FAIRFAX TOWN COUNCIL MEETING
STAFF REPORT
MEETING DATE March 4, 2026
PREPARED FOR Mayor and Town Council
PREPARED BY Heather Abrams, Town Manager
SUBJECT Agreement with the Fairfax Festival for Town to be Limited Fiscal Agent
RECOMMENDATION
Staff recommend that the Council adopt a resolution authorizing the Town Manager to finalize and execute an agreement with the Fairfax Festival Committee for the Town to provide Limited Fiscal Agent services and other described services to the 2026 Fairfax Festival.
EXECUTIVE SUMMARY
The beloved Fairfax Festival is an annual event that attracts thousands of residents and visitors over the three-day weekend. Festival Chair Larry Bagman and Festival Administrator Chealsea Donnovan have been working with the Town to clarify and formalize the Town’s and the Festival Committee’s roles. For many years, the Town has served as a limited fiscal agent for the festival and provides key staff support, including reimbursable overtime for Police, Public Works, as well as staff time from Finance Department and Recreation staff. The Festival reimburses the Town from proceeds generated through beer, wine and merchandise sales and booth rentals.
BACKGROUND
The Fairfax Festival has been a cornerstone in the community for over four decades. Organized by the Fairfax Festival Board and volunteers, it is supported by revenues from sponsorships, vendor booths, and food and beverage sales. This free, not-for-profit event is made possible through community partnerships with local non-profits and organizations. The leading Festival organizers are the Festival Chair, Larry Bragman, and Festival Administrator, Chealsea Donnovan.
Council last received a staff report and presentation about the Festival on February 5, 2025, which provides additional background information.
DISCUSSION
The attached agreement clarifies that the Town of Fairfax serves as the festival’s limited fiscal agent but does not oversee its programs, personnel, or financial decisions. Also included in the agreement are commitments from the Town to support this long-standing community event by providing several in-kind services at no charge, including:
• Street Closures: Council-approved closure of Elsie Lane for setup, cleanup, and festival hours. • Use of Public Spaces: The festival utilizes public property—including Bolinas Park, the ball field, Peri Park, and the Pavilion—for booth rentals, stages, and activities. • Promotion: Inclusion in Town newsletters, town website, and other communications. • Event Coordination: Recreation staff assists festival volunteers and organizers. • Financial Processing: As the festival's limited fiscal agent, the Town processes Festival payments, as the festival is not a Town program or an incorporated non-profit.
FISCAL IMPACT
There is no fiscal impact associated with approving this resolution which approves the Limited Fiscal Agent Service Agreement. Operations of the Fairfax Festival are shown in the Town's budget on page 65 on paper or 79 of 143 in the pdf: Fiscal-Yeat-25-26-FINAL-ADOPTED.pdf
ATTACHMENTS
Resolution with Draft Agreement
Town of Fairfax
Resolution No. 26-XX
RESOLUTION
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF FAIRFAX
APPROVING A LIMITED FISCAL AGENT SERVICE AGREEMENT WITH THE FAIRFAX FESTIVAL COMMITTEE FOR FAIRFAX FESTIVAL 2026; AUTHORIZING THE TOWN MANAGER TO EXECUTE THE AGREEMENT; AND AUTHORIZING THE MANAGER AND
TOWN ATTORNEY TO MAKE MINOR MODIFICATIONS TO THE AGREEMENT IN KEEPING
WITH THE CURRENTLY STATED INTENT
WHEREAS, the Fairfax Festival Committee is a group of volunteers desiring to organize, promote, and conduct the Fairfax Festival 2026, a three-day community event to be held June 12–14, 2026, including a parade, live performances, film exhibition, food and beverage sales, and related activities within the Town of Fairfax; and
WHEREAS, the Town of Fairfax is willing to provide limited fiscal agent services for the Event, consisting of the handling of funds and disbursement of payments on behalf of the Festival Committee, in accordance with the terms and conditions set forth in the Limited Fiscal Agent Service Agreement; and
WHEREAS, the proposed Agreement provides for payment of Festival Committee–submitted invoices consistent with an approved budget (Exhibit A), accounting and itemization of all revenues and funds received, maintenance of separate accounts and records, and establishes a limit of $25,000 in Town payments made prior to reimbursement without further amendment by the Town Council; and
WHEREAS, the Agreement further specifies the Town’s provision of certain facilities, public works services, police support, and related services in connection with the Event, with reimbursement to the Town from Event funds as provided therein; and WHEREAS, the Agreement establishes the obligations of the Festival Committee, including transfer and itemization of all Event-generated funds to the Town, procurement of required insurance, compliance with applicable federal, state, and local laws, maintenance of records, and related responsibilities necessary to protect the public interest; and WHEREAS, the Town Council has reviewed the proposed Limited Fiscal Agent Service Agreement between the Town of Fairfax and the Fairfax Festival Committee, dated March 4, 2026, attached hereto and incorporated herein by reference ; and WHEREAS, the Town Council finds that approval of the Agreement will facilitate the successful administration of Fairfax Festival 2026 while ensuring appropriate fiscal oversight and accountability consistent with Town policies and applicable law; Town of Fairfax
Resolution No. 26-XX
NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Fairfax as follows:
1. The Town Council hereby approves the Limited Fiscal Agent Service Agreement between the Town of Fairfax and the Fairfax Festival Committee for Fairfax Festival 2026.
