PASSED AND ADOPTED this 17th day of May, 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 178 of 345Attachment 1 Page 2 of 2
DocuSign Envelope ID: A2CCD6FO-A9FD-46A3-931 F-CA09312A8D3C
COMMUNICATIONS FACILITY GROUND LEASE AGREEMENT
(2550 HILBORN ROAD, FAIRFIELD)
T his C o m m un ica tio ns Fa cili ty G round Lease ("Lease"), dated as of the latter signature date be lo w ("Ef fective D ate"), is m ad e an d entered into b y a n d b etw e e n the C ITY O F FA IR F IE LD , a m unicipa l co rpo ratio n (here inaft er re fe rred to as "LA N D LO R D "), a nd D IS H W IR EL E S S L.L.C ., a C o lo rad o lim ited liab ili ty co m p a ny (herein a ft e r referred to as "T E N A N T").
1. Prem ises. LA N D LO R D is the ow ne r of that ce rt ain p a rcel of real pro p erty in the C ity of Fairf ie ld , S o lan o Co u nty lo ca ted at 2 550 H ilb o rn R oad id e n tifi ed as A ssesso r's P arce l N o . 0 156-13 0 - 14 0 a n d m o re p a rt icu larly de scribed o n Exh ib it "A " att a che d here to (the "P ro p e rt y"). LA N D LO R D he reb y ag re es to lea se to T E N A N T a nd TE N A N T ag re e s to lease fr om LA N D LO R D , that p o rt io n of the P ro p erty consisting of a n ap p ro xim ate 5' b y 7 ' parcel co nta in ing a p proxim a tely th irty -fi ve {35) square fee t fo r a n e q u ipm ent encl o su re a n d th ree (3 ) p o les n e ed e d to h o ld the anteann as a n d othe r rela ted eq u ip m e n t (co lle ctively the "Land S p ace") a s dep ic ted o n Exh ib it "B " att a ched hereto a nd m ade a part he reo f. In ad d itio n, T E N A N T, a n d its em ployees, co ntracto rs, agents and rep resen tatives, sha ll also have a n o n-exclusive right (th e "R ights-o f-W a y") fo r ing ress a n d e gre ss, se ven (7 ) days a w ee k, tw e nty fo u r (24 ) ho u rs a d ay, o n fo o t o r m o tor veh icl e, incl u d ing trucks over o r a lo n g a rig ht-o f-w ay extending fr o m the designa ted pub lic rig ht-o f-w a y to the Land S pace an d fo r the installati o n a nd m ainte nance o f line s, w ire s, circuits, po les, cab les, co nd u its, a n d pip es and associate d e q u ip m ent, im pro vem en ts, fi xtu res a n d a p purten an ce s fo r utili ty an d sim ilar serv ices ove r, unde r, o r a lo ng a seven hun dred fi ve fo o t (7 0 5 ') w ide are a extend ing fr om the ne arest pub lic rig ht of w ay to the P rem ises (to g ether w ith a n y ad d itio nal easem e nts or rights of w a y describ ed he rein b e lo w ). T h e La nd S pace a n d the Rights of W ay are in itially d escrib ed in E xhib it B a nd a re co lle ctive ly re ferred to as the "P rem ises". "T E N A N T's C o m m u nicatio ns Fa ci lity" m e an s T E N A N T's co m m u n icatio n s fi xt ure s a nd relate d eq u ip m ent, ca b les, a ccesso rie s a nd im p rovem e n ts, w hich m a y incl ud e a su itab le su p po rt struct u re, a sso ci a ted anten nas, eq u ip m e nt she lters o r ca b ine ts a nd fencin g, as w e ll a s an y lines, w ires, cables, circu its, co nd uits, po les, a n d a sso cia ted e qu ip m e nt, im p rovem e n ts , fi xtu res and a p p u rt enan ces fo r a n y utili ty or sim ilar se rv ice s, togethe r w ith a ny o the r item s, fixtures, im p rovem e nts, a nd eq uip m e nt that T E N A N T, in its so le a n d a b so lute d iscretio n, dee m s benefi cial an d/o r n e cessary to TE N A N T 's u se of the P rem ise s.
2. Term . T he in itial term of this Lea se shall be fo r fi ve (5 ) yea rs, su b ject to three (3 ) a utom a tic a n d successive five (5) ye ar exten sio ns, as provide d b e lo w , com m enci ng upo n : (i) the fi rst da y of the m o n th fo llow ing executio n of th is A greem e nt, or (ii) th e fi rst day of the m o nth fo llo w ing the d a te on w h ich T E N A N T receives a p p ro va l of its C ity of Fairfi e ld bu ild ing perm it fo r Its facili ties u p on the P re m ises (as ap plicab le, the "C o m m encem e nt D ate"), w hichever occurs later. T E N A N T shall sub m it fo r a build ing perm it fo r its fa cili ti es upo n the P rem ises no la ter than ninety (90 ) da ys fo llow ing exe cutio n of this Lea se .
In the event that TE N A N T sha ll n o t be in d efa u lt in the perfo rm an ce of a ny term or co nditio n unde r th is Lease, the n this Lease sh a ll au to m a tically b e extend e d fo r three (3 ) ad d itio nal fi ve (5 ) year term s un le ss T E N A N T term ina tes it a t the end of the th en curren t five (5 ) year term b y giving LA N D LO R D w ritte n n o tice of the in tent to term ina te at least six (6 ) m o n ths prio r to the end of the then current 1 Dish Site ID: SFSFO00536B
Packet Page 179 of 345Attachment 2 Page 1 of 32
D o c u S ig n E n v e lo p e ID : A 2 C C D 6 F 0 -A 9 F D -4 6 A 3 -9 3 1 F -C A 0 9 3 12 A 8 O 3 C five (S) year term. During any such renewal period, all of the terms and conditions of this Lease shall remain in full force and effect; provided, however, that the rent for the Premises shall be increased in accordance with the provisions set forth in Paragraph 5, below. After the end of the third extension (if so extended), this Lease will automatically terminate unless both LANDLORD and TENANT have agreed upon new terms and enter into a new lease.
3. Surrender. Upon termination, both parties shall be relieved of any further obligations under this Lease (except for those obligations that survive expiration or termination of this Lease), although each shall continue to have available all remedies for any breach of this Lease occurring prior to the date of termination. Within ninety (90) days following the expiration or termination of this Lease (the "Removal Period"), TENANT shall remove its Communication Facility, including its equipment, personal property, and fixtures (all of which shall remain TENANT's removable personal property whether or not such equipment, property, or fixture is considered a fixture or attachment to real property under applicable law) and restore the Premises to its original condition, reasonable wear and tear and loss by casualty other causes beyond TENANT's control excepted. TENANT shall not remove its underground utilities after the expiration or early termination of this Lease unless LANDLORD provides TENANT with written notice of the requirement to remove such utilities prior to the expiration or upon the early termination of this Lease. TENANT shall pay rent for the period of time during which removal activities occur after termination of this Lease.
4. Contingencies. The parties acknowledge and agree that TENANT's ability to lawfully use the Premises is contingent upon TENANT obtaining all certificates, permits, approvals and other authorizations that may be required by any Governmental Authority in accordance with Applicable Law (collectively, the "Governmental Approvals"). TENANT will endeavor to obtain all such Governmental Approvals promptly. LANDLORD hereby authorizes TENANT, at TENANT's sole cost and expense, to file and submit for Governmental Approvals within sixty (60) calendar days of the Effective Date. LANDLORD shall: (a) cooperate with TENANT in TENANT's efforts to obtain such Governmental Approvals; (b) promptly execute and deliver all documents necessary to obtain and maintain the Governmental Approvals, upon LANDLORD's review and approval; and (c) not take any action that would adversely affect TENANT's ability to obtain and/or maintain the Governmental Approvals. If: (i) any application for Governmental Approvals is rejected, conditioned, materially delayed or otherwise not approved for any or no reason; or (ii) TENANT determines, in TENANT's sole and absolute discretion, that such Governmental Approvals cannot be obtained in a timely and commercially reasonable manner {clauses (i) and (ii) collectively, the "Contingencies"), then, TENANT shall have the right in its sole and absolute discretion to terminate this Agreement immediately upon Notice to LANDLORD, without'penalty or further obligation to LANDLORD (or LANDLORD's affiliates, employees, officers, agents or lenders). If, following the Commencement Date, and through no fault of TENANT, any Governmental Approval issued to TENANT is canceled or is otherwise withdrawn or terminated by the applicable Governmental Authority, then TENANT shall have the right in its sole and absolute discretion to terminate this Agreement upon ninety (90) days' Notice to LANDLORD without penalty or further obligation to LANDLORD (or LANDLORD's affiliates, employees, officers, agents or lenders).
If this Agreement is terminated, this Agreement shall be of no further force or effect (except as set 2 Packet Page 180 of 345Attachment 2 Page 2 of 32
DocuSign Envelope ID: A2CCD6F0-A9FD-4 6A3-931F-CA09312A8D3C forth to the contrary herein). Provided TENANT is not then in default hereunder beyond applicable notice and cure periods, TENANT shall also have the right to terminate this Lease after the initial term and upon any annual anniversary of the Commencement Date provided at least ninety (90) days' prior written notice is given to LANDLORD.
5. Rent. Beginning on the Commencement Date, TENANT agrees to pay to LANDLORD rent, without prior notice or demand by LANDLORD, in the sum of Two Thousand Three Hundred and 00/100 Dollars ($2,300.00) per month in advance on or before the fifth (5th) day of each month during the term of this Lease ("Rent"). Said Rent shall be paid to LANDLORD, without deduction or offset, in lawful money of the United States of America, at 1000 Webster Street, 2nd floor, Fairfield, Califo rnia 94533, or at such other place as LANDLORD may designate, in writing. Notwithstanding the foregoing, LANDLORD and TENANT acknowledge and agree that the initial Rent payment shall be due thirty (30) days after the Commencement Date. By way of illustration of the preceding sentence, if the Commencement Date is January 1, TENANT shall send to LANDLORD the initial rental payments for January 1 by February 1. All payments for any fractional month shall be prorated based upon the number of days during such month that the payment obligation was in force. TENANT shall require receipt of a validly completed IRS appro ved W-9 form (or its equivalent) prior to paying any Rent or any other amount(s) due under this Lease.
