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Agenda packet, regular meeting

Vallejo City Council
December 16, 2025

Document
Agenda packet, regular meeting
Meeting
December 16, 2025
Body
Vallejo City Council
Pages
826
Original file
106.9 MB
Text extracted from the city's file for reading and search. Open the original on vallejoca.api.civicclerk.com. That file is the official record.

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CONSENT CALENDAR 8.L.

DATE: December 16, 2025
TO: Mayor and Members of the City Council
FROM: Oscar Alcantar, Interim Public Works Director
SUBJECT: ADOPT A RESOLUTION AMENDING THE FISCAL YEAR 2025-2026 SOLID WASTE

FUND BUDGET TO RECOGNIZE REVENUE AND APPROPRIATE FUNDS IN THE AMOUNT OF $120,000 (STEP 2 OF 2), APPROVING A FIRST AMENDMENT TO THE CONSULTANT AND PROFESSIONAL SERVICES AGREEMENT WITH R3 CONSULTING GROUP, INC. TO INCLUDE ADDITIONAL SCOPE OF WORK AND INCREASE THE NOT TO EXCEED AMOUNT BY $120,000 TO $195,000, AND AUTHORIZING THE CITY

MANAGER TO EXECUTE SAME

RECOMMENDATION
Adopt a Resolution amending the Fiscal Year 2025-2026 Solid Waste Fund budget to recognize revenue and appropriate funds in the amount of $120,000 (step 2 of 2), approving a First Amendment to the Consultant and Professional Services Agreement with R3 Consulting Group, Inc. to include additional scope of work and increase the not-to-exceed amount to $195,000, and authorizing the City Manager to execute same.

REASONS FOR RECOMMENDATION
Recology Vallejo (Recology), the City’s Exclusive Franchise Hauler, is obligated by Section 20.01.01 of the 2016 Revised Restated Franchise Agreement for Solid Waste Disposal and Recycling Services (Franchise Agreement) to cover full costs of a billing audit and comprehensive performance review, expected to not exceed $120,000. The billing audit and performance review will evaluate Recology’s operations over the previous three calendar years to determine compliance with the Franchise Agreement, verify billing accuracy, and assess other performance standards and ensure accountability and protection of ratepayer interests.

Recology has agreed to reimburse the City for all billing audit and performance review expenses, which is expected to not exceed $120,000.

The City currently has an agreement with R3 Consulting Group (R3), who assisted the City in negotiations for its 2016 Franchise Agreement and subsequently in 2022 renegotiations for the first amendment to the Franchise Agreement. R3 has also continued to support the City with implementation of the mandated Senate Bill (SB) 1383 program, funded through existing CalRecycle grants. It would be a conflict of interest for the hauler to directly pay an auditor to perform its performance review, and R3 does not provide services to any private waste haulers, facility owners, or operators. Therefore, based on R3’s extensive knowledge of the City’s Franchise Agreement and industry expertise, staff recommend designating R3 to conduct the performance review and billing audit on behalf of the City. Staff further recommend executing a First Amendment to the Agreement with R3 to increase the not-to-exceed amount by $120,000—from $75,000 to $195,000—to expand the scope of work and complete the additional tasks needed for a comprehensive performance review.

A Notice of Intent to amend the Solid Waste Fund budget was presented to the City Council at its regular meeting on December 9, 2025.

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Date: December 16, 2025
Subject: ADOPT A RESOLUTION AMENDING THE FISCAL YEAR 2025-2026 SOLID WASTE

FUND BUDGET TO RECOGNIZE REVENUE AND APPROPRIATE FUNDS IN THE AMOUNT OF $120,000 (STEP 2 OF 2), APPROVING A FIRST AMENDMENT TO THE CONSULTANT AND PROFESSIONAL SERVICES AGREEMENT WITH R3
CONSULTING GROUP, INC. TO INCLUDE ADDITIONAL SCOPE OF WORK AND INCREASE THE NOT TO EXCEED AMOUNT BY $120,000 TO $195,000, AND

AUTHORIZING THE CITY MANAGER TO EXECUTE SAME

Page 2 ends

BACKGROUND AND DISCUSSION
The City selected R3 Consulting Group, Inc. (R3) through a Request for Proposals (RFP) process in 2016 to assist with the negotiation and administration of the Franchise Agreement with Recology Vallejo (Recology).

R3 further supported the City in renegotiations with Recology for the first amendment to the Franchise Agreement, effective July 1, 2022, which extended the initial ten-year term to fifteen years and incorporated new provisions related to Senate Bill (SB) 1383 mandates, California’s Short-Lived Climate Pollutant Reduction Strategy.

While Section 20.01.01 of the Franchise Agreement requires Recology to cover costs of a billing audit and performance review if a term extension is requested, a review could not be conducted prior to granting Recology the term extension in 2022 due to the urgency of amending the Franchise Agreement to incorporate provisions required for compliance with SB 1383. Recology has agreed to pay for full costs of a comprehensive performance review and billing audit, anticipated to not exceed $120,000.

A comprehensive performance review of the City’s exclusive hauler has not been conducted to date.

Jurisdictions typically complete such reviews on a ten-year cycle. Outlined in Section 20.01 of the Franchise Agreement, the purpose of a billing audit and performance review of the City’s exclusive hauler includes, but is not limited to, verifying that customer billing rates have been properly calculated and correspond to the level of service received, and evaluating compliance with performance standards of the Franchise Agreement such as protocols for addressing customer complaints and service interruptions. The City, or a designated consultant, may carry out this review through methods such as analysis of records, on-site field observations, and staff interviews.

The City currently has a Consultant and Professional Services Agreement (Agreement) in the amount of $75,000 with R3, who assisted the City in 2016 and 2022 with Franchise Agreement negotiations. R3 has continued to support the City with implementation of its mandated Senate Bill (SB) 1383 program, which has been funded through existing CalRecycle grants. It would be a conflict of interest for the hauler to directly pay an auditor to perform a performance review, and R3 does not provide services to any private waste haulers or facility owners/operators. Therefore, based on R3’s extensive knowledge of the City’s Franchise Agreement and industry expertise, staff recommend executing a First Amendment to the Agreement with R3 to increase the not-to-exceed amount from $75,000 to $195,000 to expand its existing scope of work with tasks to be completed for a comprehensive performance review.

Scheduling a performance review in 2026 will allow R3 to evaluate the past three full calendar years of data, determine Recology’s compliance with the franchise agreement, verify billing accuracy, and recommend service improvements as necessary to the City, ensuring accountability and protection of ratepayer interests. A detailed scope of work is provided in Attachment 2.

Staff further recommend amending the Fiscal Year 2025–2026 Solid Waste Fund budget to recognize the $120,000 in revenue to be received from Recology and authorize the use of these funds to complete the

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Date: December 16, 2025
Subject: ADOPT A RESOLUTION AMENDING THE FISCAL YEAR 2025-2026 SOLID WASTE

FUND BUDGET TO RECOGNIZE REVENUE AND APPROPRIATE FUNDS IN THE AMOUNT OF $120,000 (STEP 2 OF 2), APPROVING A FIRST AMENDMENT TO THE CONSULTANT AND PROFESSIONAL SERVICES AGREEMENT WITH R3
CONSULTING GROUP, INC. TO INCLUDE ADDITIONAL SCOPE OF WORK AND INCREASE THE NOT TO EXCEED AMOUNT BY $120,000 TO $195,000, AND

AUTHORIZING THE CITY MANAGER TO EXECUTE SAME

Page 3 ends

performance review and billing audit. This budget action will enable the City to fully fund the expanded scope of work and ensure timely completion of the review.

FISCAL IMPACT
Revenue in the amount of $120,000 from Recology Vallejo will increase the revenue and expenditure budget in the Solid Waste Fund each by $120,000. Ongoing SB 1383 implementation tasks will continue to be funded by existing grant resources. There is no impact to the General Fund.

Solid Waste Fund Revenues Expenditures
Other Professional Services (Performance Review) $120,000 $120,000

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

ATTACHMENTS

1. Resolution Amending 2025-2026 Budget_CAO Stamp

2. R3 Consulting Group First Amendment_CAO Stamp

3. 24-PW139 R3 CONSULTING GROUP Consultant and Professional Services Agreement

CONTACT
Oscar Alcantar, Interim Public Works Director (707) 648-4433 [email protected]

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RESOLUTION NO. 25 - _____ N.C.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VALLEJO AMENDING THE FISCAL YEAR 2025-2026 SOLID WASTE FUND BUDGET TO RECOGNIZE REVENUE AND APPROPRIATE FUNDS IN THE AMOUNT OF $120,000 (STEP 2 OF 2), APPROVING A FIRST

AMENDMENT TO THE CONSULTANT AND PROFESSIONAL SERVICES AGREEMENT WITH R3 CONSULTING GROUP, INC. TO INCLUDE ADDITIONAL SCOPE OF WORK AND INCREASE THE NOT TO EXCEED AMOUNT BY $120,000 TO $195,000, AND AUTHORIZING

THE CITY MANAGER TO EXECUTE SAME
WHEREAS, on July 1, 2022, the City of Vallejo (“City”) and Recology Vallejo (Recology) executed the First Amendment to the Franchise Agreement for Solid Waste Disposal and Recycling Services (Franchise Agreement); and
WHEREAS, Section 20.01.01 of the Franchise Agreement requires Recology to cover costs of a comprehensive performance review and billing audit, anticipated not to exceed $120,000; and WHEREAS, the City has an existing Consultant and Professional Services Agreement (Agreement) with R3 Consulting Group, Inc. (R3) who supported the City in negotiations with Recology for the Franchise Agreement in 2016 and for the First Amendment in 2022; and WHEREAS, Franchise jurisdictions typically complete such reviews at minimum every ten years, and a performance review of Recology has not been conducted by the City to date; and WHEREAS, Recology has agreed to reimburse the City for costs of a comprehensive performance review, up to $120,000; and
WHEREAS, City Charter Section 703 permits the transfer of unappropriated funds by the City Council upon one week’s written notice of intention to do so; and WHEREAS, Notice of Intent to amend the Solid Waste Fund budget was provided to the City Council on December 9, 2025.

NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Vallejo does hereby approve the amendment of the FY 2025-26 Solid Waste Fund budget (#135) to recognize revenue and appropriate funds in the amount of $120,000 as follows:

Solid Waste Fund Revenues Expenditures
Other Professional Services (Performance Evaluation) $120,000 $120,000
BE IT FURTHER RESOLVED that the City Council does hereby approve a First Amendment to the Consultant and Professional Services Agreement with R3 to include additional scope of work pertaining to a comprehensive performance review of Recology and to increase the not to exceed amount by $120,000 to $195,000.

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BE IT FURTHER RESOLVED that the City Council does hereby authorize the City Manager to execute said Agreement, with any modifications recommended by the City Attorney and for the City Clerk to attest.

Adopted by the City Council of the City of Vallejo at a regular meeting held on December 16, 2025, with the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
____________________________________

ANDREA SORCE, MAYOR
ATTEST:

____________________________________
DAWN G. ABRAHAMSON, CITY CLERK

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FIRST AMENDMENT TO CONSULTANT AND PROFESSIONAL SERVICES

AGREEMENT BETWEEN

CITY OF VALLEJO
AND
R3 CONSULTING GROUP, INC.

This First Amendment to the Consultant and Professional Services Agreement made and entered into on January 23rd, 2024, hereafter referred to as “Agreement”, between R3 Consulting Group, Inc., a California corporation, therein referred to as “Consultant”, and the City of Vallejo, a municipal corporation, therein referred to as “City”, is made and entered into on this 17th day of December 2025.

WHEREAS, pursuant to the existing Agreement, Consultant monitors Recology’s compliance with the terms of the City’s franchise agreement and assists Recology with implementing SB 1383, among other tasks; and
WHEREAS, the existing Agreement has a not-to-exceed amount of $75,000 and is due to expire on January 23, 2027; and
WHEREAS, the parties wish to amend the Agreement to amend the scope of work and increase Consultant’s compensation by an additional $120,000, for a maximum not-toexceed amount of $195,000.

NOW THEREFORE, Consultant and City do mutually agree as follows:

1. Amendment to Exhibit A. Exhibit A of the Agreement is amended to add the scope of work outlined in Exhibit A – Attachment 2 attached hereto.

2. Amendment to Section 1A of Exhibit B. Section 1A. “Services” of Exhibit B “Compensation” shall be modified to read as follows:
“City agrees to pay Consultant, at the rate(s) specified below, for those services set forth in Exhibit A of this Agreement and for all other authorized reimbursable expenses, for a total not to exceed One Hundred Ninety-Five Thousand Dollars and Zero Cents ($195,000.00).

The remainder of Paragraph 1A. “Services” shall remain unchanged.

3. Amendment to Section 4, Indemnification. Section 4 of the Agreement is hereby amended to read in its entirety as follows:
“Indemnification. Consultant shall indemnify, hold harmless, and defend City,

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its officers, officials, directors, employees, agents, volunteers and affiliates and each of them from any and all claims, demands, causes of action, damages, costs, expenses, actual attorney’s fees, consultant’s fees, expert fees, losses or liability, in law or in equity, of every kind and nature whatsoever arising out of or in connection with Consultant’s operations, or any subcontractor’s operations, to be performed under this agreement for Consultant’s or subcontractor’s tort negligence including active or passive, or strict negligence, including but not limited to personal injury including, but not limited to bodily injury, emotional injury, sickness or disease, or death to persons and/or damage to property of anyone, including loss of use thereof, caused or alleged to be caused by any act or omission of Consultant, or any subcontractor, or anyone directly or indirectly employed by any of them or anyone for the full period of time allowed by the law, regardless to any limitation by insurance, with the exception of the sole negligence or willful misconduct of the City.

Consultant shall also indemnify, hold harmless, and defend City, its officers, officials, directors, employees, agents, volunteers and affiliates and each of them from any and all claims, demands, causes of action, damages, costs, expenses, actual attorney’s fees, consultant’s fees, expert fees, losses or liability, in law or in equity, of every kind and nature whatsoever arising out of or in connection with Consultant’s operations, or any subcontractor’s operations, related to costs or benefits associated with California Public Employment Retirement System (CalPERS) membership where Consultant supplies a CalPERS member who CalPERS determines is subject to enrollment.

The provisions of this section shall survive the expiration or termination of this Agreement.”

4. General Prohibition on Assignment of CalPERS Members and Annuitants.

The Agreement is hereby amended to add the following provision:
“Consultant shall not hire, employ, or use, as an employee, subcontractor or agent of Consultant (Assigned Individual) any California Public Employment Retirement System (CalPERS) member or annuitant in connection with the provision of services under this Agreement. Nor shall Consultant allow any of its subcontractors, agents, or other representatives to employ CalPERS members or annuitants for the purpose of performing work under this Agreement. Failure to comply with the provisions of this section shall constitute a material breach of Consultant’s obligations under this Agreement and shall be grounds for termination.

The City Manager and the Human Resources Director may together approve an exception which they determine either: (i) meets the requirements of CalPERS relating to Independent Contractors; or (ii) where such Assigned Individual who

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is an Annuitant, has not, and will not, exceed 960 total hours in a fiscal year (July 1 to June 30) for all CalPERS employers combined, and satisfies all other CalPERS annuitant requirements. No Assigned Individual, regardless of CalPERS membership at the time the labor is provided, may exceed 1,000 hours in a fiscal year (July 1 to June 30).”

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

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

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

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

9. Facsimile Signatures. This First Amendment shall be binding upon the receipt of facsimile signatures; provided, however, that any person transmitting his or her signature by facsimile shall promptly send an original signature to the other party at the addresses noted below:

City: Derek Crutchfield
Environmental Services Manager
Public Works Department
555 Santa Clara Street
Vallejo, CA 94590
Consultant:

Garth Schultz
President and Principal
R3 Consulting Group, Inc.
1504 Eureka Road, Suite 220
Roseville, CA 95661

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10.Authority. The person signing this First Amendment for Consultant hereby represents and warrants that he or she is fully authorized to sign this First Amendment on behalf of Consultant.
(SIGNATURES ARE ON THE FOLLOWING PAGE)

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IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year shown below the name of each of the parties.

R3 CONSULTING GROUP, INC.
a California corporation

By:

Garth Schultz
President and Principal
DATE: ______________

(City Seal)

CITY OF VALLEJO,
a municipal corporation
By:________________________
Andrew Murray
City Manager
DATE:______________________
ATTEST:

By:________________________
Dawn Abrahamson
City Clerk
APPROVED AS TO FORM:
__________________________
Veronica A. F. Nebb
City Attorney
APPROVED AS INSURANCE:

Armond Sarkis
Risk Manager

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EXHIBIT A – ATTACHMENT 2

SCOPE OF WORK
Project Approach
• Contract Compliance and Regulatory Compliance Review
• Operational Performance Review
• Financial Review and Audit of Billings
As specified in Section 20.01.1 of the Franchise Agreement (Agreement), the Performance Review is to address and provide specific recommendations, as appropriate, for improvement in all appropriate areas which may include but are not limited to the following areas:
• Compliance with the terms of the amended Agreement and applicable laws. • Overall operational structure and management systems and procedures. • Efficiency of collection operations, including an analysis of routes, schedules, and the impact of Agreement requirements.
• Staffing practices, including the deployment of management and supervisory personnel. • Financial management practices, including Recology Vallejo’s billing and collection system and its policies regarding uncollected customer accounts.
• Employee job and safety training, and management of hazardous waste. • Procedures for receiving and resolving customer and service recipient complaints and concerns. • Procedures for the acquisition, maintenance, safety check, and replacement of equipment. • Utilization and management of facilities, equipment, and personnel. • Comparison with practices of businesses similar to Recology Vallejo.

R3 will use a variety of methods in the execution of the Performance Review, including, but not limited to, analysis of relevant documents, on-site and field observations, and interviews On-Site and Field Observations
R3 has designed the on-site and field observations to focus on five main areas:

1. Management and administration

2. Customer service

3. Safety and training

4. Collection operations

5. Vehicle maintenance, repair, and replacement
R3 will work with Recology Vallejo in advance to develop a meeting schedule for staff interviews. On-site and field observations may include, but not be limited to, the following:
• Interviews and discussions with Recology Vallejo administration and management personnel. • Review and observation of Recology Vallejo customer service and billing functions. • Review of public education and outreach materials.
• Interviews and discussions with Recology Vallejo financial and accounting personnel. • Interviews with route dispatchers, field supervisors and managers. • Interviews with route drivers.
• Interviews with vehicle maintenance staff and observation of maintenance practices. • Review of on-route collection services, including observation of driver performance and collection productivity and visual inspection of residential routes before and after collection to evaluate cart placement and cleanliness of street

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Feb 8, 2024 12:20 PM, 1192643914
Contract and Routing Form
Date Originated:

Finance Department ∙ 555 Santa Clara Street ∙ Vallejo ∙ CA ∙ 94590 ∙ 707.648.4592 Department: Public Works Departments, Recycling/Solid Waste Staff Contact: Derek Crutchfield, [email protected] Contract Type: Master Consultant and Professional Services Agreement Vendor: R3 Consulting Group Vendor Number:102851
Business License Number: 11710644
Contract Not to Exceed Amount: 75000.00
Contract Start Date: Jun 23, 2024 End Date: Jan 23, 2027 Option to Extend: two years
Authority to Contract: City Manager
Attachments are uploaded for review here: https://bit.ly/vContracts Approved Pre-Requisition Form
Insurance
I have uploaded additional files.Yes
DocuSign Envelope ID: 0551096E-EA8B-4852-AADA-A10695C20C38 24-PW139

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Contract and Routing Form
Signature Page
Department Initial Date Comment
Originating Department/Division
Risk Manager
City Attorney's Office
Department Head
Finance Department
City Manager
City Clerk
Return executed contract to: Derek Crutchfield
DocuSign Envelope ID: 0551096E-EA8B-4852-AADA-A10695C20C38 2/9/2024
2/9/2024
2/15/2024
2/19/2024
2/20/2024
2/20/2024
2/20/2024

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Jan 29, 2024 9:44 AM, 1188928539
Pre-Requisition Form
Finance Department ∙ 555 Santa Clara Street ∙ Vallejo ∙ CA ∙ 94590 ∙ 707.648.4592 Department: Public Works Departments, Recycling/Solid Waste Staff Contact: Derek Crutchfield, [email protected] Vendor: R3 Consulting Group Vendor Number 038143
Term: Multi-year Term
Anticipated Start Date: Jan 23, 2024
Anticipated End Date: Jan 23, 2027
Anticipated Contract Type: Master Consultant and Professional Services Agreement Purchasing Authority: City Manager
Total Projected Expenditure: 75000.00
Anticipated Account Number 135-2505-431-32-61
Multiple Project Numbers? No, just one Multiple Account Numbers? No, just one Description of Proposed Purchase:

Consulting services that will assist the City with complying with new state law SB1383 I have reviewed the city-wide contracts, expenditure and encumbrance reports to comply with the VMC.

It is existing vendor but total City-wide expenses are not anticipated to hit the cap of $100,000 in a single FY.

Competitive Process: I am exempt from having to complete a Competitive Process Exemption Explanation:

Professional services that are highly specialized
Explanation for Vendor Selection:

This vendor provides SB1383 consulting services and has been working with the City and the Solid Waste Franchise Hauler to comply with this new state law.

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

WarrantyNo
DocuSign Envelope ID: 0551096E-EA8B-4852-AADA-A10695C20C38

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Pre-Requisition Signature Section
Department Comment
Supervisor/Manager: Brisa Long
Title: Administrative Analyst ii
E-mail: [email protected]
_
_
Signature Date
Delegated Signee: Melissa Tigbao
Title: Public Works Director
E-mail: [email protected]
_
Signature Date
Route Final HTE PO to City Clerk for Contract Log
Brisa Long Digitally signed by Brisa Long
DN: cn=Brisa Long, o=City of Vallejo, ou=Public
Works, [email protected], c=US
Date: 2024.01.29 11:00:52 -08'00'
Digitally signed by Melissa L. Tigbao
DN: cn=Melissa L. Tigbao, o, ou,
[email protected], c=US
Date: 2024.01.30 21:17:55 -08'00'
DocuSign Envelope ID: 0551096E-EA8B-4852-AADA-A10695C20C38

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R3 Consultant and Professional Services Agreement Page 1 of 10

CONSULTANT AND PROFESSIONAL SERVICES AGREEMENT
This Consultant and Professional Services Agreement ("Agreement") is made at Vallejo, California, dated for reference this 23rd day of January, 2024, by and between the City of Vallejo, a municipal corporation ("City"), and R3 Consulting Group, a California corporation, hereinafter referred to as “Consultant”, who agree as follows:

1. Services. Subject to the terms and conditions set forth in this Agreement, Consultant shall provide the City professional services as specified in Exhibit A, entitled “Scope of Work.”

2. Payment. City shall pay Consultant for services rendered pursuant to this Agreement at the times and in the manner set forth in Exhibit B, entitled “Compensation.” The payments specified in Exhibit B shall be the only payments to be made to Consultant for services rendered pursuant to this Agreement.

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

4. Indemnification. Consultant shall indemnify, hold harmless, and defend City, its officers, officials, directors, employees, agents, volunteers and affiliates and each of them from any and all claims, demands, causes of action, damages, costs, expenses, actual attorney’s fees, consultant’s fees, expert fees, losses or liability, in law or in equity, of every kind and nature whatsoever arising out of or in connection with Consultant’s operations, or any subcontractor’s operations, to be performed under this agreement for Consultant’s or subcontractor’s tort negligence including active or passive, or strict negligence, including but not limited to personal injury including, but not limited to bodily injury, emotional injury, sickness or disease, or death to persons and/or damage to property of anyone, including loss of use thereof, caused or alleged to be caused by any act or omission of Consultant, or any subcontractor, or anyone directly or indirectly employed by any of them or anyone for the full period of time allowed by the law, regardless to any limitation by insurance, with the exception of the sole negligence or willful misconduct of the City.

The provisions of this section shall survive the expiration or termination of this Agreement.

5. Insurance Requirements. Consultant agrees to comply with all of the Insurance Requirements set forth in Exhibit C, entitled “Insurance Requirements for Consultant.” Failure to maintain required insurance at all times shall constitute a default and material breach.

DocuSign Envelope ID: 0551096E-EA8B-4852-AADA-A10695C20C38

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R3 Consultant and Professional Services Agreement Page 2 of 10

6. Accident Reports. Consultant shall immediately report (as soon as feasible, but not more than 24 hours) to the City Risk Manager any accident or other occurrence causing injury to persons or property during the performance of this Agreement. The report shall be made in writing and shall include, at a minimum: (a) the names, addresses, and telephone numbers of the persons involved, (b) the names, addresses, and telephone numbers of any known witnesses, (c) the date, time, and description of the accident or other occurrence.

7. Conflict of Interest. Consultant warrants and represents that to the best of its knowledge, there exists no actual or potential conflict between Consultant’s family, business, real property or financial interests and the services to be provided under this Agreement. Consultant shall comply with the City of Vallejo Conflict of Interest Code and not enter into any contract or agreement during the performance of this Agreement which will create a conflict of interest with its duties to City under this Agreement. In the event of a change in Consultant’s family, business, real property, or financial interests occurs during the term of this Agreement that creates an actual or potential conflict of interest, then Consultant shall disclose such conflict in writing to City. Every individual who performs services on behalf of Consultant pursuant to this Agreement must file a full Statement of Economic Interests (also known as Form 700) with the City Clerk if the work of the individual involves making a governmental decision whether to issue, deny, suspend, or revoke any permit, license, application, certificate, approval, order, or similar authorization or entitlement; authorizes the City to enter into, modify, or renew a contract; grants City approval of specifications for a contract; adopts or approves for the City any policy, standard or guideline; lobbies on behalf of the City, or performs the same or substantially all the same duties for the City that would otherwise be performed by an individual holding a position specified in the City’s Conflict of Interest Code.

8. Independent Contractor. Consultant is an independent contractor.

Neither Consultant nor any of Consultant’s officers, employees, agents, or subcontractors, if any, is an employee of City by virtue of this Agreement or performance of any services pursuant to this Agreement. City shall have the right to control Consultant only insofar as the results of Consultant’s services rendered pursuant to this Agreement; however, City shall not have the right to control the means by which Consultant accomplishes services pursuant to this Agreement.

9. Licences, Permits, Etc. Consultant represents and warrants to City that all consultant services shall be provided by a person or persons duly licensed by the State of California to provide the type of services to be performed under this Agreement and that Consultant has all the permits, qualifications and approvals of whatsoever nature which are legally required for Consultant to practice its profession. Consultant represents and warrants to City that it shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals which are legally required for Consultant to practice its profession.

DocuSign Envelope ID: 0551096E-EA8B-4852-AADA-A10695C20C38

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R3 Consultant and Professional Services Agreement Page 3 of 10

10. Business License. Consultant, and its subcontractors, has obtained or agrees to apply prior to performing any services under this Agreement to City’s Finance Department for a business license, pay the applicable business license tax and maintain said business license during the term of this Agreement. The failure to obtain such license shall be a material breach of this Agreement and grounds for termination by City. No payments shall be made to Consultant until such business license(s) has been obtained.

11. Standard of Performance. Consultant shall provide products and perform all services required pursuant to this Agreement in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised under similar conditions by a member of Consultant’s profession currently practicing in California.

Consultant is responsible for making an independent evaluation and judgment of all conditions affecting performance of the work, including without limitation applicable federal, state, and local laws and regulations, and all other contingencies or considerations.

Consultant’s responsibilities under this section shall not be delegated. Consultant shall be responsible to City for acts, errors, or omissions of Consultant’s subcontractors.

Consultant is responsible for making an independent evaluation and judgment of all conditions affecting performance of the work and shall prepare plans, reports, and/or other work products in such a way that additional costs will not be incurred beyond a project budget approved or amended by the City Manager or his or her designee.

Whenever the scope of work requires or permits review, approval, conditional approval or disapproval by City, it is understood that such review, approval, conditional approval or disapproval is solely for the purposes of administering this Agreement and determining whether the Consultant is entitled to payment for such work, and not be construed as a waiver of any breach or acceptance by the City of any responsibility, professional or otherwise, for the work, and shall not relieve the Consultant of responsibility for complying with the standard of performance or laws, regulations, industry standards, or from liability for damages caused by negligent acts, errors, omissions, noncompliance with industry standards, or the willful misconduct of Consultant.

12. Force Majeure. Neither party shall be considered in default of this Agreement to the extent performances are prevented or delayed by causes or circumstances beyond either party’s reasonable control, such as war, riots, strikes, lockouts, work slowdown or stoppage, acts of God, such as floods or earthquakes, and electrical blackouts or brownouts.

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R3 Consultant and Professional Services Agreement Page 4 of 10 In the event that the Consultant is unable to meet the completion date or schedule of services, Consultant shall immediately inform the City Representative of this in writing. If additional time is required to perform the work, the City Representative may adjust the schedule.

13. Time is of the Essence. Time is of the essence in this Agreement. Any reference to days means calendar days, unless otherwise specifically stated.

14. Personnel. Consultant agrees to assign only competent personnel according to the reasonable and customary standards of training and experience in the relevant field to perform services under this Agreement. Failure to assign such competent personnel shall constitute grounds for termination of this Agreement.

