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Agenda packet

Vallejo City Council
May 26, 2026

Document
Agenda packet
Meeting
May 26, 2026
Body
Vallejo City Council
Pages
1,722
Original file
474.3 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.

CONSENT CALENDAR 8.M.

DATE: May 26, 2026
TO: Mayor and Members of the City Council
FROM: Leonard Job, Public Works Director
SUBJECT: NOTICE OF INTENT TO AMEND THE FISCAL YEAR 2025-2026 BUDGET TO ALLOCATE $1,000,000 OF MONSANTO SETTLEMENT FUNDS TO THE MARE ISLAND CEMETERY REHABILITATION PROJECT (STEP 1 OF 2)

RECOMMENDATION
Notice of intent to amend the fiscal year 2025-2026 budget to allocate $1,000,000 of Monsanto Settlement Funds to the Mare Island Cemetery Rehabilitation project (PW9418)

REASONS FOR RECOMMENDATION
Additional funds are needed to complete the Mare Island Cemetery Rehabilitation project in accordance with the agreement between the City of Vallejo and the U.S Department of Veterans Affairs (VA). Per City Charter Section 703, amending the budget requires public notice and intent prior to any action taken. A staff report with a recommendation to amend the budget will be presented to City Council at the next regularly scheduled City Council meeting.

BACKGROUND AND DISCUSSION
In 2018, the City of Vallejo initiated the transfer of the Mare Island Cemetery to the U.S. Department of Veterans Affairs (VA), with the final agreement executed on November 20, 2023. As part of that agreement, the City committed to several in-kind contributions to support the long-term operation and maintenance of the cemetery. To date, the City has fulfilled all obligations outlined in the agreement except for the required improvements to the former tennis court area adjacent to the cemetery, which is to be resurfaced and repurposed for parking and ceremonial use. The VA intends first to utilize this area as a construction laydown yard during cemetery improvements. Following completion of the VA's work, the City is responsible for proceeding with the restoration and improvements of the former tennis court site.

In 2022, the City of Vallejo was among several Bay Area cities included in a class action lawsuit against Monsanto regarding water contamination from Polychlorinated biphenyls (PCBs). For decades, Monsanto manufactured PCBs that ultimately contaminated stormwater, sediment, and regional waterways — including rivers, streams, and lakes. Following Bayer Corporation’s 2018 acquisition of Monsanto, Bayer assumed liability and issued settlement payments. The City of Vallejo received just over $4 million from the settlement with approximately $2.4 million remaining. The City has full discretion in the use of these funds.

Staff is requesting approval to allocate $1,000,000 of these remaining funds to complete required improvements for the Mare Island Cemetery Rehabilitation project. This is the first step in the two-step process to amend the 2025-2026 fiscal year budget to allocate the additional funds necessary to complete required improvements.

FISCAL IMPACT
This item provides a notice of intent only and does not have any fiscal impact. The second step of the two-step budget amendment process will come at the next regular City Council meeting.

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Date: May 26, 2026
Subject: NOTICE OF INTENT TO AMEND THE FISCAL YEAR 2025-2026 BUDGET TO ALLOCATE $1,000,000 OF MONSANTO SETTLEMENT FUNDS TO THE MARE ISLAND CEMETERY REHABILITATION PROJECT (STEP 1 OF 2)

Page 2 ends

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 reasonable foreseeable indirect physical change in the environment, pursuant to CEQA Guideline section 15378.

ATTACHMENTS
None

CONTACT
Leonard Job, Public Work Director, 707-648-4433
[email protected]

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CONSENT CALENDAR 8.N.

DATE: May 26, 2026
TO: Mayor and Members of the City Council
FROM: Leonard Job, Public Works Director
SUBJECT: NOTICE OF INTENT TO AMEND THE FISCAL YEAR 2025-26 SOLID WASTE FUND BUDGET TO ACCEPT TWO CALRECYCLE GRANTS: THE USED OIL PAYMENT PROGRAM GRANT IN THE AMOUNT OF $16,791 AND THE BEVERAGE

CONTAINER RECYCLING CITY-COUNTY PAYMENT PROGRAM GRANT IN THE AMOUNT OF $30,407 (STEP 1 OF 2)

RECOMMENDATION
Provide Notice of Intent to amend the Fiscal Year 2025-26 Solid Waste Fund budget to recognize grant revenue from the Used Oil Payment Program and City/County Beverage Container Recycling Program offered through CalRecycle in the amount of $16,791 and $30,407, respectively, and authorize expenditure of the grant funds.

REASONS FOR RECOMMENDATION
The City applied for and was awarded two non-competitive grants. Per City Charter Section 703, amending the budget requires public notice of intent before any action is taken. This item serves as the first step in the two-step process. A staff report with a recommendation to amend the budget will be presented to the City Council at its next regularly scheduled meeting on June 9, 2026.

BACKGROUND AND DISCUSSION
The City applied for and was awarded two non-competitive grants from the California Department of Resources Recovery and Recycling (CalRecycle). City staff submitted an application for the Used Oil Payment Program on June 17, 2025, and on March 27, 2026, received awarded funds in the amount of $16,791. The City will use these funds to continue supporting used oil and oil filter collection education and programming.

On October 14, 2025, City staff submitted an application for the City/County Beverage Container Recycling Program and on March 11, 2026, received notification from CalRecycle that the City was awarded grant funds in the amount of $30,407. These funds will be used to continue California Redemption Value (CRV) beverage container recycling efforts within the City and to enhance litter reduction activities, including K-12 education programming.

This item serves as the first step in the two-step process to amend the FY 2025-26 Solid Waste Fund budget.

A detailed staff report and resolution will be presented to the City Council for consideration at its next regular meeting.

FISCAL IMPACT
The notice of intent does not have any fiscal impact. A future recommended action to amend the FY 2025-26 Solid Waste Fund budget will include an increase in both the revenue and expenditure budgets of the fund.

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

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Date: May 26, 2026
Subject: NOTICE OF INTENT TO AMEND THE FISCAL YEAR 2025-26 SOLID WASTE FUND BUDGET TO ACCEPT TWO CALRECYCLE GRANTS: THE USED OIL PAYMENT PROGRAM GRANT IN THE AMOUNT OF $16,791 AND THE BEVERAGE

CONTAINER RECYCLING CITY-COUNTY PAYMENT PROGRAM GRANT IN THE AMOUNT OF $30,407 (STEP 1 OF 2)

Page 2 ends

indirect physical change in the environment, pursuant to CEQA Guideline section 15378.

ATTACHMENTS
None

CONTACT
Leonard Job, Public Works Director (707) 648-4433
[email protected]

Page 733 of 1722 ends

CONSENT CALENDAR 8.O.

DATE: May 26, 2026
TO: Mayor and Members of the City Council
FROM: Jason Ta, Chief of Police
SUBJECT: ADOPT A RESOLUTION APPROVING THREE CONSULTANT AND PROFESSIONAL

SERVICES AGREEMENTS WITH CENTER FOR URBAN EXCELLENCE TOTALING $1,806,552, (1) TO PROVIDE INTENSIVE CASE MANAGEMENT, (2) REFERRAL HUB, AND (3) HOSPITAL-BASED VIOLENCE INTERVENTION PROJECT SERVICES THROUGH MARCH 31, 2029, TO FURTHER THE VALLEJO V.I.S.I.O.N PROJECT, AND

AUTHORIZE THE CITY MANAGER TO EXECUTE SAID AGREEMENTS

RECOMMENDATION
Adopt a Resolution Authorizing: (1) three Consultant and Professional Services Agreements with Center for Urban Excellence totaling $1,806,552 to provide intensive case management, referral hub, and hospital-based violence intervention program services, for three years through March 31, 2029, to further the Vallejo V.I.S.I.O.N. Project; and (2) the City Manager to executed said Agreements.

REASONS FOR RECOMMENDATION
Vallejo V.I.S.I.O.N. (Violence Intervention Support Improving Our Neighborhoods) is a City initiative aimed at addressing a top community concern – gun violence – through a shared approach to public safety. Through the project, local community organization, Center for Urban Excellence (“CUE”), will serve as the primary provider of an array of services to residents who are victims of gun violence or who are at risk of becoming a victim of gun violence.

City Council has allocated $300,000 of General Fund dollars to launch Vallejo V.I.S.I.O.N. Vallejo Police Department (“VPD”) secured two additional grants to increase the total project budget to $1,806,552. City staff respectfully requests that City Council approve three agreements with CUE, each of which relates to a specific funding source, to implement the Vallejo V.I.S.I.O.N. project. Without these agreements, the City will be unable to implement Vallejo V.I.S.I.O.N. any time in the near future and may face consequences from the grantors who approved CUE as an identified grant subrecipient.

BACKGROUND AND DISCUSSION
The V.I.S.I.O.N. Mission: VPD and community partners are implementing an evidence-based strategic approach to reduce gun violence, victimization, and community fear by identifying the most prolific and repeat drivers of violent gun crime. VPD and its partners will use a collaborative intervention model of support and accountability to disrupt violent behavior.

There are five main pillars to V.I.S.I.O.N. that illustrate how the project will be implemented and the successful outcome for V.I.S.I.O.N. (V.I.S.I.O.N. graphic attached).

1. Intelligence Analysis: Periodic Violence / Risk Review; Detective Referral; Crime Data Analysis; Local Regional Violent Offender and Victim Data Review

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Date: May 26, 2026
Subject: ADOPT A RESOLUTION APPROVING THREE CONSULTANT AND PROFESSIONAL

SERVICES AGREEMENTS WITH CENTER FOR URBAN EXCELLENCE TOTALING $1,806,552, (1) TO PROVIDE INTENSIVE CASE MANAGEMENT, (2) REFERRAL HUB, AND (3) HOSPITAL-BASED VIOLENCE INTERVENTION PROJECT SERVICES THROUGH MARCH 31, 2029, TO FURTHER THE VALLEJO V.I.S.I.O.N PROJECT,

AND AUTHORIZE THE CITY MANAGER TO EXECUTE SAID AGREEMENTS

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2. Custom Notifications: Most at Risk for Violence; Prioritize Age 14-25; In Person Anti-Violence Message Delivered by Partners; Leverage Probation and Parole Requirements

3. Services & Support: Community Driven; Needs Assessment Family Focused; Case Management; Tracked Compliance / Progress / Additional

4. Prosecution: District Attorney and US Attorney; Swift, Certain, Proportional Consequences for Violent Crime; Partner Driven Strategy

5. Successful Transition: Alive, Safe & Free; Significant Reduction in Shootings; No Longer at Risk for Violence; Less Trauma for Candidates as Well as Loved Ones V.I.S.I.O.N. is an attempt to do more to reduce gun violence in the Vallejo community. Though traditional police enforcement efforts can be effective, they do not always address the root causes of violence and are typically reactive – after the crime has been committed – rather than proactive. Prolific offenders’ continued violent behaviors indicate that current criminal justice and societal interventions have not been effective in curtailing them, and extra attention and strategies are needed.

In 2025, CUE was the highest ranked respondent to the City of Vallejo’s Request for Qualifications for Community Violence Intervention Programming Partners, which specifically referenced the CalVIP Cohort 5 Grant (“CalVIP Grant”) that is partially funding Vallejo V.I.S.I.O.N. During implementation of a prior grant award, CUE also demonstrated it is a reliable partner with the staffing and infrastructure to successfully implement a community project using grant funding.

CUE is strategically positioned to serve as the City’s partner for Vallejo V.I.S.I.O.N and will provide the following services, as appropriate, to project participants:

1. Intensive case management (including mentoring services and, where possible, building a relationship with the individual’s family members and friends to help them see the futility of additional violence and assist them with getting their social service needs met);

2. A “referral hub,” which is a network of community partners and service provides that work directly with participants and provide, among other things, referrals for safe housing, victims of crime services, legal advocacy, probation resources, gang intervention, anger management, substance abuse treatment, school enrollment, GED preparation, job training, and counseling; and

3. HVIP at Kaiser Vallejo spearheaded by Dr. Dionne Carter, with whom the City has worked for several years in her role with Advanced Peace. HVIP is particularly effective because it meets victims of gun violence at their hospital bedsides to offer trauma-informed support focused on healing, safety, and discouraging retaliation.

City staff compiled three funding sources to fund CUE’s implementation of Vallejo V.I.S.I.O.N. through March 31, 2029. The funding sources are detailed below.

1. City Council approved $300,000 from the General Fund to launch Vallejo V.I.S.I.O.N. (Resolution 25- 131.)

2. Vallejo Police Department obtained an Office for Victims of Crime Grant (“OVC Grant”) that identified CUE as a subrecipient and provides $306,699 for CUE’s HVIP Program through September 30, 2028.

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Date: May 26, 2026
Subject: ADOPT A RESOLUTION APPROVING THREE CONSULTANT AND PROFESSIONAL

SERVICES AGREEMENTS WITH CENTER FOR URBAN EXCELLENCE TOTALING $1,806,552, (1) TO PROVIDE INTENSIVE CASE MANAGEMENT, (2) REFERRAL HUB, AND (3) HOSPITAL-BASED VIOLENCE INTERVENTION PROJECT SERVICES THROUGH MARCH 31, 2029, TO FURTHER THE VALLEJO V.I.S.I.O.N PROJECT,

AND AUTHORIZE THE CITY MANAGER TO EXECUTE SAID AGREEMENTS

Page 3 ends

3. Vallejo Police Department obtained the CalVIP Grant that identified CUE as a subrecipient and provides $1,199,853 for CUE’s intensive case management, referral hub, and HVIP Program services through March 31, 2029.

The sum of these three funding sources is $1,806,552. To ensure services and expenditures remain distinct for reporting purposes, the City has prepared a separate contract for each funding source. The salient terms of each contract are the same. The only differences between the agreements are the scope of work, amount of funding per source, term of agreement, and, where applicable, grant-mandated provisions regarding use of funds.

For the Vallejo V.I.S.I.O.N. project to continue past the timelines outlined in the agreements, the City will need to look into potential future grant funding or supplement the project with additional funding from the General Fund or Measure P Funding. If Council is interested, these are options that staff can pursue and bring back to Council prior to the agreement’s expiration.

FISCAL IMPACT
The General Fund Contract with CUE will provide $300,000 for CUE to launch Vallejo V.I.S.I.O.N. These are the only General Fund dollars being contributed towards this $1,806,552 project. The rest of the project is being funded by grants obtained and managed by the Vallejo Police Department.

The OVC Grant Contract with CUE will provide $306,699 towards CUE’s HVIP Program from April 1, 2026 through September 30, 2028. City Council accepted the OVC grant on April 14, 2026. (Resolution 26-034.) The CalVIP Grant Contract with CUE will provide $1,199,853 towards CUE’s implementation of Vallejo V.I.S.I.O.N. and provision of intensive case management, referral hub, and HVIP Program services through March 31, 2029. City Council accepted the CalVIP grant on April 28, 2026. (Resolution 26-048.)

ENVIRONMENTAL REVIEW
This action is exempt from the California Environmental Quality Act (“CEQA”) because it is not a project that 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 - CUE Contracts - $1,806,552 CAO Stamp

2. CUE - Contract (General Fund) CAO Stamp

3. CUE - Contract (0vc) with Exhibit D CAO Stamp

4. CUE - Contract (CalVIP - Cohort 5)- CAO Stamp

5. 04 - Vision Graphic V5

CONTACT

Page 736 of 1722 ends

Date: May 26, 2026
Subject: ADOPT A RESOLUTION APPROVING THREE CONSULTANT AND PROFESSIONAL

SERVICES AGREEMENTS WITH CENTER FOR URBAN EXCELLENCE TOTALING $1,806,552, (1) TO PROVIDE INTENSIVE CASE MANAGEMENT, (2) REFERRAL HUB, AND (3) HOSPITAL-BASED VIOLENCE INTERVENTION PROJECT SERVICES THROUGH MARCH 31, 2029, TO FURTHER THE VALLEJO V.I.S.I.O.N PROJECT,

AND AUTHORIZE THE CITY MANAGER TO EXECUTE SAID AGREEMENTS

Page 4 ends

Jason Ta, Chief of Police
[email protected]

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Approved as to form:

By: for
Veronica Nebb, City Attorney
RESOLUTION NO. 25-____ N.C.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VALLEJO

APPROVING THREE CONSULTANT AND PROFESSIONAL SERVICES
AGREEMENTS WITH CENTER FOR URBAN EXCELLENCE TOTALING $1,806,552, TO PROVIDE REFERRAL HUB SERVICES ($300,000) INTENSIVE CASE MANAGEMENT ($1,199,853), AND

HOSPITAL-BASED VIOLENCE INTERVENTION PROJECT SERVICES
($306,699) THROUGH MARCH 31, 2029, TO FURTHER THE VALLEJO V.I.S.I.O.N PROJECT, AND AUTHORIZE THE CITY MANAGER TO

EXECUTE SAID AGREEMENTS
WHEREAS, in 2025, local community nonprofit organization Center for Urban Excellence (“CUE”) was the highest ranked respondent to the City of Vallejo’s Request for Qualifications for Community Violence Intervention Programming Partners; and WHEREAS, City Council appropriated $300,000 from the General Fund to launch the Vallejo V.I.S.I.O.N. gun violence reduction project (Resolution 25-131); WHEREAS, City Council authorized acceptance of the United States Department of Justice, Office of Justice Programs, Office for Victims of Crime, Fiscal Year 25 Grant (“OVC Grant”) (Resolution 26-034), which specifically authorized $306,699 for CUE for the Vallejo V.I.S.I.O.N. project; and
WHEREAS, City Council authorized acceptance of the CalVIP Cohort 5 grant from the California Board of State and Community Corrections (“CalVIP Grant”) (Resolution 26-048), which specifically authorized $1,199,853 for CUE for the Vallejo V.I.S.I.O.N. project; and WHEREAS, City staff respectfully requests that City Council approve the following Consultant and Professional Services Agreements (“Agreements”) with CUE to launch and implement Vallejo V.I.S.I.O.N. and authorize the City Manager to execute same:

1. Agreement with CUE for a not-to-exceed amount of $300,000 to be funded by the General Fund (Referral hub);

2. Agreement with CUE for a not-to-exceed amount of $306,699 to be funded by the OVC Grant (Hospital-based violence intervention); and

3. Agreement with CUE for a not-to-exceed amount of $1,199,853 to be funded by the CalVIP Grant (Intensive case management).

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Vallejo hereby approves the three aforementioned Agreements with CUE to launch and implement the Vallejo V.I.S.I.O.N. project.

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NOW, THEREFORE, BE IT FURTHER RESOLVED the City Manager is hereby authorized to execute said Agreements.

Adopted by the City Council of the City of Vallejo at a regular meeting held on May 26, 2026, with the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ANDREA SORCE, MAYOR
ATTEST:

DAWN G. ABRAHAMSON, CITY CLERK

Page 739 of 1722 ends

Consultant and Professional Services Agreement (Revised 05-2025) Page 1 of 11 Approved as to form: ($300,000 General Fund)
By: for
Veronica Nebb, City Attorney

CONSULTANT AND PROFESSIONAL SERVICES AGREEMENT
This Consultant and Professional Services Agreement (“Agreement”) is made at Vallejo, California, dated for reference this 1st day of April, 2026, by and between the City of Vallejo, a municipal corporation (“City”), and Center for Urban Excellence, a California nonprofit public benefit 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.

