Agenda, first session — Fairfield City Council, April 5, 2022 (part 3 of 4)

PASSED AND ADOPTED this 5th day of April 2022, by the following vote:

AYES: COUNCILMEMBERS: PRICE / BERTANI / MOY / PANDURO / TIMM / TONNESEN / VACCARO

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

MAYOR

ATTEST:

____________________________

CITY CLERK

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QUOTATION
Quoted To:

City of Fairfield Date:2/9/22
1000 Webster St.20220209-CF
Fairfield, CA 94533 3/8/22
NET 30
Sales Team:Quote Description:

Christian Naple 36 Months
Enterprise Account Manager
+1 510.684.8201
[email protected]
Item Part #Description Qty Unit Price Extended Price
1 F HEADER LINE 1 -$ -$ 2 ,Ethernet Bundle 2 7,622.30$ 15,244.60$ 3 SW,Trusted Platform Module Enabled,8300A,-C
\00A0 2 -$ -$ 4 SW,Data at Rest Encryption Enabled,8300A,-C 2 -$ -$ 5 4-Pt,25G,CX5,-C 2 -$ -$ 6 X66240A-05-N-C Cable,25GbE,SFP28-SFP28,Cu,0.5m,-C 2 -$ -$ 7 X66030A-N-C Cable,12Gb,Mini SAS HD,0.5m,-C 2 -$ -$ 8 X66032A-N-C Cable,12Gb,Mini SAS HD,2m,-C 8 -$ -$ 9 X66211A-05-N-C Cable,100GbE,QSFP28-QSFP28,Cu,0 5m,-C 2 -$ -$ 10 X66250-5-N-C Cable,LC-LC,OM4,5m,-C 8 -$ -$ 11 DATA-AT-REST-ENCRYPTION Data at Rest Encryption Capable Operating Sys 2 -$ -$ 12 Rail Kit,4-Post,Rnd/Sq-Hole,Adj,24-32,-C 4 -$ -$ 13 Optical 10Gb Shortwave,-C 8 -$ -$ 14 1 -$ -$ 15 DS460C-07-10.0-60B-N-C Disk Shelf,12G,60x10TB,7.2K,-C 3 20,823.85$ 62,471.55$ 16 Documents ,-C 1 -$ -$ 17 X800E-R6-C Power Cable,North America,-C,R6 4 -$ -$ 18 SW-CORE-BNDLE SW,Core Bundle,18000 8.68$ 156,240.00$ 19 SW-DATA-PR-BDL SW,Data Protection Bd 18000 2.99$ 53,820.00$ 20 CS-NBD-DELIVERY-INC Next Business Day Parts Delivery, included 1 -$ -$ 21 CS-G1-SE-ADVISOR SupportEdge Advisor, 36 Months 1 137,295.80$ 137,295.80$ Subject to BerkCom Terms & Conditions Subtotal:425,071.95$ https://www.berkcom.com/terms/Estimated Freight:2,165.00$ Tax:-$
Total:427,236.95$
Berkeley Communications 801 Addison St., Berkeley, CA 94710 Quote Details:

Quote Number:

Quote valid through:

Net Terms:

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Agenda Item No: 11.

AGENDA REPORT
DATE:April 5, 2022
TO:Mayor and City Council
FROM:David Gassaway, Interim City Manager
SUBJECT:Resolution 202261 of the City Council of the City of Fairfield Approving the Second Amendment to the Communications Facility Ground Lease Between the City of Fairfield and GTE Mobilnet of California Limited Partnership dba Verizon Wireless for the Cellular Site Located off of Manuel Campos Parkway, Fairfield, More Commonly Known as APN 0167100160
RECOMMENDED ACTION
Adopt resolution.

STATEMENT OF ISSUE
The City of Fairfield and GTE Mobilnet of California Limited Partnership dba Verizon Wireless (Verizon) would like to enter into the proposed Second Amendment to Lease (Second Amendment), allowing Verizon to sublease space on their existing poles located off of Manuel Campos Parkway more commonly known APN 0167100160 (Property) to DISH Wireless LLC.

DISCUSSION
The City and Verizon entered into a Communications Facility Ground Lease on May 14, 2013, amended on July 2, 2014 (collectively, the Lease), allowing Verizon to construct and maintain a cellular site on the Property.

Verizon was approached by DISH Wireless LLC (DISH) requesting to colocate on Verizon’s existing poles. The Lease does not currently allow for colocation. The City and Verizon wish to amend the Lease to allow DISH to colocate on Verizon’s poles.

Verizon agrees to pay an additional $4,200 per year for the additional equipment and a onetime payment of $1,500.

DISH will be required to enter into a separate lease agreement with the City for land space needed for their equipment shelter.

The proposed resolution approves the Second Amendment and authorizes the city manager to execute all documents necessary for the approval of the Second Amendment.

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Agenda Item No: 11.AGENDA REPORTDATE:April 5, 2022 TO:Mayor and City CouncilFROM:David Gassaway, Interim City ManagerSUBJECT:Resolution 202261 of the City Council of the City of Fairfield Approving the SecondAmendment to the Communications Facility Ground Lease Between the City ofFairfield and GTE Mobilnet of California Limited Partnership dba Verizon Wireless forthe Cellular Site Located off of Manuel Campos Parkway, Fairfield, More CommonlyKnown as APN 0167100160RECOMMENDED ACTIONAdopt resolution.STATEMENT OF ISSUEThe City of Fairfield and GTE Mobilnet of California Limited Partnership dba Verizon Wireless (Verizon)would like to enter into the proposed Second Amendment to Lease (Second Amendment), allowingVerizon to sublease space on their existing poles located off of Manuel Campos Parkway morecommonly known APN 0167100160 (Property) to DISH Wireless LLC.DISCUSSIONThe City and Verizon entered into a Communications Facility Ground Lease on May 14, 2013,amended on July 2, 2014 (collectively, the Lease), allowing Verizon to construct and maintain a cellularsite on the Property. Verizon was approached by DISH Wireless LLC (DISH) requesting to colocate on Verizon’s existingpoles. The Lease does not currently allow for colocation. The City and Verizon wish to amend theLease to allow DISH to colocate on Verizon’s poles. Verizon agrees to pay an additional $4,200 per year for the additional equipment and a onetimepayment of $1,500. DISH will be required to enter into a separate lease agreement with the City for land space needed fortheir equipment shelter.

The proposed resolution approves the Second Amendment and authorizes the city manager to execute all documents necessary for the approval of the Second Amendment.

FINANCIAL IMPACT
Verizon will make additional rent payments in the amount of $4,200 per year as well as a onetime payment of $1,500. The funds will be deposited into the City’s General Fund Account Code 01199 0006505.

PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
N/A
ALTERNATIVE ACTION
The City Council can choose not to approve the transaction and terminate the Second Amendment with the parties.

STAFF CONTACT
Dwayne Dalman, Economic Development Division Manager
(707) 4287649
[email protected]
COORDINATED WITH
City Attorney's Office
ATTACHMENTS:

Description
Proposed Resolution
Agreement
REVIEWERS:

Reviewer Action Date
Dalman, Dwayne Approved 3/21/2022 7:54 PM
Gassaway, David Approved 3/28/2022 10:14 AM
Alexander, Amber Approved 3/28/2022 1:29 PM
Alexander, Amber Approved 3/28/2022 1:30 PM
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CITY OF FAIRFIELD

RESOLUTION NO. 2022-61

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAIRFIELD APPROVING THE SECOND

AMENDMENT TO THE COMMUNICATIONS FACILITY GROUND LEASE BETWEEN THE CITY OF

FAIRFIELD AND GTE MOBILNET OF CALIFORNIA LIMITED PARTNERSHIP DBA VERIZON

WIRELESS FOR THE CELLULAR SITE LOCATED OFF OF MANUEL CAMPOS PARKWAY, FAIRFIELD, MORE COMMONLY KNOWN AS APN 0167-100-160

WHEREAS, the City of Fairfield is the owner of the property located off of Manuel Campos Parkway, Fairfield APN 0167-100-160 (Property); and

WHEREAS, the City and Verizon entered into a Communications Facility Ground Lease on May 14, 2013, amended on July 2, 2014, (collectively, the Lease) allowing Verizon to construct and maintain a cellular site on the Property; and

WHEREAS, Verizon would like to lease space on their existing poles located on the Property to DISH Wireless LLC as proposed in the Second Amendment to Lease (Second Amendment); and

WHEREAS, Verizon will pay the City an additional $4,200 per year in rental payments and a one- time payment of $1,500; and

WHEREAS, DISH will enter into a separate lease agreement with the City for the land space needed to house their equipment shelter; and

WHEREAS, the City and Verizon would like to enter into the Second Amendment.

NOW, THEREFORE, THE COUNCIL OF THE CITY OF FAIRFIELD HEREBY RESOLVES:

Section 1. The City Council hereby approves the Second Amendment, as attached hereto, with such non-substantive changes as may be approved by the city manager.

Section 2. The city manager is hereby authorized to execute the Second Amendment and all documents required or contemplated by the Second Amendment on behalf of the City and to give all consents and approvals contemplated thereby on behalf of the City.

Section 3. The city manager is further authorized to do all things necessary and proper to implement this resolution.

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RES. NO. 2022-61

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PASSED AND ADOPTED this 5th day of April 2022, by the following vote:

AYES: COUNCILMEMBERS: PRICE / BERTANI / MOY / PANDURO / TIMM / TONNESEN / VACCARO

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

MAYOR

ATTEST:

____________________________

CITY CLERK

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Agenda Item No: 12.

AGENDA REPORT
DATE:April 5, 2022
TO:Mayor and City Council
FROM:David Gassaway, Interim City Manager
SUBJECT:Resolution 202262 of the City Council of the City of Fairfield Authorizing the City Manager to Purchase Nine Replacement Vehicles for Fixed Route, Paratransit, and Microtransit Operations
RECOMMENDED ACTION
Adopt resolution.

STATEMENT OF ISSUE
Fairfield and Suisun Transit (FAST) is seeking to replace seven fixedroute transit buses and two paratransit vehicles owned by the City of Fairfield. These buses have exhausted their useful life and are due for replacement. Staff recommends purchasing nine gasoline cutawaystyle vehicles as replacements which can be used for fixedroute, paratransit and microtransit service.

DISCUSSION
FAST currently operates 12 paratransit and 27 fixedroute (Gillig) buses. The expected useful life of a paratransit bus is seven years. The City currently has two 2007 paratransit buses that are 14 years old and are due for replacement. Likewise, the expected useful life of a Gillig bus is 12 years. The City currently has seven 2002 Gillig diesel 35’ buses that are 20 years old and are due for replacement.

Staff recommends replacing these nine vehicles with new 2022 gasoline cutawaystyle vehicles designed and equipped to be used in fixedroute, paratransit, and microtransit operations. Besides offering additional flexibility of use, the new nine buses will be more efficient than the current vehicles being replaced. This capital purchase of smaller buses will provide capital cost savings and ongoing operational cost savings with better fuel economy and maintenance cost per mile.

The purchase of nine cutaway vehicles can be done through a cooperative purchase completed with the Morongo Basin Transit Authority (MBTA) on behalf of the California Association for Coordinated Transportation (CalACT). The cost of the buses is approximately $124,700 each, including applicable taxes and fees, for a total cost of approximately $1,122,300. Final costs are determined at the execution of the purchase order; however, the final cost is not expected to exceed $1,122,300. Over the past year, the staff has experience supply chain issues, causing delays in procuring specialty products such as vehicles and rising prices. To account for the potential price increases after placing the order, Packet Page 320 of 480

Agenda Item No: 12.AGENDA REPORTDATE:April 5, 2022 TO:Mayor and City CouncilFROM:David Gassaway, Interim City ManagerSUBJECT:Resolution 202262 of the City Council of the City of Fairfield Authorizing the CityManager to Purchase Nine Replacement Vehicles for Fixed Route, Paratransit, andMicrotransit OperationsRECOMMENDED ACTIONAdopt resolution.STATEMENT OF ISSUEFairfield and Suisun Transit (FAST) is seeking to replace seven fixedroute transit buses and twoparatransit vehicles owned by the City of Fairfield. These buses have exhausted their useful life and aredue for replacement. Staff recommends purchasing nine gasoline cutawaystyle vehicles asreplacements which can be used for fixedroute, paratransit and microtransit service.DISCUSSIONFAST currently operates 12 paratransit and 27 fixedroute (Gillig) buses. The expected useful life of aparatransit bus is seven years. The City currently has two 2007 paratransit buses that are 14 years oldand are due for replacement. Likewise, the expected useful life of a Gillig bus is 12 years. The Citycurrently has seven 2002 Gillig diesel 35’ buses that are 20 years old and are due for replacement. Staff recommends replacing these nine vehicles with new 2022 gasoline cutawaystyle vehiclesdesigned and equipped to be used in fixedroute, paratransit, and microtransit operations. Besidesoffering additional flexibility of use, the new nine buses will be more efficient than the current vehiclesbeing replaced. This capital purchase of smaller buses will provide capital cost savings and ongoingoperational cost savings with better fuel economy and maintenance cost per mile.The purchase of nine cutaway vehicles can be done through a cooperative purchase completed with theMorongo Basin Transit Authority (MBTA) on behalf of the California Association for CoordinatedTransportation (CalACT). The cost of the buses is approximately $124,700 each, including applicabletaxes and fees, for a total cost of approximately $1,122,300. Final costs are determined at theexecution of the purchase order; however, the final cost is not expected to exceed $1,122,300. Over the past year, the staff has experience supply chain issues, causing delays in procuring specialty products such as vehicles and rising prices. To account for the potential price increases after placing the order, staff recommends a 10% price contingency of $112,200 for a total nottoexceed authorization of $1,234,500.

FINANCIAL IMPACT
The total cost for purchase of nine paratransit vehicles is nottoexceed $1,234,500 ($1,122,300 base cost + $112,200 contingency). This purchase is budgeted in the FY 2021/22 Public Works Transportation Division (Fund 451, Division and Responsibility Code 76101 and Fund 452, Division and Responsibility Code 76101).

PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
N/A
ALTERNATIVE ACTION
The council could reject this acquisition; however, this is not recommended because of the need to provide safe, serviceable, and costeffective transit service.

STAFF CONTACT
David Renschler, Fleet Division Manager
(707) 4287414
[email protected]
COORDINATED WITH
Finance Department
ATTACHMENTS:

Description
Proposed Resolution
REVIEWERS:

Reviewer Action Date
Kaushal, Paul Approved 3/28/2022 2:23 PM
Alexander, Amber Approved 3/28/2022 3:07 PM
Alexander, Amber Approved 3/28/2022 3:07 PM
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CITY OF FAIRFIELD

RESOLUTION NO. 2022-62

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAIRFIELD AUTHORIZING THE CITY

MANAGER TO PURCHASE NINE REPLACEMENT VEHICLES FOR FIXED ROUTE, PARATRANSIT,

AND MICROTRANSIT OPERATIONS

WHEREAS, the City of Fairfield transit fleet includes 27 fixed-route Gillig buses and 12 paratransit buses; and

WHEREAS, staff recommends replacing seven fixed-route buses and two paratransit vehicles with nine new cutaway style vehicles for fixed route, paratransit, and/or microtransit operations; and

WHEREAS, the Morongo Basin Transit Authority (MBTA), on behalf of the California Association for Coordinated Transportation (CalACT) prepared detailed specifications for the purchase of gasoline-powered paratransit style buses and requested competitive bids for the purchase of those vehicles; and

WHEREAS, MBTA/CalACT awarded a contract to A-Z Bus Sales for the purchase of vehicles, which allows any CalACT member to purchase from that single procurement; and

WHEREAS, $1,237,500 was budgeted in Fiscal Year 2021-2022 to replace transit vehicles.

NOW, THEREFORE, THE COUNCIL OF THE CITY OF FAIRFIELD HEREBY RESOLVES:

Section 1. The city manager is hereby authorized and directed to purchase nine paratransit buses from A-Z Bus Sales in the amount not-to-exceed $1,122,300.

Section 2. The city manager is authorized to authorize an additional increase to the purchase order in an amount not-to-exceed $112,200.

Section 3. The city manager or his designee is hereby authorized to execute and file appropriate Transportation Development Act (TDA) claims together with all necessary supporting documents, with the Metropolitan Transportation Commission for allocation and/or distribution of TDA capital funds from the City’s Local Transportation Fund in Fiscal Year 2021-2022.

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RES. NO. 2022-62

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PASSED AND ADOPTED this 5th day of April 2022, by the following vote:

AYES: COUNCILMEMBERS: PRICE / BERTANI / MOY / PANDURO / TIMM / TONNESEN / VACCARO

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

MAYOR
ATTEST:

____________________________

CITY CLERK

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Agenda Item No: 13.

AGENDA REPORT
DATE:April 5, 2022
TO:Mayor and City Council
FROM:David Gassaway, Interim City Manager
SUBJECT:Resolution 202263 of the City Council of the City of Fairfield Declaring Its Intention to Annex Territory (Yelton Properties LLC) to Community Facilities District No. 20122 and to Authorize the Levy of Special Taxes Therein for Annexation No. 57 RECOMMENDED ACTION
Adopt resolution.

STATEMENT OF ISSUE
Adopting the attached resolution will begin the proceedings for the annexation of certain property, known as Yelton Properties LLC, into Community Facilities District 20122 (CFD 20122). CFD 20122 was established as an annexable district to provide funding to offset the increased cost for public safety services, open space operation, and park maintenance created by new development.

DISCUSSION
By Resolution No. 2012233, the City Council established CFD 20122, a MelloRoos community facilities district, with the intention that future development within the City of Fairfield (the City) would annex to this district. The special taxes collected from the property owners within the district are used to fund public safety services, open space operation, and park maintenance.

The property proposed for annexation is owned by Yelton Properties LLC and is located south of Central Way and west of Commerce Court within the boundaries of the assessor’s parcel numbers 044090040, 044090050, 044090060, 044090070, 044090080, and 044090110, as depicted on Exhibit A. The development on the property will be a storage and equipment yard. Development of this property will change the property’s characteristics and the manner in which the property will be used, thereby creating a need for more services funded by CFD 20122.

The City contracts with Willdan Financial Services to prepare the necessary resolutions and balloting procedures for the annexation process. This process is a specialty service that the City has contracted out since 1995, on an individual consultant services basis for each development requiring annexation into a MelloRoos community facilities district.

Adopting the Resolution of Intention is the first step to annexing this property to CFD 20122 and will be Packet Page 324 of 480

Agenda Item No: 13.AGENDA REPORTDATE:April 5, 2022 TO:Mayor and City CouncilFROM:David Gassaway, Interim City ManagerSUBJECT:Resolution 202263 of the City Council of the City of Fairfield Declaring Its Intention toAnnex Territory (Yelton Properties LLC) to Community Facilities District No. 20122 andto Authorize the Levy of Special Taxes Therein for Annexation No. 57RECOMMENDED ACTIONAdopt resolution.STATEMENT OF ISSUEAdopting the attached resolution will begin the proceedings for the annexation of certain property,known as Yelton Properties LLC, into Community Facilities District 20122 (CFD 20122). CFD 20122was established as an annexable district to provide funding to offset the increased cost for public safetyservices, open space operation, and park maintenance created by new development.DISCUSSIONBy Resolution No. 2012233, the City Council established CFD 20122, a MelloRoos communityfacilities district, with the intention that future development within the City of Fairfield (the City) wouldannex to this district. The special taxes collected from the property owners within the district are used tofund public safety services, open space operation, and park maintenance.The property proposed for annexation is owned by Yelton Properties LLC and is located south ofCentral Way and west of Commerce Court within the boundaries of the assessor’s parcel numbers044090040, 044090050, 044090060, 044090070, 044090080, and 044090110, as depictedon Exhibit A. The development on the property will be a storage and equipment yard. Development ofthis property will change the property’s characteristics and the manner in which the property will beused, thereby creating a need for more services funded by CFD 20122.The City contracts with Willdan Financial Services to prepare the necessary resolutions and ballotingprocedures for the annexation process. This process is a specialty service that the City has contractedout since 1995, on an individual consultant services basis for each development requiring annexationinto a MelloRoos community facilities district.

Adopting the Resolution of Intention is the first step to annexing this property to CFD 20122 and will be the fiftyseventh annexation to the district. The resolution also establishes May 17, 2022, as the public hearing date for the final consideration of the annexation of the property to CFD 20122. Once the annexation is complete, the property owners will be required to pay annual special taxes for the property, beginning in fiscal year (FY) 20222023, as itemized on their property tax bill in accordance with the rate set forth in the CFD 20122 Rate and Method of Apportionment of Special Tax.

The CFD 20122 Rate and Method of Apportionment were established as part of the formation of the district and fixed FY 20122013 as the base year for the annual special tax rate as shown in Exhibit B.

Since the formation, assessments have increased based on a cost inflator allowed in the original formation documents. Exhibit C shows the current special tax rate for the district.

FINANCIAL IMPACT
The anticipated annual revenue to be received by the City (CFD 20122 Fund 332) for this annexation is estimated to be $264.62, which is based on the FY 20222023 maximum special tax rate for industrial property. The CFD 20122 maximum special tax rates include an automatic annual consumer price index (CPI) adjustment. The developer funds the process for the annexation, and no general fund monies are used for this effort.

PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
N/A
ALTERNATIVE ACTION
If council has any questions concerning the required annexation of this development, this item may be rescheduled until the next council meeting to allow staff to provide the necessary backup. However, if the annexation is not approved, the conditions of approval for this development would not be fulfilled and the development process would cease.

STAFF CONTACT
Chris Lewis, Management Analyst
(707) 4287089
[email protected]
COORDINATED WITH
N/A
ATTACHMENTS:

Description
Attachment 1: Proposed Resolution
Attachment 2: Exhibit A Boundary Map
Attachment 3: Exhibit B Rate and Method of Apportionment of Special Tax Attachment 4: Exhibit C Maximum Special Tax Rate
REVIEWERS:

Reviewer Action Date
Panganiban, Ryan Approved 3/21/2022 7:03 PM
Kaushal, Paul Approved 3/21/2022 7:27 PM
Alexander, Amber Approved 3/25/2022 4:28 PM
Alexander, Amber Approved 3/25/2022 4:29 PM
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CITY OF FAIRFIELD

RESOLUTION NO. 2022-63

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAIRFIELD DECLARING ITS INTENTION TO ANNEX TERRITORY (YELTON PROPERTIES LLC) TO COMMUNITY FACILITIES DISTRICT NO. 2012- 2 AND TO AUTHORIZE THE LEVY OF SPECIAL TAXES THEREIN FOR ANNEXATION NO. 5 7

WHEREAS, this City Council has conducted proceedings to establish Community Facilities District No. 2012-2 (Public Safety Services, Open Space Operation, and Park Maintenance) (the CFD) pursuant to the Mello-Roos Community Facilities Act of 1982, as amended (the Act), Chapter 2.5 of Part 1 of Division 2 of Title 5, commencing at Section 53311, of the California Government Code; and

WHEREAS, under the Act, this council, as the legislative body for the CFD, is empowered with the authority to annex territory to the CFD, and now desires to undertake proceedings to annex territory to the CFD.

NOW, THEREFORE, THE COUNCIL OF THE CITY OF FAIRFIELD HEREBY RESOLVES:

Section 1. This council hereby finds and determines that public convenience and necessity require that territory be added to the CFD.

Section 2. The name of the existing CFD is “Community Facilities District No. 2012 -2 (Public Safety Services, Open Space Operation, and Park Maintenance)”.

Section 3. The territory included in the existing CFD is as shown on the map thereof filed in Book 24 of Maps of Assessment and Community Facilities Districts on Page 87-100 in the office of the County Recorder, County of Solano, State of California, to which map reference is hereby made, as well as the maps for Annexations 1 through 40 filed in Book 25 of Maps of Assessment and Community Facilities Districts at Pages 8, 12, 14, 19, 20, 31, 33, 34, 35, 38, 44, 45, 51, 53, 54, 57, 58, 59, 65, 64, 66, 68, 72, 73, 76, 77, 78, 79, 80, 81, 83, 84, 89, 90, 93, 94, 95, 96, 97 and 99 and the maps for Annexations 41 through 55 filed in Book 26 of Maps of Assessment and Community Facilities Districts at Pages 2, 4, 5, 6, 7, 13, 14, 15, 18, 24, 25, 26, 34 and 35 which have been filed with the Solano County Recorder’s Office. Annexation 56 is in the process of being annexed.

The territory now proposed to be annexed to the CFD is as shown on the Annexation Map No. 57 to the CFD, on file with the city clerk, a copy of which is attached hereto as Exhibit A and made a part hereof, the boundaries of which territory are hereby preliminarily approved. The city clerk is hereby directed to cause the recordation of said Annexation Map No. 57 to the CFD, showing Packet Page 326 of 480Attachment 1 Page 1 of 3

RES. NO. 2022-63

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the territory to be annexed, in the Office of the County Recorder of the County of Solano within fifteen days of the date of adoption of this resolution.

Section 4. The types of public services financed by the CFD and pursuant to the Act consist of those services (the Services) described in Exhibit A to Resolution No. 2012-233 adopted by the council on the 20th day of November 2012, (the Resolution of Formation). It is presently intended that the Services will be shared, without preference or priority, by the existing territory in the CFD and the territory proposed to be annexed to the CFD. It has been determined that this project will intensify the use of the property, creating a need for more services under this CFD.

Section 5. Except to the extent that funds are otherwise available to the CFD to pay for the Services and/or the principal and interest as it becomes due on bonds of the CFD issued to finance the Services, a special tax sufficient to pay the costs thereof is intended to be levied annually within the CFD and collected in the same manner as ordinary ad valorem property taxes. The proposed rate and method of apportionment of the special tax among the parcels of real property within the CFD, as now in existence and following the annexation proposed herein, and in sufficient detail to allow each landowner within the territory proposed to be annexed to the CFD to estimate the maximum amount such owner will have to pay, is described in Exhibit B, and the maximum special tax rate for the 2022-2023 fiscal year is described in Exhibit C. Both Exhibits are hereby incorporated by this reference.

Section 6. Notice is given that on May 17, 2022, at 6:00 p.m., in the regular meeting place of this council, being the Council Chambers, located at 1000 Webster Street, Fairfield, California, the council, as the legislative body for the CFD, will conduct a public hearing on the annexation of territory to the CFD and consider and finally determine whether the public interest, convenience, and necessity require said annexation of territory to the CFD and the levy of said special tax therein.

Section 7. The city clerk is hereby directed to cause notice of said public hearing to be given by publication one time in a newspaper of general circulation in the area of the CFD. The publication of the said notice shall be completed at least seven days before the date herein set for said hearing.

Said notice shall be substantially in the form specified in Section 53339.4 of the Act.

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RES. NO. 2022-63

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PASSED AND ADOPTED 5th day of April 2022, by the following vote:

AYES: COUNCILMEMBERS: PRICE / BERTANI / MOY / PANDURO / TIMM / TONNESEN / VACCARO

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

MAYOR

ATTEST:

____________________________

CITY CLERK
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T4T1T6T2T3ANNEXATION MAP NO. 57 (YELTON PROPERTIES LLC)COMMUNITY FACILITIES DISTRICT NO. 2012-2(PUBLIC SAFETY SERVICES, OPEN SPACE OPERATION, AND PARK MAINTENANCE)CITY OF FAIRFIELDCOUNTY OF SOLANOSTATE OF CALIFORNIA.SiteVicinity MapSuisunValleyRdG re e n V a lle y R d L o p e s RdPittmanRdCentralWyCordeliaRdW80E80 N680S680SiteFILED IN THE OFFICE OF THE CITY CLERK THIS ___________ DAYOF__________, 20____.I HEREBY CERTIFY THAT THE WITHIN MAP SHOWING PROPOSEDBOUNDARIES OF ANNEXATION MAP NO. 57 (YELTON PROPERTIESLLC) OF COMMUNITY FACILITIES DISTRICT NO. 2012-2 (PUBLICSAFETY SERVICES, OPEN SPACE OPERATION, AND PARKMAINTENANCE), CITY OF FAIRFIELD, COUNTY OF SOLANO, STATE OFCALIFORNIA, WAS APPROVED BY THE CITY COUNCIL OF THE CITYOF FAIRFIELD AT A REGULAR MEETING, THEREOF, HELD ON THE____________ DAY OF ____________, 20___, BY ITS RESOLUTION NO.___________________._______________________________________CITY CLERKCITY OF FAIRFIELDFILED THIS _________________ DAY OF _________________, 20___, ATTHE HOUR OF ____________ 0’CLOCK _________,M. IN BOOK__________ PAGE(S) ___________ OF MAPS OF ASSESSMENT ANDCOMMUNITY FACILITIES DISTRICT AND INSTRUMENT NO._________________ IN THE OFFICE OF THE COUNTY RECORDER INTHE COUNTY OF SOLANO, STATE OF CALIFORNIA.MARC C. TONNESEN, ASSESSOR/RECORDER_______________________________________BY DEPUTYCOUNTY RECORDERCOUNTY OF SOLANOSTATE OF CALIFORNIAREFERENCE IS MADE TO THAT BOUNDARY OF COMMUNITYFACILITIES DISTRICT NO. 2012-2 (PUBLIC SAFETY SERVICES, OPENSPACE OPERATION, AND PARK MAINTENANCE) OF THE CITY OFFAIRFIELD RECORDED WITH THE SOLANO COUNTY RECORDER’SOFFICE ON DECEMBER 28, 2012, IN BOOK 24 OF MAPS OFASSESSMENT AND COMMUNITY FACILITIES DISTRICT ON PAGES 87-100.THE LINES AND DIMENSIONS OF EACH LOT OR PARCEL SHOWN ONTHIS DIAGRAM SHALL BE THOSE LINES AND DIMENSIONS ASSHOWN ON THE SOLANO COUNTY ASSESSOR’S MAPS FOR THOSEPARCELS LISTED.THE SOLANO COUNTY ASSESSOR’S MAP SHALL GOVERN FOR ALLDETAIL CONCERNING THE LINES AND DIMENSIONS OF SUCH LOTSOR PARCELS.SHEET 1 OF 1LegendAnnexation No. 57Map Reference Number1INTERSTATE I-80COMME R
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TCENTRAL WAY5MAP REFERENCE NUMBERASSESSOR'S PARCEL NUMBER1 0044-090-0402 0044-090-0503 0044-090-0604 0044-090-0705 0044-090-0806 0044-090-110 ǆŚŝďŝƚPacket Page 329 of 480Attachment 2 Page 1 of 1

EXHIBIT B

RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX

A Special Tax of City of Fairfield Community Facilities District No. 2012-2 (Public Safety Services, Open Space Operation, and Park Maintenance) (“CFD”) shall be levied on all Assessor's Parcels within the CFD and collected each Fiscal Year commencing in Fiscal Year 2012-13 in an amount determined by the City through the application of the rate and method of apportionment of the Special Tax set forth below. All of the real property in the CFD, unless exempted by law or by the provisions hereof, shall be taxed for the purposes, to the extent and in the manner herein provided.