The payment made to Consultant pursuant to this Agreement shall be the full and complete compensation to which Consultant and Consultant’s officers, employees, agents, and subcontractors are entitled for performance of any work under this Agreement. Neither Consultant nor Consultant’s officers or employees are entitled to any salary or wages, or retirement, health, leave or other fringe benefits applicable to employees of the City. The City will not make any federal or state tax withholdings on behalf of Consultant. The City shall not be required to pay any workers' compensation insurance on behalf of Consultant.

Consultant shall pay, when and as due, any and all taxes incurred as a result of Consultant’s compensation hereunder, including estimated taxes, and shall provide City with proof of such payments upon request.

15. Consultant Not Agent. Except as authorized under this Agreement or as City may authorize in a letter of authorization signed by the City Manager or his or her designee, Consultant shall have no authority, express or implied to act on behalf of City in any capacity whatsoever as an agent. Consultant shall have no authority, express or implied, under this Agreement, to bind City to any obligation whatsoever.

16. Term. The term of this Agreement shall commence on January 23, 2024 and shall continue in full force and effect until January 23, 2027.

City shall, at its discretion, have the right to extend the term of this Agreement, in intervals of one year, by written notice to Consultant. The total duration of this Agreement, including the exercise of any options under this section, shall not exceed five years.

If the term of this Agreement extends into fiscal years subsequent to that in which it is approved, such continuation of the Agreement is contingent on the appropriation of funds for such purpose by the City Council of the City of Vallejo.

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R3 Consultant and Professional Services Agreement Page 5 of 10 If funds to effect such continued payment are not appropriated, Consultant agrees to terminate any services supplied to City of Vallejo under this Agreement, and relieve City of any further obligation therefore.

17. Termination or Abandonment by City. The City has the right, at any time and in its sole discretion, to immediately terminate or abandon any portion or all of the services to be provided under this Agreement by giving notice to Consultant.

Upon receipt of a notice of termination, Consultant shall perform no further work except as specified in the notice. Before the date of termination, Consultant shall deliver to City all City records and documents, all work product, whether completed or not, as of the date of termination and not otherwise previously delivered.

The City shall pay Consultant for services performed in accordance with this Agreement before the date of termination. If this contract provides for payment of a lump sum for all services or by task and termination occurs before completion of the work or any defined task which according to the performance schedule was commenced before the notice of termination, the fee for services performed shall be based on an amount mutually agreed to by City and Consultant for the portion of work completed in conformance with this Agreement before the date of termination. In addition, the City will reimburse Consultant for authorized expenses incurred and not previously reimbursed. The City shall not be liable for any fees or costs associated for the termination or abandonment except for the fees, and reimbursement of authorized expenses, payable pursuant to this section.

18. Products of Consulting Services. The work product, including without limitation, all writings, work sheets, reports, recordings, drawings, files, detailed calculations and other work products, whether complete or incomplete, of Consultant resulting from services rendered pursuant to this Agreement, shall become the property of City. Consultant agrees that all copyrights which arise from creation of the work under this Agreement shall be vested in the City and waives and relinquishes all claims to copyright or other intellectual property rights in favor of the City. City acknowledges that its use of the work product is limited to the purposes contemplated by the scope of work and that the Consultant makes no representation of the suitability of the work product for use in or application to circumstances not contemplated by the scope of work.

Documents submitted to the City in electronic format shall be formatted according to specifications provided by the City, or if not otherwise specified, in Microsoft Word, Excel, PowerPoint or other Microsoft Office Suite (2002) format as appropriate for the particular work product or, if directed by the City Representative in Adobe Acrobat PDF format.

19. Cooperation by City. City shall, to the extent reasonable and practicable, assist and cooperate with Consultant in the performance of Consultant’s services hereunder.

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R3 Consultant and Professional Services Agreement Page 6 of 10

20. Assignment and Subcontracting. Consultant shall not subcontract, assign or transfer voluntarily or involuntarily any of its rights, duties or obligation under this Agreement without the express written consent of the City Manager or his or her designee in each instance. Any attempted or purported assignment of any right, duty or obligation under this Agreement without said consent shall be void and of no effect.

If subcontracting of work is permitted, Consultant shall pay its subcontractor within ten (10) days of receipt of payment by City for work performed by a subcontractor and billed by the Consultant. Use of the term subcontractor in any other provision of this contract shall not be construed to imply authorization for Consultant to use subcontractors for performance of any service under this Agreement.

The City is an intended beneficiary of any work performed by Consultant’s subcontractor for purposes of establishing a duty of care between the subcontractor and City.

Any subcontractor or assignee consented to by City shall be bound by all terms and conditions of this agreement and the same shall be incorporated into and made a part of any assignment or subcontractor agreement.

21. Successors and Assigns. All terms, conditions, and provisions of this Agreement shall apply to and bind the respective heirs, executors, administrators, successors, and assigns of the parties. Nothing in this section is intended to affect the limitation on assignment.

22. Non-Discrimination/Fair Employment Practices.
(a) Consultant shall not, because of race, religious creed, color, sex, national original, ancestry, disability, medical condition, age, marital status or sexual orientation of any person, refuse to hire or employ, or to bar or discharge from employment, or to discriminate in compensation, or in terms, conditions or privileges any person, and every employee will receive equal opportunity for employment and shall be granted equal treatment with respect to compensation, terms, conditions or other privileges of employment, without regard to his race, religious creed, color, sex, national origin, ancestry, or disability, medical condition, age, marital status or sexual orientation.

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

In all solicitations either by competitive bidding or negotiations made by Consultant for work to be performed under any subcontract, including procurement of DocuSign Envelope ID: 0551096E-EA8B-4852-AADA-A10695C20C38

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R3 Consultant and Professional Services Agreement Page 7 of 10 materials or equipment, each potential subcontractor or supplier shall be notified by Consultant of Consultant’s obligation under this Agreement relative to nondiscrimination and fair employment practices.

Consultant shall include the above provisions of this section in every subcontract, including procurement of materials or equipment.
(b) Consultant agrees to comply with Title VII of the Civil Rights Act of 1964, as amended, the California Fair Employment Practices Act, the Americans with Disabilities Act of 1990, any other applicable federal and state laws and regulations and City ordinances and regulations hereinafter enacted.

23. Notices. All notices or instruments required to be given or delivered by law or this Agreement shall be in writing and shall be effective upon receipt thereof and shall be by personal service or delivered by depositing the same in any United States Post Office, registered or certified mail, postage prepaid, addressed to:

If to City: Derek Crutchfield
Recycling Coordinator
Public Works
555 Santa Clara Street
Vallejo, CA 94590
If to Consultant: Garth Schultz
President and Principal
R3 Consulting Group
1512 Eureka Road, Inc. Suite 200
Roseville, CA 95661
Any party may change its address for receiving notices by giving written notice of such change to the other party in accordance with this section.

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

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

25. Severability Clause. Should any provision of this Agreement ever be deemed to be legally void or unenforceable, all remaining provisions shall survive and be enforceable.

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R3 Consultant and Professional Services Agreement Page 8 of 10

26. Law Governing. This Agreement shall in all respects be governed by the law of the State of California without regard to its conflicts of law rules. Litigation arising out of or connected with this Agreement shall be instituted and maintained in the courts of Solano County in the State of California or in the United States District Court, Eastern District of California, Sacramento, California, and the parties consent to jurisdiction over their person and over the subject matter of any such litigation in such courts, and consent to service of process issued by such courts.

27. Waiver. Waiver by either party of any default, breach or condition precedent shall not be construed as a waiver of any other default, breach or condition precedent or any other right hereunder.

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

29. Gender. All pronouns and any variations thereof shall be deemed to refer to the masculine, feminine, neuter, singular or plural, as the identifications of the person or persons, firm or firms, corporation or corporations may require.

30. Headings. The section headings contained in this Agreement are inserted for convenience only and shall not affect in any way the meaning or interpretation of this Agreement.

31. Compliance with Laws. Consultant will comply with all statutes, regulations and ordinances in the performance of all services under this Agreement.

32. Confidentiality of City Information. During the performance of services under this Agreement, Consultant may gain access to and use City information regarding, but not limited to, procedures, policies, training, operational practices, and other vital information (hereafter collectively referred to as "City Information") which are valuable, special and unique assets of the City. Consultant agrees that it will not use any information obtained as a consequence of the performance of services under this Agreement for any purpose other than fulfillment of Consultant’s scope of work , to protect all City Information and treat it as strictly confidential and proprietary to City, and that it will not at any time, either directly or indirectly, divulge, disclose or communicate in any manner any City Information to any third party, other than its own employees, agents or subcontractors who have a need for the City Information for the performance of services under this Agreement, without the prior written consent of City, or as required by law.

Consultant shall treat all records and work product prepared or maintained by Consultant in the performance of this Agreement as confidential.

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R3 Consultant and Professional Services Agreement Page 9 of 10 A violation by Consultant of this section shall be a material violation of this Agreement and will justify legal and/or equitable relief.

Consultant’s obligations under this section shall survive the completion of services, expiration or termination of this Agreement.

33. News and Information Release. Consultant agrees that it will not issue any news releases in connection with either the award of this Agreement, or any subsequent amendment of or efforts under this Agreement, without first obtaining review and approval of said news releases from City through the City Representative.

34. City Representative. The City Representative specified in Exhibit A, or the representative's designee, shall administer this Agreement for the City.

35. Counterparts. The parties may execute this Agreement in one or more counterparts, each of which shall be deemed an original, but all of which together shall be deemed one and the same instrument.

36. Facsimile Signature; Electronic Signature. This Agreement shall be binding upon the receipt of facsimile signatures or e-mailed by PDF or otherwise.

Any person transmitting his or her signature by facsimile or electronically shall promptly send an original signature to the other party pursuant to the notice provision of this Agreement. The failure to send an original shall not affect the binding nature of this Agreement.

37. Authority. The person signing this Agreement for Consultant hereby represents and warrants that he/she is fully authorized to sign this Agreement on behalf of Consultant.

38. Exhibits. The following exhibits are attached hereto and incorporated herein by reference:

Exhibit A, entitled “Scope of Work,” including any attachments Exhibit B, entitled “Compensation,” including any attachments Exhibit C, entitled “Insurance Requirements,” including attachments [SIGNATURES ON FOLLOWING PAGE]
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Consultant and Professional Services Agreement (Revised 01.2019) Page 1 of 3 Exhibit A – Scope of Work

EXHIBIT A

SCOPE OF WORK

1. Representatives. The City Representative for this Agreement is:

Derek Crutchfield
Recycling Coordinator
Public Works 555 Santa Clara Street
Vallejo CA 94590
(707) 648-5346
Fax: (707) 648-4691
The Consultant’s Representative for this Agreement is:

Garth Schultz
President and Principal
R3 Consulting Group
1512 Eureka Road, Inc. Suite 200
Roseville, CA 95661
(916) 782-7821
Fax: (916) 782-7824
All routine administrative communications between the parties will be between the above named representatives and may be by personal delivery, mail, facsimile transmission, or electronic mail as agreed between the Consultant Representative and City’s Representative.

2. Services to be Provided. The services provided shall be as set forth in Attachment 1 of Exhibit A, attached hereto and incorporated herein by this reference.

3. Time for Performance. Consultant will perform the services according to the schedule contained in Attachment 1 of Exhibit A. If the schedule calls for the services to be performed in phases or discrete increments, Consultant shall not proceed from one phase or increment to the next without written authorization from the City’s Representative. Consultant will complete all services January 23, 2027.

4. Key Personnel. All of the individuals identified below are necessary for the successful prosecution of the services due to their unique expertise and depth and breadth of experience. There shall be no change in the personnel listed below, without written approval of the City Representative. Consultant recognizes that the composition of this team was instrumental in the City’s decision to award the work to Consultant and that compelling reasons for substituting these individuals must be demonstrated for the City’s consent to be granted. Any substitutes shall be DocuSign Envelope ID: 0551096E-EA8B-4852-AADA-A10695C20C38

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Consultant and Professional Services Agreement (Revised 01.2019) Page 2 of 3 Exhibit A – Scope of Work
persons of comparable or superior expertise and experience. Failure to comply with the provisions of this section shall constitute a material breach of Consultant’s obligations under this Agreement and shall be grounds for termination.

Key personnel are as follows:

Paulina Benner, Sr. Managing Consultant
Claire Wilson, Managing Consultant
Carrie Baxter, Sr. Managing Consultant
Maryann Hulsman, Asssociate Consultant
Angela Micheletti, Associate Consultant
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Consultant and Professional Services Agreement (Revised 01.2019) Page 3 of 3 Exhibit A – Scope of Work
EXHIBT A – ATTACHMENT 1
Task 1 Edible Food Recovery Program Support
R3 will work with City staff to support edible food recovery programs in the City.

Support may include, but is not limited to:
• Conducting inspections at edible food generators and food recovery organizations located in the City, if needed.
• Providing compliance training to generators.
• Identifying Tier 1 and Tier 2 generators.
• Capacity planning assistance.

Task 2 Compliance Documentation
R3 will assist with documenting compliance to CalRecycle, as needed, through the following:
• Implementation Record development and management.
• Electronic annual reporting (EAR), including assistance with data collection and entries into the EAR portal.
• Grant expenditure itemization summary reports.

Task 3 Franchised Hauler Collaboration
R3 will work with the City’s franchised hauler to monitor compliance with the terms of the agreement and
implementation of SB 1383-related tasks required of Recology Vallejo.

This includes the following general activities:
• Attendance at meetings with the hauler as directed by the City. This encompasses both in-person and remote meetings and includes setting the agenda for meetings, as directed by the City.
• Review of documents, reports, spreadsheets, and other material prepared by the hauler, as directed by the City.

Task 4 General On-Call Support
R3 will provide on-call support to the City on an as-needed basis.

This includes the following general activities:
• Attendance at meetings as directed by the City. This encompasses both in-person and remote
meetings and includes setting the agenda for meetings, as directed by the City. • Review of documents, spreadsheets, and other material as directed by City, including contracts,
budgets, reports, presentations, etc.
• Preparation of new material or updates on material provided by the City. • Tracking relevant regulations as needed and directed by the City. • Other services as directed by the City.

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Consultant and Professional Services Agreement (Revised 01.2019) Page 1 of 4 Exhibit B - Compensation

EXHIBIT B

COMPENSATION

1. Consultant’s Compensation.

A. Services: City agrees to pay Consultant, at the rate(s) specified below, for those services set forth in Exhibit A of this Agreement and for all authorized reimbursable expenses, for a total not to exceed Seventy-Five Thousand Dollars ($75,000.00).

Consultant shall notify City in writing no later than thirty (30) days prior to the estimated date when Consultant will have billed City the maximum payment amount permitted under this Agreement, and Consultant shall provide City with an estimate of the additional compensation required to complete the project.

B. Additional Services:

1. Additional Services are those services related to the scope of Services of Consultant as set forth in Exhibit A but not anticipated at the time of execution of this Agreement. Additional Services shall be provided only when a Supplemental Agreement authorizing such Additional Services is approved by the City Manager, or his or her designee. City reserves the right to perform any Additional Services with its own staff or to retain other Consultants to perform said Additional Services.

2. Consultant’s compensation for Additional Services shall be based on the total number of hours spent on Additional Services multiplied by the employees' appropriate billable hourly rate as established below. City, at its option, may negotiate a fixed fee for some or all Additional Services as the need arises. Where a fixed fee for Additional Services is established by mutual Agreement between City and Consultant, compensation to Consultant shall not exceed the fixed fee amount.

2. Appropriate Billable Hourly Rates for Services and Additional Services. Consultant’s billable hourly rates shall be as listed in Attachment 1 to Exhibit B, attached hereto and incorporated herein by this reference.

3. Consultant’s Reimbursable Expenses. Reimbursable Expenses shall be limited to actual reasonable expenditures of Consultant for expenses that are necessary for the proper completion of the Services and shall only be payable if specifically authorized in advance by City.

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Consultant and Professional Services Agreement (Revised 01.2019) Page 2 of 4 Exhibit B - Compensation

4. Payments to Consultant.

A. Payments to Consultant shall be made within a reasonable time after receipt of Consultant’s invoice, said payments to be made in proportion to services performed. Consultant may request payment on a monthly basis. Consultant shall be responsible for the cost of supplying all documentation necessary to verify the monthly billings to the satisfaction of City.

B. All invoices submitted by Consultant shall contain the following information:

1. Description of services billed under this invoice

2. Date of Invoice Issuance

3. Sequential Invoice Number

4. City’s Purchase Order Number (if issued)

5. Social Security Number or Taxpayer Identification Number

6. Amount of this Invoice (Itemize all Reimbursable Expenses”)

7. Total Billed to Date
C. Items shall be separated into Services and Reimbursable Expenses.

Billings that do not conform to the format outlined above shall be returned to Consultant for correction. City shall not be responsible for delays in payment to Consultant resulting from Consultant’s failure to comply with the invoice format described above.

D. Request for payment shall be sent to:

Derek Crutchfield
Recycling Coordinator
Public Works Department
555 Santa Clara Street
Vallejo, CA 94590

5. Accounting Records of Consultant. Consultant shall maintain for three (3) years after completion of all services hereunder, all records under this Agreement, including, but not limited to, records of Consultant’s direct salary costs for all Services and Additional Services performed under this Agreement and records of Consultant’s Reimbursable Expenses, in accordance with generally accepted accounting practices. Consultant shall keep such records available for audit, inspection and copying by representatives of the City’s Finance Department or other government agencies during regular business hours upon twenty-four (24) hours’ notice.

The obligations of Consultant under this section shall survive this Agreement.

6. Taxes. Consultant shall pay, when and as due, any and all taxes incurred DocuSign Envelope ID: 0551096E-EA8B-4852-AADA-A10695C20C38

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Consultant and Professional Services Agreement (Revised 01.2019) Page 3 of 4 Exhibit B - Compensation
as a result of Consultant’s compensation hereunder, including estimated taxes, and shall provide City with proof of such payments upon request.

7. Taxpayer Identification Number. Consultant shall provide City with Consultant’s complete Request for Taxpayer Identification Number and Certification, Form W-9, as issued by the Internal Revenue Service, and any other State or local tax identification number requested by City.

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Consultant and Professional Services Agreement (Revised 01.2019) Page 4 of 4 Exhibit B - Compensation
EXHIBIT B - ATTACHMENT 1
This three-year project will be billed at a total cost of $75,000, for an anticipated rate of $25,000 per year. Additional consulting services will be charged at the hourly billing rates shown in Table 1, below. Fees for work completed will be billed monthly at the first of each month, for the preceding month, and are due within 30 days of the invoice date.

Standard Hourly Rates:

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Consultant and Professional Services Agreement Page 1 of 3 Exhibit C – Insurance Requirements

EXHIBIT C

INSURANCE REQUIREMENTS
Consultant shall procure and maintain for the duration of this Agreement, including any extensions thereto, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of services hereunder by the Consultant, their agents, representatives, or employees or subcontractors.

1. Minimum Scope of Insurance. Coverage shall be at least as broad as:

A. Insurance Services Office form number GL 0002 covering Comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability; or Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001).

B. Insurance Services Office form number CA 0001 covering Automobile Liability, code 1 any auto and endorsement CA 0025.

C. Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance.

D. Professional Liability insurance appropriate to the Consultant’s profession (Errors and Omission).

2. Minimum Limits of Insurance. Consultant shall maintain limits no less than:

A. General Liability: $2,000,000 per occurrence for bodily injury, personal injury, and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.

B. Automobile Liability: $1,000,000 per accident for bodily injury and property damage.

C. Workers’ Compensation and Employer's Liability: $1,000,000 per accident for bodily injury or disease. If Consultant is not subject to California Workers’ Compensation requirements, Consultant shall file a completed certificate of exemption form which may be obtained from the City prior to commencing any activity authorized hereunder.

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Consultant and Professional Services Agreement Page 2 of 3 Exhibit C – Insurance Requirements
D. Professional Liability (Errors and Omission): $1,000,000 combined single limit per occurrence, and annual aggregate.

3. Deductible and Self-Insured Retention. Any deductibles or self-insured retention must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retention as respects the City of Vallejo, its officers, officials, employees and volunteers; or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses.

4. Other Insurance Provisions. The general liability and automobile liability policies, as can be provided, are to contain, or be endorsed to contain, the following provisions:

A. The City of Vallejo, its officers, officials, employees, agents and volunteers are to be covered as additional insureds as respects; liability, including defense costs, arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City of Vallejo, its officers, officials, employees, agents or volunteers. The insurance is to be issued by companies licensed to do business in the State of California.

B. For any claims related to this project, the Consultant's insurance coverage shall be primary insurance as respects the City of Vallejo, its officers, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the City of Vallejo, its officers, officials, employees, agents, or volunteers shall be excess of the Consultant's insurance and shall not contribute with it.

C. Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees, agents, or volunteers.

D. The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.

E. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City.

F. The workers’ compensation and employer’s liability policy required hereunder shall be endorsed to state that the workers' compensation carrier DocuSign Envelope ID: 0551096E-EA8B-4852-AADA-A10695C20C38

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Consultant and Professional Services Agreement Page 3 of 3 Exhibit C – Insurance Requirements
waives its right of subrogation against City, its officers, officials, employees, agents and volunteers, which might arise by reason of payment under such policy in connection with Consultant’s performance under this Agreement.

5. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII.

6. Verification of Coverage. Consultant shall furnish the City with certificates of insurance and original endorsements effecting general and automobile liability insurance coverage required by this clause. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All endorsements are to be received and approved by the City before work commences.

7. Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.

8. Payment Withhold. City will withhold payments to Consultant if the certificates of insurance and endorsements required in Paragraph F, above, are canceled or Consultant otherwise ceases to be insured as required herein.

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10/31/2023
Whitney Oaks Insurance Services Inc.
1221 Pleasant Grove Blvd., Ste. 180
Roseville, CA 95678
License #: 0F74432
Rachel Henley
(916)415-1930 (916)415-1931
[email protected]
00009456-552567 19
R3 Consulting Group Inc
1512 Eureka Rd Ste 220
Roseville, CA 95661
Sentinel Insurance Company, LTD 11000
A X Y 57SBAAT6312 11/27/2023 11/27/2024
X
X
2,000,000
1,000,000
10,000
2,000,000
4,000,000
4,000,000
Hartford Accident & Indemnity Insurane Co. 22357
B 57UECFM1071 11/27/2023 11/27/2024
X
X X
1,000,000
Sentinel Insurance Company, LTD 11000
A X X 57SBAAT6312 11/27/2023 11/27/2024 2,000,000
2,000,000
Hartford Casualty Insurance Company 29424
C 57WBCAU7Z0F 11/27/2023 11/27/2024
Y
X
1,000,000
1,000,000
1,000,000
Philadelphia Indemnity Insurance Company
D Professional Lia. PHSD1832607 12/15/2023 12/15/2024 Errors and Omission 2,000,000 Sentinel Insurance Company, LTD 11000
A Professional Lia. 57SBAAT6312 11/27/2023 11/27/2024 Aggregate 3,000,000 RE: Project--Solid Waste Consultant.

The City of Vallejo, its officers, officials, agents and volunteers are included as Additional Insured. Insurance is Primary and Non-Contributory.

City of Vallejo Attn: Risk Manager
555 Santa Clara Street
Vallejo, CA 94590
(RJS)
Printed by RJS on 10/31/2023 at 11:21AM
ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED?

INSR ADDL SUBR

LTR INSD WVD

DATE (MM/DD/YYYY)
PRODUCER CONTACT NAME: PHONE FAX
(A/C, No, Ext): (A/C, No): E-MAIL ADDRESS:

INSURER A :

INSURED INSURER B :

INSURER C :

INSURER D :

INSURER E :

INSURER F :

POLICY NUMBER

POLICY EFF POLICY EXP TYPE OF INSURANCE (MM/DD/YYYY) (MM/DD/YYYY) LIMITS

AUTOMOBILE LIABILITY

UMBRELLA LIAB

EXCESS LIAB WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)

AUTHORIZED REPRESENTATIVE
EACH OCCURRENCE $

DAMAGE TO RENTED
CLAIMS-MADE OCCUR PREMISES (Ea occurrence) $
MED EXP (Any one person) $
PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ PRO- POLICY JECT LOC PRODUCTS - COMP/OP AGG $
OTHER: $
COMBINED SINGLE LIMIT $
(Ea accident)
ANY AUTO BODILY INJURY (Per person) $
OWNED SCHEDULED BODILY INJURY (Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY (Per accident) $
OCCUR EACH OCCURRENCE $ CLAIMS-MADE AGGREGATE $
DED RETENTION $ $ PER OTH- STATUTE ER
E.L. EACH ACCIDENT $
E.L. DISEASE - EA EMPLOYEE $
If yes, describe under
DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ INSURER(S) AFFORDING COVERAGE NAIC #

COMMERCIAL GENERAL LIABILITY
Y / N
N / A
(Mandatory in NH)

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

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

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

CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.

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

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

IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.

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

COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:

CERTIFICATE HOLDER CANCELLATION
© 1988-2015 ACORD CORPORATION. All rights reserved.

ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD

CERTIFICATE OF LIABILITY INSURANCE
DocuSign Envelope ID: 0551096E-EA8B-4852-AADA-A10695C20C38

Page 582 of 826 ends

COMMERCIAL AUTOMOBILE
HA 99 16 03 12
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

COMMERCIAL AUTOMOBILE BROAD FORM

ENDORSEMENT
This endorsement modifies insurance provided under the following:

BUSINESS AUTO COVERAGE FORM
To the extent that the provisions of this endorsement provide broader benefits to the "insured" than other provisions of the Coverage Form, the provisions of this endorsement apply.

1. BROAD FORM INSURED
A. Subsidiaries and Newly Acquired or
Formed Organizations
The Named Insured shown in the
Declarations is amended to include:
(1) Any legal business entity other than a
partnership or joint venture, formed as a
subsidiary in which you have an
ownership interest of more than 50% on
the effective date of the Coverage Form.

However, the Named Insured does not
include any subsidiary that is an
"insured" under any other automobile
policy or would be an "insured" under
such a policy but for its termination or
the exhaustion of its Limit of Insurance.
(2) Any organization that is acquired or
formed by you and over which you
maintain majority ownership. However,
the Named Insured does not include any
newly formed or acquired organization:
(a) That is a partnership or joint
venture,
(b) That is an "insured" under any other
policy,
(c) That has exhausted its Limit of
Insurance under any other policy, or
(d) 180 days or more after its
acquisition or formation by you,
unless you have given us notice of
the acquisition or formation.

Coverage does not apply to "bodily
injury" or "property damage" that results
from an "accident" that occurred before
you formed or acquired the organization.

B. Employees as Insureds
Paragraph A.1. - WHO IS AN INSURED - of
SECTION II - LIABILITY COVERAGE is
amended to add:
d. Any "employee" of yours while using a
covered "auto" you don't own, hire or
borrow in your business or your
personal affairs.

C. Lessors as Insureds
Paragraph A.1. - WHO IS AN INSURED - of
Section II - Liability Coverage is amended to
add:
e. The lessor of a covered "auto" while the
"auto" is leased to you under a written
agreement if:
(1) The agreement requires you to
provide direct primary insurance for
the lessor and
(2) The "auto" is leased without a driver.

Such a leased "auto" will be considered a
covered "auto" you own and not a covered
"auto" you hire.

D. Additional Insured if Required by Contract
(1) Paragraph A.1. - WHO IS AN INSURED
- of Section II - Liability Coverage is
amended to add:
f. When you have agreed, in a written
contract or written agreement, that a
person or organization be added as
an additional insured on your
business auto policy, such person or
organization is an "insured", but only
to the extent such person or
organization is liable for "bodily
injury" or "property damage" caused
by the conduct of an "insured" under
paragraphs a. or b. of Who Is An
Insured with regard to the
ownership, maintenance or use of a
covered "auto.”
Form HA 99 16 03 12
©2011, The Hartford (Includes copyrighted material
of ISO Properties, Inc., with its permission.) Page 1 of 5 POLICY NUMBER: 57UECFM1071
DocuSign Envelope ID: 0551096E-EA8B-4852-AADA-A10695C20C38

Page 583 of 826 ends

The insurance afforded to any such
additional insured applies only if the
"bodily injury" or "property damage"
occurs:
(1) During the policy period, and
(2) Subsequent to the execution of such
written contract, and
(3) Prior to the expiration of the period
of time that the written contract
requires such insurance be provided
to the additional insured.
(2) How Limits Apply
If you have agreed in a written contract
or written agreement that another
person or organization be added as an
additional insured on your policy, the
most we will pay on behalf of such
additional insured is the lesser of:
(a) The limits of insurance specified in
the written contract or written
agreement; or
(b) The Limits of Insurance shown in
the Declarations.

Such amount shall be a part of and not
in addition to Limits of Insurance shown
in the Declarations and described in this
Section.
(3) Additional Insureds Other Insurance
If we cover a claim or "suit" under this
Coverage Part that may also be covered
by other insurance available to an
additional insured, such additional
insured must submit such claim or "suit"
to the other insurer for defense and
indemnity.

However, this provision does not apply
to the extent that you have agreed in a
written contract or written agreement
that this insurance is primary and non¬
contributory with the additional insured's
own insurance.
(4) Duties in The Event Of Accident, Claim,
Suit or Loss
If you have agreed in a written contract
or written agreement that another
person or organization be added as an
additional insured on your policy, the
additional insured shall be required to
comply with the provisions in LOSS
CONDITIONS 2. - DUTIES IN THE

EVENT OF ACCIDENT, CLAIM , SUIT

OR LOSS - OF SECTION IV -
BUSINESS AUTO CONDITIONS, in the
same manner as the Named Insured.