Within thirty (30) calendar days after the full execution of this Lease, TENANT shall pay LANDLORD as additional consideration a one-time payment in the amount of Five Thousand and 00/100 Dollars ($5,000.00). TENANT acknowledges that this fee is not applicable against any other charges or fees under this Agreement.
Commencing with the first and every subsequent anniversary of the Commencement Date in which this Lease is in effect, the Rent shall be increased by an amount equal to three percent (3%) of the Rent paid in the immediately preceding year.
6. Use. TENANT shall use the Premises for the sole purpose of constructing, maintaining, and operating TENANT's Communications Facility including without limitation the right to transmit and receive radio frequency and other communications signals, which shall include the right to replace, repair, add, or otherwise modify any or all of TENANT's Communications Facility and the frequencies over which TENANT's equipment operates in accordance with the terms and conditions of this Lease, upon written appro val by Landlord. The subject Communications Facility depicted in the site plan and related drawings appro ved by LANDLORD, a copy of which is attached hereto as Exhibit "B" and hereby incorporated by reference, refers specifically to the fenced-in ground lease area containing cabinets, a generator, and any other equipment necessary for the operation of TENANT's Communications Facility. TENANT shall bear all costs of installing, removing, repairing or replacing its equipment on the Premises. TENANT shall submit its application for permits for the construction of its facilities no later than ninety (90) days following the execution of this Agreement. TENANT must obtain all Govern mental Approvals as well as satisfactory soil boring tests confirming that TENANT's use of the Premises is suitable for the purposes intended herein. TENANT shall have the right to terminate the Lease upon ninety (90) calendar days written notice to LANDLORD if any test, analysis 3 Packet Page 181 of 345Attachment 2 Page 3 of 32
DocuSign Envelope ID: A2CCD6F0-A9FD-4 6A3-931 F-CA09312A8O3C or survey performed prior to signing this Lease is found to be unsatisfactory; or if TENANT otherwise determines that the Premises is no longer technically compatible for its proposed use.
TENANT shall install security fence(s) or wall(s) around the perimeter of the Land Space, in a form reasonably satisfactory to LANDLORD and in accordance with Governmental Approvals, without unreasonable delay or condition, excluding any approved access route(s). TENANT shall endeavor to maintain the Premises free from hazards or risk to the public health, safety or welfare. TENANT shall maintain all of its fences, walls, structures, equipment and any and all other of its personal property on the Premises free of graffiti, and upon fourteen (14) days' written notice by LANDLORD, shall remove or cover any graffiti to LANDLORD's reasonable satisfaction.
At all times throughout the term of this Lease, TENANT's use of the Premises shall be in conformance with, and subject to all Governmental Approvals.
TENANT shall not do or permit anything to be done in or about the Premises nor bring or keep anything therein which will cause cancellation of any of TENANT's insurance policy covering the Premises or part thereof or portion of its contents. TENANT shall not do anything in or about the Premises which will unreasonably obstruct or interfere with the rights of other parties to the Property or injure them or use the Premises for any unlawful purpose. Nor shall TENANT cause or maintain any nuisance in or about the Premises. TENANT shall not commit or suffer to be committed any waste in or upon the Premises.
TENANT agrees at all times to maintain its levels of electromagnetic radiation within all applicable standards established by the Federal Communications Commission and/or any other governmental authority having jurisdiction. TENANT agrees at all times to conduct its operations in such a manner so as to not cause harmful interference which is measurable in accordance with then existing industry standards to any of LANDLORD's pre-existing communications operations. In the event TENANT's equipment causes such interference, and after LANDLORD has notified TENANT in writing of such interference, TENANT will take all commercially reasonable steps necessary to correct and eliminate the interference, including but not limited to, at TENANT's option, powering down such equipment and later powering up such equipment for intermittent testing. In no event will LANDLORD be entitled to terminate this Lease or relocate the equipment as long as TENANT is making reasonable efforts to remedy the interference issue. LANDLORD agrees that LANDLORD and/or any other tenants of the Property who currently have or in the future take possession of the Property will be permitted to install only such equipment that is of the type and frequency which will not cause harmful interference which is measurable in accordance with then existing industry standards to the then existing equipment of TENANT. The parties acknowledge that there will not be an adequate remedy at law for noncompliance with the provisions of this Paragraph and therefore, either Party shall have the right to equitable remedies, such as, without limitation, injunctive relief and specific performance.
LANDLORD agrees to include in any other telecommunication leases for the Property within 1000 feet of the Premises, this same or similar provision requiring such other lessee(s) to avoid causing measurable interference to TENANT's operations hereunder. 4 Packet Page 182 of 345Attachment 2 Page 4 of 32
D o c u S ig n E n v e lo p e ID : A 2 C C D 6 F 0 -A 9 F D -4 6 A 3 -9 3 1 F -C A 0 9 3 12 A 8 D 3 C After the Effective Date, LANDLORD shall not install, or permit any third party to install, any equipment or structures that materially interfere with or restrict the operations of TENANT. Any such material interference shall be deemed a material breach of this Lease by LANDLORD and LANDLORD shall remove the cause of the interference within forty-eight (48) hours of notice. LANDLORD's failure to remove the cause of the interference shall be deemed a Default (as defined in Paragraph 13 below) of this Lease. TENANT shall have the right to exercise all legal and equitable rights and remedies to end the material interference. Notwithstanding anything in this Paragraph to the contrary, this paragraph shall have no force or effect in the event that the City of Fairfield installs, or permits any third party to install, essential public safety equipment or structures, provided that LANDLORD undertakes all commercially reasonable efforts to locate such facilities on the Property in a manner that does not cause measurable interference to TENANT's Communications Facility.
7. Compliance with Applicable Laws. During the term of this Lease, LANDLORD shall maintain the Property in good operating condition and in compliance with all applicable laws, rules, regulations, ordinances, directives, covenants, easements, zoning and land use regulations, and restrictions of record, permits, building codes, and the requirements of any applicable fire insurance underwriter or rating bureau, now in effect or which may hereafter come into effect (including, without limitation, the Americans with Disabilities Act and laws regulating hazardous substances) (collectively "Applicable Laws"). LANDLORD shall not have any obligation to maintain, repair or replace TENANT's Communications Facility except to the extent required due to the acts and/or omissions of LANDLORD, LANDLORD's agents, or contractors. LANDLORD agrees to safeguard TENANT's Communications Facility with the same standard of care it uses to protect its own property, but in no event less than reasonable care. In addition, T~NANT may take all actions necessary, in TENANT's reasonable discretion, to secure and/or restrict access to TENANT's Communications Facility. TENANT shall, with respect to the condition of the Premises and at TENANT's sole cost and expense, comply with (a) all Applicable Laws relating solely to TENANT's specific and unique nature of use of the Premises; and (b) all applicable building codes requiring modifications to the Premises due to the improvements being made by TENANT in the Premises.
8. Alterations and Additions. Installation of all improvements on the Premises shall be at the discretion and option of the TENANT, subject to the governmental authority of the City of Fairfield and all Governmental Approvals, Applicable Laws, regulations, and ordinances, including but not limited to conditions of land use approvals. Subject to-LANDLORD's written consent, which consent shall not be unreasonably conditioned, withheld, or delayed; provided, however that TENANT shall have the right to replace, repair, add or otherwise modify its equipment or any portion thereof with "like-kind" equipment which is the same or smaller size in dimensions and weight, or equipment which is wholly contained within TENANT's equipment shelter and/or cabinets, provided the new or repaired equipment does not expand the square footage of the Premises or increase or add frequencies to the area. Except as set forth above, before commencing any alterations to the Premises that require Governmental Approvals, TENANT shall submit plans and specifications to LANDLORD for the LANDLORD's written. LANDLORD shall provide TENANT with written approval, which approval shall not be unreasonably withheld, conditioned or delayed, or denial, within thirty 5 Packet Page 183 of 345Attachment 2 Page 5 of 32
D o c u S ig n E n v e lo p e ID : A 2 C C D 6 F 0 -A 9 F D -4 6 A 3 -9 3 1 F -C A 0 9 3 12 A 8 D 3 C (30) days from the date TENANT provides LANDLORD with complete plans and specifications.
Notwithstanding the foregoing if LANDLORD does not provide TENANT with written approval or denial within thirty (30) days of any proposed alterations and additions within the Land Space such alternations and additions shall be deemed approved. TENANT shall bear all costs of installing, removing, repairing or replacing its equipment on the Premises. TENANT shall submit its application for a building permit for the construction of its initial facilities within ninety (90) days after TENANT's receipt of approval of its application for land use or zoning approvals.
9. Physical Condition of Prem ises; W aiver. LANDLORD will provide TENANT with a copy of a phase I environmental site assessment, if available, prior to signing this Agreement. Prior to signing this Agreement, T~NANT will have the right to conduct site suitability studies including, without limitation, an environmental assessment of the property, and shall have reasonable access for such purposes. TENANT will defend and indemnify LANDLORD and LANDLORD's partners, affiliates, agents and employees against any and all losses, damages, liabilities, claims and/or costs (including reasonable attorneys' fees and costs) arising from TENANT or TENANT's partners, affiliates, agents, contractors or employees conducting an environmental assessment of the Premises, except to the extent such claims are caused by the negligence or willful misconduct of LANDLORD or any of its agents, employees or contractors.