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,

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Consultant and Professional Services Agreement (Revised 05-2025) Page 2 of 11 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.

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.

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

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Consultant and Professional Services Agreement (Revised 05-2025) Page 3 of 11 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. Licenses, 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.

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,

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Consultant and Professional Services Agreement (Revised 05-2025) Page 4 of 11 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.

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. General Prohibition on Assignment of CalPERS Members and Annuitants. 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

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Consultant and Professional Services Agreement (Revised 05-2025) Page 5 of 11 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 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).

16. 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.

17. Term. The term of this Agreement shall commence on April 1, 2026 and shall continue in full force and effect until June 30, 2027.

City shall, at its discretion, have the right to extend the term of this Agreement, in intervals of one month, 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.

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.

18. 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.

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Consultant and Professional Services Agreement (Revised 05-2025) Page 6 of 11 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.

19. 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.

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

21. 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.

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Consultant and Professional Services Agreement (Revised 05-2025) Page 7 of 11 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.

22. 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.

23. 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 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.

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Consultant and Professional Services Agreement (Revised 05-2025) Page 8 of 11

24. 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:

Awab Manzoor
Administrative Manager
111 Amador Street
Vallejo, CA 94590
If to Consultant:

Reina Robinson
Center for Urban Excellence
PO Box 5543
Vallejo, CA 94590
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.

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,

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Consultant and Professional Services Agreement (Revised 05-2025) Page 9 of 11 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.

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.

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Consultant and Professional Services Agreement (Revised 05-2025) Page 10 of 11

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 05-2025) Page 11 of 11 IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year shown below the name of each of the parties.

CENTER FOR URBAN
EXCELLENCE, a California nonprofit
public benefit corporation
By: ____________________
Reina Robinson
Chief Executive Officer
DATE: __________________

(City Seal)

CITY OF VALLEJO,
a municipal corporation
By: ____________________
Harry Black
Interim City Manager
DATE: __________________

ATTEST:

By: ____________________
Dawn G. Abrahamson
City Clerk
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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Consultant and Professional Services Agreement (5-2025) Page 1 of 3 Exhibit A – Scope of Work

EXHIBIT A

SCOPE OF WORK

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

Claudia Williams
Administrative Analyst II
Vallejo Police Department
111 Amador Street
Vallejo, CA 94590
(707) 917-4126
[email protected]
The Consultant’s Representative for this Agreement is:

Reina Robinson
Center for Urban Excellence
PO Box 5543
Vallejo, CA 94590
(707) 731-4243
[email protected]
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 below. 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 by March 31, 2029.

4. No Set Work Hours. Consultant shall be solely responsible for determining the working hours of its individual personnel, employees, agents, and representatives within the limitations otherwise provided in this Agreement.

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Consultant and Professional Services Agreement (5-2025) Page 2 of 3 Exhibit A – Scope of Work
Attachment 1 to Exhibit A
Consultant shall support the Vallejo V.I.S.I.O.N. initiative by strengthening program design, partner coordination, Community Violence Intervention (“CVI”) Network infrastructure, and participant supportive services. Consultant will serve as a central coordinating entity to support implementation of V.I.S.I.O.N. and the Hospital-Based Violence Intervention Program (“HVIP”), ensuring alignment across partners and access to services for participants.

1.1 Participant Identification and Intake
Consultant shall identify and engage participants referred through Vallejo V.I.S.I.O.N. partners, including the Vallejo Police Department, HVIP, and community-based organizations.

Consultant shall operate as a central referral hub through the Thrive Resource Hub, providing intake, assessment, and service navigation. Intake will focus on identifying participant needs related to safety, stability, and access to services, and supporting timely connection to appropriate resources.

Consultant’s Executive Director, serving as Consultant’s Thrive Hub Manager, will oversee intake support, assessment, and external referral navigation.

1.2 Individual Engagement Plan and Service Delivery
Consultant shall provide intensive case management and coordinate individualized service plans based on participant needs. Services include:
• Ongoing case management and participant follow-up
• Coordination of referrals to housing, behavioral health, workforce, and community-based services
• Crisis support services and emergency basic needs (barrier removal), including food, transportation, clothing, and other immediate supports • Support for post-secondary and career readiness opportunities, including certification fees, tuition costs, and training-related expenses, as appropriate
Consultant’s Intervention Specialist will provide direct services, including case management, participant engagement, and mentorship support.

Consultant’s Chief of Public Health and Safety, serving as Program Director, will oversee Vallejo V.I.S.I.O.N. and HVIP implementation, including stakeholder meetings, reporting, CVI Network convenings, and case consultation to support coordinated service delivery.

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Consultant and Professional Services Agreement (5-2025) Page 3 of 3 Exhibit A – Scope of Work

1.3 Outreach, Mentorship, and Support
Consultant shall provide outreach, mentorship, and support in coordination with Vallejo V.I.S.I.O.N. partners to maintain participant engagement and continuity of care. Services include:
• Participant engagement and follow-up through case management • Peer mentorship and relationship-based support
• Crisis response and stabilization support
• Ongoing connection to services and resources
Consultant shall support CVI Network coordination and infrastructure by:
• Leading the CVI Network (CVIN) convenings and partner meetings • Facilitating communication and alignment of services across agencies • Supporting case consultation and coordination across partners • Maintaining referral pathways and coordinated care approaches Consultant shall maintain systems for intake, referral tracking, and service coordination to support program implementation and reporting, ensuring confidentiality and appropriate data sharing.

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Consultant and Professional Services Agreement (Revised 05-2025) Page 1 of 3 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 Three Hundred Thousand Dollars ($300,000).

Total
Salaries & Benefits $203,875
Program Operating Costs $66,125
Total $300,000
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 of 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

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Consultant and Professional Services Agreement (Revised 05-2025) Page 2 of 3 Exhibit B - Compensation
necessary for the proper completion of the Services and shall only be payable if specifically authorized in advance by City.

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:

Claudia Williams
Administrative Analyst II
Vallejo Police Department
111 Amador Street
Vallejo, CA 94590
[email protected]

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.

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Consultant and Professional Services Agreement (Revised 05-2025) Page 3 of 3 Exhibit B - Compensation
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 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 05-2025) 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 (Revised 05-2025) 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

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Consultant and Professional Services Agreement (Revised 05-2025) 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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Consultant and Professional Services Agreement (Revised 05-2025) Page 1 of 11 Approved as to form: ($1,199,853 CalVIP)
By: for
Veronica Nebb, City Attorney

CONSULTANT AND PROFESSIONAL SERVICES AGREEMENT
This Consultant and Professional Services Agreement (“Agreement”) is made at Vallejo, California, dated for reference this 1st day of April, 2026, by and between the City of Vallejo, a municipal corporation (“City”), and Center for Urban Excellence, a California nonprofit public benefit 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.

Consultant shall also indemnify, hold harmless, and defend City, its officers, officials, directors, employees, agents, volunteers and affiliates and each of them

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Consultant and Professional Services Agreement (Revised 05-2025) Page 2 of 11 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.

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.

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.

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Consultant and Professional Services Agreement (Revised 05-2025) Page 3 of 11 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. Licenses, 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.

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.

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Consultant and Professional Services Agreement (Revised 05-2025) Page 4 of 11 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.

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. General Prohibition on Assignment of CalPERS Members and Annuitants. Consultant shall not hire, employ, or use, as an employee,

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Consultant and Professional Services Agreement (Revised 05-2025) Page 5 of 11 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 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).

16. 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.

17. Term. The term of this Agreement shall commence on April 1, 2026 and shall continue in full force and effect until March 31, 2029.

City shall, at its discretion, have the right to extend the term of this Agreement, in intervals of one month, 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.

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.

18. 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

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Consultant and Professional Services Agreement (Revised 05-2025) Page 6 of 11 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.

19. 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.

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

21. 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

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Consultant and Professional Services Agreement (Revised 05-2025) Page 7 of 11 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.

22. 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.

23. 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 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.

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Consultant and Professional Services Agreement (Revised 05-2025) Page 8 of 11

24. 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:

Awab Manzoor
Administrative Manager
111 Amador Street
Vallejo, CA 94590
If to Consultant:

Reina Robinson
Center for Urban Excellence
PO Box 5543
Vallejo, CA 94590
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.

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,

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Consultant and Professional Services Agreement (Revised 05-2025) Page 9 of 11 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.

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

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Consultant and Professional Services Agreement (Revised 05-2025) Page 10 of 11 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 05-2025) Page 11 of 11 IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year shown below the name of each of the parties.

CENTER FOR URBAN
EXCELLENCE, a California nonprofit
public benefit corporation
By: ____________________
Reina Robinson
Chief Executive Officer
DATE: __________________

(City Seal)

CITY OF VALLEJO,
a municipal corporation
By: ____________________
Harry Black
Interim City Manager
DATE: __________________

ATTEST:

By: ____________________
Dawn G. Abrahamson
City Clerk
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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Consultant and Professional Services Agreement (5-2025) Page 1 of 3 Exhibit A – Scope of Work

EXHIBIT A

SCOPE OF WORK

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

Claudia Williams
Administrative Analyst II
Vallejo Police Department
111 Amador Street
Vallejo, CA 94590
(707) 917-4126
[email protected]
The Consultant’s Representative for this Agreement is:

Reina Robinson
Center for Urban Excellence
PO Box 5543
Vallejo, CA 94590
(707) 731-4243
[email protected]
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 below. 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 by March 31, 2029.

4. No Set Work Hours. Consultant shall be solely responsible for determining the working hours of its individual personnel, employees, agents, and representatives within the limitations otherwise provided in this Agreement.

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Consultant and Professional Services Agreement (5-2025) Page 2 of 3 Exhibit A – Scope of Work
Attachment 1 to Exhibit A
Consultant shall provide trauma-informed violence intervention, case management, and supportive services to individuals at highest risk of gun violence in the City of Vallejo.

1.1 Participant Identification and Intake
Consultant shall identify and engage participants ages 14–64 who are:
• Justice-involved
• Victims of gun violence (including HVIP referrals)
• At high risk of violence
• Referred by family or community
Referrals will come from:
• Vallejo Police Department V.I.S.I.O.N. (arrest data and officer input) • Hospital-Based Violence Intervention Program (“HVIP”) • Street outreach in hotspot areas
• Courts, schools, community-based organizations, and community outreach Consultant shall conduct trauma-informed intake and assessment using:
• Depression Anxiety Stress Scale (DASS-21)
• Social Determinants of Health (SDOH) screening
• Casey Life Skills Assessment
• Conover Career Assessment Online Suite

1.2 Individual Engagement Plan and Service Delivery
Consultant shall develop individualized service plans using SMART goals based on participant risk and needs. Services include:
• Ongoing case management
• Behavioral health and substance use referrals
• Housing navigation and basic needs support
• Workforce readiness and career pathway support
• Education and system navigation
Services will be coordinated through the Consultant’s Thrive Hub and Unite Us referral system to ensure access to community-based services.

1.3 Outreach, Mentorship, and Support
Consultant shall provide:
• Street outreach and engagement in high-violence areas • Conflict mediation and retaliation prevention support

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Consultant and Professional Services Agreement (5-2025) Page 3 of 3 Exhibit A – Scope of Work
• Hospital bedside engagement through HVIP
HVIP services include:
• Bedside engagement following stabilization
• Safety planning and risk assessment
• Referral to ongoing case management and follow-up support

1.4 Program Participation Goals
Consultant shall:
• Outreach approximately 70 participants annually
• Prioritize individuals in high-violence hotspot areas • Track participant engagement, services provided, and progress toward stability and self-sufficiency

1.5 Coordination with Spoke CBOs
Consultant shall coordinate services as part of the Vallejo Community Violence Intervention (CVI) Network, including collaboration with:
• Vallejo Police Department
• Hospital and behavioral health partners
• Workforce and community-based organizations
Consultant will:
• Facilitate referrals and service coordination
• Participate in regular partner coordination meetings
• Support aligned, trauma-informed service delivery across providers • Maintain participant confidentiality through secure systems and de-identified data sharing

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Consultant and Professional Services Agreement (Revised 05-2025) Page 1 of 3 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 One Million One Hundred Ninety Nine Thousand Eight Hundred Fifty Three Dollars ($1,199,853).

Total
Salaries & Benefits $650,000
Program Operating Costs $469,853
Total $1,199,853
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 of 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

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Consultant and Professional Services Agreement (Revised 05-2025) Page 2 of 3 Exhibit B - Compensation
necessary for the proper completion of the Services and shall only be payable if specifically authorized in advance by City.

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:

Claudia Williams
Administrative Analyst II
Vallejo Police Department
111 Amador Street
Vallejo, CA 94590
[email protected]

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.

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Consultant and Professional Services Agreement (Revised 05-2025) Page 3 of 3 Exhibit B - Compensation
To comply with the Grant Agreement between the grantor BSCC and the City, the following provisions are hereby included:

A.) Books and Records
Consultant shall maintain adequate fiscal and project books, records, documents, and other evidence pertinent to the subcontractor’s work on the project in accordance with generally accepted accounting principles. Adequate supporting documentation shall be maintained in such detail so as to permit tracing transactions from the invoices, to the accounting records, to the supporting documentation. These records shall be maintained for a minimum of three (3) years after the acceptance of the final grant project audit under the Grant Agreement and shall be subject to examination and/or audit by the BSCC or designees, state government auditors or designees, or by federal government auditors or designees.

B.) Access to Books and Records.

Consultant shall make such books, records, supporting documentations, and other evidence available to the BSCC or designee, the State Controller’s Office, the Department of General Services, the Department of Finance, California State Auditor, and their designated representatives during the course of the project and for a minimum of three (3) years after acceptance of the final grant project audit.

The Subcontractor shall provide suitable facilities for access, monitoring, inspection, and copying of books and records related to the grant-funded project.

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 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 05-2025) 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 (Revised 05-2025) 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

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Consultant and Professional Services Agreement (Revised 05-2025) 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.

Page 815 of 1722 ends

EXHIBIT 4

Page 816 of 1722 ends
Page 817 of 1722 ends

CONSENT CALENDAR 8.P.

DATE: May 26, 2026
TO: Mayor and Members of the City Council
FROM: Jason Ta, Chief of Police
SUBJECT: ADOPT A RESOLUTION APPROVING THE FIRST AMENDMENT TO THE CONSULTANT

AND PROFESSIONAL SERVICES AGREEMENT WITH CAPITOL ADVOCACY

PARTNERS AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAME

RECOMMENDATION
Adopt a Resolution approving the First Amendment to the Consultant and Professional Services Agreement with Capitol Advocacy Partners and authorizing the City Manager to execute same.

REASONS FOR RECOMMENDATION
Capitol Advocacy Partners (“CAP”) currently provides various grant-related services to Vallejo Police Department (“VPD”). The existing Consultant and Professional Services Agreement (“Agreement,” City Contract #26PD095) with CAP is for a not-to-exceed amount of $800,000 over three years through June 30, 2028. The First Amendment allows for contract capacity, continuity, and expediency as the understaffed VPD team seeks to leverage as many state and federal grants as possible to benefit the community.

Without the First Amendment, VPD will be in breach of the grant agreements and unable to comply with rigorous grant-mandated financial and programmatic reporting requirements

BACKGROUND AND DISCUSSION
The First Amendment serves three purposes:

1. To memorialize the addition of grant management services funded by four grants for which services are provided;

2. To add $500,000 to the not-to-exceed amount for additional grant-funded grant management services; and

3. To authorize the addition of further grant-funded grant management services via a memorandum signed by the parties.

First, the Agreement specifies that “[a]dditional grants may be added at $3,500 each at mutual agreement by parties.” VPD has obtained permission from the grantors for CAP to provide grant-funded grant management services for the following four grants, and the First Amendment memorializes the addition of said services.

GRANT Total Not-To Exceed
Amount
Duration Cost Per Month
SCIP $36,000.00 12 months $3,000.00
LEMHWA $36,000.00 24 months $1,500.00
CalVIP - Cohort 5 $126,000.00 36 months $3,500.00
OVC - Victims of Grant $42,000.00 12 months $3,500.00
$240,000.00
Second, the Agreement covers a variety services funded by multiple funding sources; however, the vast majority of services are funded by the grants for which services are provided. As discussed above, just within the past few months, an additional $240,000 of grant-funded grant management services have been added.

Page 818 of 1722 ends

Date: May 26, 2026
Subject: ADOPT A RESOLUTION APPROVING THE FIRST AMENDMENT TO THE

CONSULTANT AND PROFESSIONAL SERVICES AGREEMENT WITH CAPITOL

ADVOCACY PARTNERS AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAME

Page 2 ends

Therefore, the First Amendment increases the not-to-exceed budget by $500,000 to $1,300,000, to accommodate the increase in grant-funded grant management services over the three-year contract term.

Third, the First Amendment authorizes the addition of further grant-funded grant management services by a memorandum to alleviate the administrative burden and delay associated with formal contract amendments.

FISCAL IMPACT
The Agreement’s not-to-exceed $800,000 budget – which is spread across three fiscal years - covered existing grant-funded grant management services, contemplated additional grant-funded grant management services, and separate grant planning, advocacy, writing, and management services paid through VPD’s SLEF (Fund 151) fund.

The First Amendment increases the not-to-exceed budget by $500,000 to $1,300,000 to increase capacity for the contemplated additional grant-funded grant management services. The budget for each grant funding CAP’s grant management services will be approved by the applicable grantor and presented to City Council with each item requesting acceptance of a new grant.

The First Amendment is not intended to increase the burden on the City’s General Fund.

ENVIRONMENTAL REVIEW
This action is exempt from the California Environmental Quality Act (“CEQA”) because it is not a project that 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. 02 - Resolution - CAP Contract 2 - First Amendment CAO Stamp

2. 01 - CAP - Contract 2 - First Amendment - Adding $500,000 for Grant-Funded Grant Management CAO Stamp

CONTACT
Jason Ta, Chief of Police
[email protected]

Page 819 of 1722 ends

Approved as to form:

By: for
Veronica Nebb, City Attorney
RESOLUTION NO. 26-____ N.C.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VALLEJO

APPROVING THE FIRST AMENDMENT TO THE CONSULTANT AND PROFESSIONAL

SERVICES AGREEMENT WITH CAPITOL ADVOCACY PARTNERS

AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAME
WHEREAS, the City of Vallejo entered into a Consultant and Professional Services Agreement with Capitol Advocacy Partners (“CAP”) for a not-to-exceed budget of $800,000 to assist Vallejo Police Department (“VPD”) with grant planning, advocacy, writing, and management through June 30, 2028 (“Agreement,” City Contract #26PD095); and WHEREAS, the vast majority of total expenditures under the Agreement are for grant management services funded by the grant being managed (i.e., grant-funded grant management services); and
WHEREAS, these grant-funded grant management services are being added more frequently than anticipated at the time of the Agreement; and
WHEREAS, within the past few months, the following grant-funded grant management services have been added:

GRANT
Total Not-To Exceed
Amount Duration
Cost Per
Month
SCIP $36,000.00 12 months $3,000.00
LEMHWA $36,000.00 24 months $1,500.00
CalVIP - Cohort 5 $126,000.00 36 months $3,500.00
OVC - Victims of Grant $42,000.00 12 months $3,500.00
$240,000.00
WHEREAS, the proposed First Amendment to the Agreement with CAP:

1. Memorializes the addition of grant-funded grant management services for the four grants detailed above;

2. Adds $500,000 to the not-to-exceed amount for additional grant-funded grant management services; and

3. Authorizes the addition of further grant-funded grant management services via a memorandum signed by the parties.

WHEREAS, the First Amendment allows for contract capacity, continuity, and expediency as the understaffed VPD team seeks to leverage as many state and federal grants as possible to benefit the community
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Vallejo hereby approves the First Amendment to the Agreement with CAP.

NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of Vallejo

Page 820 of 1722 ends

hereby authorizes the City Manager to execute said First Amendment to the Agreement with CAP.

Adopted by the City Council of the City of Vallejo at a regular meeting held on May 26, 2026, with the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ANDREA SORCE, MAYOR
ATTEST:

DAWN G. ABRAHAMSON, CITY CLERK

Page 821 of 1722 ends

Approved as to form:

By: for
Veronica Nebb, City Attorney

FIRST AMENDMENT TO THE

CONSULTANT AND PROFESSIONAL SERVICES AGREEMENT

BETWEEN CITY OF VALLEJO AND

CAPITOL ADVOCACY PARTNERS, LLC
The City of Vallejo (“City”) and Capitol Advocacy Partners, LLC (“Consultant”) entered into a Consultant and Professional Services Agreement dated August 6, 2025 (“the Agreement”) (City Contract #26PD095) to provide a variety of services, including grantfunded grant management services. This First Amendment to the Agreement (“First Amendment”) is made an entered into on this 1st day of May 2026.

Consultant and City do mutually agree as follows:

1. Payment for Additional Services. The following sentence is removed from the last row on page 11 of Attachment 1 to Exhibit A: “Additional grants may be added at $3,500 each at mutual agreement by parties.”
The following is added at the end of the table on page 11 of Attachment 1 to Exhibit A:

Section 1 of Exhibit B is hereby replaced with the following:

A. Services: City agrees to pay Consultant, at the rate(s) specified in Attachment 1 of Exhibit A, which is incorporated herein by this reference, for the services identified therein and for all authorized reimbursable expenses, for a total not-to-exceed amount of One Million Three Hundred Thousand Dollars ($1,300,000). Said notto-exceed amount shall include an amount to be paid to Consultant for outstanding invoices totaling $43,090 for services rendered during Fiscal Year 2024 – 2025.

Consultant shall notify City in writing no later than sixty (60) days prior to the estimated date when Consultant will have billed City the maximum payment

GRANT-FUNDED GRANT MANAGEMENT SERVICES ADDED
(per project managed, billed monthly)
SCIP Grant
LEMHWA Grant
CalVIP – Cohort 5 Grant
OVC Victims of Crime Grant
$3,000 per month
$1,500 per month
$3,500 per month
$3,500 per month

ADDITIONAL GRANT-FUNDED GRANT MANAGEMENT SERVICES
Additional grants may be added via a memorandum signed by the parties.
$3,500 per month,
unless the parties
agree in writing to
another amount

Page 822 of 1722 ends

First Amendment to Agreement Between City of Vallejo and Capitol Advocacy Partners, LLC Page 2 of 3 (Revised 01.2019)
amount permitted under this Agreement, and Consultant shall provide City with an estimate of the additional compensation required to complete the project.

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 Consultant shall perform all duties, obligations and conditions required under the Agreement.

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

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

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

6. Authority. The person signing this First Amendment for 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)

Page 823 of 1722 ends

First Amendment to Agreement Between City of Vallejo and Capitol Advocacy Partners, LLC 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.

CAPITOL ADVOCACY PARTNERS, LLC,
a Delaware Limited Liability Company
BY:

Dana DeBeaumont
Partner
DATE:
(City Seal)
CITY OF VALLEJO, a California municipal
corporation
BY:

Harry Black
Interim City Manager
DATE:

ATTEST:

Dawn G. Abrahamson
City Clerk
APPROVED AS TO CONTENT:

Jason Ta
Chief of Police
APPROVED AS TO FORM:

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

ARMOND SARKIS
Risk Manager

Page 824 of 1722 ends

CONSENT CALENDAR 8.Q.

DATE: May 26, 2026
TO: Mayor and Members of the City Council
FROM: Veronica A.F. Nebb, City Attorney
Nalungo Conley, Assistant City Manager
SUBJECT: ADOPT A RESOLUTION EXTENDING THE TERMS OF ALL POLICE OVERSIGHT AND

ACCOUNTABILITY COMMISSIONERS

RECOMMENDATION
Adopt a resolution extending the terms of the Police Oversight and Accountability Commission members for one or two years.

REASONS FOR RECOMMENDATION
The Police Oversight and Accountability Commission just began its work in January 2026. Before that date, all Commissioners received extensive training. In order to take advantage of the training received and to continue establishing the processes and procedures of the Commission, staff recommends extending the terms of all commissioners by one or two years

BACKGROUND AND DISCUSSION
The following people have been appointed by the City Council to serve as commissioners on Vallejo's Police Oversight and Accountability Commission:

Commissioner Name District Appointment
Date
Expiration Date Status
John Lewis 6 5/13/25 02/27/29 Active
Renee Sykes 4 2/27/24 02/27/28 Active
Rommeye Qualls 1 2/27/2028 Active
Cameron Clark 2 2/27/26 Resigned
Richard Hybels 3 02/27/26 Active
Derek Roy 5 02/27/27 Active
Naomi Yun At-Large 02/27/27 Active
Melvin Jones Community Alternate 02/27/28 Resigned
Currently, Commissioners Clark and Hybels terms have expired. However, pursuant to Vallejo Municipal Code section 2/26/030A, they have continued to serve. While Commissioner Clark has now resigned, Commissioner Hybles currently serves while his term is expired. Many of the commissioners were first appointed before the POAC ordinance became active. Because the City utilizes staggered terms for all boards and commissions, some commissioners' terms, at least initially, are shorter than the four years allowed by the ordinance. The commissioners completed their basic training program last summer and will continue to receive training from VPD on various, relevant topics. The Commission began holding regular meetings in January 2026 and have since that time, reviewed more than 40 citizen complaints and have made

Page 825 of 1722 ends

Date: May 26, 2026
Subject: ADOPT A RESOLUTION EXTENDING THE TERMS OF ALL POLICE OVERSIGHT AND

ACCOUNTABILITY COMMISSIONERS

Page 2 ends

recommendations on each to the Chief of Police. To date, the Chief has accepted all the Commission's recommendations.

In order to allow the Commission to continue the task of establishing the Commission and developing its processes with the community and the police department, Staff recommends extending the terms of all Commissioners by either one or two years. This preserves the staggering system set up for the commission as well as allowing all Commissioners who just began the work of the Commission to continue serving and take advantage of the significant training each of them has received.

FISCAL IMPACT
There is no fiscal impact as the City Council would only be extending the terms of sitting commissioners.

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. POAC Term Extension Resolution CAO Stamp

CONTACT
Nalungo Conley, Assistant City Manager
[email protected]

Page 826 of 1722 ends

Approved as to form:

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

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VALLEJO EXTENDING THE

TERMS OF THE CURRENT MEMBERS OF THE POLICE OVERSIGHT AND

ACCOUNTABILITY COMMISSION
WHEREAS, the City of Vallejo established the Police Oversight and Accountability Commission (the “Commission”) by adopting Title 18 of the Vallejo Municipal Code on December 12, 2022 (the “POAC Ordinance”); and
WHEREAS, the POAC ordinance requires the appointment by the City Council of seven members of the Commission with one each being appointed from each of the six Council Districts and one at-large member being appointed by the Mayor; and
WHEREAS, the POAC Ordinance also requires the appointment of a Community Alternate and a Youth Member: and
WHEREAS, because of meet and confer requirements as well as a previousl active complaint issued by the Public Employment Relations Board, the implementation of the Commission was delayed by several months after the appointment of all commissioners; ; and WHEREAS, since their appointment by the City Council, the terms of each commissioner have continued to run with one currently sitting commissioner still serving after the expiration of his term; and
WHEREAS, in order to assist the Commission in its role of establishing the POAC’s processes and procedures and to take advantage of the significant training already received by each of the commissioners, it is necessary to extend the terms of all commissioners.

NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Vallejo hereby extends the terms of the POAC commissioners as follows:
by one year for each commissioner effective as of the date of this resolution. by two years for each commissioner effective as of the date of this resolution.

ADOPTED BY THE CITY COUNCIL OF THE CITY OF VALLEJO at a regular meeting held on May 26, 2026, with the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Page 827 of 1722 ends

_________________________________________

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

Page 828 of 1722 ends

ACTION ITEM 8.R.

DATE: May 26, 2026
TO: Mayor and Members of the City Council
FROM: Jason Ta, Chief of Police
SUBJECT: ADOPT A RESOLUTION APPROVING THE CONSULTANT SERVICES AGREEMENT WITH DANNY MURPHY CONSULTING, LLC FOR FY26/27 AND AUTHORIZE THE CITY

MANAGER TO SIGN THE SAME

RECOMMENDATION
It is recommended that the Council adopt a Resolution approving the Consultant Sercies Agreement with Danny Murphy Consulting, LLC in an amount not-to-exceed $250,000 and authorize the City Manager to execute same.

REASONS FOR RECOMMENDATION
Approving the new not-to-exceed amount for the Consultant Services Agreement with Danny Murphy Consulting, LLC, for an amount of $250,000 over a one-year period, will permit the Consultant to continue to assist the department with accelerating reform efforts.

BACKGROUND AND DISCUSSION
In the summer of 2020, the City of Vallejo and the Vallejo Police Department entered into a three-year collaboration agreement with the California Department of Justice (CalDOJ). The purpose of this partnership was to complete 45 police reform recommendations identified by the OIR Group. Throughout the COVID-19 pandemic, the department worked diligently toward these goals while continuing to meet the community’s dayto-day public safety needs.

Since entering the collaborative agreement and adopting recommended policy improvements, the department has demonstrated measurable progress. Over the past several years, Vallejo has experienced significant reductions in use of force incidents, personnel complaints, critical events resulting in great bodily injury, and officer-involved shootings.

As the collaboration period neared its conclusion, it became clear that not all reform obligations could be completed within the original three-year timeframe. To increase the department’s reform capacity, the CalDOJ Collaborative Compliance (Triple C) Task Force was created. Within a short period, Triple C made significant progress, achieving substantial compliance in major policy areas including Use of Force, Officer-Involved Shooting processes, and Critical Incident Review protocols. However full completion was not achieved, resulting in a more formal agreement with CalDOJ.

In 2024, the City of Vallejo and the Police Department entered into a five-year Settlement Agreement with CalDOJ. Under this agreement, the City committed to completing the remaining OIR recommendations and undertaking additional reform measures. To adequately support the reform workload and maintain effective partnership with CalDOJ and the Monitoring/Evaluator team, Triple C was expanded into a new division: the Compliance, Integrity & Accountability Division (CIAD). CIAD is staffed with sworn officers and additional analytical personnel who greatly enhance the department’s capacity to meet its reform obligations.

Despite the valuable experience gained during Collaborative Reform, the department encountered challenges

Page 829 of 1722 ends

Date: May 26, 2026
Subject: ADOPT A RESOLUTION APPROVING THE CONSULTANT SERVICES AGREEMENT WITH DANNY MURPHY CONSULTING, LLC FOR FY26/27 AND AUTHORIZE THE

CITY MANAGER TO SIGN THE SAME

Page 2 ends

managing the increased volume and complexity of reforms required under the Settlement Agreement. During the first year’s work plan, it became evident that progress did not meet expectations set by CalDOJ or the City.

As a result, the City determined that support from a consultant with deep experience in large-scale reform initiatives was necessary.

In August 2025, the City retained Danny Murphy to assist in developing a more robust reform management system and implementing strategies to improve compliance with the Settlement Agreement. Mr. Murphy previously served as a civilian Deputy Chief with both the New Orleans and Baltimore Police Departments, where he oversaw historic, wide-ranging consent decrees. He now provides consultation services to agencies nationwide, including Minneapolis and Louisville. His extensive experience, spanning reform management, policy development, training, technology, audits, and analytics, aligns closely with the needs of Vallejo’s agreement and enables him to provide comprehensive technical assistance in support of the City’s reform success.

The consultant’s scope of work is outlined below:

Police Reform Implementation & Compliance Guidance
• Provide guidance on implementing reform management systems and strategies toward achieving compliance with the CalDOJ Settlement Agreement
• Provide technical assistance (TA) on collaboratively developing reform implementation plans to direct the path forward and provide a foundation for reform implementation accountability • Provide TA on reform capacity building and, if appropriate, organizational restructuring toward maximizing the impact of available resources
• Provide guidance on effectively collaborating with CalDOJ and Jensen Hughes to support timely implementation of reforms
• Provide technical assistance, where requested, to support the Client’s development of policies, training programs, accountability systems, and other required initiatives Change Management & Strategic Planning Support
• Help the Client establish a ReformStat program to increase internal coordination, ownership, and accountability on reform implementation through recurring executive oversight meetings with units responsible for reform implementation
• Support the Client in developing and using reform tracking systems to monitor progress implementing action plans and achieving compliance
• Provide TA on effective project management and coordination to support timely reform implementation • Provide strategic guidance to executive leadership on navigating reform challenges Auditing, Analytics & Performance Management Technical Assistance • Provide TA on the development and execution of internal audits and reviews to help the Client assess compliance, identify issues, and support timely problem solving to improve compliance • Provide TA with statistical analyses and reporting for reform assessments • Provide TA with technology modernization to support compliance with data collection requirements • Provide TA on data-driven management and incorporating reform performance audits and analytics into management meetings to support accountability and compliance improvements • Provide TA on critically assessing use of force incidents for the Critical Incident Review Board

Page 830 of 1722 ends

Date: May 26, 2026
Subject: ADOPT A RESOLUTION APPROVING THE CONSULTANT SERVICES AGREEMENT WITH DANNY MURPHY CONSULTING, LLC FOR FY26/27 AND AUTHORIZE THE

CITY MANAGER TO SIGN THE SAME

Page 3 ends

• Provide guidance on producing reports or dashboards summarizing reform progress to facilitate management and communications regarding progress
Stakeholder Engagement Support
• Provide guidance on internal messaging and external communications to community stakeholders, the CalDOJ Ad-hoc committee, and city council regarding reform initiatives, progress, and opportunities for engagement in the reform process
• Provide TA in creating and implementing community engagement initiatives to support ongoing engagement with the Vallejo community to support reform success and the long-term sustainability of reforms
• Provide TA on collaboratively implementing procedural justice and community policing programs to support community relationships and the effectiveness of policing operations To date, the support that the consultant has provided within a very short period of time includes:
• Assessing operations and developing strategies to improve reform implementation, based on national experience
• Created a more detailed reform tracking system to help improve status tracking of implementation and support more detailed management
• Implemented the ReformStat management program to support reform implementation coordination and accountability. He created this system in New Orleans, and it has been critical to accelerating compliance in multiple cities.
• Developed ReformStat dashboards summarizing reform progress and statuses to support management and accountability
• Developing a training plan with CIAD to meet the wide-ranging training requirements of the settlement agreement
• Providing technical assistance on a wide range of projects and challenges • Supporting enhanced city coordination meetings
• Responding to a variety of city requests for support
Due to the urgency of the reform efforts, the Chief of Police would like to continue using Mr. Murphy's consulting services, which he has been providing since July 2025. With the intention of hiring a Program Benefit Manager the reliance on the consultant is expected to decrease significantly.

The consultant is presently averaging 32 hours per month, totaling $17,600 per month. Those hours of work can be scaled based on need and reform priorities.

On May 11, 2026, the Police Department presented this item to the Measure P Oversight Committee (MPOC). MPOC voted not to recommend the City Council to use Measure P funds for this contract.

FISCAL IMPACT
The total cost of these services is estimated not to exceed $250,000 over a one-year contract period. Pricing for the contracts is fixed for the term of the contract. Council to approve one of the following three options:

1. Approve the use of Measure P funds to fund the contract with Danny Murphy Consulting for $250,000 (notwithstanding the Measure P committee recommendation).

2. Use salary savings.

Page 831 of 1722 ends

Date: May 26, 2026
Subject: ADOPT A RESOLUTION APPROVING THE CONSULTANT SERVICES AGREEMENT WITH DANNY MURPHY CONSULTING, LLC FOR FY26/27 AND AUTHORIZE THE

CITY MANAGER TO SIGN THE SAME

Page 4 ends

3. Use funds out of the General Fund.

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

ATTACHMENTS

1. Resolution for Danny Murphy Consulting LLC FY26-27 CAO Stamp

2. FY 26-27 Consultant Professional Services Agreement Danny Murphy Consulting LLC CAO Stamp

CONTACT
Jason Ta, Chief of Police
[email protected]

Page 832 of 1722 ends

Approved as to form:

By: for
Veronica Nebb, City Attorney
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VALLEJO

APPROVING THE CONSULTANT AND PROFESSIONAL SERVICES AGREEMENT

WITH DANNY MURPHY CONSULTING LLC IN AN AMOUNT NOT-TO-EXCEED $250,000
WHEREAS, Danny Murphy Consulting LLC provides consulting services to help the City implement reform management systems and strategies to improve compliance with the Settlement Agreement between the City and the California Department of Justice (CalDOJ), and establish durable performance management systems, such as Police Reform Implementation & Compliance Guidance, Change Management & Strategic Planning Support, Auditing, Analytics & Performance Management Technical Assistance, and Stakeholder Engagement Support; and WHEREAS, City staff requests the approval of the consultant and professional services agreement with Danny Murphy Consulting LLC in an amount not-to-exceed $250,000 for FY26-

27. NOW, THEREFORE BE IT RESOLVED that the City Council hereby approves the Consultant and Professional Services Agreement with Danny Murphy Consulting LLC, with a total contract not-to-exceed amount of $250,000; and authorizes the City Manager to execute the same.

ADOPTED BY THE CITY COUNCIL OF THE CITY OF VALLEJO at a regular meeting held on May 26, 2026, with the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
__________________________________

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

Page 833 of 1722 ends

Consultant and Professional Services Agreement (Revised 03.2026) Page 1 of 11 Approved as to form:

By: for
Veronica Nebb, City Attorney

CONSULTANT AND PROFESSIONAL SERVICES AGREEMENT
This Consultant and Professional Services Agreement (“Agreement”) is made at Vallejo, California, dated for reference this 1st day of April, 2026, by and between the City of Vallejo, a municipal corporation (“City”), and Danny Murphy Consulting LLC, 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 the Consultant to furnish its 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 to the extent arising arising out of 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, and intentional actions, 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 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,

Page 834 of 1722 ends

Consultant and Professional Services Agreement (Revised 03.2026) Page 2 of 11 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.