A. DEFINITIONS

The terms hereinafter set forth have the following meanings:

“Acre or Acreage” means the land area of an Assessor’s Parcel, expressed in acres, as shown on an Assessor’s Parcel Map, or if the land area is not shown on an Assessor’s Parcel Map, the land area shown on the applicable Final Subdivision Map, other final map, other parcel map, other condominium plan, or functionally equivalent map or instrument recorded in the Office of the Country Recorder. The square footage of an Assessor’s Parcel is equal to the Acreage multiplied by 43,560.

“Act” means the Mello-Roos Community Facilities Act of 1982, being Chapter 2.5, Part 1, Division 2 of Title 5 of the Government Code of the State of California, as amended.

“Administrative Expenses” means the actual or estimated costs incurred by the City as administrator of the CFD to determine, levy and collect the Special Taxes, including salaries and benefits of City employees whose duties are directly related to administration of the CFD and the fees of consultants, legal counsel, the costs of collecting installments of the Special Taxes upon the general tax rolls, preparation of required reports; and any other costs required to administer the CFD as determined by the City.

“Affordable Residential” or “Affordable Unit(s)” means for each Fiscal Year, any Dwelling Unit(s) located on an Assessor’s Parcel of Developed Property that is available at an affordable housing cost, as defined by Health and Safety Code Section 50052.5, or an affordable rent, as defined in Health and Safety Code Section 50053, to lower income households as defined in Health and Safety Code Section 50079.5. Affordable Units will require annual application to the City for verification of their affordable housing status on or prior to April 1st preceding the Fiscal Year in which the Special Tax is being levied. Any Unit not verified and approved by the City as an Affordable Unit shall be classified as Taxable Property for the Fiscal Year in which the Special Tax is being levied. The City will have the authority to approve and establish policies regarding Affordable Units and their status.

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Exhibit B

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“Annual Escalation Factor” means the annual percentage increase, if any, in the Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI-W) for the San Francisco-Oakland-San Jose area as determined by the Bureau of Labor Statistics for the twelve months ending the previous December.

“Assessor's Parcel” means a parcel of land shown on an Assessor's Parcel Map with a parcel number assigned by the Assessor of the County that corresponds to a number shown on the County Assessor’s roll.

“Assessor's Parcel Map” means an official map of the Assessor of the County designating parcels by Assessor's Parcel number.

“Base Year” means Fiscal Year ending June 30, 2013.

“Building Permit” means a permit issued for new construction of a residential or non-residential structure. For purposes of this definition, “Building Permit” shall not include permits issued solely for grading, utility improvements, or other such improvements that are constructed and installed and are not intended for human occupancy.

“Certificate of Occupancy” means a certificate issued by the City that authorizes the actual occupancy of a Dwelling Unit for habitation by one or more residents or the occupancy of a Non- residential structure.

“CFD Administrator” means an official of the City, or designee thereof, responsible for determining the Special Tax Requirement and providing for the levy and collection of the Special Taxes.

“CFD” means City of Fairfield Community Facilities District No. 2012-2 (Public Safety Services, Open Space and Park Maintenance).

“City” means the City of Fairfield.

“City Clerk” means the City Clerk for the City or his or her designee.

“City Engineer” means the City Engineer for the City or his or her designee.

“Commercial Property” means all Assessor's Parcels of Developed Property for which a building permit(s) has been issued for purposes of constructing non-residential property for any non- residential use located in a commercial zoning district as described in Section 25.22 of the Zoning Packet Page 331 of 480Attachment 3 Page 2 of 10

Exhibit B

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Ordinance and all other property considered commercial as coded by the County’s assessor or as determined by the City, as of April 1st preceding the Fiscal Year in which the Special Tax is being levied.

“Council” means the City Council of the City, acting as the legislative body of the CFD.

“County” means the County of Solano, California.

“Density” means for each Assessor’s Parcel of Taxable Property the number of Dwelling Units per Acre determined pursuant to City’s Zoning Ordinance, or applicable Specific Plan, or a project- specific approval, whichever reflects the most accurate number of Dwelling Units planned for the project.

“Developed Property” means an Assessor’s Parcel within the CFD for which a Certificate of Occupancy was issued on or prior to April 1st preceding the Fiscal Year in which the Special Tax is being levied, based on the number of Dwelling Units, the amount of Commercial or Office building floor area, and/or the amount of Industrial lot area included in each Certificate of Occupancy for that Assessor’s Parcel.

“Dwelling Unit” means each separate residential unit that comprises an independent facility capable of conveyance or rental separate from adjacent residential units, in which a person or persons may live, which comprises an independent facility and is not considered to be for non- residential use only.

“Exempt Property” means for each Fiscal Year, an Assessor's Parcel within the CFD not subject to the Special Tax. Exempt Property includes: (i) Public Property, (ii) Property Owner Association Property, (iii) Affordable Units, (iv) Assessor’s Parcels with public or utility easements making impractical their utilization for other than the purposes set forth in the easement, (v) Undeveloped Property and (vi) property reasonably designated by the City or CFD Administrator as Exempt Property due to deed restrictions, conservation easement, or similar factors.

“Final Map” means an Assessor’s Parcel Map, a Final Subdivision Map, parcel map, condominium plan, or any other map functionally considered to be an equivalent development map that has been recorded in the Office of the County Recorder.

“Final Subdivision Map” means a subdivision of property creating single family residential buildable lots by recordation of a final subdivision map or parcel map pursuant to the Subdivision Map Act (California Government Code Section 6610 et seq.), or recordation of a condominium plan pursuant to California Civil Code Section 1352, that creates individual lots for which building Packet Page 332 of 480Attachment 3 Page 3 of 10

Exhibit B

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permits may be issued without further subdivision and is recorded prior to April 1 preceding the Fiscal Year in which the Special Tax is being levied.

“Fiscal Year” means the period starting July 1 and ending on the following June 30.

“High Density Residential Housing” means all Assessor’s Parcels of Developed Property for which a building permit has been issued as of April 1st preceding the Fiscal Year in which the Special Tax is being levied for a residential structure consisting of two or more Dwelling Units, including, but not limited to, duplexes, triplexes, townhomes, condominiums, and apartment units intended for multi-family apartment and condominium development of 18 Dwelling Units or greater per Acre.

“Industrial Property” means all Assessor's Parcels of Developed Property for which a building permit(s) has been issued for purposes of constructing non-residential property for any allowable use in an industrial zoning district, as described in Section 25.24 of the Zoning Ordinance, which is not an office or financial institution and all other property considered industrial as coded by the County’s assessor or as determined by the City, as of April 1st preceding the Fiscal Year in which the Special Tax is being levied.

“Land Use Class” means any of the classes listed in Table 1.

“Lot” means an individual legal lot created by a Final Map for which a Building Permit could or has been issued.

“Maximum Special Tax” means the maximum Special Tax, determined in accordance with Section ”C” below, that can be levied by the CFD in any Fiscal Year on any Assessor’s Parcel.

“Mixed-Use Property” means an Assessor’s Parcel of Developed Property containing or planned for containing a structure or structures that consists of one or more Dwelling Units, but also has dedicated space for non-residential use.

“Multi-Family Residential” means an Assessor’s Parcel within the CFD for which a Building Permit has been issued for purposes of constructing a residential structure or structures consisting of two or more Dwelling Units, including, but not limited to, duplexes, triplexes, town homes, condominiums, and apartment units, intended for development of less than 18 Dwelling Units per Acre, as of April 1st preceding the Fiscal Year in which the Special Tax is being levied.

“Non-Residential” means an Assessors’ Parcel within the CFD for which a Building Permit has been issued for a non-residential use and which does not contain any Dwelling Units.

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Exhibit B

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“Office Property” means all Assessor's Parcels of Developed Property for which a building permit(s) has been issued for purposes of constructing non-residential property for an office or financial institution in an industrial zoning district, as described in Section 25.4 of the Zoning Ordinance. Office property includes all office and financial institutions, as described in Table 25- 11 of the Zoning Ordinance and all other property considered office as coded by the County’s assessor or as determined by the City, as of April 1st preceding the Fiscal Year in which the Special Tax is being levied.

“Open Space” means any lands and interest in lands of a term of not less than five years, including easements, rights-of-way, and other interests, deemed appropriate for the use as public open space in, around, or adjacent to the City of Fairfield.

“Open Space Operation” means the estimated and reasonable costs of operating public open space lands including maintenance of improvements, fire control measures, educational programs and park ranger services. The costs for these activities include but not limited to (i) the costs of contracting for open space operation services, (ii) the salaries and benefits of City staff, including staff, that directly provide open space operation services, (iii) the expense related to equipment, apparatus, and supplies related to these services and authorized by the Act, and (iv) City overhead costs associated with providing such services within the CFD.

“Open Space Operation Requirement” means, for any Fiscal Year in which Special Taxes are levied, the amount equal to the budgeted costs for Open Space Operation applicable to the CFD for such Fiscal Year.

“Park” means a public park owned by the City of Fairfield, as defined in Section 12B.1 of the Municipal Code of the City of Fairfield.

“Park Maintenance” means the estimated and reasonable costs of providing park maintenance, including but not limited to (i) the costs of contracting for park maintenance services, (ii) the salaries and benefits of City staff, including maintenance staff, that directly provide park maintenance services, (iii) the expense related to equipment, apparatus, and supplies related to these services and authorized by the Act, and (iv) City overhead costs associated with providing such services within the CFD.

“Park Maintenance Requirement” means, for any Fiscal Year in which Special Taxes are levied, the amount equal to the budgeted costs for Park Maintenance applicable to the CFD for such Fiscal Year.

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Exhibit B

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“Property Owner Association Property” means for each Fiscal Year any property within the CFD that is owned by, or irrevocably dedicated as indicated in an instrument recorded with the County Recorder to a property owner association, including any master or sub-association.

“Proportionately” means for Developed Property, the ratio of the actual Special Tax levied per Unit to the Maximum Special Tax per Unit for Developed Property is equal for all Assessor’s Parcels of Developed Property.

“Public Property” means for each Fiscal Year any property within the CFD that is, or is expected to be, used for rights-of-way, parks, public schools or any other public purpose determined by the CFD Administrator or is owned by or irrevocably offered for dedication to the federal government, the State, the County, the City or any other public agency. Public Property does not include property for which a public agency is a landowner within the meaning of Section 53317(f) of the Act.

“Public Safety Services” means the estimated and reasonable costs of providing police services, fire protection and suppression services, and paramedic services including but not limited to (i) the costs of contracting for police, fire, and paramedic services, (ii) the salaries and benefits of City staff, if the City directly provides police services, fire protection and suppression services, and/or paramedic services, (iii) the expense related to equipment, apparatus, and supplies related to these services and authorized by the Act, and (iv) City overhead costs associated with providing such services within the CFD.

“Public Safety Services Requirement” means, for any Fiscal Year in which Special Taxes are levied, the amount equal to the budgeted costs for Public Safety Services applicable to the CFD for such Fiscal Year.

“Reserve Fund for Maintenance” means a fund that shall be created and maintained for the CFD for each Fiscal Year to provide necessary cash flow for the first six months of each Fiscal Year, reserve capital to cover monitoring, maintenance and repair cost overruns and delinquencies in the payment of Special Taxes and a reasonable buffer to prevent large variations in annual Special Tax levies.

“Single-Family Residential” means an Assessors’ Parcel within the CFD for which a Building Permit has been issued for purposes of constructing a residential structure consisting of one single-family Dwelling Unit, as of April 1st preceding the Fiscal Year in which the Special Tax is being levied.

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Exhibit B

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“Special Tax” means the Special Tax to be levied in each Fiscal Year on each Assessor's Parcel of Taxable Property to fund the Special Tax Requirement and shall include Special Taxes levied or to be levied under Sections “C” and “D”, below.

“Special Tax Requirement” means that amount required in any Fiscal Year for the CFD to pay for:
(i) the Public Safety Services Requirement; (ii) the Open Space Operation Requirement; (iii) the Park Maintenance Requirement; (iv) reasonable Administrative Expenses; (v) any amounts required to establish or replenish a reserve fund that will not exceed 50% of the Special Tax requirement for that Fiscal Year; (vi) any amounts required to establish or replenish the Reserve Fund for Maintenance to the Reserve Fund for Maintenance Requirement; and (vii) pay for reasonably anticipated delinquent Special Taxes based on the delinquency rate for Special Taxes levied in the previous Fiscal Year; less any surplus of funds available from the previous Fiscal Year’s Special Tax levy.

“State” means the State of California.

“Taxable Property” means all Assessor's Parcels within the CFD that are not Exempt from the Special Tax pursuant to law or as defined herein.

“Undeveloped Property” means, for each Fiscal Year, an Assessor’s Parcel within the CFD for which a Certificate of Occupancy has not been issued on or prior to April 1st preceding the Fiscal Year in which the Special Tax is being levied and is not classified as Property Owner Association Property or Public Property, including an Assessor’s Parcel that is designated as a remainder parcel by any final documents and/or maps available to the CFD Administrator.

“Zoning Ordinance” means the Zoning Ordinance adopted by the City of Fairfield, as found in Chapter 25 of the Fairfield City Code.

B. ASSIGNMENT TO LAND USE CATEGORIES

Each Fiscal Year, commencing with Fiscal Year 2012-13, using the definitions above, each Assessor’s Parcel within the CFD shall be classified as Taxable Property or Exempt Property. In addition, each Fiscal Year, beginning with Fiscal Year 2012-2013, each Assessor’s Parcel of Taxable Property shall be further classified as Developed Property or Undeveloped Property. Developed Property shall be further classified as Single-Family Residential, Multi-Family Residential, High Density Residential, Mixed-Use Property, Commercial Property, Office Property, or Industrial Property.

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Exhibit B

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C. MAXIMUM SPECIAL TAX RATE

1. Developed Property

TABLE 1

Maximum Special Tax for Developed Property
Community Facilities District No. 2012-2
Fiscal Year 2012-13 (Base Year)

Land Use Class Description Maximum Special Tax
1 Single-Family Residential $736.77 per Dwelling Unit
2 Multi-Family Residential $503.28 per Dwelling Unit
3 Mixed-Use Property Sum of applicable Land Uses,
Maximum Special Tax Rate
4 High Density Residential $489.68 per Dwelling Unit
5 Commercial $0.21 per gross square foot of
building floor area
6 Office $0.07 per gross square foot of
building floor area
7 Industrial $0.02 per net square foot of lot area

On each July 1st following the Base Year, the Maximum Special Tax rates in Table 1 shall be increased in accordance with the Annual Escalation Factor.

2. Exempt Property

No Special Tax shall be levied on Exempt Property as defined in Section A.

For each Fiscal Year, if the use or ownership of an Assessor's Parcel of Exempt Property changes so that such Assessor's Parcel is no longer classified as one of the uses set forth in Section A, therefore making such Assessor's Parcel no longer eligible to be classified as Exempt Property, such Assessor's Parcel shall be deemed to be Taxable Property and shall be taxed pursuant to the provisions of Section C.1.

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Exhibit B

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D. METHOD OF APPORTIONMENT OF THE SPECIAL TAX

Commencing with Fiscal Year 2012-13, and for each subsequent Fiscal Year, the CFD Administrator shall calculate the Special Tax Requirement based on the definitions in Section “A” and levy the Special Tax as follows until the amount of the Special Tax levied equals the Special Tax Requirement:

The Special Tax shall be Proportionately levied each Fiscal Year on each Assessor’s Parcel of Developed Property up to 100% of the applicable Maximum Special Tax. The applicable Maximum Special Tax shall be based on the Developed Property’s classification as Single- Family Residential, Multi-Family Residential, Mixed-Use Property, High Density Residential, Commercial, Office or Industrial Property.

E. APPEALS

Any landowner who pays the Special Tax and believes that the amount of the Special Tax levied on their Assessor’s Parcel is in error shall first consult with the CFD Administrator regarding such error. If following such consultation, the CFD Administrator determines that an error has occurred, the CFD Administrator may amend the amount of the Special Tax levied on such Assessor’s Parcel. If following such consultation and action, if any, the landowner believes such error still exists, such person may file a written notice with the City Clerk of the City appealing the amount of the Special Tax levied on such Assessor’s Parcel. Upon the receipt of any such written notice, the City Clerk shall forward a copy of such notice to the City Engineer who shall establish as part of the proceedings and administration of the CFD, a special three-member Review/Appeal Committee. The Review/Appeal Committee may establish such procedures, as it deems necessary to undertake the review of any such appeal. The Review/Appeal Committee shall interpret this Rate and Method of Apportionment and make determinations relative to the annual administration of the Special Tax and any landowner appeals, as herein specified. The decision of the Review/Appeal Committee shall be final and binding as to all persons.

F. MANNER OF COLLECTION

Special Taxes levied pursuant to Section “D” above shall be collected in the same manner and at the same time as ordinary ad valorem property taxes; provided, however, that the CFD may directly bill the Special Tax, may collect Special Taxes at a different time or in a different manner if necessary to meet the financial obligations of the CFD or as otherwise determined appropriate by the City Council.

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Exhibit B

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G. TERM OF SPECIAL TAX

Taxable Property in the CFD shall remain subject to the Special Tax in perpetuity or until the City Council takes appropriate actions to terminate the Special Tax pursuant to the Act.

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EXHIBIT C

Maximum Special Tax for Developed Property
Community Facilities District No. 2012-2
Fiscal Year 2022-2023

Land Use Class Description Maximum Special Tax
1 Single-Family Residential $994.70 per Dwelling Unit
2 Multi-Family Residential $679.47 per Dwelling Unit
3 Mixed-Use Property Sum of applicable Land Uses,
Maximum Special Tax Rate
4 High Density Residential $661.11 per Dwelling Unit
5 Commercial $0.283 per gross square foot of
building floor area
6 Office $0.094 per gross square foot of
building floor area
7 Industrial $0.027 per net square foot of lot
area

On each July 1st following the Base Year, the Maximum Special Tax rates in Table 1 shall be increased in accordance with the Annual Escalation Factor as defined in the Rate and Method of Apportionment.

Exempt Property

No Special Tax shall be levied on Exempt Property as defined in the Rate and Method of Apportionment (RMA).

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Agenda Item No: 14.

AGENDA REPORT
DATE:April 5, 2022
TO:Mayor and City Council
FROM:David Gassaway, Interim City Manager
SUBJECT:Resolution 202264 of the City Council of the City of Fairfield Declaring Its Intention to Annex Territory (Popeyes) to Community Facilities District No. 20122 and to Authorize the Levy of Special Taxes Therein for Annexation No. 58 RECOMMENDED ACTION
Adopt resolution.

STATEMENT OF ISSUE
Adopting the attached resolution will begin the proceedings for the annexation of certain property, known as Popeyes, into Community Facilities District 20122 (CFD 20122). CFD 20122 was established as an annexable district to provide funding to offset the increased cost for public safety services, open space operation, and park maintenance created by new development.

The property proposed for annexation is owned by Rosana Holdings LLC and is located south of Alaska Avenue and east of North Texas Street within the boundaries of the assessor’s parcel number 0034130430, as depicted on Exhibit A. The development on the property will be a Popeyes restaurant. Development of this property will change the property’s characteristics and the manner in which the property will be used, thereby creating a need for more services funded by CFD 20122.

Agenda Item No: 14.AGENDA REPORTDATE:April 5, 2022 TO:Mayor and City CouncilFROM:David Gassaway, Interim City ManagerSUBJECT:Resolution 202264 of the City Council of the City of Fairfield Declaring Its Intention toAnnex Territory (Popeyes) to Community Facilities District No. 20122 and to Authorizethe Levy of Special Taxes Therein for Annexation No. 58RECOMMENDED ACTIONAdopt resolution.STATEMENT OF ISSUEAdopting the attached resolution will begin the proceedings for the annexation of certain property,known as Popeyes, into Community Facilities District 20122 (CFD 20122). CFD 20122 wasestablished as an annexable district to provide funding to offset the increased cost for public safetyservices, open space operation, and park maintenance created by new development.DISCUSSIONBy Resolution No. 2012233, the City Council established CFD 20122, a MelloRoos communityfacilities district, with the intention that future development within the City of Fairfield (the City) wouldannex to this district. The special taxes collected from the property owners within the district are used tofund public safety services, open space operation, and park maintenance.The property proposed for annexation is owned by Rosana Holdings LLC and is located south ofAlaska Avenue and east of North Texas Street within the boundaries of the assessor’s parcel number0034130430, as depicted on Exhibit A. The development on the property will be a Popeyesrestaurant. Development of this property will change the property’s characteristics and the manner inwhich the property will be used, thereby creating a need for more services funded by CFD 20122.The City contracts with Willdan Financial Services to prepare the necessary resolutions and ballotingprocedures for the annexation process. This process is a specialty service that the City has contractedout since 1995, on an individual consultant services basis for each development requiring annexationinto a MelloRoos community facilities district.

Adopting the Resolution of Intention is the first step to annexing this property to CFD 20122 and will be the fiftyeighth annexation to the district. The resolution also establishes May 17, 2022, as the public hearing date for the final consideration of the annexation of the property to CFD 20122. Once the annexation is complete, the property owners will be required to pay annual special taxes for the property, beginning in fiscal year (FY) 20222023, as itemized on their property tax bill in accordance with the rate set forth in the CFD 20122 Rate and Method of Apportionment of Special Tax.

The CFD 20122 Rate and Method of Apportionment were established as part of the formation of the district and fixed FY 20122013 as the base year for the annual special tax rate as shown in Exhibit B.

Since the formation, assessments have increased based on a cost inflator allowed in the original formation documents. Exhibit C shows the current special tax rate for the district.

FINANCIAL IMPACT
The anticipated annual revenue to be received by the City (CFD 20122 Fund 332) for this annexation is estimated to be $609.28, which is based on the FY 20222023 maximum special tax rate for commercial property. The CFD 20122 maximum special tax rates include an automatic annual consumer price index (CPI) adjustment. The developer funds the process for the annexation, and no general fund monies are used for this effort.

STAFF CONTACT
Chris Lewis, Management Analyst
(707) 4287089
[email protected]
COORDINATED WITH
N/A
ATTACHMENTS:

Reviewer Action Date
Panganiban, Ryan Approved 3/22/2022 9:50 AM
Kaushal, Paul Approved 3/22/2022 11:08 AM
Alexander, Amber Approved 3/25/2022 4:25 PM
Alexander, Amber Approved 3/25/2022 4:25 PM
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CITY OF FAIRFIELD

RESOLUTION NO. 2022-64

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAIRFIELD DECLARING ITS INTENTION TO ANNEX TERRITORY (POPEYES) TO COMMUNITY FACILITIES DISTRICT NO. 2012-2 AND TO AUTHORIZE THE LEVY OF SPECIAL TAXES THEREIN FOR ANNEXATION NO. 5 8

WHEREAS, this City Council has conducted proceedings to establish Community Facilities District No. 2012-2 (Public Safety Services, Open Space Operation and Park Mainten ance) (the CFD) pursuant to the Mello-Roos Community Facilities Act of 1982, as amended (the Act), Chapter 2.5 of Part 1 of Division 2 of Title 5, commencing at Section 53311, of the California Government Code; and

NOW, THEREFORE, THE COUNCIL OF THE CITY OF FAIRFIELD HEREBY RESOLVES:

Section 1. This council hereby finds and determines that public convenience and necessity require that territory be added to the CFD.

Section 2. The name of the existing CFD is Community Facilities District No. 2012-2 (Public Safety Services, Open Space Operation and Park Maintenance).

The territory now proposed to be annexed to the CFD is as shown on the Annexation Map No. 58 to the CFD, on file with the city clerk, a copy of which is attached hereto as Exhibit A and made a part hereof, the boundaries of which territory are hereby preliminarily approved. The city clerk is hereby directed to cause the recordation of said Annexation Map No. 5 8 to the CFD, showing Packet Page 343 of 480Attachment 1 Page 1 of 3

RES. NO. 2022-64

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the territory to be annexed, in the Office of the County Recorder of the County of Solano within fifteen days of the date of adoption of this resolution.

Said notice shall be substantially in the form specified in Section 53339.4 of the Act.

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RES. NO. 2022-64

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PASSED AND ADOPTED 5th day of April 2022, by the following vote:

AYES: COUNCILMEMBERS: PRICE / BERTANI / MOY / PANDURO / TIMM / TONNESEN / VACCARO

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

MAYOR

ATTEST:

____________________________

CITY CLERK
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ANNEXATION MAP NO. 58 (POPEYES)COMMUNITY FACILITIES DISTRICT NO. 2012-2(PUBLIC SAFETY SERVICES, OPEN SPACE OPERATION, AND PARK MAINTENANCE)CITY OF FAIRFIELDCOUNTY OF SOLANOSTATE OF CALIFORNIA.SiteVicinity MapAirBasePkwyPennsylvania AvSunset AvNorth Texas StTravis BlEastTaborAvDover AvE Travis BlCementHillRdAlaskaAvUnion AvE80W80SiteFILED IN THE OFFICE OF THE CITY CLERK THIS ___________ DAYOF__________, 20____.I HEREBY CERTIFY THAT THE WITHIN MAP SHOWING PROPOSEDBOUNDARIES OF ANNEXATION MAP NO. 58 (POPEYES) OFCOMMUNITY FACILITIES DISTRICT NO. 2012-2 (PUBLIC SAFETYSERVICES, OPEN SPACE OPERATION, AND PARK MAINTENANCE),CITY OF FAIRFIELD, COUNTY OF SOLANO, STATE OF CALIFORNIA,WAS APPROVED BY THE CITY COUNCIL OF THE CITY OF FAIRFIELDAT A REGULAR MEETING, THEREOF, HELD ON THE ____________ DAYOF ____________, 20___, BY ITS RESOLUTION NO.___________________._______________________________________CITY CLERKCITY OF FAIRFIELDFILED THIS _________________ DAY OF _________________, 20___,AT THE HOUR OF ____________ 0’CLOCK _________,M. IN BOOK__________ PAGE(S) ___________ OF MAPS OF ASSESSMENT ANDCOMMUNITY FACILITIES DISTRICT AND INSTRUMENT NO._________________ IN THE OFFICE OF THE COUNTY RECORDER INTHE COUNTY OF SOLANO, STATE OF CALIFORNIA.MARC C. TONNESEN, ASSESSOR/RECORDER_______________________________________BY DEPUTYCOUNTY RECORDERCOUNTY OF SOLANOSTATE OF CALIFORNIAREFERENCE IS MADE TO THAT BOUNDARY OF COMMUNITYFACILITIES DISTRICT NO. 2012-2 (PUBLIC SAFETY SERVICES, OPENSPACE OPERATION, AND PARK MAINTENANCE) OF THE CITY OFFAIRFIELD RECORDED WITH THE SOLANO COUNTY RECORDER’SOFFICE ON DECEMBER 28, 2012, IN BOOK 24 OF MAPS OFASSESSMENT AND COMMUNITY FACILITIES DISTRICT ON PAGES 87-100.THE LINES AND DIMENSIONS OF EACH LOT OR PARCEL SHOWN ONTHIS DIAGRAM SHALL BE THOSE LINES AND DIMENSIONS ASSHOWN ON THE SOLANO COUNTY ASSESSOR’S MAPS FOR THOSEPARCELS LISTED.THE SOLANO COUNTY ASSESSOR’S MAP SHALL GOVERN FOR ALLDETAIL CONCERNING THE LINES AND DIMENSIONS OF SUCH LOTSOR PARCELS.SHEET 1 OF 1LegendAnnexation No. 58Map Reference Number1N TEXAS STREETALASKA AVENUE1MAP REFERENCE NUMBERASSESSOR'S PARCEL NUMBER10034-130-430Exhibit APacket Page 346 of 480Attachment 2 Page 1 of 1

EXHIBIT B

RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX

A. DEFINITIONS

The terms hereinafter set forth have the following meanings:

“Act” means the Mello-Roos Community Facilities Act of 1982, being Chapter 2.5, Part 1, Division 2 of Title 5 of the Government Code of the State of California, as amended.

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Exhibit B

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“Assessor's Parcel Map” means an official map of the Assessor of the County designating parcels by Assessor's Parcel number.

“Base Year” means Fiscal Year ending June 30, 2013.

“CFD Administrator” means an official of the City, or designee thereof, responsible for determining the Special Tax Requirement and providing for the levy and collection of the Special Taxes.

“CFD” means City of Fairfield Community Facilities District No. 2012-2 (Public Safety Services, Open Space and Park Maintenance).

“City” means the City of Fairfield.

“City Clerk” means the City Clerk for the City or his or her designee.

“City Engineer” means the City Engineer for the City or his or her designee.

Exhibit B

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“Council” means the City Council of the City, acting as the legislative body of the CFD.

“County” means the County of Solano, California.

Exhibit B

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permits may be issued without further subdivision and is recorded prior to April 1 preceding the Fiscal Year in which the Special Tax is being levied.

“Fiscal Year” means the period starting July 1 and ending on the following June 30.

“Land Use Class” means any of the classes listed in Table 1.

“Lot” means an individual legal lot created by a Final Map for which a Building Permit could or has been issued.