E. Primary and Non-Contributory if
Required by Contract
Only with respect to insurance provided to
an additional insured in 1.D. - Additional
Insured If Required by Contract, the
following provisions apply:
(3) Primary Insurance When Required By
Contract
This insurance is primary if you have
agreed in a written contract or written
agreement that this insurance be
primary. If other insurance is also
primary, we will share with all that other
insurance by the method described in
Other Insurance 5.d.
(4) Primary And Non-Contributory To Other
Insurance When Required By Contract
If you have agreed in a written contract
or written agreement that this insurance
is primary and non-contributory with the
additional insured's own insurance, this
insurance is primary and we will not
seek contribution from that other
insurance.

Paragraphs (3) and (4) do not apply to other
insurance to which the additional insured
has been added as an additional insured.

When this insurance is excess, we will have no
duty to defend the insured against any "suit" if
any other insurer has a duty to defend the
insured against that "suit". If no other insurer
defends, we will undertake to do so, but we will
be entitled to the insured's rights against all
those other insurers.

When this insurance is excess over other
insurance, we will pay only our share of the
amount of the loss, if any, that exceeds the sum
of:
(1) The total amount that all such other
insurance would pay for the loss in the
absence of this insurance; and
(2) The total of all deductible and self-insured
amounts under all that other insurance.

We will share the remaining loss, if any, by the
method described in Other Insurance 5.d.

2. AUTOS RENTED BY EMPLOYEES
Any "auto" hired or rented by your "employee"
on your behalf and at your direction will be
considered an "auto" you hire.

The OTHER INSURANCE Condition is amended
by adding the following:

Form HA 99 16 03 12
©2011, The Hartford (Includes copyrighted material
of ISO Properties, Inc., with its permission.) Page 2 of 5 DocuSign Envelope ID: 0551096E-EA8B-4852-AADA-A10695C20C38

Page 584 of 826 ends

If an "employee's" personal insurance also
applies on an excess basis to a covered "auto"
hired or rented by your "employee" on your
behalf and at your direction, this insurance will
be primary to the "employee's" personal
insurance.

3. AMENDED FELLOW EMPLOYEE EXCLUSION
EXCLUSION 5. - FELLOW EMPLOYEE - of
SECTION II - LIABILITY COVERAGE does not
apply if you have workers' compensation
insurance in-force covering all of your
"employees".

Coverage is excess over any other collectible
insurance.

4. HIRED AUTO PHYSICAL DAMAGE COVERAGE
If hired "autos" are covered "autos" for Liability
Coverage and if Comprehensive, Specified
Causes of Loss, or Collision coverages are
provided under this Coverage Form for any
"auto" you own, then the Physical Damage
Coverages provided are extended to "autos" you
hire or borrow, subject to the following limit.

The most we will pay for "loss" to any hired
"auto" is:
(1) $100,000;
(2) The actual cash value of the damaged or
stolen property at the time of the "loss"; or
(3) The cost of repairing or replacing the
damaged or stolen property,
whichever is smallest, minus a deductible. The
deductible will be equal to the largest deductible
applicable to any owned "auto" for that
coverage. No deductible applies to "loss" caused
by fire or lightning. Hired Auto Physical Damage
coverage is excess over any other collectible
insurance. Subject to the above limit, deductible
and excess provisions, we will provide coverage
equal to the broadest coverage applicable to any
covered "auto" you own.

We will also cover loss of use of the hired "auto"
if it results from an "accident", you are legally
liable and the lessor incurs an actual financial
loss, subject to a maximum of $1000 per
"accident".

This extension of coverage does not apply to
any "auto" you hire or borrow from any of your
"employees", partners (if you are a partnership),
members (if you are a limited liability company),
or members of their households.

5. PHYSICAL DAMAGE - ADDITIONAL

TEMPORARY TRANSPORTATION EXPENSE

COVERAGE
Paragraph A.4.a. of SECTION III - PHYSICAL
DAMAGE COVERAGE is amended to provide a
limit of $50 per day and a maximum limit of
$1,000.

6. LOAN/LEASE GAP COVERAGE
Under SECTION III - PHYSICAL DAMAGE
COVERAGE, in the event of a total "loss" to a
covered "auto", we will pay your additional legal
obligation for any difference between the actual
cash value of the "auto" at the time of the "loss"
and the "outstanding balance" of the loan/lease.
"Outstanding balance" means the amount you
owe on the loan/lease at the time of "loss" less
any amounts representing taxes; overdue
payments; penalties, interest or charges
resulting from overdue payments; additional
mileage charges; excess wear and tear charges;
lease termination fees; security deposits not
returned by the lessor; costs for extended
warranties, credit life Insurance, health, accident
or disability insurance purchased with the loan or
lease; and carry-over balances from previous
loans or leases.

7. AIRBAG COVERAGE
Under Paragraph B. EXCLUSIONS - of

SECTION III - PHYSICAL DAMAGE
COVERAGE, the following is added:

The exclusion relating to mechanical breakdown
does not apply to the accidental discharge of an
airbag.

8. ELECTRONIC EQUIPMENT - BROADENED

COVERAGE
a. The exceptions to Paragraphs B.4 -
EXCLUSIONS - of SECTION III - PHYSICAL
DAMAGE COVERAGE are replaced by the
following:

Exclusions 4.c. and 4.d. do not apply to
equipment designed to be operated solely
by use of the power from the "auto’s"
electrical system that, at the time of "loss",
is:
(1) Permanently installed in or upon
the covered "auto";
(2) Removable from a housing unit
which is permanently installed in
or upon the covered "auto";
(3) An integral part of the same unit
housing any electronic
equipment described in
Paragraphs (1) and (2) above; or
Form HA 99 16 03 12
©2011, The Hartford (Includes copyrighted material
of ISO Properties, Inc., with its permission.) Page 3 of 5 DocuSign Envelope ID: 0551096E-EA8B-4852-AADA-A10695C20C38

Page 585 of 826 ends

(4) Necessary for the normal
operation of the covered "auto” or
the monitoring of the covered
"auto's" operating system.
b.Section III - Version CA 00 01 03 10 of the
Business Auto Coverage Form, Physical
Damage Coverage, Limit of Insurance,
Paragraph C.2 and Version CA 00 01 10 01 of
the Business Auto Coverage Form, Physical
Damage Coverage, Limit of Insurance,
Paragraph C are each amended to add the
following:
$1,500 is the most we will pay for "loss" in
any one "accident" to all electronic
equipment (other than equipment designed
solely for the reproduction of sound, and
accessories used with such equipment)
that reproduces, receives or transmits
audio, visual or data signals which, at the
time of "loss", is:
(1) Permanently installed in or upon
the covered "auto" in a housing,
opening or other location that is not
normally used by the "auto"
manufacturer for the installation of
such equipment;
(2) Removable from a permanently
installed housing unit as described
in Paragraph 2.a. above or is an
integral part of that equipment; or
(3) An integral part of such equipment.
c.For each covered "auto", should loss be limited
to electronic equipment only, our obligation to
pay for, repair, return or replace damaged or
stolen electronic equipment will be reduced by
the applicable deductible shown in the
Declarations, or $250, whichever deductible is
less.

9. EXTRA EXPENSE - BROADENED

COVERAGE
Under Paragraph A. - COVERAGE - of SECTION
III - PHYSICAL DAMAGE COVERAGE, we will
pay for the expense of returning a stolen covered
"auto" to you.

10. GLASS REPAIR - WAIVER OF DEDUCTIBLE
Under Paragraph D. - DEDUCTIBLE - of SECTION
III - PHYSICAL DAMAGE COVERAGE, the
following is added:

No deductible applies to glass damage if the
glass is repaired rather than replaced.

11. TWO OR MORE DEDUCTIBLES
Under Paragraph D. - DEDUCTIBLE - of SECTION
III - PHYSICAL DAMAGE COVERAGE, the
following is added:

If another Hartford Financial Services Group,
Inc. company policy or coverage form that is not
an automobile policy or coverage form applies to
the same "accident", the following applies:
(1) If the deductible under this Business Auto
Coverage Form is the smaller (or smallest)
deductible, it will be waived;
(2) If the deductible under this Business Auto
Coverage Form is not the smaller (or
smallest) deductible, it will be reduced by
the amount of the smaller (or smallest)
deductible.

12. AMENDED DUTIES IN THE EVENT OF

ACCIDENT, CLAIM, SUIT OR LOSS
The requirement in LOSS CONDITIONS 2.a. -

DUTIES IN THE EVENT OF ACCIDENT,CLAIM,
SUIT OR LOSS - of SECTION IV - BUSINESS
AUTO CONDITIONS that you must notify us of
an "accident" applies only when the "accident" is
known to:
(1) You, if you are an individual;
(2) A partner, if you are a partnership;
(3) A member, if you are a limited liability
company; or
(4) An executive officer or insurance manager, if
you are a corporation.

13. UNINTENTIONAL FAILURE TO DISCLOSE

HAZARDS
If you unintentionally fail to disclose any hazards
existing at the inception date of your policy, we
will not deny coverage under this Coverage
Form because of such failure.

14. HIRED AUTO -COVERAGE TERRITORY
Paragraph e. of GENERAL CONDITIONS 7. -

POLICY PERIOD, COVERAGE TERRITORY -
of SECTION IV - BUSINESS AUTO
CONDITIONS is replaced by the following:
e. For short-term hired "autos", the coverage
territory with respect to Liability Coverage is
anywhere in the world provided that if the
"insured's" responsibility to pay damages for
"bodily injury" or "property damage" is
determined in a "suit," the "suit" is brought in
the United States of America, the territories
and possessions of the United States of
America, Puerto Rico or Canada or in a
settlement we agree to.

15. WAIVER OF SUBROGATION

TRANSFER OF RIGHTS OF RECOVERY
AGAINST OTHERS TO US - of SECTION IV -
BUSINESS AUTO CONDITIONS is amended by
adding the following:

Form HA 99 16 03 12
©2011, The Hartford (Includes copyrighted material
of ISO Properties, Inc., with its permission.) Page 4 of 5 DocuSign Envelope ID: 0551096E-EA8B-4852-AADA-A10695C20C38

Page 586 of 826 ends

We waive any right of recovery we may have
against any person or organization with whom
you have a written contract that requires such
waiver because of payments we make for
damages under this Coverage Form.

16. RESULTANT MENTAL ANGUISH COVERAGE
The definition of "bodily injury" in SECTION VDEFINITIONS is replaced by the following:
"Bodily injury" means bodily injury, sickness or
disease sustained by any person, including
mental anguish or death resulting from any of
these.

17. EXTENDED CANCELLATION CONDITION
Paragraph 2. of the COMMON POLICY
CONDITIONS - CANCELLATION - applies
except as follows:

If we cancel for any reason other than
nonpayment of premium, we will mail or deliver
to the first Named Insured written notice of
cancellation at least 60 days before the effective
date of cancellation.

18. HYBRID, ELECTRIC, OR NATURAL GAS

VEHICLE PAYMENT COVERAGE
In the event of a total loss to a "non-hybrid" auto
for which Comprehensive, Specified Causes of
Loss, or Collision coverages are provided under
this Coverage Form, then such Physical
Damage Coverages are amended as follows:
a.If the auto is replaced with a "hybrid" auto or
an auto powered solely by electricity or natural
gas, we will pay an additional 10%, to a
maximum of $2,500, of the "non-hybrid" auto's
actual cash value or replacement cost,
whichever is less,
b.The auto must be replaced and a copy of a bill
of sale or new lease agreement received by us
within 60 calendar days of the date of "loss,"
c.Regardless of the number of autos deemed a
total loss, the most we will pay under this
Hybrid, Electric, or Natural Gas Vehicle
Payment Coverage provision for any one
"loss" is $10,000.

For the purposes of the coverage provision,
a.A "non-hybrid" auto is defined as an auto that
uses only an internal combustion engine to
move the auto but does not include autos
powered solely by electricity or natural gas.
b.A "hybrid" auto is defined as an auto with an
internal combustion engine and one or more
electric motors; and that uses the internal
combustion engine and one or more electric
motors to move the auto, or the internal
combustion engine to charge one or more
electric motors, which move the auto.

19. VEHICLE WRAP COVERAGE
In the event of a total loss to an "auto” for which
Comprehensive, Specified Causes of Loss, or
Collision coverages are provided under this
Coverage Form, then such Physical Damage
Coverages are amended to add the following:

In addition to the actual cash value of the "auto",
we will pay up to $1,000 for vinyl vehicle wraps
which are displayed on the covered "auto" at the
time of total loss. Regardless of the number of
autos deemed a total loss, the most we will pay
under this Vehicle Wrap Coverage provision for
any one "loss" is $5,000. For purposes of this
coverage provision, signs or other graphics
painted or magnetically affixed to the vehicle are
not considered vehicle wraps.

Form HA 99 16 03 12
©2011, The Hartford (Includes copyrighted material
of ISO Properties, Inc., with its permission.) Page 5 of 5 DocuSign Envelope ID: 0551096E-EA8B-4852-AADA-A10695C20C38

Page 587 of 826 ends

POLICY NUMBER: 57SBAAT6312

QUICK REFERENCE

BUSINESS LIABILITY COVERAGE FORM

READ YOUR POLICY CAREFULLY
BUSINESS LIABILITY COVERAGE FORM Beginning on Page
A. COVERAGES 1
Business Liability 1
Medical Expenses 2
Coverage Extension - Supplementary Payments 2
B. EXCLUSIONS 3
C. WHO IS AN INSURED 10
D. LIABILITY AND MEDICAL EXPENSES
LIMITS OF INSURANCE 14
E. LIABILITY AND MEDICAL EXPENSES GENERAL CONDITIONS 15

1. Bankruptcy 15

2. Duties In The Event Of Occurrence, Offense, Claim Or Suit 15

3. Financial Responsibility Laws 16

4. Legal Action Against Us 16

5. Separation Of Insureds 16
6, Representations 16

7. Other Insurance 16

8. Transfer Of Rights Of Recovery Against Others To Us 17 F. OPTIONAL ADDITIONAL INSURED COVERAGES 18
Additional Insureds 18
G. LIABILITY AND MEDICAL EXPENSES DEFINITIONS 20
Form SS 00 08 04 05
DocuSign Envelope ID: 0551096E-EA8B-4852-AADA-A10695C20C38

Page 588 of 826 ends

BUSINESS LIABILITY COVERAGE FORM
Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights, duties and what is and is not covered.

Throughout this policy the words "you" and "your" refer to the Named Insured shown in the Declarations. The words "we", "us” and "our" refer to the stock insurance company member of The Hartford providing this insurance.

The word "insured" means any person or organization qualifying as such under Section C. - Who Is An Insured.

Other words and phrases that appear in quotation marks have special meaning. Refer to Section G. - Liability And Medical Expenses Definitions.

A. COVERAGES

1. BUSINESS LIABILITY COVERAGE (BODILY

INJURY, PROPERTY DAMAGE, PERSONAL

AND ADVERTISING INJURY)
Insuring Agreement
a. We will pay those sums that the insured
becomes legally obligated to pay as
damages because of "bodily injury",
"property damage" or "personal and
advertising injury" to which this insurance
applies. We will have the right and duty to
defend the insured against any "suit"
seeking those damages. However, we will
have no duty to defend the insured against
any "suit" seeking damages for "bodily
injury", "property damage" or "personal and
advertising injury" to which this insurance
does not apply.

We may, at our discretion, investigate any
"occurrence" or offense and settle any claim
or "suit” that may result. But:
(1) The amount we will pay for damages is
limited as described in Section D. -
Liability And Medical Expenses Limits
Of Insurance; and
(2) Our right and duty to defend ends when
we have used up the applicable limit of
insurance in the payment of judgments,
settlements or medical expenses to which
this insurance applies.

No other obligation or liability to pay sums or
perform acts or services is covered unless
explicitly provided for under Coverage
Extension - Supplementary Payments.
b. This insurance applies:
(1) To "bodily injury" and "property
damage" only if:
(a) The "bodily injury" or "property
damage" is caused by an
"occurrence" that takes place in the
"coverage territory";
(b) The "bodily injury" or "property
damage" occurs during the policy
period; and
(c) Prior to the policy period, no insured
listed under Paragraph 1. of Section
C. - Who Is An Insured and no
"employee" authorized by you to give
or receive notice of an "occurrence"
or claim, knew that the "bodily injury"
or "property damage" had occurred,
in whole or in part. If such a listed
insured or authorized "employee"
knew, prior to the policy period, that
the "bodily injury" or "property
damage" occurred, then any
continuation, change or resumption
of such "bodily injury" or "property
damage" during or after the policy
period will be deemed to have been
known prior to the policy period.
(2) To "personal and advertising injury"
caused by an offense arising out of your
business, but only if the offense was
committed in the "coverage territory”
during the policy period.
c. "Bodily injury" or "property damage" will be
deemed to have been known to have
occurred at the earliest time when any
insured listed under Paragraph 1. of Section
C. - Who Is An Insured or any "employee"
authorized by you to give or receive notice
of an "occurrence" or claim:
(1) Reports all, or any part, of the "bodily
injury” or "property damage" to us or
any other insurer;
Form SS 00 08 04 05
© 2005, The Hartford

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BUSINESS LIABILITY COVERAGE FORM
(2) Receives a written or verbal demand or
claim for damages because of the "bodily
injury" or "property damage"; or
(3) Becomes aware by any other means that
"bodily injury" or "property damage" has
occurred or has begun to occur.
d. Damages because of "bodily injury" include
damages claimed by any person or
organization for care, loss of services or
death resulting at any time from the "bodily
injury".
e. Incidental Medical Malpractice
(1) "Bodily injury" arising out of the
rendering of or failure to render
professional health care services as a
physician, dentist, nurse, emergency
medical technician or paramedic shall
be deemed to be caused by an
"occurrence", but only if:
(a) The physician, dentist, nurse,
emergency medical technician or
paramedic is employed by you to
provide such services; and
(b) You are not engaged in the
business or occupation of providing
such services.
(2) For the purpose of determining the
limits of insurance for incidental medical
malpractice, any act or omission
together with all related acts or
omissions in the furnishing of these
services to any one person will be
considered one "occurrence".

2. MEDICAL EXPENSES
insuring Agreement
a. We will pay medical expenses as described
below for "bodily injury" caused by an
accident:
(1) On premises you own or rent;
(2) On ways next to premises you own or
rent; or
(3) Because of your operations;
provided that:
(1) The accident takes place in the
"coverage territory" and during the
policy period;
(2) The expenses are incurred and reported
to us within three years of the date of
the accident; and
(3) The injured person submits to
examination, at our expense, by
physicians of our choice as often as we
reasonably require.

Page 2 of 24 ends

b. We will make these payments regardless of
fault. These payments will not exceed the
applicable limit of insurance. We will pay
reasonable expenses for:
(1) First aid administered at the time of an
accident;
(2) Necessary medical, surgical, x-ray and
dental services, including prosthetic
devices; and
(3) Necessary ambulance, hospital,
professional nursing and funeral
services.

3. COVERAGE EXTENSION -

SUPPLEMENTARY PAYMENTS
a. We will pay, with respect to any claim or
"suit" we investigate or settle, or any "suit"
against an insured we defend:
(1) All expenses we incur.
(2) Up to $1,000 for the cost of bail bonds
required because of accidents or traffic
law violations arising out of the use of
any vehicle to which Business Liability
Coverage for "bodily injury" applies. We
do not have to furnish these bonds.
(3) The cost of appeal bonds or bonds to
release attachments, but only for bond
amounts within the applicable limit of
insurance. We do not have to furnish
these bonds.
(4) All reasonable expenses incurred by the
insured at our request to assist us in the
investigation or defense of the claim or
"suit", including actual loss of earnings
up to $500 a day because of time off
from work.
(5) All costs taxed against the insured in
the "suit".
(6) Prejudgment interest awarded against
the insured on that part of the judgment
we pay. If we make an offer to pay the
applicable limit of insurance, we will not
pay any prejudgment interest based on
that period of time after the offer.
(7) All interest on the full amount of any
judgment that accrues after entry of the
judgment and before we have paid,
offered to pay, or deposited in court the
part of the judgment that is within the
applicable limit of insurance.

Any amounts paid under (1) through (7)
above will not reduce the limits of insurance.

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BUSINESS LIABILITY COVERAGE FORM
b. If we defend an insured against a "suit"
and an indemnitee of the insured is also
named as a party to the "suit", we will
defend that indemnitee if all of the
following conditions are met:
(1) The "suit" against the indemnitee
seeks damages for which the insured
has assumed the liability of the
indemnitee in a contract or agreement
that is an "insured contract";
(2) This insurance applies to such liability
assumed by the insured;
(3) The obligation to defend, or the cost of
the defense of, that indemnitee, has
also been assumed by the insured in
the same "insured contract";
(4) The allegations in the "suit" and the
information we know about the
"occurrence" are such that no conflict
appears to exist between the interests
of the insured and the interest of the
indemnitee;
(5) The indemnitee and the insured ask
us to conduct and control the defense
of that indemnitee against such "suit"
and agree that we can assign the
same counsel to defend the insured
and the indemnitee; and
(6) The indemnitee:
(a) Agrees in writing to:
(i) Cooperate with us in the
investigation, settlement or
defense of the "suit";
(ii) Immediately send us copies of
any demands, notices,
summonses or legal papers
received in connection with
the "suit";
(iii) Notify any other insurer whose
coverage is available to the
indemnitee; and
(iv) Cooperate with us with
respect to coordinating other
applicable insurance available
to the indemnitee; and
(b) Provides us with written
authorization to:
(i) Obtain records and other
information related to the
"suit"; and
(ii) Conduct and control the
defense of the indemnitee in
such "suit".

So long as the above conditions are met,
attorneys' fees incurred by us in the
defense of that indemnitee, necessary
litigation expenses incurred by us and
necessary litigation expenses incurred
by the indemnitee at our request will be
paid as Supplementary Payments.

Notwithstanding the provisions of
Paragraph 1.b.(b) of Section B. -
Exclusions, such payments will not be
deemed to be damages for "bodily
injury" and "property damage” and will
not reduce the Limits of Insurance.

Our obligation to defend an insured's
indemnitee and to pay for attorneys' fees
and necessary litigation expenses as
Supplementary Payments ends when:
(1) We have used up the applicable limit
of insurance in the payment of
judgments or settlements; or
(2) The conditions set forth above, or the
terms of the agreement described in
Paragraph (6) above, are no longer met.

B. EXCLUSIONS

1. Applicable To Business Liability Coverage
This insurance does not apply to:
a. Expected Or Intended Injury
(1) "Bodily injury" or "property damage"
expected or intended from the
standpoint of the insured. This
exclusion does not apply to "bodily
injury" or "property damage" resulting
from the use of reasonable force to
protect persons or property; or
(2) "Personal and advertising injury" arising
out of an offense committed by, at the
direction of or with the consent or
acquiescence of the insured with the
expectation of inflicting "personal and
advertising injury”.
b. Contractual Liability
(1) "Bodily injury" or "property damage"; or
(2) "Personal and advertising injury"
for which the insured is obligated to pay
damages by reason of the assumption of
liability in a contract or agreement.

This exclusion does not apply to liability
for damages because of:
(a) "Bodily injury", "property damage" or
"personal and advertising injury" that
the insured would have in the
absence of the contract or
agreement; or
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BUSINESS LIABILITY COVERAGE FORM
(b) "Bodily injury" or "property damage"
assumed in a contract or agreement
that is an "insured contract",
provided the "bodily injury" or
"property damage" occurs
subsequent to the execution of the
contract or agreement. Solely for
the purpose of liability assumed in
an "insured contract", reasonable
attorneys' fees and necessary
litigation expenses incurred by or for
a party other than an insured are
deemed to be damages because of
"bodily injury" or "property damage"
provided:
(i) Liability to such party for, or for
the cost of, that party's defense
has also been assumed in the
same "insured contract", and
(ii) Such attorneys' fees and
litigation expenses are for
defense of that party against a
civil or alternative dispute
resolution proceeding in which
damages to which this
insurance applies are alleged.
c. Liquor Liability
"Bodily injury" or "property damage" for
which any insured may be held liable by
reason of:
(1) Causing or contributing to the
intoxication of any person;
(2) The furnishing of alcoholic beverages to
a person under the legal drinking age or
under the influence of alcohol; or
(3) Any statute, ordinance or regulation
relating to the sale, gift, distribution or
use of alcoholic beverages.

This exclusion applies only if you are in the
business of manufacturing, distributing,
selling, serving or furnishing alcoholic
beverages.
d. Workers' Compensation And Similar
Laws
Any obligation of the insured under a
workers' compensation, disability benefits
or unemployment compensation law or
any similar law.
e. Employer's Liability
"Bodily injury" to:
(1) An "employee" of the insured arising
out of and in the course of:
(a) Employment by the insured; or
(b) Performing duties related to the
conduct of the insured's business, or
(2) The spouse, child, parent, brother or
sister of that "employee" as a
consequence of (1) above.

This exclusion applies:
(1) Whether the insured may be liable as
an employer or in any other capacity;
and
(2) To any obligation to share damages
with or repay someone else who must
pay damages because of the injury.

This exclusion does not apply to liability
assumed by the insured under an "insured
contract".
f. Pollution
(1) "Bodily injury", "property damage" or
"personal and advertising injury”
arising out of the actual, alleged or
threatened discharge, dispersal,
seepage, migration, release or escape
of "pollutants":
(a) At or from any premises, site or
location which is or was at any
time owned or occupied by, or
rented or loaned to any insured.

However, this subparagraph does
not apply to:
(i) "Bodily injury" if sustained within
a building and caused by
smoke, fumes, vapor or soot
produced by or originating from
equipment that is used to heat,
cool or dehumidify the building,
or equipment that is used to
heat water for personal use, by
the building's occupants or their
guests;
(ii) "Bodily injury" or "property
damage" for which you may be
held liable, if you are a
contractor and the owner or
lessee of such premises, site or
location has been added to your
policy as an additional insured
with respect to your ongoing
operations performed for that
additional insured at that
premises, site or location and
such premises, site or location
is not and never was owned or
occupied by, or rented or
loaned to, any insured, other
than that additional insured; or

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BUSINESS LIABILITY COVERAGE FORM
(iii) "Bodily injury" or "property
damage" arising out of heat,
smoke or fumes from a
"hostile fire";
(b) At or from any premises, site or
location which is or was at any
time used by or for any insured or
others for the handling, storage,
disposal, processing or treatment
of waste;
(c) Which are or were at any time
transported, handled, stored,
treated, disposed of, or processed
as waste by or for:
(i) Any insured; or
(ii) Any person or organization for
whom you may be legally
responsible;
(d) At or from any premises, site or
location on which any insured or
any contractors or subcontractors
working directly or indirectly on
any insured's behalf are
performing operations if the
"pollutants" are brought on or to
the premises, site or location in
connection with such operations
by such insured, contractor or
subcontractor. However, this
subparagraph does not apply to:
(i) "Bodily injury" or "property
damage" arising out of the
escape of fuels, lubricants or
other operating fluids which are
needed to perform the normal
electrical, hydraulic or
mechanical functions
necessary for the operation of
"mobile equipment" or its parts,
if such fuels, lubricants or other
operating fluids escape from a
vehicle part designed to hold,
store or receive them. This
exception does not apply if the
"bodily injury" or "property
damage" arises out of the
intentional discharge, dispersal
or release of the fuels,
lubricants or other operating
fluids, or if such fuels,
lubricants or other operating
fluids are brought on or to the
premises, site or location with
the intent that they be
discharged, dispersed or
released as part of the
operations being performed
by such insured, contractor or
subcontractor;
(ii) "Bodily injury" or "property
damage" sustained within a
building and caused by the
release of gases, fumes or
vapors from materials brought
into that building in connection
with operations being performed
by you or on your behalf by a
contractor or subcontractor; or
(iii) "Bodily injury" or "property
damage" arising out of heat,
smoke or fumes from a
"hostile fire"; or
(e) At or from any premises, site or
location on which any insured or any
contractors or subcontractors
working directly or indirectly on any
insured's behalf are performing
operations if the operations are to
test for, monitor, clean up, remove,
contain, treat, detoxify or neutralize,
or in any way respond to, or assess
the effects of, "pollutants".
(2) Any loss, cost or expense arising out
of any:
(a) Request, demand, order or statutory
or regulatory requirement that any
insured or others test for, monitor,
clean up, remove, contain, treat,
detoxify or neutralize, or in any way
respond to, or assess the effects of,
"pollutants"; or
(b) Claim or suit by or on behalf of a
governmental authority for
damages because of testing for,
monitoring, cleaning up, removing,
containing, treating, detoxifying or
neutralizing, or in any way
responding to, or assessing the
effects of, "pollutants".

However, this paragraph does not
apply to liability for damages because
of "property damage" that the insured
would have in the absence of such
request, demand, order or statutory or
regulatory requirement, or such claim
or "suit" by or on behalf of a
governmental authority.