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.

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,

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Consultant and Professional Services Agreement (Revised 03.2026) Page 3 of 11 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.

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.

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Consultant and Professional Services Agreement (Revised 03.2026) Page 4 of 11 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.

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. General Prohibition on Assignment of CalPERS Members and Annuitants. Consultant shall not hire, employ, or use, as an employee, subcontractor or agent of Consultant (Assigned Individual) any California Public

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Consultant and Professional Services Agreement (Revised 03.2026) Page 5 of 11 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 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).

16. 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.

17. Term. The term of this Agreement shall commence on July 1, 2026 and shall continue in full force and effect until June 30, 2027.

City may extend the term of this Agreement, in agreed upon intervals with written agreement from the 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.

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. The Client remains responsible for compensating the Consultant for services rendered prior to the Client notifying the Consultant regarding the failure to appropriate funding.

18. 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

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Consultant and Professional Services Agreement (Revised 03.2026) Page 6 of 11 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.

19. 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 solely 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. This Agreement does not affect the ownership of the Consultant’s pre-existing, intellectual property or work products, and the Client recognizes that the Consultant may adapt intellectual property previously created by the Consultant to support the City’s operations. 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.

20. 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.

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

22. 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

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Consultant and Professional Services Agreement (Revised 03.2026) Page 7 of 11 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.

23. 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.

24. 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 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,

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Consultant and Professional Services Agreement (Revised 03.2026) Page 8 of 11 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.

25. 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: Dawn Abramhanson
City Clerk
555 Santa Clara Street
Vallejo, CA 94590
With a Copy to: Veronica A.F. Nebb
City Attorney
555 Santa Clara Street
Vallejo, CA 94590
If to Consultant: Danny Murphy
Danny Murphy Consulting LLC
2928 Dumaine Street
New Orleans, LA 70119
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.

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

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Consultant and Professional Services Agreement (Revised 03.2026) Page 9 of 11 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.

A violation by Consultant of this section shall be a material violation of this Agreement and will justify legal and/or equitable relief.

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Consultant and Professional Services Agreement (Revised 03.2026) Page 10 of 11 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 03.2026) Page 11 of 11 IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year shown below the name of each of the parties.

Danny Murphy Consulting LLC
A Louisiana limited liability company
By: ____________________
Danny Murphy
Member
DATE: __________________

(City Seal)

CITY OF VALLEJO,
a municipal corporation
By: ____________________
Harry Black
Interim City Manager
DATE: __________________

ATTEST:

By:

Dawn G Abrahamson
City Clerk
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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Consultant and Professional Services Agreement (Revised 03.2026) Page 1 of 7 Exhibit B - Compensation

EXHIBIT A

SCOPE OF WORK

1. Representatives. The City Representatives for this Agreement are:

Jason Ta
Chief of Police
555 Santa Clara Street
Vallejo, CA 94590
(707)648-4540
[email protected]
Veronica A. F. Nebb
City Attorney
555 Santa Clara Street
Vallejo, CA 94590
(707)648-4545
[email protected]
The Consultant’s Representative for this Agreement is:

Danny Murphy
Member
Danny Murphy Consulting LLC
2928 Dumaine Street
New Orleans, LA 70119
(504) 256-2739
[email protected]
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 at times agreed to with the Police Chief, City Attorney or their respective designees. 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 Police Chief or City Attorney.

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Consultant and Professional Services Agreement (Revised 03.2026) Page 2 of 7 Exhibit B - Compensation

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 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: Danny Murphy

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Consultant and Professional Services Agreement (Revised 03.2026) Page 3 of 7 Exhibit B - Compensation

EXHIBIT A
ATTACHMENT 1

SCOPE OF WORK
The Consultant agrees to provide the following services to the City, where requested, to help the City implement reform management systems and strategies to improve compliance with the Settlement Agreement between the City and the California Department of Justice (CalDOJ) and establish durable performance management systems:

Police Reform Implementation & Compliance Guidance
• Provide guidance on implementing reform management systems and strategies toward achieving compliance with the CalDOJ Settlement Agreement
• Provide technical assistance (TA) on collaboratively developing reform implementation plans to direct the path forward and provide a foundation for reform implementation accountability
• Provide TA on reform capacity building and, if appropriate, organizational restructuring toward maximizing the impact of available resources • Provide guidance on effectively collaborating with CalDOJ and Jensen Hughes to support timely implementation of reforms
• Provide technical assistance, where requested, to support the Client’s development of policies, training programs, accountability systems, and other required initiatives
Change Management & Strategic Planning Support
• Help the Client establish a ReformStat program to increase internal coordination, ownership, and accountability on reform implementation through recurring executive oversight meetings with units responsible for reform implementation
• Support the Client in developing and using reform tracking systems to monitor progress implementing action plans and achieving compliance • Provide TA on effective project management and coordination to support timely reform implementation
• Provide strategic guidance to executive leadership on navigating reform challenges

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Consultant and Professional Services Agreement (Revised 03.2026) Page 4 of 7 Exhibit B - Compensation
Auditing, Analytics & Performance Management Technical Assistance • Provide TA on the development and execution of internal audits and reviews to help the Client assess compliance, identify issues, and support timely problem solving to improve compliance
• Provide TA with statistical analyses and reporting for reform assessments • Provide TA with technology modernization to support compliance with data collection requirements
• Provide TA on data-driven management and incorporating reform performance audits and analytics into management meetings to support accountability and compliance improvements
• Provide TA on critically assessing use of force incidents for the Critical Incident Review Board
• Provide guidance on producing reports or dashboards summarizing reform progress to facilitate management and communications regarding progress Stakeholder Engagement Support
• Provide guidance on internal messaging and external communications to community stakeholders, the CalDOJ Ad-hoc committee, and city council regarding reform initiatives, progress, and opportunities for engagement in the reform process
• Provide TA in creating and implementing community engagement initiatives to support ongoing engagement with the Vallejo community to support reform success and the long-term sustainability of reforms • Provide TA on collaboratively implementing procedural justice and community policing programs to support community relationships and the effectiveness of policing operations

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Consultant and Professional Services Agreement (Revised 03.2026) Page 5 of 7 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 the amount of Two Hundred Fifty Thousand Dollars ($250,000.00).

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.

City agrees to pay Consultant for those services set forth in at an hourly rate of $550 per hour to be billed monthly.

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 $550 per hour.

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. For a site visit that is approved by the Client, Reimbursable Expenses will include reasonable airfare, hotel, ground

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Consultant and Professional Services Agreement (Revised 03.2026) Page 6 of 7 Exhibit B - Compensation
transportation, per diem for meals and incidentals, and other related expenses.

4. Payments to Consultant.

A. Payments to Consultant shall be made within a reasonable time, not exceeding 45 days, after receipt of Consultant’s invoice, said payments to be made in proportion to services performed. Consultant may request payment on a monthly basis. The Consultant will submit invoices electronically. 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. Payment shall be sent to:

Danny Murphy
2928 Dumaine Street
New Orleans, LA 70119

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

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Consultant and Professional Services Agreement (Revised 03.2026) Page 7 of 7 Exhibit B - Compensation

6. Taxes. 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.

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 03.2026) 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 to the extent arising from 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 or waiver.

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: $1,000,000 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. The Consultant shall be exempted from the auto liability insurance requirement upon providing written certification that no vehicles will be used in the performance of the services outlined in this Agreement
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 (Revised 03.2026) 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.

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Consultant and Professional Services Agreement (Revised 03.2026) Page 3 of 3 Exhibit C – Insurance Requirements
F. The workers’ compensation and employer’s liability policy required hereunder shall be endorsed to state that the workers’ compensation carrier waives its right of subrogation against City, its officers, officials, employees, agents and volunteers, which might arise by reason of payment under such policy in connection with 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. Failure to exercise this right shall not constitute a waiver of right to exercise later. All verification of coverage and other insurance documents shall be mailed to the following address:

City of Vallejo
Attn: Risk Manager
555 Santa Clara Street
Vallejo, CA 94590

7. Subcontractors. 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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CONSENT CALENDAR 8.S.

DATE: May 26, 2026
TO: Mayor and Members of the City Council
FROM: Veronica A.F. Nebb, City Attorney
Randy Risner, Chief Assistant City Attorney
SUBJECT: ADOPT A RESOLUTION APPROVING THE THIRD AMENDMENT TO THE

CONSULTANT AND PROFESSIONAL SERVICES AGREEMENT WITH OPPENHEIMER INVESTIGATIONS GROUP LLP, INCREASING THE CONTRACT AMOUNT BY $150,000 PER FISCAL YEAR, AND EXTENDING THE TERM OF THE AGREEMENT TO JUNE 30, 2029, AND AUTHORIZING THE CITY ATTORNEY TO EXECUTE THE SAME; PROVIDE NOTICE OF INTENT TO AMEND THE FY 2025/2026 BUDGET TO INCREASE THE LEGAL SERVICES - INVESTIGATIONS BUDGET BY $150,000 (Step 1 OF 2)

RECOMMENDATION
Staff recommends that the City Council adopt a resolution approving the third amendment to the consultant and professional services agreement with Oppenheimer Investigations Group LLP and provide notice of intent to amend the FY 2025/2026 Budget to increase the Legal Services - Investigations budget by $150,000 (Step 1 of 2)

REASONS FOR RECOMMENDATION
Oppenheimer Investigations Group, LLP is one of several personnel investigation firms utilized by the City to investigate various employee complaints as well as serving as an Independent Investigator on personnel matters involving the Vallejo Police Department.

BACKGROUND AND DISCUSSION
The City utilizes the services of several law firms experienced in conducting personnel investigations. Oppenheimer Investigations Group, LLP (OIG) is one of those firms. OIG operates throughout the State of California and is widely known as an experienced investigations firm. The firm has completed multiple investigations for the City and is currently involved in several ongoing employee investigations.

The City first entered into a Consultant and Professional Services agreement with OIG on July 1, 2022 with a total not-to-exceed amount of $100,000 for the entire term of the agreement. The parties entered into a First Amendment to the agreement on July 1, 2023 extending the term to June 30, 2024 and changing the not-toexceed amount to $100,000 per fiscal year rather than for the term of the agreement. The parties entered into a Second Amendment to the agreement on April 23, 2024 extending the term to June 30, 2026 and increasing the not-to-exceed amount of the agreement to $200,000 per fiscal year. This Third Amendment would extend the term to June 20, 2027 and would increase the not-to-exceed amount by an additional $150,000.

OIG's team includes 20 attorneys, three writers and five administrative staff. The firm's staff of attorneys is diverse and experienced in a broad range of investigations. The firm's attorneys provide high-quality investigations and written reports that support the City's decision-making process as it relates to personnel investigations.

FISCAL IMPACT

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Date: May 26, 2026
Subject: ADOPT A RESOLUTION APPROVING THE THIRD AMENDMENT TO THE

CONSULTANT AND PROFESSIONAL SERVICES AGREEMENT WITH

OPPENHEIMER INVESTIGATIONS GROUP LLP, INCREASING THE CONTRACT AMOUNT BY $150,000 PER FISCAL YEAR, AND EXTENDING THE TERM OF THE AGREEMENT TO JUNE 30, 2029, AND AUTHORIZING THE CITY ATTORNEY TO EXECUTE THE SAME; PROVIDE NOTICE OF INTENT TO AMEND THE FY 2025/2026 BUDGET TO INCREASE THE LEGAL SERVICES - INVESTIGATIONS BUDGET BY $150,000 (Step 1 OF 2)

Page 2 ends

If the budget amendment is approved, to the extent there is an increased need for the services of an independent investigator, there may be an increased cost of up to $150,000.

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 Guideline section 15378.

ATTACHMENTS

1. Resolution Approving Third Amendment to OIG Agreement

2. OIG Third Amendment to Agreement CAO STAMP

CONTACT
Randy Risner, Chief Assistant City Attorney
[email protected]

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Approved as to form:

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

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

THE THIRD AMENDMENT TO THE CONSULTANT AND PROFESSIONAL SERVICES

AGREEMENT BY AND BETWEEN THE CITY OF VALLEJO AND OPPENHEIMER

INVESTIGATIONS GROUP LLP INCREASING THE CONTRACT AMOUNT BY $150,000 AND PROVIDING NOTICE OF INTENT TO AMEND THE FY 2025/2026

BUDGET TO INCREASE THE LEGAL SERVICES - INVESTIGATIONS BUDGET BY $150,000 (STEP 1 OF 2)
WHEREAS, City and Oppenheimer Investigations Group LLP (OIG) entered into a Consultant and Professional Services Agreement (the Agreement) on July 1, 2022 for personnel related investigation services with a total not-to-exceed amount of $100,000; and WHEREAS, the City has utilized the services of OIG to conduct numerous independent investigations; and
WHEREAS, OIG is one of three investigation firms who meet the requirements for an independent investigator under the Police Oversight and Accountability Ordinance; and WHEREAS, City and OIG executed a First Amendment to the Agreement on July 1, 2023 extending the term of the Agreement to June 30, 2024 and making the not-to-exceed amount of $100,000 available in each fiscal year; and
WHEREAS, City and OIG executed a Second Amendment to the Agreement on April 23, 2024 increasing the total compensation to $200,000 per fiscal year and extending the term of the Agreement to June 30, 2026; and
WHEREAS, the parties now desire to enter into a Third Amendment to the Agreement to increase the total compensation by $150,000 allow for additional investigatory work and to further extend the term of the Agreement to June 30, 2029.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Vallejo, hereby approves the Third Amendment to the Agreement increasing the contract amount by $150,000 per year and authorizes the City Attorney to execute the same.

BE IT FURTHER RESOLVED that the City Council hereby provides notice of intent to amend the FY 2025/2026 Budget to increase the Legal Services - Investigations budget by $150,000 (step 1 of 2)
Adopted by the City Council of the City of Vallejo at a regular meeting held on April 14, 2026, with the following vote:

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AYES:

NOES:

ABSENT:

ABSTAIN:

______________________________

ANDREA SORCE, MAYOR
ATTEST:

_____________________________________
DAWN G. ABRAHAMSON, CITY CLERK

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Approved as to form:

By: for
Veronica Nebb, City Attorney

THIRD AMENDMENT TO THE

CONSULTANT AND PROFESSIONAL SERVICES AGREEMENT

BY AND BETWEEN THE CITY OF VALLEJO

AND OPPENHEIMER INVESTIGATIONS GROUP LLP
This Third Amendment to the Consultant and Professional Services Agreement by and between the City of Vallejo, a municipal corporation (“City”) and Oppenheimer Investigations Group, LLP, a California limited liability partnership (“Consultant”) is made and entered into by the parties on March 10, 2026.

WHEREAS, City and Consultant entered into a Consultant and Professional Services Agreement on July 1, 2022 with a total not-to-exceed amount of $100,000 for the term of the Agreement; and
WHEREAS, City and Consultant executed a First Amendment to the Consultant and Professional Services Agreement on July 1, 2023 (the “the First Amendment”); and WHEREAS, the First Amendment provides that total compensation not exceed $100,000 per fiscal year; and
WHEREAS, the First Amendment amended the term to expire on June 30, 2024; and WHEREAS, City and Consultant executed a Second Amendment to the Consultant and Professional Services Agreement (the “Second Amendment”) on April 23, 2024; and WHEREAS, the Second Amendment increased the total compensation to $200,000 per fiscal year; and
WHEREAS, the Second Amendment amended the term to expire on June 30, 2026; and
WHEREAS, the parties desire to enter into a Third Amendment to the Consultant and Professional Services Agreement to increase the total compensation amount to allow for additional work to be performed under the original agreement and to extend the term of the Agreement.

NOW THEREFORE, THE PARTIES DO AGREE AS FOLLOWS:

1. The first sentence of Paragraph 16 of the Consultant and Professional Services Agreement is amended to read as follows:
“The term of this Agreement shall commence on July 1, 2022 and shall continue

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in full force and effect until June 30, 2029, unless earlier terminated.”

2. Paragraph 2 of the Agreement is amended to read in its entirety as follows:
“Payment. City shall pay Consultant for services rendered pursuant to this Agreement at the times and in the manner set forth in Exhibit B, entitled “Compensation.” In no event shall the total Compensation exceed Three Hundred Thousand Dollars ($300,000) per fiscal year of the Agreement without a written amendment to this Agreement. The payments specified in Exhibit B shall be the only payments to be made to Consultant for services rendered pursuant to this Agreement.”

3. Paragraph 1.A of Exhibit B to the Agreement is amended to read in its entirety as follows:
“Services. The City Attorney’s Office of the City of Vallejo (“City”) agrees to pay Consultant, at the rate(s) specified below, for those assigned services as set forth in Exhibit A of this Agreement and for all authorized reimbursable expenses, for a total not to exceed amount of Three Hundred Thousand Dollars ($300,000.00) per fiscal year for conducting independent and confidential fact-finding reviews and investigations into assigned complaints, and providing confidential investigative reports that will be used for employment-related purposes.

City agrees to pay Consultant for those services set forth in Exhibit A of this Agreement and for all authorized reimbursable expenses, within 30 days of receiving an invoice upon satisfactory completion of the services and delivery of the work product.”

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

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

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

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

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

IN WITNESS WHEREOF, the parties have entered into this Second Amendment on the day and year first hereinabove appearing.

OPPENHEIMER INVESTIGATIONS

GROUP LLP,
a California Limited Liability Partnership
BY:

Vida Thomas
Managing Partner
DATE:
(City Seal)

CITY OF VALLEJO,
a municipal corporation
BY:

Veronica A. F. Nebb
City Attorney
DATE:

ATTEST:

DAWN G ABRAHAMSON
City Clerk
APPROVED AS TO INSURANCE:

ARMOND SARKIS
Risk Manager

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CONSENT CALENDAR 8.T.

DATE: May 26, 2026
TO: Mayor and Members of the City Council
FROM: Erik Rzomp, Executive Assitant to Mayor Sorxe
SUBJECT: CONSIDER DRAFT LETTER IN SUPPORT OF MISTEA AUDIT REQUEST OF THE MARE ISLAND CFDs TO THE STATE CONTROLLERS OFFICE AND POSSIBLY TAKE ACTION

TO AUTHORIZE THE MAYOR TO SIGN SAME ON BEHALF OF THE CITY COUNCIL

RECOMMENDATION
Consider Draft Letter of Support of MISTEA Audit Request Relating to Mare Island CFD's and Authorize the Mayor to Sign Same on Behalf of the City Council.

REASONS FOR RECOMMENDATION
Direction was given by Council at the April 27, 2026, Special City Council meeting to consider a letter of support signed by Mayor Sorce on behalf of the City Council.