“Maximum Special Tax” means the maximum Special Tax, determined in accordance with Section ”C” below, that can be levied by the CFD in any Fiscal Year on any Assessor’s Parcel.

“Non-Residential” means an Assessors’ Parcel within the CFD for which a Building Permit has been issued for a non-residential use and which does not contain any Dwelling Units.

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Exhibit B

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“Park” means a public park owned by the City of Fairfield, as defined in Section 12B.1 of the Municipal Code of the City of Fairfield.

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Exhibit B

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Exhibit B

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“State” means the State of California.

“Taxable Property” means all Assessor's Parcels within the CFD that are not Exempt from the Special Tax pursuant to law or as defined herein.

“Zoning Ordinance” means the Zoning Ordinance adopted by the City of Fairfield, as found in Chapter 25 of the Fairfield City Code.

B. ASSIGNMENT TO LAND USE CATEGORIES

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Exhibit B

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C. MAXIMUM SPECIAL TAX RATE

1. Developed Property

TABLE 1

Maximum Special Tax for Developed Property
Community Facilities District No. 2012-2
Fiscal Year 2012-13 (Base Year)

On each July 1st following the Base Year, the Maximum Special Tax rates in Table 1 shall be increased in accordance with the Annual Escalation Factor.

2. Exempt Property

No Special Tax shall be levied on Exempt Property as defined in Section A.

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Exhibit B

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D. METHOD OF APPORTIONMENT OF THE SPECIAL TAX

E. APPEALS

F. MANNER OF COLLECTION

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Exhibit B

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G. TERM OF SPECIAL TAX

Taxable Property in the CFD shall remain subject to the Special Tax in perpetuity or until the City Council takes appropriate actions to terminate the Special Tax pursuant to the Act.

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EXHIBIT C

Maximum Special Tax for Developed Property
Community Facilities District No. 2012-2
Fiscal Year 2022-2023

Exempt Property

No Special Tax shall be levied on Exempt Property as defined in the Rate and Method of Apportionment (RMA).

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Agenda Item No: 15.

AGENDA REPORT
DATE:April 5, 2022
TO:Mayor and City Council
FROM:David Gassaway, Interim City Manager
SUBJECT:Resolution 202265 of the City Council of the City of Fairfield Designating Additional CitySponsored Special Events for Calendar Year 2022
RECOMMENDED ACTION
Adopt resolution.

STATEMENT OF ISSUE
Special Events Ordinance 12A.4 of the Fairfield municipal code designates special events that are exempt from the special event permitting process. The municipal code also states that City Council may designate additional Citysponsored special events that are exempt. The attached resolution designates additional Citysponsored special events for council authorization.

DISCUSSION
Fairfield City Ordinance 12A.4 designates those special events that are exempt from the special event permitting requirements for special events under Chapter 12A and designates the following six City sponsored events as exempt: Tomato Festival, Independence Day Parade, Matt Garcia Run for Good, Candlelight Parade/Christmas Tree Lighting, Veterans Day Parade, and the Downtown Farmers Market. The municipal code also states that council may designate additional Citysponsored events, and staff is proposing the attached list of Citysponsored events for the calendar year 2022.

Since these are Citysponsored events, allowing them to be exempt from the special events permitting process will save staff time and streamline the event planning process. These exempt items are not exempt from other legal or regulatory requirements, including but not limited to, encroachment permits from the Public Works Department, building permit requirements, or any requirement for a fire permit.

Additionally, the event organizer shall submit an application containing items set forth in Fairfield municipal code Section 12A.6: name and address of applicant, dates of event, proposed location, etc.

FINANCIAL IMPACT
N/A
PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
N/A
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Agenda Item No: 15.AGENDA REPORTDATE:April 5, 2022 TO:Mayor and City CouncilFROM:David Gassaway, Interim City ManagerSUBJECT:Resolution 202265 of the City Council of the City of Fairfield Designating AdditionalCitySponsored Special Events for Calendar Year 2022RECOMMENDED ACTIONAdopt resolution.STATEMENT OF ISSUESpecial Events Ordinance 12A.4 of the Fairfield municipal code designates special events that areexempt from the special event permitting process. The municipal code also states that City Council maydesignate additional Citysponsored special events that are exempt. The attached resolutiondesignates additional Citysponsored special events for council authorization.DISCUSSIONFairfield City Ordinance 12A.4 designates those special events that are exempt from the special eventpermitting requirements for special events under Chapter 12A and designates the following six Citysponsored events as exempt: Tomato Festival, Independence Day Parade, Matt Garcia Run for Good,Candlelight Parade/Christmas Tree Lighting, Veterans Day Parade, and the Downtown FarmersMarket. The municipal code also states that council may designate additional Citysponsored events,and staff is proposing the attached list of Citysponsored events for the calendar year 2022.Since these are Citysponsored events, allowing them to be exempt from the special events permittingprocess will save staff time and streamline the event planning process. These exempt items are notexempt from other legal or regulatory requirements, including but not limited to, encroachment permitsfrom the Public Works Department, building permit requirements, or any requirement for a fire permit.Additionally, the event organizer shall submit an application containing items set forth in Fairfieldmunicipal code Section 12A.6: name and address of applicant, dates of event, proposed location, etc.FINANCIAL IMPACTN/A PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
N/A
ALTERNATIVE ACTION
Council may choose to not approve this resolution, however doing so will increase the paperwork necessary to implement the proposed Citysponsored events.

STAFF CONTACT
David J. Gassaway, Interim City Manager
(707) 4287398
[email protected]
COORDINATED WITH
Community Development Department, Fire Department, Parks and Recreation Department, Police Department, Public Works Department, Housing Services Department ATTACHMENTS:

Description
Proposed Resolution
Exhibit A
REVIEWERS:

Reviewer Action Date
ballard, Kelly Approved 3/23/2022 1:23 PM
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CITY OF FAIRFIELD

RESOLUTION NO. 2022-65

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAIRFIELD DESIGNATING ADDITIONAL CITY-SPONSORED SPECIAL EVENTS FOR CALENDAR YEAR 2022

WHEREAS, City of Fairfield Ordinance 12A.4 designates the Tomato Festival, Independence Day Parade, Matt Garcia Run for Good, Candlelight Parade/Christmas Tree Lighting, Veteran’s Day Parade and Downtown Farmers Market as City-sponsored activities and are exempt from the special event permitting requirements; and

WHEREAS, Ordinance 12A.4 provides that the City Council may designate additional City- sponsored events; and

WHEREAS, designating additional City-sponsored events does not exempt an event from other legal and regulatory requirements, including but no t limited to, encroachment permits, building permits requirements, or any requirement for a fire permit; and

WHEREAS, Exhibit A to this resolution lists additional City-sponsored events for the 2022 calendar year.

NOW, THEREFORE, THE COUNCIL OF THE CITY OF FAIRFIELD HEREBY RESOLVES:

Section 1. The events listed on Exhibit A to this resolution shall be designated as City- sponsored activities for calendar year 2022.

PASSED AND ADOPTED this 5th day of April, 2022, by the following vote:

AYES: COUNCILMEMBERS: PRICE / BERTANI / MOY / PANDURO / TIMM / TONNESEN / VACCARO

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

MAYOR

ATTEST:

____________________________

CITY CLERK
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City‐Sponsored Events2022 # DeptDescription Location Date of Event Time1 CMO West Texas Gateway Ribbon Cutting Fairfield Transportation Ctr1/27/2022 11:00a ‐ 12:00p3 P&R Stride and Ride (PV & RS Golf Courses) Golf Courses 3/8 & 10/4/22 2:00pm ‐ 6:00p4 P&R Parks & Rec ‐ Dog Daze Allan Witt Park3/29 ‐ 10/18/22 5:00p ‐ 6:00p5 P&R Blues, Brews, & BBQ Cook‐off Downtown 4/23/2022 12:00p ‐ 4:00p6 PD National Prescription Drug Take Back DayWebster Parking Lot 4/30/2022 10:00a ‐ 2:00p7 P&R Junk in the Trunk Community Center 5/14/2022 9:00am ‐ 12:00p8 Downtown Taste of Downtown Downtown 6/17/2022 6:00p ‐ 9:00p9 Downtown Restaurant Week Downtown 6/17‐6/24/22 n/a10 Downtown Downtown Dinner w/ Fairfield Community Services Downtown 6/24/2022 6:00p ‐ 9:00p11 P&R Summer Movies & Food Trucks Gary Falati Park6/10, 7/8, 8/12 7pm ‐ 10pm12 PD National Night Out city‐wide 8/2/2022 5pm ‐ end13 PD/FD/CMO Back‐to‐School Backpack Giveaway (City & FCSF) Bethel Church 8/6/2022 8:30a ‐ 12:00p14 Housing Touch up the Town TBD 9/10/2022 8:30a ‐ 1:30p15 FIRE Fire ‐ Open House Fire Station 37 10/13/2022 5:00p ‐ 8:00p16 Downtown Octoberfest Downtown 10/15/2022 4:00pm ‐ 8:00pm17 Downtown Halloween Spookfest Downtown 10/29/2022 3:00pm ‐ 9:00pm18 P&R Menorah Lighting (w/Christmas Tree Lighting) Downtown 12/2/2022 6:00p ‐ 9:00p19 PD/FD/CMO FCSF Backpack Giveaway Christmas Bethel Church 12/17/2022 8:30p ‐ 12:00pS:\City Manager Files\Admin\AKelly\COUNCIL\2022\Proposed City‐sponsored Events 2022.xlsxPacket Page 361 of 480Attachment 2 Page 1 of 1

Agenda Item No: 16.

AGENDA REPORT
DATE:April 5, 2022
TO:Mayor and City Council
FROM:David Gassaway, Interim City Manager
SUBJECT:Resolution 202266 of the City Council of the City of Fairfield Approving the Plans and Specifications and Awarding a Contract to Pacific Polymers, Inc. for the Police Training Facility Roof Restoration Project
RECOMMENDED ACTION
Adopt resolution.

STATEMENT OF ISSUE
Due to normal wear and tear, the Police Training Facility roof has had recurring maintenance issues and is showing signs of failure. The proposed resolution approves the plans and specifications for the Police Training Facility Roof Restoration Project (Project) and awards the contract in the amount of $498,618 to Pacific Polymers, Inc.

DISCUSSION
The roof at the Police Department Training Facility, located at 1717 Rex Cliff Lane, is a singleply roofing system installed in 2005. Based on recent feedback from the Police Department, the 42,000 square foot roof is leaking and has recurring maintenance issues. In response to these concerns, the Public Works Department, and its consultant, The Garland Company, conducted a condition assessment in November 2020. The assessment concluded that the roof is nearing the end of its life expectancy and is starting to show signs of failure in a few areas. While patchwork and spot repairs have been completed on the 16year old roof, the assessment recommends the installation of a liquid membrane over the top of the existing roof surface to extend its life an additional 15 years.

Staff contracted with PBKWLC to provide design services and Ponticello Enterprises Consulting Engineers, Inc. to provide project management oversight to put together plans, specifications, and an estimate for the recommended roofing restoration treatment. Roof restoration consists of constructing a high build, fully reinforced, polyurea restoration system over the existing roof system. This roof restoration will extend its life for approximately an additional 15 years.

Six bids were received and opened on March 2, 2022. The bids ranged in price from $498,618 to $973,500. The apparent low bidder was Pacific Polymers, Inc. (Pacific) from Walnut Creek, California, in the amount of $498,618. The engineer’s estimate was $475,000. Staff has analyzed the higher than Packet Page 362 of 480

Agenda Item No: 16.AGENDA REPORTDATE:April 5, 2022 TO:Mayor and City CouncilFROM:David Gassaway, Interim City ManagerSUBJECT:Resolution 202266 of the City Council of the City of Fairfield Approving the Plans andSpecifications and Awarding a Contract to Pacific Polymers, Inc. for the Police TrainingFacility Roof Restoration ProjectRECOMMENDED ACTIONAdopt resolution.STATEMENT OF ISSUEDue to normal wear and tear, the Police Training Facility roof has had recurring maintenance issuesand is showing signs of failure. The proposed resolution approves the plans and specifications for thePolice Training Facility Roof Restoration Project (Project) and awards the contract in the amount of$498,618 to Pacific Polymers, Inc.DISCUSSIONThe roof at the Police Department Training Facility, located at 1717 Rex Cliff Lane, is a singleplyroofing system installed in 2005. Based on recent feedback from the Police Department, the 42,000square foot roof is leaking and has recurring maintenance issues. In response to these concerns, thePublic Works Department, and its consultant, The Garland Company, conducted a conditionassessment in November 2020. The assessment concluded that the roof is nearing the end of its lifeexpectancy and is starting to show signs of failure in a few areas. While patchwork and spot repairshave been completed on the 16year old roof, the assessment recommends the installation of a liquidmembrane over the top of the existing roof surface to extend its life an additional 15 years.Staff contracted with PBKWLC to provide design services and Ponticello Enterprises ConsultingEngineers, Inc. to provide project management oversight to put together plans, specifications, and anestimate for the recommended roofing restoration treatment. Roof restoration consists of constructing ahigh build, fully reinforced, polyurea restoration system over the existing roof system. This roofrestoration will extend its life for approximately an additional 15 years.Six bids were received and opened on March 2, 2022. The bids ranged in price from $498,618 to $973,500. The apparent low bidder was Pacific Polymers, Inc. (Pacific) from Walnut Creek, California, in the amount of $498,618. The engineer’s estimate was $475,000. Staff has analyzed the higher than anticipated prices and determined it can be attributed to the result of increases in commodity prices which have been experienced in all levels of the construction industry. A major variable has to do with the price of labor, as contractors are faced with the need to find skilled labor during a time when there is a shortage in resources. Ultimately, staff has determined that rejecting all bids and rebidding the Project would not result in lower pricing.

Staff has reviewed the bid submitted by Pacific and determined it is responsive and meets all bid requirements. Pacific is appropriately licensed by the Contractors State License Board to perform the work. Staff is requesting a 20% contingency in lieu of the traditional 10% because of the nature of the work and the potential to uncover unforeseen issues during construction.

FINANCIAL IMPACT
The construction authorization for the Project will be $598,342, which is the total bid amount plus a 20% contingency ($498,618 total bid + $99,724 contingency). This Project has been budgeted in the Public Buildings Capital Projects Fund (Fund 254, division and responsibility code 99322).

PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
A notice inviting bids for this Project was advertised twice in the Daily Republic newspaper on January 31 and February 7, 2022. In addition, the Plans and Specifications were hosted through BPX Printing & Graphics online Planroom. The initial advertisement emailed a notice of the Project and complete bid package to a total of 12 builder’s exchanges in the State of California, covering the area from Redding to San Jose and Stockton to Santa Rosa.

ALTERNATIVE ACTION
If the council has any questions, this request may be delayed so that staff may provide the necessary back up information.

STAFF CONTACT
Caroline Vedder, Associate Civil Engineer
(707) 4287484
[email protected]
COORDINATED WITH
ATTACHMENTS:

Description
Bid Results
Proposed Resolution
REVIEWERS:

Reviewer Action Date
Panganiban, Ryan Approved 3/22/2022 9:49 AM
Kaushal, Paul Approved 3/22/2022 11:07 AM
Alexander, Amber Approved 3/24/2022 7:29 PM
Alexander, Amber Approved 3/24/2022 7:29 PM
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City of Fairfield
Public Works Department

Police Training Facility Roof Restoration

NAME OF PROJECT
March 2, 2022, 2:15 p.m.

DATE OF BID

NO. BIDDER AMOUNT
1 Pacific Polymers, Inc. Walnut Creek, CA $498,618.00 2 Waterproofing Associates, Inc. Mountain View, CA $618,000.00 3 State Roofing Systems, Inc. San Leandro, CA $677,561.00 4 Universal Coating, Inc. Fresno, CA $697,000.00 5 Stronger Building Services San Leandro, CA $755,000.00 6 Best Contracting, Inc. Gardena, CA $973,500.00

Engineer’s Estimate $475,000.00
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CITY OF FAIRFIELD

RESOLUTION NO. 2022-66

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAIRFIELD APPROVING THE PLANS AND SPECIFICATIONS AND AWARDING A CONTRACT TO PACIFIC POLYMERS, INC. FOR THE POLICE

TRAINING FACILITY ROOF RESTORATION PROJECT

WHEREAS, the bid opening for the Police Training Facility Roof Restoration Project took place on March 2, 2022; and

WHEREAS, Pacific Polymers, Inc. is the lowest responsive and responsible bidder in the amount of $498,618; and

WHEREAS, staff has reviewed the bid documents from Pacific Polymers, Inc. and found them to be in order; and

WHEREAS, staff is recommending that the City Council award the contract to Pacific Polymers, Inc. as the lowest responsive and responsible bidder.

NOW, THEREFORE, THE COUNCIL OF THE CITY OF FAIRFIELD HEREBY RESOLVES:

Section 1. The plans and specifications for the Police Training Facility Roof Restoration Project are hereby approved.

Section 2. The city manager is authorized to enter into a contract with Pacific Polymers, Inc. for the Police Training Facility Roof Restoration Project in the amount of $498,618.

Section 3. The public works director is hereby authorized to execute and administer change orders for an amount not-to-exceed $99,724, or 20% of the contract amount.

Section 4. The city manager is authorized to enter into an escrow agreement for security deposits in lieu of retention for said contract if requested by the contractor.

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RES. NO. 2021-66

Page 2 ends

PASSED AND ADOPTED this 5th day of April, 2022, by the following vote:

AYES: COUNCILMEMBERS: PRICE / BERTANI / MOY / PANDURO / TIMM / TONNESEN / VACCARO

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

MAYOR
ATTEST:

____________________________

CITY CLERK
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Agenda Item No: 17.

AGENDA REPORT
DATE:April 5, 2022
TO:Mayor and City Council
FROM:David Gassaway, Interim City Manager
SUBJECT:Resolution 202267 of the City Council of the City of Fairfield Approving the Plans and Specifications and Awarding a Contract to VSS International, Inc. for the 2021 Pavement Maintenance Project and Updating the Fiscal Year 2021/2022 Budget RECOMMENDED ACTION
Adopt resolution.

STATEMENT OF ISSUE
The 2021 Pavement Maintenance Project (Project) is on year four of the fiveyear street maintenance plan to improve arterial and collector streets throughout the city. The proposed Project will complete seal coat treatments on approximately 1.10 million square feet of arterial and collector streets, including Air Base Parkway, Parker Road, Travis Boulevard, the FultonFermiWatt industrial area, and parking lots for the Community Center, Fire Station 38, and North Bay Regional Water Treatment Plant (NBR).

DISCUSSION
Funds generated by Measure P and gas tax have improved approximately 28.12 million square feet of streets since 2014. The proposed Project will pave an additional 1.10 million square feet on Air Base Parkway, Parker Road, Travis Boulevard, Fermi Drive, Pascal Court, Watt Drive, Watt Court, Eastman Court, Edison Court, and Fulton Drive. Due to cost advantages from economies of scale, the Project also includes the Community Center, 1633 Union Avenue (Fire Station 38), and the NBR parking lots, which are utilizing separate funding sources other than Measure P and gas tax. Conduits and fiber optic cables are also included as part of the Project on Air Base Parkway and Travis Boulevard to continue developing the citywide broadband backbone infrastructure. Staff’s recommendation to install the underground broadband infrastructure as part of this paving project minimizes future excavation on these roadways, thereby protecting the City’s investment in the street network. Staff intends on returning to the council with an update on the broadband development plan and utilization of American Rescue Plan (ARPA) Act funds.

While the seal coat construction process will be disruptive, staff have included a number of measures in the project requirements to reduce construction impacts and provide information to the public.

Surrounding businesses and residents expected to be affected by the Project will be notified in advance. The Project will also have a City inspector in the field that will oversee the work and be available to respond to concerns from residents.

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Two bids were received and opened on March 3, 2022. The low bid, VSS International of West Sacramento, California, bid the Project for the total amount of $3,992,000. The Project bid schedule is broken down in the table below.

Description Bid Price
Bid Schedule A – Roadway Improvements $2,288,000
Bid Schedule B – Fiber Optic Conduits and Pull Boxes $1,259,000 Additive Alternate Bid #1 – NBR Parking Lot $363,000
Additive Alternate Bid #2 – Community Center Parking
Lot
$57,000
Additive Alternate Bid #3 – Fire Station 38 Parking Lot $25,000 Additive alternative bid items provide flexibility to scale projects to match the available budget and provide the City the discretion to choose whether to award the specific additive work. Staff recommends awarding the full Project, including all three additive alternate bids for the total amount of $3,992,000.

The Engineer’s Estimate is $3,520,000. Staff has analyzed the higher than anticipated prices and determined it can be attributed to the result of increases in commodity prices, which have been experienced in all levels of the construction industry. The major factor in the escalated price is the current volatile oil climate. Ultimately, staff has determined that rejecting all bids and rebidding the Project would not result in lower pricing.

Staff have reviewed the bid submitted by VSS and determined that it is responsive and meets all bid requirements. VSS and their subcontractors are appropriately licensed and have completed projects of similar size and complexity for other local agencies.

FINANCIAL IMPACT
The construction authorization for this project will be $4,391,200, which is the total bid amount, plus a 10% contingency ($3,992,000 total bid + $399,200 contingency). Funding for Schedule A and B, totaling $3,901,700, is budgeted in the Streets Capital Projects Fund (Fund 252, Division and Responsibility Code 99499, Pavement Maintenance Contracts). Funding for Additive Alternate Bid #1, $399,300, required a budget adjustment of $99,300 to the Water Operations Fund (Fund 901, Division and Responsibility Code 77370). Funding for Additive Alternate Bid #2 and #3, totaling $90,200, is budgeted in the Public Buildings Capital Projects Fund (Fund 254 Division and Responsibility Code 99330).

PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
A notice inviting bids for this Project was advertised twice in the Daily Republic newspaper on February 2 and February 9, 2022. In addition, distributed a notice of the Project and/or a complete bid package to a total of 10 builder’s exchanges in the State of California covering the area from Redding to San Jose and Stockton to Santa Rosa. A total of six contractors purchased bid documents for this Project.

ALTERNATIVE ACTION
The City Council could choose not to award the contract, reject all bids and restart the bid process, thus resulting in a significant delay in construction outside the construction season. Not awarding the contract would postpone this muchneeded street maintenance.

STAFF CONTACT
David Vong, Senior Civil Engineer
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Agenda Item No: 17.AGENDA REPORTDATE:April 5, 2022 TO:Mayor and City CouncilFROM:David Gassaway, Interim City ManagerSUBJECT:Resolution 202267 of the City Council of the City of Fairfield Approving the Plans andSpecifications and Awarding a Contract to VSS International, Inc. for the 2021Pavement Maintenance Project and Updating the Fiscal Year 2021/2022 BudgetRECOMMENDED ACTIONAdopt resolution.STATEMENT OF ISSUEThe 2021 Pavement Maintenance Project (Project) is on year four of the fiveyear street maintenanceplan to improve arterial and collector streets throughout the city. The proposed Project will completeseal coat treatments on approximately 1.10 million square feet of arterial and collector streets, includingAir Base Parkway, Parker Road, Travis Boulevard, the FultonFermiWatt industrial area, and parkinglots for the Community Center, Fire Station 38, and North Bay Regional Water Treatment Plant (NBR).DISCUSSIONFunds generated by Measure P and gas tax have improved approximately 28.12 million square feet ofstreets since 2014. The proposed Project will pave an additional 1.10 million square feet on Air BaseParkway, Parker Road, Travis Boulevard, Fermi Drive, Pascal Court, Watt Drive, Watt Court, EastmanCourt, Edison Court, and Fulton Drive. Due to cost advantages from economies of scale, the Projectalso includes the Community Center, 1633 Union Avenue (Fire Station 38), and the NBR parking lots,which are utilizing separate funding sources other than Measure P and gas tax. Conduits and fiber opticcables are also included as part of the Project on Air Base Parkway and Travis Boulevard to continuedeveloping the citywide broadband backbone infrastructure. Staff’s recommendation to install theunderground broadband infrastructure as part of this paving project minimizes future excavation onthese roadways, thereby protecting the City’s investment in the street network. Staff intends on returningto the council with an update on the broadband development plan and utilization of American RescuePlan (ARPA) Act funds.While the seal coat construction process will be disruptive, staff have included a number of measures inthe project requirements to reduce construction impacts and provide information to the public.Surrounding businesses and residents expected to be affected by the Project will be notified inadvance. The Project will also have a City inspector in the field that will oversee the work and beavailable to respond to concerns from residents.Two bids were received and opened on March 3, 2022. The low bid, VSS International of WestSacramento, California, bid the Project for the total amount of $3,992,000. The Project bid schedule isbroken down in the table below.Description Bid PriceBid Schedule A – Roadway Improvements $2,288,000Bid Schedule B – Fiber Optic Conduits and Pull Boxes $1,259,000Additive Alternate Bid #1 – NBR Parking Lot $363,000Additive Alternate Bid #2 – Community Center ParkingLot $57,000Additive Alternate Bid #3 – Fire Station 38 Parking Lot $25,000Additive alternative bid items provide flexibility to scale projects to match the available budget andprovide the City the discretion to choose whether to award the specific additive work. Staffrecommends awarding the full Project, including all three additive alternate bids for the total amount of$3,992,000.The Engineer’s Estimate is $3,520,000. Staff has analyzed the higher than anticipated prices anddetermined it can be attributed to the result of increases in commodity prices, which have beenexperienced in all levels of the construction industry. The major factor in the escalated price is thecurrent volatile oil climate. Ultimately, staff has determined that rejecting all bids and rebidding theProject would not result in lower pricing.Staff have reviewed the bid submitted by VSS and determined that it is responsive and meets all bidrequirements. VSS and their subcontractors are appropriately licensed and have completed projects ofsimilar size and complexity for other local agencies.FINANCIAL IMPACTThe construction authorization for this project will be $4,391,200, which is the total bid amount, plus a10% contingency ($3,992,000 total bid + $399,200 contingency). Funding for Schedule A and B,totaling $3,901,700, is budgeted in the Streets Capital Projects Fund (Fund 252, Division andResponsibility Code 99499, Pavement Maintenance Contracts). Funding for Additive Alternate Bid #1,$399,300, required a budget adjustment of $99,300 to the Water Operations Fund (Fund 901, Divisionand Responsibility Code 77370). Funding for Additive Alternate Bid #2 and #3, totaling $90,200, isbudgeted in the Public Buildings Capital Projects Fund (Fund 254 Division and Responsibility Code99330).PUBLIC CONTACT/ADVISORY BODY RECOMMENDATIONA notice inviting bids for this Project was advertised twice in the Daily Republic newspaper on February2 and February 9, 2022. In addition, distributed a notice of the Project and/or a complete bid packageto a total of 10 builder’s exchanges in the State of California covering the area from Redding to SanJose and Stockton to Santa Rosa. A total of six contractors purchased bid documents for this Project.ALTERNATIVE ACTIONThe City Council could choose not to award the contract, reject all bids and restart the bid process, thusresulting in a significant delay in construction outside the construction season. Not awarding thecontract would postpone this muchneeded street maintenance.

STAFF CONTACT
David Vong, Senior Civil Engineer
(707) 4287784
[email protected]
COORDINATED WITH
Finance Department
ATTACHMENTS:

Description
Bid Results
Proposed Resolution
REVIEWERS:

Reviewer Action Date
Panganiban, Ryan Approved 3/22/2022 9:49 AM
Kaushal, Paul Approved 3/22/2022 11:07 AM
Alexander, Amber Approved 3/24/2022 7:35 PM
Alexander, Amber Approved 3/24/2022 7:36 PM
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City of Fairfield
Public Works Department

2021 Pavement Maintenance Project

NAME OF PROJECT
March 3, 2022, 2:15 p.m.

DATE OF BID

NO. BIDDER AMOUNT *
1 VSS International, Inc. West Sacramento, CA $3,992,000.00 2 Pavement Coatings Co. Woodland, CA $4,531,391.00** **as read: $4,522,391.00

Engineer’s Estimate $3,530,000.00
*Note: The values computed are values based on Staff’s interpretation of the bids, correction of mathematical errors and assumptions made where ambiguous and/or illegible entries are encountered during the review process.

Packet Page 370 of 480Attachment 1 Page 1 of 1

CITY OF FAIRFIELD

RESOLUTION NO. 2022-67

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAIRFIELD APPROVING THE PLANS AND SPECIFICATIONS AND AWARDING A CONTRACT TO VSS INTERNATIONAL, INC. FOR THE 2021 PAVEMENT MAINTENANCE PROJECT AND UPDATING THE FISCAL YEAR 2021/2022 BUDGET

WHEREAS, the bid opening for the 2021 Pavement Maintenance Project took place on March 3, 2022; and

WHEREAS, the apparent low bidder was VSS International, Inc., in the amount of $3,992,000; and

WHEREAS, staff has reviewed the bid documents from VSS International, Inc. and found them to be in order; and

WHEREAS, staff is recommending that the City Council award the contract to VSS International, Inc. as the lowest responsive and responsible bidder in the amount of the Total Bid for $3,992,000 ($2,288,000 Schedule A Bid + $1,259,000 Schedule B Bid + $363,000 Additive Alternative Bid #1 + $57,000 Additive Alternative Bid #2 + $25,000 Additive Alternative Bid #3 ); and

WHEREAS, funding was not allocated in the City’s approved 2021-2022 Budget thus requiring an adjustment in the amount of $99,300 to fund the work; and

WHEREAS, the revised appropriation constitutes an update to the 2021-2022 Budget approved pursuant to Resolution No. 2021-126.

NOW, THEREFORE, THE COUNCIL OF THE CITY OF FAIRFIELD HEREBY RESOLVES:

Section 1. The plans and specifications for the 2021 Pavement Maintenance Project are hereby approved.

Section 2. The city manager is authorized to enter into a contract with VSS International, Inc. for the 2021 Pavement Maintenance Project in the amount of $3,992,000.

Section 3. The city manager is authorized to enter into an escrow agreement for security deposits in lieu of retention for said contract, if necessary.