TENANT will have the right to enter the Premises to survey the Property and perform inspections, provided TENANT has complied with insurance requirements of LANDLORD and signed LANDLORD's form right of entry agreement. In addition to surveying the Premises, TENANT may perform an inspection of the Premises, including surveys, a structural analysis, subsurface boring tests, an environmental site assessment, and any other activities as TENANT may deem necessary, at the sole cost of TENANT. In addition, TENANT may remove samples of the soil from the Premises. Prior to entering the Premises, TENANT shall provide LANDLORD with twenty-four (24) hours advance notice.
TENANT shall provide LANDLORD a copy of any survey, and may provide inspection or environmental report(s) performed on the Premises, upon LANDLORD's request. During TENANT's inspections, temporary security measures shall be placed around the testing area(s). The Premises will be returned to its original condition at the conclusion of the TENANT's inspections. LANDLORD shall not be responsible for the actions of TENANT, or TENANT's partners, affiliates, agents, contractors or employees while they are on the Premises. TENANT will keep the Premises free and clear of any liens arising out of any such entry and indemnify LANDLORD against any liens arising from TENANT or TENANT's partners, affiliates, agents, contractors or employees' acts or omissions.
LANDLORD and TENANT acknowledge that, prior to signing this Lease, TENANT had the opportunity to conduct site suitability studies including, without limitation, an environmental assessment of the Premises. By taking possession of the Premises, TENANT shall be deemed to have accepted the Premises as being in good sanitary order, condition and repair. TENANT shall, at TENANT's sole cost and expense, keep the Premises and all parts thereof in good condition and repair. LANDLORD shall have no obligation whatsoever to alter, improve or repair the Premises, or any part thereof, and the parties hereto affirm that LANDLORD has made no representations to TENANT respecting the condition of the Premises except as specifically set forth herein. 6 Packet Page 184 of 345Attachment 2 Page 6 of 32
D o c u S ig n E n v e lo p e ID : A 2 C C D 6 F 0 -A 9 F D -4 6 A 3 -9 3 1F -C A 0 9 3 12 A 8 D 3 C Notwithstanding the foregoing, LANDLORD shall be responsible for any damage to TENANT's equipment or facilities caused by LANDLORD's activities or omissions.
TENANT acknowledges that TENANT had sufficient time and opportunity to undertake its own due diligence investigations with respect to the condition of the Premises prior to the execution of this Lease by TENANT. As of the Effective Date of this Lease, TENANT shall accept possession of the Premises, in an "as is/where is" condition with no warranty, express or implied, by LANDLORD as to the condition of the soil, its geology, the presence of known or unknown faults, its suitability for the use intended by the TENANT, any onsite soils contamination or any similar matters. Notwithstanding the foregoing, LANDLORD represents (a) there are no liens, judgments or other title matters materially and adversely affecting LANDLORD's title to the Property; (b) there are no covenants, easements or restrictions that prevent the use of the Premises for TENANT's Permitted Use; (c) LANDLORD will comply with all federal, state, and local laws in connection with any substances LANDLORD has brought on to the Property that are identified as toxic or hazardous by any Applicable Law, ordinance or regulation ("Hazardous Substance"); and (d) TENANT's use and quiet enjoyment of the Premises shall not be disturbed. LANDLORD understands and agrees that notwithstanding anything contained in this Agreement to the contrary, in no event shall TENANT have any liability whatsoever with respect to any Hazardous Substance that was on, about, adjacent to, under or near the Property prior to the Effective Date, or that was generated, possessed, used, stored, released, spilled, treated, transported, manufactured, refined, handled, produced or disposed of on, about, adjacent to, under or near the Property by: (1) LANDLORD, its agents, employees, contractors or invitees; or (2) any third party who is not an employee, agent, contractor or invitee of TENANT.
Without limiting the generality of the last sentence of Paragraph 7 above, LANDLORD warrants and agrees that neither LANDLORD nor, to LANDLORD's knowledge, any third party has used, generated, stored or disposed of, or permitted the use, generation, storage or disposal of, any Hazardous Material (as defined below) on, under, about or within the Property in violation of any law or regulation. LANDLORD and TENANT each agree that they will not use, generate, store or dispose of any Hazardous Material on, under, about or within LANDLORD's Property in violation of any law or regulation. LANDLORD and TENANT each agree to defend and indemnify the other and the other's partners, affiliates, agents and employees against any and all losses, liabilities, claims and/or costs (including reasonable attorneys' fees and costs) arising from any breach of any warranty or agreement contained in this Paragraph. "Hazardous Material" shall mean any substance, chemical or waste identified as hazardous, toxic or dangerous in any applicable federal, state or local law or regulation (including petroleum and asbestos). The foregoing indemnity obligation of TENANT shall not apply to environmental compliance obligations or liability arising prior to TENANT's entry onto the Premises, or to violations to the extent attributable to acts of LANDLORD. This environmental indemnity shall survive the expiration or termination of this Lease as to activities taking place or occurring on or about the Premises prior to such expiration or termination.
LANDLORD shall, upon request and at TENANT's cost, provide to TENANT copies of all reports, studies, surveys and other data and information on the Premises which are now in the possession of 7 Packet Page 185 of 345Attachment 2 Page 7 of 32
D o c u S ig n E n v e lo p e ID : A 2 C C D 6 F 0 -A 9 F D -4 6 A 3 -9 3 1F -C A 0 9 3 12 A 8 D 3 C LANDLORD. LANDLORD represents that it has no information disclosable pursuant to California Health and Safety Code§ 25359.7(a).
10 . C la im s A gain st Prem ises. TENANT shall not suffer or permit to be enforced against the Premises, or any part thereof, any mechanic's, materialmen's, contractor's or subcontractor's liens by reason of or in connection with any repairs, alterations, improvements or other work contracted for or undertaken by TENANT. If any lien is filed purporting to be for labor or material furnished or to be furnished at the request ofTENANT, then TENANT shall do all acts necessary to discharge such lien by payment, satisfaction or posting of bond within ninety (90) calendar days of receipt of notice of the same from LANDLORD; provided, that TENANT may contest any such lien if TENANT provides LANDLORD with cash or a letter of credit in the amount of said lien as security for its payment within such ninety (90) day period, and thereafter diligently contests such lien. In the event TENANT fails to deposit the aforementioned security with LANDLORD and fails to pay any lien claim after entry of final judgment in favor of the claimant, then LANDLORD shall have the right to expend all sums reasonably necessary to discharge the lien claim. TENANT agrees to indemnify and hold LANDLORD free and harmless of all liability for any and all such claims and demands, together with payment of LANDLORD's reasonable attorneys' fees and costs and expenses in connection therewith.
11. U tili ties. TENANT shall have the right to connect to, maintain, repair, upgrade, remove or replace existing electrical systems and/or fiber installed at the Property to support TENANT's Communications Facility and shall have the right to install new utility related equipment to service the Premises. TENANT shall install separate meters for TENANT's utility usage. TENANT shall pay the cost of any and all water, electrical, gas or other utility services utilized by TENANT upon the Premises during the term hereof and, unless otherwise required by the local utility service provider, TENANT shall have such utilities installed underground and maintained at TENANT's sole cost and expense, subject to plans and specifications approved in writing by LANDLORD, which approval shall not be unreasonably withheld, conditioned or delayed, or as shown on Exhibit "B" attached hereto.
LANDLORD shall approve or disapprove of same within forty-five (45) days. In the event the LANDLORD does not either: (i) object to the plans in writing, or (ii) furnish the TENANT with written approval, within forty-five (45) calendar days after the date of submission of the plans, LANDLORD will be deemed to have approved them.
12. Tax es. TENANT shall pay, or cause to be paid, before delinquency, any and all taxes levied or assessed and which become payable during the term hereof upon all of TENANT's possessory interest in and to the Premises, leasehold improvements, equipment, fixtures and personal property of TENANT located in or about the Premises. TENANT shall provide LANDLORD with proof of payment of such tax within forty-five (45) days after TENANT's receipt of written request from LANDLORD for such proof of payment. If LANDLORD receives a notice of assessment that imposes taxes or assessments on TENANT's leasehold improvements on the Premises, LANDLORD shall provide TENANT with copies of each such notice immediately upon receipt, but in no event later than thirty (30) days after the date of such notice of assessment. If LANDLORD does not provide such notice or notices to TENANT within such time period, LANDLORD shall be responsible for payment of the tax or 8 Packet Page 186 of 345Attachment 2 Page 8 of 32
DocuSign Envelope ID: A2CCD6F0-A9FD-46A3-931 F-CA09312A8O3C assessment set forth in the notice, and LANDLORD shall not have the right to reimbursement of such amount from TENANT.
13. Holding Over. If TENANT remains in possession of the Premises or any part thereof after the expiration of the Removal Period described in Paragraph 3 above, with the express written consent of LANDLORD, such occupancy shall be a tenancy from month-to-month. In the event that the parties are not in the process of negotiating a new lease or lease extension in good faith, and TENANT remains in possession of the Premises after the expiration of the Removal Period described in Paragraph 3 above without LANDLORD's consent, then the rent then in effect payable from and after the time of the expiration of the Removal Period set forth in Paragraph 3 above shall be equal to one hundred and twenty-five percent (125%) of the rent applicable during the month immediately preceding the expiration or earlier termination of this Lease.
14. Entry by LANDLORD. TENANT hereby agrees that representatives of the LANDLORD, as designated by LANDLORD's City Manager, shall, during normal business hours, have the right to enter the Premises with a representative of TENANT to inspect and determine if same complies with each and every term and condition of this Lease and with all applicable City, County, State and Federal laws, rules, ordinances and regulations relating to applicable building occupancy requirements, if any, and the conduct of TENANT's business, provided LANDLORD gives TENANT (i) no less than four (4) days prior written notice to 5701 South Santa Fe Blvd., Littleton, CO 80120. Any entry to the Premises obtained by LANDLORD, as provided above, shall not, under any circumstances, be construed or deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an eviction ofTENANT from the Premises or any portion thereof. LANDLORD shall, at its sole cost and expense, repair any damage to the Premises caused by its entry onto the Premises.