BACKGROUND AND DISCUSSION
MISTEA, Mare Island Special Tax Elimination Alliance, requested in February of 2024 that the State Controller’s office conduct an audit of the CFDs. So far there has not been any action taken by the State Controller. Solano County District 2 Supervisor Monica Brown and former State Senator Bill Dodd also sent letters to the State Controller in support of an audit of the CFDs.

FISCAL IMPACT
None.

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. 04282026 LOS Mayor Sorce Vallejo - Mare Island CFD Audit-SCO for signature

2. Supervisor Monica Brown Letter Feb. 14 2024

3. 2024.02.15- Malia Cohen Letter with Attachments 1-24 (bookmarked)(reduced)

4. Senator Dodd Letter to the State Controller 3.4.24 - Ltrhd

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

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Andrea Sorce ∙ Office of the Mayor ∙ 555 Santa Clara Street, Second Floor ∙ Vallejo, CA 94590 ∙ 707.648.4377 April 28, 2026

State Controller Malia M. Cohen
300 Capitol Mall, Suite 1850
Sacramento, California 95814
RE: Follow Up to Audit Request of Mare Island CFDs, Vallejo, CA Dear State Controller Cohen:

On behalf of the Vallejo City Council I am following up on a February 2024 request for an audit of the Mare Island CFDs sent to your office by Vallejo constituents. The constituents organized as MISTEA, Mare Island Special Tax Elimination Alliance, requested an independent audit of the City of Vallejo’s (City) financial administration of three Mello-Roos Community Facilities Districts (CFDs) which assess special taxes on all Mare Island taxpayers.

Mare Island taxpayers have been paying CFD taxes since 2002 and in the ensuing years no audit has been done to assess the management of the funds or to ensure transparency. The Vallejo City Council is requesting follow up in support of their request.

In their February 2024 letter MISTEA listed 13 concerns and attempts for resolution. A copy of the original detailed packet submitted to your office by MISTEA is attached along with letters from former state senator Bill Dodd and Solano County District 2 Supervisor Monica Brown. We look forward to your response.

Sincerely,
Andrea Sorce
Mayor, City of Vallejo
CC: Michael Cheng – Office of State Controller
Albert Sim – Office of State Controller
Vallejo City Council
Vallejo City Manger

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February 15, 2024
State Controller Malia M. Cohen
300 Capitol Mall, Suite 1850
Sacramento, California 95814
Dear Controller Cohen:

We are writing to you as a group of Mare Island residents organized as the Mare Island Special Tax Elimination Alliance (MISTEA). We are requesting that your office conduct an independent audit of the City of Vallejo’s (City) financial administration of three Mello-Roos Community Facilities Districts (CFDs) which assess special taxes on all Mare Island taxpayers.

Although the CFDs have existed for over 20 years, and Mare Island taxpayers have paid tens of millions of dollars of CFD taxes over those years, no such audit has ever been done.

There is urgency to this request. The compelling reasons for an audit you will read about below, are all the more compelling because the same interests that created and perpetuated the CFDs from 2002 forward-- the City and the Mare Island Master Developer-- have entered into a new agreement to “revisit” the CFDs in approximately two years from now. An independent audit, now, will shed light on the wrongs of the past, which will ensure that the “revisited” CFDs do not carry those wrongs into the future.

Based on our extensive research over several years, we have come to the conclusion that something is rotten in the City of Vallejo. Whether by misfeasance, malfeasance, or fraud, the result is the same-- the City has collected tens of millions of dollars of taxpayer money for services it has not delivered, and continues to do so to this very day. We have asked the City to provide evidence of adequate internal controls and accountability for the City’s collection and expenditure of these public monies, but have received no such evidence-- there is no transparency to the taxpayers paying those monies. In fact, the City’s consistent lack of transparency in response to our inquiries about the CFDs appears purposeful, to cover up what an independent audit would reveal.

Members of our group have been investigating the City’s management (or, we assert, lack of management and mismanagement) of the CFDs since 2012, and with increasing scrutiny over the past two years. We do not make this request for an independent audit lightly, or rashly, recognizing the seriousness of what we are asking you to do. But ask you we must, because the City is unaccountable, and officials in Solano County have told us they have no authority to audit the City, so your State Controller’s Office appears to be the last resort.

Mare Island taxpayers have tried since 2012 to work with the City in good faith to resolve the CFD issues, to no avail. The lowlight of those efforts was a meeting with a prior City Manager who listened to the evidence of the CFD mismanagement, then ended the meeting with a curt, “Yes, you’re right, but if you think I’m going to stop taking your money, you’re crazy.” The current City Manager and City Staff are committed to the same policy of disregard. We have pled our case at nearly every Vallejo City Council meeting for more than one year, but the Council has also been blocked by the City Manager and City Staff from investigating the facts

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Malia M. Cohen
February 15, 2024
_____________________

Page 2 of 19 ends

and evidence we have shown them, although they have regularly commented that the situation is not fair, should be addressed, and they want to see options to do so. City Staff continue to thwart any attempt to address their own obvious mismanagement, for obvious reasons.

As you can imagine, our investigations since 2012 have amassed a large body of evidence of the City’s mismanagement of the CFDs. So as not to overwhelm you, we have focused this letter on the key issues which we trust will convince you to conduct a long-overdue independent audit. If you want more evidence of misfeasance, malfeasance, and City stonewalling of inquiry into its dark history with the Mare Island CFDs, we have much more, and would be happy to meet with you to discuss.

ISSUE NO. 1: NO INDEPENDENT AUDIT OF CFD COLLECTIONS AND EXPENDITURES-- EVER.

The City of Vallejo has collected and expended Mare Island CFD special taxes for twenty-one years, since 2002. For the past 12 years Mare Island residents have raised serious concerns about the basic management of the CFDs and the legality of how the taxes are determined. Despite these concerns being raised for years, City management has not to date investigated or conducted an independent compliance audit. On October 5, 2023, in response to an inquiry, the City’s Finance Director confirmed that the City has never had an independent financial audit done to account for collection and expenditure of those public monies. (Attachment 1 [10/05/2023 email from City Finance Director Rekha Nayar confirming no independent audits of CFDs].)
An independent audit of Mare Island CFDs is required, now, because the City has collected tens of millions of dollars in CFD taxes since 2002 and admits the collection and expenditure of those public funds have never been independently audited.

ISSUE NO. 2: NO INDEPENDENT REVIEW OF CFD LEGALITY BY THE CITY— EVER.

On May 30, 2023, MISTEA gave a 60-minute PowerPoint presentation to the City Council witnessed by a full chamber of citizens. The presentation set forth facts, supported by evidence, demonstrating the glaring unfairness of the Mare Island CFDs caused by the City’s mismanagement. (Attachment 2 [PowerPoint Presentation, 05/30/2023].) The purpose of the presentation was to spur the City Council, the City Manager, and the City Attorney to action in light of the overwhelming evidence they had seen. When in response we received only empty, vague promises followed by complete inaction, we dug even further, uncovering the additional evidence of mismanagement we present here.

The City Council Members and the Mayor did show initial concern, but their attempts to obtain information have been consistently blocked by the City Manager and City Attorney. At the June 13 City Council meeting, the mayor expressed concern over the legality of the CFDs in light of the issues raised by the MISTEA PowerPoint presentation, to which City Attorney Veronica Nebb responded that her legal department was analyzing the legality questions raised,

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Malia M. Cohen
February 15, 2024
_____________________

Page 3 of 19 ends

and promised, twice, to report back to the Council and the Mayor at a meeting in September. No such report was given at any Council meeting in September or thereafter. (See, June 13, 2023, City Council meeting video at https://vallejoca.portal.civicclerk.com/event/2583/media at timecode 2:15:47 to 2:20:24.)
After the May 30, 2023, presentation to the City Council, members of MISTEA continued to pursue and review City documents and research new material concerning the legal issues raised by the City’s mismanagement. At the July 25, 2023, City Council meeting, during the First Community forum, a MISTEA member read an excerpt of a 2021 letter addressed to City Manager Malone from an attorney hired by Mare Island residents to conduct an independent review of the legality of the Mare Island CFDs. The full letter was presented to the Council for the record. In that letter, attorney Eric Benink wrote “to demand that the City commit to take certain corrective actions to address the City’s illegal administration of the CFDs,” and made a CPRA Request for documents to allow further analysis. The City ignored and never responded to Mr. Benink’s demand for corrective actions. MISTEA has never received any explanation why Mr. Benink’s letter has been ignored and why the City is continuing to illegally administer the CFDs as described in his letter. (Attachment 3 [Eric Benink letter].) At that same July 25, 2023, meeting, Council Member Charles Palmares requested an independent consultant review of the legality of the Mare Island CFDs. City Attorney Veronica Nebb stated that the request for independent review was “already in process.”. (See, July 25, 2023 City Council meeting video at https://vallejoca.portal.civicclerk.com/event/2451/media at timecode 3:49:40-3:50:09.) Upon further inquiry from MISTEA about the “independent” review, the City Attorney emailed MISTEA members on August 3, 2023 to inform us that she had engaged the Jones Hall Law Firm. She further stated that Jones Hall was not part of the original formation of CFD 2002-1. MISTEA immediately pointed the City Attorney to a Vallejo City Memorandum showing that Jones Hall had, in fact, performed the initial legal work creating the CFDs and therefore was not an “independent” evaluator and had an obvious conflict of interest in evaluating, and reporting on, their own work. (Attachment 4 [City Attorney email August 3, 2003 re hiring Jones Hall; City Memorandum April 16, 2002 sent to City Attorney showing Jones Hall was retained to create the CFD; City Attorney email November 11, 2023 re Jones Hall still working].)
Due to the clear conflict of interest with Jones Hall, MISTEA then proposed three truly independent evaluators as alternatives. At an in-person meeting on August 14, 2023, the City Attorney responded that she would not even consider the proposed alternatives. At a Zoom meeting on September 11, 2023, the City Attorney stated she was committed to continuing with Jones Hall, despite the obvious conflict of interest and objection by MISTEA. When asked if the Jones Hall report would be made public, the City Attorney said it would not, because it would be an attorney-client privileged communication. (Attachment 4, [City Attorney email November 11, 2023].) MISTEA members were also informed that we would not be allowed to meet with the analysts at Jones Hall or present materials to aid them in their work. All documents and information for the Jones Hall “independent” evaluation of the legality of the CFDs were to go through City Attorney Nebb. CFD taxpayers have no way of knowing what, if anything, was

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Malia M. Cohen
February 15, 2024
_____________________

Page 4 of 19 ends

given to the Jones Hall analysts. Our request for independence and transparency was denied unilaterally by the City Attorney.

An independent audit of Mare Island CFDs is required, now, because CFD taxpayers and the Mayor and City Council have expressed concerns about the legality of the CFDs, but the City Attorney has refused to obtain an independent evaluation, and any results from her conflicted, hand-picked evaluator Jones Hall will be kept secret under a claim of privilege.

ISSUE NO. 3: MISMANAGEMENT - CITY ADMITS NO INTERNAL CONTROLS OVER CFD FUNDS.

On August 31, 2023, the City responded to CPRA Request No. 23-734 which asked for information confirming the existence of internal controls for the collection and expenditure of Mare Island CFD taxes, including the City’s documentation to show:
● a system of approvals for expenses and budgets related to Mare Island CFDs ● a system of reviews to ensure that expenses and budgets related to the CFDs are accurate ● a system of audits to detect fraud and abuse
● a system of reviews to ensure that CFD funds are solely used to cover Mare Island expenses
The City responded to the PRA Request with a statement that the City had no information responsive to the request for information about these internal controls. (Attachment 5 [CPRA Request No. 23-734 and City Response].)
An independent audit of Mare Island CFDs is required, now, because the City has admitted that it lacks internal controls necessary for the proper administration of the CFD tax revenues. Internal controls are essential to ensure transparency, accountability and proper use of our public special tax dollars.

ISSUE NO. 4: BALANCING THE BUDGET WITH UNFILLED POSITIONS THAT WILL NOT BE FILLED.

In the current 2023-24 Fiscal Year, the City of Vallejo is charging Mare Island CFD taxpayers an extra $3.3 million for basic (i.e., no “extra”) police and fire services. All other taxpayers in Vallejo receive these services for the normal taxes (e.g., property and sales taxes) they pay, and are not charged “extra” tax for police and fire services.

MISTEA’s scrutiny of the latest budget passed by the City Council on June 27, 2023, revealed that the police budget included 132 sworn officer positions, even though Acting Police Chief Jason Ta has repeatedly reported to the Council that the actual number of sworn officers ranges from 72 to 76. (Attachment 6, City Manager Budget Report 6/6/2023 (excerpts), and Attachment 7, Police Chief Ta Report to City Council, 11/28/2023 (excerpts).) Chief Ta has also repeatedly told the Council that there is no real prospect of filling those positions any time in the

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Malia M. Cohen
February 15, 2024
_____________________

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near future, meaning certainly not in FY 2023-24. (See, December 20, 2022 City Council Meeting Video, https://vallejoca.portal.civicclerk.com/event/2048/media, at 2:19:11 – 2:19:18.)

During budget hearings on June 6, 2023, the City Manager offered a PowerPoint presentation which claimed the City had a “structurally balanced” budget, but showed that the budget was only “balanced” on a $7.1 million vacancy from unfilled positions, including 73 vacancies in the police department and 21 vacancies in the fire department. (Attachment 8, June 6, 2023, PowerPoint, relevant slides.) In response to a question from City Council Member Mina Loera-Diaz, City Finance Director Rekha Nayar admitted that the City was spending money budgeted for unfilled positions ($7.1 million) to cover other expenses (without identifying the other expenses), and that if the City filled those positions, the City would be “in the red.” (See, June 6, 2023, City Council Meeting Video,
https://vallejoca.portal.civicclerk.com/event/2558/media, at timecode 2:04:30 – 2:05.) Council Member Loera-Diaz and Council Member J.R. Matulac expressed great concern over this budgetary practice. (Id. at timecodes 2:06:10 – 2:07:15 and 2:44:30 – 2:44:50.) Ignoring these concerns, City Manager Malone repeatedly called the City’s budget “structurally balanced.”
But the City’s budget is fraudulently balanced. Charging Vallejo taxpayers for the services of 132 sworn police officers in the FY 2023-24 tax year while delivering the services of only 72 to 76 officers, with no expectation that those positions will be filled during the FY 2023- 24 year, is fraud. It is fraud not only on Mare Island CFD taxpayers, who are paying millions of dollars of “extra” taxes for those non-existent services, it is fraud on every Vallejo taxpayer paying for those services they will not receive.

An independent audit of Mare Island CFDs is required, now, because CFD taxpayers have asked the City for information about where and how this unfilled police position money is being spent, but the City has provided no answer. The City is collecting millions of dollars for police services that will never be delivered, with no accountability, and no transparency.

ISSUE NO. 5: MATERIAL CHANGES TO MARE ISLAND CFDS WITHOUT CITY COUNCIL APPROVAL, AND WITHOUT NOTICE TO CFD TAXPAYERS.

The City was sued in 2010 by ALCO, a Mare Island business. A review of that Court file demonstrates ALCO’s concerns about the City’s mismanagement of the CFD special tax were very similar to the concerns MISTEA is raising in this letter. Specifically, ALCO alleged that the City had falsely assured property owners that the CFD would decrease and terminate, that the City withheld information when ALCO requested information about CFD revenues and expenditures, that the City was not using CFD revenues to perform services on Mare Island, that large property owners on Mare Island had refused to pay their CFD taxes and the City took no enforcement action, and that the CFD taxes far exceeded the cost of services actually provided. (Attachment 8 [Writ Petition and Complaint], pp. 7, 8, 9.) Unfortunately, nothing has changed in the City’s conduct regarding the CFDs over the past 14 years.

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As relief from the City’s ongoing mismanagement of the CFDs, ALCO’s 2010 lawsuit sought termination of the Mare Island CFDs, a complete accounting and tracing of all sources and use of the CFD tax revenues by an independent CPA according to generally accepted accounting principles, and other related relief. (Attachment 8 [Writ Petition and Complaint], pp. 13-14.)
Rather than undergo Court scrutiny of its conduct, including the independent accounting and tracing of CFD revenues and expenditures, the City first removed the case to the federal Bankruptcy Court (Attachment 9 [Notice Of Removal]), then avoided answering ALCO’s factual allegations by settling the lawsuit with a “Stipulation Re Dismissal” in which the City made certain promises to CFD taxpayers like ALCO, and to the Court. (Attachment 10 [Stipulation Re Dismissal].) In reliance on the City’s promises in that Stipulation Re Dismissal, the Bankruptcy Court found “good cause” to dismiss ALCO’s case. (Attachment 11, [Dismissal Order].) But the City did not keep the promises it made to CFD taxpayers and the Court to obtain that dismissal-- which allowed the City to avoid the independent accounting and tracing of the City’s use of CFD tax monies. In the Stipulation Re Dismissal the City promised:
● Starting in FY 2011-12, the Mare Island CFDs would be charged an allocation of the City-wide Fire Department based upon geographic area of coverage. ● The City would maintain that methodology of cost allocation for the next five years unless there was a material change in circumstances on Mare Island compelling the City to consider applying a different cost allocation methodology which would increase the CFD tax.
● The City would provide notice of any consideration of change in the methodology of cost allocation required by law.
(Attachment 10, [Stipulation Re Dismissal], p. 1, lines 10-21.) However, even as the City was making those promises to CFD taxpayers and the Court in March 2011, the City knew that it was not charging Mare Island CFDs for Fire Department services based on geographic area, and knew that it had no intention of doing so. According to a Memorandum authored by the City’s CFD consultant, Susan Goodwin and Goodwin Consulting Group, the City and Goodwin had collaborated in 2010 to devise a cost allocation for Fire Department services to charge Mare Island CFDs based on building square footage, not geographic area. (Attachment 12 [Goodwin Allocation Memorandum 08-24-2016], page 1, paragraph 1, and page 2 under heading “Fire Protection and Suppression Services,” and page 4, Table 2, showing square footage calculations.) The City has charged Mare Island CFDs based on building square footage since a formula developed in 2010, and never kept its 2011 promises in the Stipulation Re Dismissal to charge CFDs based on geographic area for at least five years, and to provide notice if the City was changing to a different methodology.

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There is no evidence that the City Council ever approved the 2010 Goodwin changes in the methodology to charge CFDs based on building square footage or approved the false promises to the Bankruptcy Court in the Stipulation Re Dismissal to charge for five years based on geographic area, or approved any of the other changes in methodology of charging for the CFDs. Changing the methodology without City Council approval violated Vallejo Municipal Code section 14.45.200, titled “Special tax levy,” which requires Council approval when an alteration of the method of apportionment is sought. Because the City Council was never informed of or asked to approve the changes in methodology, there was no public notice, no public meeting, and no public disclosure at all of any of these changes to the CFD taxes.