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BUSINESS LIABILITY COVERAGE FORM
g. Aircraft, Auto Or Watercraft
"Bodily injury" or "property damage" arising
out of the ownership, maintenance, use or
entrustment to others of any aircraft, "auto"
or watercraft owned or operated by or rented
or loaned to any insured. Use includes
operation and "loading or unloading".

This exclusion applies even if the claims
against any insured allege negligence or
other wrongdoing in the supervision, hiring,
employment, training or monitoring of others
by that insured, if the "occurrence" which
caused the "bodily injury" or "property
damage" involved the ownership,
maintenance, use or entrustment to others of
any aircraft, "auto" or watercraft that is
owned or operated by or rented or loaned to
any insured.

This exclusion does not apply to:
(1) A watercraft while ashore on premises
you own or rent;
(2) A watercraft you do not own that is:
(a) Less than 51 feet long; and
(b) Not being used to carry persons
for a charge;
(3) Parking an "auto" on, or on the ways
next to, premises you own or rent,
provided the "auto" is not owned by or
rented or loaned to you or the insured;
(4) Liability assumed under any "insured
contract" for the ownership,
maintenance or use of aircraft or
watercraft;
(5) "Bodily injury" or "property damage"
arising out of the operation of any of
the equipment listed in Paragraph f.(2)
or f.(3) of the definition of "mobile
equipment"; or
(6) An aircraft that is not owned by any
insured and is hired, chartered or loaned
with a paid crew. However, this
exception does not apply if the insured
has any other insurance for such "bodily
injury" or "property damage", whether
the other insurance is primary, excess,
contingent or on any other basis.
h. Mobile Equipment
"Bodily injury" or "property damage"
arising out of:
(1) The transportation of "mobile equipment"
by an "auto" owned or operated by or
rented or loaned to any insured; or
(2) The use of "mobile equipment" in, or
while in practice or preparation for, a
prearranged racing, speed or
demolition contest or in any stunting
activity.
i. War
"Bodily injury", "property damage" or
"personal and advertising injury", however
caused, arising, directly or indirectly, out of:
(1) War, including undeclared or civil war;
(2) Warlike action by a military force,
including action in hindering or
defending against an actual or
expected attack, by any government,
sovereign or other authority using
military personnel or other agents; or
(3) Insurrection, rebellion, revolution,
usurped power, or action taken by
governmental authority in hindering or
defending against any of these.
j. Professional Services
"Bodily injury", "property damage" or
"personal and advertising injury” arising
out of the rendering of or failure to render
any professional service. This includes
but is not limited to:
(1) Legal, accounting or advertising
services;
(2) Preparing, approving, or failing to
prepare or approve maps, shop
drawings, opinions, reports, surveys,
field orders, change orders, designs or
drawings and specifications;
(3) Supervisory, inspection, architectural
or engineering activities;
(4) Medical, surgical, dental, x-ray or
nursing services treatment, advice or
instruction;
(5) Any health or therapeutic service
treatment, advice or instruction;
(6) Any service, treatment, advice or
instruction for the purpose of
appearance or skin enhancement, hair
removal or replacement or personal
grooming;
(7) Optical or hearing aid services
including the prescribing, preparation,
fitting, demonstration or distribution of
ophthalmic lenses and similar
products or hearing aid devices;

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BUSINESS LIABILITY COVERAGE FORM
(8) Optometry or optometric services
including but not limited to examination
of the eyes and the prescribing,
preparation, fitting,demonstration or
distribution of ophthalmic lenses and
similar products;
(9) Any:
(a) Body piercing (not including ear
piercing);
(b) Tattooing, including but not limited
to the insertion of pigments into or
under the skin; and
(c) Similar services;
(10) Services in the practice of pharmacy;
and
(11) Computer consulting, design or
programming services, including web
site design.

Paragraphs (4) and (5) of this exclusion do
not apply to the Incidental Medical
Malpractice coverage afforded under
Paragraph 1,e. in Section A. - Coverages.
k. Damage To Property
"Property damage" to:
(1) Property you own, rent or occupy,
including any costs or expenses
incurred by you, or any other person,
organization or entity, for repair,
replacement, enhancement,
restoration or maintenance of such
property for any reason, including
prevention of injury to a person or
damage to another's property;
(2) Premises you sell, give away or
abandon, if the "property damage" arises
out of any part of those premises;
(3) Property loaned to you;
(4) Personal property in the care, custody
or control of the insured;
(5) That particular part of real property on
which you or any contractors or
subcontractors working directly or
indirectly on your behalf are performing
operations, if the "property damage"
arises out of those operations; or
(6) That particular part of any property
that must be restored, repaired or
replaced because "your work" was
incorrectly performed on it.

Paragraphs (1), (3) and (4) of this
exclusion do not apply to "property
damage" (other than damage by fire) to
premises, including the contents of such
premises, rented to you for a period of 7 or
fewer consecutive days. A separate Limit
of Insurance applies to Damage To
Premises Rented To You as described in
Section D. - Limits Of Insurance.

Paragraph (2) of this exclusion does not
apply if the premises are "your work" and
were never occupied, rented or held for
rental by you.

Paragraphs (3) and (4) of this exclusion do
not apply to the use of elevators.

Paragraphs (3), (4), (5) and (6) of this
exclusion do not apply to liability assumed
under a sidetrack agreement.

Paragraphs (3) and (4) of this exclusion do
not apply to "property damage" to
borrowed equipment while not being used
to perform operations at a job site.

Paragraph (6) of this exclusion does not
apply to "property damage" included in the
"products-completed operations hazard".

I. Damage To Your Product
"Property damage" to "your product"
arising out of it or any part of it.
m. Damage To Your Work
"Property damage" to "your work" arising
out of it or any part of it and included in the
"products-completed operations hazard".

This exclusion does not apply if the
damaged work or the work out of which
the damage arises was performed on your
behalf by a subcontractor.
n. Damage To Impaired Property Or
Property Not Physically Injured
"Property damage” to "impaired property"
or property that has not been physically
injured, arising out of:
(1) A defect, deficiency, inadequacy or
dangerous condition in "your product"
or "your work”; or
(2) A delay or failure by you or anyone
acting on your behalf to perform a
contract or agreement in accordance
with its terms.

This exclusion does not apply to the loss
of use of other property arising out of
sudden and accidental physical injury to
"your product" or "your work" after it has
been put to its intended use.

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BUSINESS LIABILITY COVERAGE FORM
o. Recall Of Products, Work Or Impaired
Property
Damages claimed for any loss, cost or
expense incurred by you or others for the
loss of use, withdrawal, recall, inspection,
repair, replacement, adjustment, removal
or disposal of:
(1) "Your product";
(2) "Your work"; or
(3) "Impaired property";
if such product, work or property is
withdrawn or recalled from the market or
from use by any person or organization
because of a known or suspected defect,
deficiency, inadequacy or dangerous
condition in it.
p. Personal And Advertising Injury
"Personal and advertising injury":
(1) Arising out of oral, written or electronic
publication of material, if done by or at
the direction of the insured with
knowledge of its falsity;
(2) Arising out of oral, written or electronic
publication of material whose first
publication took place before the
beginning of the policy period;
(3) Arising out of a criminal act committed
by or at the direction of the insured;
(4) Arising out of any breach of contract,
except an implied contract to use
another's "advertising idea" in your
"advertisement";
(5) Arising out of the failure of goods,
products or services to conform with
any statement of quality or
performance made in your
"advertisement";
(6) Arising out of the wrong description of
the price of goods, products or services;
(7) Arising out of any violation of any
intellectual property rights such as
copyright, patent, trademark, trade
name, trade secret, service mark or
other designation of origin or
authenticity.

However, this exclusion does not
apply to infringement, in your
"advertisement”, of
(a) Copyright;
(b) Slogan, unless the slogan is also
a trademark, trade name, service
mark or other designation of origin
or authenticity; or
(c) Title of any literary or artistic work;
(8) Arising out of an offense committed by
an insured whose business is:
(a) Advertising, broadcasting,
publishing or telecasting;
(b) Designing or determining content
of web sites for others; or
(c) An Internet search, access,
content or service provider.

However, this exclusion does not
apply to Paragraphs a., b. and c.
under the definition of "personal and
advertising injury" in Section G. -
Liability And Medical Expenses
Definitions.

For the purposes of this exclusion,
placing an "advertisement" for or
linking to others on your web site, by
itself, is not considered the business
of advertising, broadcasting,
publishing or telecasting;
(9) Arising out of an electronic chat room
or bulletin board the insured hosts,
owns, or over which the insured
exercises control;
(10) Arising out of the unauthorized use of
another's name or product in your e-mail
address, domain name or metatags, or
any other similar tactics to mislead
another's potential customers;
(11) Arising out of the violation of a
person's right of privacy created by
any state or federal act.

However, this exclusion does not
apply to liability for damages that the
insured would have in the absence of
such state or federal act;
(12) Arising out of:
(a) An "advertisement" for others on
your web site;
(b) Placing a link to a web site of
others on your web site;
(c) Content from a web site of others
displayed within a frame or border
on your web site. Content includes
information, code, sounds, text,
graphics or images; or
(d) Computer code, software or
programming used to enable:
(i) Your web site; or
(ii) The presentation or functionality
of an "advertisement" or other
content on your web site;

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BUSINESS LIABILITY COVERAGE FORM
(13) Arising out of a violation of any anti¬
trust law;
(14) Arising out of the fluctuation in price or
value of any stocks, bonds or other
securities; or
(15) Arising out of discrimination or
humiliation committed by or at the
direction of any "executive officer",
director, stockholder, partner or
member of the insured.
q. Electronic Data
Damages arising out of the loss of, loss of
use of, damage to, corruption of, inability
to access, or inability to manipulate
"electronic data".
r. Employment-Related Practices
"Bodily injury" or "personal and advertising
injury" to:
(1) A person arising out of any:
(a) Refusal to employ that person;
(b) Termination of that person's
employment; or
(c) Employment-related practices,
policies, acts or omissions, such as
coercion, demotion, evaluation,
reassignment, discipline,
defamation, harassment, humiliation
or discrimination directed at that
person; or
(2) The spouse, child, parent, brother or
sister of that person as a
consequence of "bodily injury" or
"personal and advertising injury" to the
person at whom any of the
employment-related practices
described in Paragraphs (a), (b), or (c)
above is directed.

This exclusion applies:
(1) Whether the insured may be liable as
an employer or in any other capacity;
and
(2) To any obligation to share damages
with or repay someone else who must
pay damages because of the injury.
s. Asbestos
(1) "Bodily injury", "property damage" or
"personal and advertising injury"
arising out of the "asbestos hazard”.
(2) Any damages, judgments, settlements,
loss, costs or expenses that:
(a) May be awarded or incurred by
reason of any claim or suit
alleging actual or threatened injury
or damage of any nature or kind to
persons or property which would
not have occurred in whole or in
part but for the "asbestos hazard";
(b) Arise out of any request, demand,
order or statutory or regulatory
requirement that any insured or
others test for, monitor, clean up,
remove, encapsulate, contain,
treat, detoxify or neutralize or in
any way respond to or assess the
effects of an "asbestos hazard"; or
(c) Arise out of any claim or suit for
damages because of testing for,
monitoring, cleaning up, removing,
encapsulating, containing, treating,
detoxifying or neutralizing or in any
way responding to or assessing the
effects of an "asbestos hazard".
t. Violation Of Statutes That Govern EMails, Fax, Phone Calls Or Other Methods Of Sending Material Or
Information
"Bodily injury", "property damage”, or
"personal and advertising injury" arising
directly or indirectly out of any action or
omission that violates or is alleged to
violate:
(1) The Telephone Consumer Protection
Act (TCPA), including any amendment
of or addition to such law;
(2) The CAN-SPAM Act of 2003, including
any amendment of or addition to such
law; or
(3) Any statute, ordinance or regulation,
other than the TCPA or CAN-SPAM Act
of 2003, that prohibits or limits the
sending, transmitting, communicating or
distribution of material or information.

Damage To Premises Rented To You -
Exception For Damage By Fire, Lightning
or Explosion
Exclusions c. through h. and k. through o. do
not apply to damage by fire, lightning or
explosion to premises rented to you or
temporarily occupied by you with permission of
the owner. A separate Limit of Insurance
applies to this coverage as described in
Section D. - Liability And Medical Expenses
Limits Of Insurance.

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BUSINESS LIABILITY COVERAGE FORM

2. Applicable To Medical Expenses Coverage
We will not pay expenses for "bodily injury":
a. Any Insured
To any insured, except "volunteer workers".
b. Hired Person
To a person hired to do work for or on behalf
of any insured or a tenant of any insured.
c. Injury On Normally Occupied Premises
To a person injured on that part of
premises you own or rent that the person
normally occupies.
d. Workers' Compensation And Similar
Laws
To a person, whether or not an
"employee" of any insured, if benefits for
the "bodily injury" are payable or must be
provided under a workers’ compensation
or disability benefits law or a similar law.
e. Athletics Activities
To a person injured while practicing,
instructing or participating in any physical
exercises or games, sports or athletic
contests.
f. Products-Completed Operations Hazard
Included with the "products-completed
operations hazard".
g. Business Liability Exclusions
Excluded under Business Liability Coverage.

C. WHO IS AN INSURED

1. If you are designated in the Declarations as:
a. An individual, you and your spouse are
insureds, but only with respect to the
conduct of a business of which you are the
sole owner.
b. A partnership or joint venture, you are an
insured. Your members, your partners, and
their spouses are also insureds, but only with
respect to the conduct of your business.
c. A limited liability company, you are an
insured. Your members are also insureds,
but only with respect to the conduct of your
business. Your managers are insureds, but
only with respect to their duties as your
managers.
d. An organization other than a partnership,
joint venture or limited liability company, you
are an insured. Your "executive officers" and
directors are insureds, but only with respect
to their duties as your officers or directors.

Your stockholders are also insureds, but only
with respect to their liability as stockholders.
e. A trust, you are an insured. Your trustees
are also insureds, but only with respect to
their duties as trustees.

2. Each of the following is also an insured:
a. Employees And Volunteer Workers
Your "volunteer workers" only while
performing duties related to the conduct of
your business, or your "employees", other
than either your "executive officers” (if you
are an organization other than a
partnershipjoint venture or limited liability
company) or your managers (if you are a
limited liability company), but only for acts
within the scope of their employment by
you or while performing duties related to
the conduct of your business.

However, none of these "employees" or
"volunteer workers" are insureds for:
(1) "Bodily injury" or "personal and
advertising injury”:
(a) To you, to your partners or
members (if you are a partnership
or joint venture), to your members
(if you are a limited liability
company), or to a co-"employee"
while in the course of his or her
employment or performing duties
related to the conduct of your
business, or to your other
"volunteer workers" while
performing duties related to the
conduct of your business:
(b) To the spouse, child, parent,
brother or sister of that co-
"employee" or that "volunteer
worker" as a consequence of
Paragraph (1)(a) above;
(c) For which there is any obligation
to share damages with or repay
someone else who must pay
damages because of the injury
described in Paragraphs (1)(a) or
(b) above; or
(d) Arising out of his or her providing
or failing to provide professional
health care services.

If you are not in the business of
providing professional health care
services, Paragraph (d) does not apply
to any nurse, emergency medical
technician or paramedic employed by
you to provide such services.
(2) "Property damage" to property:
(a) Owned, occupied or used by,

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BUSINESS LIABILITY COVERAGE FORM
(b) Rented to, in the care, custody or
control of, or over which physical
control is being exercised for any
purpose by you, any of your
"employees", "volunteer workers",
any partner or member (if you are
a partnership or joint venture), or
any member (if you are a limited
liability company).
b. Real Estate Manager
Any person (other than your "employee" or
"volunteer worker”), or any organization
while acting as your real estate manager.
c. Temporary Custodians Of Your
Property
Any person or organization having proper
temporary custody of your property if you
die, but only:
(1) With respect to liability arising out of the
maintenance or use of that property; and
(2) Until your legal representative has
been appointed.
d. Legal Representative If You Die
Your legal representative if you die, but
only with respect to duties as such. That
representative will have all your rights and
duties under this insurance.
e. Unnamed Subsidiary
Any subsidiary and subsidiary thereof, of
yours which is a legally incorporated entity
of which you own a financial interest of
more than 50% of the voting stock on the
effective date of this Coverage Part.

The insurance afforded herein for any
subsidiary not shown in the Declarations
as a named insured does not apply to
injury or damage with respect to which an
insured under this insurance is also an
insured under another policy or would be
an insured under such policy but for its
termination or upon the exhaustion of its
limits of insurance.

3. Newly Acquired Or Formed Organization
Any organization you newly acquire or form,
other than a partnership, joint venture or
limited liability company, and over which you
maintain financial interest of more than 50% of
the voting stock, will qualify as a Named
Insured if there is no other similar insurance
available to that organization. However:
a. Coverage under this provision is afforded
only until the 180th day after you acquire
or form the organization or the end of the
policy period, whichever is earlier; and
b. Coverage under this provision does not
apply to:
(1) "Bodily injury" or "property damage"
that occurred; or
(2) "Personal and advertising injury"
arising out of an offense committed
before you acquired or formed the
organization.

4. Operator Of Mobile Equipment
With respect to "mobile equipment" registered in
your name under any motor vehicle registration
law, any person is an insured while driving such
equipment along a public highway with your
permission. Any other person or organization
responsible for the conduct of such person is
also an insured, but only with respect to liability
arising out of the operation of the equipment, and
only if no other insurance of any kind is available
to that person or organization for this liability.

However, no person or organization is an insured
with respect to:
a. "Bodily injury" to a co-"employee" of the
person driving the equipment; or
b. "Property damage" to property owned by,
rented to, in the charge of or occupied by
you or the employer of any person who is
an insured under this provision.

5. Operator of Nonowned Watercraft
With respect to watercraft you do not own that
is less than 51 feet long and is not being used
to carry persons for a charge, any person is an
insured while operating such watercraft with
your permission. Any other person or
organization responsible for the conduct of
such person is also an insured, but only with
respect to liability arising out of the operation
of the watercraft, and only if no other
insurance of any kind is available to that
person or organization for this liability.

However, no person or organization is an
insured with respect to:
a. "Bodily injury" to a co-"employee" of the
person operating the watercraft; or
b. "Property damage" to property owned by,
rented to, in the charge of or occupied by
you or the employer of any person who is
an insured under this provision.

6. Additional Insureds When Required By
Written Contract, Written Agreement Or
Permit
The person(s) or organization(s) identified in
Paragraphs a. through f. below are additional
insureds when you have agreed, in a written
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BUSINESS LIABILITY COVERAGE FORM
contract, written agreement or because of a
permit issued by a state or political
subdivision, that such person or organization
be added as an additional insured on your
policy, provided the injury or damage occurs
subsequent to the execution of the contract or
agreement, or the issuance of the permit.

A person or organization is an additional
insured under this provision only for that
period of time required by the contract,
agreement or permit.

However, no such person or organization is an
additional insured under this provision if such
person or organization is included as an
additional insured by an endorsement issued
by us and made a part of this Coverage Part,
including all persons or organizations added
as additional insureds under the specific
additional insured coverage grants in Section
F.-Optional Additional Insured Coverages.
a. Vendors
Any person(s) or organization(s) (referred to
below as vendor), but only with respect to
"bodily injury" or "property damage" arising
out of "your products" which are distributed
or sold in the regular course of the vendor's
business and only if this Coverage Part
provides coverage for "bodily injury" or
"property damage" included within the
"products-completed operations hazard".
(1) The insurance afforded to the vendor
is subject to the following additional
exclusions:

This insurance does not apply to:
(a) "Bodily injury" or "property
damage" for which the vendor is
obligated to pay damages by
reason of the assumption of
liability in a contract or agreement.

This exclusion does not apply to
liability for damages that the
vendor would have in the absence
of the contract or agreement;
(b) Any express warranty
unauthorized by you;
(c) Any physical or chemical change
in the product made intentionally
by the vendor;
(d) Repackaging, except when
unpacked solely for the purpose of
inspection, demonstration, testing,
or the substitution of parts under
instructions from the manufacturer,
and then repackaged in the
original container;
(e) Any failure to make such
inspections, adjustments, tests or
servicing as the vendor has
agreed to make or normally
undertakes to make in the usual
course of business, in connection
with the distribution or sale of the
products;
(f) Demonstration, installation,
servicing or repair operations,
except such operations performed
at the vendor's premises in
connection with the sale of the
product;
(g) Products which, after distribution
or sale by you, have been labeled
or relabeled or used as a
container, part or ingredient of any
other thing or substance by or for
the vendor; or
(h) "Bodily injury" or "property
damage" arising out of the sole
negligence of the vendor for its
own acts or omissions or those of
its employees or anyone else
acting on its behalf. However, this
exclusion does not apply to:
(i) The exceptions contained in
Subparagraphs (d) or (f); or
(ii) Such inspections, adjustments,
tests or servicing as the vendor
has agreed to make or normally
undertakes to make in the usual
course of business, in
connection with the distribution
or sale of the products.
(2) This insurance does not apply to any
insured person or organization from
whom you have acquired such products,
or any ingredient, part or container,
entering into, accompanying or
containing such products.
b. Lessors Of Equipment
(1) Any person or organization from
whom you lease equipment; but only
with respect to their liability for "bodily
injury", "property damage" or
"personal and advertising injury"
caused, in whole or in part, by your
maintenance, operation or use of
equipment leased to you by such
person or organization.

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BUSINESS LIABILITY COVERAGE FORM
(2) With respect to the insurance afforded
to these additional insureds, this
insurance does not apply to any
"occurrence" which takes place after
you cease to lease that equipment.
c. Lessors Of Land Or Premises
(1) Any person or organization from
whom you lease land or premises, but
only with respect to liability arising out
of the ownership, maintenance or use
of that part of the land or premises
leased to you.
(2) With respect to the insurance afforded
to these additional insureds, this
insurance does not apply to:
(a) Any "occurrence" which takes
place after you cease to lease that
land or be a tenant in that
premises; or
(b) Structural alterations, new
construction or demolition
operations performed by or on
behalf of such person or
organization.
d. Architects, Engineers Or Surveyors
(1) Any architect, engineer, or surveyor, but
only with respect to liability for "bodily
injury", "property damage" or "personal
and advertising injury" caused, in whole
or in part, by your acts or omissions or
the acts or omissions of those acting on
your behalf:
(a) In connection with your premises;
or
(b) In the performance of your
ongoing operations performed by
you or on your behalf.
(2) With respect to the insurance afforded
to these additional insureds, the
following additional exclusion applies:

This insurance does not apply to
"bodily injury", "property damage" or
"personal and advertising injury"
arising out of the rendering of or the
failure to render any professional
services by or for you, including:
(a) The preparing, approving, or
failure to prepare or approve,
maps, shop drawings, opinions,
reports, surveys, field orders,
change orders, designs or
drawings and specifications; or
(b) Supervisory, inspection,
architectural or engineering
activities.
e. Permits Issued By State Or Political
Subdivisions
(1) Any state or political subdivision, but
only with respect to operations
performed by you or on your behalf for
which the state or political subdivision
has issued a permit.
(2) With respect to the insurance afforded
to these additional insureds, this
insurance does not apply to:
(a) "Bodily injury", "property damage"
or "personal and advertising
injury" arising out of operations
performed for the state or
municipality; or
(b) "Bodily injury" or "property damage"
included within the "productscompleted operations hazard". f. Any Other Party
(1) Any other person or organization who
is not an insured under Paragraphs a.
through e. above, but only with
respect to liability for "bodily injury",
"property damage” or "personal and
advertising injury" caused, in whole or
in part, by your acts or omissions or
the acts or omissions of those acting
on your behalf:
(a) In the performance of your
ongoing operations;
(b) In connection with your premises
owned by or rented to you; or
(c) In connection with "your work" and
included within the "productscompleted operations hazard", but only if
(i) The written contract or written
agreement requires you to
provide such coverage to
such additional insured; and
(ii) This Coverage Part provides
coverage for "bodily injury" or
"property damage" included
within the "productscompleted operations hazard".
(2) With respect to the insurance afforded
to these additional insureds, this
insurance does not apply to:
"Bodily injury", "property damage" or
"personal and advertising injury"
arising out of the rendering of, or the
failure to render, any professional
architectural, engineering or surveying
services, including:

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BUSINESS LIABILITY COVERAGE FORM
(a) The preparing, approving, or
failure to prepare or approve,
maps, shop drawings, opinions,
reports, surveys, field orders,
change orders, designs or
drawings and specifications; or
(b) Supervisory, inspection,
architectural or engineering
activities.

The limits of insurance that apply to additional
insureds are described in Section D. - Limits
Of Insurance.

How this insurance applies when other
insurance is available to an additional insured
is described in the Other Insurance Condition
in Section E. - Liability And Medical Expenses
General Conditions.

No person or organization is an insured with
respect to the conduct of any current or past
partnership, joint venture or limited liability
company that is not shown as a Named Insured in
the Declarations.

D. LIABILITY AND MEDICAL EXPENSES

LIMITS OF INSURANCE

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

2. Aggregate Limits
The most we will pay for:
a. Damages because of "bodily injury" and
"property damage" included in the
"products-completed operations hazard" is
the Products-Completed Operations
Aggregate Limit shown in the
Declarations.
b. Damages because of all other "bodily
injury", "property damage" or "personal
and advertising injury", including medical
expenses, is the General Aggregate Limit
shown in the Declarations.

This General Aggregate Limit applies
separately to each of your "locations"
owned by or rented to you.
"Location" means premises involving the
same or connecting lots, or premises
whose connection is interrupted only by a
street, roadway or right-of-way of a
railroad.

This General Aggregate limit does not
apply to "property damage" to premises
while rented to you or temporarily
occupied by you with permission of the
owner, arising out of fire, lightning or
explosion.

3. Each Occurrence Limit
Subject to 2.a. or 2.b above, whichever
applies, the most we will pay for the sum of all
damages because of all "bodily injury",
"property damage" and medical expenses
arising out of any one "occurrence" is the
Liability and Medical Expenses Limit shown in
the Declarations.

The most we will pay for all medical expenses
because of "bodily injury" sustained by any
one person is the Medical Expenses Limit
shown in the Declarations.

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

5. Damage To Premises Rented To You Limit
The Damage To Premises Rented To You
Limit is the most we will pay under Business
Liability Coverage for damages because of
"property damage" to any one premises, while
rented to you, or in the case of damage by fire,
lightning or explosion, while rented to you or
temporarily occupied by you with permission of
the owner.

In the case of damage by fire, lightning or
explosion, the Damage to Premises Rented To
You Limit applies to all damage proximately
caused by the same event, whether such
damage results from fire, lightning or explosion
or any combination of these.

6. How Limits Apply To Additional Insureds
The most we will pay on behalf of a person or
organization who is an additional insured
under this Coverage Part is the lesser of:
a. The limits of insurance specified in a
written contract, written agreement or
permit issued by a state or political
subdivision; or
b. The Limits of Insurance shown in the
Declarations.

Such amount shall be a part of and not in
addition to the Limits of Insurance shown in
the Declarations and described in this Section.

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BUSINESS LIABILITY COVERAGE FORM
If more than one limit of insurance under this
policy and any endorsements attached thereto
applies to any claim or "suit", the most we will pay
under this policy and the endorsements is the
single highest limit of liability of all coverages
applicable to such claim or "suit". However, this
paragraph does not apply to the Medical Expenses
limit set forth in Paragraph 3. above.

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

E. LIABILITY AND MEDICAL EXPENSES

GENERAL CONDITIONS

1. Bankruptcy
Bankruptcy or insolvency of the insured or of
the insured's estate will not relieve us of our
obligations under this Coverage Part.

2. Duties In The Event Of Occurrence,
Offense, Claim Or Suit
a. Notice Of Occurrence Or Offense
You or any additional insured must see to
it that we are notified as soon as
practicable of an "occurrence" or an
offense which may result in a claim. To
the extent possible, notice should include:
(1) How, when and where the "occurrence”
or offense took place;
(2) The names and addresses of any
injured persons and witnesses; and
(3) The nature and location of any injury
or damage arising out of the
"occurrence" or offense.
b. Notice Of Claim
If a claim is made or "suit" is brought
against any insured, you or any additional
insured must:
(1) Immediately record the specifics of the
claim or "suit" and the date received;
and
(2) Notify us as soon as practicable.

You or any additional insured must see to
it that we receive a written notice of the
claim or "suit" as soon as practicable.
c. Assistance And Cooperation Of The
Insured
You and any other involved insured must:
(1) Immediately send us copies of any
demands, notices, summonses or
legal papers received in connection
with the claim or "suit";
(2) Authorize us to obtain records and
other information;
(3) Cooperate with us in the investigation,
settlement of the claim or defense
against the "suit"; and
(4) Assist us, upon our request, in the
enforcement of any right against any
person or organization that may be
liable to the insured because of injury
or damage to which this insurance
may also apply.
d. Obligations At The Insured's Own Cost
No insured will, except at that insured's own
cost voluntarily make a payment, assume
any obligation, or incur any expense, other
than for first aid, without our consent.
e. Additional Insured's Other Insurance
If we cover a claim or "suit" under this
Coverage Part that may also be covered
by other insurance available to an
additional insured, such additional insured
must submit such claim or "suit" to the
other insurer for defense and indemnity.