Section 4. The city manager is hereby authorized to implement the above-mentioned contract.

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RES. NO. 2022-67

Page 2 ends

Section 5. The City Council hereby approves the appropriation of $99,300 unrestricted fund balance in Fund 901 to fund the Asphalt Chip Seal Capital Project, Division and Responsibility Code 99370.

PASSED AND ADOPTED this 5th day of April 2022, by the following vote:

AYES: COUNCILMEMBERS: PRICE / BERTANI / MOY / PANDURO / TIMM / TONNESEN / VACCARO

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

MAYOR
ATTEST:

____________________________

CITY CLERK

Packet Page 372 of 480Attachment 2 Page 2 of 2

Agenda Item No: 18.

AGENDA REPORT
DATE:April 5, 2022
TO:Mayor and City Council
FROM:David Gassaway, Interim City Manager
SUBJECT:Resolution 202268 of the City Council of the City of Fairfield Approving a FiveYear Contract with George Hills Company, Inc
RECOMMENDED ACTION
Adopt resolution.

STATEMENT OF ISSUE
The City has utilized George Hills Company, Inc. (GH) as its Third Party Administrator (TPA) for General Liability Claims since 1998. The current contract expires June 30, 2024; however, with the recent resignation notice submitted by our risk manager, a new contract with additional scope of services is desired.

DISCUSSION
GH has been the City’s liability TPA for over 23 years. Before hiring a risk manager in November 2018, George Hills investigated and administered all liability claims. GH also assisted the City in the defense or settlement of all claims and worked closely with the City Attorney’s Office as well as our excess insurance carriers to ensure claims were handled according to industry standards.

Since our liability risk manager, who handled liability claims, investigations, and litigation management, submitted his resignation effective April 1, 2022, additional scope of services is needed from George Hills. Salary and benefit savings will exist as a result of the position vacancy and will be used to pay for this contract entirely using the General Liability Fund. The current contract with GH is currently for claims processing and reporting and is contracted at $50,000 per year. The new scope of services will be as follows:

1. Investigative Services.GH will provide complete investigative services.

2. Liability and Property Claims. GH will adjust all liability and property claims.

3. Claim Payments. All claim payments, including legal defense invoices, are paid from the trust account managed by GH after approval from the City. This system is highly efficient and provides additional payment oversight and safeguards.

Packet Page 373 of 480

4. Insurance Consultation.GH will work with the California Joint Powers Risk Management Authority and Alliant Insurance Services on all insurance renewals.

5. Risk Management.GH will provide consultation on all contract reviews to include risk analysis to determine the proper levels of insurance and review indemnity language and insurance terms.

6. Medicare Reporting.In 2007, governmental agencies were required to report all payments made to Medicareeligible recipients. Failure to perform this could result in a penalty assessment of $1,000/day. The reporting is conducted by Exam Works through SIMS.

7. Redundancy/Backup/Support. GH is on call 24/7 to assist with afterhour claim investigations as needed.

8. Reports.Reports that include an active loss run are automatically sent each month. These reports are required to be sent to the City’s actuary and auditors upon request.

FINANCIAL IMPACT
The cost for this fiveyear, 3month contract with the additional scope is $972,000. Funds are budgeted in the Finance Division General Liability Fund (Fund 541, Division and Responsibility Code 15001).

With the resignation of the risk manager, the City will experience approximately a $70,000/year cost savings, which will help offset the rising insurance costs.

PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
N/A
ALTERNATIVE ACTION
City Council could decide not to approve the agreement and instruct staff to perform recruitment for a risk manager.

STAFF CONTACT
Juan Gomez, Interim Director of Finance
(707) 4287495
[email protected]
COORDINATED WITH
City Attorney's Office
ATTACHMENTS:

Description
Proposed Resolution
Contract
REVIEWERS:

Reviewer Action Date
Burleson, Michele Approved 3/23/2022 11:00 AM
Burleson, Michele Approved 3/23/2022 11:25 AM
Gomez, Juan Approved 3/23/2022 11:40 AM
Alexander, Amber Approved 3/24/2022 7:22 PM
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Agenda Item No: 18.AGENDA REPORTDATE:April 5, 2022 TO:Mayor and City CouncilFROM:David Gassaway, Interim City ManagerSUBJECT:Resolution 202268 of the City Council of the City of Fairfield Approving a FiveYearContract with George Hills Company, IncRECOMMENDED ACTIONAdopt resolution.STATEMENT OF ISSUEThe City has utilized George Hills Company, Inc. (GH) as its Third Party Administrator (TPA) for GeneralLiability Claims since 1998. The current contract expires June 30, 2024; however, with the recentresignation notice submitted by our risk manager, a new contract with additional scope of services isdesired.DISCUSSIONGH has been the City’s liability TPA for over 23 years. Before hiring a risk manager in November 2018,George Hills investigated and administered all liability claims. GH also assisted the City in the defenseor settlement of all claims and worked closely with the City Attorney’s Office as well as our excessinsurance carriers to ensure claims were handled according to industry standards.Since our liability risk manager, who handled liability claims, investigations, and litigation management,submitted his resignation effective April 1, 2022, additional scope of services is needed from GeorgeHills. Salary and benefit savings will exist as a result of the position vacancy and will be used to pay forthis contract entirely using the General Liability Fund. The current contract with GH is currently for claimsprocessing and reporting and is contracted at $50,000 per year. The new scope of services will be asfollows:1. Investigative Services.GH will provide complete investigative services.2. Liability and Property Claims. GH will adjust all liability and property claims.3. Claim Payments. All claim payments, including legal defense invoices, are paid from the trustaccount managed by GH after approval from the City. This system is highly efficient and providesadditional payment oversight and safeguards.4. Insurance Consultation.GH will work with the California Joint Powers Risk ManagementAuthority and Alliant Insurance Services on all insurance renewals.5. Risk Management.GH will provide consultation on all contract reviews to include risk analysis todetermine the proper levels of insurance and review indemnity language and insurance terms.6. Medicare Reporting.In 2007, governmental agencies were required to report all paymentsmade to Medicareeligible recipients. Failure to perform this could result in a penalty assessmentof $1,000/day. The reporting is conducted by Exam Works through SIMS.7. Redundancy/Backup/Support. GH is on call 24/7 to assist with afterhour claim investigationsas needed.8. Reports.Reports that include an active loss run are automatically sent each month. Thesereports are required to be sent to the City’s actuary and auditors upon request.FINANCIAL IMPACTThe cost for this fiveyear, 3month contract with the additional scope is $972,000. Funds are budgetedin the Finance Division General Liability Fund (Fund 541, Division and Responsibility Code 15001).With the resignation of the risk manager, the City will experience approximately a $70,000/year costsavings, which will help offset the rising insurance costs.PUBLIC CONTACT/ADVISORY BODY RECOMMENDATIONN/AALTERNATIVE ACTIONCity Council could decide not to approve the agreement and instruct staff to perform recruitment for arisk manager.STAFF CONTACTJuan Gomez, Interim Director of Finance(707) 428[email protected] WITHCity Attorney's OfficeATTACHMENTS:DescriptionProposed ResolutionContractREVIEWERS:Reviewer Action DateBurleson, Michele Approved 3/23/2022 11:00 AM Burleson, Michele Approved 3/23/2022 11:25 AM
Gomez, Juan Approved 3/23/2022 11:40 AM
Alexander, Amber Approved 3/24/2022 7:22 PM
Alexander, Amber Approved 3/24/2022 7:22 PM
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CITY OF FAIRFIELD

RESOLUTION NO. 2022-68

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAIRFIELD APPROVING A FIVE-YEAR CONTRACT WITH GEORGE HILLS COMPANY, INC.

WHEREAS, the City wishes to enter into a Consultant Services Agreement to provide investigative and administration of the City’s liability claims; and

WHEREAS, the consultant chosen by the City to provide these services is George Hills Company, Inc. which specializes in providing these services to government agencies; and

WHEREAS, both the City and George Hills Company, Inc. wish to enter into a five-year contract.

NOW, THEREFORE, THE COUNCIL OF THE CITY OF FAIRFIELD HEREBY RESOLVES:

Section 1. The agreement between the City and George Hills Company, Inc. is entered int o for a period of five years, expiring on June 30, 2027.

Section 2. Compensation for this contract is set at a maximum of $972,000.

Section 3. The city manager is authorized to execute all necessary agreements with George Hills Company, Inc., and take other action as necessary and proper to implement this resolution.

PASSED AND ADOPTED this 5th day of April 2022, by the following vote:

AYES: COUNCILMEMBERS: PRICE / BERTANI / MOY / PANDURO / TIMM / TONNESEN / VACCARO

NOES: COUNCILMEMBERS: _______________________________________________

ABSENT: COUNCILMEMBERS: _______________________________________________

ABSTAIN: COUNCILMEMBERS: _______________________________________________

____________________________________________
MAYOR

ATTEST:

____________________________

CITY CLERK
Packet Page 376 of 480Attachment 1 Page 1 of 1

Contract Between the City of Fairfield and George Hills Company for Risk Management and Claims Adjusting and Administration Services, page 1 of 31
CONTRACT BETWEEN THE CITY OF FAIRFIELD AND GEORGE HILLS CO., INC. FOR

RISK MANAGEMENT AND CLAIMS ADJUSTING AND ADMINISTRATION SERVICES This Contract is made and entered into this ____ day of April, 2022 by and between the CITY OF FAIRFIELD, hereinafter referred to as “CLIENT,” and GEORGE HILLS COMPANY, INC., hereinafter referred to as “GH.”
GH is a California Corporation doing business as licensed, independent insurance adjusters and administrators, with John Chaquica, Chief Executive Officer, responsible for Contract compliance, terms, and corporate governance. Chris Shaffer, Chief Operating Officer, shall oversee the daily operations. The company's corporate office is located at P.O. Box 278, Rancho Cordova, California, 95741, telephone, (916) 859-4800.

The CLIENT is an incorporated public entity with Harry Price serving as Mayor and David Gassaway serving as Interim City Manager, and which is located at 1000 Webster Street, Fairfield, CA 94533.

IT IS HEREBY AGREED by and between the parties signing this Contract as follows:

I. GENERAL
CLIENT is desirous of availing itself of services provided by GH Including Risk Management services, liability and property claims adjusting and administration services for those claims assigned per the Scope of Services (Section II). GH is a Third-Party Risk Manager and Claims Administrator handling self-insured claims on behalf of public entities and is ready to and capable of performing such services as described herein. As such, GH may act as a representative of the CLIENT when directed for the investigation, adjustment, processing, and evaluation of general liability, motor vehicle, and potential money damage claims or incidents filed by third parties against the CLIENT, or against parties for whom the CLIENT is alleged to be legally responsible, which are premised upon allegations of willful, intentional, negligent, or careless acts and/or omissions (“CLAIMS”).

II. SCOPE OF SERVICES
GH agrees to provide complete Risk Management and claim handling services on each accident or incident, as directed by CLIENT. Each CLAIM will be subject to the Scope of Services and Client Expressed Authority and Limitations form, attached hereto as Attachment A. CLIENT shall determine the scope of services to be provided by GH by signing the the Scope of Services and Client Expressed Authority and Limitations for each Contract. The Scope of Services and Client Expressed Authority and Limitations form shall be the controlling documents for the scope of claims adjusting services to be provided by GH for CLIENT and may be amended, in writing, as needed during the Contractual period.

III. DENIAL, COMPROMISE, OR SETTLEMENT OF CLAIMS
It is agreed that CLIENT has granted authority to GH of up to $5,000 for the purpose of compromising, settling, and paying any CLAIMS against CLIENT being handled by GH within the Scope of Services and Client Expressed Authority and Limitations form. GH will issue payment for legal expenses as defined in the Scope of Services and Client Expressed Authority and Limitations form. Prior approval to compromise or settle any Packet Page 377 of 480Attachment 2 Page 1 of 31

Contract Between the City of Fairfield and George Hills Company for Risk Management and Claims Adjusting and Administration Services, page 2 of 31
CLAIM or pay any expense will be obtained from the designated claims officer or employee on matters exceeding the authority granted above.

IV. FILE RETENTION
GH shall serve as the custodian of the client’s data for documents related to each of the CLAIMS subject to this Contract only, and as such shall electronically retain all related records through the life of this Contract or retention period, whichever comes first. Upon termination of this Contract, GH shall transfer all of the data pertaining to all CLAIMS, either to the CLIENT or to a recipient designated by the CLIENT, within 30 days of termination. CLIENT and GH may agree via a separate signed agreement to retain records and/or data for a longer period of time, but in the absence of such separate agreement, GH will remove all data received, held, used, or stored in relation to GH’s performance pursuant to this Contract from its system after 30 days from termination.

V. CONFIDENTIALITY
All data, documents, discussions, or other information developed or received by or for GH in performance of this Contract are confidential and not to be disclosed to any person except as authorized by CLIENT or CLIENT’s designee, or as required by law.

VI. CONFLICT OF INTEREST
In the event GH receives a CLAIM from the CLIENT in which there arises a "conflict of interest," GH shall immediately notify CLIENT. CLIENT may then, at its expense, choose to hire another well-qualified claim firm to handle that particular claim to a conclusion.

GH covenants that it presently knows of no interest, direct or indirect, which would conflict in any manner with the performance of services required under this Contract.

VII. CLIENT RESPONSIBILITY
CLIENT agrees to the following:
1) CLIENT shall cooperate with GH as reasonably necessary for GH to perform its services.
2) CLIENT agrees to provide direction to GH as requested regarding particular project requirements.
3) CLIENT shall identify a primary contact person(s) for an account as well as for billing and loss run submission. In addition, CLIENT shall be responsible for reporting all changes in the primary point of contact to GH. 4) CLIENT shall be responsible for reporting to GH all Bodily Injury CLAIMS in addition to all other items noted in Attachment B to this Agreement “Medicare, Medicaid, and SCHIP Extension Act of 2007 (MMSEA).”
5) CLIENT shall be responsible for updating GH on any changes to coverage/policy language; including limits, retentions/deductibles and coverage changes by January 31 of each year.
6) CLIENT shall obtain any necessary consent in the collection of any CLIENT data that is transmitted to a third party (i.e., lawyer, actuary, or auditor). CLIENT shall Packet Page 378 of 480Attachment 2 Page 2 of 31

Contract Between the City of Fairfield and George Hills Company for Risk Management and Claims Adjusting and Administration Services, page 3 of 31
provide GH with reasonable assurances that it has the necessary consent to transmit CLIENT data to a third party. CLIENT acknowledges that the claims data may contain confidential and/or protected health information (“PHI”). In the event CLIENT authorizes and directs GH to provide claims data to a third party, CLIENT will indemnify, defend and hold harmless GH from and against all claims, damages, losses and expenses, including court costs and reasonable attorneys’ fees, arising out of or resulting from:(i) any action against GH that is based on any negligent act or omission of CLIENT or a third party in transmitti ng and/or disclosing the PHI and/or claims data; or (ii) the violation of any state or federal statute, ordinance, or regulation by CLIENT or a third party in transmitting and/or disclosing the claims data.

VIII. COMPENSATION, FEES AND EXPENSES
The following compensation, fees and expenses, shall be paid in consideration for the services provided by GH as described in this Contract at Section II – Scope of Services, which has been agreed to, including CLAIMS activity. This section shall remain enforced and services provided during the term of this Contract, unless otherwise amended pursuant to section XXI of this Contract.

The amounts to be paid pursuant to this Contract are detailed in two distinct areas of services:

First, under subsection 1) below, “Fees for Risk Management and Claims Administration Services”; and

Second, under subsection 2) below, “Reimbursable Costs and Expenses” which specifically relate to provision of CLAIMS handling services which is the subject of this Contract.

The fees and expenses/costs will be billed together monthly. Additionally, if the CLIENT elects any optional services identified in this section, such as First Party Subrogation Services or any of the identified Optional Services, such agreed upon additional amounts will also be billed together monthly where applicable.

1) Fees for Risk Management and Claims Administration Services Fixed Fee
Year One (15 month period) $218,500
Year Two $180,000
Year Three $185,500
Year Four $191,000
Year Five $197,000

In the event that services are requested by the CLIENT which fall outside the scope of the Fixed Fees identified above, GH will charge to the CLIENT time for its services, in Packet Page 379 of 480Attachment 2 Page 3 of 31

Contract Between the City of Fairfield and George Hills Company for Risk Management and Claims Adjusting and Administration Services, page 4 of 31
increments of 1/10th of an hour, for all work to complete the task requested or to be performed. This time will be tracked on a “per claim” basis if related to a CLAIM, or otherwise logged, with descriptions of the actual work performed which shall be included on each monthly invoice.

The current hourly rates are for work performed by GH personnel are:

Supervisor: $115/hour*
Adjuster: $95/hour*
Claims Processing: $75/hour*

The Fixed Fees described above and hourly rates identified in this Contract are subject to an annual cost of living increase of 3% after the initial five (5) year term of this Contract.
2) Reimbursable Costs and Expenses

a. OneTime On-Boarding Fee: $0.00

This represents a one-time startup fee to include, but not limited to, the planning and coordination of the onboarding process and documentation, detailing specific CLAIMS handling instructions, communication protocols, personalize design of CMIS structure, new client setup – bank account, vendors, W-9, etc., and CLAIMS triage/assignment.

b. Annual Administration Fee: Included in the Fixed Fees above.

c. Mileage: Mileage reimbursement is paid at the IRS rate.

d. MMSEA: There is a one-time setup fee of $0.00 and a $500 annual reporting fee, which are paid directly to ExamWorks, for the performance of CMS reporting.

e. Adjuster Travel Expenses: GH will separately charge for any travel expenses in connection with attendance at mediations, settlement conferences, trials, etc. This will be subject to prior approval and that actual expenses will be submitted with receipts on a monthly basis.

f. CMIS Access Fee: Access to the CLAIMS management information system, “CMIS,” is included in the annual administration fee. It includes the setup and management of up to two (2) user accounts through the electronic CLAIMS management information system operated by GH.

Currently that system is known as ClaimsXpress or CXP, but such system is subject to change based on the business needs of GH. In the event that a change in the CMIS takes place, GH will insure that any replacement is comparable in functionality and features.

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Contract Between the City of Fairfield and George Hills Company for Risk Management and Claims Adjusting and Administration Services, page 5 of 31
g. iMetrics Report Fee: There will be no charge for our iMetrics business intelligence reports with executive in-person debriefs.

h. Custom Reports: Additional charges for custom reporting shall be defined as, requiring a third-party programmer for three hours or more and is client specific.

i. Conversion Fee: For new clients, GH will pay the Conversion Fee subject to the terms stated below. The Conversion Fee covers costs associated with electronic data conversion, transition, reconciliation of financials, all reports created and vetted, and CLIENT sign-off on CMIS set up.

GH extends to new clients the following: GH believes in the establishment of a long-term partnership, and as such shall pay 100% of all costs relating to the data conversion, which is estimated at $20,000. This is based solely on GH being retained under this Contract for five years (whether it is this Contract or an extension of/amendment to this Contract). If, for any reason the GH is not retained for five years, the CLIENT will be subject to a fee of 20 percent of the full Conversion Fee for each year not retained.

The Conversion Fee does not include, the shipping, storing, scanning, copying, or otherwise handling open or closed paper claims files. Please see subsection M, “Paper Files” below.

Upon early termination of this Contract, any remaining fee will be added to the penultimate invoice and if not paid, will result in an additional balance due and owed to GH.

j. Catastrophic Fees: GH recognizes that there are events that are unanticipated and catastrophic. When such events occur, it requires additional hours for the handling of such claims. As such, to preserve the quality and efficiency of service for which we are known, GH proposes that should any one catastrophic event occur resulting in five or more claimants, or two or more claimants with their own defense counsel, CLIENT shall be billed at the current hourly rates described above, for all services. Catastrophic Fees under this section only apply to CLIENTs which have selected a “Fixed Fee” or “Time and Expense with a cap” payment options.

k. 3% Annual Escalator: All GH pricing options under this Contract are subject to an automatic annual increase of 3%. This annual increase shall take effect upon each anniversary of the Contract effectiveness date.

l. General File: A general administrative file shall be established and maintained to track effort related to services necessary to fulfill our contractual obligations and not otherwise associated with a CLAIM.

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Contract Between the City of Fairfield and George Hills Company for Risk Management and Claims Adjusting and Administration Services, page 6 of 31
m. Paper Files: GH is prepared to take the lead to arrange for all services relating to conversion storage, copying, scanning, shipping, and disposal.

GH will provide you a quote for any services related to storage, retrieval, copying, scanning, shipping, and disposal of paper files.

3) First Party Subrogation Services And Fees
GH is a claim administration firm experienced in the handling of first party subrogation claims and is ready and capable of performing such services on behalf of CLIENT. GH does not handle subrogation claims with a value of less than $1000. For any claim in excess of $1,000, CLIENT authorizes GH for to initiate its Subrogation Services as described more fully in Attachment A, Scope of Services and Client Expressed Authority and Limitations as well as Attachment A-1, Subrogation Agreement. Our services are unique to a first party loss of the CLIENT caused by the intentional or negligent act of a third party. CLIENT will pay a Subrogation Fee in the amount of 30% for each and every recovery obtained. The minimum amount to be paid to GH will be $250 per claim upon recovery.

4) Optional Services

a. Legal Services and Consultation (Optional):

GH employs in-house General Counsel which have vast experience in claims and litigation handling for all claims which are, or could be, subject to this agreement. GH offers the services of its attorneys as an additional resource for GH clients as follows:
i. Litigation Management: $N/A* p/hour
These services include the oversight of all assigned GH claims adjusters and monitoring and handling of “watch list” claims (highest exposure, most complex litigation). These services are also available on a claim by claim basis in support of the Lead Adjuster assigned due to the complexity of the claims.
ii. Monitoring Counsel: $N/A* p/hour
This case specific service includes evaluating coverage issues, monitoring claim and litigation strategy, analyzing liability and damage issues, participating in discussions regarding resolution by trial or settlement, and controlling costs.
iii. Outside General and Special Counsel: $N/A* p/hour
These services include confidential analysis and problem solving for managing risk and avoiding unnecessary litigation and provides immediate access to legal advice This includes identifying coverage issues, providing input and assistance on Public Records Act Requests, tort claim handling and strategy, conflicts of interest, oversight of outside litigation counsel and providing legal opinions on potential and active litigation.

Packet Page 382 of 480Attachment 2 Page 6 of 31

Contract Between the City of Fairfield and George Hills Company for Risk Management and Claims Adjusting and Administration Services, page 7 of 31
iv. Trial/Mediation/Board Meetings Attendance: $N/A* p/hour These services include attending Board Meetings, trial, mediation, and other court hearing attendance including appearing before Courts of Appeal. Analysis and consultation provided before, during and after these significant litigation events can reduce exposure and maximize opportunities for resolution.
v. Legal Training and Seminars: $N/A* p/hour
These services include providing customized seminars and training upon request. Subject areas include memorandums of coverage, all aspects of risk management, claims handling and litigation, employment law and general liability claims. Courses are customized to address the client’s specific needs.
vi. Professional and Financial Services: $1175/hour
As related to risk management and loss prevention in alignment with the scope of services.

NOTE: These services are traditionally Time and Expense, however an annual fee can be considered.

IX. PAYMENT SCHEDULE
GH will submit its invoices to CLIENT, and payment shall be made by CLIENT, within a reasonable period of time, not to exceed thirty (30) days from the date of the invoice.

X. ELECTRONIC FUNDS TRANSFER OR DIRECT DEPOSIT
GH has determined that the most efficient and secure default form of payment for goods and/or services provided under Contract with CLIENT shall be Electronic Funds Transfer (EFT) or direct deposit, unless an alternative method of payment is deemed appropriate by both GH and CLIENT and agreed to in writing.

GH will submit a direct deposit authorization request via to CLIENT with banking and vendor information, and any other information that the CLIENT determines is reasonably necessary to process the payment and comply with all accounting, record keeping, and tax reporting requirements
At any time during the duration of the Contract, GH may submit a written request for an exemption to this requirement. Such request must be based on specific legal, business or operational needs and GH will explain why the payment method designated by the CLIENT is not feasible and an alternative is necessary.

XI. TERM AND TERMINATION
Term: The term of this Contract shall commence on April 1, 2022 through and including June 30, 2027 . Either party may terminate this Contract for any reason upon issuing a ninety (90) day written notice to the other party pursuant to section XXII of this Contract.

Termination for Convenience: CLIENT may at any time and for any reason terminate this Agreement upon ninety (90) days written notice to GH pursuant to section XXII of this Contract. Notice shall be deemed served on the date of mailing. Upon receipt of such Packet Page 383 of 480Attachment 2 Page 7 of 31

Contract Between the City of Fairfield and George Hills Company for Risk Management and Claims Adjusting and Administration Services, page 8 of 31
notice, GH shall discontinue services at the end of the 90-day period in connection with the scope of services of this Agreement. Upon such termination, GH shall be entitled to payment from CLIENT for services completed and provided through the date of termination, per Section VIII.

Termination Costs: If termination takes place in less than five (5) years from start of term, CLIENT may be subject to a fee, not to exceed $2,500, intended to cover costs associated with outgoing data conversion, transition and Contract close out.

Upon completion of data conversion and return of data back to CLIENT (electronic and/or hard copy), GH will destroy any remaining files.

XII. FAIR EMPLOYMENT
It is the policy of GH to provide fair and equal treatment to all staff members. GH is an Equal Opportunity Employer and does not discriminate in any way against any person on the basis of age, race, sex, color, national origin, national ancestry, physical disability, medical condition, mental disability, religion, creed, marital status, sexual orientation, gender identification, gender expression, use of family care leave or any other classification deemed protected by law.

XIII. INDEPENDENT CONTRACTOR
In performing claims administrative services herein agreed upon, GH, and all GH employees, shall have the status of an independent contractor of the CLIENT and shall not be deemed to be an officer, employee, or agent of CLIENT.

XIV. INDEMNIFICATION
GH will defend, indemnify, and hold harmless CLIENT and its elected officials, officers, agents, employees and designated volunteers (collectively “Indemnitees”) from and against all claims, losses, liabilties, demands, actions, costs and expenses, including attorneys’ fees and costs, or causes of action arising directly or indirectly from the negligent, reckless, or willful action, conduct, or failure to act by GH personnel (“Indemnity Event”), except that indemnity under this section does not apply with respect to any claim, demand, action, or cause of action arising out of the sole negligence or willful misconduct of the CLIENT. This right to indemnity shall not cover any claims in which there is a failure to give GH prompt and timely notice, within thirty (30) days of notice received by the CLIENT which implicates this provision, but only if and to the extent that such failure materially prejudices the defense of such claims. GH’s duty to defend shall consist of reimbursement of defense costs incurred by CLIENT in direct proportion to the GH’s proportionate percentage of fault. GH’s percentage of fault shall be determined, as applicable, by a court of law, jury or arbitrator. In the event any loss, liability or damage is incurred by way of settlement or resolution without a court, jury or arbitrator having made a determination of GH’s percentage of fault, the parties agree to mediation with a third party neutral to determine the GH’s proportionate percentage of fault for purposes of determining the amount of indemnity and defense cost reimbursement owed to the CLIENT.

For an Indemnity Event, the maximum amount recoverable by CLIENT against GH for damages and costs (inclusive of attorneys’ fees) is limited to the insurance policy limits , of the policy which covers the Indemnity Event held by GH, in place at the time of the Packet Page 384 of 480Attachment 2 Page 8 of 31

Contract Between the City of Fairfield and George Hills Company for Risk Management and Claims Adjusting and Administration Services, page 9 of 31
Indemnity Event. CLIENT’s acceptance of insurance certificates and endorsements required under this Contract does not relieve GH from liability under this indemnification clause. This indemnification clause shall apply whether or not such insurance policies are determined to be applicable to any such damages or claims for damages.

GH’s responsibility for such defense and indemnity shall survive termination or completion of this agreement for the full period of time allowed by law.

CLIENT will defend, indemnify, and hold harmless GH, and/or employees of GH, from and against all claims, demands, actions, or causes of action, which may arise, from the negligent, reckless, or willful action, conduct, or failure to act by CLIENT. In any cases subject to this indemnity provision, wherein GH, or any employee of GH, is named in a filed or verified complaint simply by virtue of the fact it is the CLAIMS ADMINISTRATION firm, or an employee thereof, on a given claim, the CLIENT will defend GH, and/or its employees, at no cost to GH or its employees.

XV. INSURANCE
GH shall provide CLIENT with Certificates of Insurance duly executed by an authorized representative of insurance company or companies authorized to transact business in the State of California, and said Certificates shall evidence that the GH has in full force and effect: (1) $1,000,000 per occurrence Commercial General Liability coverage applying to bodily injury, personal injury, and property damage; (2) $3,000,000 Each Claim/Annual Aggregate Professional Liability coverage; (3) statutory coverage for workers compensation; and (4) fidelity coverage for theft of CLIENT property in the amount of $1,000,000 per loss.
a) Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions 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 retentions as respects the CITY, 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.
b) The commercial general liability policy must contain, or be endorsed to contain, the following provisions:
i) The CLIENT, its officers, officials, employees and volunteers are to be covered as insureds as respects: liability arising out of work or operations performed by or on behalf of the GH; products and completed operations of the GH; premises owned, occupied or used by the GH; and automobiles owned, leased, hired or borrowed by the GH. The coverage shall contain no special limitations on the scope of protection afforded to the CLIENT, its officers, officials, employees or volunteers. ii) For any claims related to this Contract, GH’s insurance coverage shall be primary insurance as respects the CLIENT, its officers, officials, employees and volunteers. Any insurance or self-insured maintained by the CLIENT, its officers, officials, employees or volunteers shall be excess of the GH’s insurance and shall not contribute with it. iii) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the CLIENT, its officers, Packet Page 385 of 480Attachment 2 Page 9 of 31

Contract Between the City of Fairfield and George Hills Company for Risk Management and Claims Adjusting and Administration Services, page 10 of 31
officials, employees or volunteers.
iv) The GH’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. v) 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 CLIENT.
vi) The policy limits of coverage shall be made available to the full limits of the policy. The minimum limits stated above shall not serve to reduce GH’s policy limits of coverage.