A Public Records Act Request asking the City to provide the required Notice of Consideration of Change for any such changes drew this Response: “Request Closed. We have searched our files, and the record you asked for does not exist as the rate method of apportionment has never been changed.” (Attachment 13 [PRA Request and Response].) Despite the overwhelming evidence in the Stipulation Re Dismissal and the Goodwin Allocation Memorandum showing that the City did change the methodology of CFD cost allocation at least twice, the City’s CFD consultant Susan Goodwin told the City Council during its meeting on April 25, 2023, that the City is still using the same formula developed when CFD 2002-1 was formed in 2002. (See, Vallejo City Council meeting video, https://vallejoca.portal.civicclerk.com/event/2445/media at timecodes 4:11:17 – 4:14:15.) That statement was false, as evidenced by the first paragraph of the 2016 Goodwin Allocation Memorandum, in which Victor Irzyk of Goodwin Consulting Company wrote to City employee Jon Oiler, stating:
“Jon per your request, this memo describes the cost allocation methodology for estimating the portion of the City of Vallejo's public safety budget for police and fire services that may be allocated to services provided for Mare Island. This cost allocation was originally performed in coordination with the City in 2010.”
(Attachment 12 [Goodwin Allocation Memorandum 08-24-2016], page 1, paragraph 1.)
That brief paragraph establishes two important points demonstrating why an independent audit is necessary. First, it shows that in 2016, fourteen years after CFD 2002-1 was created, the City had no understanding of the cost allocation methodology the City itself had been using to charge CFD taxpayers since 2010, and was therefore asking Goodwin to explain it. Second, it shows that the cost allocation described in that Memorandum was put in place in 2010, directly contrary to Susan Goodwin’s statement to the City Council on April 25, 2023, that the formula had not changed since 2002.

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An independent audit is required, now, because the formulas and methodology of charging the Mare Island CFD special taxes have been changed without approval of the City Council, and without notice to the CFD taxpayers, and because all attempts to obtain information about these changes have been stonewalled with non-responses to PRA Requests and with misinformation to the public and even the City Council.

ISSUE NO. 6: THE 2010 GOODWIN ALLOCATION METHODOLOGY IS FATALLY FLAWED , BASED ON UNREAL GUESSTIMATED 2010 NUMBERS WHICH HAVE

NEVER BEEN VERIFIED, AND RESULT IN HOMEOWNERS SUBSIDIZING COMMERCIAL PROPERTIES AND FOR-PROFIT BUSINESSES.

The 2010 Goodwin allocation methodology used by the City to charge Mare Island CFDs for police and fire services is fatally flawed. The Goodwin Allocation Memorandum shows that “Police Protection Services” were “allocated to Mare Island based on the number of persons served on Mare Island in proportion to the number of persons served in the City.” (Attachment 12 [Goodwin Allocation Memorandum], p. 1, paragraph 1, under “Police Protection Services” heading.) The text of the Goodwin Allocation Memorandum shows that the allocation calculation was done using statewide averages and estimates, not real numbers of persons served on Mare Island. (Attachment 12, pp. 1-2.) Table 1 of the Allocation Memorandum shows the police services calculation and again admits that the numbers are not real, but instead are “Based on informal analysis of Mare Island demographics and not an extensive study.” (Attachment 12, p. 3, Table 1, footnote 2.) Those unreal 2010 numbers of “persons served” on Mare Island have never been verified.

The CFD tax for fire services based on 2010 guesstimates of square footage is equally flawed. Buildings have been built and torn down on Mare Island since 2010. Buildings have also been built and torn down in Vallejo since 2010. Yet the 2010 guesstimates have never been verified or revised.

Table 1 (police) and Table 2 (fire) in the Goodwin Allocation Memorandum show that Mare Island CFD taxpayers pay 8.75% of Vallejo’s total fire budget and 1.85% of Vallejo’s total police budget. For the 2010-11 fiscal year, that amount was $2.3 million in “extra” taxes. But the CFDs also have an automatic 2% annual escalator, and the police and fire budgets increase every year, so CFD taxpayers are now charged $3.3 million for those services in FY 2023-24.

The annual increases in the police and fire budgets cause taxpayers to pay much more than the 2% escalator. The CFD Rate and Method of Apportionment attached to the City’s Resolution creating the CFD disclosed a 2% annual escalator-- NOT the additional percentage of ever-increasing police and fire budgets tacked on by Goodwin and the City in 2010 without notice to taxpayers and without notice to and approval by the City Council. (Attachment 19, Resolution 02-189 and attached RMA at p. 7.) The Goodwin/City action in 2010 also violated the letter and spirit of the Mello-Roos statute, Government Code section 53321(d)(2), which provides that the amount of CFD taxes levied on private residential property “shall not be

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increased over time except that it may be increased by an amount not to exceed 2 percent per year. The Goodwin/City 2010 formulas for police and fire have clearly increased residential CFD taxes by far more than the allowed 2 per cent per year.

Because there has never been an independent accounting of the CFDs by the City, there is no evidence that the amount charged to CFD taxpayers for police and fire services bears any relationship to the amount of those services actually delivered to CFD taxpayers. The fact that the charges are based on averaged, guesstimated, unreal numbers from 2010 which have never been verified, combined with the fact that the police and fire departments currently have approximately 33% and 25% vacancy rates respectively (see Issue No. 4 above and Attachments 6 and 7 hereto), virtually guarantees that there is no real relationship between taxes charged and services delivered. As explained below, those unreal numbers concocted by the City’s CFD consultant have poured $56 million into City coffers from the pockets of Mare Island CFD taxpayers for police and fire services with no transparency or accounting.

The Goodwin allocation methodology is inequitable for another reason-- it forces homeowners to subsidize the owners of commercial property on Mare Island by paying far more than the homeowner’s fair share of CFD taxes. According to a North Bay Business Journal November 2020 article, Mare Island Company owns over 4,000,000 square feet of commercial space on Mare Island, and of that, they lease at least 3,000,000 for revenue. (https://www.northbaybusinessjournal.com/article/industrynews/vallejo-mare-islandredevelopers-plan-to-clean-up-key-entry-draws-criticis/.) The small number of homeowner residences account for a fraction of the building square footage on Mare Island compared to the large commercial buildings with profit-making businesses. (Attachment 12 [Goodwin Allocation Memorandum], Table 2.) The small number of residents account for a fraction of the total number of “people served” compared to the large number of people working and studying on Mare Island. (Attachment 12, Table 1.) Had the City held public hearings concerning the implementation of the ALCO settlement (see Issue 5 above), it is likely the unfairness of this Goodwin structure (taxing residents 100% BEFORE taxing commercial entities) would have come to light.

Despite these facts, residents pay the maximum amount of CFD taxes allowable under the Goodwin methodology, and the owners of the commercial spaces pay only if the homeowner taxes do not cover the entire CFD tax obligation. In effect, residents are subsidizing the commercial interests on Mare Island, by paying the most for police and fire services, while receiving the least of those services. A fundamental principle of Mello-Roos CFD taxes is that the revenues must be used for the public benefit of the taxpayers in the district who are paying the taxes. Mare Island residents do not benefit in any way from the taxes they pay to subsidize the millions of square feet of commercial space leased to the businesses and industry that use that space for their profit-generating activities.

An independent audit of Mare Island CFDs is required, now, because the allocation methodology has never been audited to determine whether the amount of CFD taxes collected is

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reasonably related to the services actually provided to CFD taxpayers, particularly residents who pay the most but receive the least.

ISSUE NO. 7: LIKELY MISAPPROPRIATION OF CFD TAX MONEY - $56 MILLION

PAID FOR POLICE AND FIRE SERVICES WITH NO ACCOUNTING FOR MONIES

SPENT, AND NO POLICIES AND GUIDELINES IN EFFECT AS REQUIRED BY STATUTE.

As discussed above, Mare Island CFD taxpayers have paid at least $56 million for police and fire services over the past 20 years. (Attachment 14 [Police-Fire Services Calculation].) This calculation is based on the best records obtained so far from the City, which are incomplete, therefore the $56 million figure is likely lower than the taxes actually paid.

A fundamental principle of Mello-Roos CFD taxes is that the revenues must be spent to benefit the taxpayers in the district who are paying the taxes-- not spent elsewhere to create a “structurally balanced” budget. Yet for 20 years, the City has given no accounting or tracing to show where or how that $56 million was spent for police and fire services on Mare Island. The Mare Island fire station was closed in 2009 in the shadow of imminent bankruptcy and has never reopened, saving the City millions of dollars, yet CFD taxes for fire service keep going up and up. The City’s own statistics show that Mare Island has the lowest calls for police and fire service in the City (less than 1%), yet is the only area of the City paying “extra” taxes for those services. (Attachment 15 [Comparison of Service Calls to Mare Island and Mainland Vallejo] and Attachment 16 [Comparison of Mare Island and Mainland Vallejo property taxes for police and fire services].)
The Mello-Roos statutes which govern the creation and administration of CFDs require that the tax revenues collected must be used for infrastructure or services provided to the CFD taxpayers. Those statutes also require that the “local agency” establishing a Community Facilities District (CFD) must first consider and adopt “local goals and policies” to govern administration of the CFD, and lists several “statements” which must be included in the required policies. (Gov’t Code §53112.7.)
The City admits it never considered or adopted any such local goals and policies (City of Vallejo Municipal Code §14.45), thereby violating the statute. Those goals and policies would have created a mechanism and vehicle for proper oversight, transparency and administration of the CFDs. Instead, the absence of goals and policies has resulted in a lack of internal controls which leaves CFD taxpayers with no ability to track and account for the $56 million collected for police and fire services.

An independent audit of Mare Island CFDs is required, now, to trace the collection and use of these tax revenues, to determine how $56 million was used to provide services on Mare Island, because the City has never done so and will not do so now. It seems likely that public tax money that is legally required to be spent to benefit the Mare Island community that pays the taxes is being spent for other purposes outside the CFD District boundary.

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ISSUE NO. 8: A MYSTERY $16 MILLION “REPAYMENT” CHARGE TO CFD

TAXPAYERS, AND DISAPPEARANCE OF THE SURPLUS CARRYOVER REQUIRED BY THE RATE AND METHOD OF APPORTIONMENT.

Starting in fiscal year 2006-2007, and for eleven years thereafter through FY 2016-17, the Annual Vallejo CFD Tax Administration Reports showed charges to CFD taxpayers in varying amounts ranging from $900,000 to almost $3 million, described as “Repayment to City for Amounts Advanced to Cover Costs.” (Attachment 17 [Annual Report page excerpts].) Over those eleven years, the “Repayment” charges amounted to approximately $16 million dollars.

Despite requests for information, the City has never explained the basis for the “Repayment” charge, and has never accounted for what specific services Mare Island taxpayers received from the City for which the City paid $16 million dollars.

The annual Vallejo CFD Tax Administration Reports also show that in each fiscal year from FY 2005-06 through FY 2016-17, CFD taxpayers were credited with a “Surplus Carried Forward” from the prior year, in varying amounts ranging from $ 1,100,000 to $ 3,200,000. (Attachment 17 [Report page excerpts].) Then, beginning in FY 2017-18, and every fiscal year since, the “Surplus Carried Forward” credit has disappeared. Despite requests for information, the City has not explained how or why there were surpluses of millions of dollars for so many years running, and then suddenly, no surpluses. This unexplained disappearance of surpluses is important because the CFD Rate and Method of Apportionment requires that any surplus at the end of the fiscal year must be applied to reduce the tax liability charged in the next fiscal year (except $300,000 which the City may retain as an “Operating Reserve”).

An independent audit of Mare Island CFDs is required, now, to trace the origins and basis (if any) for the unexplained $16 million “repayment” charge levied against CFD taxpayers, and the suddenly disappearing surplus carryover, because the City will not provide information about either accounting mystery.

ISSUE NO. 9: EXCESSIVE, THEN UNKNOWN, ADMINISTRATIVE COSTS.

The City budget records for FY 2022-23 showed that the City was charging the CFDs eighty-seven (87) cents of “administrative costs” for every one dollar charged for claimed services rendered. (Attachment 18 [Administration Fees Calculation].) When confronted with that calculation from the City’s own records, the City shifted and claimed that its own line items entered as “administrative costs” are not really administrative costs at all, but instead the costs of labor and materials to deliver goods and services. To date, the City refuses to provide the cost allocations to show how much the City is actually charging to “administer” the CFDs versus how much is for the goods and services. MISTEA requested that the City begin to separate these charges starting with the FY 2023-24 budget and going forward, but the City has ignored this request and continues to report the costs together, making it impossible for taxpayers to track administrative costs versus project costs and know what they are actually paying for.

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The City was asked specifically in writing on July 25, 2023, and again on August 29, 2023, to provide the administrative costs broken out from project costs so that taxpayers could track the costs and understand the actual administrative cost. To date no response and no information has been provided.

An independent audit of Mare Island CFDs is required, now, to illuminate these apparent excessive, then unknown, administrative cost budgets, so taxpayers can know how much they are paying for actual administrative costs, and if those costs are reasonable, legitimate and in compliance with the Mello-Roos statutes.

ISSUE NO. 10: MARE ISLAND REVENUES NOT APPLIED IN VIOLATION OF THE CFD RATE AND METHOD OF APPORTIONMENT.

Some Mare Island homebuyers were told, at the time of purchase, that the CFD taxes would “sunset” when more homeowners moved in and more development occurred. Others were told nothing at all, and were shocked upon receipt of the first property tax bill including CFD taxes. The Rate and Method of Apportionment for CFD 2002-1 specifically provides that the CFD “shall terminate” when revenues generated from Mare Island exceed the costs of services to be funded by the CFD. The City has manipulated the CFDs to make that promised “termination” unattainable, by refusing to properly account for and apply revenues generated on Mare Island, and by using the flawed formulas discussed in Issue No. 6 above to increase costs through everincreasing police and fire budgets and the automatic 2% escalator.

A. Revenues From Activities On Mare Island Not Applied.

The Rate and Method of Apportionment for CFD 2002-1 (which charges for police and fire services, and other services) provides that revenues generated from property or activities on Mare Island are to be applied to reduce the CFD tax requirement in each Fiscal Year:
'The Special Tax Requirement shall be reduced in any Fiscal Year by: (i) surplus funds available, if any, from the Special Tax levy in prior Fiscal Years, (ii) revenues generated from property or activities on Mare Island that are required to be applied to reduce the Special Tax Requirement, including but not limited to, property tax, sales tax, utility users tax, transient occupancy tax, franchise tax, business license fees, possessory interest tax, property transfer tax, storm drainage revenues, net water and sanitary sewer revenues, and (iii) other revenues that, at the City's sole discretion, are determined to be available to be applied to reduce the Special Tax Requirement, including but not limited to, funds paid to the City by the Master Developer pursuant to the Acquisition Agreement, and funds paid to the City as a result of the City's lease of the dredge ponds. The City shall exercise its discretion in making the foregoing determination regarding use of other revenues to reduce the Special Tax Requirement on an annual.[sic] In making such determination. The City shall consider the overall benefit to the development of Mare Island of reducing the Special Tax Requirement

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as opposed to alternative uses of such revenue for purposes that support the development of Mare Island, including, for example. use as matching funds for federal grants for the construction of infrastructure consistent with the Mare Island Specific Plan, as amended.”
(Attachment 19, [Resolution 02-189, with RMA attached, RMA p. 5][Emphasis added.].) The City refuses to recognize and apply all revenues “generated from property or activities on Mare Island” to reduce the CFD tax requirement. The City’s partner and Master Developer for Mare Island, the Mare Island Company, recently reported there are more than 110 businesses operating on Mare Island, employing thousands of workers. (North Bay Business Journal article, November 2020, at
https://www.northbaybusinessjournal.com/article/industrynews/vallejo-mare-islandredevelopers-plan-to-clean-up-key-entry-draws-criticis/.) The 2020 U.S. Census data reported the businesses operating on Mare Island paid out $138 million in payroll to employees in that one year. (Attachment 20 [U.S. Census Data Sheet].) A $138 million payroll in the City obviously generates revenues for the City, and those revenues are generated from “activities on Mare Island.”
Mare Island businesses include the former U.S. Navy Shipyard which is now privately owned and operated by Mare Island Dry Dock (https://www.middllc.com/), which continues to service ocean-going fleet ships and vessels for the U.S. Navy and Coast Guard and private ship operators. Other heavy industry on Mare Island includes Factory OS (https://factoryos.com/)(modular building construction), ALSTOM (https://www.alstom.com/)(major rail project design, construction and repair), and Kreysler & Associates (https://www.kreysler.com/services)(currently fabricating giant fiberglass panels for the exterior of the under-construction, one-billion-dollar Lucas Museum in Los Angeles), to name just a few. Every 100 “direct jobs” at those “durable manufacturing” businesses supports 744 more jobs in the economy. (Attachment 21, [Economic Policy Institute, 2019].) All of the large, industrial businesses on Mare Island also require massive amounts of materials for their operations. These large, industrial businesses on Mare Island obviously generate additional revenues for the City, all generated from “activities on Mare Island” as described in the CFD RMA.

The City has an Economic Development Director, and a Finance Director, and other City employees with financial expertise, all of whom must know there are economic models readily available to calculate the revenues accruing to the City from the $138 million payroll and all the industrial activities on Mare Island, yet the City has made no attempt to determine and apply those revenues to reduce the CFD tax requirement, as required by the RMA.

B. “Other Revenues” Not Applied.

MISTEA’s investigation also discovered two scope of work documents demonstrating that the City engaged its CFD consultant, Goodwin Consulting Group (GCG) and the Orrick,

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Herrington & Sutcliffe law firm, to analyze and report on “other incremental revenues” which could be considered for application to reduce the Mare Island CFD tax requirement. (Attachments 22 and 23, [Scope of Work documents for Goodwin and Orrick].) The scope of work documents clearly show that documents were given to the Goodwin and Orrick firms for the purpose of analyzing “other revenues” related to the CFDs. The scope of work also described possible modifications to the CFD and other revenue that could be analyzed and possibly reallocated. CFD taxpayers paid for the analysis of “other revenues” by the Goodwin and Orrick firms, yet the City has stonewalled requests for information about what those firms determined and reported. As a result, no “other revenue” has been applied to our taxes as the Rate and Method of Apportionment anticipated.

During the period August to November 2023, MISTEA submitted PRA Request 23-733 and at least 5 direct email requests to the City Finance Director and the City Attorney for the following information:
● What “other revenues” were Goodwin and Orrick analyzing? ● Was the work on “other revenues” based on an economic model and/or the recognition of “other revenues” generated on Mare Island? ● Is there revenue the City receives which is considered “other revenue” that is generated on Mare Island currently?
● Is this “other revenue” tracked by the City, and was it assessed for the purposes of this work?
● Where can this “other revenue” be found in either the City or Mare Island budgets?
● Were the results of the Goodwin/Orrick work regarding modifications to the CFD presented publicly to the City Council, and if so when? ● If it was not shared publicly, why not?
In response to the PRA 23-733 request, the City simply provided copies of the annual Vallejo CFD Tax Administration Reports and the City budget documents, which were nonresponsive to the information sought. The twenty years of Tax Administration Reports and Annual Budgets were not helpful in identifying what “other incremental revenue” the City had these two firms analyze. When asked where in the documents the “other incremental revenue” could be found, the City stated they had provided all documents responsive to the request and closed the request. As to the direct emails to the City Attorney and the Financial Director they have not responded to any of the emails requesting this information.