2. The Town Council authorizes the Town Manager to execute the Agreement, in a form substantially in keeping with the attached draft.
3. The Town Council authorizes the Town Manager and Town Attorney to make minor modifications to the Agreement in keeping with the currently stated intent.
PASSED, APPROVED, AND ADOPTED by the Town Council of the Town of Fairfax on this 4th day of March 2026, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST:
______________________________ ________________________________
STEPHANIE HELLMAN CHRISTINE FOSTER
MAYOR DEPUTY TOWN CLERK
Exhibit 1 – Draft Festival Limited Fiscal Agent Agreement Town of Fairfax
Resolution No. 26-XX
EXHIBIT 1
LIMITED FISCAL AGENT SERVICE AGREEMENT
This Limited Fiscal Agent Service Agreement (“Agreement”) is made and entered into as of the _____ day of March, 2026, by and between the Town of Fairfax, a municipal corporation ("Town") and the Fairfax Festival Committee, a group of volunteers ("Festival Committee” or “Committee”).
RECITALS
A. The Festival Committee is a group of individuals desiring to organize, promote and hold a three-day event (Fairfax Festival 2026 or “Event”) on (June 12-14, 2026) in the Town of Fairfax. (See attached Exhibit B – Festival Committee.) B. The Event will include a Parade on June 13, 2026, the sale of merchandise, crafts, food, beer, wine, and other non-alcoholic beverages, as well as live performances on three stages, all on June 13, 2026 and June 14, 2026, and the exhibition of a film on the evening of June 12, 2026.
C. In addition to other services described herein, the Town is willing to provide limited fiscal agent services to the Festival Committee consisting of the handling of funds and disbursement of payments as further described in this Agreement and on the terms and conditions described herein.
AGREEMENT
The Recitals listed above are hereby incorporated into and shall constitute a part of this Agreement.
1. Limited Fiscal Agent Services. The Town shall furnish the following limited fiscal agent services to the Festival Committee:
• Payment of Festival Committee submitted invoices to third party vendors and individuals as detailed on the Festival Committee’s approved budget. (See attached Exhibit A - Budget.) The total of all Town payments made to third party vendors and individuals prior to adequate reimbursement Funds being submitted to the Town, shall not exceed $25,000 (twenty-five thousand dollars) without further amendment of this Agreement by the Town Council.
• Accounting of Festival Committee submitted revenues, donations, sponsorships, and grant funds (“Funds”). All such Funds shall be itemized as to source. • Keeping and maintaining separate accounts and records of all Funds and disbursements or payments made on behalf of the Festival Committee.
2. Additional Town Provided Services/Goods.
• Use of Town owned property (facilities) including Bolinas Park, Peri Park, Central/Contratti Field during the Event.
• Fairfax Department of Public Works support to include setting up barricades for the Festival Parade, and maintenance and upkeep of Town facilities during the Event. The cost of such services shall be reimbursed to the Town by the Festival Committee from Event Funds. The final amount to be reimbursed for Public Works services shall be determined following the Town’s final accounting of actual costs incurred in connection with the Event. Following such final accounting, the Town Council may, in its sole Town of Fairfax
Resolution No. 26-XX
discretion, consider and make a public benefit finding and determine whether any portion of such costs shall be a donation from the Town.
• Fairfax Police Department support in excess of normal operations, to include Parade traffic control and additional security during the Event. The cost of such services shall be reimbursed to the Town by the Festival Committee from Event Funds. The final amount to be reimbursed for Police Department services shall be determined following the Town’s final accounting of actual costs incurred in connection with the Event. Following such final accounting, the Town Council may, in its sole discretion, consider and make a public benefit finding and determine whether any portion of such costs shall be a donation from the Town. .
• Street closures per Town Council Resolution.