However, this provision does not apply to
the extent that you have agreed in a
written contract, written agreement or
permit that this insurance is primary and
non-contributory with the additional
insured's own insurance.
f. Knowledge Of An Occurrence, Offense,
Claim Or Suit
Paragraphs a. and b. apply to you or to
any additional insured only when such
"occurrence", offense, claim or "suit" is
known to:
(1) You or any additional insured that is
an individual;
(2) Any partner, if you or an additional
insured is a partnership;
(3) Any manager, if you or an additional
insured is a limited liability company;
(4) Any "executive officer" or insurance
manager, if you or an additional
insured is a corporation;
(5) Any trustee, if you or an additional
insured is a trust; or
(6) Any elected or appointed official, if you
or an additional insured is a political
subdivision or public entity.

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BUSINESS LIABILITY COVERAGE FORM
This Paragraph f. applies separately to
you and any additional insured.

3. Financial Responsibility Laws
a. When this policy is certified as proof of
financial responsibility for the future under
the provisions of any motor vehicle
financial responsibility law, the insurance
provided by the policy for "bodily injury"
liability and "property damage" liability will
comply with the provisions of the law to
the extent of the coverage and limits of
insurance required by that law.
b. With respect to "mobile equipment" to
which this insurance applies, we will
provide any liability, uninsured motorists,
underinsured motorists, no-fault or other
coverage required by any motor vehicle
law. We will provide the required limits for
those coverages.

4. Legal Action Against Us
No person or organization has a right under
this Coverage Form:
a. To join us as a party or otherwise bring us
into a "suit" asking for damages from an
insured; or
b. To sue us on this Coverage Form unless
all of its terms have been fully complied
with.

A person or organization may sue us to recover
on an agreed settlement or on a final judgment
against an insured; but we will not be liable for
damages that are not payable under the terms of
this insurance or that are in excess of the
applicable limit of insurance. An agreed
settlement means a settlement and release of
liability signed by us, the insured and the
claimant or the claimant’s legal representative.

5. Separation Of Insureds
Except with respect to the Limits of Insurance,
and any rights or duties specifically assigned
in this policy to the first Named Insured, this
insurance applies:
a. As if each Named Insured were the only
Named Insured; and
b. Separately to each insured against whom
a claim is made or "suit" is brought.

6. Representations
a. When You Accept This Policy
By accepting this policy, you agree:
(1) The statements in the Declarations
are accurate and complete;
(2) Those statements are based upon
representations you made to us; and
(3) We have issued this policy in reliance
upon your representations.
b. Unintentional Failure To Disclose
Hazards
If unintentionally you should fail to disclose
all hazards relating to the conduct of your
business at the inception date of this
Coverage Part, we shall not deny any
coverage under this Coverage Part
because of such failure.

7. Other Insurance
If other valid and collectible insurance is
available for a loss we cover under this
Coverage Part, our obligations are limited as
follows:
a. Primary Insurance
This insurance is primary except when b.
below applies. If other insurance is also
primary, we will share with all that other
insurance by the method described in c.
below.
b. Excess Insurance
This insurance is excess over any of the
other insurance, whether primary, excess,
contingent or on any other basis:
(1) Your Work
That is Fire, Extended Coverage,
Builder's Risk, Installation Risk or
similar coverage for "your work";
(2) Premises Rented To You
That is fire, lightning or explosion
insurance for premises rented to you
or temporarily occupied by you with
permission of the owner;
(3) Tenant Liability
That is insurance purchased by you to
cover your liability as a tenant for
"property damage" to premises rented
to you or temporarily occupied by you
with permission of the owner;
(4) Aircraft, Auto Or Watercraft
If the loss arises out of the maintenance
or use of aircraft, "autos" or watercraft to
the extent not subject to Exclusion g. of
Section A.-Coverages.
(5) Property Damage To Borrowed
Equipment Or Use Of Elevators
If the loss arises out of "property
damage" to borrowed equipment or
the use of elevators to the extent not
subject to Exclusion k. of Section A.-
Coverages.

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BUSINESS LIABILITY COVERAGE FORM
(6) When You Are Added As An
Additional Insured To Other
Insurance
That is other insurance available to
you covering liability for damages
arising out of the premises or
operations, or products and completed
operations, for which you have been
added as an additional insured by that
insurance; or
(7) When You Add Others As An
Additional Insured To This
Insurance
That is other insurance available to an
additional insured.

However, the following provisions
apply to other insurance available to
any person or organization who is an
additional insured under this Coverage
Part:
(a) Primary Insurance When
Required By Contract
This insurance is primary if you
have agreed in a written contract,
written agreement or permit that
this insurance be primary. If other
insurance is also primary, we will
share with all that other insurance
by the method described in c.
below.
(b) Primary And Non-Contributory
To Other Insurance When
Required By Contract
If you have agreed in a written
contract, written agreement or
permit that this insurance is
primary and non-contributory with
the additional insured's own
insurance, this insurance is
primary and we will not seek
contribution from that other
insurance.

Paragraphs (a) and (b) do not apply to
other insurance to which the additional
insured has been added as an
additional insured.

When this insurance is excess, we will
have no duty under this Coverage Part to
defend the insured against any "suit" if any
other insurer has a duty to defend the
insured against that "suit". If no other
insurer defends, we will undertake to do
so, but we will be entitled to the insured's
rights against all those other insurers.

When this insurance is excess over other
insurance, we will pay only our share of
the amount of the loss, if any, that
exceeds the sum of:
(1) The total amount that all such other
insurance would pay for the loss in the
absence of this insurance; and
(2) The total of all deductible and self¬
insured amounts under all that other
insurance.

We will share the remaining loss, if any, with
any other insurance that is not described in
this Excess Insurance provision and was not
bought specifically to apply in excess of the
Limits of Insurance shown in the
Declarations of this Coverage Part.
c. Method Of Sharing
If all the other insurance permits
contribution by equal shares, we will follow
this method also. Under this approach,
each insurer contributes equal amounts
until it has paid its applicable limit of
insurance or none of the loss remains,
whichever comes first.

If any of the other insurance does not permit
contribution by equal shares, we will
contribute by limits. Under this method, each
insurer's share is based on the ratio of its
applicable limit of insurance to the total
applicable limits of insurance of all insurers.

8. Transfer Of Rights Of Recovery Against
Others To Us
a. Transfer Of Rights Of Recovery
If the insured has rights to recover all or
part of any payment, including
Supplementary Payments, we have made
under this Coverage Part, those rights are
transferred to us. The insured must do
nothing after loss to impair them. At our
request, the insured will bring "suit" or
transfer those rights to us and help us
enforce them. This condition does not
apply to Medical Expenses Coverage.
b. Waiver Of Rights Of Recovery (Waiver
Of Subrogation)
If the insured has waived any rights of
recovery against any person or
organization for all or part of any payment,
including Supplementary Payments, we
have made under this Coverage Part, we
also waive that right, provided the insured
waived their rights of recovery against
such person or organization in a contract,
agreement or permit that was executed
prior to the injury or damage.

Form SS 00 08 04 05 Page 17 of 24
DocuSign Envelope ID: 0551096E-EA8B-4852-AADA-A10695C20C38

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BUSINESS LIABILITY COVERAGE FORM
F. OPTIONAL ADDITIONAL INSURED

COVERAGES
If listed or shown as applicable in the Declarations,
one or more of the following Optional Additional
Insured Coverages also apply. When any of these
Optional Additional Insured Coverages apply,
Paragraph 6. (Additional Insureds When Required
by Written Contract, Written Agreement or Permit)
of Section C., Who Is An Insured, does not apply
to the person or organization shown in the
Declarations. These coverages are subject to the
terms and conditions applicable to Business
Liability Coverage in this policy, except as
provided below:

1. Additional Insured - Designated Person Or
Organization
WHO IS AN INSURED under Section C. is
amended to include as an additional insured
the person(s) or organization(s) shown in the
Declarations, but only with respect to liability
for "bodily injury", "property damage" or
"personal and advertising injury" caused, in
whole or in part, by your acts or omissions or
the acts or omissions of those acting on your
behalf:
a. In the performance of your ongoing
operations; or
b. In connection with your premises owned
by or rented to you.

2. Additional Insured - Managers Or Lessors
Of Premises
a. WHO IS AN INSURED under Section C. is
amended to include as an additional insured
the person(s) or organization(s) shown in the
Declarations as an Additional Insured -
Designated Person Or Organization; but only
with respect to liability arising out of the
ownership, maintenance or use of that part of
the premises leased to you and shown in the
Declarations.
b. With respect to the insurance afforded to
these additional insureds, the following
additional exclusions apply:

This insurance does not apply to:
(1) Any "occurrence" which takes place
after you cease to be a tenant in that
premises; or
(2) Structural alterations, new
construction or demolition operations
performed by or on behalf of such
person or organization.

3. Additional Insured - Grantor Of Franchise
WHO IS AN INSURED under Section C. is
amended to include as an additional insured
the person(s) or organization(s) shown in the
Declarations as an Additional Insured -
Grantor Of Franchise, but only with respect to
their liability as grantor of franchise to you.

4. Additional Insured - Lessor Of Leased
Equipment
a. WHO IS AN INSURED under Section C. is
amended to include as an additional
insured the person(s) or organization(s)
shown in the Declarations as an Additional
Insured - Lessor of Leased Equipment,
but only with respect to liability for "bodily
injury", "property damage" or "personal
and advertising injury" caused, in whole or
in part, by your maintenance, operation or
use of equipment leased to you by such
person(s) or organization(s).
b. With respect to the insurance afforded to
these additional insureds, this insurance
does not apply to any "occurrence" which
takes place after you cease to lease that
equipment.

5. Additional Insured - Owners Or Other
Interests From Whom Land Has Been
Leased
a. WHO IS AN INSURED under Section C. is
amended to include as an additional
insured the person(s) or organization(s)
shown in the Declarations as an Additional
Insured - Owners Or Other Interests From
Whom Land Has Been Leased, but only
with respect to liability arising out of the
ownership, maintenance or use of that part
of the land leased to you and shown in the
Declarations.
b. With respect to the insurance afforded to
these additional insureds, the following
additional exclusions apply:

This insurance does not apply to:
(1) Any "occurrence" that takes place
after you cease to lease that land; or
(2) Structural alterations, new
construction or demolition operations
performed by or on behalf of such
person or organization.

6. Additional Insured - State Or Political
Subdivision -Permits
a. WHO IS AN INSURED under Section C. is
amended to include as an additional
insured the state or political subdivision
shown in the Declarations as an Additional

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BUSINESS LIABILITY COVERAGE FORM
Insured - State Or Political Subdivision -
Permits, but only with respect to
operations performed by you or on your
behalf for which the state or political
subdivision has issued a permit.
b. With respect to the insurance afforded to
these additional insureds, the following
additional exclusions apply:

This insurance does not apply to:
(1) "Bodily injury", "property damage" or
"personal and advertising injury"
arising out of operations performed for
the state or municipality; or
(2) "Bodily injury" or "property damage"
included in the "product-completed
operations" hazard.

7. Additional Insured - Vendors
a. WHO IS AN INSURED under Section C. is
amended to include as an additional
insured the person(s) or organization(s)
(referred to below as vendor) shown in the
Declarations as an Additional Insured -
Vendor, but only with respect to "bodily
injury" or "property damage" arising out of
"your products" which are distributed or
sold in the regular course of the vendor's
business and only if this Coverage Part
provides coverage for "bodily injury" or
"property damage" included within the
"products-completed operations hazard".
b. The insurance afforded to the vendor is
subject to the following additional exclusions:
(1) This insurance does not apply to:
(a) "Bodily injury" or "property
damage" for which the vendor is
obligated to pay damages by
reason of the assumption of
liability in a contract or agreement.

This exclusion does not apply to
liability for damages that the
vendor would have in the absence
of the contract or agreement:
(b) Any express warranty
unauthorized by you;
(c) Any physical or chemical change
in the product made intentionally
by the vendor;
(d) Repackaging, unless unpacked
solely for the purpose of inspection,
demonstration, testing, or the
substitution of parts under
instructions from the manufacturer,
and then repackaged in the original
container;
(e) Any failure to make such
inspections, adjustments, tests or
servicing as the vendor has agreed
to make or normally undertakes to
make in the usual course of
business, in connection with the
distribution or sale of the products;
(f) Demonstration, installation,
servicing or repair operations,
except such operations performed
at the vendor's premises in
connection with the sale of the
product;
(g) Products which, after distribution
or sale by you, have been labeled
or relabeled or used as a
container, part or ingredient of any
other thing or substance by or for
the vendor; or
(h) "Bodily injury" or "property
damage" arising out of the sole
negligence of the vendor for its
own acts or omissions or those of
its employees or anyone else
acting on its behalf. However, this
exclusion does not apply to:
(i) The exceptions contained in
Subparagraphs (d) or (f); or
(ii) Such inspections,
adjustments, tests or servicing
as the vendor has agreed to
make or normally undertakes
to make in the usual course of
business, in connection with
the distribution or sale of the
products.
(2) This insurance does not apply to any
insured person or organization from
whom you have acquired such
products, or any ingredient, part or
container, entering into,
accompanying or containing such
products.

8. Additional Insured - Controlling Interest
WHO IS AN INSURED under Section C. is
amended to include as an additional insured
the person(s) or organization(s) shown in the
Declarations as an Additional Insured -
Controlling Interest, but only with respect to
their liability arising out of:
a. Their financial control of you; or
b. Premises they own, maintain or control
while you lease or occupy these premises.

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BUSINESS LIABILITY COVERAGE FORM
This insurance does not apply to structural
alterations, new construction and demolition
operations performed by or for that person or
organization.

9. Additional Insured - Owners, Lessees Or
Contractors - Scheduled Person Or
Organization
a. WHO IS AN INSURED under Section C. is
amended to include as an additional
insured the person(s) or organization(s)
shown in the Declarations as an Additional
Insured - Owner, Lessees Or Contractors,
but only with respect to liability for "bodily
injury", "property damage" or "personal
and advertising injury" caused, in whole or
in part, by your acts or omissions or the
acts or omissions of those acting on your
behalf:
(1) In the performance of your ongoing
operations for the additional
insured(s); or
(2) In connection with "your work"
performed for that additional insured
and included within the "productscompleted operations hazard", but only if this Coverage Part provides
coverage for "bodily injury" or
"property damage" included within the
"products-completed operations
hazard".
b. With respect to the insurance afforded to
these additional insureds, this insurance
does not apply to "bodily injury", "property
damage" or "personal an advertising
injury" arising out of the rendering of, or
the failure to render, any professional
architectural, engineering or surveying
services, including:
(1) The preparing, approving, or failure to
prepare or approve, maps, shop
drawings, opinions, reports, surveys,
field orders, change orders, designs or
drawings and specifications; or
(2) Supervisory, inspection, architectural
or engineering activities.

10. Additional Insured - Co-Owner Of Insured
Premises
WHO IS AN INSURED under Section C. is
amended to include as an additional insured
the person(s) or Organization(s) shown in the
Declarations as an Additional Insured - Co¬
Owner Of Insured Premises, but only with
respect to their liability as co-owner of the
premises shown in the Declarations.

The limits of insurance that apply to additional
insureds are described in Section D. - Limits Of
Insurance.

How this insurance applies when other insurance
is available to an additional insured is described in
the Other Insurance Condition in Section E. -
Liability And Medical Expenses General
Conditions.

G. LIABILITY AND MEDICAL EXPENSES

DEFINITIONS

1. "Advertisement" means the widespread public
dissemination of information or images that
has the purpose of inducing the sale of goods,
products or services through:
a. (1) Radio;
(2) Television;
(3) Billboard;
(4) Magazine;
(5) Newspaper;
b. The Internet, but only that part of a web
site that is about goods, products or
services for the purposes of inducing the
sale of goods, products or services; or
c. Any other publication that is given
widespread public distribution.

However, "advertisement" does not include:
a. The design, printed material, information
or images contained in, on or upon the
packaging or labeling of any goods or
products; or
b. An interactive conversation between or
among persons through a computer network.

2. "Advertising idea" means any idea for an
"advertisement".

3. "Asbestos hazard" means an exposure or
threat of exposure to the actual or alleged
properties of asbestos and includes the mere
presence of asbestos in any form.

4. "Auto" means a land motor vehicle, trailer or
semi-trailer designed for travel on public
roads, including any attached machinery or
equipment. But "auto" does not include
"mobile equipment".

5. "Bodily injury" means physical:
a. Injury;
b. Sickness; or
c. Disease
sustained by a person and, if arising out of the
above, mental anguish or death at any time.

6. "Coverage territory" means:

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BUSINESS LIABILITY COVERAGE FORM
a. The United States of America (including its
territories and possessions), Puerto Rico
and Canada;
b. International waters or airspace, but only if
the injury or damage occurs in the course
of travel or transportation between any
places included in a. above;
c. All other parts of the world if the injury or
damage arises out of:
(1) Goods or products made or sold by you
in the territory described in a. above;
(2) The activities of a person whose home
is in the territory described in a.
above, but is away for a short time on
your business; or
(3) "Personal and advertising injury"
offenses that take place through the
Internet or similar electronic means of
communication
provided the insured's responsibility to pay
damages is determined in the United States of
America (including its territories and
possessions), Puerto Rico or Canada, in a
"suit" on the merits according to the
substantive law in such territory, or in a
settlement we agree to.

7. "Electronic data" means information, facts or
programs:
a. Stored as or on;
b. Created or used on; or
c. Transmitted to or from
computer software, including systems and
applications software, hard or floppy disks,
CD-ROMS, tapes, drives, cells, data
processing devices or any other media which
are used with electronically controlled
equipment.

8. "Employee" includes a "leased worker".
"Employee" does not include a "temporary
worker".

9. "Executive officer” means a person holding
any of the officer positions created by your
charter, constitution, by-laws or any other
similar governing document.

10. "Hostile fire" means one which becomes
uncontrollable or breaks out from where it was
intended to be.

11. "Impaired property" means tangible property,
other than "your product" or "your work", that
cannot be used or is less useful because:
a. It incorporates "your product" or "your work"
that is known or thought to be defective,
deficient, inadequate or dangerous; or
b. You have failed to fulfill the terms of a
contract or agreement;
if such property can be restored to use by:
a. The repair, replacement, adjustment or
removal of "your product" or "your work";
or
b. Your fulfilling the terms of the contract or
agreement.

12. "Insured contract" means:
a. A contract for a lease of premises.

However, that portion of the contract for a
lease of premises that indemnifies any
person or organization for damage by fire,
lightning or explosion to premises while
rented to you or temporarily occupied by
you with permission of the owner is
subject to the Damage To Premises
Rented To You limit described in Section
D. - Liability and Medical Expenses Limits
of Insurance.
b. A sidetrack agreement;
c. Any easement or license agreement,
including an easement or license
agreement in connection with construction
or demolition operations on or within 50
feet of a railroad;
d. Any obligation, as required by ordinance,
to indemnify a municipality, except in
connection with work for a municipality;
e. An elevator maintenance agreement; or
f. That part of any other contract or
agreement pertaining to your business
(including an indemnification of a
municipality in connection with work
performed for a municipality) under which
you assume the tort liability of another
party to pay for "bodily injury" or "property
damage" to a third person or organization,
provided the "bodily injury" or "property
damage" is caused, in whole or in part, by
you or by those acting on your behalf.

Tort liability means a liability that would be
imposed by law in the absence of any
contract or agreement.

Paragraph f. includes that part of any
contract or agreement that indemnifies a
railroad for "bodily injury" or "property
damage" arising out of construction or
demolition operations within 50 feet of any
railroad property and affecting any railroad
bridge or trestle, tracks, road-beds, tunnel,
underpass or crossing.

However, Paragraph f. does not include
that part of any contract or agreement:

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BUSINESS LIABILITY COVERAGE FORM
(1) That indemnifies an architect,
engineer or surveyor for injury or
damage arising out of:
(a) Preparing, approving or failing to
prepare or approve maps, shop
drawings, opinions, reports,
surveys, field orders, change
orders, designs or drawings and
specifications; or
(b) Giving directions or instructions,
or failing to give them, if that is the
primary cause of the injury or
damage; or
(2) Under which the insured, if an
architect, engineer or surveyor,
assumes liability for an injury or
damage arising out of the insured's
rendering or failure to render
professional services, including those
listed in (1) above and supervisory,
inspection, architectural or
engineering activities.

13. "Leased worker" means a person leased to
you by a labor leasing firm under an
agreement between you and the labor leasing
firm, to perform duties related to the conduct of
your business. "Leased worker" does not
include a "temporary worker".

14. "Loading or unloading" means the handling of
property:
a. After it is moved from the place where it is
accepted for movement into or onto an
aircraft, watercraft or "auto";
b. While it is in or on an aircraft, watercraft or
"auto"; or
c. While it is being moved from an aircraft,
watercraft or "auto" to the place where it is
finally delivered;
but "loading or unloading" does not include the
movement of property by means of a mechanical
device, other than a hand truck, that is not
attached to the aircraft, watercraft or "auto".

15. "Mobile equipment" means any of the following
types of land vehicles, including any attached
machinery or equipment:
a. Bulldozers, farm machinery, forklifts and
other vehicles designed for use principally
off public roads;
b. Vehicles maintained for use solely on or
next to premises you own or rent;
c. Vehicles that travel on crawler treads;
d. Vehicles, whether self-propelled or not, on
which are permanently mounted:
(1) Power cranes, shovels, loaders,
diggers or drills; or
(2) Road construction or resurfacing
equipment such as graders, scrapers
or rollers;
e. Vehicles not described in a., b., c., or d.
above that are not self-propelled and are
maintained primarily to provide mobility to
permanently attached equipment of the
following types:
(1) Air compressors, pumps and
generators, including spraying,
welding, building cleaning,
geophysical exploration, lighting and
well servicing equipment; or
(2) Cherry pickers and similar devices
used to raise or lower workers;
f. Vehicles not described in a., b., c., or d.
above maintained primarily for purposes
other than the transportation of persons or
cargo.

However, self-propelled vehicles with the
following types of permanently attached
equipment are not "mobile equipment" but
will be considered "autos":
(1) Equipment, of at least 1,000 pounds
gross vehicle weight, designed
primarily for:
(a) Snow removal;
(b) Road maintenance, but not
construction or resurfacing; or
(c) Street cleaning;
(2) Cherry pickers and similar devices
mounted on automobile or truck
chassis and used to raise or lower
workers; and
(3) Air compressors, pumps and
generators, including spraying,
welding, building cleaning,
geophysical exploration, lighting and
well servicing equipment.

16. "Occurrence" means an accident, including
continuous or repeated exposure to substantially
the same general harmful conditions.

17. "Personal and advertising injury" means injury,
including consequential "bodily injury", arising
out of one or more of the following offenses:
a. False arrest, detention or imprisonment;
b. Malicious prosecution;

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BUSINESS LIABILITY COVERAGE FORM
c. The wrongful eviction from, wrongful entry
into, or invasion of the right of private
occupancy of a room, dwelling or
premises that the person occupies,
committed by or on behalf of its owner,
landlord or lessor;
d. Oral, written or electronic publication of
material that slanders or libels a person or
organization or disparages a person's or
organization's goods, products or services;
e. Oral, written or electronic publication of
material that violates a person's right of
privacy;
f. Copying, in your "advertisement", a
person's or organization's "advertising
idea" or style of "advertisement";
g. Infringement of copyright, slogan, or title of
any literary or artistic work, in your
"advertisement"; or
h. Discrimination or humiliation that results in
injury to the feelings or reputation of a
natural person.

18. "Pollutants" means any solid, liquid, gaseous or
thermal irritant or contaminant, including smoke,
vapor, soot, fumes, acids, alkalis, chemicals and
waste. Waste includes materials to be recycled,
reconditioned or reclaimed.

19. "Products-completed operations hazard";
a. Includes all "bodily injury" and "property
damage" occurring away from premises
you own or rent and arising out of "your
product" or "your work" except:
(1) Products that are still in your physical
possession; or
(2) Work that has not yet been completed
or abandoned. However, "your work"
will be deemed to be completed at the
earliest of the following times:
(a) When all of the work called for in
your contract has been completed.
(b) When all of the work to be done at
the job site has been completed if
your contract calls for work at
more than one job site.
(c) When that part of the work done at
a job site has been put to its
intended use by any person or
organization other than another
contractor or subcontractor
working on the same project.

Work that may need service, maintenance,
correction, repair or replacement, but
which is otherwise complete, will be
treated as completed.

The "bodily injury" or "property damage"
must occur away from premises you own
or rent, unless your business includes the
selling, handling or distribution of "your
product" for consumption on premises you
own or rent.
b. Does not include "bodily injury" or
"property damage" arising out of:
(1) The transportation of property, unless
the injury or damage arises out of a
condition in or on a vehicle not owned
or operated by you, and that condition
was created by the "loading or
unloading" of that vehicle by any
insured; or
(2) The existence of tools, uninstalled
equipment or abandoned or unused
materials.

20. "Property damage" means:
a. Physical injury to tangible property,
including all resulting loss of use of that
property. All such loss of use shall be
deemed to occur at the time of the
physical injury that caused it; or
b. Loss of use of tangible property that is not
physically injured. All such loss of use
shall be deemed to occur at the time of
"occurrence" that caused it.

As used in this definition, "electronic data" is
not tangible property.

21. "Suit" means a civil proceeding in which
damages because of "bodily injury", "property
damage" or "personal and advertising injury"
to which this insurance applies are alleged.
"Suit" includes:
a. An arbitration proceeding in which such
damages are claimed and to which the
insured must submit or does submit with
our consent; or
b. Any other alternative dispute resolution
proceeding in which such damages are
claimed and to which the insured submits
with our consent.

22. "Temporary worker” means a person who is
furnished to you to substitute for a permanent
"employee" on leave or to meet seasonal or
short-term workload conditions.

23. "Volunteer worker" means a person who:
a. Is not your "employee";
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BUSINESS LIABILITY COVERAGE FORM
b. Donates his or her work;
c. Acts at the direction of and within the
scope of duties determined by you; and
d. Is not paid a fee, salary or other
compensation by you or anyone else for
their work performed for you.

24. "Your product”:
a. Means:
(1) Any goods or products, other than real
property, manufactured, sold, handled,
distributed or disposed of by:
(a) You;
(b) Others trading under your name;
or
(c) A person or organization whose
business or assets you have
acquired; and
(2) Containers (other than vehicles),
materials, parts or equipment
furnished in connection with such
goods or products.
b. Includes:
(1) Warranties or representations made at
any time with respect to the fitness,
quality, durability, performance or use
of "your product"; and
(2) The providing of or failure to provide
warnings or instructions.
c. Does not include vending machines or
other property rented to or located for the
use of others but not sold.

25. "Your work":
a. Means:
(1) Work or operations performed by you
or on your behalf; and
(2) Materials, parts or equipment
furnished in connection with such work
or operations.
b. Includes:
(1) Warranties or representations made at
any time with respect to the fitness,
quality, durability, performance or use
of "your work"; and
(2) The providing of or failure to provide
warnings or instructions.

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DocuSign Envelope ID: 0551096E-EA8B-4852-AADA-A10695C20C38

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THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

BUSINESS LIABILITY COVERAGE FORM

AMENDATORY ENDORSEMENT
This endorsement modifies insurance provided under the following:

BUSINESS LIABILITY COVERAGE FORM
A. Sub-subparagraphs 1,p. (7), (8), (15) of Paragraph
2„ of Section B. Exclusions are deleted and
replaced with the following:
p. Personal and Advertising Injury:
(7) (a) Arising out of any actual or alleged
infringement or violation of any intellectual
property right, such as copyright, patent,
trademark, trade name, trade secret,
service mark or other designation of origin
or authenticity; or
(b) Any injury or damage alleged in any
claim or "suit" that also alleges an
infringement or violation of any
intellectual property right, whether
such allegation of infringement or
violation is made by you or by any
other party involved in the claim or
"suit", regardless of whether this
insurance would otherwise apply.

However, this exclusion does not apply if the
only allegation in the claim or "suit" involving
any intellectual property right is limited to:
(1) Infringement, in your "advertisement",
of:
(a) Copyright;
(b) Slogan; or
(c) Title of any literary or artistic work;
or
(2) Copying, in your "advertisement", a
person's or organization's "advertising
idea" or style of "advertisement".
(8) Arising out of an offense committed by an
insured whose business is:
(a) Advertising, broadcasting, publishing
or telecasting;
(b) Designing or determining content of
web sites for others; or
(c) An Internet search, access, content or
service provider.

However, this exclusion does not
apply to Paragraphs a., b. and c. of
the definition of "personal and
advertising injury" under the
Definitions Section.

For the purposes of this exclusion, the
placing of frames, borders or links, or
advertising, for you or others
anywhere on the Internet, is not by
itself, considered the business of
advertising, broadcasting, publishing
or telecasting.
(15) Arising out of any access to or disclosure
of any person’s or organization's
confidential or personal information,
including patents, trade secrets,
processing methods, customer lists,
financial information, credit card
information, health information or any
other type of nonpublic information.This
exclusion applies even if damages are
claimed for notification costs, credit
monitoring expenses, forensic expenses,
public relations expenses or any other
loss, cost or expense incurred by you or
others arising out of any access to or
disclosure of any person's or
organization's confidential or personal
information.