Therefore, the requirements for coverage and limits shall be (1) the minimum coverage and limits specified in this agreement, or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named insured, whichever is greater.
c) Acceptability of Insurer. Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the CLIENT. d) Verification of Coverage. GH shall furnish the CLIENT with original endorsements effecting coverage required by this section XV. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf; on forms equivalent to CG 20 10 11 85, subject to CLIENT approval; and submitted electronically through the Exigis insurance system to: [email protected]. All insurance certificates and endorsements are to be received and approved by the CLIENT before work commences.

At the request of the CLIENT, GH shall provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications.

XVI. EMPLOYEE SOLICITATION
During the period of this Contract, and for a period of one (1) year thereafter, GH agrees not to solicit for employment any CLIENT employee contacted during the performance of this Contract. CLIENT agrees not to solicit for employment, or employ either directly or by contract, during the period of this Contract, and for a period of one (1) year thereafter, any employee of GH contacted by the CLIENT during the performance of this Contract.

Packet Page 386 of 480Attachment 2 Page 10 of 31

Contract Between the City of Fairfield and George Hills Company for Risk Management and Claims Adjusting and Administration Services, page 11 of 31
XVII. PERSONNEL
GH shall assign only competent personnel to perform services pursuant to this Contract.

In the event that CLIENT, in its sole discretion, at any time during the term of this Contract, desires the removal of any person or persons assigned by GH to perform services pursuant to this Contract, GH shall remove any such person immediately upon receiving notice from CLIENT of the desire of CLIENT for the removal of such person or persons.

XVIII. STANDARD OF PERFORMANCE.

GH shall perform all services required pursuant to this Contract. Services shall be performed in the manner and according to the standards observed by a competent practitioner of the profession in which GH is engaged in the geographical area in which GH practices its profession. All products which GH delivers to CLIENT pursuant to this Contact shall be prepared in a workmanlike manner, and conform to the standards of quality normally observed by a person practicing in GH’s profession. CLIENT shall be the sole judge as to whether the product of the GH is satisfactory.

XIX. PERMITS, LICENSES, CERTIFICATES
GH, at GH’s sole expense, shall obtain and maintain during the term of this Contract, all permits, licenses, and certificates required in connection with the performance of services under this Contract, including appropriate business license.

XX. ARBITRATION
GH and CLIENT agree that in the event of any dispute with regard to the provisions of the Contract, the services rendered, or the amount of GH’s compensation and the dispute cannot be settled through informal negotiation, the parties agree first to try in good faith to settle the dispute by mediation before resorting to arbitration. The parties agree that any and all disputes, claims or controversies arising out of or relating to this Contract shall be submitted to JAMS, or its successor, for mediation, and if the matter is not resolved through mediation, then it shall be submitted to JAMS, or its successor, for final and binding arbitration. Either party may commence mediation by providing to JAMS and the other party a written request for mediation, setting forth the subject of the dispute and the relief requested. The parties will cooperate with JAMS and with one another in selecting a mediator from the JAMS panel of neutrals and in scheduling the mediation proceedings. The parties agree that they will participate in the mediation in good faith and that they will share equally in its costs. All offers, promises, conduct and statements, whether oral or written, made in the course of the mediation by any of the parties, their agents, employees, experts and attorneys, and by the mediator or any JAMS employees, are confidential, privileged and inadmissible for any purpose, including impeachment, in any arbitration or other proceeding involving the parties, provided that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its use in the mediation. Either party may initiate arbitration with respect to the matters submitted to mediation by filing a written demand for arbitration at any time following the initial mediation session. The mediation may continue after the commencement of arbitration if the parties so desire.

Any arbitration arising out of or related to this Contract shall be conducted in accordance with the expedited procedures set forth in the JAMS Comprehensive Arbitration Rules Packet Page 387 of 480Attachment 2 Page 11 of 31

Contract Between the City of Fairfield and George Hills Company for Risk Management and Claims Adjusting and Administration Services, page 12 of 31
and Procedures as those Rules exist on the effective date of this Contract, including Rules 16.1 and 16.2 of those Rules. In any arbitration arising out of or related to this Contract, the arbitrator shall award to the prevailing party, if any, the costs and attorneys' fees reasonably incurred by the prevailing party in connection with the arbitration.

XXI. FORCE MAJEURE CLAUSE.

GH shall be relieved of any liability if unable to meet the terms and conditions of this Contract due to any "Act of God", natural disasters such as earthquake or fires, floods, riots, epidemics, pandemics, including COVID-19 regulations or restrictions issued by federal, state or local governmental authorities, strikes, or any act or order which is beyond the control of GH, provided GH takes all reasonable steps practical and necessary to effect prompt resumption of its responsibilities hereunder.

XXII. NOTICES
All notices to GH shall be sent via certified U.S. Mail, postage prepaid, to the following address:

GH
George Hills Company
Attn: John Chaquica, CEO
P.O. Box 278
Rancho Cordova, CA 95741.

All notices to the CLIENT shall be personally served or mailed, postage prepaid, to the following address:

Client: Copy to:

City Manager Finance Director
CMO Finance
1000 Webster St. 1000 Webster St.

Fairfield, CA 94533 Fairfield, CA 94533
This subsection only, regarding Notices, may be amended unilaterally by either party by and through the mailing of new or amended contact information to the other party via certified U.S. Mail at any time.

XXIII. AMENDMENT
GH and CLIENT agree that the terms and conditions of the Contract may be reviewed or modified at any time. Any modifications to this Contract, however, shall be effective only when agreed to in writing by both the CLIENT and GH, excepting only, modifications to the contact information to which Notices shall be sent under subsection XVIII.

XXIV. CONTRACTOR NOT A PUBLIC OFFICIAL
Neither GH, nor any employee of GH, is a "public official" for purposes of Government Code §§ 87200 et seq. GH conducts research and arrives at conclusions, provides advice, recommendation, or counsel independent of the control and direction of the CLIENT or any official of the CLIENT, other than normal contract monitoring. In addition, Packet Page 388 of 480Attachment 2 Page 12 of 31

Contract Between the City of Fairfield and George Hills Company for Risk Management and Claims Adjusting and Administration Services, page 13 of 31
GH possesses no authority with respect to any CLIENT decision beyond these conclusions, advice, recommendation, or counsel.

XXV. ASSIGNMENT PROHIBITED
No party to this Contract may assign any right or obligation pursuant to this Contract without written consent of the other. Any attempted or purported assignment of any right or obligation pursuant to this Contract shall be void and of no effect unless consent is given.

XXVI. ENTIRE CONTRACT
GH and CLIENT agree that this Contract constitutes the entire contract of the parties regarding the subject matter described herein and supersedes all prior communications, contracts, and promises, either written or oral.

XXVII. TIME OF ESSENCE
Time is of the essence in respect to all provisions of this Contract that specify a time for performance: provided, however that the foregoing shall not be construed to limit or deprive a party of the benefits of any grace or use period allowed in this Contract.

3/22/22 _______________ BY: ____________
Date John E. Chaquica, CEO
GEORGE HILLS COMPANY INC.

________________ BY: _____________________________________ Date David Gassaway, Interim City Manager

CITY OF FAIRFIELD
Packet Page 389 of 480Attachment 2 Page 13 of 31

Contract Between the City of Fairfield and George Hills Company for Risk Management and Claims Adjusting and Administration Services, page 14 of 31

ATTACHMENT A

SCOPE OF SERVICES AND CLIENT EXPRESSED AUTHORITY

AND LIMITATIONS UNDER THE CONTRACT
This Attachment A is intended to provide the scope of services and specific service expectations in the Service Contract, that would not otherwise require revision during the contract period, and which may differ from or elaborate upon our Client Service Profile. Services to be provided by GH on behalf of CLIENT may include all or some of the following,
I. SERVICES INCLUDED IN THE CONTRACT

A. General Administrative Services
Throughout each year GH performs numerous functions which support claims administration on behalf of the CLIENT, but do not include any claims handling, and are performed by non-claims personnel. Additionally, in the first year of a new client there are several “on-boarding” services that are general and administrative in nature. Below is a list of such services which are included within the terms of this Contract:
1) Access to CMIS and training.
2) A monthly listing of open claims, showing expense categories, reserves, and total incurred.
3) Monthly claim summary reports.
4) Providing loss run data and required reports.
5) Providing annual reports to outside agencies.
6) Filing of regulatory reports (such as 1099, W -9, etc.). 7) Establish and maintain a trust fund to pay indemnity and expenses that may be due on claims. The amount to be maintained in the trust fund shall be determined by CLIENT. 8) If the trust fund is not set-up with the GH preferred bank—California Bank & Trust, there may be an additional set-up fee (other banks processes can be extraordinarily time consuming).
9) New bank account set up (signature cards, test checks, online access, set up bank in CXP).
10) Discussion and agreement on the Approval process.
11) Process checks weekly.
12) Submit positive pay if applicable/monitor positive pay (review daily emails from bank for exceptions).
13) Maintain a copy of all checks drawn by GH to pay claims and claims related expenses. 14) Submit monthly check registers of all transactions made for the period. 15) Monitor account balance, prepare replenishment requests as needed (customize request for each client’s need).
16) Monthly bank reconciliation (prepared and sent to CLIENT). 17) Special reports that requested to go with billing invoices (by member, claim type, etc.). 18) Payment of invoices that are pass-throughs (i.e., invoices for medical record copies, ExamWorks, etc.).
19) Certificates of insurance as required by the Contract.

B. Investigative Services
Packet Page 390 of 480Attachment 2 Page 14 of 31

Contract Between the City of Fairfield and George Hills Company for Risk Management and Claims Adjusting and Administration Services, page 15 of 31
1) Receipt and examination of all reports of accidents or incidents that are or may be the subject of CLAIMS.
2) Investigate accidents or incidents as warranted, to include on-site investigation, photographs, witness interviews, determination of losses and other such investigative services necessary to determine all CLIENT losses but not to include extraordinary investigative services outside the expertise of GH.
3) In the event CLIENT or other agency conducts any investigation, and upon Client’s request, GH shall review and analyze for liability and/or damage issues and for possible additional follow-up investigation.
4) Maintain service on a 24-hour, 7 days per week basis, to receive reports of any incident or accident which may be the subject of a liability CLAIM and provide immediate investigative services to the extent necessary to provide a complete investigation. 5) Undertake items of investigation requiring special handling for CLIENT at the direction of the CLIENT’s Attorney or authorized representative.

C. Liability and Claim Handling Services
1) Promptly set up a CLAIM file upon receipt of the CLAIM and maintain a CLAIM file on each potential or actual CLAIM reported.
2) Assess and evaluate the nature and extent of each CLAIM and establish CLAIMS reserves for indemnity and legal expense.
3) GH will follow any CLIENT policy regarding tort CLAIM rejection instructions, including rejection and return of an untimely or insufficient CLAIM. 4) Ensure timely tort CLAIM handling, including contact and follow-up with claimants regarding CLAIM issues and processing.
5) Any bodily injury CLAIM that is being pursued shall be indexed. Notice only matters or precautionary bodily injury CLAIMS that are not pursued do not need to be indexed. 6) Determine the need for defense representation, recommend legal counsel, and support litigation activity.
7) Report CLAIMS to the excess insurer in compliance with excess carrier’s reporting requirements and coordinate with the excess insurer on a CLAIM’s progress in accordance with the excess insurer’s reporting requirements. 8) Maintain records on any such CLAIM and notify CLIENT when CLIENT is about to exhaust the Self-Insured Retention.
9) Obtain settlement contracts and releases upon settlement of CLAIMS or potential CLAIMS not in litigation.
10) Perform periodic reviews, as needed, of CLIENT files and CLAIMS as well as statutory requirements to ensure compliance including excess insurance related requirements. 11) Perform the necessary data gathering for the Medicare, Medicaid, and SCHIP Extension Act of 2007 (MMSEA) and the Set Aside Contracts in compliance with Section 111 of the MMSEA including the required reporting. (See Attachment B) 12) To the extent there is privileged information or PHI shared between agencies, which is subject to protection under HIPAA, GH shall implement all necessary measures in compliance with the Act and will execute a Business Associates Agreement (BAA).

D. Litigation Support Services
1) Upon notification by the CLIENT that litigation has been filed on an open CLAIM, GH shall follow the litigation referral process as outlined in the Client Expressed Scope of Work Instructions form.

Packet Page 391 of 480Attachment 2 Page 15 of 31

Contract Between the City of Fairfield and George Hills Company for Risk Management and Claims Adjusting and Administration Services, page 16 of 31
2) Work cooperatively with CLIENT in choosing outside counsel from approved panel, and assist defense counsel in on-going litigation defense efforts. 3) Obtain and maintain a Litigation Plan and Budget.
4) Review legal bills for compliance with Litigation Plan and Budget; Review, evaluate and adjust defense counsel invoices for legal services.
5) Cooperate with and assist defense counsel assigned to litigation of open CLAIMS and provide such investigative services as directed during pre-trial and trial stages. 6) Assist in responding to discovery or preparing discovery. 7) At the request of the CLIENT, attend mandatory settlement conferences on behalf of CLIENT.
8) Appear on behalf of CLIENT in small claims actions filed against CLIENT on open CLAIMS handled by GH.
9) Review and evaluate case evaluations, correspondence and status reports forwarded to GH by counsel. Regularly discuss, review, and direct investigation , discovery, and case strategy with counsel.
10) Cooperate with counsel as a team with an open communication approach on each case to obtain the most economical and best result for the CLIENT.

E. Reports and Procedures
1) Within thirty (30) days of assignment, or sooner if practicable, required, or requested, GH will provide CLIENT with a report pursuant to specified CLAIMS handling instructions, showing name(s) of claimant(s), type of CLAIM, date of loss, comments on liability, reserve recommendations, settlement recommendations, and other pertinent information. Subsequent to the initial thirty (30) day report, GH will report as often as warranted by any important change in status but no longer than every ninety (90) days until the CLAIM closes unless extended diary is appropriate. 2) All original reports, documents, and CLAIM data of every kind or description, that are prepared in whole or in part by or for the GH in connection with this contract shall be CLIENT's property and constitute the GH’s work product for which compensation is paid.

A copy of all reports, documents, and CLAIM data of every kind or description that is in whole or in part by or for the CLIENT is the property of GH. Additional copies of original reports, documents, and data requested by CLIENT will be at CLIENT’s expense in accordance with this contract.
3) GH agrees that CLIENT have access and the right to audit and reproduce any of the GH’s relevant records to ensure that the CLIENT is receiving all services to which the CLIENT is entitled under this Contract or for any purpose relating to the Contract.

F. Data
1) Utilize GH’s claims management information system— currently CXP (ClaimsXpress). 2) Record all CLAIM information including all financial data. 3) Provide CLIENT and broker Read only on-line access to the claims data system (up to five users), if desired by CLIENT.
4) Provide monthly standard loss run and check register. 5) Provide annual claims data report upon request. Written authorization and/or a Business Associate Agreement may be required for confidential information protected by HIPAA. 6) Provide assistance to CLIENT in developing customized reports when requested (may require additional charge).

Packet Page 392 of 480Attachment 2 Page 16 of 31

Contract Between the City of Fairfield and George Hills Company for Risk Management and Claims Adjusting and Administration Services, page 17 of 31
7) Arrange for electronic file conversion for any open and closed CLAIMS at the direction of CLIENT.

G. Claim Review Meetings
GH shall, on a mutually agreed periodic basis, meet with Client to review and discuss the CLIENTS CLAIMS inventory and CLAIMS results of specified periods and delivery of services by CLAIM ADMINISTRATOR.

H. Financial Accounting
1) Establish and maintain a trust fund for the purpose of paying indemnity and expenses that may be due on the CLAIMS. The amount to be maintained in the trust fund shall be determined by the Client.
2) Maintain a copy of all checks drawn by the GH to pay CLAIMS and CLAIMS related expenses.
3) Submit monthly check registers of all transactions made for the period. 4) Complete or update Attachment C “Preferred Method of Check Processing” for check processing options.
5) Approval process shall be documented in GH Client Expressed Authority and Limitations Standards and Instruction Form.
6) GH will provide monthly bank reconciliation reports to CLIENT for audit purposes.

I. Third Party Subrogation Services
GH personnel are well versed in the identification, handling, and pursuit of subrogation claims arising out of CLAIMS which are the subject of this Contract. Included within this contract, GH will perform the following functions:
1) Identify potential opportunities to recover from persons, businesses, and entities other than the CLIENT.
2) Prepare and file a CLAIM with each identified entity. 3) As applicable, tender defense to or seek recovery from any identified entity. 4) With the assistance of counsel, prepare and file any necessary litigation required to effect the CLAIM of recovery on behalf of the CLIENT.
5) Manage litigation related to such CLAIMS made to other person, businesses or entities.

J. First Party Subrogation Services
GH is a claim administration firm experienced in the handling of first party subrogation claims and is ready and capable of performing such services on behalf of CLIENT. GH does not handle subrogation claims with a value of less than $1000. For any claim in excess of $1,000, CLIENT may retain GH for Subrogation Services. Our services are unique to a first party loss of the CLIENT caused by the intentional or negligent act of a third party. Such losses generally are for the recovery of damages, and may include:
1) Labor costs, fully loaded and including benefit costs, for district or other personnel responding to or in any manner providing services;
2) Services or materials provided by outside vendors or contractors; 3) Internal or external vehicle or equipment use and/or rental; 4) Materials and/or goods utilized for the repair/replacement of damaged property; and/or Packet Page 393 of 480Attachment 2 Page 17 of 31

Contract Between the City of Fairfield and George Hills Company for Risk Management and Claims Adjusting and Administration Services, page 18 of 31
5) Additional fees that may be specific to the individual entity that are provided for within district ordinances or other governing documents.

K. Risk Management Services

GH will provide Risk Management services to CLIENT including assessment, analysis and recommendation on loss, or potential loss, incidents and circumstances raised in connection to CLIENT and its operation as a public entity. GH will assign an individual to serve as the Risk Manager for CLIENT during the term of the Contract and such individual will possess the required education, experience, and skill necessary to perform the responsibilities and functions of the assigned position. In the event that a change becomes necessary of any individual assigned to the position of Risk Manager, CLIENT shall be informed and shall have the right to approve any potential replacement. The individual assigned as Risk Manager shall follow all CLIENT policies applicable to its own direct employees.

The Risk Manager assigned hereunder will work with all other vendors, brokers, contractors, and consultants, as necessary to complete the duties of the position, including but not limited to the California Joint Powers Risk Management Authority, “CJPRMA.” The Risk Manager shall attend CJPRMA board meetings, annual meetings and executive meetings. Any all travel costs and expenses related to attendance at CJPRMA meetings shall be reimbursed by the CLIENT.

CLIENT will continue to support and maintain all City equipment necessary for the assigned Risk Manager to communicate with CLIENT, its employees and staff, concerning the matters subject to this Contract.

II. CLIENT EXPRESSED AUTHORITY AND LIMITATIONS

The list immediately below contains numerous services provided in this Contract for which GH requests the CLIENT expressly establish authority and/or limitations, on the ability of GH to act on behalf of the CLIENT. The CLIENT will check the appropriate box establishing the authority of GH to act or the limitation as to that authority.

INVESTIGATION:

George Hills will conduct all investigations
CLIENT will conduct all investigations
CLIENT will direct GH on each CLAIM as to who performs investigations In the event the Client or other agency conducts any investigation, GH shall review for completeness.

Retention of Vendors (appraisers, translators, copy services, Independent Adjuster, IME’s, Surveillance, etc.):

Must be preauthorized by CLIENT
Does not need preauthorization

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Contract Between the City of Fairfield and George Hills Company for Risk Management and Claims Adjusting and Administration Services, page 19 of 31
REJECTION OF CLAIMS:

CLIENT’S position regarding rejections (e.g., if entity so dictates, a CLAIM will be rejected for insufficiency). Check all that apply.

Protocols for Rejections
GH needs authorization
GH does not need authorization
GH sends the Rejection
CLIENT sends the Rejection
GH sends out Denial Letter simultaneously with Rejection outlining the reason

LITIGATION:

Check all that apply.

GH will handle litigated CLAIMS
Full
As assigned
Check Issuance and Data Input
Data Input only
CLIENT will handle litigated CLAIMS inhouse, with GH to capture data into SIMS CLIENT will send data to GH weekly
CLIENT will send data to GH monthly
Mandatory Settlement Conferences
GH always attends
At CLIENT request only
Small Claims Actions filed against CLIENT
GH always appears
At CLIENT request only
Legal Counsel
GH must have CLIENT authorization to refer to outside Legal Counsel GH does not need CLIENT authorization to refer to outside Legal Counsel GH must use CLIENT approved Legal Panel for Attorney selection CLIENT does not have an approved Legal Panel for Attorney selection All Litigation to be handled by CLIENT inhouse Legal
GH always sends Litigation Assignment packets to Legal Counsel Packet Page 395 of 480Attachment 2 Page 19 of 31

Contract Between the City of Fairfield and George Hills Company for Risk Management and Claims Adjusting and Administration Services, page 20 of 31
CLIENT specific Litigation Guidelines: Yes No CLIENT specific Litigation Referral Form/Letter: Yes No CLIENT specific Litigation Budget Form: Yes No Pay fees for Experts, photocopies, medical records as: Expense Legal

EXCESS REPORTING:

GH will report CLAIMS to the excess insurer in compliance with excess carrier’s reporting requirements and coordinate with the excess insurer on a CLAIM’S progress in accordance with the excess insurer’s reporting requirements.

CLIENT will report CLAIMS to the excess insurer in compliance with excess carrier’s reporting requirements and coordinate with the excess insurer on a CLAIM’S progress in accordance with the excess insurer’s reporting requirements.

AUTHORITY LEVELS:

Reserve within SIR:
$0.00 Other: $ (specify amount) Adjuster must seek approval from (client contact) to post indemnity reserves above authority level.

Medical Treatment:

Medical Authorizations should only be sent to the claimant once liability is determined to be adverse to the CLIENT.

Medical Authorizations should go out as soon as it is determined that a Bodily Injury CLAIM is being pursued.

CLAIMS EXCEEDING SIR:

GH stops tracking activity once the SIR has been reached.

GH will continue to track all activity at and/or above the SIR. The Excess JPA/Carrier will provide GH with activity documentation above the SIR.

GH will reserve to Full Value and track recoveries.

THIRD PARTY SUBROGATION SERVICES:

GH is authorized to initiate third party subrogation claims on behalf of CLIENT GH must obtain authorization to initiate third party subrogation claims on behalf of CLIENT.

FIRST PARTY SUBROGATION SERVICES:

CLIENT elects to incorporate the first party subrogation services of GH into the contract Packet Page 396 of 480Attachment 2 Page 20 of 31

Contract Between the City of Fairfield and George Hills Company for Risk Management and Claims Adjusting and Administration Services, page 21 of 31
CLIENT authorizes GH to initiate first party subrogation claims on behalf of CLIENT

CLIENT agrees to the additional compensation payable to GH for its first party subrogation services as follows:

GH shall be entitled to _______% of the gross recovery for each CLAIM initiated by GH through its first party subrogation efforts.

CLIENT agrees to the terms and conditions stated in Attachment A-1, Subrogation Agreement.

3/22/22 _______________ BY: ___________________
Date John E. Chaquica, CEO
GEORGE HILLS COMPANY INC.

________________ BY: _____________________________________ Date David Gassaway, Interim City Manager

CITY OF FAIRFIELD

ATTACHMENT A-1

SUBROGATION AGREEMENT
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Contract Between the City of Fairfield and George Hills Company for Risk Management and Claims Adjusting and Administration Services, page 22 of 31
This Subrogation Agreement is made and entered into this 1st day of April, 2022 by and between the CITY OF FAIRFIELD, hereinafter referred to as “CLIENT”, and GEORGE HILLS COMPANY, INC., hereinafter referred to as “GH”.

I. GH does not handle subrogation claims with a value of less than $1000. For those claims in excess of $1000, CLIENT may, at CLIENT’s own expense:
a. Authorize GH to act as a representative of CLIENT for the investigation, adjustment, processing, supervision and evaluation of an ultimate recovery of potential money from damage claims against parties for whom it is alleged to be legally responsible.
b. Authorize GH to engage the services of a litigation attorney to consult, review, and determine the best legal strategy available at the time to obtain the best possible result for CLIENT. Upon determination by the attorney that a civil action is in the best interest of CLIENT, GH will notify CLIENT and obtain authorization to pursue recovery in accordance with the recommendations of the litigation attorney.
c. While GH is handling a subrogation claim for CLIENT pursuant to the terms of this Contract, the institution of a civil action is determined by CLIENT to be the best course of action, CLIENT may elect to do so at CLIENT’s own expense. i. Recall the CLAIM to CLIENT’s control so that CLIENT may pursue recovery in a manner to be determined by the CLIENT’s attorney to be in the best interest of the CLIENT.
ii. In the event CLIENT recalls the CLAIM as indicated above, CLIENT shall be responsible for payment to GH for any and all time and expense incurred by GH’s subrogation claim adjuster and/or other subrogation division staff up to the time wherein the CLAIM has been recalled by CLIENT.

II. CLIENT will pay a Subrogation Fee in the amount of 30% for each and every recovery obtained. The minimum amount to be paid to GH will be $250 per CLAIM upon recovery.

However, GH has the authority to reject any CLAIM for any reason, relieving CLIENT of any fiscal responsibility for rejected CLAIMS only.
a. Generally, no recovery shall be agreed to involving payment plans if the recovery is less than $5,000 and/or greater than a one-year term. Exceptions can be made on a case-by-case basis. If a recovery is agreed to exceed this amount and/or length of time, Subrogation fee shall be 45%. In the event a payment plan is authorized and entered into, the subrogation fee will be based upon the total amount of the lien and will be invoiced to the CLIENT upon the entry of the payment agreement. GH will make every attempt to enforce the provisions of the payment agreement with the claimant, but in no way guarantees the fulfillment of the terms of the payment agreement. In the event the terms of the payment agreement are not fulfilled and warrant pursuit through the small claims process, authority to pursue through small claims will be requested. b. Authorize GH to appear in small claims court for recovery of funds. Authority for the pursuit of recovery through small claims will be requested prior to the filing of Packet Page 398 of 480Attachment 2 Page 22 of 31

Contract Between the City of Fairfield and George Hills Company for Risk Management and Claims Adjusting and Administration Services, page 23 of 31
documents with the court to initiate the small claims action. Each appearance will be an additional fee of $150. All costs for the handling of small claims court actions, i.e. service of process of documents on the responsible parties, mileage, parking, and toll shall be an additional cost and will be the responsibility of the CLIENT. Additional allocated costs shall be billed separately upon the cost being incurred, such as, but not limited to: skip tracing, service of process, and third - party sub contracted investigation.
c. GH reserves the right to cease working on any CLAIM whereas information has not been made available to GH within 120 days after GH has submitted the information and/or documentation request to CLIENT, at such time the CLAIM will be closed.
d. Due to the nature of these services, in that compensation is contingent upon recovery, if the contract is terminated prior to recovery or other closure of any claim, the CLIENT shall pay GH for all expenses and time spent, to date, on any claim(s) currently open and recovery in process. Payment shall be based on the current hourly rate of GH. GH will submit the final invoice within five business days of termination.

III. General Terms and Conditions
a. Successors and Assigns.

All of the rights, benefits, duties, liabilities, and obligations of the parties shall inure to the benefit of, and be binding upon, their respective successors and assigns.
b. Construction.

The title and headings of the Sections in this Agreement are intended solely for reference and do not modify, explain, or construe any provision of this Agreement. All references to sections, recitals, and the preamble shall, unless otherwise stated, refer to the Sections, Recitals, and Preamble of this Agreement. In construing this Agreement, the singular form shall include the plural and vice versa. This Agreement shall not be construed as if it had been prepared by one of the parties, but rather as if both parties have prepared the Agreement.
c. Integration.

This Agreement, and all related documents referred to in this Agreement, constitute the entire Agreement between the parties. There are no oral agreements which are not expressly set forth in this Agreement and the related documents being executed in connection with this Agreement. This Agreement may not be modified, amended, or otherwise changed except by a writing executed by the party to be charged.
d. Third-Party Rights.

Nothing in this Agreement, express or implied, is intended to confer upon any person, other than the parties and their respective successors and assigns, any rights or remedies.
e. Severability.

If any term or provision of this Agreement is held invalid or unenforceable, the remainder of this Agreement shall not be affected.

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Contract Between the City of Fairfield and George Hills Company for Risk Management and Claims Adjusting and Administration Services, page 24 of 31
f. Waivers.

No waiver or breach of any provision shall be deemed a waiver of any other provision, and no waiver shall be valid unless it is in writing and executed by the waiving party. No extension of time for performance of any obligation or act shall be deemed an extension of time for any other obligation or act. g. Counterparts.

This Agreement may be executed in one or more counterparts, each of which shall be deemed an original and all of which taken together shall constitute one and the same instrument. The execution of this Agreement shall be deemed to have occurred, and this Agreement shall be enforceable and effective, only upon the complete execution of this Agreement by Seller and Purchaser. h. Authority of Parties.

All persons executing this Agreement on behalf of a party warrant that they have the authority to execute this Agreement on behalf of that party. i. Governing Law.

This Agreement shall be governed by and construed in accordance with California law.

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Contract Between the City of Fairfield and George Hills Company for Risk Management and Claims Adjusting and Administration Services, page 25 of 31

ATTACHMENT B
MEDICARE, MEDICAID, AND SCHIP EXTENSION ACT OF 2007 (MMSEA) This law requires liability insurers, self-insurers, no fault insurers and workers’ compensation insurers to report certain information to The Centers for Medicare and Medicaid Services (CMS) concerning Medicare beneficiaries. The penalty for failure to comply is $1,000 per day, per claimant.