15. Default. The occurrence of any one or more of the following events shall constitute a default and breach of this Lease by TENANT:
Vacating or abandonment of the Premises by TENANT. "Abandonment" shall mean TENANT has not operated TENANT's equipment at the Premises, for a period of twelve (12) consecutive months or more; provided that LANDLORD acknowledges that the Premises are to be used as an unoccupied equipment shelter and, accordingly, lack of on-site personnel shall not, in and of itself, be deemed to indicate vacation or abandonment;
The failure by TENANT to make any payment of Rent or any other payment required to be made by TENANT hereunder, as and when due, where such failure shall continue for a period of fifteen (15) business days after TENANT's receipt of written notice thereof by LANDLORD to TENANT, return receipt requested;
A failure by TENANT to observe or perform any of the covenants, conditions or provisions of this Lease to be observed or performed by TENANT, other than as described in Paragraph 14 above, where such failure shall continue for a period of thirty (30) days after TENANT's receipt of mailed written notice thereof by LANDLORD to TENANT, return receipt requested; provided, however, that if the nature of the default involved is such that more than thirty (30) days are reasonably required for its cure, then 9 Packet Page 187 of 345Attachment 2 Page 9 of 32
DocuSign Envelope ID: A2CCD6F0-A9FD-46A3-931 F-CA09312A8D3C TENANT shall not be deemed to be in default ifTENANT commences such cure within such thirty (30) day period and thereafter diligently prosecutes said cure to completion; or The making by TENANT of any general assignment or general arrangement for the benefit of creditors, or the filing by or against TENANT of a petition to have TENANT adjudged a bankrupt, or a petition for reorganization or arrangement under any law relating to bankruptcy (unless, in the case of a petition filed against TENANT, the same is dismissed within sixty (60) days); or the appointment of a trustee or a receiver to take possession of substantially all of TENANT's assets located in or about the Premises or of TENANT's interest in this Lease, where possession is not restored to TENANT within thirty (30) days; or the attachment, execution or other judicial seizure of substantially all of TENANT's assets located in or about the Premises or of TENANT's interest in this Lease, where such seizure is not discharged in thirty (30) days.
In the event there is a breach by LANDLORD with respect to any of the provisions of this Lease or its obligations under it, TENANT shall give LANDLORD written notice of such breach. After receipt of such written notice, LANDLORD shall have thirty (30) days in which to cure any such breach, provided LANDLORD shall have such extended period as may reasonably be required beyond the thirty (30) days if the nature of the cure is such that it reasonably requires more than thirty (30) days and LANDLORD commences the cure within the thirty (30) day period and thereafter continuously and diligently pursues the cure to completion. TENANT may not maintain any action or effect any remedies for default against LANDLORD unless and until LANDLORD has failed to cure the breach within the time periods provided in this Paragraph. Notwithstanding the foregoing to the contrary, it shall be a default under this Lease if LANDLORD fails, within five (S) days after receipt of written notice of such breach, to perform an obligation required to be performed by LANDLORD if the failure to perform such an obligation interferes with TENANT's ability to conduct its business on the Property; provided, however, that if the nature of LANDLORD's obligation is such that more than five (S) days after such notice is reasonably required for its performance, then it shall not be a default under this Lease if performance is commenced within such five (5) day period and thereafter diligently pursued to completion.
The occurrence of the following events shall also constitute a default and breach of this Lease by LANDLORD:
The making by LANDLORD of any general assignment or general arrangement for the benefit of creditors, or the filing by or against LANDLORD of a petition to have LANDLORD adjudged a bankrupt, or a petition for reorganization or arrangement under any law relating to bankruptcy (unless, in the case of a petition filed against LANDLORD, the same is dismissed within sixty (60) days); or the appointment of a trustee or a receiver to take possession of substantially all of LANDLORD assets located in or about the Premises or of LANDLORD interest in this Lease, where possession is not restored to LANDLORD within thirty (30) days; or the attachment, execution or other judicial seizure of substantially all of TENANT's assets located in or about the Premises or of LANDLORD interest in this Lease, where such seizure is not discharged in thirty (30) days. 10 Packet Page 188 of 345Attachment 2 Page 10 of 32
D o c u S ig n E n v e lo p e ID : A 2 C C D 6 F 0 -A 9 F D -4 6 A 3 -9 3 1 F -C A 0 9 3 12 A 8 D 3 C
16. Remedies in Default. In the event of any such material default or breach by TENANT which remains uncured after the expiration of all applicable notice and cure periods, LANDLORD may at any time thereafter and without notice or demand and, without limiting LANDLORD in the exercise of a right or remedy LANDLORD may have by reason of such default or breach:
16.1 Terminate TENANT's right to possession of the Premises by any lawful means, in which case this Lease shall terminate and TENANT shall immediately surrender possession of the Premises to LANDLORD. In such event, LANDLORD shall be entitled to recover from TENANT all damages actually and reasonably incurred by LANDLORD by reason ofTENANT's default including, but not limited to, the cost of recovering possession of the Premises, including necessary renovation and alteration of the Premises, for reasonable attorneys' fees and costs, and the amount by which the unpaid rent for the balance of the term, after the time of court award, exceeds the amount of such rental loss for the same period that TENANT proves could be reasonably avoided. Unpaid installments of rent or other sums shall bear interest from due date thereof at the rate of five percent (5%) per annum or at the maximum legal rate then in effect in California, whichever is lower. In the event TENANT shall have abandoned the Premises, LANDLORD shall have the option of: (1) taking possession of the Premises and recovering from TENANT the amount specified in this subparagraph, or (2) proceeding under the provisions of the following subparagraphs'
16.2 Maintain TENANT's right to ,possession, in which case this Lease shall continue in effect whether or not TENANT shall have abandoned the Premises. In such event, LANDLORD shall be entitled to enforce all of LANDLORD's rights and remedies under this Lease, including the right to recover rent as it becomes due hereunder;
16.3 Pursue any other remedy now or hereafter available to LANDLORD under the laws or judicial decisions of the State of California. Furthermore, TENANT agrees that no election by LANDLORD as to any rights or remedies available hereunder or under or pursuant to any law or judicial decisions of the State of California shall be binding upon LANDLORD until the time of trial of any such action or proceeding. Notwithstanding the provisions of Section 14.A, above, if an event of default by TENANT occurs, LANDLORD shall not have the right, prior to the termination of this Lease by a court of competent jurisdiction, to re-enter the Premises and/or remove persons or property therefrom.
Notwithstanding any provision herein to the contrary, a revocation of any regulatory approval, shall not constitute an electable remedy for purposes of this Paragraph 16.
17. Eminent Domain. If all or any portion of the Premises is condemned, taken by a Governmental Authority or otherwise appropriated by the exercise of the right of eminent domain or a deed or conveyance in lieu of eminent domain (each, a "Taking"), either Party hereto shall have the right to terminate this Agreement immediately upon Notice to the other Party. If either Party elects to terminate this Agreement, the Rent set forth herein shall be abated, and TENANT's liability therefor will cease as of the date of such Taking, this Agreement shall terminate as of such date, and any prepaid rent shall be returned to TENANT. If this Agreement is not terminated as herein provided, then it shall continue in full force and effect, and LANDLORD shall, within a reasonable time after possession is physically taken by the condemning authority restore the remaining portion of the 11 Packet Page 189 of 345Attachment 2 Page 11 of 32
D o cu S ig n E n v e lo p e ID : A 2 C C D 6 F 0 -A 9 F D -4 6 A 3 -9 3 1 F -C A 0 9 3 12 A 8 D 3 C Premises to render it reasonably suitable for the uses permitted by this Agreement and the Rent shall be proportionately and equitably reduced. Notwithstanding the foregoing, LANDLORD shall not be obligated to expend an amount greater than the proceeds received from the condemning authority less all expenses reasonably incurred in connection therewith (including attorneys' fees) for the restoration. All compensation awarded in connection with a Taking shall be the property of LANDLORD, provided that if allowed under Applicable Law, TENANT may apply for and keep as its property a separate award for (i) the value ofTENANT's leasehold interest; (ii) the value of TENANT's Communications Facility or other personal property of TENANT; (iii) TENANT's relocation expenses; and (iv) damages to TENANT's business incurred as a result of such Taking. TENANT, as a material part of the consideration for its rights hereunder, hereby waives any claim against LANDLORD to which it may be entitled under federal or state relocation laws for benefits upon the termination or early termination of this Lease in accordance with its terms.
18. Estoppel Certificate. TENANT shall, at any time and from time to time upon not less than sixty (60) calendar days' prior written notice from LANDLORD, execute, acknowledge and deliver to LANDLORD a statement in writing (a) certifying that this Lease is unmodified and in full force and effect or, if modified, stating the nature of such modification and certifying that this Lease, as so modified, is in full force and effect and the date to which the rental and other charges are paid in advance, if any, and (b) acknowledging that there are not, to TENANT's knowledge, any uncured defaults on the part of LANDLORD hereunder, or specifying such defaults if any are claimed. Any such statement may be relied upon by any prospective purchaser or encumbrancer of all or any portion of which the Premises are a part.
19. Assignment and Subletting. TENANT shall not assign or otherwise transfer all or any part of its interest in the Premises, this Lease, or any right hereunder to any other party or parties nor without first obtaining the written consent of LANDLORD, which consent shall not be unreasonably withheld, conditioned or delayed. Any assignment of the Premises without such prior written consent shall be voidable by LANDLORD and LANDLORD may, at its option, declare a forfeiture of the same in any manner provided by law. Notwithstanding the foregoing, this Lease may be assigned or transferred by TENANT without any approval or consent of LANDLORD to TENANT's parent company, its member, any subsidiary or Affiliate or to any successor-in-interest or to any entity which acquires all or substantially all ofTENANT's assets in the market defined by the Federal Communications Commission (FCC) in which the premises are located. No change of stock ownership, partnership interest or control of TENANT or transfer upon partnership or corporate dissolution of TENANT shall constitute an assignment hereunder.