3. Festival Committee Obligations.
• The Committee shall transfer all revenue generated by the Event and payable to the Committee, including food and beverage commissions, sponsorships, grants, donations, booth fees, and Fairfax Festival 2026 merchandise sales to the Town’s Finance Department. All such Funds shall be itemized as to source. • The Festival Committee shall provide to the Town, no later than thirty (30) days prior to the Event, a complete list of all organizations, vendors, or entities that will sell, serve, or distribute alcoholic beverages at the Event. The Festival Committee shall also provide proof that each such organization, vendor, or entity has obtained all required Alcoholic Beverage Control (ABC) licenses and approvals applicable to its activities at the Event. • The Committee shall transfer all revenue generated by the Event and payable to the Committee, including food and beverage commissions, sponsorships, grants, donations, booth fees, and Fairfax Festival 2026 merchandise sales to the Town’s Finance Department. All such Funds shall be itemized as to source. • Any Funds generated or maintained by the Festival Committee in other than Town accounts shall be transferred to the Town Finance Department within three business days of receipt.
• The Festival Committee shall provide copies of all agreements/contracts connected with the Event, including with Ecofest, to the Town.
• The Festival Committee shall ensure that all invoices submitted to the Town for payment to third parties shall be in alignment with the Fairfax Festival 2026’s approved budget. (See attached Exhibit A - Budget.)
• The Festival Committee shall procure a contractor for trash and recycling collection and disposal services.
4. Time of Performance. The services of the Town are to commence upon execution of this Agreement and shall continue until all authorized work has been completed and a final report or accounting of the Limited Fiscal Agent Services for the Event has been completed by the Town and presented to the Festival Committee. All such work shall be completed no later than October 1, 2026 and this Agreement shall end no later than December 31, 2026.
5. Independent Contractor. It is understood that Festival Committee, in the performance of the work and services agreed to be performed under this Agreement, shall act as and be an independent contractor and shall not act as an agent or employee of the Town.
6. Insurance Requirements.
Town of Fairfax
Resolution No. 26-XX
a. The Festival Committee shall procure and maintain, as described below for the duration of this Agreement, the following insurance policies. To the extent that any portion of the following requirements are satisfied through excess or umbrella coverage, such coverage shall be maintained on the same terms as are required for the primary policies under this Agreement. i. Workers' Compensation Coverage. Festival Committee shall maintain Workers' Compensation Insurance and Employer's Liability Insurance for any employees in accordance with the laws of the State of California.
ii. General Liability Coverage. Festival Committee shall maintain commercial general liability insurance in an amount not less than two million dollars ($2,000,000) per occurrence for bodily injury, personal injury and property damage. If a commercial general liability insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. iii. Automobile Liability Coverage. Festival Committee shall ensure that all contractors, vendors or volunteers shall maintain automobile liability insurance covering bodily injury and property damage for all activities undertaken on behalf of the 2026 Festival with the use of a personal automobile, in an amount meeting State mandated minimum requirements.
b. Policy Endorsements. The general liability insurance policy shall be with an insurer possessing a Best's rating of no less than A:VII and shall be endorsed with the following specific language:
i. The Town of Fairfax, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional insureds with respect to liability arising out of work performed under this Agreement or for activities on Town owned property. ii. This policy shall be considered primary insurance for the Town, its elected or appointed officers, officials, employees, agents and volunteers. Any insurance maintained by the Town, including any self-insured retention the Town may have, shall be considered excess insurance only and shall not contribute to the Event policy. iii. This insurance shall act for each insured and additional insured as though a separate policy had been written for each.
iv. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the Town, its elected or appointed officers, officials, employees, agents or volunteers.
c. Certificates of Insurance and Endorsements. The Festival Committee shall provide a certificate of insurance with original endorsements to the Town as evidence of the insurance coverage required herein. Certificates of such insurance shall be filed with the Town on or before commencement of performance under this Agreement.
d. Wasting Policies. The policy required herein shall not include a “wasting” policy limit (i.e. limit that is eroded by the cost of defense).
e. Waiver of Subrogation. The Festival Committee hereby agrees to waive subrogation which Town of Fairfax
Resolution No. 26-XX
any insurer or contractor may require from Festival Committee by virtue of the payment of any loss. Festival Committee agrees to obtain any endorsements that may be necessary to effect this waiver of subrogation, but this provision applies regardless of whether the Town has received a waiver of subrogation endorsement from the insurer.
7. Compliance with Laws. The Festival Committee shall comply with all applicable federal, state and local laws, codes, ordinances and regulations.
8. Licenses. The Festival Committee represents and warrants to Town that it has, shall obtain or require all vendors, contractors and volunteers, through all agreements between the Festival Committee and same vendors, contractors and volunteers, to obtain all licenses, permits, and approvals of whatsoever nature which are legally required of Festival Committee to hold the Event and accompanying activities.
9. Controlling Law Venue. This Agreement and all matters relating to it shall be governed by the laws of the State of California and any action brought relating to this Agreement shall be held exclusively in a state court in the County of Marin, California.