B. Subparagraph 1.r. of Section B. Exclusions is
deleted and replaced with the following:
r. Employment-Related Practices
"Personal and advertising injury" to:
(1) A person arising out of any "employmentrelated practices"; or Form SSOO 60 09 15 Page 1 of 2
DocuSign Envelope ID: 0551096E-EA8B-4852-AADA-A10695C20C38

Page 613 of 826 ends

(2) The spouse, child, parent, brother or sister
of that person as a consequence of
"personal and advertising injury" to that
person at whom any "employment-related
practices" are directed.

This exclusion applies:
(a) Whether the injury-causing event
described in the definition of
"employment-related practices"
occurs before employment, during
employment or after employment of
that person;
(b) Whether the insured may be liable as
an employer or in any other capacity;
and
(c) To any obligation to share damages
with or repay someone else who must
pay damages because of the injury.

C. Subparagraph 1,q. "Electronic Data" of Section B.

Exclusions is deleted and replaced with the
following:
q. Access Or Disclosure Of Confidential Or
Personal Information And Data-related
Liability
(1) Damages, other than damages because
of "personal and advertising injury",
arising out of any access to or disclosure
of any person's or organization's
confidential or personal information,
including patents, trade secrets,
processing methods, customer lists,
financial information, credit card
information, health information or any
other type of nonpublic information; or
(2) Damages arising out of the loss of, loss of
use of, damage to, corruption of, inability
to access, or inability to manipulate
electronic data.

This exclusion applies even if damages are
claimed for notification costs, credit monitoring
expenses, forensic expenses, public relations
expenses or any other loss, cost or expense
incurred by you or others arising out of that which
is described in Paragraph (1) or (2) above.

However, unless Paragraph (1) above applies, this
exclusion does not apply to damages because of
"bodily injury".

As used in this exclusion, electronic data means
information, facts or computer programs stored as
or on, created or used on, or transmitted to or
from computer software (including systems and
applications software), on hard or floppy disks,
CD-ROMs, tapes, drives, cells, data processing
devices or any other repositories of computer
software which are used with electronically
controlled equipment. The term computer
programs, referred to in the foregoing description
of electronic data, means a set of related
electronic instructions which direct the operations
and functions of a computer or device connected
to it, which enable the computer or device to
receive, process, store, retrieve or send data.

D. Sub-subparagraph 7.b.(1) Other Insurance of
Section E. Liability and Medical Expenses
General Conditions is deleted and replaced with
the following:
b. Excess Insurance
(1) Your Work
That is Fire, Extended Coverage, Builder's
Risk, Installation Risk, Owner Controlled
Insurance Program or OCIP, Wrap Up
Insurance or similar coverage for "your
work".

E. Subparagraph 17. c. "Personal and Advertising
Injury" of Section G, Liability and Medical
Expenses Definitions is deleted and replaced
with the following:
"Personal and advertising injury" means injury,
including consequential "bodily injury", arising out
of one or more of the following offenses:
c. The wrongful eviction from, wrongful entry
into, or invasion of the right of private
occupancy of a room, dwelling or premises
that a person or organization occupies,
committed by or on behalf of its owner,
landlord or lessor;
F. Subparagraph 17.h. of Section G, Liability and
Medical Expenses Definitions deleted.

Page 2 of 2 ends

Form SS 00 60 09 15
DocuSign Envelope ID: 0551096E-EA8B-4852-AADA-A10695C20C38

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THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

WAIVER OF OUR RIGHT TO RECOVER FROM

OTHERS ENDORSEMENT - CALIFORNIA
Effective hour is the same as stated on the Information Page of the policy.

Named Insured and Address: R3 CONSULTING GROUP INC
1512 EUREKA RD STE 220
ROSEVILLE CA 95661
Endorsement Number:

We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule.

The additional premium for this endorsement shall be 2 % of the California workers' compensation premium otherwise due on such remuneration.

SCHEDULE
Person or Organization Job Description
Any person or organization for whom you are required by written contract or agreement to obtain this waiver of rights from us
Countersigned by
Authorized Representative
Form WC 04 03 06 (1) Printed in U.S.A.

Process Date: 06/08/22
Policy Number:57WBCAU7Z0F
Effective Date: 11/27/23
Policy Expiration Date: 11/27/24
DocuSign Envelope ID: 0551096E-EA8B-4852-AADA-A10695C20C38

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CONSENT CALENDAR 8.M.

DATE: December 16, 2025
TO: Mayor and Members of the City Council
FROM: Stephanie Sifuentes, Human Resources Director
SUBJECT: ADOPT A RESOLUTION AMENDING THE SALARY PLAN TO ADD THE

CONSTRUCTION INSPECTOR CLASSIFICATION SERIES

RECOMMENDATION
Adopt a resolution to amend the City’s Salary Plan by adding the classifications of Construction Inspector I, Construction Inspector II, and Senior Construction Inspector to the IBEW salary schedule; deleting five (5) Engineering Technician II positions and one (1) Senior Engineering Technician position; and adding five (5) Construction Inspector II positions and one (1) Senior Construction Inspector position to the Full-Time Equivalent Listing for the Public Works Department.

REASONS FOR RECOMMENDATION
The addition of the Construction Inspector series will allow the City to resolve the reclassification issue with incumbents in the Engineering Technician series in the Public Works Department and ensure the City’s ability to maintain construction schedules and compliance related to the City’s Capital Improvement Projects.

BACKGROUND AND DISCUSSION
The Public Works Department notified Human Resources that employees working in the positions of Engineering Technician I / II / Senior might be working outside the scope of their classifications. When this happens, it is incumbent upon Human Resources to conduct a reclassification study to determine if that is the case, and if so, in what capacity they are working.

Reclassification studies result in one of three determinations: (1) the work that is being performed is below the scope of an incumbent’s classification, (2) the work that is being performed is within the scope of the incumbent’s classification, or (3) the work that is being performed is above the scope of the incumbent’s classification. If, through the study, the work is found to be below the incumbent's classification, the work assigned to the incumbent could be modified or the incumbent could be reclassified to the appropriate, lowerlevel, classification. If, through the study, the work is found to be within the scope of the incumbent's classification, no change would be required. If, through the study, the work is found to be above the scope of the incumbent's classification, the department would either need to remove those duties, or reclassify the employee to an appropriate classification and rate of pay.

Human Resources conducted a reclassification study in accordance with section 4.3B of the agreement between the City of Vallejo and the International Brotherhood of Electrical Workers (IBEW), Local 1245. This study included Engineering Technician I / II / Senior positions in both the Public Works and Water Departments, as both departments have Engineering Technician I / II / Senior allocations budgeted in FY 2025-26.

The reclassification study determined that, although the classifications of Engineering Technician I / II / Senior contain some level of construction inspection functional support within the existing duties, employees currently working in the Engineering Technician I / II / Senior classifications within the Public Works Department only, are performing construction inspection duties as a primary component of their daily work, not technical

Page 616 of 826 ends

Date: December 16, 2025
Subject: ADOPT A RESOLUTION AMENDING THE SALARY PLAN TO ADD THE

CONSTRUCTION INSPECTOR CLASSIFICATION SERIES

Page 2 ends

engineering duties.

Human Resources provided the Public Works Department and City Manager with the outcome of the reclassification study, as well as their options for resolution. In this particular case, (1) the construction inspection duties make up the bulk of the work for these employees, (2) there isn't a suitable alternate classification to reassign these duties to, and (3) removing these duties would create a significant adverse impact on the City's ability to maintain construction schedules and compliance related to the City’s Capital Improvement Projects (CIPs). Therefore, the classifications of Construction Inspector I, Construction Inspector II, and Senior Construction Inspector were developed and were subsequently approved by the Civil Service Commission at the regular meeting on September 8, 2025.

Staff's recommendation is to reclassify Public Works employees currently in Engineering Technician I to Construction Inspector I, Engineering Technician II to Construction Inspector II, and Senior Engineering Technician to Senior Construction Inspector, effective August 9, 2025, which is the date at which the City first determined that they were working outside of their current classification.

FISCAL IMPACT
The salary ranges for classifications in the Construction Inspector series are slightly higher than for classifications in the Engineering Technician series. So, these reclassification will have a modest fiscal impact, $74,598 from August 9, 2025, through June 30, 2026 (11 months). The Public Works Department will absorb this cost for the remainder of the fiscal year from existing budget. Funding for subsequent years will be requested as part of the annual budget process.

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

ATTACHMENTS

1. Resolution Amending Salary Plan_New Class and Salary_Construction Inspector Series - CAO Stamp

2. Attachment 1_Salary Plan

CONTACT
Stephanie Sifuentes, Human Resources Director (707) 649-4852 [email protected]

Page 617 of 826 ends

RESOLUTION NO. 25 - ___N.C.

Approved as to form:

By: for
Veronica Nebb, City Attorney

A RESOLUTION APPROVING A SALARY PLAN AMENDMENT BY ADDING THE

CLASSIFICATION OF CONSTRUCTION INSPECTOR I, CONSTRUCTION INSPECTOR II, AND SENIOR CONSTRUCTION INSPECTOR TO THE IBEW SALARY SCHEDULE; DELETING FIVE (5) ENGINEERING TECHNICIAN II POSITIONS AND ONE (1) SENIOR ENGINEERING TECHNICIAN POSITION AND ADDING FIVE (5) CONSTRUCTION INSPECTOR II POSITIONS AND ONE (1) SENIOR CONSTRUCTION INSPECTOR POSITION

TO THE FULL-TIME EQUIVALENT LISTING FOR THE PUBLIC WORKS DEPARTMENT WHEREAS, Vallejo Municipal Code section 2.60.340 requires the City Council adopt an official salary plan through adoption of the annual positions and salaries resolution; and WHEREAS, City Council has the authority to amend the salary plan via resolution during the Fiscal Year; and
WHEREAS, City Council approved Resolution 25-113 at the beginning of the Fiscal Year, adopting the Salary Plan; and
WHEREAS, the Salary Plan consists of the Full-Time Equivalent Listing and the Salary Schedule; and
WHEREAS, the City of Vallejo Charter section 801 (d) requires the concurrence of the City Council on whether a position is classified or unclassified; and WHEREAS, Human Resources is recommending a change to the Salary Plan by adding the classifications of Construction Inspector I, Construction Inspector II, and Senior Construction Inspector to the IBEW salary schedule, as attached in Attachment 1; and WHEREAS, a salary range for the position was developed to ensure internal consistency with City positions requiring similar skills and a salary comparison was conducted evaluating similar positions in neighboring cities, consistent with Vallejo’s past practice; and WHEREAS, the following salary ranges are appropriate for each position:

Construction Inspector I
Range
50J Step 1 Step 2 Step 3 Step 4 Step 5
Hourly $39.8247 $41.8160 $43.9068 $46.1021 $48.4072
BiWeekly $3,185.98 $3,345.28 $3,512.54 $3,688.17 $3,872.58 Monthly $6,902.95 $7,248.11 $7,610.51 $7,991.03 $8,390.58

Page 618 of 826 ends

Annual
$82,835.3
8 $86,977.2
8 $91,326.1
4 $95,892.3
7 $100,686.9
8 Construction Inspector II
Range
91J Step 1 Step 2 Step 3 Step 4 Step 5
Hourly $44.1176 $46.3235 $48.6397 $51.0717 $53.6252
BiWeekly $3,529.41 $3,705.88 $3,891.18 $4,085.74 $4,290.02 Monthly $7,647.05 $8,029.41 $8,430.88 $8,852.43 $9,295.04 Annual
$91,764.6
1 $96,352.8
8 $101,170.5
8 $106,229.1
4 $111,540.4
2 Senior Construction Inspector
Range
31K Step 1 Step 2 Step 3 Step 4 Step 5
Hourly $48.6300 $51.0615 $53.6146 $56.2952 $59.1101
BiWeekly $3,890.40 $4,084.92 $4,289.17 $4,503.62 $4,728.81 Monthly $8,426.20 $8,850.66 $9,293.20 $9,757.84 $10,245.75 Annual
$101,150.4
0 $106,207.9
2 $111,518.3
7 $117,094.0
2 $122,949.0
1 NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Vallejo hereby approves an amendment to the City’s Salary Plan by:

1. Adding a new classified position and salary range for Construction Inspector I to the IBEW salary schedule.

2. Adding a new classified position and salary range for Construction Inspector II to the IBEW salary schedule.

3. Adding a new classified position and salary range for Senior Construction Inspector to the IBEW salary schedule.

4. Deleting five (5) Engineering Technician II positions from the Full-Time Equivalent Listing for the Public Works Department.

5. Deleting one (1) Senior Engineering Technician position from the Full-Time Equivalent Listing for the Public Works Department.

6. Adding five (5) Construction Inspector II positions to the Full-Time Equivalent Listing for the Public Works Department.

7. Adding one (1) Senior Construction Inspector position to the Full-Time Equivalent Listing for the Public Works Department.

Page 619 of 826 ends

BE IT FURTHER RESOLVED that the City Council of the City of Vallejo directs staff to revise the salary schedule for the IBEW unit accordingly, and the city’s current salary plan contained in Resolution 25-113, adopted concurrently with the FY2025-26 Budget, effective August 9, 2025.

Adopted by the City Council of the City of Vallejo at a regular meeting held on December 16, 2025 with the following vote:

AYES:

ABSENT:

ABSTAIN:

NOES:

__________________________________

ANDREA SORCE, MAYOR
ATTEST:
_______________________________________

DAWN ABRAHAMSOM, CITY CLERK

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Add:

Construction Inspector Series
IBEW Salary Schedule
December 27, 2025
Range Classification Rate Step 1 Step 2 Step 3 Step 4 Step 5 01H Cashier Clerk - - - - -
Hourly 21.4937 22.5685 23.6968 24.8817 26.1258
Bi-weekly 1,719.50 1,805.48 1,895.74 1,990.54 2,090.06
Monthly 3,725.58 3,911.87 4,107.45 4,312.83 4,528.47
Annual 44,706.90 46,942.48 49,289.34 51,753.94 54,341.66 09H Administrative Clerk I - - - - -
Hourly 21.9274 23.0239 24.1750 25.3838 26.6530
Bi-weekly 1,754.19 1,841.91 1,934.00 2,030.70 2,132.24
Monthly 3,800.75 3,990.81 4,190.33 4,399.86 4,619.85
Annual 45,608.99 47,889.71 50,284.00 52,798.30 55,438.24 40H Accounting Clerk I - - - - -
Hourly 23.6920 24.8766 26.1204 27.4263 28.7977
Bi-weekly 1,895.36 1,990.13 2,089.63 2,194.10 2,303.82
Monthly 4,106.61 4,311.94 4,527.54 4,753.89 4,991.60
Annual 49,279.36 51,743.33 54,330.43 57,046.70 59,899.22 50H Administrative Clerk II - - - - -
Hourly 24.2911 25.5057 26.7810 28.1199 29.5260
Bi-weekly 1,943.29 2,040.46 2,142.48 2,249.59 2,362.08
Monthly 4,210.46 4,420.99 4,642.04 4,874.12 5,117.84
Annual 50,525.49 53,051.86 55,704.48 58,489.39 61,414.08 70H Bridge Operator - - - - -
Hourly 25.5350 26.8116 28.1522 29.5597 31.0378
Bi-weekly 2,042.80 2,144.93 2,252.18 2,364.78 2,483.02
Monthly 4,426.07 4,647.34 4,879.72 5,123.68 5,379.89
Annual 53,112.80 55,768.13 58,556.58 61,484.18 64,558.62 77H Police Clerk - - - - -
Hourly 25.9851 27.2843 28.6485 30.0809 31.5848
Bi-weekly 2,078.81 2,182.74 2,291.88 2,406.47 2,526.78
Monthly 4,504.08 4,729.28 4,965.74 5,214.02 5,474.70
Annual 54,049.01 56,751.34 59,588.88 62,568.27 65,696.38 80H Accounting Clerk II - - - - -
Customer Service Representative - - - - -
Marina Maintenance Attendant - - - - -
Marina Office Attendant - - - - -
Hourly 26.1804 27.4895 28.8640 30.3072 31.8225
Bi-weekly 2,094.43 2,199.16 2,309.12 2,424.58 2,545.80
Monthly 4,537.94 4,764.85 5,003.09 5,253.25 5,515.90
Annual 54,455.23 57,178.16 60,037.12 63,038.98 66,190.80 90H Maintenance Worker I - - - - -
Secretary - - - - -
Hourly 26.8423 28.1844 29.5937 31.0734 32.6271
Bi-weekly 2,147.38 2,254.75 2,367.50 2,485.87 2,610.17
Monthly 4,652.67 4,885.30 5,129.58 5,386.06 5,655.36
Annual 55,831.98 58,623.55 61,554.90 64,632.67 67,864.37 01I Parts Specialist - - - - -
Water Maintenance Worker I - - - - -
Hourly 27.5210 28.8971 30.3420 31.8591 33.4521
Bi-weekly 2,201.68 2,311.77 2,427.36 2,548.73 2,676.17
Monthly 4,770.31 5,008.83 5,259.28 5,522.24 5,798.36
Annual 57,243.68 60,105.97 63,111.36 66,266.93 69,580.37 02I Housing Specialist I - - - - -
Hourly 27.5899 28.9694 30.4179 31.9388 33.5356
Bi-weekly 2,207.19 2,317.55 2,433.43 2,555.10 2,682.85
Monthly 4,782.25 5,021.36 5,272.44 5,536.06 5,812.84
Annual 57,386.99 60,256.35 63,269.23 66,432.70 69,754.05 04I Meter Reader - - - - -
Hourly 27.7280 29.1144 30.5701 32.0985 33.7036
Bi-weekly 2,218.24 2,329.15 2,445.61 2,567.88 2,696.29
Monthly 4,806.19 5,046.50 5,298.82 5,563.74 5,841.96
Annual 57,674.24 60,557.95 63,585.81 66,764.88 70,103.49 ATTACHMENT 1

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Add:

Construction Inspector Series
IBEW Salary Schedule
December 27, 2025
10I Building Maintenance Worker I - - - - -
Public Works Maintenance Worker II - - - - -
Hourly 28.1464 29.5538 31.0315 32.5831 34.2123
Bi-weekly 2,251.71 2,364.30 2,482.52 2,606.65 2,736.98
Monthly 4,878.71 5,122.66 5,378.79 5,647.74 5,930.13
Annual 58,544.51 61,471.90 64,545.52 67,772.85 71,161.58 12I Warehouse Specialist - - - - -
Hourly 28.2874 29.7019 31.1868 32.7462 34.3835
Bi-weekly 2,262.99 2,376.15 2,494.94 2,619.70 2,750.68
Monthly 4,903.15 5,148.33 5,405.71 5,676.01 5,959.81
Annual 58,837.79 61,779.95 64,868.54 68,112.10 71,517.68 20I Reservoir Keeper I - - - - -
Public Works Maintenance Worker IIA - - - - -
Senior Customer Service Representative - - - - -
Water Treatment Plant Operator Trainee I - - - - -
Hourly 28.8580 30.3010 31.8161 33.4068 35.0772
Bi-weekly 2,308.64 2,424.08 2,545.29 2,672.54 2,806.18
Monthly 5,002.05 5,252.17 5,514.79 5,790.51 6,080.05
Annual 60,024.64 63,026.08 66,177.49 69,486.14 72,960.58 30I Maintenance Worker II - - - - -
Hourly 29.5876 31.0670 32.6204 34.2513 35.9639
Bi-weekly 2,367.01 2,485.36 2,609.63 2,740.10 2,877.11
Monthly 5,128.52 5,384.95 5,654.20 5,936.89 6,233.74
Annual 61,542.21 64,619.36 67,850.43 71,242.70 74,804.91 40I Water Maintenance Worker II - - - - -
Hourly 30.3359 31.8525 33.4451 35.1174 36.8733
Bi-weekly 2,426.87 2,548.20 2,675.61 2,809.39 2,949.86
Monthly 5,258.22 5,521.10 5,797.15 6,087.02 6,391.37
Annual 63,098.67 66,253.20 69,565.81 73,044.19 76,696.46 42I Housing Specialist II - - - - -
Hourly 30.4877 32.0120 33.6127 35.2933 37.0580
Bi-weekly 2,439.02 2,560.96 2,689.02 2,823.46 2,964.64
Monthly 5,284.54 5,548.75 5,826.20 6,117.51 6,423.39
Annual 63,414.42 66,584.96 69,914.42 73,410.06 77,080.64 45I Senior Meter Reader - - - - -
Utility Field Representative - - - - -
Hourly 30.7169 32.2526 33.8653 35.5586 37.3366
Bi-weekly 2,457.35 2,580.21 2,709.22 2,844.69 2,986.93
Monthly 5,324.26 5,590.45 5,869.99 6,163.49 6,471.68
Annual 63,891.15 67,085.41 70,439.82 73,961.89 77,660.13 49I Equipment Mechanic I - - - - -
Hourly 31.0252 32.5766 34.2053 35.9156 37.7114
Bi-weekly 2,482.02 2,606.13 2,736.42 2,873.25 3,016.91
Monthly 5,377.70 5,646.61 5,928.92 6,225.37 6,536.64
Annual 64,532.42 67,759.33 71,147.02 74,704.45 78,439.71 50I Building Maintenance Worker II - - - - -
IS Support Technician I - - - - -
Senior Public Works Maintenance Worker - - - - -
Hourly 31.1028 32.6578 34.2907 36.0053 37.8057
Bi-weekly 2,488.22 2,612.62 2,743.26 2,880.42 3,024.46
Monthly 5,391.15 5,660.69 5,943.72 6,240.92 6,552.99
Annual 64,693.82 67,928.22 71,324.66 74,891.02 78,635.86 60I Building Permit Technician I - - - - -
Police Assistant - - - - -
Reservoir Keeper II - - - - -
Water Treatment Plant Operator Trainee II - - - - -
Hourly 31.8892 33.4837 35.1578 36.9157 38.7615
Bi-weekly 2,551.14 2,678.70 2,812.62 2,953.26 3,100.92
Monthly 5,527.46 5,803.84 6,094.02 6,398.72 6,718.66
Annual 66,329.54 69,646.10 73,128.22 76,784.66 80,623.92 61I Executive Secretary - - - - -

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Add:

Construction Inspector Series
IBEW Salary Schedule
December 27, 2025
Planning Technician - - - - -
Hourly 31.9689 33.5675 35.2459 37.0081 38.8585
Bi-weekly 2,557.51 2,685.40 2,819.67 2,960.65 3,108.68
Monthly 5,541.28 5,818.37 6,109.29 6,414.74 6,735.47
Annual 66,495.31 69,820.40 73,311.47 76,976.85 80,825.68 70I Engineering Technician I - - - - -
Heavy Equipment Operator - - - - -
Meter Mechanic - - - - -
Senior Housing Specialist - - - - -
Water Distribution Technician - - - - -
Hourly 32.6955 34.3303 36.0467 37.8490 39.7416
Bi-weekly 2,615.64 2,746.42 2,883.74 3,027.92 3,179.33
Monthly 5,667.22 5,950.59 6,248.10 6,560.49 6,888.54
Annual 68,006.64 71,407.02 74,977.14 78,725.92 82,662.53 73I Call Taker - - - - -
Warehouse Supervisor - - - - -
Hourly 32.9413 34.5884 36.3178 38.1337 40.0404
Bi-weekly 2,635.30 2,767.07 2,905.42 3,050.70 3,203.23
Monthly 5,709.83 5,995.32 6,295.09 6,609.84 6,940.34
Annual 68,517.90 71,943.87 75,541.02 79,318.10 83,284.03 88I Equipment Mechanic II - - - - -
Hourly 34.1985 35.9083 37.7037 39.5890 41.5685
Bi-weekly 2,735.88 2,872.66 3,016.30 3,167.12 3,325.48
Monthly 5,927.74 6,224.11 6,535.31 6,862.09 7,205.21
Annual 71,132.88 74,689.26 78,423.70 82,345.12 86,462.48 89I Accounting Technician - - - - -
Building Permit Technician II - - - - -
IS Support Technician II - - - - -
Senior Building Maintenance Worker - - - - -
Hourly 34.2839 35.9980 37.7979 39.6880 41.6722
Bi-weekly 2,742.71 2,879.84 3,023.83 3,175.04 3,333.78
Monthly 5,942.54 6,239.65 6,551.64 6,879.25 7,223.18
Annual 71,310.51 74,875.84 78,619.63 82,551.04 86,678.18 99I Code Enforcement Officer - - - - -
Customer Service Supervisor - - - - -
Senior Police Assistant - - - - -
Hourly 35.1507 36.9083 38.7538 40.6913 42.7260
Bi-weekly 2,812.06 2,952.66 3,100.30 3,255.30 3,418.08
Monthly 6,092.79 6,397.44 6,717.33 7,053.16 7,405.84
Annual 73,113.46 76,769.26 80,607.90 84,637.90 88,870.08 01J Traffic and Lighting Technician I - - - - -
Hourly 35.2387 37.0005 38.8506 40.7931 42.8327
Bi-weekly 2,819.10 2,960.04 3,108.05 3,263.45 3,426.62
Monthly 6,108.04 6,413.42 6,734.10 7,070.80 7,424.34
Annual 73,296.50 76,961.04 80,809.25 84,849.65 89,092.02 10J Electrician - - - - -
Senior Meter Mechanic - - - - -
Senior Water Distribution Technician - - - - -
Hourly 36.0396 37.8415 39.7335 41.7202 43.8061
Bi-weekly 2,883.17 3,027.32 3,178.68 3,337.62 3,504.49
Monthly 6,246.86 6,559.19 6,887.14 7,231.50 7,593.06
Annual 74,962.37 78,710.32 82,645.68 86,778.02 91,116.69 13J Communications Operator I - - - - -
Hourly 36.3105 38.1259 40.0322 42.0339 44.1356
Bi-weekly 2,904.84 3,050.07 3,202.58 3,362.71 3,530.85
Monthly 6,293.82 6,608.49 6,938.92 7,285.88 7,650.17
Annual 75,525.84 79,301.87 83,266.98 87,430.51 91,802.05 17J Laboratory Analyst I - - - - -
Hourly 36.6749 38.5088 40.4340 42.4557 44.5786
Bi-weekly 2,933.99 3,080.70 3,234.72 3,396.46 3,566.29
Monthly 6,356.98 6,674.86 7,008.56 7,358.99 7,726.96

Page 623 of 826 ends

Add:

Construction Inspector Series
IBEW Salary Schedule
December 27, 2025
Annual 76,283.79 80,098.30 84,102.72 88,307.86 92,723.49 19J Senior Equipment Mechanic - - - - -
Hourly 36.8585 38.7014 40.6365 42.6682 44.8016
Bi-weekly 2,948.68 3,096.11 3,250.92 3,413.46 3,584.13
Monthly 6,388.81 6,708.24 7,043.66 7,395.82 7,765.61
Annual 76,665.68 80,498.91 84,523.92 88,749.86 93,187.33 20J Building Supervisor - - - - -
Hourly 36.9508 38.7982 40.7381 42.7751 44.9139
Bi-weekly 2,956.06 3,103.86 3,259.05 3,422.01 3,593.11
Monthly 6,404.81 6,725.02 7,061.27 7,414.35 7,785.08
Annual 76,857.66 80,700.26 84,735.25 88,972.21 93,420.91 26J Crime Scene Investigator I - - - - - -
Hourly 37.5084 39.3838 41.3530 43.4207 45.5918
Bi-weekly 3,000.67 3,150.70 3,308.24 3,473.66 3,647.34
Monthly 6,501.46 6,826.53 7,167.85 7,526.26 7,902.58
Annual 78,017.47 81,918.30 86,014.24 90,315.06 94,830.94 30J Assistant Planner - - - - -
Hourly 37.8849 39.7791 41.7682 43.8564 46.0493
Bi-weekly 3,030.79 3,182.33 3,341.46 3,508.51 3,683.94
Monthly 6,566.72 6,895.04 7,239.82 7,601.78 7,981.88
Annual 78,800.59 82,740.53 86,877.86 91,221.31 95,782.54 40J Building Inspector I - - - - -
Engineering Technician II - - - - -
Fire Prevention Inspector - - - - -
Housing Specialist Supervisor - - - - -
Hourly 38.8428 40.7848 42.8241 44.9654 47.2138
Bi-weekly 3,107.42 3,262.78 3,425.93 3,597.23 3,777.10
Monthly 6,732.75 7,069.37 7,422.84 7,794.00 8,183.73
Annual 80,793.02 84,832.38 89,074.13 93,528.03 98,204.70 41J Traffic and Lighting Technician II - - - - -
Hourly 38.9398 40.8868 42.9310 45.0776 47.3315
Bi-weekly 3,115.18 3,270.94 3,434.48 3,606.21 3,786.52
Monthly 6,749.57 7,087.05 7,441.37 7,813.45 8,204.13
Annual 80,994.78 85,044.54 89,296.48 93,761.41 98,449.52 46J Utility Mechanic I - - - - -
Hourly 39.4290 41.4006 43.4705 45.6439 47.9263
Bi-weekly 3,154.32 3,312.05 3,477.64 3,651.51 3,834.10
Monthly 6,834.36 7,176.10 7,534.89 7,911.61 8,307.23
Annual 82,012.32 86,113.25 90,418.64 94,939.31 99,686.70 50J Construction Inspector I - - - - -
IS Services Specialist - - - - -
Hourly 39.8247 41.8160 43.9068 46.1021 48.4072
Bi-weekly 3,185.98 3,345.28 3,512.54 3,688.17 3,872.58
Monthly 6,902.95 7,248.11 7,610.51 7,991.03 8,390.58
Annual 82,835.38 86,977.28 91,326.14 95,892.37 100,686.98 59J Laboratory Analyst II - - - - -
Hourly 40.7298 42.7663 44.9047 47.1499 49.5075
Bi-weekly 3,258.38 3,421.30 3,592.38 3,771.99 3,960.60
Monthly 7,059.83 7,412.83 7,783.48 8,172.65 8,581.30
Annual 84,717.98 88,953.90 93,401.78 98,071.79 102,975.60 60J GIS Specialist I - - - - -
Hourly 40.8317 42.8733 45.0169 47.2677 49.6312
Bi-weekly 3,266.54 3,429.86 3,601.35 3,781.42 3,970.50
Monthly 7,077.50 7,431.37 7,802.93 8,193.07 8,602.74
Annual 84,929.94 89,176.46 93,635.15 98,316.82 103,232.90 63J Communications Operator II - - - - -
Hourly 41.1387 43.1956 45.3554 47.6233 50.0043
Bi-weekly 3,291.10 3,455.65 3,628.43 3,809.86 4,000.34
Monthly 7,130.71 7,487.24 7,861.60 8,254.71 8,667.41
Annual 85,568.50 89,846.85 94,339.23 99,056.46 104,008.94 64J Crime Analyst - - - - -