TENANT shall not sublet all or any portion of the Premises without first obtaining the written consent of LANDLORD. Future carriers wishing to sublet or co-locate space on TENANT's facilities shall first obtain a ground lease from LANDLORD to house such carriers' own equipment and obtain any necessary access easement, after which time they may execute a sublease from the TENANT for space on TENANT's facilities on the Premises subject to LANDLORD's prior written consent as to the form of sublease. LANDLORD shall be entitled to share in the proceeds from any such subletting. LANDLORD's 12 Packet Page 190 of 345Attachment 2 Page 12 of 32
D o c u S ig n E n v e lo p e ID : A 2 C C D 6 F 0 -A 9 F D -4 6 A 3 -9 3 1 F -C A 0 9 3 12 A 8 D 3 C sha re sha ll be agreed upon by LA N D LO RD and TEN A N T at the tim e TENA N T seeks LANDLO RD 's co nse n t.
20. Non-Disturbance. LA N D LO R D w ill pro vide TEN A N T w ith an agreem ent from the holder of any gro u nd le ase o r deed of trust or other m o netary encum brance aff ecting the Prem ises that such holder ag re e s to reco g n ize TEN A N T'S leaseho ld in the event such holder acquires the Prem ises, thro ugh fo re cl osure o r oth erw ise. If LA N D LO R D defa ults in the paym e nt of any such obligation, TENAN T m ay, at its sole o ption , cure or co rrect such defa ults and deduct fr om the annual rental the sum s paid to cure o r co rrect su ch defa ults.
21. Attorneys' Fees. In the event that any action or pro ceeding is bro ught by either party to enfo rce an y term or provisio n of this Lease, the prevailing party shall recover its reasonable att orn eys' fee s and co sts in curred w ith respect thereto, both at trial and on appeal, in addition to all other sum s allow ed by law .
22. Fixtures. A ll trade fixtures and/or tem po rary fa cilities installed in or on the Prem ises by TEN A N T m ay be rem oved by TEN A N T at any tim e during the term of this Lease so long as the sam e m ay be re m oved w ithout perm anent dam age to the Prem ises. TENA N T shall repair all dam age w hich m ay result th erefr om to the reaso n ab le satisfa ctio n of LA ND LO RD.
23. Limitation of Liability. EX C EPT FO R EA C H PA RTY 'S IN D EM N IFICA TIO N O BLI G ATIO NS SET FO R T H BELO W IN TH IS SEC T IO N 9, N EIT H ER PA RTY NO R A NY O F ITS A G EN TS, CO NTR ACTO RS OR
EM P LO Y EES, SH A LL BE LI A B LE TO TH E O T H ER PA RTY O R A NY PER SO N CLA IM ING THRO UG H TH AT
PA R T Y FO R A N Y EX EM PLA RY, SPEC IA L, IN C ID EN TA L OR CO N SEQ UENTIA L DA M AGES FO R ANY CAUSE
W H A TSO EV ER , IN C LU D IN G , W IT H O U T LI M IT A TIO N, CLA IM S CA USED BY O R RESU LTIN G FRO M TH E
N EG LI G EN C E, G R O SS N EG LI G EN C E O R W ILLFUL M ISCO N D UCT O F TH A T PARTY, ITS AGENTS, C O N T R A C TO R S O R EM PLO Y EES.
24. Indemnification.
24 .1 TEN A N T's Ind em nity. Except to the extent caused by the negligence or w illful m iscon d u ct of LA N D LO R D , its offi cers, agents, em ployees, contractors, or any other person or entity fo r w ho m LA N D LO R D is legally respo nsib le, TEN A N T shall defend, indem nify and hold LAND LO RD and its o ffi cers, d irectors, shareho lders, em p loyees, agents and representatives ("LAN DLO RD 'S Re p rese ntative s") harm less fr om and against any and all cl aim s, dem ands, litigation, sett lem ents, ju d g m e nts, da m ages, liabilities, co sts and expenses (incl uding, w ithout lim itation, reasonable att o rn eys' fee s) (individually or co llectively, a "C laim ") arising directly or indirectly out of: (i) any act or o m issio n of T EN A N T , its offi cers, agents, em ployees, co ntractors, or any other person or entity fo r w ho m T EN A N T is legally respo nsib le ("TEN A N T's Rep resentatives"); or (ii) a breach of any repre se ntatio n , w arranty or covenant of TEN A NT contained or incorporated in this Lease. TENAN T's ob ligatio ns unde r this paragrap h shall survive the expiratio n or earlier term ination of this Lease fo r tw o (2 ) ye ars. TEN A N T agrees to defend, indem nify and hold LA ND LO RD and its elected officials, offi cers, ag e n ts and em ployees fr ee and harm less fr om all cl aim s and liabilities fo r dam age to persons or pro pert y resulting fr om or arising out of all operatio ns of TENA N T, its em ployees, contractors or 13 Packet Page 191 of 345Attachment 2 Page 13 of 32
DocuSign Envelope ID: A2CCD6F0-A9FD-4 6A3-931 F-CA09312A8D3C agents, except to the extent such claims or liabilities are due to or caused by the negligence or willful misconduct of LANDLORD, or its employees, contractors or agents.
24.2 Landlord's Indemnity. Except to the extent caused by the by the negligence or willful misconduct of TENANT or TENANT's Representatives, LANDLORD shall defend, indemnify and hold TENANT and TENANT's Representatives harmless from and against any and all Claims arising directly or indirectly out of: (i) any act or omission of LANDLORD, its officers, agents, employees, contractors or any other person or entity for whom LANDLORD is legally responsible; (ii) a breach of any representation, warranty or covenant of LANDLORD contained or incorporated in this Agreement; and/or (iii) the generation, possession, use, storage, presence, release, spill, treatment, transportation, manufacture, refinement, handling, production and/or disposal of Hazardous Substances in, on, about, adjacent to, under or near the Premises and/or the Property, and/or any contamination of the Premises and/or the Property by any Hazardous Substance, but only to the extent not caused by TENANT or TENANT's Representatives. LANDLORD's obligations under this paragraph shall survive the expiration or earlier termination of this Lease for two (2) years.
24.3 Indemnification Procedure. The Party seeking indemnification (the "Indemnified Party") shall promptly send Notice to the Party from whom indemnification is being sought (the "Indemnifying Party") of the claim or suit for which indemnification is sought. The Indemnified Party shall not make any admission as to liability or agree to any settlement of or compromise any claim without the prior written consent of the Indemnifying Party. The Indemnified Party shall, at the Indemnifying Party request and expense, give the Indemnifying Party all reasonable assistance in connection with those negotiations and litigation.
25. Insurance.
25.1 Fire and Extended Coverage. Throughout the term hereof, at TENANT's sole cost and expense, TENANT shall keep or cause to be kept insured, all improvements located on or appurtenant to the Premises against loss or damage by fire, flood, earthquake and such other risks as are now or hereafter included in an extended coverage endorsement in common use for such structures, including vandalism and malicious mischief. The amount of insurance shall be the then replacement cost, excluding costs of replacing excavations and foundations but without deduction for depreciation (herein called "full insurable value"). LANDLORD shall not carry any insurance the effect of which would be to reduce the protection or payment to TENANT under any insurance that this Lease obligates TENANT to carry.
25.2 Commercial General Liability Insurance. Throughout the term hereof, at TENANT's sole cost and expense, TENANT shall keep or cause to be kept in full force and effect, for the mutual benefit of TENANT, and LANDLORD as an additional insured, commercial general liability insurance against claims and liability for personal injury, death, property damage and/or automobile liability arising from the use, occupancy, disuse, or condition of the Premises, improvements, or adjoining areas or ways, providing protection of at least One Million and 00/100 Dollars ($1,000,000.00) per occurrence for personal injury or death, and at least Five Hundred Thousand and 00/100 Dollars 14 Packet Page 192 of 345Attachment 2 Page 14 of 32
DocuSign Envelope ID: A2CCD6F0-A9FD-4 6A3-931 F-CA09312A8O3C ($500,000.00) for property damage. Any policies containing an annual general aggregate shall contain an annual general aggregate of at least twice the per occurrence policy limit.
25.3 Policy Form. Contents and Insurer .. All insurance required by express provision of this Lease shall be carried only in responsible insurance companies licensed to do business in the State of California with a current A.M. Best rating of no less than A Minus: VII. Except as otherwise agreed upon in writing by LANDLORD, the insurance program shall provide that: (1) the liability policies are primary and noncontributing with any insurance that may be carried by LANDLORD as relates to TENANT's operations; (2) the policies cannot be canceled except after thirty (30) days' notice by the insurer or the insurer's representative to LANDLORD; (3) the LANDLORD, and each of its elected officials, officers and employees are additional insureds on the general and automobile liability insurance policies; (4) any errors or omissions by TENANT including breaches of warranties shall not affect the required coverage; and (5) the required liability insurance applies separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. TENANT shall furnish LANDLORD with copies of all certificates evidencing the insurance.
TENANT may effect for its own account any insurance not required under this Lease.
25.4 Maintenance of Insurance; Proof of Compliance. TENANT shall deliver to LANDLORD, in the manner required for notices, insurance certificates required by this Lease, within the following time limits: (1) For insurance required at the commencement of this Lease, within ten (10) days after execution of this Lease and prior to TENANT's occupancy of the Premises (2) For reasonable insurance becoming required at a later date, at least ten (10) days before that requirement takes effect, or as soon thereafter as the requirement, if new, takes effect (3) For any renewal or replacement of a policy already in existence with the expiration of the existing policy. lfTENANT fails or refuses to procure or maintain insurance as required by this Lease, or fails or refuses to furnish LANDLORD with required proof that the insurance has been procured and is in full force and paid for, and does not cure such failure within thirty (30) of receipt of written notice thereof, LANDLORD shall have the right, at LANDLORD's election and on five (5) business days' notice, to procure and maintain such insurance.