10. Written Notification. Any notice, demand, request, consent, approval or communication that either party desires or is required to give to the other party shall be in writing and either served personally or sent via email to the person and address provided below.
If to Town: Town of Fairfax, Town Manager
142 Bolinas Road
Fairfax, CA 94930
[email protected]
If to Festival Committee: Fairfax Festival
PO Box 1067
Fairfax CA 94978
11. Festival Committee's Books and Records. The Festival Committee shall maintain any and all invoices, records of accounts, agreements, and all other records or documents evidencing or relating to Festival 2026 Funds and disbursements for a minimum period of three (3) years, or for any longer period required by law, from the execution date of this Agreement.
Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit, at any time during regular business hours, upon written request by the Town Manager. Copies of such documents shall be provided to the Town for inspection at Town Hall.
12. Entire Agreement. This Agreement constitutes the complete and exclusive statement of Agreement between the Town and the Festival Committee. All prior written and oral communications, including correspondence, drafts, memoranda, and representations, as well as past practice, are superseded in total by this Agreement.
13. Amendments. This Agreement may be modified or amended only by a written document executed by both the Festival Committee and the Town.
Town of Fairfax
Resolution No. 26-XX
14. Waiver. No failure on the part of either party to exercise any right or remedy hereunder shall operate as a waiver of any other right or remedy that party may have hereunder.
15. Litigation Expenses and Attorneys' Fees. If either party to this Agreement commences any legal action against the other party arising out of this Agreement, the prevailing party shall be entitled to recover its reasonable litigation expenses, including court costs, expert witness fees, discovery expenses, and attorneys' fees.
16. Execution. This Agreement may be executed in counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy hereof shall have been signed by both parties hereto. In approving this Agreement, it shall not be necessary to produce or account for more than one such counterpart.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date first written above.
Town of Fairfax: Festival Committee:
__________________________ By:
Heather Abrams
Town Manager
Title:
Town of Fairfax
Resolution No. 26-XX
EXHIBIT A
Fairfax Festival Budget
CATEGORY 2026 (PROPOSED) 2025 2024 2023
INCOME
Sponsorships $36,244 $36,244 $16,227 $16,500
Booths/Fees $28,950 $28,950 $37,459 $38,669
Commissions $48,000 $43,133 $32,670 $21,657
Total Receipts $113,194 $108,327 $86,356 $76,826
EXPENSES
Administration $11,000 $1,358 $5,105 $5,163
Advertising $1,863 $1,774 $1,910 $1,399
Astro Jump $660 $629 $600 $579
Entertainment $18,840 $17,943 $12,096 $6,792
Bike Parking $2,100 $2,000 $1,300 $1,300
BMI Licensing $464 $442 $459 $956
Equipment Rental $18,031 $17,172 $15,070 $17,494
Health Dept $5,758 $5,484 $5,332 $5,280
Insurance $3,203 $3,050 $3,182 $4,510
Misc $3,374 $3,213 $938 $2,336
PO Box $246 $234 $222 $216
Recycling $8,800 $7,993 $7,993 $5,460
Sound Engineering $4,410 $4,200 $4,000 $5,600
Stage Rental $945 $900 $2,600 $1,150
Merchandise $11,405 $10,862 $9,283 $9,853
Water $726 $691 $691 $465
Cups $10,000 $5,980 $3,867 $7,087
Less: ZWG Subsidy $0 -$2,500 -$3,867 -$7,087
OT Reimb $5,000 $5,000 $5,000 $5,000
Total Disbursements $106,824 $86,423 $75,781 $73,553
Net Revenue (Loss) $6,370 $21,904 $10,575 $3,273
Town of Fairfax
Resolution No. 26-XX
EXHIBIT B
List of Committee Members
Anna Heaphy Arts and Crafts
Chelsea Donovan Admin Support
Brenna Gubbins Poster and T Shirt
Carol Buchholz Ecofest Beer
Garrett Fitzg Website and Logo
Holly Bragman Ecofest/Festival Liaison
Jen Jones Ecofest
Jon Korty Main Stage Music
Larry Bragman Chairperson in Transition
Aura Lopez Ball Field Coordinator
Linda Bolt Parade Lead
Marina Guastucci Social Media
Merrell Maschino Parade and Website
Patty Bredt Rentals
Renee Goddard Zero Waste Emeritus
Richard Pedemonte Food/Bev; Info Booth
Rick Meissner Redwood Stage
Sam Silverstein Sponsorships
Tom Finch Ecofest Stage Music
Rachel Fischbein, PARC Commission Sponsorship Committee Maria Baird, Fairfax Staff Member Food Booth Committee
Anne Mannes, Fairfax Staff Member Ball Field Committee