Page 624 of 826 ends

Add:

Construction Inspector Series
IBEW Salary Schedule
December 27, 2025
Hourly 41.2416 43.3035 45.4688 47.7422 50.1293
Bi-weekly 3,299.33 3,464.28 3,637.50 3,819.38 4,010.34
Monthly 7,148.54 7,505.94 7,881.26 8,275.32 8,689.08
Annual 85,782.53 90,071.28 94,575.10 99,303.78 104,268.94 65J Crime Scene Investigator II - - - - - -
Hourly 41.3446 43.4119 45.5825 47.8616 50.2547
Bi-weekly 3,307.57 3,472.95 3,646.60 3,828.93 4,020.38
Monthly 7,166.40 7,524.73 7,900.97 8,296.01 8,710.82
Annual 85,996.77 90,296.75 94,811.60 99,552.13 104,529.78 66J Instrument Technician I - - - - -
Hourly 41.4480 43.5204 45.6964 47.9813 50.3804
Bi-weekly 3,315.84 3,481.63 3,655.71 3,838.50 4,030.43
Monthly 7,184.32 7,543.54 7,920.71 8,316.76 8,732.60
Annual 86,211.84 90,522.43 95,048.51 99,801.10 104,791.23 70J Associate Planner - - - - -
Building Inspector II - - - - -
Hourly 41.8641 43.9572 46.1552 48.4629 50.8859
Bi-weekly 3,349.13 3,516.58 3,692.42 3,877.03 4,070.87
Monthly 7,256.44 7,619.25 8,000.24 8,400.24 8,820.22
Annual 87,077.33 91,430.98 96,002.82 100,802.83 105,842.67 75J Police Records Supervisor - - - - -
Hourly 42.3900 44.5094 46.7350 49.0716 51.5252
Bi-weekly 3,391.20 3,560.75 3,738.80 3,925.73 4,122.02
Monthly 7,347.60 7,714.96 8,100.73 8,505.74 8,931.04
Annual 88,171.20 92,579.55 97,208.80 102,068.93 107,172.42 77J Accountant - - - - -
Marina Supervisor - - - - -
Public Works Supervisor - - - - -
Hourly 42.6022 44.7322 46.9689 49.3173 51.7832
Bi-weekly 3,408.18 3,578.58 3,757.51 3,945.38 4,142.66
Monthly 7,384.38 7,753.58 8,141.28 8,548.33 8,975.76
Annual 88,612.58 93,042.98 97,695.31 102,579.98 107,709.06 79J Equipment Maintenance Supervisor - - - - -
Landscape Inspector - - - - -
Landscape Supervisor - - - - -
Senior Engineering Technician - - - - -
Hourly 42.8155 44.9563 47.2040 49.5642 52.0425
Bi-weekly 3,425.24 3,596.50 3,776.32 3,965.14 4,163.40
Monthly 7,421.35 7,792.43 8,182.03 8,591.13 9,020.70
Annual 89,056.24 93,509.10 98,184.32 103,093.54 108,248.40 88J Utility Mechanic II - - - - -
Hourly 43.7885 45.9778 48.2768 50.6907 53.2252
Bi-weekly 3,503.08 3,678.22 3,862.14 4,055.26 4,258.02
Monthly 7,590.01 7,969.49 8,367.98 8,786.39 9,225.70
Annual 91,080.08 95,633.82 100,415.74 105,436.66 110,708.42 91J Construction Inspector II - - - - -
Hourly 44.1176 46.3235 48.6397 51.0717 53.6252
Bi-weekly 3,529.41 3,705.88 3,891.18 4,085.74 4,290.02
Monthly 7,647.05 8,029.41 8,430.88 8,852.43 9,295.04
Annual 91,764.61 96,352.88 101,170.58 106,229.14 111,540.42 98J Utility Supervisor - - - - -
Water Quality Analyst - - - - -
Hourly 44.8956 47.1405 49.4974 51.9724 54.5709
Bi-weekly 3,591.65 3,771.24 3,959.79 4,157.79 4,365.67
Monthly 7,781.90 8,171.02 8,579.55 9,008.55 9,458.96
Annual 93,382.85 98,052.24 102,954.59 108,102.59 113,507.47 99J GIS Specialist II - - - - -
Senior Building Inspector - - - - -
Hourly 45.0079 47.2582 49.6211 52.1022 54.7072
Bi-weekly 3,600.63 3,780.66 3,969.69 4,168.18 4,376.58
Monthly 7,801.37 8,191.42 8,600.99 9,031.05 9,482.58

Page 625 of 826 ends

Add:

Construction Inspector Series
IBEW Salary Schedule
December 27, 2025
Annual 93,616.43 98,297.06 103,211.89 108,372.58 113,790.98 05K Senior Crime Scene Investigator - - - - - -
Hourly 45.5733 47.8520 50.2446 52.7567 55.3946
Bi-weekly 3,645.86 3,828.16 4,019.57 4,220.54 4,431.57
Monthly 7,899.37 8,294.35 8,709.06 9,144.50 9,601.73
Annual 94,792.46 99,532.16 104,508.77 109,733.94 115,220.77 09K Instrument Technician II - - - - -
Hourly 46.0306 48.3322 50.7488 53.2861 55.9505
Bi-weekly 3,682.45 3,866.58 4,059.90 4,262.89 4,476.04
Monthly 7,978.64 8,377.58 8,796.46 9,236.26 9,698.09
Annual 95,743.65 100,530.98 105,557.50 110,835.09 116,377.04 10K Senior Code Enforcement Officer - - - - -
Hourly 46.1457 48.4531 50.8758 53.4197 56.0906
Bi-weekly 3,691.66 3,876.25 4,070.06 4,273.58 4,487.25
Monthly 7,998.59 8,398.54 8,818.47 9,259.42 9,722.37
Annual 95,983.06 100,782.45 105,821.66 111,112.98 116,668.45 12K Community Development Analyst I - - - - -
Hourly 46.3767 48.6955 51.1304 53.6868 56.3711
Bi-weekly 3,710.14 3,895.64 4,090.43 4,294.94 4,509.69
Monthly 8,038.63 8,440.55 8,862.60 9,305.71 9,770.99
Annual 96,463.54 101,286.64 106,351.23 111,668.54 117,251.89 20K Assistant Engineer - - - - -
Forensic Analyst - - - - -
Senior Landscape Inspector - - - - -
Hourly 47.3124 49.6781 52.1621 54.7699 57.5085
Bi-weekly 3,784.99 3,974.25 4,172.97 4,381.59 4,600.68
Monthly 8,200.82 8,610.87 9,041.43 9,493.45 9,968.14
Annual 98,409.79 103,330.45 108,497.17 113,921.39 119,617.68 28K Senior Utility Mechanic - - - - -
Hourly 48.2670 50.6804 53.2144 55.8751 58.6690
Bi-weekly 3,861.36 4,054.43 4,257.15 4,470.01 4,693.52
Monthly 8,366.28 8,784.60 9,223.83 9,685.02 10,169.29
Annual 100,395.36 105,415.23 110,685.95 116,220.21 122,031.52 31K Senior Construction Inspector - - - - -
Hourly 48.6300 51.0615 53.6146 56.2952 59.1101
Bi-weekly 3,890.40 4,084.92 4,289.17 4,503.62 4,728.81
Monthly 8,429.20 8,850.66 9,293.20 9,757.84 10,245.75
Annual 101,150.40 106,207.92 111,518.37 117,094.02 122,949.01 32K Communications Supervisor - - - - -
Hourly 48.7516 51.1891 53.7486 56.4359 59.2577
Bi-weekly 3,900.13 4,095.13 4,299.89 4,514.87 4,740.62
Monthly 8,450.28 8,872.78 9,316.42 9,782.22 10,271.34
Annual 101,403.33 106,473.33 111,797.09 117,386.67 123,256.02 37K Payroll Supervisor - - - - -
Senior Accountant - - - - -
Hourly 49.3641 51.8322 54.4237 57.1450 60.0024
Bi-weekly 3,949.13 4,146.58 4,353.90 4,571.60 4,800.19
Monthly 8,556.44 8,984.25 9,433.44 9,905.13 10,400.42
Annual 102,677.33 107,810.98 113,201.30 118,861.60 124,804.99 40K GIS Specialist III - - - - -
Hourly 49.7350 52.2220 54.8331 57.5747 60.4533
Bi-weekly 3,978.80 4,177.76 4,386.65 4,605.98 4,836.26
Monthly 8,620.73 9,051.81 9,504.40 9,979.62 10,478.57
Annual 103,448.80 108,621.76 114,052.85 119,755.38 125,742.86 47K Senior Instrument Technician - - - - -
Hourly 50.6120 53.1426 55.7998 58.5899 61.5193
Bi-weekly 4,048.96 4,251.41 4,463.98 4,687.19 4,921.54
Monthly 8,772.75 9,211.38 9,671.97 10,155.58 10,663.35
Annual 105,272.96 110,536.61 116,063.58 121,866.99 127,960.14 50K Water Treatment Plant Operator - - - - -
Hourly 50.9926 53.5422 56.2195 59.0305 61.9819

Page 626 of 826 ends

Add:

Construction Inspector Series
IBEW Salary Schedule
December 27, 2025
Bi-weekly 4,079.41 4,283.38 4,497.56 4,722.44 4,958.55
Monthly 8,838.72 9,280.65 9,744.71 10,231.95 10,743.53
Annual 106,064.61 111,367.78 116,936.56 122,783.44 128,922.35 51K Community Development Analyst II - - - - -
Hourly 51.1202 53.6761 56.3599 59.1779 62.1369
Bi-weekly 4,089.62 4,294.09 4,508.79 4,734.23 4,970.95
Monthly 8,860.84 9,303.86 9,769.05 10,257.50 10,770.40
Annual 106,330.02 111,646.29 117,228.59 123,090.03 129,244.75 54K Building Plans Examiner Hourly 51.5045 54.0795 56.7836 59.6228 62.6038 Bi-weekly 4,120.36 4,326.36 4,542.69 4,769.82 5,008.30
Monthly 8,927.45 9,373.78 9,842.49 10,334.62 10,851.33
Annual 107,129.36 112,485.36 118,109.89 124,015.42 130,215.90 70K Senior Water Treatment Plant Operator - - - - -
Building Plan Engineer - - - - -
Hourly 53.6038 56.2838 59.0980 62.0528 65.1554
Bi-weekly 4,288.30 4,502.70 4,727.84 4,964.22 5,212.43
Monthly 9,291.33 9,755.86 10,243.65 10,755.82 11,293.60 Annual 111,495.90 117,070.30 122,923.84 129,069.82 135,523.23 79K Associate Civil Engineer - - - - -
Building Inspection Supervisor - - - - -
Plan Check Engineer - - - - -
Hourly 54.8219 57.5630 60.4410 63.4632 66.6363
Bi-weekly 4,385.75 4,605.04 4,835.28 5,077.06 5,330.90
Monthly 9,502.46 9,977.59 10,476.44 11,000.29 11,550.29 Annual 114,029.55 119,731.04 125,717.28 132,003.46 138,603.50 10L Water Treatment Plant Supervisor - - - - -
Water Treatment Regulatory Compliance Officer - - - - - Hourly 59.0861 62.0405 65.1425 68.3995 71.8195
Bi-weekly 4,726.89 4,963.24 5,211.40 5,471.96 5,745.56
Monthly 10,241.59 10,753.69 11,291.37 11,855.91 12,448.71 Annual 122,899.09 129,044.24 135,496.40 142,270.96 149,384.56 12L Senior Community Development Analyst - - - - -
Hourly 59.3820 62.3512 65.4687 68.7421 72.1793
Bi-weekly 4,750.56 4,988.10 5,237.50 5,499.37 5,774.34
Monthly 10,292.88 10,807.54 11,347.91 11,915.30 12,511.08 Annual 123,514.56 129,690.50 136,174.90 142,983.57 150,132.94 20L Senior Civil Engineer - - - - -
Hourly 60.5801 63.6090 66.7896 70.1290 73.6353
Bi-weekly 4,846.41 5,088.72 5,343.17 5,610.32 5,890.82
Monthly 10,500.55 11,025.56 11,576.86 12,155.69 12,763.45 Annual 126,006.61 132,306.72 138,922.37 145,868.32 153,161.42 58L Traffic Engineer - - - - -
Hourly 66.6095 69.9400 73.4370 77.1089 80.9643
Bi-weekly 5,328.76 5,595.20 5,874.96 6,168.71 6,477.14
Monthly 11,545.65 12,122.93 12,729.08 13,365.54 14,033.81 Annual 138,547.76 145,475.20 152,748.96 160,386.51 168,405.74

Page 627 of 826 ends

Appendix: Personnel Summary
Public Works Department
Not Changes Changes
Group Amended Amended Adopted Amended Changes Adopted Budgeted 12/9/2025 12/16/2025 GENERAL FUND:

ADMINISTRATION
Public Works Director EXEC 1.00 1.00 1.00 1.00 - 1.00 - - - Administrative Manager CAMP 1.00 1.00 1.00 1.00 - 1.00 - - - Real Property & Lease Manager CAMP 1.00 1.00 1.00 1.00 - 1.00 - - - Environmental Services Manager CAMP 1.00 1.00 1.00 1.00 - 1.00 - - - Transportation Superintendent CAMP 1.00 1.00 1.00 1.00 - 1.00 - - - Executive Secretary-C CAMP 1.00 1.00 1.00 1.00 - 1.00 - - - Customer Service Representative IBEW 1.00 1.00 1.00 1.00 - 1.00 - - - Administrative Analyst II CAMP 1.00 1.00 1.00 1.00 - 1.00 - - - Senior Accountant IBEW 1.00 1.00 1.00 1.00 - 1.00 - - - Total Administration 9.00 9.00 9.00 9.00 - 9.00 - - -

ENGINEERING
Assistant PW Director - City Engineer EXEC 1.00 1.00 1.00 1.00 - 1.00 - - - Administrative Analyst II CAMP 1.00 1.00 1.00 1.00 - 1.00 - - - Senior Civil Engineer IBEW 2.00 2.00 2.00 2.00 - 2.00 - - - Assistant Eng/Associate Civil Engineer IBEW 7.00 7.00 7.00 7.00 - 7.00 - - - Traffic Engineer IBEW 1.00 1.00 1.00 1.00 - 1.00 - - -
Senior Engineering Technician IBEW 1.00 1.00 1.00 1.00 - 1.00 - - 1.00 Senior Construction Inspector IBEW - - - - - - - - (1.00) Secretary IBEW 1.00 1.00 1.00 1.00 - 1.00 - - -
Engineering Technician II IBEW 5.00 5.00 5.00 5.00 - 5.00 - - (5.00) Construction Inspector II IBEW - - - - - - - - 5.00
Landscape Inspector IBEW - 1.00 1.00 1.00 - 1.00 - - -
Total Engineering 19.00 20.00 20.00 20.00 - 20.00 - - -

MAINTENANCE ADMINISTRATION
Assistant PW Director - Maintenance EXEC 1.00 1.00 1.00 1.00 - 1.00 - - - Assistant Maintenance Superintendent CAMP 1.00 1.00 1.00 1.00 - 1.00 - - - Building Supervisor IBEW 1.00 1.00 1.00 1.00 - 1.00 - - - Public Works Supervisor IBEW 3.00 3.00 3.00 3.00 - 3.00 - - - Senior Public Works Maintenance Worker IBEW 5.00 5.00 5.00 5.00 - 5.00 - - - Maintenance Worker I/II IBEW 18.00 18.00 18.00 18.00 - 18.00 - - - Senior Building Maintenance Worker IBEW 1.00 1.00 1.00 1.00 - 1.00 - - - Building Maintenance Worker II IBEW 3.00 3.00 3.00 3.00 - 3.00 - - - Heavy Equipment Operator IBEW 2.00 2.00 2.00 2.00 - 2.00 - - - Electrician IBEW 2.00 2.00 2.00 2.00 - 2.00 - - -
Traffic & Lighting Tech II IBEW 2.00 2.00 2.00 2.00 - 2.00 - - - Secretary IBEW 1.00 1.00 1.00 1.00 - 1.00 - - -
Landscape Inspector IBEW 1.00 - - - - - - - -
Accounting Clerk II IBEW 2.00 2.00 2.00 2.00 - 2.00 - - - Asset Manager CAMP 0.50 0.50 0.50 0.50 - 0.50 - - -
Customer Service Representative IBEW 1.00 1.00 1.00 1.00 - 1.00 - - - Total Maintenance 44.50 43.50 43.50 43.50 - 43.50 - - -

RECYCLING PROGRAM
Administrative Analyst II CAMP 1.00 1.00 1.00 1.00 - 1.00 - - - Total Recycling Program 1.00 1.00 1.00 1.00 - 1.00 - - - Total Public Works (General Fund) 73.50 73.50 73.50 73.50 - 73.50 - - - FY 2022-2023 FY 2023-2024 FY 2024-2025 FY 2025-2026

Page 628 of 826 ends

CONSENT CALENDAR 8.N.

DATE: December 16, 2025
TO: Mayor and Members of the City Council
FROM: Oscar Alcantar, Interim Public Works Director
SUBJECT: ADOPT A RESOLUTION APPROVING THE AB 1600 ANNUAL DEVELOPMENT IMPACT

FEE REPORTS FOR THE NEIGHBORHOOD PARKS IMPACT MITIGATION FEE FUND 137, TRANSPORTATION IMPACT MITIGATION FEE FUND 203, AND THE HIDDENBROOKE OVERPASS MITIGATION FEE FUND 211 FOR THE FISCAL YEAR ENDED JUNE 30, 2025

RECOMMENDATION
Adopt a Resolution approving the AB 1600 annual development impact fee reports for the Neighborhood Parks Impact Mitigation Fee Fund 137, Transportation Impact Mitigation Fee Fund 203, and the Hiddenbrooke Overpass Mitigation Fee Fund 211 for the fiscal year ended June 30, 2025.

REASONS FOR RECOMMENDATION
The City is authorized by state law to adopt and collect development impact fees from new development to fund public improvements and services that support the new development. The City of Vallejo collects three development impact fees — the Neighborhood Parks Impact Mitigation Fee, the Transportation Impact Mitigation Fee, and the Hiddenbrooke Overpass Mitigation Fee.

BACKGROUND AND DISCUSSION
The City of Vallejo imposes development impact fees on development projects to mitigate the impacts of new development. California Government Code Section 66000 et seq. (“Mitigation Fee Act” also known as AB 1600) requires the City to provide an annual report within 180 days after the last day of each fiscal year on the status of any development fees collected. Specifically, the annual report must include:
• A brief description of the development fee in the fund; • The beginning and ending balance of the fund;
• The amount of the fees collected and the interest earned; • An identification of each public improvement on which fees were expended and the amount of the expenditure, including the total percentage of the cost of the public improvement that was funded with the fees;
• An identification of an approximate date by which the construction of the public improvement will commence if the local agency determines that sufficient funds have been collected to complete financing on an incomplete public improvement, and the public improvement remains incomplete; • An identification of each public improvement identified in a previous report as incomplete and whether construction began on the approximate date as noted in said report and, if it did not, the reason for the delay and a revised approximate date for the commencement of construction; • A description of interfund transfers from the fund, if any; and • The amount of refunds, if any.

The Act further requires the City to make five-year findings for the fifth fiscal year following the first deposit into the account or fund, and every five years thereafter, with respect to any portion of the account or fund that

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Date: December 16, 2025
Subject: ADOPT A RESOLUTION APPROVING THE AB 1600 ANNUAL DEVELOPMENT IMPACT

FEE REPORTS FOR THE NEIGHBORHOOD PARKS IMPACT MITIGATION FEE FUND 137, TRANSPORTATION IMPACT MITIGATION FEE FUND 203, AND THE HIDDENBROOKE OVERPASS MITIGATION FEE FUND 211 FOR THE FISCAL YEAR ENDED JUNE 30, 2025

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remains unexpended.

The beginning balance of the Neighborhood Parks Impact Mitigation fund (Fund 137) was $3,278,331. Development fees totaling $68,581 were collected. The amount of interest earned was $160,609. $976,808 was expended through reimbursements to the Greater Vallejo Recreation District for park improvements. As of June 30, 2025, the remaining fund balance was $2,530,713.

The beginning balance of the Transportation Impact Mitigation Fee (Fund 203) was $5,691,453. Development fees totaling $331,431 were collected. The amount of interest earned was $295,457. These funds are budgeted for various roadway improvement projects in the City's Capital Improvement Program (CIP). As of June 30, 2025, the remaining fund balance was $6,009,436.

The beginning balance of the Hiddenbrooke Overpass Mitigation Fee (Fund 211) was $6,912,193. No development fees were collected during the 2024-25 fiscal year. The amount of interest earned was $363,084.

These funds are budgeted for the Interstate 80 on/off ramp improvements at Hiddenbrooke Parkway (CIP Project Nos. PW9446 and PW9967). The design for this project is currently at 100% completion. Caltrans has completed its review of the plans and provided comments, which the City is now addressing. Once the revisions are made, the updated plans will be resubmitted to Caltrans for final approval. It is anticipated project construction will begin in Fiscal Year 2026-27. As of June 30, 2025, the remaining fund balance was $6,947,961.

Attached to this staff report is the information on each of the City's three development impact fees, including the current fee schedule and description of the basis for the fee; revenue collected, interest earned; expenditures and fund balances for the beginning and end of the fiscal year; and a description of the projects funded.

FISCAL IMPACT
Accepting the annual reports results has no financial impact.

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

ATTACHMENTS

1. Resolution- AB1600 - FY 24-25_CAO Stamp

2. Attach: 1 Parks Fund 137 - AB1600 - FY24-25

3. Attach: 2 Transportation Fund 203 - AB1600 - FY 24-25

4. Attach: 3 Hiddenbrooke Fund 211 - AB1600 - FY 24-25

CONTACT
Oscar Alcantar, Interim Public Works Director (707) 648-4433 [email protected]

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RESOLUTION NO. 25-_

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VALLEJO APPROVING THE AB 1600 ANNUAL DEVELOPMENT IMPACT FEE REPORTS FOR
THE NEIGHBORHOOD PARKS IMPACT MITIGATION FEE FUND 137,
TRANSPORTATION IMPACT MITIGATION FEE FUND 203, AND THE HIDDENBROOKE OVERPASS MITIGATION FEE FUND 211 FOR THE FISCAL YEAR ENDED JUNE 30, 2025 WHEREAS, the City of Vallejo has adopted certain fees designed to mitigate the impacts of new development in the City on transportation, housing, and parks and has established separate funds for the collection of said fees; and
WHEREAS, pursuant to Section 66006(b) of the Mitigation Fee Act (Government Code Section 66000 et seq., “the Act”) the City is required to make specified information regarding each fund available to the public within 180 days after the last day of the prior fiscal year; and WHEREAS, the annual Development Impact Fee Reports for the fiscal year ending June 30, 2025, attached hereto, include all of the required information specified in Section 66006(b) of the Act and are posted on the City’s website.

NOW, THEREFORE, BE IT RESOLVED that the City Council hereby approves the Annual Development Impact Fee Reports for the fiscal year ending June 30, 2025, for the Neighborhood Parks Impact Mitigation Fee Fund 137, Transportation Impact Mitigation Fee Fund 203, and Hiddenbrooke Overpass Mitigation Fee Fund 211.

ADOPTED BY THE CITY COUNCIL OF THE CITY OF VALLEJO at a regular meeting held on December 16, 2025, with the following vote:

AYES:

NOES:

ABSENT:

ANDREA SORCE, MAYOR
ATTEST

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DAWN G. ABRAHAMSON, CITY CLERK

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City of Vallejo
AB1600 Fee Report
Fiscal Year End June 30, 2025
Fund 137
Neighborhood Parks Impact Mitigation Fee
The purpose of this fee is to provide funds to assist in paying the cost of additional park land and park improvements needed to serve the residents within the City.

Fiscal Year 2024-2025 Fee Schedule
Single Family
Detached
(per unit)
Single Family
Attached
(per unit)
Duplex
(per unit)
Multiple Family
(3 or more units)
(per unit)
Mobile Home
(per unit)
$16,977.89 $15,308.46 $13,860.59 $11,632.86 $10,186.08

DESCRIPTION
FY 2024-2025
Reimbursements
Reimbursements to Greater Vallejo Recreation
District for Park Improvements $ 976,808
FINANCIAL DATA FY 2024-25
Beginning Fund Balance $ 3,278,331
Revenue
Developer Fees $ 68,581
Interest Income $ 160,609
Other Revenue $ 0
Total Revenue $ 229,190
Total Expenditures $ 976,808
Total Available $ 2,530,713

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City of Vallejo
AB1600 Fee Report
Fiscal Year End June 30, 2025
Fund 203
Transportation Impact Mitigation Fee - Fund 203
The purpose of this fee is to fund the modification or improvement to existing transportation facilities and to fund construction of new transportation facilities in the form of new streets, bridges, signals and other improvements to maintain existing levels of service required to mitigate the impact of new residential, commercial and industrial development.

Fiscal Year 2024-2025 Fee Schedule
Single Family
(per unit)
Multi-Family
(per unit)
Motels/Hotels
(per unit)
Commercial
(per square foot)
Industrial
(per square
foot)
$8,633 $4,854 $4,854 $4.07 $2.03
DESCRIPTION Approved
Project
Budget
Approved
Project
Budget Funded
with Fee
Total Project
Expenditures
(All Funding
Sources)
% of
Project
Funded
with Fee
PW9471 – Traffic Calming Toolbox $ 384,013.00 $ 31,782.27 $ 230,249.15 8% PW9420 - Erosion Control $ 200,000.00 $ 200,000.00 $ 0 100% PW9421 - Turner Parkway Improvements $ 200,000.00 $ 200,000.00 $ 0 100% PW9422 - Frontage Lane Traffic Signals $ 200,000.00 $ 200,000.00 $ 0 100% PW9701- Admiral Callaghan Lane Widening $ 491,978.00 $ 400,000.00 $ 0 81% PW9729 – Sacramento Street Road Diet $ 1,670,390.00 $ 429,678.00 $ 1,670,389.67 26% PW9730 - Citywide Road Diet Study $ 26,168.00 $ 26,168.00 $ 22,800.00 100% PW9731 – Redwood Street Road Diet $1,631,882.00 $1,627,392.61 $ 125,000.00 100% PW9735 – HSIP 5 Intersections Imp $796,000.00 $250,000.00 $738,105.70 31% PW9736 - HSIP 6 Pedestrian Crossing Imp $ 1,985,800 $ 400,000.00 $616,085.00 20% PW9763 – HSIP Sonoma Blvd Road Diet $948,606.00 $383,049.00 $383,047.60 40% Total Budgeted Funds $8,534,837.00 $4,148,069.88 $3,785,677.52 All Transportation Impact Mitigation Fee funds for the projects identified above, including the entire unexpended fee, have been deposited in the Transportation Impact Mitigation Fund, which is the appropriate fund for these projects.

FINANCIAL DATA FY 2024-25
Beginning Fund Balance $ 5,691,453
Revenue
Developer Fees $ 331,431
Interest Income $ 295,457
Other Revenue $ 0
Total Revenue $ 626,888
Total Expenditures $ 308,905
Total Available $ 6,009,436

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City of Vallejo
AB1600 Fee Report
Fiscal Year End June 30, 2025
Fund 211
Hiddenbrooke Overpass Mitigation Fee - Fund 203
The purpose of this fee is to fund improvements to the existing Hiddenbrooke overpass required to mitigate the impact of new residential development within the Hiddenbrooke development area.

FY 2024-2025 Fee
Hiddenbrooke
Overpass
Mitigation Fee
(per unit)
$6,000
DESCRIPTION Estimated
Project
Cost
Total
Current Project
Budget *
FY 00/01-FY 24/25
Project
Expenditures
FY 00/01-FY 24/25
% of
Project
Funded
with Fee
Hiddenbrooke Overpass Project
(PW9667 – Overpass Study)
(PW9446 – Overpass Improvement)
$ 8,000,000 $ 2,826,000 $ 2,637,011 100%
All Hiddenbrooke Overpass Mitigation Fee funds for the project identified above, including the entire unexpended fee, have been deposited in the Hiddenbrooke Overpass Mitigation Fund, which is the appropriate fund for this project.