The City’s refusal to respond to requests for information about “other revenues,” specifically mentioned in the RMA as part of CFD administration and financing, raises alarms and clearly is not transparent. The CFD RMA requires the City to offset Mare Island CFD taxes with Mare Island revenues. When the City stonewalls and refuses to provide information about revenues, taxpayers cannot determine whether they are being taxed fairly and in compliance with the law.

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The State Controller should conduct an audit, now, because the City’s lack of transparency and accountability regarding revenues “generated from properties or activities on Mare Island” and “other revenues” have made it impossible for taxpayers to determine whether the City is complying with the RMA and the Mello-Roos statutes.

ISSUE NO. 11: WASTE, MISUSE AND MISMANAGEMENT OF CFD TAX DOLLARS.

The City has wastefully spent CFD tax dollars on services of dubious value to Mare Island CFD taxpayers. Examples include, but are not limited to:

1. Flock Cameras purchased for crime prevention, but not being monitored, so the purpose of purchase has not been realized.

2. Estimate of over $300,000 to replace a single flagpole.

3. Exorbitant costs for predator management.

Over the years CFD tax dollars have been spent with abandon. There are more examples, but the only way to stop this practice is by bringing them to light through an independent audit which the City has refused to do.

ISSUE NO. 12 NONFEASANCE AND MISMANAGEMENT - CFD No. 2005- 1 A FACILITIES - OVERCHARGE.

On July 25, 2023, and on August 29, 2023, MISTEA raised the following issue pertaining to an overcharge with the City in two letters. The letters stated:
“[W]ith respect to facilities, the City originally anticipated that it would issue bonds to fund facilities, but this never occurred. In CFD No. 2005- 1A - facilities, the City imposed a special tax ($100,002 in both fiscal year 20-21 and 21-22).

The only budgeted expense is referenced as “non departmental” ($141,000 in FY 21-22) and ($142,000 FY 20-21). Taxpayers are not clear as to what those charges pertain to. Please identify more specifically the services and activities that these budgeted expenses are intended to fund.”
MISTEA pointed out in those letters that in prior FY 19-20, the City budgeted the non-departmental expense at only $7,050, which was less than the special tax of $100,002. In other words, it appeared that property owners were overcharged in FY 19- 20 by $92,952.

MISTEA then requested that the City of Vallejo investigate this apparent overcharge and if necessary, be prepared to credit this amount back to taxpayers. MISTEA never received any response to this issue. The City ignored the questions about this overcharge. An overcharge of $100 would be insignificant and not worthy of attention, but an overcharge of almost $100,000 should be investigated and responded to. This is just one example, but it leaves taxpayers wondering if there are other such overcharges unaccounted for.

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The City’s failure to respond, and its custom and practice of ignoring legitimate questions and concerns about accounting for public tax dollars when called to the City’s attention, confirms the importance of the State Controller’s office conducting an audit.

ISSUE NO. 13 - VIOLATIONS OF STATE AND LOCAL REGULATORY FRAMEWORKS BY CITY MANAGER AND SENIOR MANAGEMENT STAFF.

In Issues 1 through 12 above, we have pointed out instances of the City’s violations of the Mello-Roos statutes, the Vallejo Municipal Code, and Vallejo’s Code of Ethics. Adherence to these statutes and codes is imperative to ensure transparency and accountability to taxpayers regarding the administration of the CFDs. Deviation from these guidelines raises concerns about the legal and ethical conduct of involved parties, requiring a thorough examination of the impact on Mare Island taxpayers and the need for corrective measures.

For the sake of brevity in this Issue No. 13 below, MISTEA has focused on violations of the letter of the law. There are a number of violations, that violate the spirit of the law as well.

MISTEA believes these violations of the spirit of the law to be just as important. Adhering to both the letter and the spirit of the law is crucial because it establishes a comprehensive framework for ethical behavior. While adhering to the letter of the law ensures legal compliance, embracing the spirit of the law emphasizes ethical values, integrity, and the broader intent of statutes and regulations. Both are critical to correcting the issues we have identified with the Mare Island CFDs
● Violation of Mello-Roos Statute 53312.7: The statute requires a Policy and Goals Statement. Vallejo has never established a policy and goals statement for administration of the CFDs. (See Issue 7 above.)
● Violation of Mello-Roos Statutes 53331(a): The statute requires the “legislative body” (here, the Vallejo City Council), to adopt a resolution of consideration when altering the rate or method of apportionment of the special tax. No such resolution was adopted when the method and allocation was changed by the Goodwin formulas in 2010 or during the proceedings before the Federal Bankruptcy Court in 2011. (See Issues 5 and 6 above.) ● Violation of Mello-Roos Statute 53341.5: The statute requires that written notice of any CFD special tax must be given to any purchaser or lessor of property within the district.

The statute specifies the heading and text which must be given “in substantially the following form,” then sets forth the form. Mare Island homebuyers did not receive the required written notice.

In October 1991, the California Debt Advisory Commission (CDAC) published “Guidelines for Mello-Roos Financing,” recommending that new home buyers within CFDs should be provided information regarding how special tax rates are set and disclosure of the annual amount of the maximum special tax. Although CDAC published

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the guidelines in 1991, the Disclosure documents for Mare Island CFD residential properties did not disclose how the tax rates were set or the annual amount.

The formula for calculating and levying the Mare Island CFDs were changed at least twice with no notice to taxpayers. (See Issues 5 and 6 above.) ● Violation of Municipal Code Section 14.45.200: The Code Section requires City Council action whenever “an increase in the maximum tax or other alteration of such method of apportionment is sought.” Changes were made without City Council action. (See Issue 5 above.)
● Mello-Roos CFD Statutes 53325.3: The statute requires that CFD special taxes “may be on or based on a benefit received by parcels of real property, the cost of making facilities or authorized services available to each parcel, or some other reasonable basis as determined by the legislative body.” The millions of dollars in CFD taxes levied annually on Mare Island residents do not fulfill any of the statutory requirements.

Residents do not benefit by paying for 4 million square feet of commercial space occupied by profit-making businesses. (See Issue 6 above.) The City’s own data show the cost of providing police and fire services to Mare Island is nowhere near the $3.3 million charged in the current FY2023-24 budget. (See Issues 4 and 7 above.) The evidence shows that the “legislative body” (Vallejo City Council) does not know the “basis” of the amount levied (see Issues 5 and 6 above) and has never “determined” any other “reasonable basis” for the amounts charged. As demonstrated in Issues 6 and 7 above, Mare Island CFD taxes, specifically for fire and police services, are not reasonable, nor are the methodology and formulas used to determine those taxes. ● Violation of Vallejo City Charter Article VII Fiscal Administration Section 716:

Section 716 states: “No expenditure of City funds shall be made except for the purposes and the manner specified in an appropriation by the Council. The City Manager shall establish and direct such systems of internal controls and audit as he/she may find necessary to insure the fulfillment of the section.” As demonstrated above, the City is fraudulently balancing its budget with millions of dollars from budgeted positions it knows it will not fill, and all efforts by taxpayers to learn where and how that money is spent have been stonewalled. (See Issue 4 above.) There has never been an independent audit of the Mare Island CFDs in over 20 years, and no internal controls seem to exist for the millions of dollars in public tax dollars that have been collected from CFD taxpayers.. (See Issues 1, 2 and 3 above.)
● Violation of Municipal Code Section 2.02.270: The Code Section states: “Special presentations by members of the public to the council may be made from time to time provided that prior notice is given both the office of the city manager and the mayor's office that a special presentation is being planned, giving the subject matter and the date requested to appear on the agenda. The mayor and the city manager shall determine when the presentation shall appear on the agenda, scheduling it as promptly as time permits,

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Malia M. Cohen
February 15, 2024
_____________________

Page 18 of 19 ends

taking into account the date requested.” MISTEA requested an opportunity to present to the City Council for many weeks prior to the budget cycle which culminated in June 2023. The City Manager resisted the presentation until Council Members insisted it be scheduled, which finally occurred on May 30. This delay, by the City Manager and Staff, prevented the Council from receiving information in time to take responsive action on the budget, and was another part of the stonewalling tactics deployed by the City Manager and Staff to prevent City Council inquiry into misadministration of the Mare Island CFDs.
● Violation of the Vallejo Code of Ethics For Appointed and Elected Officials:

The City of Vallejo has established a Code of Ethics which states, in pertinent part:
“The citizens and businesses of Vallejo are entitled to have a fair, ethical and accountable local government which has earned the public’s full confidence in its integrity. In keeping with the City of Vallejo’s commitment to excellence, the effective functioning of democratic government therefore requires that: Public officials, both elected and appointed, comply both with the letter and the spirit of the law and policies affecting the operations of government.” [Emphasis added.] Issues 1-13 above raise legitimate concerns and doubts that the citizens of Vallejo residing and paying taxes within the Mare Island CFDs have a “fair, ethical and accountable local government.” The actions (and inactions) of that government do not earn “full confidence in its integrity,” and fall far short of that mark. Because the City has refused to be “accountable” for the tens of millions of dollars of CFD taxes it has collected for over 20 years, there is no basis to conclude that the City has acted fairly or ethically, and the evidence in Issues 1-13 above is to the contrary.

MISTEA members have tried every known strategy, for many years, to work with the City to address the issues described in this letter, but to no avail. An independent audit is the only remedy for the ills created by the City’s unwillingness to square up with the issues raised and seek solutions. The City Council must have a complete set of facts when deliberating on issues of public concern, particularly issues of tax collection and expenditure, yet City management and staff have purposely prevented the Council from receiving those facts. An audit will provide facts.

CONCLUSION
We believe the foregoing facts, supported by the evidence cited above and in the accompanying Attachments, provide strong support for our request to you to conduct an audit of the City of Vallejo’s administration of the Mare Island CFDs. We have documented our concerns of financial mismanagement, misuse of funds and a lack of transparency and accountability concerning millions of public tax dollars. We have demonstrated irregularities and noncompliance with certain Mello-Roos statutes and other regulatory frameworks. An independent

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Malia M. Cohen
February 15, 2024
_____________________

Page 19 of 19 ends

audit is long overdue. We are also ready, willing and able to meet with you in person to discuss and show you even more evidence we have gathered in support of each of the points above.

Thank you for your kind attention to this letter and for considering our request.

Very truly yours,
Sherianne Grimm
Email: [email protected]
Phone: 805-947-7209
Daniel Glaze
Email: [email protected]
Phone: 707-643-0729
Miguel Buchwald
Jim Casper
James DuCharme
Susan Nichols
Wendell Quigley
Daniel Boone
cc: Michael Cheng – Office of State Controller
Albert Sim – Office of State Controller

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INDEX OF ATTACHMENTS

ATTACHMENTS DESCRIPTION
1 Finance Director email re no independent audits
2 MISTEA PowerPoint Presentation to City Council,
May 30, 2023
3 Benink Letter to City Manager 11-15-2021
4 Jones Hall hiring communications
5 PRA Request 23-734 and Response, expenses v. actual
costs
6 City Manager Budget Report, June 6, 2023 (excerpts)
7 Chief Ta Report 11-28-2023 re police staffing
(excerpts)
8 ALCO Writ Petition and Complaint
9 ALCO Lawsuit, City Removal To Bankruptcy Court
10 ALCO Lawsuit - Stipulation re Dismissal
11 ALCO Lawsuit - Court Order of Dismissal
12 Goodwin Allocation Memorandum 08-24-2016.pdf
13 PRA Request 23-839 and Response, no Notice re RMA
changes
14 $56 million CFDs paid for police and fire, 2003-2023 15 Fire and police service calls comparison
16 Mare Island v. City Comparison, taxes for police and fire
17 City’s Annual RMA Special Tax Requirement
Summary, 2005-06 to 2022-23
18 87 cents on the dollar Administration Fees

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ATTACHMENTS DESCRIPTION
19 Resolution 02-189 Formation of Community Facilities
District 2002-1
20 2020 U.S. Census Data, $138 million Mare Island
Annual Payroll.
21 Economic Policy Institute, Job Multiplier Analysis
2019
22 GOODWIN Scope of Work re “Other Revenues”
23 ORRICK Scope of Work re Other Revenues
24 City of Vallejo Code of Ethics and Conduct

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ATTACHMENT - 1

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From: Rekha Nayar <[email protected]>
Date: October 5, 2023 at 4:19:13 PM PDT
To: Sherianne Grimm <[email protected]>
Cc: Florita Cruz <[email protected]>, Calvin Cho <[email protected]>, Mike Malone <[email protected]>, Narcissa Wilson <[email protected]>, Veronica Nebb <[email protected]>, Gillian Haen <[email protected]> Subject: RE: CPRA request

Dear Ms. Grimm
We appreciate your patience. We were confused by the statement “that the city reimbursed itself for 15mil”. We have analyzed all the data to verify your claim and found that it is related to the cashflow. We will present the data in a way that will show you how the funding returns to the MI fund balance and not to the city, by the end of the week.

The city has not had a specific audit for MI compliance. MI fund is audited as part of our annual audit and presented in our ACFR.

Thank you!
_______________________________________________________________________________________ Rekha Nayar
Finance Director
City of Vallejo
555 Santa Clara St, Vallejo California, 94590
Tel: 707-648-5433

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From: Sherianne Grimm <[email protected]>
Sent: Saturday, September 30, 2023 3:07 PM
To: Florita Cruz <[email protected]>; Calvin Cho <[email protected]> Subject: Re: CPRA request
It habeen over ten days. Please let me know when we can expect a response. Sherianne Grimm Sent from my iPho ne On Sep 1 9, 2023, at 12: 30 PM, Sherianne Grimm <sagrimm19 61@ icloud. com> wrote: Dear Florita and Calvin,We forwarded at ZjQcmQRY FpfptBannerStart
This Message Is From an External Sender
This message came from outside your organization.

ZjQcmQRY FpfptBanne
It has been over ten days. Please let me know when we can expect a response.

Sherianne Grimm
Sent from my iPhone
On Sep 19, 2023, at 12:30 PM, Sherianne Grimm <[email protected]> wrote:

Dear Florita and Calvin,
We forwarded at your request, the Special Tax calculations from the Tax Administration reports. We continue to have questions regarding the past practice of the City correctly applying carryover in the Special Tax Calculations at the end of each Fiscal Year for twelve years and subsequently not applying the surplus in the past 6 Fiscal Years.

On Sunday September 17, the MISTEA Committee met and per the CPRA, in addition to information on the carryover calculations, we would like information on the following:

o It appears that the City reimbursed itself for 15-16 million in advanced costs in 2002-1 (years 05-06 thru 16-17) Please provide an itemized accounting of what those advanced costs were spent on.
o In the past 21 years have the Mare Island CFDs had a specific audit for compliance, etc? This would be a separate audit from the annual audit conducted on Vallejo City Budget.

Thank you and kind regards,
Sherianne Grimm
Sent from my iPhone

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ATTACHMENT - 2

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Mare Island CFDs
Presentation by MISTEA
Mare Island Special Tax Elimination Alliance
May 30, 2023
1

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What we agree on…
• On April 25, Ms. Hayes, Ms. Goodwin and Mr. Nagy said Mare Island CFDs should be rewritten, restructured, or eliminated completely when the new Specific Plan is approved. (Estimated time: 24-36 months).
• When the CFDs are changed in the future, the “three-legged stool” approach is best-- City + Mare Island Company + Mare Island Taxpayers, working together.
• CFD Police and Fire charges are unfair.
2

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On April 25, City Staff and Goodwin
Consulting Group Said: The Facts:

1. Mare island homeowners are asking the City to
restructure the CFDs.

We are not asking for restructuring-- only to not be
charged “extra” for fire and police services.

2. CFD 2002-1 cannot be modified without modifying
other 2005 CFDs.

Any CFD 2002-1 assessment (including those for
fire and police services) can be modified by the City
Council through the budget.

3. Homeowners got a discount from when they
purchased.

MISTEA members who were “original purchasers”
from Lennar received NO DISCOUNT. Only Lennar
employees were offered discounts.
(Sources: Susan Nichols, Wendell Quigley)

4. Homeowners were provided “full disclosure” of
CFD fees when they purchased.

No. To the extent CFDs were disclosed at all, there
was no disclosure that CFDs charged an “extra” tax
for fire and police services that no other Vallejo
taxpayer pays.

5. Changing Mare Island CFDs could set a precedent
so that other areas would make similar requests.

We are not asking to “change” the CFDs. Taking the
fire and police assessment out of the budget will not
set a precedent-- no other CFD payer (or any other
Vallejo taxpayer) is charged “extra” for fire and
police service.

What we disagree on…

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On April 25, City Staff and Goodwin
Consulting Group Said:

The Facts:

6. Mare Island CFD payers had no expectation of
“sunsetting.”
The fact that CFD-2002-1 “shall terminate” when
Island revenues exceed budgeted expenditures is
clearly stated on page 11 of the Rate and Method of
Apportionment (RMA), and in the City’s own FAQs.

7. Homeowners received a $300-$600 annual
reduction when the City “froze” collection for CFD
2005-1B starting in FY 20-21, so City “met them
halfway.”
CFD 2005-1B was a “slush fund” accumulating
money for years with no expenditures. That fund
still has a $700,000 balance going nowhere. The
$300-$600 annual reduction is not “meeting
halfway”– CFD taxes on Mare island are still over
$4000 annually.

What we disagree on…

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On April 25, City Staff and Goodwin
Consulting Group Said:

The Facts:

8. Changing the budget will not give homeowners any
relief –
Homeowners are charged the Maximum Special Tax
according to CFD Rate and Method of Apportionment
(RMA) formulas (i.e. Goodwin’s “Step 1 and Step 2”)
Eliminating unfair charges for Fire and Police will
provide relief for all Mare Island CFD ratepayers.

RMA says: Step 1 is to charge the 322 homeowners
their maximum rate, total the amount, and then
subtract that sum from the budgeted expenditures.

Step 2 explains how the maximum rate can be
reduced, as explained in the RMA.

Charges for Fire and Police are over 73% of the CFD
2002-1 budgeted expenditures!
By eliminating them, CFD fees are reduced for all
ratepayers!
What we disagree on…

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On April 25, City Staff and Goodwin
Consulting Group Said:

The Facts:

9. At the April 25 Council meeting Ms. Goodwin
stated: [begins 3:24:38]
“The CFDs are tied together, in the simplest
explanation, if we reduced just 2002-1 on the
homeowners, there’s an automatic, um incr--, that
decrease would be absorbed by 2005-1A, and it
would just, the total would just go back up, the two
are connected that way, so all three CFDs would
need to be changed at one time to affect any
reduction in the taxes.”
MISTEA reviewed the referenced CFD language and
found:

1. There is no “automatic” decrease that would be
“absorbed”.

2. There is some language in CFD 2005-1A
(Facilities) about subtracting CFD 2002-1 taxes --
but (Facilities) addresses BOND expenses, NOT
services.