The premiums paid by LANDLORD shall be treated as added rent due from TENANT with interest at the rate of eight percent (8%) per year or the maximum allowable legal rate in effect in the State of California on the date when the premium is paid, whichever is higher, to be paid on the first day of the month following the date on which the premium was paid. LANDLORD shall give TENANT prompt notice and provide TENANT with a certificate of insurance and agent's invoice evidencing payment of such premiums, stating the amounts paid and the names of the insurer or insurers, and interest shall run from the effective date of coverage.
25.5 Waiver of Subrogation. To the fullest extent permitted by law, LANDLORD and TENANT for themselves and any and all parties claiming under or through them, including, without limitation, their respective insurers, hereby mutually release and discharge each other and the other's Affiliates, and their respective officers, directors, shareholders, agents, employees, contractors, and/or any other person or entity for whom a Party is legally responsible from any claims for damage to any person or to the Premises or any other real or personal property that are or are claimed to have been caused by or result from risks insured against under any insurance policies carried by the 15 Packet Page 193 of 345Attachment 2 Page 15 of 32
DocuSign Envelope ID: A2CCD6F0-A9FD-4 6A3-931 F-CA09312A8D3C waiving party and in force at the time of such damage and hereby waive any right of subrogation that might otherwise exist in or accrue to any person on account thereof. All policies required to be carried by either Party herein shall contain an endorsement in favor of the other Party waiving the insurance company's right of subrogation against such other Party. THIS RELEASE SHALL APPLY EVEN IF THE LOSS
OR DAMAGE IS CAUSED BY THE FAULT OR NEGLIGENCE OF A PARTY HERETO OR BY ANY PERSON FOR WHICH SUCH PARTY IS RESPONSIBLE. EACH PARTY AGREES TO NOTIFY ITS INSURANCE CARRIER(S) OF THIS PROVISION. "Affiliate(s)" means, with respect to a party, any person or entity, directly or indirectly, controlling, controlled by, or under common control with such party, in each case for so long as such control continues. For purposes of this definition, "control" shall mean (i) the ownership, directly or indirectly, or at least fifty percent (50%) of either: (a) the voting rights attached to issued voting shares; or (b) the power to elect fifty percent (50%) of the directors of such entity, or (ii) the ability to direct the actions of the entity. Notwithstanding the preceding, for purposes of this Lease, Echostar Corporation and its direct and indirect subsidiaries shall not be deemed to be "Affiliates" of TENANT unless after the Effective Date any such entity qualifies as a direct or indirect subsidiary of DISH Network Corporation.
25.6 Primary Coverage. For any claims related to this Lease, TENANT's insurance coverage shall be primary coverage as respect to the LANDLORD, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by LANDLORD, its officers, officials, employees or volunteers shall be excess of the TENANT'S insurance and shall not contribute with it.
25.7 Additional Insured Status. The LANDLORD, its officers, officials, employees and volunteers are to be covered as additional insureds on the CGL and Auto Liability policies with respect to liability arising out of work or operations performed by or on behalf of the TENANT including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the TENANT'S insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used).
26. Authority of Parties. Each individual executing this Lease on behalf of each party represents and warrants that he or she is fully authorized to execute and deliver this Lease on behalf of such party and that this Lease is binding upon such party in accordance with its terms. Nothing in this Lease shall be construed to limit or affect in any way the authority of the City of Fairfield acting in its capacity as a municipal government. Nothing in this Lease shall be construed to affect TENANT's obligation to obtain the applicable permits and approvals that may be required by the City of Fairfield acting in its capacity as a municipal government.
27. Waiver. The waiver by a party to this Lease of any term, covenant or condition herein contained shall not be deemed to be a waiver of such term, covenant or condition on any subsequent breach of the same or any other term, covenant or condition herein contained. The subsequent acceptance of rent hereunder by LANDLORD shall not be deemed to be a waiver of any preceding breach by TENANT of any term, covenant or condition of this Lease, other than the failure of the 16 Packet Page 194 of 345Attachment 2 Page 16 of 32
DocuSign Envelope ID: A2CCD6F0-A9FD-4 6A3-931 F-CA09312A8O3C TENANT to pay the particular rental so accepted, regardless of LANDLORD's knowledge of such preceding breach at the time of acceptance of such rent.
28. Time. Time is of the essence of this Lease and each and all of its provisions in which performance is a factor.
29. Late Charges. TENANT hereby acknowledges that late payment by TENANT to LANDLORD of rent or other sums due hereunder will cause LANDLORD to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges. Accordingly, if any installment of rent or of a sum due from TENANT shall not be received by LANDLORD within thirty (30) days after TENANT'S receipt of written notice that said amount is past due, then TENANT shall pay to LANDLORD a late charge equal to five percent (5%) of such overdue amount. The parties hereby agree that such late charges represent a fair and reasonable estimate of the cost that LANDLORD will incur by reason of the late payment by TENANT. Acceptance of such late charges by LANDLORD shall in no event constitute a waiver of TENANT's default with respect to such overdue amount, nor prevent LANDLORD from exercising any of the other rights and remedies granted hereunder.
30. Force Majeure. Notwithstanding anything to the contrary in this Lease, neither party shall be liable to the other party for nonperformance or delay in performance of any of its obligations under this Lease due to causes beyond its reasonable control, including, without limitation, strikes, lockouts, pandemics, labor troubles, acts of God, accidents, technical failure governmental restrictions, insurrections, riots, enemy act, war, civil commotion, fire, explosion, flood, windstorm, earthquake, natural disaster or other casualty ("Force Majeure"). Upon the occurrence of a Force Majeure condition, the affected party shall immediately notify the other party with as much detail as possible and shall promptly inform the other party of any further developments. Immediately after the Force Majeure event is removed or abates, the affected party shall perform such obligations with all due speed. Neither party shall be deemed in default of this Lease to the extent that a delay or other breach is due to or related to a Force Majeure event. A proportion of the Rent herein reserved, according to the extent that such Force Majeure event shall interfere with the full enjoyment and use of the Premises, shall be suspended from the date of commencement of such Force Majeure event until the date that such Force Majeure event subsides. If such Force Majeure event prevents the affected party from performing its obligations under this Lease, in whole or in part, for a period of forty-five (45) or more calendar days, then either party may terminate this Lease immediately upon Notice to the affected party.
31. Rights Upon Sale of Property. Should LANDLORD, at any time during the Term, sell or transfer all or any part of the Property to a purchaser other than TENANT, such transfer shall be subject to this Agreement and LANDLORD shall require any such purchaser or transferee to recognize TENANT's rights under the terms of this Agreement in a written instrument signed by LANDLORD and the third- party transferee. If LANDLORD completes any such transfer without executing such a written instrument, then LANDLORD shall not be released from its obligations to TENANT under this Agreement, and TENANT shall have the right to look to LANDLORD and the third party for the full 17 Packet Page 195 of 345Attachment 2 Page 17 of 32
DocuSign Envelope ID: A2CCD6F0-A9FD-4 6A3-931 F-CA09312A8O3C performance of this Agreement. In addition to, and not in limitation of the preceding, in the event the LANDLORD sells or transfers either its rights in all or any portion of the Premises or LANDLORD's right to the receive the Rent (and other payments) derived from the Premises under this Agreement, in either case separate from the underlying Property, to any third party who is not an Affiliate of LANDLORD, then prior to any such sale or transfer LANDLORD shall first provide TENANT with a right of first refusal ("ROFR") to acquire such right(s). In order to evaluate the terms and conditions offered to LANDLORD by such third party LANDLORD shall provide TENANT with a full, complete and unredacted copy thereof and TENANT shall have thirty (30) days from receipt thereof to elect to exercise its ROFR; provided that TENANT's exercise of the ROFR shall be on the same terms and conditions as offered to LANDLORD by such third party (except as may be mutually agreed upon to the contrary).
32. Signs and Lights. TENANT shall not place any sign upon the Premises without LANDLORD's prior written consent and approval thereof, except as otherwise required by law. Notwithstanding the foregoing, TENANT shall post a sign on the Premises setting forth emergency contact information including a "24/7" telephone number at which a representative of TENANT is available. This telephone number shall also be available for any person to report the presence of graffiti on the Premises and upon receipt of such information, TENANT shall respond as required herein. TENANT shall not illuminate its equipment shelter or appurtenances unless required by law or as may be approved in writing by LANDLORD.
33. Relocation of TENANT's Facilities. LANDLORD may relocate TENANT's facilities or any portion thereof to another location on LANDLORD's Property (the "Relocation Premises"), mutually approved by the parties, subject to the following provisions: (i) LANDLORD may only relocate TENANT one time during this Lease following the expiration of the initial Term; (ii) LANDLORD must give TENANT not less than eighteen (18) months' prior written notice; (iii) all reasonable costs and expenses associated with or arising out of such relocation (including costs associated with any required zoning approvals and other Governmental Approvals and costs for Tests of the Relocation Premises) shall be paid by LANDLORD; (iv) such relocation will be performed exclusively by TENANT or its agents; and (v) the Relocation Premises shall be similar to TENANT's current Premises in size and compatible for TENANT's use in TENANT's sole discretion. If necessary, in TENANT's sole determination, TENANT may elect to install a temporary equipment shelter in another mutually agreeable location on the Property that provides TENANT coverage and service levels similar to those of the Premises at the original location; provided, however, that such installation is subject to the prior written consent of LANDLORD. LANDLORD will exercise its relocation right by delivering written notice pursuant to the terms of this Lease to TENANT. In the notice, LANDLORD will identify the proposed Relocation Premises on LANDLORD's Property. LANDLORD and TENANT hereby agree that a survey (prepared at the sole cost and expense of LANDLORD) of the Relocation Premises (including the access and utility easements) will supplement Exhibit B hereto and become a part hereof pursuant to a lease amendment that will be entered into between the parties, and the Relocation Premises shall thereafter be considered the Premises for all purposes hereunder. If, in TENANT's reasonable judgment, no suitable Relocation Premises can be identified, then TENANT shall have the right to 18 Packet Page 196 of 345Attachment 2 Page 18 of 32
DocuSign Envelope ID: A2CCD6F0-A9FD-4 6A3-931F-CA09312A8O3C terminate this Lease upon thirty {30) days written notice to LANDLORD, without penalty or further obligation.