FINANCIAL DATA FY 2024-25
Beginning Fund Balance $ 6,912,193
Revenue
Developer Fees $ 0
Interest Income $ 363,084
Other Revenue $ 47,975
Total Revenue $ 411,059
Total Expenditures
Transfers In/(Out)
$ 356,405
($ 18,886)
Total Available $ 6,947,961

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City of Vallejo
AB1600 Fee Report
Fiscal Year End June 30, 2025
Fund 203
Transportation Impact Mitigation Fee - Fund 203
The purpose of this fee is to fund the modification or improvement to existing transportation facilities and to fund construction of new transportation facilities in the form of new streets, bridges, signals and other improvements to maintain existing levels of service required to mitigate the impact of new residential, commercial and industrial development.

Fiscal Year 2024-2025 Fee Schedule
Single Family
(per unit)
Multi-Family
(per unit)
Motels/Hotels
(per unit)
Commercial
(per square foot)
Industrial
(per square
foot)
$8,633 $4,854 $4,854 $4.07 $2.03
DESCRIPTION Approved
Project
Budget
Approved
Project
Budget Funded
with Fee
Total Project
Expenditures
(All Funding
Sources)
% of
Project
Funded
with Fee
PW9471 – Traffic Calming Toolbox $ 384,013.00 $ 31,782.27 $ 230,249.15 8% PW9420 - Erosion Control $ 200,000.00 $ 200,000.00 $ 0 100% PW9421 - Turner Parkway Improvements $ 200,000.00 $ 200,000.00 $ 0 100% PW9422 - Frontage Lane Traffic Signals $ 200,000.00 $ 200,000.00 $ 0 100% PW9701- Admiral Callaghan Lane Widening $ 491,978.00 $ 400,000.00 $ 0 81% PW9729 – Sacramento Street Road Diet $ 1,670,390.00 $ 429,678.00 $ 1,670,389.67 26% PW9730 - Citywide Road Diet Study $ 26,168.00 $ 26,168.00 $ 22,800.00 100% PW9731 – Redwood Street Road Diet $1,631,882.00 $1,627,392.61 $ 125,000.00 100% PW9735 – HSIP 5 Intersections Imp $796,000.00 $250,000.00 $738,105.70 31% PW9736 - HSIP 6 Pedestrian Crossing Imp $ 1,985,800 $ 400,000.00 $616,085.00 20% PW9763 – HSIP Sonoma Blvd Road Diet $948,606.00 $383,049.00 $383,047.60 40% Total Budgeted Funds $8,534,837.00 $4,148,069.88 $3,785,677.52 All Transportation Impact Mitigation Fee funds for the projects identified above, including the entire unexpended fee, have been deposited in the Transportation Impact Mitigation Fund, which is the appropriate fund for these projects.

FINANCIAL DATA FY 2024-25
Beginning Fund Balance $ 5,691,453
Revenue
Developer Fees $ 331,431
Interest Income $ 295,457
Other Revenue $ 0
Total Revenue $ 626,888
Total Expenditures $ 308,905
Total Available $ 6,009,436

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City of Vallejo
AB1600 Fee Report
Fiscal Year End June 30, 2025
Fund 211
Hiddenbrooke Overpass Mitigation Fee - Fund 203
The purpose of this fee is to fund improvements to the existing Hiddenbrooke overpass required to mitigate the impact of new residential development within the Hiddenbrooke development area.

FY 2024-2025 Fee
Hiddenbrooke
Overpass
Mitigation Fee
(per unit)
$6,000
DESCRIPTION Estimated
Project
Cost
Total
Current Project
Budget *
FY 00/01-FY 24/25
Project
Expenditures
FY 00/01-FY 24/25
% of
Project
Funded
with Fee
Hiddenbrooke Overpass Project
(PW9667 – Overpass Study)
(PW9446 – Overpass Improvement)
$ 8,000,000 $ 2,826,000 $ 2,637,011 100%
All Hiddenbrooke Overpass Mitigation Fee funds for the project identified above, including the entire unexpended fee, have been deposited in the Hiddenbrooke Overpass Mitigation Fund, which is the appropriate fund for this project.

FINANCIAL DATA FY 2024-25
Beginning Fund Balance $ 6,912,193
Revenue
Developer Fees $ 0
Interest Income $ 363,084
Other Revenue $ 47,975
Total Revenue $ 411,059
Total Expenditures
Transfers In/(Out)
$ 356,405
($ 18,886)
Total Available $ 6,947,961

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CONSENT CALENDAR 8.O.

DATE: December 16, 2025
TO: Mayor and Members of the City Council
FROM: Beth Schoenberger, Water Director
SUBJECT: ADOPT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VALLEJO

APPROVING A FIRST AMENDMENT TO THE COOPERATIVE AGREEMENT WITH CINTAS CORPORATION NO. 2 INCREASING THE NOT-TO-EXCEED BY $100,000 TO A NEW TOTAL OF $200,000 AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE SAME

RECOMMENDATION
Adopt a resolution of the City Council of the City of Vallejo approving a First Amendment to the Cooperative Agreement with Cintas Corporation No. 2 (“Cintas”) increasing the not-to-exceed by $100,000 to a new total of $200,000 and authorizing the City Manager to execute the same.

REASONS FOR RECOMMENDATION
Staff recommend approving this First Amendment with Cintas increasing the not-to-exceed amount by $100,000 to continue receiving services for employee uniforms and related supplies. This agreement represents a coordinated effort among Public Works and Water Department staff to ensure consistent quantity and quality of uniforms and related services. By consolidating uniform services under one vendor while maintaining flexibility for each division to manage its own needs, the City will ensure reliable, safety-compliant uniforms, consistent standards, streamlined management, and improved customer support.

BACKGROUND AND DISCUSSION
The City provides uniforms for use by employees in specific positions per the terms of its employment agreements. In addition to uniforms, Cintas also provides floor mats, shop rags, locker room supplies, and the services necessary to clean, repair, and replace items provided. Cintas services are used by the Water Department and the Public Works Department. The proposed amendment to the existing contract reflects a joint effort between Public Works and Water.

Since 2022, the need for Cintas' services has grown, as additional City staff and related facilities have required uniforms and the other services that Cintas provides, which has increased the anticipated spending amount with Cintas. By consolidating uniform services under one vendor while maintaining flexibility for each division to manage its own needs, the City will ensure reliable, safety-compliant uniforms, consistent standards, streamlined management, and improved customer support.

To provide the most efficient uniform services, Cintas was selected through a Cooperative Agreement bidding process in October 2022. The services provided by Cintas are available through the Omnia Partners Program, which allows the City to “piggyback” on contracts for services that have been put out to bid by other agencies, in accordance with public bidding requirements. This process saves the City the time and effort of having to put a service out to bid on its own and allows access to beneficial terms of contracts previously optimized by other public agencies. In accordance with the City of Vallejo Municipal Code (“VMC”) Title 3, Chapter 3.20.090.A.7, services obtained through cooperative agreements, are exempt from the competitive purchasing requirements, so long as substantial compliance with Chapter 3.20 is achieved.

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Date: December 16, 2025
Subject: ADOPT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VALLEJO

APPROVING A FIRST AMENDMENT TO THE COOPERATIVE AGREEMENT WITH CINTAS CORPORATION NO. 2 INCREASING THE NOT-TO-EXCEED BY $100,000 TO A NEW TOTAL OF $200,000 AND AUTHORIZING THE CITY MANAGER TO

EXECUTE THE SAME

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A $100,000 increase in the not-to-exceed amount will be sufficient to pay for services through the end of the Cooperative Agreement in 2027. At that point, City staff will re-evaluate the City’s needs and either go out to bid or find a new Cooperative Agreement to leverage.

FISCAL IMPACT
Funds for these services are already budgeted in each department; the Water Enterprise Fund and the General Fund each have sufficient funds in Fiscal Year 2025-2026 to cover the costs of the First Amendment to the contract.

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

ATTACHMENTS

1. Cintas - First Amendment - Resolution CAO Stamp

2. Cintas - First Amendment to 23PW074 CAO Stamp

3. 23-PW074 CINTAS CORPORATION Cooperative Agreement

4. Cintas - Coop Extension to 23PW074

CONTACT
Beth Schoenberger, Water Director
[email protected]

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Approved as to form:

By: for
Veronica Nebb, City Attorney
RESOLUTION NO. 26-________

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

A FIRST AMENDMENT TO THE COOPERATIVE AGREEMENT WITH CINTAS CORPORATION NO. 2 ADDING A NOT-TO-EXCEED AMOUNT TOTALING $200,000 AND

AUTHORIZING THE CITY MANAGER TO EXECUTE THE SAME
WHEREAS, the City of Vallejo provides uniforms for use by employees in specific positions per the terms of its employment agreements; and
WHEREAS, in addition to uniforms, there are needs for floor mats, shop rags, locker room supplies, and the services necessary to clean, repair, and replace items provided; and WHEREAS, by consolidating uniform services under one vendor while maintaining flexibility for each division to manage its own needs, the City will ensure reliable, safety-compliant uniforms, consistent standards, streamlined management, and improved customer support; and WHEREAS, there has been an increase in City staff and related facilities that required additional uniforms and related services and has increased the anticipated spending amount with Cintas; and
WHEREAS, since 2022, the City has used Cintas through a cooperative agreement exempting it from the competivite purchasing method per VMC 3.20.090.A.7.

NOW THEREFORE, BE IT RESOLVED that the City Council hereby approves a first amendment to the cooperative agreement with Cintas corporation no. 2 adding a not-to-exceed amount of $200,000 for the term of the agreement and authorizing the city manager to execute the same.

Adopted by the Council of the City of Vallejo at a regular meeting held on December 16, 2025, with the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_________________________________________

ANDREA SOURCE, MAYOR
ATTEST: _________________________________________
DAWN G. ABRAHAMSON, CITY CLERK

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First Amendment to Co-Operative Agreement Between City of Vallejo and HACH Company Page 1 of 3 (Revised 01.2019)
Approved as to form:

By: for
Veronica Nebb, City Attorney

FIRST AMENDMENT TO

COOPERATIVE AGREEMENT BETWEEN

CITY OF VALLEJO
AND

CINTAS CORPORATION
This First Amendment to the Co-Operative Agreement and entered into on October 25, 2022, hereafter referred to as Agreement, between the Cintas Corporation No. 2, a Nevada Corporation, therein referred to as Vendor, and the City of Vallejo, a municipal corporation, therein referred to as City, is made and entered into on this 9th day of December 2025.

Vendor and City do mutually agree as follows:

1. Amendment of Addendum A – City of Vallejo. Paragraph 1 of Addendum A “City of Vallejo” of the Agreement is hereby amended to read as follows:

This is to certify that the below listed locations will be added to the agreement between Cintas (Company) & City of Vallejo (Customer). All terms and pricing of the Cintas Service Agreement for City of Vallejo will apply to all locations listed on this addendum, as well as all future locations. City agrees to pay Vendor, at the rate(s) specified below, for those services listed on this Addendum, for a total not-to-exceed amount of Two Hundred Thousand Dollars and Zero Cents ($200,000.00) for the entire term of the Agreement.

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

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

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

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

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First Amendment to Co-Operative Agreement Between City of Vallejo and HACH Company Page 2 of 3 (Revised 01.2019)

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

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First Amendment to Co-Operative Agreement Between City of Vallejo and HACH Company Page 3 of 3 (Revised 01.2019)
IN WITNESS WHEREOF, the parties have entered into this First Amendment on the day and year first hereinabove appearing.

CINTAS COMPANY NO.2,
a Nevada Corporation
BY:

Trevor Brooks
Uniform Sales Representative
DATE:
(City Seal)

CITY OF VALLEJO,
a municipal corporation
BY:

Andrew Murray
City Manager
DATE:

ATTEST:

BY:

Dawn G. Abrahamson
City Clerk
APPROVED AS TO CONTENT:

BY:

Beth Schoenberger
Water Director
APPROVED AS TO FORM:

BY: For
Veronica A.F. Nebb
City Attorney
APPROVED AS TO INSURANCE:

BY:

Armond Sarkis
Risk Manager

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Nov 9, 2022 1:59 PM, 1031832583
Contract and Routing Form
Requisition Number: 1026188952
Date Originated:

Finance Department ∙ 555 Santa Clara Street ∙ Vallejo ∙ CA ∙ 94590 ∙ 707.648.4592 Department: Public Works Departments, Maintenance
Staff Contact: Valentina Morgan, [email protected] Contract Type: Other: Cooperative Agreement
Vendor: Cintas Corporation
Contract Not to Exceed Amount: 100000.00
Contract Start Date: Oct 25, 2022 End Date: Oct 25, 2025 Authority to Contract: City Manager
Attachments are uploaded for review here: https://bit.ly/vContracts Approved Pre-Requisition Form
I have uploaded additional files.Yes
DocuSign Envelope ID: E5FAA095-BE3C-4D14-AA8A-CA56A9105EF2 23-PW074
Vendor Number: 101351

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Contract and Routing Form
Signature Page
Department Initial Date Comment
Originating Department/Division
Risk Manager
Finance Department
City Attorney
City Manager
City Clerk
Return executed contract to: Valentina Morgan
DocuSign Envelope ID: E5FAA095-BE3C-4D14-AA8A-CA56A9105EF2 11/29/2022
11/29/2022
12/1/2022
12/1/2022
12/1/2022
12/1/2022

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DocuSign Envelope ID: E5FAA095-BE3C-4D14-AA8A-CA56A9105EF2

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38K Holder Identifier : 7777777707070700077763616065553330773717447305556707443036773506200072651466047221130736041113063011207562415332674112075262375720767700716223357003235407704411712270130077727252025773110777777707000707007 6666666606060600062606466204446200620002624226220206220204040062002062222042402602220622002426204002206000024062260002062220240402400200602222426006222206220224040222420066646062240664440666666606000606006 Certificate No : 570095116733

CERTIFICATE OF LIABILITY INSURANCE

DATE(MM/DD/YYYY)
08/30/2022
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.

THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. PRODUCER Aon Risk Services Northeast, Inc. c/o Aon Client Services
4 Overlook Point
Lincolnshire IL 60069 USA
PHONE
(A/C. No. Ext): E-MAIL ADDRESS:

INSURER(S) AFFORDING COVERAGE NAIC # (866) 283-7122
INSURED INSURER A: Liberty Mutual Fire Ins Co 23035
INSURER B: LM Insurance Corporation 33600
INSURER C: Liberty Insurance Corporation 42404
INSURER D: Westchester Fire Insurance Company 10030
INSURER E:

INSURER F:

FAX
(A/C. No.): (800) 363-0105
CONTACT NAME: Cintas Corporation and its Subsidiaries
6800 Cintas Blvd
PO Box 625737
Cincinnati OH 45262 USA
COVERAGES CERTIFICATE NUMBER: 570095116733 REVISION NUMBER:

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

CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Limits shown are as requested

POLICY EXP (MM/DD/YYYY) POLICY EFF (MM/DD/YYYY) SUBR WVDINSR LTRADDL

INSD TYPE OF INSURANCE POLICY NUMBER LIMITS COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR

POLICY LOC
EACH OCCURRENCE DAMAGE TO RENTED PREMISES (Ea occurrence) MED EXP (Any one person) PERSONAL & ADV INJURY GENERAL AGGREGATE

PRODUCTS - COMP/OP AGG
X
X
X
X GEN'L AGGREGATE LIMIT APPLIES PER:
$2,000,000
$1,000,000
$5,000
$1,000,000
$2,000,000
$1,000,000
Contractual Liability A TB2651004227092 07/01/2022 07/01/2023 PRO- JECT OTHER: AUTOMOBILE LIABILITY ANY AUTO

OWNED AUTOS ONLY

SCHEDULED
AUTOS

HIRED AUTOS ONLY NON-OWNED AUTOS ONLY
BODILY INJURY ( Per person) PROPERTY DAMAGE
(Per accident) X
X
BODILY INJURY (Per accident)
$5,000,000 A 07/01/2022 07/01/2023
Comp/Coll $0 Ded.

COMBINED SINGLE LIMIT
(Ea accident)
AS2-651-004227-072

EXCESS LIAB

X OCCUR CLAIMS-MADE AGGREGATE
EACH OCCURRENCE DED $5,000,000
$5,000,000
$10,000
07/01/2022 UMBRELLA LIAB D G22035277017 07/01/2023

X RETENTION
X
E.L. DISEASE-EA EMPLOYEE
E.L. DISEASE-POLICY LIMIT E.L. EACH ACCIDENT $2,000,000 X
OTH
- B 07/01/2022 07/01/2023 PER STATUTE C WA765D004227112 07/01/2022 07/01/2023 B WC5651004227122 07/01/2022 07/01/2023
$2,000,000
Y / N
(Mandatory in NH) ANY PROPRIETOR / PARTNER / EXECUTIVE OFFICER/MEMBER EXCLUDED? N / A N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY If yes, describe under DESCRIPTION OF OPERATIONS below $2,000,000 WA565D004227102
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)

CERTIFICATE HOLDER CANCELLATION
City of Vallejo AUTHORIZED REPRESENTATIVE Public Works Department Fleet Maintenance
111 Amador Street
Vallejo CA 94590 USA
ACORD 25 (2016/03)
©1988-2015 ACORD CORPORATION. All rights reserved.

The ACORD name and logo are registered marks of ACORD
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

DocuSign Envelope ID: E5FAA095-BE3C-4D14-AA8A-CA56A9105EF2

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Vallejo Ca 94589 450 Lakeside Dr Vallejo Ca 94589
202 Fleming Hill Rd
City of Vallejo
DocuSign Envelope ID: B5473802-DFC2-40B2-9D0F-32548D256005 November 7, 2022
Melissa L. Tigbao, Public Works Director
DocuSign Envelope ID: E5FAA095-BE3C-4D14-AA8A-CA56A9105EF2

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Page 674 of 826 ends

Omnia Partners Public Sector Participating Public Agencies Terms

1. Participating Public Agencies: Supplier agrees to extend the same terms, covenants agreed to under the Master Agreement with Lead Public Agency Prince William County Public Schools to other government agencies (“Participating Public Agencies”) that, in their discretion, desire to access the Master Agreement in accordance with all terms and conditions contained herein or attached hereto. Each participating Public Agency will be exclusively responsible and deal directly with Supplier on matters relating to length of agreement, ordering, delivery, inspection, acceptance, invoicing, and payment for products and services in accordance with the terms and conditions of the Master Agreement. Any disputes between a Participating Public Agency and Supplier will be resolved directly between them in accordance with and governed by the laws of the State in which the Participating Public Agency exists.

2. Master Agreement available at https://www.omniapartners.com/publicsector Supplier General Service Terms Section
CUSTOMER:

Cintas Loc. No: _______________________________ Please Sign Name____________________________________________________________ By: _________________________________ Please Print Name ____________________________________________________________ Title: __________________________________ Please Print Title_____________________________________________________________ Accepted-GM: __________________________________ Email______________________________________________________________________ ____
____
____
____ Initial and check box if Unilease. All Garments will be cleaned by customer Date
____ Initial and check box if receiving Linen Service. Company will take periodic physical inventories of items in possession or under control Date customer.
____ Initial and check box if receiving direct embroidery. If service is discontinued for any employee or Customer deletes any of the garments Date direct embroidery for any reason, or terminates this agreement for any reason or fails to renew this agreement, Customer will purchase all direct embroidered garments at the time they are removed from service at the then current replacement values.

3. Prices Customer agrees to rent from Company, and Company agrees to provide to Customer, the Merchandise, inventory and services described on Exhibit A, "Merchandise & Pricing" at the prices set forth in Exhibit A. There will be a minimum charge of thirty-five dollars ($35.00) per week for each Customer location required to purchase its rental services from Company as set forth in this Agreement.

4. Buyback of Non-Standard Garments Customer has ordered from Company a garment rental service requiring embroidered garments that may not be standard to Company’s normal rental product line. Those non-standard products will be designated as such under-Garment Description in Exhibit C. In the event Customer deletes a non-standard product, alters the design of the non-standard product, fails to renew the Agreement, or terminates the Agreement for any reason other than documented quality of service reasons which are not cured, Customer agrees to buy back all remaining non-standard products allocated to Customer that the Company has in service and out of service at the then current Loss/Damage Replacement Values.

5. Service Guarantee: Company guarantees to deliver the highest quality textile rental service at all times. Any complaints about the quality of the service which have not been resolved in the normal course of business must be sent by registered letter to Company's General Manager. If Company then fails to resolve any material complaint in a reasonable period of time, Customer may terminate this agreement provided all rental items are paid for at the then current replacement values or returned to Company in good and usable condition.

6. Garments' Lack of Flame Retardant or Acid Resistant Features Unless specified otherwise in writing by the Company, the garments supplied under this Agreement are not flame retardant or acid resistant and contain no special flame retardant or acid resistant features. They are not designed for use in areas of flammability risk or where contact with hazardous materials is possible. Flame resistant and acid resistant garments are available from Company upon request. Customer warrants that none of the employees for whom garments are supplied pursuant to this Agreement require flame retardant or acid resistant clothing.

7. Logo Mats In the event that Customer decides to delete any mat bearing the Customer’s logo (Logo Mat) from the rental program, changes the design of the Logo Mats, terminates this agreement for any reason or fails to renew this Agreement, the Customer will purchase at the time of deletion, design change or termination, all remaining Logo mats that the Company has in service and out of service held in inventory at the then current Loss/Damage Replacement Value.

Digitally signed by Melissa Tigbao
DN: cn=Melissa Tigbao, o=City of
Vallejo, ou=Public Works,
email=melissa.tigbao@cityofvallej
o.net, c=US
38K Date: 2022.10.27 15:04:01 -07'00' Trevor Brooks Melissa Tigbao Uniform Sales Representitive Public Works Director Chris Hack DocuSign Envelope ID: E5FAA095-BE3C-4D14-AA8A-CA56A9105EF2

Page 675 of 826 ends

If this agreement is cancelled for convenience in the first twelve months of the term, Customer shall pay as termination charges equal to 50 weeks of rental service.

If this agreement is cancelled for convenience in months thirteen (13) through eighteen (18) of the term, Customer shall pay as termination charges equal to 36 weeks of rental service.

If this agreement is cancelled for convenience in months nineteen (19) through twenty-four (24) of the term, Customer shall pay as termination charges equal to 23 weeks of rental service.

If this agreement is cancelled for convenience after 24 months of service, Customer shall pay as termination charges of 10 weeks of rental service.

Customer shall also be responsible to return all of the Merchandise allocated to such Customer locations terminating this Agreement at the then current Loss/Damage Replacement Values and for any unpaid charges on Customer’s account prior to termination.

8. Adding Employees Additional employees and Merchandise may be added to this Agreement at any time upon written or oral request by the Customer to the Company. Any such additional employees or Merchandise shall automatically become a part of and subject to the terms of this Agreement. If such employees are employed at a Customer location that is then participating under this Agreement, the Customer shall pay Company the one-time preparation fee indicated on Exhibit A. Customer shall not pay Company any one-time preparation fee for garments for employees included in the initial installation of a Customer location. There will be a one-time charge for name and/or company emblems when employees are added to the program in garments requiring emblems.

9. Emblem Guarantee Customer has requested that Company supply emblems designed exclusively for Customer featuring Customer's logo or other specific identification (hereinafter "Customer Emblems"). Company will maintain a sufficient quantity of Customer Emblems in inventory to provide for Customer's needs and maintain a low cost per emblem through quantity purchases.

10. In the event Customer decides to discontinue the use of Customer Emblems, changes the design of the Customer Emblems, terminates this Agreement for any reason or fails to renew this Agreement, the Customer will purchase at the time of deletion, design change, termination or expiration, all remaining Customer Emblems that the Company allocated to Customer at the price indicated on Exhibit A of this Agreement. In no event shall the number of Customer Emblems allocated to Customer exceed the greater of (a) twelve (12) months’ volume for each unique Customer Emblem or (b) a quantity agreed to by Company and Customer and noted on Exhibit A.

11. Terminating Employees Subject to the provisions of this Agreement, the weekly rental charge attributable to any individual leaving the employ of the Customer, or on a temporary leave of absence of three (3) weeks or more, shall be terminated upon oral or written notice by the Customer to the Company but only after all garments issued to that individual, or value of same at the then current Loss/Damage Replacement Values, are returned to Company.

12. Replacement In the event any Merchandise is lost, stolen or is not returned to Company, or is destroyed or damaged by fire, welding damage, acid, paint, ink, chemicals, neglect or otherwise, the Customer agrees to pay for said Merchandise at the then current Loss/Damage Replacement Values.

13. Indemnification To the fullest extent permitted by law, Company agrees to defend, indemnify, pay on behalf of and save harmless the Participating Public Agency, its elected and appointed officials, agents, employees and authorized volunteers against any and all claims, liability, demands, suits or loss, including reasonable attorneys’ fees and all other costs connected therewith, arising out of or connected to the services provided by Company under this Contract, but only to the extent of Company’s negligence.

14. Additional Items: Additional customer employees, products and services may be added to this agreement and shall automatically become a part of and subject to the terms hereof and all of its provisions. If this agreement is terminated early for convenience, the parties agree that the damages sustained by Company will be substantial and difficult to ascertain. Therefore, if this agreement is terminated by Customer prior to the applicable expiration date for any reason other than documented quality of service reasons which are not cured, or terminated by Company for non-payment by Customer at any time Customer will pay to Company, as termination charges and not as a penalty based upon the following schedule:

DocuSign Envelope ID: E5FAA095-BE3C-4D14-AA8A-CA56A9105EF2

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Prince William County

PUBLIC SCHOOLS
Providing 4 World-Class Education

CONTRACT MODI FI CATI ON
MODIFICATION #13
REFERENCE: Title:

Contract #:

Contractor:

Period of Contract:

Modify the above referenced contract as follows:

ISSUE DATE: September 11, 2025
Facilities Management Products and Solutions
R-BB-19002
Cintas Corporation No. 2
December 13, 2019 through October 31, 2027

1. PWCS authorizes a 2.7% increase to all contracted items per the attached effective November 1, 2025.

2. All non-contracted items are priced pursuant to the structure detailed in the contract R-BB19002 and through the contract percentage discounts.

Except for the changes provided herein, all other terms and conditions of this contract remain unchanged and in full force and effect.

Brian Burtner, CPPB, VCO
Administrative Coordinator
CINTAS CORPORATION NO. 2 PRINCE WILLIAM COUNTY PUBLIC SCHOOLS Signature
Ryan Duncan, NIGP-PPSM
National AccountManager - Cooperative Purchasing
Name and Title
9/12/25
Date
Signature
Colleen Keener, NIGP-CPP, CPPB, CPCP, VCO, VCA
Supervisor of Purchasing
Date

PROCUREMENT OFFICE
P.O. BOX 389, MANASSAS, VA 20108 ? WWW.PWCS.EDU ? 703.791.8743, FAX 703.791.8610 Revised 7.12.13
Sep 12, 2025 Page 677 of 826
ACTION ITEM 9.A.

DATE: December 16, 2025
TO: Mayor and Members of the City Council
FROM: Dawn G. Abrahamson, MMC, City Clerk
SUBJECT: ADOPT A RESOLUTION MAKING APPOINTMENTS TO THE CODE ENFORCEMENT APPEALS BOARD AND THE COMMISSION ON CULTURE + ARTS

RECOMMENDATION
Adopt a resolution making 3 appointments to the Code Enforcement Appeals Board (CEAB) and 2 appointments to the Commission on Culture + the Arts (CAC)

REASONS FOR RECOMMENDATION
Vacancies currently exist or will occur on the CEAB and CAC due to terms expiring December 31, 2025.

Virtual interviews for these applicants were conducted by Councilmembers Matias and Matulac on November

13. With these interviews now complete, this item is presented to the City Council for appointment consideration.

BACKGROUND AND DISCUSSION
Vacancies on City boards, commissions, and committees have been ongoing since Fall 2025, with several terms set to expire on December 31, 2025.

A press release announcing the vacancies was issued on September 29, 2025. Notices were distributed via the CIty's social media platforms and the Vallejo Weekly. The filing period closed on October 20, 2025.

Sufficient applications were received for most bodies, including the CEAB and CAC which allowed for interviews to proceed. Virtual interviews for all other remaining vacancies will be conducted early January 2026 by the appropriate newly established Council interview panels with appointments to follow at the next regular Council meeting after interviews are completed.

The following remain open for applications:
• Code Enforcement Appeals Board - 1 vacancy (if 3 appointments are made 12/16/25) • Design Review Board - 1 vacancy
• Housing Authority - 2 Tenant Commissioner vacancies
• Marina Advisory Committee - 4 birther vacancies and 1 at-large vacancy • Participatory Budgeting Steering Committee - 7 member and 3 alternate vacancies • Measure P Oversight Committee - Districts 1 and 2 vacancies Interview Process
Applicant interviews occurred on November 13, 2025. Attendance and participation in the interview process is required for appointment consideration. Interested applicants who were interviewed in July were not required to go through the interview process again. The 2-member Council interview team will make initial nominations during the appointment process, followed by nominations from remaining Councilmembers.

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