3. There is no language that precludes the City
Council from reducing CFD 2002-1 expenditures for
Fire and Police through the budget, or reducing CFD
2005-1A through the budget if necessary, so the
total does not “just go back up.”
What we disagree on…

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On April 25, City Staff and Goodwin
Consulting Group Said:

The Facts:

9. (continued) At the April 25 Council meeting Ms.

Goodwin stated: [begins 3:24:38]
“The CFDs are tied together, in the simplest
explanation, if we reduced just 2002-1 on the
homeowners, there’s an automatic, um incr--, that
decrease would be absorbed by 2005-1A, and it
would just, the total would just go back up, the two
are connected that way, so all three CFDs would
need to be changed at one time to affect any
reduction in the taxes.”
• Ms. Goodwin never explained where or how a
decrease in the CFD 2002-1 police and fire
budget would be “absorbed by 2005-1A” or how
“the total would just go back up.”
• The City Council controls the budget for all three
CFDs, not Goodwin Consulting Group. and that
includes the budget for CFD 2005-1A.
• The City Council can stop the continued unfair
assessment for police and fire services through
the budget process, whether it is CFD 2002-1, or
CFD 2005-1A, or both.

What we disagree on…

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April 25, 2023 City Council Meeting, Transcribed From Video Ms. Goodwin [begins 4:33:25] Well the police and fire costs are provided to us as part of the budget, so every year, we consult with the City to find out what the budget for all the services for Mare Island is.

And so, it’s not, we don’t, we’re not involved in determining that budget, or understanding you know which costs, um, how the costs are allocated, there’s a list of authorized services for the island, and the budget for those services is put together by the City and provided to us.

Ms. Goodwin reminded you that City Council controls the budget, NOT Goodwin Consulting Group.

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What we are asking you to do…
• NOT to rewrite, restructure or eliminate any CFD.
• SIMPLY, remove the amount of the unfair EXTRA tax for basic fire and police services, which no other Vallejo taxpayer pays, FROM THE BUDGET.
9

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10 The Mare Island CFDs
An Overview

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Mare Island CFD Designation
(FY 2022-23 collected revenues) Charged for:
2002-1
($4,535,791)

1. Police/Fire Services ($3.3 Million/year)

2. Bridge/Causeway Operations and Maintenance

3. Alden and Chapel Parks (future parks)

4. Road maintenance, lighting

5. Predator Management

6. Building 535 (used by City for Mare Island maintenance work) and Alden Park Gazebo

7. City of Vallejo Administrative Costs
2005-1A – Services
($281,569)
Landscaping services, water, gas & electricity
2005-1A – Facilities (Slush Fund)
($100,002)
Approx Fund Balance= $1,500,000
Contingency fund for possible capital repairs or improvements to various infrastructure elements; (e.g. sewers, water facilities, streets, bridge, landscaping/slope planting).
2005-1B – Services (Slush Fund)
($0 –collections discontinued in FY 2020-21 – City has
never contributed anything )
Approx Fund Balance= $700,000
Contingency fund for possible services improvements to landscaping and parks, lighting facilities, streets/water/sewer facilities, flood control and storm drain facilities, riparian habitat and waterfront features, security & safety features and vehicle parking facilities.

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Why we say police and fire charges
are unfair,
and should be removed from
the budget.
12

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13 2774
6174
2143
65 2382
6951
2061
65 2603
6322
2578
65 2822
5790
5309
65 0
1000
2000
3000
4000
5000
6000
7000
8000
94589 94590 94591 94592
Vallejo Fire Department Calls by Zip Code
2016 2017 2018 2021
NOTE: % OF VPD
calls was similar.

Average annual
number used for
94592--
There were only a
total of 650 VFD
calls for a 12-year
period vs 147,000
calls for other zip
codes. (=0.4%)

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14 Though
Mare Island
has less
crime, we
want to pay
for police
services the
same as all
other Vallejo
taxpayers,
not “extra.”

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From: West Lieutenant <[email protected]> Date: Mon, Oct 24, 2022 at 2:34 AM
Subject: RE: Police presence on Mare Island
To: Miguel Buchwald <[email protected]>
Mr. Buchwald
Thank you for reaching out. I have asked the other watch commanders and patrol supervisors to do the exact thing you are asking; a drive through the area before or after officers use the gym on Nimitz. I do think what you are paying is exorbitant as we have not been able to regularly staff your service area for quite some time due to limited manpower. Patrol officers respond to calls for service based upon the priority level of the call. The lack of staffing leaves very little time for officers to drive through many areas including Mare Island as they catch up on the many calls which hold for extended periods of time (hours and sometimes days).

All that being said I will happily issue an email to patrol officers to provide presence to the island either before or after their time in the gym.

Regards,
Sanjay Ramrakha
Watch Commander
Patrol Division

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CFD 2002-1 CUMULATIVE “EXTRA” FIRE AND POLICE CHARGES
2002-2023

FISCAL YEAR
ENDING

TOTAL POLICE
BUDGET

CHARGED TO CFD
2002-1 (est)

TOTAL FIRE
BUDGET

CHARGED TO CFD
2002-1 (est)

TOTAL CFD

CHARGES
TOTAL

CUMULATIVE

CHARGES
2003 31,780,000 $ $ 587,930 $ 18,398,800 $ 1,576,777 $ 2,164,707 $ 2,164,707 Estimated from CFD staff & reports 2004 31,661,800 $ $ 585,743 $ 20,316,400 $ 1,741,115 $ 2,326,859 $ 4,491,566 2005 31,780,000 $ $ 587,930 $ 20,861,000 $ 1,787,788 $ 2,375,718 $ 6,867,284 2006 30,774,000 $ $ 569,319 $ 22,059,500 $ 1,890,499 $ 2,459,818 $ 9,327,102 2007 40,245,687 $ $ 744,545 $ 25,451,885 $ 2,181,227 $ 2,925,772 $ 12,252,874 2008 43,000,944 $ $ 795,517 $ 26,542,825 $ 2,274,720 $ 3,070,238 $ 15,323,111 2009 36,690,126 $ $ 678,767 $ 23,821,235 $ 2,041,480 $ 2,720,247 $ 18,043,358 2010 28,781,427 $ $ 532,456 $ 19,827,320 $ 1,699,201 $ 2,231,658 $ 20,275,016 Estimated from 2016 Allocation Formulas 2011 28,872,198 $ $ 534,136 $ 17,100,807 $ 1,465,539 $ 1,999,675 $ 22,274,691 2012 31,668,649 $ $ 585,870 $ 19,513,740 $ 1,672,328 $ 2,258,198 $ 24,532,888 2013 38,130,490 $ $ 705,414 $ 21,087,573 $ 1,807,205 $ 2,512,619 $ 27,045,507 2014 39,524,535 $ $ 731,204 $ 24,822,856 $ 2,127,319 $ 2,858,523 $ 29,904,030 2015 36,268,748 $ $ 670,972 $ 24,830,166 $ 2,127,945 $ 2,798,917 $ 32,702,947 2016 39,969,230 $ $ 739,431 $ 24,387,558 $ 2,090,014 $ 2,829,444 $ 35,532,392 2017 44,323,680 $ $ 819,988 $ 26,205,262 $ 2,245,791 $ 3,065,779 $ 38,598,171 2018 44,337,217 $ $ 596,000 $ 26,797,408 $ 1,822,200 $ 2,418,200 $ 41,016,371 Actuals from City Data 2019 47,406,791 $ $ 716,000 $ 28,170,606 $ 2,162,000 $ 2,878,000 $ 43,894,371 2020 46,323,975 $ $ 716,000 $ 28,054,675 $ 2,162,000 $ 2,878,000 $ 46,772,371 2021 52,049,945 $ $ 731,000 $ 31,452,445 $ 2,162,000 $ 2,893,000 $ 49,665,371 2022 55,296,120 $ $ 769,000 $ 33,527,511 $ 2,320,000 $ 3,089,000 $ 52,754,371 2023 59,535,707 $ $ 833,000 $ 35,854,429 $ 2,498,000 $ 3,331,000 $ 56,085,371 TOTALS 14,230,223 41,855,148 $ 56,085,371

MARE ISLAND

TAXPAYERS HAVE

ALREADY PAID MORE
THAN OUR FAIR SHARE!

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17 CFD 2002-1 CUMULATIVE “EXTRA” FIRE AND POLICE CHARGES 2002-2023
$56 MILLION ! $56 MILLION !
YET VFD AND VPD DATA INDICATE THAT <1% OF
THEIR RESPONSES CALLS ARE TO MARE ISLAND !

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Comparison of Amounts Paid for Police and Fire Services $500K Home on Mare Island vs $500K Home in "Mainland" Vallejo Premises:

1. Both homes pay basic ≈ 1% "Proposition 13" based Property Taxes

2. 1% of $500K = $5,000

3. 18.78% of those property taxes paid return to the City of Vallejo

4. 18.78% x $5000 = $939

5. 19% of City budget is budgeted paid for police services and 12% is for fire services.

6. There is no difference in property taxes for Police and Fire Services paid by Mainland and Mare Island homeowners.

7. CFD 2002-1 fees paid by typical Mare Island home = $3213.

8. 55.4% of CFD 2002-1 expenditures are charged for fire services and 18.1% for police services

9. All other city revenue tax contributions (e.g. sales taxes) for both homeowners would be similar.

FY 2023-24 Budget Numbers
Paid by $500K
Home on
Mare Island
Paid by $500K
Home on
Mainland
12% of City Budget for Fire = .12 x $939 $ 112.68 $ 112.68 19% of City Budget for Police = .19 x $939 $ 178.41 $ 178.41

54.5% CFD 2002-1 Fees paid for Fire= 0.551 x $3213 = $ 1,770.36 -

18.1% CFD 2002-1 Fees for Police= 0.18 x $3213= $ 591.19 - Totals $ 2,652.65 $ 291.09

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The Navy had fulltime Police & Fire
Departments on
Mare Island.

When the City asked
the Navy the cost to
run Mare Island, the
Navy said about $5
million a year.

Which included fulltime Police & Fire.

The City used that
$5 million as the
starting point for the
“Services” budget
for Mare Island CFDs
in 2002.

That Services
budget, drastically
inflated from the
start, has overcharged Mare Island
taxpayers for 20
years.

Page 908 of 1722 ends

The City’s first proposed “Services”
tax on Mare Island was based on the
Navy’s $5 million cost to provide a
Police Department and Fire
Department ON MARE ISLAND, FOR
MARE ISLAND– which the City has
never done.

Page 909 of 1722 ends

April 25, 2023 City Council Meeting, Transcribed From Video Hon. Mayor [begins 4:30:45] There is one thing I want to try to clarify tonight, it is not a question, okay, Mr. Glaze has argued that the members of Mare Island are being charged too much for police and fire services, it’s not part of the CFD formula, he maintains. Maybe that’s true and maybe that’s not, I don’t know. But, are we, realistically determining how much service for fire and police only, should be passed on to the residents of Mare Island, forgetting all the services that go with development and everything else. That seems to be the crux, because if Mr. Glaze is correct in that argument, we don’t need to change the CFDs. If he’s not correct, then we do, and each change has repercussions elsewhere. So I don’t know how we get accurate information on that.

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Mare Island Taxpayers are Quadruple-Charged
for Police and Fire Services • Regular property taxes
• “Extra” CFD taxes
• Measures B and V
• Measure P
Measure B (2011): To enhance funding for 9-1-1 response, police patrols, firefighter and paramedic services, youth and senior programs, street and pothole repair, graffiti removal, economic development, and general city services, shall the sales tax be raised one cent, expiring after ten years, with all revenue legally required to stay in Vallejo? Measure V (2016): Shall an “Ordinance Amending Vallejo Municipal Code to Maintain Enhanced Funding for 911 Response, Police Patrols, Firefighter and Emergency Medical Services, Youth Programs, Street and Pothole Repair, Graffiti Removal, Economic Development, and Other General City Services, Renewing the Existing, Voter-Approved, One Percent Transactions and Use (Sales) Tax (Measure B) to Provide Approximately $14 Million Yearly with All Revenues Independently Audited and Expenditures Publicly Reviewed and Locally Controlled” be adopted? Measure P (2022): City of Vallejo Safe Streets and Essential Services Measure. To maintain critical city services, such as keeping public spaces healthy/safe/clean; maintaining fire protection/emergency medical response/crime prevention; addressing homelessness/blight/dumping; repairing deteriorating neighborhood streets/roads/sidewalks; and for general government use; shall the City of Vallejo adopt a measure establishing a 0.875% sales tax, providing $18,000,000 annually until ended by voters, requiring audits, independent citizen oversight, and all funds legally required to be spent locally?

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ARPA MONEY RE-OPENED THE GLEN COVE FIRE STATION.

THAT IS GOOD.

GLEN COVE DOES NOT PAY “EXTRA” FOR BASIC FIRE SERVICE.

THAT IS GOOD, FOR GLEN COVE.

MARE ISLAND’S FIRE STATION REMAINS CLOSED, SINCE 2009.

YET, MARE ISLAND PAYS “EXTRA”.
($2,498,000 in CFD 2002-1 FY 2022-23 budget for fire service)

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Yes, you have the power to do this NOW.
24

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25 The State says you can do it…. City Council Does Have the Power to Eliminate Unreasonable CFD Charges for Fire and The Mello Police Service -Roos statutes which govern CFDs include California Government Code section 53330.7 which states, in pertinent part:
“Except as otherwise provided in this article, the legislative body may, at any time, after conducting a public hearing, eliminate one or more of the types of facilities and services specified in the resolution of formation of the district but may not finance any types of facilities and services that were not specified in the resolution of formation.”

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26 Goodwin Consulting Group
says you can do it…. e State says you
can do it….

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27 The City’s own FAQs say you can do it…
Actually, City staff
proposes, but

CITY COUNCIL
decides, with
your votes, what
to spend on CFD
services through
the budgetary
process.
https://www.cityofvallejo.net/cms/one.aspx?portalId=16925451&pageId=17954349

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28 PRECEDENTS FOR ADJUSTING BUDGET
WITHOUT RESTRUCTURING CFDs
• For FY 2020-21 the City Council approved a CFD budget that included a new $250,000 City General Fund contribution to the Operation & Maintenance of the Bridge/Causeway. • The contribution was justified by unfairness to CFD homeowners and ratepayers. • As it was just a budget adjustment, no “restructuring of the CFD” was done or even considered. • Similar adjustments were made when the City closed the Mare Island Fire Station in 2009 – again with no CFD restructuring .
• CFD charges for Fire and Police services could clearly be eliminated without CFD restructuring.

History says you can do it…

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Yes, you have the money to do this NOW.
• Budget surplus– unfilled, budgeted police positions.
• Over $56 million collected from Mare Island, JUST for police and fire, over 20 years.
• Sales Tax Revenues, which Mare Islanders ALSO pay.
29

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VALLEJO CITY COUNCIL
REGULAR MEETING – 7:00 PM COUNCIL CHAMBERS
555 Santa Clara Street, Vallejo, California
DECEMBER 20, 2022
ACTION CALENDAR ITEM 9.B.

ADOPT A RESOLUTION AUTHORIZING THE CHIEF OF POLICE TO ENTER INTO A NO-COST, "BETA TEST" CONTRACT WITH FLOCK AUDITORY GUNSHOT

DETECTION (RAVEN) TECHNOLOGY DEPLOYMENT
Video Time: 1:55:00 - 1:55:30
Chief Ta stated: 89 sworn officers,
132 authorized
Video Time: 2:19:11 - 2:19:18
Chief Ta stated: “I do agree, we do need more
officers, that is not on the near horizon.”

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CITY OF VALLEJO
VPOA
Salary Ranges
Effective July 4, 2020
Range Entry Maximum
Number Classification Title Step 1 Step 2 Step 3 Step 4 Step 5 Step 6

POLICE OFFICER
P00 BASE Hourly 42.2783 44.3922 46.6118 48.9424 51.3895 53.9590 Bi-weekly 3,382.26 3,551.38 3,728.94 3,915.39 4,111.16 4,316.72 Monthly 7,328.23 7,694.65 8,079.38 8,483.35 8,907.52 9,352.89 Annual 87,938.81 92,335.75 96,952.54 101,800.17 106,890.20 112,234.71 https://ci.vallejo.ca.us/our_city/departments_divisions/human_resources_department/salary_information

CITY BUDGET SURPLUS -- UNPAID POLICE SALARIES
132 Authorized Positions – 89 sworn = 43 unfilled positions Recent Recruiting Salary Range = $87,938.81 to $112,234.71 annually 43 unfilled positions x $87,938.81* = $ 3,781,368.83*
43 unfilled positions x $112,234.71 = $ 4,826,092.53*
*Calculation considers salaries only, does not include benefits, so surplus from unused police budget is much higher.

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32 Projected Budget Revenue for FY 23-24:

Measure P: $18,216,238.00
Measures B and V: $20,759,022.00
Total: $38,975,260.00

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33 Eliminating Police and Fire From the Budget
WILL Give Tax Relief To Mare Island Homeowners.

We Explain How, Step By Step.

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34 Where our information comes from…

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35 Definitions from that GCG Report… (Appendix D, pp. 3 and 4)

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36 Information from
that GCG Report…
(Main Report, p. 7)

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37 Step 1 – Step 2
Calculations… (Appendix D, p. 8)
(All numbers in calculations are from current
proposed FY 2023-24 Budget released by City)
Paragraph 1, Special Tax Requirement
calculation:

Services Budget minus Revenues = Special
Tax Requirement (STR)
FY23-24 Services Budget: $4,445,831
FY23-24 Police/Fire Budget: $3.294,000
FY23-24 Revenues: $1,961,282
Proposed Services Budget Reduction:
$4,445,831 - $3,294,000 = $1,151,831
Reduced Services Budget minus Revenues =
Reduced Special Tax Requirement
$1,151,831 - $1,961,282 = (-$809,451) (STR)
Step 1 MAXTAX from homeowners =
$920,699 (FY2022-23 amount x 2%)

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38 Step 1 – Step 2 Calculations,
cont’d…
Numbers from previous page:

Special Tax Requirement: (-$809,451)
Step 1 MAXTAX: $920,699
Step 2 Comparison:

Comparing: Step 1 MAXTAX $920,699 IS
greater than the Special Tax Requirement
(-$809,451), so MAXTAX for all nonresidential properties drops to zero, and MAXTAX for residential is calculated by Steps
2a and 2b.

Step 2a calculation:

Divide Special Tax Requirement by Step 1
MAX TAX to derive a quotient
(-$809,451) / $ 920,699 = (-0.8791) quotient
Step 2b calculation:

Multiply quotient by MAXTAX for each
residential parcel to derive REDUCED
MAXTAX for each parcel
(-0.8791) x $3213.22 (example parcel) =
(-$ 2,824.96) reduced parcel MAXTAX

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