George Hills Company, Inc. (GH) has contracted with ExamWorks for Mandatory Insurer Reporting (MIR) for the CLIENT. ExamWorks shall represent the CLIENT and Responsible Reporting Entity (RRE) to this existing contract and this addendum and will be the designated reporting agent. GH will be responsible for gathering and reporting accurate claims data required by MMSEA to ExamWorks in a timely manner. GH agrees to assume the responsibility for reporting data to ExamWorks to meet all reporting requirements in accordance with MMSEA, on behalf of the RRE; including assuming responsibility for any fines or penalties that are directly caused by GH’s non-compliance. GH further agrees to indemnify and hold-harmless, RRE, and staff, for any penalties or fines resulting from GH’s direct failure to timely and accurately provide the reporting data to ExamWorks. The above-mentioned obligations to indemnify and hold-harmless shall not be applicable to matters relating to delays caused by RRE or other third parties, or inaccurate data supplied to GH by RRE or other third parties.

By contract with GH, ExamWorks will indemnify and hold GH harmless from and against any claim, damage, fine, loss and expense, arising in connection with, or as a result of, any err or, omission, or negligent performance of its obligations as reporting agent, which indemnity will include all reasonable costs of litigation and attorneys’ fees incurred. Without in any way limiting the indemnity set forth in this Contract, all work performed by ExamWorks will be done in a professional manner.

GH shall perform the necessary data gathering for RRE and ExamWorks; as such GH shall include in our monthly invoicing the time incurred for such work at our contract hourly rate or will be included in your monthly flat fee or claims adjusting.

ExamWorks will perform the MMSEA Mandatory Insurer Reporting function for GH, and its RREs, shall be charged as an Allocated Expense, as defined in Attachment C, subject to the following. RRE will designate ExamWorks, unless otherwise requested, as its exclusive vendor for all of RRE’s “Qualified Referrals” (those claims determined to require Medicare Set Aside (MSA) or a Claim Settlement Allocation (CSA)) and RRE will utilize other ExamWorks services related to Medicare Secondary Payer (MSP) compliance identified in their fee schedule.

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Contract Between the City of Fairfield and George Hills Company for Risk Management and Claims Adjusting and Administration Services, page 26 of 31

ATTACHMENT C

PREFERRED METHOD OF CHECK PROCESSING

1. Selection of Bank
a) GH uses CA Bank & Trust
b) CLIENT’S Choice
Name
Address
Please provide signature cards, sample check, starting check number, name of contact person

2. Trust Balance Desired $______________

3. Account funding: GH will notify CLIENT when the balance falls below required balance 4A. Number of Signatures Required
a) One
b) Two on all checks
c) Two on checks in excess of $__________
4B. If two signatures are required please specify:
a) Both GH
b) One GH, one CLIENT
GH signers: John Chaquica, CEO; Chris Shaffer, Vice President; Kimberly Santin, Finance Director

5. Accountability
a) Positive Pay: Yes No
GH recommends positive pay to mitigate the potential for fraud. b) Check Registers: Yes No
Weekly Monthly
c) Statement to be balanced by CLIENT, or
Statement to be balanced by GH with copies to CLIENT
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Contract Between the City of Fairfield and George Hills Company for Risk Management and Claims Adjusting and Administration Services, page 27 of 31

ATTACHMENT D

ALLOCATED EXPENSES
Typically, allocated expenses are those expenses that are generated by a claim (by outside vendors other than George Hills) that cannot be foreseen nor included in an agreement. These are generally allocated back to the specific claim file for which the cost was incurred and then charged back to the entity whose claim incurred that cost. In most situations are pass-through costs (with processing fees) for services and/or fees not directly generated by the TPA, but rather by a third-party consultant where the TPA has acted as an agent on behalf of the entity to necessarily outscore services to a third-party consultant and/or miscellaneous fees applicable to the specific claim applied by an outside entity, such as a court or copy service. Below, George Hills has provided a list, by no means an exhaustive list, of typical allocated expenses.  Fees of outside counsel for claims in suit, coverage opinions, and litigation, and for representation and hearings or pretrial conferences;
 Fees of court reporters;
 All court costs, court fees, and court expenses;
 Fees for service of process;
 CMS reporting costs and fees (ExamWorks);
 Costs of undercover operatives and detectives;
 Costs for employing experts for the preparation of maps, professional photographs, accounting, chemical or physical analysis, or diagrams;
 Costs for employing experts for the advice, opinions, or testimony concerning claims under investigation or in litigation for which a declaratory judgment is sought;  Costs for independent medical examination or evaluation for rehabilitation;  Costs of legal transcripts of testimony taken at coroner’s inquests, or criminal or civil proceeding;  Costs for copies of any public records or medical records;  Costs of depositions and court reporting;
 Costs and expenses of subrogation, (if not George Hills);  Costs of engineers, handwriting experts, or any other type of expert used in the preparation of litigation or used in a one-time basis to resolve disputes;
 Witness fees and travel expenses;
 Costs of photographers and photocopy services (if not George Hills—our costs for this is included in our rate);
 Costs of appraisal fees and expenses not included in flat fee or performed by others;  Costs of indexing claimants;
 Services performed outside the TPA’s normal geographical regions;  Costs associated with Medicare Set-Aside analysis and submission or Medicare Conditional Lien negotiation;
 Investigation of possible fraud including SIU services and related expenses; and/or  Any other similar cost, fee, or expense that is not otherwise included in the TPA’s service fees that is reasonably chargeable to the investigation, negotiation, settlement, or defense of a claim or loss or to the protection or perfection of the subrogation rights of the entity, including travel related expenses.

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Contract Between the City of Fairfield and George Hills Company for Risk Management and Claims Adjusting and Administration Services, page 28 of 31

ATTACHMENT E

BUSINESS ASSOCIATE AGREEMENT

BETWEEN CITY OF FAIRFIELD
AND GEORGE HILLS COMPANY, INC.

This Business Associate Agreement (“BAA”) is made and entered into this 1st day of April, 2022 by and between the CITY OF FAIRFIELD, hereinafter referred to as “CLIENT,” and GEORGE HILLS COMPANY, INC., hereinafter referred to as “GH.”
I. RECITALS
WHEREAS, on or about April 1, 2022, GH entered into a written contract with CLIENT to perform obligations and services related to the handling and administration of general liability claims filed against or with CLIENT.

WHEREAS, the obligations of the Contract require that CLIENT provide to GH dates, documents, and information which may contain protected health information (“PHI”) and/or electronic PHI (“ePHI”) within the definition of the Health Information Portability and Accountability Act (“HIPAA”) related to the general liability claims, for the purpose of administering those claims.

NOW, THEREFORE, in consideration of the mutual promises of the parties and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the PARTIES hereto agree as follows:

II. DEFINITIONS
Catch-all definition:

The following terms used in this BAA shall have the same meaning as those terms in the HIPAA Rules: Breach, Data Aggregation, Designated Record Set, Disclosure, Health Care Operations, Individual, Minimum Necessary, Notice of Privacy Practices, Protected Health Information, Required By Law, Secretary, Security Incident, Subcontractor, Unsecured Protected Health Information, and Use.

Specific definitions:
(a) Business Associate. “Business Associate” shall generally have the same meaning as the term “business associate” at 45 CFR 160.103, and in reference to the party to this agreement, shall mean GEORGE HILLS COMPANY.
(b) Covered Entity. “Covered Entity” shall generally have the same meaning as the term “covered entity” at 45 CFR 160.103, and in reference to the party to this agreement, shall mean CITY OF FAIRFIELD.
(c) HIPAA Rules. “HIPAA Rules” shall mean the Privacy, Security, Breach Notification, and Enforcement Rules at 45 CFR Part 160 and Part 164.

III. OBLIGATIONS AND ACTIVITIES OF BUSINESS ASSOCIATE
Pursuant to this agreement GH agrees to:

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(a) Not use or disclose protected health information other than as permitted or required by the Agreement or as required by law;
(b) Use appropriate safeguards, and comply with Subpart C of 45 CFR Part 164 with respect to electronic protected health information, to prevent use or disclosure of protected health information other than as provided for by the Contract; (c) Report to Covered Entity any use or disclosure of protected health information not provided for by the Contract of which it becomes aware, including breaches of unsecured protected health information as required at 45 CFR 164.410, and any security incident of which it becomes aware;
(d) In accordance with 45 CFR 164.502(e)(1)(ii) and 164.308(b)(2), if applicable, ensure that any subcontractors that create, receive, maintain, or transmit protected health information on behalf of the Business Associate agree to the same restrictions, conditions, and requirements that apply to the Business Associate with respect to such information; (e) Make available protected health information in a designated record set to the GH as necessary to satisfy covered entity’s obligations under 45 CFR 164.524; (f) Make any amendment(s) to protected health information in a designated record set as directed or agreed to by the covered entity pursuant to 45 CFR 164.526, or take other measures as necessary to satisfy Covered Entity’s obligations under 45 CFR 164.526; (g) Maintain and make available the information required to provide an accounting of disclosures to the GH as necessary to satisfy Covered Entity’s obligations under 45 CFR 164.528;
(h) To the extent the Business Associate is to carry out one or more of Covered Entity's obligation(s) under Subpart E of 45 CFR Part 164, comply with the requirements of Subpart E that apply to the Covered Entity in the performance of such obligation(s); and (i) Make its internal practices, books, and records available to the Secretary for purposes of determining compliance with the HIPAA Rules.

IV. PERMITTED USES AND DISCLOSURES BY BUSINESS ASSOCIATE (a) Business Associate may only use or disclose protected health information for the purposes described in the Contract between GH and CLIENT, specifically for the purpose of adjusting and administering the general liability claims filed against CLIENT. (b) Business Associate may use or disclose protected health information as required by law. (c) Business Associate agrees to make uses and disclosures and requests for protected health information consistent with Covered Entity’s minimum necessary policies and procedures.
(d) Business Associate may not use or disclose protected health information in a manner that would violate Subpart E of 45 CFR Part 164 if done by Covered Entity [if the Contract permits the Business Associate to use or disclose protected health information for its own Packet Page 405 of 480Attachment 2 Page 29 of 31

Contract Between the City of Fairfield and George Hills Company for Risk Management and Claims Adjusting and Administration Services, page 30 of 31
management and administration and legal responsibilities or for data aggregation services as set forth in optional provisions (e), (f), or (g) below, then add “except for the specific uses and disclosures set forth below.”]
(e) Business Associate may use protected health information for the proper management and administration of the Business Associate or to carry out the legal responsibilities of the Business Associate.
(f) Business Associate may disclose protected health information for the proper management and administration of Business Associate or to carry out the legal and contractual responsibilities of the Business Associate, provided the disclosures are required by law, or Business Associate obtains reasonable assurances from the person to whom the information is disclosed that the information will remain confidential and used or further disclosed only as required by law or for the purposes for which it was disclosed to the person, and the person notifies Business Associate of any instances of which it is aware in which the confidentiality of the information has been breached.
(g) Business Associate may provide data containing PHI and or ePHI to third party entities for storage, security, and/or aggregation services relating to the claims administration services provided by GH.

V. PROVISIONS FOR COVERED ENTITY TO INFORM BUSINESS ASSOCIATE OF

PRIVACY PRACTICES AND RESTRICTIONS
(a) Covered Entity shall notify Business Associate of any limitation(s) in the notice of privacy practices of covered entity under 45 CFR 164.520, to the extent that such limitation may affect Business Associate’s use or disclosure of protected health information. (b) Covered Entity shall notify Business Associate of any changes in, or revocation of, the permission by an individual to use or disclose his or her protected health information, to the extent that such changes may affect Business Associate’s use or disclosure of protected health information.
(c) Covered Entity shall notify Business Associate of any restriction on the use or disclosure of protected health information that covered entity has agreed to or is required to abide by under 45 CFR 164.522, to the extent that such restriction may affect Business Associate’s use or disclosure of protected health information.

VI. PERMISSIBLE REQUESTS BY COVERED ENTITY
Covered Entity shall not request Business Associate to use or disclose protected health information in any manner that would not be permissible under Subpart E of 45 CFR Part 164 if done by Covered Entity.

VII. TERM AND TERMINATION
(a) Term. The Term of this Agreement shall be effective as of April 1, 2022 and shall terminate on June 30, 2027 or on the date Covered Entity terminates for cause as authorized in paragraph (b) of this Section, whichever is sooner.

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(b) Termination for Cause. Business Associate authorizes termination of this Agreement by Covered Entity, if covered entity determines Business Associate has violated a material term of the Agreement and Business Associate has not cured the breach or ended the violation within the time specified by Covered Entity.
(c) Obligations of Business Associate Upon Termination.

Upon termination of this Agreement for any reason, Business Associate, with respect to protected health information received from Covered Entity, or created, maintained, or received by Business Associate on behalf of Covered Entity, shall:

Retain only that protected health information which is necessary for Business Associate to continue its proper management and administration or to carry out its legal and contractual responsibilities;
Return to Covered Entity, or destroy, the protected health information that the Business Associate maintains in any form;
Continue to use appropriate safeguards and comply with Subpart C of 45 CFR Part 164 with respect to electronic protected health information to prevent use or disclosure of the protected health information, other than as provided for in this Section, for as long as Business Associate retains the protected health information; Not use or disclose the protected health information retained by Business Associate other than for the purposes for which such protected health information was retained and subject to the same conditions set out above under “Permitted Uses and Disclosures By Business Associate” which applied prior to termination; and Return to Covered Entity, or destroy, the protected health information retained by Business Associate when it is no longer needed by Business Associate for its proper management and administration or to carry out its legal and contractual responsibilities. (d) Survival. The obligations of Business Associate under this Section shall survive the termination of this Agreement.

3/22/22 _______________ BY: __________________
Date John E. Chaquica, CEO
GEORGE HILLS COMPANY INC.

________________ BY: _____________________________________ Date David Gassaway, Interim City Manager

CITY OF FAIRFIELD

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Agenda Item No: 19.

AGENDA REPORT
DATE:April 5, 2022
TO:Mayor and City Council
FROM:David Gassaway, Interim City Manager
SUBJECT:Resolution 202269 of the City Council of the City of Fairfield Authorizing the City Manager to Submit a Grant Request to the Office of Local Defense Community Cooperation (OLDCC) to Fund an Analysis of the Region’s Critical Infrastructure Resilience
RECOMMENDED ACTION
Adopt resolution.

STATEMENT OF ISSUE
Adoption of the proposed resolution will allow the City of Fairfield to apply for a Department of Defense grant for an amount of up to $1,500,000. The grant will fund a resiliency study examining the region’s critical infrastructure supporting Travis Air Force Base. Infrastructure would include but is not limited to, electrical distribution systems, water systems, bulk fuel, communications, and transportation systems.

This study will examine the susceptibility of our critical infrastructure to potential climate and manmade threats. The study will complement and support a study the Air Force is completing regarding the resilience of the Travis onbase critical infrastructure. Should the grant be awarded, this resolution also delegates authority to the city manager, subject to the city attorney’s review, to accept funds and execute the necessary agreements to complete the analysis.

DISCUSSION
Travis Air Force Base (AFB) serves as the largest air mobility organization in terms of personnel in the Air Force and is responsible for strategic airlift and air refueling missions, with the ability to support missions anywhere in the world. In addition to serving as a critical resource for the United States armed forces, Travis AFB is an essential part of the Fairfield and regional economy. Over 34,000 people live or work on Travis AFB, creating more than $2.1 billion in annual economic impact to the local community. Travis AFB also has the largest medical center in the Air Force, David Grant USAF Medical Center, which serves nearly 500,000 Department of Defense beneficiaries annually.

The City recognizes the importance of Travis AFB as both a national defense resource and a local economic driver. As a critical community partner, staff requests approval to apply for the Military Installation Resilience Review (MIRR) Grant Program. The MIRR Grant Program will provide funding to conduct a resiliency assessment study of the region's critical infrastructure that supports our community and Travis AFB.

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Goal of MIRR Program and Resiliency Study
The federal MIRR Program provides technical and financial assistance to communities that support military installations to analyze and implement actions necessary to foster, protect, and enhance sustainability and resilience. If awarded, the City intends to complete a resiliency assessment study to identify current conditions of critical infrastructure supporting our city operations and Travis AFB, and the impacts of infrastructure conditions and potential failures. We have already experienced the effects of inadequate infrastructure resilience during the fire season, droughts, and PG&E Public Safety outages.

The study would look at the regional infrastructure supporting Travis AFB, including infrastructure supported by Fairfield, Solano County, and the surrounding cities. Recent events, including wildfires, drought, increased traffic, and the everincreasing demands on California's electric grid, have highlighted the need for more forwardlooking and bettercoordinated planning and action on the part of both local governments and Travis AFB leadership. The infrastructure that will be studied includes, in priority order, electrical grid reliability and resilience, transportation and logistical capacity and capability, water and wastewater utility issues, communication and information management capabilities and security, and natural resource management.

The resiliency study will result in the Travis Regional Resilience (TRR) Report, which will include prioritized recommendations for projects to address and mitigate the impacts of potential infrastructure failures. A completed TRR Report could potentially increase the City's competitiveness in future federal funding opportunities to address the identified infrastructure needs. The OLDCC grant program envisions infrastructure shortfalls identified by the analysis being addressed by future grant applications to help fund the design and construction necessary to improve the infrastructure resilience necessary to support critical Travis AFB missions. The analysis and report will also be useful in supporting future City and Regional grant requests from other federal and state agencies and for competing for infrastructure funding flowing from the Federal Infrastructure Program recently approved by Congress.

Regional Partnerships
The City of Fairfield will serve as the grant applicant but will act as a "first among equals" in engaging all local governments, state agencies, key business, economic development, natural resources, community organizations, and Travis AFB in the study process. The Travis Community Consortium (TCC), an organization consisting of all the local governments and key economic development organizations of the region, will contribute to the process by conducting outreach and education, supporting meeting logistics for the Policy and Technical Advisory Committees and public workshops, and acting as a conduit to ensure the valuable insights of community and business leaders, retired military and veterans, and military advocates are treated as valuable inputs into the information collected.

The City intends to retain expert and experienced help in administering the grant, executing the study, and providing quality assurance of deliverables through a competitive RFP process. The study will further enhance local communication and collaboration by identifying areas of mutually shared interest between the military, the community, and relevant organizations that serve both entities. In addition, this study will be the first opportunity for Travis AFB and the community to comply with the requirements of the 2022 National Defense Authorization Act for joint planning activities, which will help eliminate artificial barriers that result in infrastructure management and development practices that may produce unintended consequences for either Travis AFB or the community.

TRR Report Timeline
If awarded, the City anticipates beginning the study in June 2022, with completion by November 31, 2023.

FINANCIAL IMPACT
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Agenda Item No: 19.AGENDA REPORTDATE:April 5, 2022 TO:Mayor and City CouncilFROM:David Gassaway, Interim City ManagerSUBJECT:Resolution 202269 of the City Council of the City of Fairfield Authorizing the CityManager to Submit a Grant Request to the Office of Local Defense CommunityCooperation (OLDCC) to Fund an Analysis of the Region’s Critical InfrastructureResilienceRECOMMENDED ACTIONAdopt resolution.STATEMENT OF ISSUEAdoption of the proposed resolution will allow the City of Fairfield to apply for a Department of Defensegrant for an amount of up to $1,500,000. The grant will fund a resiliency study examining the region’scritical infrastructure supporting Travis Air Force Base. Infrastructure would include but is not limited to,electrical distribution systems, water systems, bulk fuel, communications, and transportation systems.This study will examine the susceptibility of our critical infrastructure to potential climate and manmadethreats. The study will complement and support a study the Air Force is completing regarding theresilience of the Travis onbase critical infrastructure. Should the grant be awarded, this resolution alsodelegates authority to the city manager, subject to the city attorney’s review, to accept funds andexecute the necessary agreements to complete the analysis. DISCUSSIONTravis Air Force Base (AFB) serves as the largest air mobility organization in terms of personnel in theAir Force and is responsible for strategic airlift and air refueling missions, with the ability to supportmissions anywhere in the world. In addition to serving as a critical resource for the United States armedforces, Travis AFB is an essential part of the Fairfield and regional economy. Over 34,000 people liveor work on Travis AFB, creating more than $2.1 billion in annual economic impact to the localcommunity. Travis AFB also has the largest medical center in the Air Force, David Grant USAF MedicalCenter, which serves nearly 500,000 Department of Defense beneficiaries annually. The City recognizes the importance of Travis AFB as both a national defense resource and a localeconomic driver. As a critical community partner, staff requests approval to apply for the MilitaryInstallation Resilience Review (MIRR) Grant Program. The MIRR Grant Program will provide funding toconduct a resiliency assessment study of the region's critical infrastructure that supports our communityand Travis AFB.Goal of MIRR Program and Resiliency StudyThe federal MIRR Program provides technical and financial assistance to communities that supportmilitary installations to analyze and implement actions necessary to foster, protect, and enhancesustainability and resilience. If awarded, the City intends to complete a resiliency assessment study toidentify current conditions of critical infrastructure supporting our city operations and Travis AFB, andthe impacts of infrastructure conditions and potential failures. We have already experienced the effectsof inadequate infrastructure resilience during the fire season, droughts, and PG&E Public Safetyoutages.The study would look at the regional infrastructure supporting Travis AFB, including infrastructuresupported by Fairfield, Solano County, and the surrounding cities. Recent events, including wildfires,drought, increased traffic, and the everincreasing demands on California's electric grid, havehighlighted the need for more forwardlooking and bettercoordinated planning and action on the part ofboth local governments and Travis AFB leadership. The infrastructure that will be studied includes, inpriority order, electrical grid reliability and resilience, transportation and logistical capacity andcapability, water and wastewater utility issues, communication and information managementcapabilities and security, and natural resource management.The resiliency study will result in the Travis Regional Resilience (TRR) Report, which will includeprioritized recommendations for projects to address and mitigate the impacts of potential infrastructurefailures. A completed TRR Report could potentially increase the City's competitiveness in future federalfunding opportunities to address the identified infrastructure needs. The OLDCC grant programenvisions infrastructure shortfalls identified by the analysis being addressed by future grant applicationsto help fund the design and construction necessary to improve the infrastructure resilience necessary tosupport critical Travis AFB missions. The analysis and report will also be useful in supporting future Cityand Regional grant requests from other federal and state agencies and for competing for infrastructurefunding flowing from the Federal Infrastructure Program recently approved by Congress.Regional PartnershipsThe City of Fairfield will serve as the grant applicant but will act as a "first among equals" in engaging alllocal governments, state agencies, key business, economic development, natural resources,community organizations, and Travis AFB in the study process. The Travis Community Consortium(TCC), an organization consisting of all the local governments and key economic developmentorganizations of the region, will contribute to the process by conducting outreach and education,supporting meeting logistics for the Policy and Technical Advisory Committees and public workshops,and acting as a conduit to ensure the valuable insights of community and business leaders, retiredmilitary and veterans, and military advocates are treated as valuable inputs into the informationcollected. The City intends to retain expert and experienced help in administering the grant, executing the study,and providing quality assurance of deliverables through a competitive RFP process. The study willfurther enhance local communication and collaboration by identifying areas of mutually shared interestbetween the military, the community, and relevant organizations that serve both entities. In addition, thisstudy will be the first opportunity for Travis AFB and the community to comply with the requirements ofthe 2022 National Defense Authorization Act for joint planning activities, which will help eliminateartificial barriers that result in infrastructure management and development practices that may produceunintended consequences for either Travis AFB or the community.TRR Report TimelineIf awarded, the City anticipates beginning the study in June 2022, with completion by November 31,2023.

FINANCIAL IMPACT
The City is in ongoing conversations with OLDCC, the County of Solano, and the TCC to determine the final requested grant amount based on the scope of work proposed for the study. The final grant request will be no more than $1,500,000.

The program requires a 10% community match, $150,000, which can be contributed through cash or in kind services. The City anticipates contributing to the required match through inkind services including staff time and supplies. The remaining community match requirement will be provided by TCC and its member agencies, including the County of Solano, through inkind and cash payments.

PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
N/A
ALTERNATIVE ACTION
N/A
STAFF CONTACT
Anna Guiles, Assistant to the City Manager
(707) 4287399
[email protected]
COORDINATED WITH
N/A
ATTACHMENTS:

Description
Proposed Resolution
REVIEWERS:

Reviewer Action Date
Alexander, Amber Approved 3/25/2022 4:10 PM
Alexander, Amber Approved 3/25/2022 4:13 PM
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CITY OF FAIRFIELD

RESOLUTION NO. 2022-69

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAIRFIELD AUTHORIZING THE CITY

MANAGER TO SUBMIT A GRANT REQUEST TO THE OFFICE OF LOCAL DEFENSE COMMUNITY COOPERATION (OLDCC) TO FUND AN ANALYSIS OF THE REGION’S CRITICAL INFRASTRUCTURE

RESILIENCE

WHEREAS, the City of Fairfield and the surrounding region’s critical infrastructure have recently been negatively impacted by both natural and manmade events; and

WHEREAS, the region’s electrical generation, electrical distribution, communications, water supply, and distribution systems are all vulnerable to future disruptions; and

WHEREAS, it is important to analyze the specific risks and failure points of these systems in order to develop appropriate capital improvement and mitigation strategies; and

WHEREAS, Travis Air Force Base (AFB) and its tenant units are also subject to the negative impacts associated with the failure of regional critical infrastructure resilience; and

WHEREAS, the City of Fairfield will contribute in-kind services, office supplies, and communications support within current budget authorizations to help provide the 10% local match; and

WHEREAS, the Travis Community Consortium and its member agencies will help provide the remaining 10% local match through in-kind services and cash donations in the amount; and

WHEREAS, Travis AFB is completing a complementary analysis of the critical infrastructure resilience needs inside the base; and

WHEREAS, completion of the analysis and subsequent Travis Regional Resilience Report will provide the basis for subsequent grants to partially fund the design and construction of critical infrastructure repairs and improvements; and

WHEREAS, improvements in the reliability and resilience of the region’s critical infrastructure will also enhance Public Safety, other Public Services, economic stability, and the mission capability of Travis AFB.

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RES. NO. 2022-69

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NOW, THEREFORE, THE COUNCIL OF THE CITY OF FAIRFIELD HEREBY RESOLVES:

Section 1. The city manager is authorized to submit a grant request to the Office of Local Defense Community Cooperation for up to $1,500,000 to fund an analysis of our region’s critical infrastructure resilience.

Section 2. The city manager is also authorized to sign any documents required to accept the grant and to enter into any agreements necessary to implement the grant and complete the analysis and subsequent report.

Section 3. The city manager is authorized to approve in-kind match contribution(s) of 10% of the total OLDCC grant.

PASSED AND ADOPTED this 5th day of April 2022, by the following vote:

AYES: COUNCILMEMBERS: PRICE / BERTANI / MOY / PANDURO / TIMM / TONNESEN / VACCARO

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

MAYOR

ATTEST:

____________________________

CITY CLERK

Packet Page 412 of 480Attachment 1 Page 2 of 2

Agenda Item No: 20.

AGENDA REPORT
DATE:April 5, 2022
TO:Mayor and City Council
FROM:David Gassaway, Interim City Manager
SUBJECT:Resolution 202270 of the City Council of the City of Fairfield Reconsidering and Authorizing Public Meetings to be Held Via Teleconferencing Pursuant to Government Code Section 54953(e) and Making Findings and Determinations Regarding the Same RECOMMENDED ACTION
Adopt resolution.

STATEMENT OF ISSUE
Government Code 54953(e) is new legislation that amends the Brown Act to allow local agencies to meet remotely during declared emergencies under certain conditions. The code requires that the City Council reconsider and reauthorize these provisions every 30 days following initial authorization.

DISCUSSION
On October 5, 2021, the council adopted provisions of Assembly Bill (AB) 361, urgency legislation that amends the Brown Act to allow local agencies to meet remotely during declared emergencies under certain conditions. AB 361 authorizes local agencies to continue meeting remotely without following the Brown Act’s standard teleconferencing provisions, including the requirement that meetings be conducted in physical locations if the meeting is held during a state of emergency proclaimed by the Governor and either of the following applies:

1. State or local officials have imposed or recommended measures to promote social distancing; or

2. The agency has already determined whether, as a result of the emergency, meeting in person would present imminent risks to the health or safety of the attendee.

Council has utilized teleconferencing options throughout the pandemic, including remote appearances by Councilmembers and public comments from citizens via Zoom, email, or teleconference.

AB requires the council to reconsider the circumstances of the state of emergency every 30 days following the adoption of the law and make specific findings that either of the following cases exists:

1. The state of emergency continues to directly impact the ability of the members to meet in person Packet Page 413 of 480

Agenda Item No: 20.AGENDA REPORTDATE:April 5, 2022 TO:Mayor and City CouncilFROM:David Gassaway, Interim City ManagerSUBJECT:Resolution 202270 of the City Council of the City of Fairfield Reconsidering andAuthorizing Public Meetings to be Held Via Teleconferencing Pursuant to GovernmentCode Section 54953(e) and Making Findings and Determinations Regarding the SameRECOMMENDED ACTIONAdopt resolution.STATEMENT OF ISSUEGovernment Code 54953(e) is new legislation that amends the Brown Act to allow local agencies tomeet remotely during declared emergencies under certain conditions. The code requires that the CityCouncil reconsider and reauthorize these provisions every 30 days following initial authorization.DISCUSSIONOn October 5, 2021, the council adopted provisions of Assembly Bill (AB) 361, urgency legislation thatamends the Brown Act to allow local agencies to meet remotely during declared emergencies undercertain conditions. AB 361 authorizes local agencies to continue meeting remotely without following theBrown Act’s standard teleconferencing provisions, including the requirement that meetings beconducted in physical locations if the meeting is held during a state of emergency proclaimed by theGovernor and either of the following applies:1. State or local officials have imposed or recommended measures to promote social distancing; or2. The agency has already determined whether, as a result of the emergency, meeting in person wouldpresent imminent risks to the health or safety of the attendee.Council has utilized teleconferencing options throughout the pandemic, including remote appearancesby Councilmembers and public comments from citizens via Zoom, email, or teleconference.AB requires the council to reconsider the circumstances of the state of emergency every 30 days following the adoption of the law and make specific findings that either of the following cases exists:

1. The state of emergency continues to directly impact the ability of the members to meet in person safely; or

2. State or local officials continue to impose or recommend measures to promote social distancing.

FINANCIAL IMPACT
There is little to no fiscal impact by this action. City staff is already utilizing many of the procedures for teleconferencing in recent council meetings and other meetings of the legislative bodies.

PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
None.

ALTERNATIVE ACTION
The council may choose not to reauthorize these procedures, in which case they would no longer be able to teleconference into council meetings without meeting the notice requirements for teleconferencing that existed before the State of Emergency. Public comment via remote access would also be curtailed at council meetings.

STAFF CONTACT
Amber Alexander, Deputy City Clerk
(707) 4287402
[email protected]
COORDINATED WITH
City Attorney's Office
ATTACHMENTS:

Description
Proposed Resolution
REVIEWERS:

Reviewer Action Date
Alexander, Amber Approved 3/24/2022 1:10 PM
Packet Page 414 of 480

CITY OF FAIRFIELD

RESOLUTION NO. 2022-70

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAIRFIELD RECONSIDERING AND

AUTHORIZING PUBLIC MEETINGS TO BE HELD VIA TELECONFERENCING PURSUANT TO GOVERNMENT CODE SECTION 54953(E) AND MAKING FINDINGS AND DETERMINATIONS

REGARDING THE SAME

WHEREAS, the Fairfield City Council (the City Council) is committed to public access and participation in its meetings while balancing the need to conduct public meetings in a manner that reduces the likelihood of exposure to COVID-19; and

WHEREAS, all meetings of the City Council are open and public, as required by the Ralph M.

Brown Act (Cal. Gov. Code 54950 – 54963), so that any member of the public may attend, participate, and watch the City Council conduct its business; and

WHEREAS, pursuant to Assembly Bill 361, signed by Governor Newsom and effective on September 16, 2021, legislative bodies of local agencies may hold public meetings via teleconferencing pursuant to Government Code Section 54953(e), without complying with the requirements of Government Code Section 54953(b)(3), if the legislative body complies with certain enumerated requirements in any of the following circumstances:

1. The legislative body holds a meeting during a proclaimed state of emergency, and state or local officials have imposed or recommended measures to promote social distancing.

2. The legislative body holds a meeting during a proclaimed state of emergency for the purpose of determining, by majority vote, whether as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees.

3. The legislative body holds a meeting during a proclaimed state of emergency and has determined, by majority vote, that, as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees ; and

WHEREAS, pursuant to Government Code Section 54953(e)(3), the City Council must reconsider the circumstances of the state of emergency and make specific finding every 30 d ays after enacting the provisions of Government Code Section 54953(e) by making the following findings:

1. The City Council has reconsidered the circumstances of the state of emergency; and

2. Either of the following circumstances exists:

A. The state of emergency continues to directly impact the ability of the members to safely meet in person; or
B. State or local officials continue to impose or recommend measures to promote social distancing; and
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RES. NO. 2022-70

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WHEREAS, on March 4, 2020, Governor Newsom declared a State of Emergency pursuant to Section 8625 of the California Emergency Services Act in response to the COVID-19 pandemic (the Emergency); and

WHEREAS, the Centers for Disease Control and Prevention (CDC) continue to advise that COVID- 19 spreads more easily indoors than outdoors and that people are more likely to be exposed to COVID-19 when they are closer than 6 feet apart from others for longer periods of time; and

WHEREAS, the California Department of Public Health (CDPH) and the CDC caution that the Delta variant of COVID-19, currently the dominant strain of COVID-19 in the country, is more transmissible than prior variants of the virus, may cause more severe illness, and that even fully vaccinated individuals can spread the virus to others resulting in rapid and alarming rates of COVID-19 cases and hospitalizations; and

WHEREAS, the CDC has established a “Community Transmission” metric with 4 tiers designed to reflect a community’s COVID-19 case rate and percent positivity; and

WHEREAS, Solano County currently has a Community Transmission metric of “high” which is the most serious of the tiers; and

WHEREAS, due to the ongoing COVID-19 pandemic and the need to promote social distancing to reduce the likelihood of exposure to COVID-19, the City Council intends to hold public meetings via teleconferencing pursuant to Government Code Section 54953(e); and

WHEREAS, on October 5, 2021, the City Council adopted the provisions of Government Code Section 54953(e) for the first time by resolution and majority vote.

NOW, THEREFORE, THE COUNCIL OF THE CITY OF FAIRFIELD HEREBY RESOLVES:

Section 1. The Recitals provided above are true and correct and are hereby incorporated by reference.

Section 2. The City Council hereby determines that, as a result of the Emergency, meeting in person presents imminent risks to the health or safety of attendees.

Section 3. The City Council shall conduct its meetings pursuant to Government Code section 54953(e) and authorizes its boards and commissions to do likewise.

Section 4. The City Council has reconsidered the circumstances of the state of emergency.

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RES. NO. 2022-70

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Section 5. The state of emergency continues to directly impact the ability of the City Council members to meet safely in person.

Section 6. State or local officials continue to impose or recommend measures to promote social distancing.

Section 7. Staff is hereby authorized and directed to continue to take all actions necessary to carry out the intent and purpose of this resolution including, conducting open and public meetings in accordance with Government Code section 54953(e) and other applicable provisi ons of the Brown Act.

Section 8. This resolution shall take effect immediately upon its adoption and must be reconsidered within 30 days to stay in effect.

PASSED AND ADOPTED this 5th day of April 2022, by the following vote:

AYES: COUNCILMEMBERS: PRICE / BERTANI / MOY / PANDURO / TIMM / TONNESEN / VACCARO

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

MAYOR

ATTEST:

____________________________

CITY CLERK

Packet Page 417 of 480Attachment 1 Page 3 of 3

Agenda Item No: 21.

AGENDA REPORT
DATE:April 5, 2022
TO:Mayor and City Council
FROM:David Gassaway, Interim City Manager
SUBJECT:Resolution 202271 of the City Council of the City of Fairfield Affirming Support for an AgeFriendly Community
RECOMMENDED ACTION
Adopt resolution.

STATEMENT OF ISSUE
Population aging is a global trend and major force shaping the 21st century. We all need to prepare for the rapid aging of the U.S. population by paying increased attention to the environmental, economic, and social factors that influence the health and wellbeing of older adults. Older people are a resource for their families, communities, and economies in supportive and enabling living environments.

DISCUSSION
The proposed resolution recognizes the growth of the aging population and supports building a path to inclusiveness. The City of Fairfield supports, promotes, and works to include older persons, persons with disabilities, and the community as a whole.Our City is committed to the inclusion and advancement of diversity and equity of all people, and this resolution is a statement of that commitment.

FINANCIAL IMPACT
N/A
PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
This item was created at the request of the Solano County Board of Supervisors, the mayor, and city councilmembers.

ALTERNATIVE ACTION
Council could choose to not adopt the resolution.

STAFF CONTACT
Amber Alexander, Deputy City Clerk
(707) 4287402
Packet Page 418 of 480

Agenda Item No: 21.AGENDA REPORTDATE:April 5, 2022 TO:Mayor and City CouncilFROM:David Gassaway, Interim City ManagerSUBJECT:Resolution 202271 of the City Council of the City of Fairfield Affirming Support for anAgeFriendly CommunityRECOMMENDED ACTIONAdopt resolution.STATEMENT OF ISSUEPopulation aging is a global trend and major force shaping the 21st century. We all need to prepare forthe rapid aging of the U.S. population by paying increased attention to the environmental, economic,and social factors that influence the health and wellbeing of older adults. Older people are a resourcefor their families, communities, and economies in supportive and enabling living environments.DISCUSSIONThe proposed resolution recognizes the growth of the aging population and supports building a path toinclusiveness. The City of Fairfield supports, promotes, and works to include older persons, personswith disabilities, and the community as a whole.Our City is committed to the inclusion andadvancement of diversity and equity of all people, and this resolution is a statement of that commitment.FINANCIAL IMPACTN/APUBLIC CONTACT/ADVISORY BODY RECOMMENDATIONThis item was created at the request of the Solano County Board of Supervisors, the mayor, and citycouncilmembers.ALTERNATIVE ACTIONCouncil could choose to not adopt the resolution.STAFF CONTACT Amber Alexander, Deputy City Clerk
(707) 4287402
[email protected]
COORDINATED WITH
ATTACHMENTS:

Description
Proposed Resolution
REVIEWERS:

Reviewer Action Date
Alexander, Amber Approved 3/25/2022 2:30 PM
Packet Page 419 of 480

CITY OF FAIRFIELD

RESOLUTION NO. 2022-71

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAIRFIELD AFFIRMING SUPPORT FOR AN

AGE-FRIENDLY COMMUNITY

WHEREAS, the City of Fairfield recognizes the increasing growth of the aging population and is committed to providing access to needed services; and opportunities for residents of all ages to participate in community life; and

WHEREAS, active aging is a life-long process, whereby an age-friendly community is intended to be friendly for all ages; and

WHEREAS, the City of Fairfield desires all community residents, including older persons and persons with disabilities, to participate in and contribute to the social and economic fabric of the community; and

WHEREAS, the City of Fairfield strives to equitably serve residents of all ages, ability levels, incomes, races, ethnicities, and other backgrounds; and

WHEREAS, the City of Fairfield recognizes there are numerous social and economic benefits to building a community that is inclusive and meets the changing needs of residents as they age ; and

WHEREAS, the City of Fairfield acknowledges and fully meets the aging population where they are while building the path to inclusiveness; and

WHEREAS, the City of Fairfield recognizes the growing number of states and municipalities, including the State of California, which have joined efforts to become more intentionally inclusive to older adults.

NOW, THEREFORE, THE COUNCIL OF THE CITY OF FAIRFIELD HEREBY RESOLVES:

Section 1. That the City of Fairfield hereby supports initiatives and opportunities to be an age-friendly community by encouraging and promoting policies and projects in support of healthy and active aging.

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RES. NO. 2022-71

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PASSED AND ADOPTED this 5th day of April 2022, by the following vote:

AYES: COUNCILMEMBERS: PRICE / BERTANI / MOY / PANDURO / TIMM / TONNESEN / VACCARO

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

MAYOR

ATTEST:

____________________________

CITY CLERK

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Agenda Item No: 22.

AGENDA REPORT
DATE:April 5, 2022
TO:Mayor and City Council
FROM:David J. Gassaway, Interim City Manager
SUBJECT:Resolution 202272 of the City Council of the City of Fairfield Adopting a Council Policy for Councilmember Hosted Roundtables for Channel 26; and Resolution 202273 of the City Council of the City of Fairfield Adopting a Council Policy for Councilmember Hosted Town Hall Meetings Using City Resources RECOMMENDED ACTION
Adopt resolutions.

STATEMENT OF ISSUE
City Council will consider the adoption of two policies to ensure councilmembers have equal access to staff and City resources when conducting community outreach through Roundtable Discussions on Channel 26 or Town Hall Meetings.

DISCUSSION
Community engagement is an important role of the council, and recently there has been an increase in requests for staff to support councilmembers in community outreach through the use of Town Halls and Roundtable discussions on Channel 26. To ensure staff and city resources are equally available to each councilmember, the following council policies are proposed.

Councilmember Hosted Roundtables for Channel 26
Roundtable discussions are an opportunity for councilmembers to host a televised 60minute discussion focusing on the topic of their choosing and including guests to participate in the discussion.

Previous councilmember hosted roundtables were approved on an asrequested basis. The proposed policy (Attachment 2) provides each councilmember the opportunity to host one roundtable discussion on Channel 26 per year, ensuring adequate staff resources will be available to support requests from each councilmember. Currently, a single Roundtable Discussion takes approximately 67 hours of staff time for each episode which includes preproduction design and coordination, filming, editing, and publishing.

As a government access channel, Channel 26 is considered a use of public funds. During an election year, there will be a moratorium on the production and airing of all councilmember hosted roundtable discussions beginning the first day of the filing period for candidacy until the day after the election. In addition, councilmembers are not permitted to use Channel 26 roundtable discussion recordings as Packet Page 422 of 480

Agenda Item No: 22.AGENDA REPORTDATE:April 5, 2022 TO:Mayor and City CouncilFROM:David J. Gassaway, Interim City ManagerSUBJECT:Resolution 202272 of the City Council of the City of Fairfield Adopting a Council Policyfor Councilmember Hosted Roundtables for Channel 26; andResolution 202273 of the City Council of the City of Fairfield Adopting a Council Policyfor Councilmember Hosted Town Hall Meetings Using City ResourcesRECOMMENDED ACTIONAdopt resolutions.STATEMENT OF ISSUECity Council will consider the adoption of two policies to ensure councilmembers have equal access tostaff and City resources when conducting community outreach through Roundtable Discussions onChannel 26 or Town Hall Meetings.DISCUSSIONCommunity engagement is an important role of the council, and recently there has been an increase inrequests for staff to support councilmembers in community outreach through the use of Town Halls andRoundtable discussions on Channel 26. To ensure staff and city resources are equally available to eachcouncilmember, the following council policies are proposed.Councilmember Hosted Roundtables for Channel 26Roundtable discussions are an opportunity for councilmembers to host a televised 60minutediscussion focusing on the topic of their choosing and including guests to participate in the discussion.Previous councilmember hosted roundtables were approved on an asrequested basis. The proposedpolicy (Attachment 2) provides each councilmember the opportunity to host one roundtable discussionon Channel 26 per year, ensuring adequate staff resources will be available to support requests fromeach councilmember. Currently, a single Roundtable Discussion takes approximately 67 hours of stafftime for each episode which includes preproduction design and coordination, filming, editing, andpublishing.As a government access channel, Channel 26 is considered a use of public funds. During an election year, there will be a moratorium on the production and airing of all councilmember hosted roundtable discussions beginning the first day of the filing period for candidacy until the day after the election. In addition, councilmembers are not permitted to use Channel 26 roundtable discussion recordings as any part of an election campaign. This does not preclude councilmembers from hosting roundtable discussions that do not use city staff or city resources during the moratorium period.

Councilmember Hosted Town Hall Meetings Using City Resources Town Hall Meetings are an important tool in allowing councilmembers to serve the greater community and make informed policy decisions. Town Hall Meetings are intended to be informal meetings between a councilmember and members of the community of Fairfield, held to provide interested members of the community an opportunity to discuss emerging issues and voice concerns, opinions, and preferences for their community. The proposed policy (Attachment 4) allows each councilmember to host one Town Hall Meeting utilizing city resources, including city staff and facilities, during a calendar year. The limitation ensures adequate city resources are available for each request including the use of city facilities, promoting the event through City outlets, and the necessary staff to attend the event.

Town Hall Meetings which utilize city resources, including staff time and city facilities, are considered a use of public funds. During an election year, there will be a moratorium on councilmember hosted Town Hall Meetings which utilize City resources beginning the first day of the filing period for candidacy until the day after the election. The moratorium does not preclude councilmembers from hosting Town Hall Meetings which do not use city resources and instead are paid for by a councilmember using non public funds.

FINANCIAL IMPACT
There will be no additional financial impact as a result of the adoption of these resolutions. Salary costs associated with staff support for Roundtable Discussions and Town Hall Meetings is already budgeted.

PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
N/A
ALTERNATIVE ACTION
Council may request amendments to the policies or choose to not approve the council policies.

STAFF CONTACT
Anna Guiles, Assistant to the City Manager
(707) 4287399
[email protected]
COORDINATED WITH
City Attorney's Office
ATTACHMENTS:

Description
Proposed Resolution Policy for Councilmember Hosted Roundtables for Channel 26 Proposed Policy for Councilmember Hosted Roundtables for Channel 26 Proposed Resolution Policy for Councilmember Hosted Town Hall Meetings Using City Resources
Proposed Policy for Councilmember Hosted Town Hall Meetings Using City Resources REVIEWERS:

Reviewer Action Date
ballard, Kelly Approved 3/21/2022 2:52 PM
Packet Page 423 of 480

CITY OF FAIRFIELD

RESOLUTION NO. 2022-72

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAIRFIELD ADOPTING A COUNCIL POLICY FOR COUNCILMEMBER HOSTED ROUNDTABLE DISCUSSIONS FOR CHANNEL 26

WHEREAS, Community engagement is an important role of the City Council; and

WHEREAS, Roundtable Discussions are an opportunity for councilmembers to host a televised 60-minute discussion focusing on the topic of their choosing and including guests to participate in the discussion; and

WHEREAS, Roundtable Discussions are a form of community engagement, which gathers stakeholders to facilitate a conversation; and

WHEREAS, the City of Fairfield does not have a policy in place for Councilmember Hosted Roundtable Discussions; and

WHEREAS, the attached policy sets forth the policy for these councilmembers hosted Roundtable discussions; and

WHEREAS, upon adoption of the policy it will be included as part of the Council Handbook.

NOW, THEREFORE, THE COUNCIL OF THE CITY OF FAIRFIELD HEREBY RESOLVES:

Section 1. The City Council hereby adopts the Councilmember Hosted Roundtable Discussions for Channel 26 Policy as attached hereto.

PASSED AND ADOPTED this 5th day of April 2022, by the following vote:

AYES: COUNCILMEMBERS: PRICE / BERTANI / MOY / PANDURO / TIMM / TONNESEN / VACCARO

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

MAYOR

ATTEST:

____________________________

CITY CLERK
Packet Page 424 of 480Attachment 1 Page 1 of 1

City of Fairfield, CA
Council Policy

Subject: Councilmember Hosted Roundtables for Channel 26 Policy No: xxxx
Effective Date: April xx, 2022

Purpose
To establish a uniform policy for Roundtable Discussions hosted by City Councilmembers for the purpose of airing on the City’s government access channel, Channel 26.

Policy

Channel 26 is the City of Fairfield’s government access channel. The programming is bound by the guidelines and restrictions identified in City of Fairfield’s Administrative Policy Chapter 100 Section 14.

To ensure equitable use of Channel 26 and to prevent the misuse of public funds, it is the policy of the City Council that:

1. Councilmembers may elect to host one (1) 60-minute “roundtable” discussion per calendar year that will air on Channel 26. No more than one councilmember hosted roundtable discussion is permitted per month. The Roundtable discussions must focus on topics that are within the City’s responsibility. Topics cannot include school district or county concerns that the City does not directly control. Participation by any employees of the City of Fairfield is subject to City Manager approval.

2. There will be a moratorium on councilmember hosted roundtables during an election year, beginning on the first date of the candidacy filing period through the day after the election.

3. Roundtable discussions must be requested at least fifteen (15) business days prior to the date of the event and are coordinated through the City Manager’s Office.

4. Once recorded, roundtable discussions will air within fifteen (15) business days of the original recording and will re-air up to two (2) times within 60 days of the original recording date.

5. In addition to airing on Channel 26, councilmember hosted roundtables will be upload to the City’s social media accounts including YouTube and Facebook. Roundtable discussions recorded for the purposes of Channel 26 are considered the intellectual property of the City and the City owns all copyrights. The roundtable discussion recording may not be used without explicit written permission by the City Manager.

6. Councilmembers are not permitted to use roundtable discussion recording as any part of their election campaign. Councilmembers shall be familiar with all FPPC (“Fair Political Practices Commission”) regulations regarding campaigning, or the use of campaign Packet Page 425 of 480Attachment 2 Page 1 of 2

funds related to the use of City resources and are solely liable for any complaints or violations under FPPC rules and regulations.

Roundtable discussions hosted by councilmembers and aired on Channel 26 are considered a use of public funds and are subject to California Penal Code 424. Misuse of public funds is a felony and is punishable by imprisonment in state prison for up to four (4) years and disqualification from holding any public office. By agreeing to host a roundtable discussion for the City’s public access channel, councilmembers acknowledge their understanding of Penal Code 424. The City, City staff, and the City Attorney are not liable should a councilmember knowingly or unknowingly misuse public funds in hosting a roundtable discussion.

ISSUE DATE: April xx, 2022 REVISION DATE:

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CITY OF FAIRFIELD

RESOLUTION NO. 2022-73

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAIRFIELD ADOPTING A COUNCIL POLICY FOR

COUNCILMEMBER HOSTED TOWN HALL MEETINGS USING CITY RESOURCES

WHEREAS, Town Hall Meetings are an important tool in allowing councilmembers to serve the greater community and make informed policy decisions; and

WHEREAS, Town Hall Meetings are intended to be informal meetings between a councilmember and members of the community of Fairfield, held to provide interested members of the community an opportunity to discuss emerging issues and voice concerns, opinions, and preferences for their community; and

WHEREAS, City resources include city staff and city-owned facilities; and

WHEREAS, the City of Fairfield does not have a policy in place for Councilmember Hosted Town Halls using City Resources; and

WHEREAS, the attached sets forth the policy for these councilmembers hosted Roundtable discussions; and

WHEREAS, upon adoption of the policy it will be included as part of the Council Handbook.

NOW, THEREFORE, THE COUNCIL OF THE CITY OF FAIRFIELD HEREBY RESOLVES:

Section 1. The City Council hereby adopts the Councilmember Hosted Town Hall Meetings Using City Resources as attached hereto.

PASSED AND ADOPTED this 5th day of April 2022, by the following vote:

AYES: COUNCILMEMBERS: PRICE / BERTANI / MOY / PANDURO / TIMM / TONNESEN / VACCARO

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

MAYOR
ATTEST:

____________________________

CITY CLERK
Packet Page 427 of 480Attachment 3 Page 1 of 1

City of Fairfield, CA
Council Policy

Subject: Councilmember Hosted Town Hall Meetings Using City Resources Policy No: xxxx
Effective Date: April xx, 2022

Purpose
To establish a uniform policy for Town Hall Meetings hosted by City Councilmembers which use City resources.

Procedure
Town Hall Meetings are an important tool to allow City Councilmembers (“Councilmember/s”) to serve the greater community and make informe d policy decisions. Town Hall Meetings are intended to be informal meetings between a Councilmember and members of the community of Fairfield, held for the purpose of providing interested members of the community an opportunity to discuss emerging issues and to voice concerns, opinions, and preferences for their community. Town Hall Meetings also provide opportunity for Councilmembers to provide information to the community and solicit information and opinions regarding specific topics affecting the community, and to respond to questions. It is not the purpose of Town Hall Meetings to take final action on any matter under consideration by the City or City Council.

Town Hall Meeting Guidelines:

1. As used in this policy, “Town Hall Meetings” is a meeting on City property or using City resources when requested by a Councilmember to conduct outreach to the community to provide information and/or solicit information and opinions regarding specific topics affecting the community.

2. As used in this policy, “Town Hall Meetings” do not include the following:

a) A meeting arranged by a Councilmember held off City property and not using any City funds;

b) A meeting originating from someone other than a Councilmember including but not limited to a resident, business, or City staff;

c) A meeting arranged by a Councilmember held on City property but not using any City funds and reserved and paid for by a Councilmember using non -public funds.

Packet Page 428 of 480Attachment 4 Page 1 of 3

3. Each Councilmember is allowed to host one (1) Town Hall Meeting utilizing City resources including staff time and/or City property once per calendar year. Joint Town Hall Meetings hosted by two councilmembers are considered the use of each individual councilmember’s allotment of Town Hall Meetings for the year.

4. Town Hall Meetings can focus on a specific topic or serve as a general listening session for the Councilmember; however, Town Hall Meetings must focus on issues within the City’s scope of responsibilities.

5. Town Hall Meetings must be requested and approved at least ten (10) business days prior to the date of the event and should not conflict with any previously scheduled City sponsored event. No more than one (1) Town Hall Meeting per month will be permitted.

6. City staff will support the promotion of Town Hall Meetings including the development of press releases, social media, and other standard outreach practices for City events. Final authority for the level of support allocated for the promotion of Town Hall Meetings will be subject to the discretion of the City Manager or his/her designee.

7. If a Town Hall Meeting is hosted in the City Council Chambers, Councilmembers have the option to request the Town Hall Meeting be aired on City of Fairfield’s government access channel, Channel 26, pending staff availability and approval by the City Manager’s Office.
a. Recorded Town Hall Meetings will be aired on Channel 26 within five (5) business days of the original event date and aired up to two (2) additional times within 30 days of the original event date.
b. Scheduling of when the Town Hall Meeting is aired is at the discretion of the City Manager’s Office. Staff will notify the Councilmember of the anticipated dates and times of the when the recording will play on Channel

26. c. During an election year, no Town Hall Meeting shall be aired on Channel 26 beginning on the first day of the candidacy filing period through the day after Election Day.
d. Town Hall Meetings that were recorded for the purposes of airing on Channel 26 are the intellectual property of the City and the City owns all copyrights. Recordings of Town Hall Meetings may be edited for length and content at the sole discretion of the City Manager’s Office. The Town Hall Meeting recordings may not be used without explicit written permission by the City Manager.

Packet Page 429 of 480Attachment 4 Page 2 of 3

Town Hall Meeting Restrictions

1. There will be a moratorium on all City supported Town Hall Meetings hosted by Councilmembers during an election year, beginning on the first date of the candidacy filing period through the day after the election.

2. Councilmembers are not permitted to use Town Hall Meetings recordings as any part of their election campaign, and Councilmembers are solely responsible to ensure their Town Hall Meetings conform to FPPC rules and regulations and all other California laws.

3. A quorum of Councilmembers shall not attend any single Town Hall Meeting. Attendance at a Town Hall Meeting by City Councilmembers shall be coordinated through the City Manager’s Office to prevent any Brown Act violations.

Town Hall Meetings using public funds are subject to FPPC rules and regulations and all other applicable laws including California Penal Code 424. Misuse of public funds is a felony and is punishable by imprisonment in state prison for up to four (4) years and disqualification from holding any public office. Councilmembers are solely responsible for complying with all California laws, and the City of Fairfield, City staff, and the City Attorney are not liable should a councilmember knowingly or unknowingly misuse public funds in the hosting of a Town Hall Meeting.

ISSUE DATE: April xx, 2022 REVISION DATE:

Packet Page 430 of 480Attachment 4 Page 3 of 3

Agenda Item No: 23.

AGENDA REPORT
DATE:April 5, 2022
TO:Mayor and City Council
FROM:David Gassaway, Interim City Manager
SUBJECT:First Reading and Introduction of Ordinance 202206 of the City Council of the City of Fairfield Adding Chapter 31 to the Fairfield Municipal Code to Establish a Military Equipment Use Policy for the Fairfield Police Department RECOMMENDED ACTION
Waive full reading, read by title only, and introduce ordinance for first reading.

STATEMENT OF ISSUE
Assembly Bill 481 (AB 481 or the Bill), codified in Government Code sections 7070 through 7075, requires a law enforcement agency (LEA) to obtain approval from the applicable governing body via the adoption of a "military equipment" use policy (the Policy) by ordinance (the Ordinance), prior to the LEA funding, acquiring, or using military equipment. The Fairfield Police Department (FPD) seeks City Council adoption of the attached Military Equipment Use Policy number 711 to allow FPD to continue to use the vital equipment specified therein and acquire new equipment.

Items deemed to be "military equipment" by AB 481 are used as a component of overall best practices for LEAs throughout the country. These tools have been tested in the field and are used by LEAs to enhance citizen safety and officer safety. The loss of these items would jeopardize the welfare of citizens and peace officers within the FPD.

The term "military equipment," as used in AB 481, in fact, does not necessarily indicate the equipment that the military has used. Pursuant to AB 481, items deemed to be "military equipment" include, but are not limited to, unmanned aerial or ground vehicles, armored vehicles, command and control vehicles, pepper balls, less lethal shotguns, lesslethal 40mm projectile launchers, and flashbangs.

FPD is committed to using the most uptodate tools and equipment to safeguard the citizens of Fairfield. Many items deemed to be "military equipment" by AB 481 are employed by FPD and LEAs across the country to specifically reduce risk to community members. These items provide peace officers with the ability to safely resolve volatile situations which otherwise might rise to the level of a lethal force encounter. To that end, the items at issue in this report and the accompanying Military Equipment Use Policy also provide FPD's peace officers with vital tools that facilitate compliance with its stringent use of force policy.

Other items deemed "military equipment" via AB 481 include foundational equipment such as rifles.

Packet Page 431 of 480

Other items deemed "military equipment" via AB 481 include foundational equipment such as rifles.

These rifles allow peace officers to address lethal threats from a greater distance and with greater precision.

Along with seeking authorization to use preexisting equipment, the FPD also seeks authorization to acquire, fund, and use new updated pieces of equipment. In sum, Fairfield police officers have faced the threat of gunfire from suspects for prolonged incidents, which required the use of armored/ballistic vehicles to protect the officers and community. The protection with ballistic equipment allows for more time and opportunity to attempt to deescalate situations and provide for safer tactics to resolve life threatening events in the safest way possible.

The City Council has a longstanding commitment to ensuring the Fairfield Police Department has the equipment necessary to safeguard the lives of the citizens of Fairfield.

DISCUSSION
There is significant interest in ensuring that law enforcement continues to have access to equipment that will provide peace officers as many options as possible to safeguard lives, ensure safety, and protect civil liberties. The use of the tools identified below is vital to FPD's mission and will continue to be strictly regulated through internal processes and oversight.

The proposed ordinance seeks to approve the FPD's policy 711, which constitutes FPD's Military Equipment Use Policy. Policy 711 outlines each item identified in Government Code section 7070, which the City currently owns. The Policy also includes the current use and cost of each item. These items, and their stated uses, have been in place prior to the implementation of AB 481. Future acquisitions of any item deemed "military equipment" will require a further public meeting, policy update, and council approval.

The proposed Policy safeguards the public's welfare, safety, civil rights, and civil liberties. Policy 711 ensures safeguards, including transparency, oversight, and accountability measures in place, such as requiring the Department's Administrative Services Lieutenant to ensure that FPD complies with Policy 711. FPD will conduct an annual audit of military equipment. Violations of Policy 711 will be corrected when discovered. Members of the public are provided direction per the Policy on registering complaints for violations. All items which result in a use of force will be investigated, as is already required by the existing FPD policy.

There are no reasonable alternatives to the items listed below. FPD has not discovered alternative items that can achieve the same objectives of officer and civilian safety. Each item's necessity is further described below:

Unmanned remotely piloted powered aerial vehicle: Unmanned aerial systems (UAS) are necessary as they provide visibility to highrisk locations. Without the use of a UAS, peace officers would have to deploy to highrisk locations, which would increase the risk to the officers and members of the public.

The UAS system is designed to enter small spaces, such as enclosed structures, as well as to provide overhead observations of wooded areas and other structures located in often crowded spaces. There are no known alternatives that could be used to access these locations safely.

Unmanned remotely controlled ground vehicle: Unmanned ground robots are used for reconnaissance during critical incidents to provide visibility in areas where it would be unsafe to send a peace officer.

This system can also be used to defuse or move potentially hazardous items and open doors. Not having access to this item would require the use of peace officers to engage in highrisk tasks. There is no known alternative to this system.

Armored personnel carriers, Humvees, wheeled vehicles that have a breaching or entry apparatus:

Armored vehicles are used to provide ballistic protection to officers and citizens during a rescue, critical incidents, and other hazardous situations. These vehicles allow officers closer access to highrisk situations while substantially reducing the physical risk to the officers and citizens. These vehicles are built on commercial vehicle chassis and are primarily a reinforcement of civilian commercial vehicles.

As such, there are no reasonable alternatives to providing the same level of ballistic protection.

Command and control vehicles: The mobile incident command vehicle (MCV) is an unarmored vehicle equivalent to a commercial, recreational vehicle. It is equipped with specific communication and audio visual devices to assist in command and control of a critical incident. This vehicle allows for mobile incident command and use of the Incident Command Systems, facilitating key leaders' best possible onscene decisionmaking. It provides for mobility, sheltering, logistical support, and power. The DUI trailer and Crisis Negotiations Team (CNT) trailer may also be used as mobile command posts that provide sheltering, logistical support, power, and restroom facilities. There is no known alternative for the MCV, DUI trailer, or CNT trailer, which provides the same amount of mobility and support at one location in a quick deploying package.

Breaching apparatuses, battering rams, slugs: Battering rams and breaching apparatus are used to defeat locked, barricaded or fortified locations allowing officers to conduct rescues or highrisk forceable entries. This includes but is not limited to rescuing hostages. These items allow peace officers to enter a structure when time is of the essence quickly. This would include but is not limited to an active shooter or kidnapping situation. In such situations, time is of the essence, and it would not be feasible to wait for other delayed access to the structure. There are alternatives which are used for low risk and/or nonfortified situations. This includes handheld battering rams. However, this alternative does not afford the same level of protection or speed that such equipment provides when necessary. As such, there is no reasonable alternative to these items when they are used and required.

Specialized firearms and ammunition, including assault weapons: Patrol rifles, Special Weapons and Tactics (SWAT) rifles, and sniper rifles, enable officers when in compliance with the FPD's Use of Force Policy, to address medium to longdistance threats, or those threats who are heavily armed, armored or both. Further, in both short and longdistance deployments, they allow officers precision shot placement, minimizing the risk to officers and innocent citizens. There are no known alternatives to these weapons that will provide the same level of distance or precision.

Flashbangs: Flashbangs are used as a distraction device in order to disorient or divert the suspect' (s) attention away from officers. This can allow officers to gain safer access to a highrisk situation, giving extra time to assess and analyze existing threats. This can prevent injury to officers and citizens. These devices can often lead to a safer resolution and allow officers to take a citizen into custody without force. There is no known alternative to a flashbang when it is necessary.

Explosive breaching tools: Explosive breaching tools are used by the SWAT team in order to enter fortified or hardened structures to allow for rescue or other highrisk police entries. They are used when there are no other reasonable alternatives to rapidly or safely breach a location. They are only used when time is of the essence and/or in order to preserve the lives of community members and police officers. Without these items, peace officers may not be able to gain access to a location in a safe and timely manner to engage in necessary police operations. There is no known reasonable alternative to these items when they are necessary, as stated.

Tear gas and pepper ball: Tear gas and pepper ball are less lethal methods used to address violent or riotous crowds when there is a risk to physical safety. They are also used to safely extract a suspect from a fixed location or safely detain a suspect who poses a risk of violence to officers. Tear gas allows peace officers to deploy a lesslethal chemical agent into a structure where other weapons would not be capable of doing so. These weapons are less lethal and afford peace officers an added option to avoid lethal force encounters. When these items are reasonable and necessary for use, there is no other alternative.
40mm projectile launchers and bean bag shotguns: The 40mm launcher affords the ability to use less Packet Page 433 of 480

Agenda Item No: 23.AGENDA REPORTDATE:April 5, 2022 TO:Mayor and City CouncilFROM:David Gassaway, Interim City ManagerSUBJECT:First Reading and Introduction of Ordinance 202206 of the City Council of the City ofFairfield Adding Chapter 31 to the Fairfield Municipal Code to Establish a MilitaryEquipment Use Policy for the Fairfield Police DepartmentRECOMMENDED ACTIONWaive full reading, read by title only, and introduce ordinance for first reading.STATEMENT OF ISSUEAssembly Bill 481 (AB 481 or the Bill), codified in Government Code sections 7070 through 7075,requires a law enforcement agency (LEA) to obtain approval from the applicable governing body via theadoption of a "military equipment" use policy (the Policy) by ordinance (the Ordinance), prior to the LEAfunding, acquiring, or using military equipment. The Fairfield Police Department (FPD) seeks CityCouncil adoption of the attached Military Equipment Use Policy number 711 to allow FPD to continue touse the vital equipment specified therein and acquire new equipment.Items deemed to be "military equipment" by AB 481 are used as a component of overall best practicesfor LEAs throughout the country. These tools have been tested in the field and are used by LEAs toenhance citizen safety and officer safety. The loss of these items would jeopardize the welfare ofcitizens and peace officers within the FPD.The term "military equipment," as used in AB 481, in fact, does not necessarily indicate the equipmentthat the military has used. Pursuant to AB 481, items deemed to be "military equipment" include, but arenot limited to, unmanned aerial or ground vehicles, armored vehicles, command and control vehicles,pepper balls, less lethal shotguns, lesslethal 40mm projectile launchers, and flashbangs.FPD is committed to using the most uptodate tools and equipment to safeguard the citizens ofFairfield. Many items deemed to be "military equipment" by AB 481 are employed by FPD and LEAsacross the country to specifically reduce risk to community members. These items provide peaceofficers with the ability to safely resolve volatile situations which otherwise might rise to the level of alethal force encounter. To that end, the items at issue in this report and the accompanying MilitaryEquipment Use Policy also provide FPD's peace officers with vital tools that facilitate compliance withits stringent use of force policy.Other items deemed "military equipment" via AB 481 include foundational equipment such as rifles.These rifles allow peace officers to address lethal threats from a greater distance and with greaterprecision.Along with seeking authorization to use preexisting equipment, the FPD also seeks authorization toacquire, fund, and use new updated pieces of equipment. In sum, Fairfield police officers have facedthe threat of gunfire from suspects for prolonged incidents, which required the use of armored/ballisticvehicles to protect the officers and community. The protection with ballistic equipment allows for moretime and opportunity to attempt to deescalate situations and provide for safer tactics to resolve lifethreatening events in the safest way possible. The City Council has a longstanding commitment to ensuring the Fairfield Police Department has theequipment necessary to safeguard the lives of the citizens of Fairfield.DISCUSSIONThere is significant interest in ensuring that law enforcement continues to have access to equipmentthat will provide peace officers as many options as possible to safeguard lives, ensure safety, andprotect civil liberties. The use of the tools identified below is vital to FPD's mission and will continue tobe strictly regulated through internal processes and oversight.The proposed ordinance seeks to approve the FPD's policy 711, which constitutes FPD's MilitaryEquipment Use Policy. Policy 711 outlines each item identified in Government Code section 7070,which the City currently owns. The Policy also includes the current use and cost of each item. Theseitems, and their stated uses, have been in place prior to the implementation of AB 481. Futureacquisitions of any item deemed "military equipment" will require a further public meeting, policyupdate, and council approval.The proposed Policy safeguards the public's welfare, safety, civil rights, and civil liberties. Policy 711ensures safeguards, including transparency, oversight, and accountability measures in place, such asrequiring the Department's Administrative Services Lieutenant to ensure that FPD complies with Policy711. FPD will conduct an annual audit of military equipment. Violations of Policy 711 will be correctedwhen discovered. Members of the public are provided direction per the Policy on registering complaintsfor violations. All items which result in a use of force will be investigated, as is already required by theexisting FPD policy.There are no reasonable alternatives to the items listed below. FPD has not discovered alternativeitems that can achieve the same objectives of officer and civilian safety. Each item's necessity is furtherdescribed below:Unmanned remotely piloted powered aerial vehicle: Unmanned aerial systems (UAS) are necessary asthey provide visibility to highrisk locations. Without the use of a UAS, peace officers would have todeploy to highrisk locations, which would increase the risk to the officers and members of the public.The UAS system is designed to enter small spaces, such as enclosed structures, as well as to provideoverhead observations of wooded areas and other structures located in often crowded spaces. Thereare no known alternatives that could be used to access these locations safely.Unmanned remotely controlled ground vehicle: Unmanned ground robots are used for reconnaissanceduring critical incidents to provide visibility in areas where it would be unsafe to send a peace officer.This system can also be used to defuse or move potentially hazardous items and open doors. Nothaving access to this item would require the use of peace officers to engage in highrisk tasks. There isno known alternative to this system.Armored personnel carriers, Humvees, wheeled vehicles that have a breaching or entry apparatus:Armored vehicles are used to provide ballistic protection to officers and citizens during a rescue, criticalincidents, and other hazardous situations. These vehicles allow officers closer access to highrisksituations while substantially reducing the physical risk to the officers and citizens. These vehicles arebuilt on commercial vehicle chassis and are primarily a reinforcement of civilian commercial vehicles.As such, there are no reasonable alternatives to providing the same level of ballistic protection.Command and control vehicles: The mobile incident command vehicle (MCV) is an unarmored vehicleequivalent to a commercial, recreational vehicle. It is equipped with specific communication and audiovisual devices to assist in command and control of a critical incident. This vehicle allows for mobileincident command and use of the Incident Command Systems, facilitating key leaders' best possibleonscene decisionmaking. It provides for mobility, sheltering, logistical support, and power. The DUItrailer and Crisis Negotiations Team (CNT) trailer may also be used as mobile command posts thatprovide sheltering, logistical support, power, and restroom facilities. There is no known alternative forthe MCV, DUI trailer, or CNT trailer, which provides the same amount of mobility and support at onelocation in a quick deploying package.Breaching apparatuses, battering rams, slugs: Battering rams and breaching apparatus are used todefeat locked, barricaded or fortified locations allowing officers to conduct rescues or highriskforceable entries. This includes but is not limited to rescuing hostages. These items allow peaceofficers to enter a structure when time is of the essence quickly. This would include but is not limited toan active shooter or kidnapping situation. In such situations, time is of the essence, and it would not befeasible to wait for other delayed access to the structure. There are alternatives which are used for lowrisk and/or nonfortified situations. This includes handheld battering rams. However, this alternativedoes not afford the same level of protection or speed that such equipment provides when necessary. Assuch, there is no reasonable alternative to these items when they are used and required.Specialized firearms and ammunition, including assault weapons: Patrol rifles, Special Weapons andTactics (SWAT) rifles, and sniper rifles, enable officers when in compliance with the FPD's Use of ForcePolicy, to address medium to longdistance threats, or those threats who are heavily armed, armored orboth. Further, in both short and longdistance deployments, they allow officers precision shot placement,minimizing the risk to officers and innocent citizens. There are no known alternatives to these weaponsthat will provide the same level of distance or precision.Flashbangs: Flashbangs are used as a distraction device in order to disorient or divert the suspect' (s)attention away from officers. This can allow officers to gain safer access to a highrisk situation, givingextra time to assess and analyze existing threats. This can prevent injury to officers and citizens. Thesedevices can often lead to a safer resolution and allow officers to take a citizen into custody withoutforce. There is no known alternative to a flashbang when it is necessary.Explosive breaching tools: Explosive breaching tools are used by the SWAT team in order to enterfortified or hardened structures to allow for rescue or other highrisk police entries. They are used whenthere are no other reasonable alternatives to rapidly or safely breach a location. They are only usedwhen time is of the essence and/or in order to preserve the lives of community members and policeofficers. Without these items, peace officers may not be able to gain access to a location in a safe andtimely manner to engage in necessary police operations. There is no known reasonable alternative tothese items when they are necessary, as stated.Tear gas and pepper ball: Tear gas and pepper ball are less lethal methods used to address violent orriotous crowds when there is a risk to physical safety. They are also used to safely extract a suspectfrom a fixed location or safely detain a suspect who poses a risk of violence to officers. Tear gas allowspeace officers to deploy a lesslethal chemical agent into a structure where other weapons would not becapable of doing so. These weapons are less lethal and afford peace officers an added option to avoidlethal force encounters. When these items are reasonable and necessary for use, there is no other alternative.
40mm projectile launchers and bean bag shotguns: The 40mm launcher affords the ability to use less lethal chemical agents and impact munitions. This allows officers to address a threat from a greater distance and provides an alternative option for deadly force when reasonable. The bean bag shotgun also allows officers to confront a potentially armed or dangerous suspect at a longer distance. This can potentially prevent a deadly force encounter. When necessary, there is no alternative to these lesslethal weapon systems.

Approval for acquiring additional patrol rifles: The Department has increased staffing over the past several years and does not have enough patrol rifles. Patrol rifles are standardissue equipment for officers. The Department requests authorization to add an additional 10 Colt 11.5" barrel carbine LE6933 patrol rifles to its inventory at the cost of $10,661.10. These are the same type of standard issue patrol rifles currently in the FPD inventory.

Approval for acquiring replacement Pepper Ball launchers: Existing FPD Pepper Ball VKS projectile launchers are over five years old, and a new launcher has been manufactured by Pepper Ball, the PPC.

The PPC was tested and evaluated by the Department in 2021 and found to be easier to operate, lighter, smaller, easier to transport, and simplified overall.

The Department is seeking approval to acquire a total of 12 Pepper Ball PPC launchers at a total cost of $6,840.36. The acquisition of the 12 PPC launchers will include the tradein of the Department's seven older VKS launchers. This will increase the availability of lesslethal tools for Police Officers.

The Department is seeking approval to acquire one new Tac SF launcher to replace the SWAT team VKS launcher for $769.44. The Mobile Field Force Team currently uses tac SF launchers.

The Department has numerous Pepper Ball instructors and a supply of proprietary lesslethal rounds and training rounds for the launchers. The cost of replacing and upgrading launchers falls within the existing Training Budget. Pepper Ball launchers further FPD's ability to use less lethal force options as an alternative to lethal force when feasible.

Approval for acquiring lesslethal shotgun specialty ammunition: The Department currently has 64 less lethal shotguns that were converted from standard shotguns and are in the process of purchasing less lethal cartridges (bean bag projectiles). The Department seeks authorization to purchase additional lesslethal bean bag shotgun cartridges as needed for training and deployment. The Department seeks to maintain cartridges for duty use and training. Each lesslethal shotgun holds ten cartridges, including the sidesaddle. This would result in 640 cartridges needed for deployment. The Department requests authorization to purchase up to 2000 training cartridges per year for ongoing annual training. The current cost of each cartridge is $7.

Policy 711 reflects each new piece of equipment listed above. Purchases will be made within the existing budget.

FINANCIAL IMPACT
There are no new financial considerations for existing military equipment and munitions. The purchase of replacement pepper ball launchers, lesslethal shotgun ammunition, and patrol rifles will come from the Police Department Training Budget, account code 011510088319.

PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
In compliance with AB 481, the Fairfield Police Department issued a press release and posted Policy 711 on the Department website on March 4, 2022.

Packet Page 434 of 480

Agenda Item No: 23.AGENDA REPORTDATE:April 5, 2022 TO:Mayor and City CouncilFROM:David Gassaway, Interim City ManagerSUBJECT:First Reading and Introduction of Ordinance 202206 of the City Council of the City ofFairfield Adding Chapter 31 to the Fairfield Municipal Code to Establish a MilitaryEquipment Use Policy for the Fairfield Police DepartmentRECOMMENDED ACTIONWaive full reading, read by title only, and introduce ordinance for first reading.STATEMENT OF ISSUEAssembly Bill 481 (AB 481 or the Bill), codified in Government Code sections 7070 through 7075,requires a law enforcement agency (LEA) to obtain approval from the applicable governing body via theadoption of a "military equipment" use policy (the Policy) by ordinance (the Ordinance), prior to the LEAfunding, acquiring, or using military equipment. The Fairfield Police Department (FPD) seeks CityCouncil adoption of the attached Military Equipment Use Policy number 711 to allow FPD to continue touse the vital equipment specified therein and acquire new equipment.Items deemed to be "military equipment" by AB 481 are used as a component of overall best practicesfor LEAs throughout the country. These tools have been tested in the field and are used by LEAs toenhance citizen safety and officer safety. The loss of these items would jeopardize the welfare ofcitizens and peace officers within the FPD.The term "military equipment," as used in AB 481, in fact, does not necessarily indicate the equipmentthat the military has used. Pursuant to AB 481, items deemed to be "military equipment" include, but arenot limited to, unmanned aerial or ground vehicles, armored vehicles, command and control vehicles,pepper balls, less lethal shotguns, lesslethal 40mm projectile launchers, and flashbangs.FPD is committed to using the most uptodate tools and equipment to safeguard the citizens ofFairfield. Many items deemed to be "military equipment" by AB 481 are employed by FPD and LEAsacross the country to specifically reduce risk to community members. These items provide peaceofficers with the ability to safely resolve volatile situations which otherwise might rise to the level of alethal force encounter. To that end, the items at issue in this report and the accompanying MilitaryEquipment Use Policy also provide FPD's peace officers with vital tools that facilitate compliance withits stringent use of force policy.Other items deemed "military equipment" via AB 481 include foundational equipment such as rifles.These rifles allow peace officers to address lethal threats from a greater distance and with greaterprecision.Along with seeking authorization to use preexisting equipment, the FPD also seeks authorization toacquire, fund, and use new updated pieces of equipment. In sum, Fairfield police officers have facedthe threat of gunfire from suspects for prolonged incidents, which required the use of armored/ballisticvehicles to protect the officers and community. The protection with ballistic equipment allows for moretime and opportunity to attempt to deescalate situations and provide for safer tactics to resolve lifethreatening events in the safest way possible. The City Council has a longstanding commitment to ensuring the Fairfield Police Department has theequipment necessary to safeguard the lives of the citizens of Fairfield.DISCUSSIONThere is significant interest in ensuring that law enforcement continues to have access to equipmentthat will provide peace officers as many options as possible to safeguard lives, ensure safety, andprotect civil liberties. The use of the tools identified below is vital to FPD's mission and will continue tobe strictly regulated through internal processes and oversight.The proposed ordinance seeks to approve the FPD's policy 711, which constitutes FPD's MilitaryEquipment Use Policy. Policy 711 outlines each item identified in Government Code section 7070,which the City currently owns. The Policy also includes the current use and cost of each item. Theseitems, and their stated uses, have been in place prior to the implementation of AB 481. Futureacquisitions of any item deemed "military equipment" will require a further public meeting, policyupdate, and council approval.The proposed Policy safeguards the public's welfare, safety, civil rights, and civil liberties. Policy 711ensures safeguards, including transparency, oversight, and accountability measures in place, such asrequiring the Department's Administrative Services Lieutenant to ensure that FPD complies with Policy711. FPD will conduct an annual audit of military equipment. Violations of Policy 711 will be correctedwhen discovered. Members of the public are provided direction per the Policy on registering complaintsfor violations. All items which result in a use of force will be investigated, as is already required by theexisting FPD policy.There are no reasonable alternatives to the items listed below. FPD has not discovered alternativeitems that can achieve the same objectives of officer and civilian safety. Each item's necessity is furtherdescribed below:Unmanned remotely piloted powered aerial vehicle: Unmanned aerial systems (UAS) are necessary asthey provide visibility to highrisk locations. Without the use of a UAS, peace officers would have todeploy to highrisk locations, which would increase the risk to the officers and members of the public.The UAS system is designed to enter small spaces, such as enclosed structures, as well as to provideoverhead observations of wooded areas and other structures located in often crowded spaces. Thereare no known alternatives that could be used to access these locations safely.Unmanned remotely controlled ground vehicle: Unmanned ground robots are used for reconnaissanceduring critical incidents to provide visibility in areas where it would be unsafe to send a peace officer.This system can also be used to defuse or move potentially hazardous items and open doors. Nothaving access to this item would require the use of peace officers to engage in highrisk tasks. There isno known alternative to this system.Armored personnel carriers, Humvees, wheeled vehicles that have a breaching or entry apparatus:Armored vehicles are used to provide ballistic protection to officers and citizens during a rescue, criticalincidents, and other hazardous situations. These vehicles allow officers closer access to highrisksituations while substantially reducing the physical risk to the officers and citizens. These vehicles arebuilt on commercial vehicle chassis and are primarily a reinforcement of civilian commercial vehicles.As such, there are no reasonable alternatives to providing the same level of ballistic protection.Command and control vehicles: The mobile incident command vehicle (MCV) is an unarmored vehicleequivalent to a commercial, recreational vehicle. It is equipped with specific communication and audiovisual devices to assist in command and control of a critical incident. This vehicle allows for mobileincident command and use of the Incident Command Systems, facilitating key leaders' best possibleonscene decisionmaking. It provides for mobility, sheltering, logistical support, and power. The DUItrailer and Crisis Negotiations Team (CNT) trailer may also be used as mobile command posts thatprovide sheltering, logistical support, power, and restroom facilities. There is no known alternative forthe MCV, DUI trailer, or CNT trailer, which provides the same amount of mobility and support at onelocation in a quick deploying package.Breaching apparatuses, battering rams, slugs: Battering rams and breaching apparatus are used todefeat locked, barricaded or fortified locations allowing officers to conduct rescues or highriskforceable entries. This includes but is not limited to rescuing hostages. These items allow peaceofficers to enter a structure when time is of the essence quickly. This would include but is not limited toan active shooter or kidnapping situation. In such situations, time is of the essence, and it would not befeasible to wait for other delayed access to the structure. There are alternatives which are used for lowrisk and/or nonfortified situations. This includes handheld battering rams. However, this alternativedoes not afford the same level of protection or speed that such equipment provides when necessary. Assuch, there is no reasonable alternative to these items when they are used and required.Specialized firearms and ammunition, including assault weapons: Patrol rifles, Special Weapons andTactics (SWAT) rifles, and sniper rifles, enable officers when in compliance with the FPD's Use of ForcePolicy, to address medium to longdistance threats, or those threats who are heavily armed, armored orboth. Further, in both short and longdistance deployments, they allow officers precision shot placement,minimizing the risk to officers and innocent citizens. There are no known alternatives to these weaponsthat will provide the same level of distance or precision.Flashbangs: Flashbangs are used as a distraction device in order to disorient or divert the suspect' (s)attention away from officers. This can allow officers to gain safer access to a highrisk situation, givingextra time to assess and analyze existing threats. This can prevent injury to officers and citizens. Thesedevices can often lead to a safer resolution and allow officers to take a citizen into custody withoutforce. There is no known alternative to a flashbang when it is necessary.Explosive breaching tools: Explosive breaching tools are used by the SWAT team in order to enterfortified or hardened structures to allow for rescue or other highrisk police entries. They are used whenthere are no other reasonable alternatives to rapidly or safely breach a location. They are only usedwhen time is of the essence and/or in order to preserve the lives of community members and policeofficers. Without these items, peace officers may not be able to gain access to a location in a safe andtimely manner to engage in necessary police operations. There is no known reasonable alternative tothese items when they are necessary, as stated.Tear gas and pepper ball: Tear gas and pepper ball are less lethal methods used to address violent orriotous crowds when there is a risk to physical safety. They are also used to safely extract a suspectfrom a fixed location or safely detain a suspect who poses a risk of violence to officers. Tear gas allowspeace officers to deploy a lesslethal chemical agent into a structure where other weapons would not becapable of doing so. These weapons are less lethal and afford peace officers an added option to avoidlethal force encounters. When these items are reasonable and necessary for use, there is no otheralternative.40mm projectile launchers and bean bag shotguns: The 40mm launcher affords the ability to use lesslethal chemical agents and impact munitions. This allows officers to address a threat from a greaterdistance and provides an alternative option for deadly force when reasonable. The bean bag shotgunalso allows officers to confront a potentially armed or dangerous suspect at a longer distance. This canpotentially prevent a deadly force encounter. When necessary, there is no alternative to these lesslethalweapon systems.Approval for acquiring additional patrol rifles: The Department has increased staffing over the pastseveral years and does not have enough patrol rifles. Patrol rifles are standardissue equipment forofficers. The Department requests authorization to add an additional 10 Colt 11.5" barrel carbineLE6933 patrol rifles to its inventory at the cost of $10,661.10. These are the same type of standardissue patrol rifles currently in the FPD inventory.Approval for acquiring replacement Pepper Ball launchers: Existing FPD Pepper Ball VKS projectilelaunchers are over five years old, and a new launcher has been manufactured by Pepper Ball, the PPC.The PPC was tested and evaluated by the Department in 2021 and found to be easier to operate,lighter, smaller, easier to transport, and simplified overall.The Department is seeking approval to acquire a total of 12 Pepper Ball PPC launchers at a total costof $6,840.36. The acquisition of the 12 PPC launchers will include the tradein of the Department'sseven older VKS launchers. This will increase the availability of lesslethal tools for Police Officers.The Department is seeking approval to acquire one new Tac SF launcher to replace the SWAT teamVKS launcher for $769.44. The Mobile Field Force Team currently uses tac SF launchers.The Department has numerous Pepper Ball instructors and a supply of proprietary lesslethal roundsand training rounds for the launchers. The cost of replacing and upgrading launchers falls within theexisting Training Budget. Pepper Ball launchers further FPD's ability to use less lethal force options asan alternative to lethal force when feasible.Approval for acquiring lesslethal shotgun specialty ammunition: The Department currently has 64 lesslethal shotguns that were converted from standard shotguns and are in the process of purchasing lesslethal cartridges (bean bag projectiles). The Department seeks authorization to purchase additionallesslethal bean bag shotgun cartridges as needed for training and deployment. The Department seeksto maintain cartridges for duty use and training. Each lesslethal shotgun holds ten cartridges, includingthe sidesaddle. This would result in 640 cartridges needed for deployment. The Department requestsauthorization to purchase up to 2000 training cartridges per year for ongoing annual training. Thecurrent cost of each cartridge is $7.Policy 711 reflects each new piece of equipment listed above. Purchases will be made within theexisting budget.FINANCIAL IMPACTThere are no new financial considerations for existing military equipment and munitions. The purchaseof replacement pepper ball launchers, lesslethal shotgun ammunition, and patrol rifles will come fromthe Police Department Training Budget, account code 011510088319.PUBLIC CONTACT/ADVISORY BODY RECOMMENDATIONIn compliance with AB 481, the Fairfield Police Department issued a press release and posted Policy711 on the Department website on March 4, 2022.

ALTERNATIVE ACTION
Council could deny the recommendation. This action will prevent FPD from using any of the items described above.

STAFF CONTACT
Sam Rowland, Police Lieutenant
(707) 4287702
[email protected]
COORDINATED WITH
City Attorney's Office
ATTACHMENTS:

Description
Proposed Ordinance
California State Assembly Bill 481
Draft Fairfield Police Department Policy 711
REVIEWERS:

Reviewer Action Date
Alexander, Amber Approved 3/28/2022 3:21 PM
Packet Page 435 of 480

CITY OF FAIRFIELD

ORDINANCE NO. 2022-06

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FAIRFIELD ADDING CHAPTER 31 TO THE

FAIRFIELD MUNCIPAL CODE TO ESTABLISH A MILITARY EUIPMENT USE POLICY FOR THE

FAIRFIELD POLICE DEPARTMENT

THE CITY COUNCIL OF THE CITY OF FAIRFIELD DOES ORDAIN AS FOLLOWS:

SECTION 1. Chapter 31 is hereby added to the Fairfield Municipal Code to read as follows:

CHAPTER 31 POLICE DEPARTMENT – FUNDING, ACQUISITION, AND USE OF MILITARY

EQUIPMENT

Article I. In General

31.1.1 Purpose and Intent
A. On September 30, 2021, Governor Gavin Newsom signed into law Assembly Bill 481, relating to the use of military equipment by law enforcement agencies.

B. Assembly Bill 481, codified in California Government Code sections 7070 through 7075, requires law enforcement agencies to obtain approval of the applicable governing body, by an ordinance adopting a “military equipment” use policy, at a regular meeting held pursuant to open meeting laws, prior to taking certain actions relating to the funding, acquisition, or use of military equipment. The term “military equipment” is defined in California Government Code section 7070.

C. Assembly Bill 481 allows the governing body of a city to approve the funding, acquisition, or use of military equipment within its jurisdiction only if it makes specified determinations. The proposed military equipment use policy is found within Fairfield Police Department Policy 711.

31.1.2 Findings and Determinations
A. Fairfield Police Department Policy 711 was published on the Fairfield Police Department’s internet website on March 4, 2022, and will remain on the Department’s website as long as specified military equipment is in use by the Department. Fairfield Police Department Policy 711 meets the requirements of California Government Code section 7070, subdivision (d).

B. Based on the findings above, in addition to the information provided to the City Council at the public meeting, the City Council determines as follows:

1. The military equipment identified in Fairfield Police Department Policy 711 is necessary because there are no reasonable alternatives that can achieve the same objectives of officer and civilian safety.

2. Fairfield Police Department Policy 711 will safeguard the public’s welfare, safety, civil rights, and civil liberties.

Packet Page 436 of 480Attachment 1 Page 1 of 4

ORD. NO. 2022-06

Page 2 ends

Fairfield City CouncilApril 5, 2022

Fairfield City Council
April 5, 2022