34. Confidentiality. Unless required by law, including the California Public Records Act, subpoena, court order, or other law or regulation, neither party to this Lease shall disclose the terms of this Lease or any information provided by the other that is not otherwise publicly available, without the other party's prior, written consent.
35. Successors. Subject to the provisions of this Lease with respect to assignment and subletting, each and all of the covenants and conditions of this Lease shall be binding on and shall inure to the benefit of the successors of the respective parties.
36. Notices. Except where otherwise required herein, any notice required or permitted under the terms of this Lease shall be deemed served and validly given if sent by certified mail, return receipt requested or by commercial courier, provided the courier's regular business is delivery service and provided further that it guarantees delivery to the addressee by the end of the next business day following the courier's receipt from the sender, addressed as follows (or any other address that the party to be notified may have designated to the sender by like notice):
If to LANDLORD:
City of Fairfield
1000 Webster Street
Fairfield, CA 94533
Attn: Director of Community Development
If to TENANT:
DISH Wireless L.L.C.
Attn: Lease Administration
5701 South Santa Fe Blvd.
Littleton, Colorado 80120
With a copy to:
David Lim
City Attorney
Richards, Watson & Gershon
44 Montgomery Street, Suite 3800
San Francisco, CA 94104
37. Execution by LANDLORD Not a Waiver. TENANT understands and agrees that LANDLORD, by entering into and executing this Lease, shall not have waived any right, duty, privilege, obligation or authority vested in the City of Fairfield to approve, disapprove or conditionally approve any application which TENANT may be required to make under any laws, rules, ordinances or regulations now or hereafter in effect which said City may be empowered to apply, including, but not limited to any use permit, wireless permit or approval, whether similar in nature or not.
38. Entire Agreement. This Lease contains the entire agreement between the parties. No promise, representation, warranty, or covenant not included in this Lease has been or is relied on by either party. Each party has relied on its own examination of this Lease, the counsel of its own advisors, and the warranties, representations, and covenants in this Lease itself. The failure or refusal 19 Packet Page 197 of 345Attachment 2 Page 19 of 32
DocuSign Envelope ID: A2CCD6F0-A9FD-4 6A3-931 F-CA09312A8D3C of either party to inspect the Premises or improvements, to read this Lease or other documents or to obtain legal or other advice relevant to this transaction constitutes a waiver of any objection, contention, or claim that might have been based on such reading, inspection, or advice.
39. Applicable Law and Venue. Any action brought to enforce any provision of this Lease shall be brought in the Superior Court of the County of Solano, and the same shall be governed by the laws of the State of California
40. Recording. LANDLORD agrees to execute a Memorandum of this Lease which TENANT may record with the appropriate recording officer. The date set forth in the Memorandum of Lease is for recording purposes only and bears no reference to commencement of either the Term or rent payments.
41. Counterparts. This Lease may be executed in any number of counterparts, each of which when executed and delivered shall constitute a duplicate original, but all counterparts together shall constitute a single agreement.
42. Severability Clause. In case any provision in this Lease shall be deemed invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired.
43. Incorporation of Exhibits. All exhibits referenced herein and attached hereto are hereby incorporated herein in their entirety by this reference. [Remainder of page intentionally left blank. Signature page follows.] 20 Packet Page 198 of 345Attachment 2 Page 20 of 32
D o c u S ig n E n v e lo p e ID : A 2 C C D 6 F 0 -A 9 F D -4 6 A 3 -9 3 1F -C A 0 9 3 12 A 8 O 3 C W H ER EF O R E, th e parties hereto have entered into this Lease as of the latt er date set fo rth below op po site th e nam e of each signato ry hereto .
"TENANT"
D ISH W ireless L.L.C .,
D ated: L/ [1 / 2-6 2:L I •
"LANDLORD"
C ITY O F FA IRFIELD ,
a m unici pal corpo ration
D ate d : --------- By: _
David G asaw ay, Interim C ity M anager
21 Packet Page 199 of 345Attachment 2 Page 21 of 32
D o c u S ig n E n v e lo p e ID : A 2 C C D 6 F 0 -A 9 F D -4 6 A 3 -9 3 1 F -C A 0 9 3 12 A 8 D 3 C
EXHIBIT A
LEGAL DESCRIPTION OF PROPERTY
PARCEL A
ALL THAT CERTAIN REAL PROPERTY SITUTATE IN TH[ CITV OF FAIRFIELD, COUNTY OF SOLANO, STATE OF CALlf'OR~lA1 DESCRIBED AS FOLLOWS1 BEGINNING AT A POINT lN THt EAST LINE OF THAT CERTAIN PARC£L OE'SCRlBEO lN BOOK 1682, PAGE "484, OF THE OFFICIAL RECORDS OF SOLANO COUNTY, SAID POI~T BEING ON THE NORTH LINE OF PARCEL H, (MARTIN ROAD), AS SAID PARCEL IS SHD!t~ ON YHE PARCEL '4AP RECOROEI), IN 800K 8, PAGE S2, OF THE OFFICIAL RECORDS OF SOLANO COUNTY; THENCE' 1 PROCEEDING ALONG Tl◄E SUISUN RANCHO ANO RANCHO TOLENAS BOUNDARY, NORTH 00° 151 21" EAST 1127.41 FEET TO A POINT, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE PROCtEDlNG CLOCKWISE AROUND SAIO PARCEL A, SOUTH 81° 181 50" WEST, A DISTANCE OF 207,56 FEET; THENCt1 NOATH 30° 611 10" WEST 330.00 FEET; THENCE NORTH 55° lA1 ,o• EAST, A DISTANC( OF ,1s.oo FEET TO A POINT; THENCE, SOUTH 38• 071 ,1• £AST, A DISTANCE OF 108.40 FEET, M-ORE OR LESS, TO A POINT ON 5A!O RANCHO BOUNDARY; THENCE SOUTH 00° 151 21" WEST ,ao.,a FEET, MOR£ OR LESS, TO THE TRUE POINT OF BEGihNING.
SAlO PARCEL A CONTA:NING 2.83 ACRES MORE OR LESS,
PARCEL 8
ALL THMr CERTAIN ~EAL PROPERTV SlrUATE IN THE CITY OF FAIRFIELD, COUNTV OF SO~ANO, STATE OF CALlFORNlA, BEI"G A PORTION OF PARCEL 5, AS SAIO PARCl-:L IS Sl!O'lfN ANC SO OE SIGNATED ON THAT CfRTAIN PARCEL t,tAP, f:'XLEO IN THE 01-"FICE OF' THE RECOA.OEA Of," SOLANO COUNTY OOOK S OF PARCEL MAPS, PAGE P01 MORE PARTICULARLY DESCRIBED AS FCLI.OWS:
BEGlNNlNG AT THE SOUTHEAST CORNER OF THt PARCEL DESCR18EO IN BOOK 1682, PAGE 48~, OF OFFICIAL RECORDS, SOLANO COUNTV, ANO AS SHOWN ON THE: PARCEi. MAP RECORDED IN 800K 8, PAGE :52, OF OFtl.CUL RE~OROS OF SOLANO COUNTY; THENCE, PROCEEDING ALONG THE SUISUN RANCHO ANO RANCHO TOLENAS &OUNOARV, NORTH ooa 151 21" EAST 1127,41 FtET TO A POINT , SAID POINT BtlNG THE TRUE POINT OF BEGINNING; THENCE, CONTINUING ALONG SAID RANCHO BOUNDARY NOATIH 00° 15' 21 ° EAST, A DISTANCE OF 380,58 FE£T TO A POINT; ~HENCE, SOUTH 38° 07' 57" EAST• 4)1,74 FEET; THEMCE SOUTH 81° 181 50~ WEST 271,40 FEET, TO THE TRUE POINT OF OEGINNING. SAID PARCEL BEING TOT/ILLY WITHIN PARCEL 51 AS SHOWN ON PARCEL MAP, RECORDED IN BOOK 5, PACF. 90, OF OFFICIAL RECORDS, SOLANO COUNTY, AND CONTAINING 1,17 ACRES, MORE
OR LESS,
22 Packet Page 200 of 345Attachment 2 Page 22 of 32
DocuSign Envelope ID: A2CCD6F0-A9FD-4 6A3-931F -CA09312A8D3C
PARCEL A EASEMENT
ALL THAT CERTAIN REAL PROPERTY SITUATE IN THE CITY OF FAIRFIELD,
COUNTY OF SOLANO, STATE OF CALIFORNIA, ANO BEING A PORTION OF THE SUISUN RANCHO, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT IN THE EAST LINE OF SAID SUISUN RANCHO, SAID EAST LINE ALSO 8EINO THE EAST LINE OF THAT CERTAIN PARCEL OF LANO DESCRIBED IN BOOK 1682, OFFICIAL RECORDS OF SOLANO COUNTY, PAGE 484, FROM WHICH POINT THE N~RTH£AST CORNER OF PARCEL H, AS SAlD PARCEL IS SHOWN AND SO OESlCNATEO ON THAT CERTAIN PARCEL MAP, FILED IN THE OFFICE OF THE RECORDER OF SOLANO COUNTY, IN BOOK 8 OF PARCEL MAPS, PAGE 52, BEARS SOUTHERLY ALONG SAID EAST LINE OF SUISUN RANCHO, SOUTH 00° 15' 218 WEST 8)9.22 FEET; THENCE1 FROM SAID POINT OF BEGlNNlNG1 SOUTH 58° 451 00" WEST 94,84 FEETI THENCE, SOUTH 64° 301 0011 WEST !SO.DO FEET; THENCE, SOUTH 600 001 00" WEST 109.CO FEET; THENr.~, SOUTH 71° 00' 00" WEST SO.DO FEET; THENCE, NORTH 90° 001 00' WEST 70.00 FEET; THENCE, NORTH 550 JO' 00" WEST 105,00 FEETj THENCE, NORTH 84° )01 00" WEST 67 FEET; THENCE, SOUTK 79° 451 0111 WEST 74.03 FEET TO A POINT IN THE EAST LINE OF PARCEL G, AS SAID ~AnCEL IS SHOWN AND SO DESIGNATED ON THAT CERTAIN rlARCF.:L MAP FlLED IN THE OFF ICE OF THE RECORDER OF SOLANO COUNTV, IN BOOK 8 OF PARCEL MAPS, PAGE NO. ,2; THENCE, NORTHERLY ALONG SAIO EAST LINE OF PARCE:L G1 NORTH 120 28' .54" WEST 47,12 FEET; THENCE1 LEAVI~G SAID EAST LINE OF PARCEL G, NORTH 7S0 021 48" EAST 116.00 FEET; THENCE SOUTH 74° 001 00" EAST 60.00 FEET; THE~CE, SOUTH 65° 001 00" EAST 113.00 FEET; THENCE, NORTH 950 o~• 06n EAST 50.~5 FEET; THENCE, NORTH 62° 461 2411 EAST 260,00 FEET; THENCE, NORTH .56° 301 OO" EAST 133.01 FEET TO A POINT IN SAID EAST LINE OF SUISUN RANCHO; THENCE, SOUTHERLY ALONG SAID EAST LlNl, SOUTH 00° 15' 21" WEST 76,46 FEET TO THE POINT OF BEGINNING, CONTAINING 0.9927 ACRES, MORt OR LESS,
PARCEL B EASEMENT
ALL THAT CERTAIN RfA'. PROPERTY SITUATE IN THE crrv OF FAIRFIELD, COUNTY OF SOLANO, SlATE OF CALIFORNIA, ANO BEING A PORTION OF PARCEt. S OF THAT CERTAIN PARCEL MAP FILEO IN THE OFFIC~ OF THE RECORDER OF SOLANC COU~TV, IN BOOK 5 OF PARCEL MAPS, PAGE NO. 90, DESCRIBED AS FOL.LOWS:
23 Packet Page 201 of 345Attachment 2 Page 23 of 32
D o c u S ig n E n v e lo p e ID : A 2 C C D 6 F 0 -A 9 F D -4 6 A 3 -9 3 1 F -C A 0 9 3 12 A 8 D 3 C PARCEL 8 EASEMENT (CONTlNUEQ)
BEGINNING AT A POI~T IN THE WEST LINE OF SAID PARCil 51 SAIU WEST LlNE ALSO Bt!NG THE WEST LINE Or RANCHO TOLENAS, FROM WHICH POlNT THE NORTHEAST CORNER OF PARCEL H, AS SAIO PARC£L lS SHOWN ANO SO DESIGNRTEO ON THAT CERTAIN PARCEL FILED 1N THE OFFICE OF THE RECORDER OF SOLANO COUNTY t 1N B001( 8 OF J'ARCEL MAPS I PAGE 52 1 BEARS SOUTHERLY ALONG SAID WEST LINE OF RANCHO iOLENAS, SOUTH 00' 151 21" WEST 8)~.22 FEtT; THENCE, FROM SAID POINT OF BEGINNING, NO~THERLV ALONG SAlO WEST llNE OF PARCEL~, NORTH 00° 15' 21" EAST 76,46 F(ET; THENCE, LEAVING SAXO WEST LINE OF PARCF.L S, NORTH 56° 301 oo• EAST 14.99 F£ET; THFNCE. NORTH 4JO ~)• QOb EAST 68.00 FEtT; THENCE, NORTH 27° 161 11" EAST 199.)6 FEET; TH~NCE, NORTH 81° 181 51" EAST 119.71 FEET TO A POINT HEREINAFTER KNOWN AS POINT A; THCNCEi LEAVING SAIO POINi A, SOOTH 32° 451 oo~ WEST 266,00 FEET; THtNCt, SOUTH 45° 001 oou WEST 105.00 FEET; THENCE, SOUTH 58° 451 oo• WEST 60.16 FEET TO THE POINT OF BEGINNING, CONTAINING
0.6252 ACRES, MORE OR LESS
~J.RCEL C EASEMENT
BEGINNING AT POINT A1 AS SAID POINT 1S OESCRIHEO IN PARCEL B, ABOVE; TH~NCE, FROM SAIO POINT OF BEGINNING, NORTH 11° 59' lStt WEST 97.92 FEET; 1HENCt, NORTH )7° 1,1 oo~ WEST 54.00 FEET; TH~NCE, NORTH ~3° 00' 00" WEST 104.58 FEET; THENCE, SOUTH 38° 07• 57" EAST 236.78 FEET TO THE POINT OF BEGINNING, CO~TAIN!NG 0,1454
ACRES, MORE OR LESS,
24 Packet Page 202 of 345Attachment 2 Page 24 of 32
DocuSign Envelope ID : A2CC D6F0-A9FD-4 6A3-931F-CA09312A8O3C Tax Area Code 156-1 J
u,
N
I,. '9"i)'~Ci I .~.~t
1. ~' !::J ~..151
I J ,.:-:.;:6· (: 1:.u5·
1,. ~-'9~'t :!.:;..!1
I 5 M.!$.1:,'_r,i: ,,...,
I 6 ,N.9't1~n, .!7,!Xj'
r.i: .. ,sx· ,. ;o;,o·
e 'JI ,,,n,t ;:_;s •
(-1 5&2-~ ~ I,='
.:.-1 tbi !C"' ~
l 1 i4 fk-£;,s;· ,-1 ro•r
I :5 I.I',,~' 1-I ;:s :;·
: l :: IKiJ'tS'J,,"r I :~,:JI
0: :J I ~-JJ6' ,., 5,1.5' . 1 ·J i.w .15 7ne "I' I !ii '6'1 f ~-,,-r I l6~J ~Y, I ;5.~ ~
.: @ ! ¥ ~
~
~
J ¾
2:,
~~ ~ I•
§ ~
0 1 ~~:J~ ..
~
@ 8 t JO'•., Pf;'c,..'"'1 H 5'-o •~ -n C:..e"o
:J-Jl•l.i f C,
1 l~JA0:1 tC-Jl-,!'1 Cr s._ar "u ~ J-l'f-:5 c,
S8L P(U llo-~ :1-J-:•10V
!R!.\'7S'O"- O,\T( BY
Sli!. il'-t-45- :!!- · ~f (T->J di',<f,,I
e
lX~Yf~ ~'Ot t: f:i-s ::LI?~ to: ~~~~t
;r.,oses col;. It is ao, ialt<ldtd to
defi;e lepl boondary ri(l:l< o, i::ip!y
CO.:D?b2!t~ 111th lan~ di\1.i'!O:l bYS,
CITY OF FAIRFIELD
Assessor's Map Bk. 156 Pg. 1..3
County of Solano, Calif. e
~
Packet Page 203 of 345Attachment 2 Page 25 of 32
D o c u S ig n E n v e lo p e ID : A 2 C C D 6 F 0 -A 9 FD -4 6 A 3 -9 3 1 F -C A 0 9 3 12 A 8 O 3 C
EXHIBIT B
DEPICTION OF PREMISES
26 Packet Page 204 of 345Attachment 2 Page 26 of 32
DocuSign Envelope ID: A2CCD6F0-A9FD-46A3-931 F-CA09312A8D3C • ~s
wireless,.
DISH Wireless LLC. SITE ID:
SFSFO00536B
DISH Wireless LLC. SITE ADDRESS:
2550 HILBORN ROAD
FAIRFIELD, CA 94534
SCOPE OF WORK
'NS S NOT M AU. IICW!a't EDJPtill>ff fWff' OR £>GNEER
ofrAIRCMD mNt,Dff. CClfflUCRJR SMlrU. WMY MJ. NEEDED m.FWENT TO PR0WJE A FUtCn0fW.. SITE ?HE PRQ.ECf ~ 0CICSIS?S OF ?HE RJLI.OIIIC::
ltMD SCOPE OFWCRIC:
INSW.L (IS) PA0P0SO) fWE.. NCTDNtll5 C2 PEJt SE:ftlR)
INSTNJ.. (1) PR0POS£D MfflMNA PI.AlRlRW W0UNf (1 PER sa:roR) • INSTJU. PROPOSED JUIFERS
• lfflllrl.L. (12) PROPOSED Ril (4 PER su:10R')
• INSW.L (I) PROPOSED Ot'EJt 'YCI..UICE flflOm:nCIN Dtw:t (o.P) (2 PEJt sa::ral) • INStliLL. (e) PA0P0SED P011ER N1D (e) F&R lRlN(
~ SCOPE OF WORK:
• INSW.I. (1! "'°"""" TX10- FDCE INSTJU. (t PROPOSED EXll.AIDf1'" CMlt£I" INSfMJ. (I PR0POS£D PflC ~
INSTNJ.. (t PR0POS£D POWER c:ao.rr
INSW.L (t PRCP0SED TEL00 C0fO.lr
ICSW.l. (1 PROPOSED 1E1M. 3 lU.CO-f1BER BOX
INSTALL (1) PR0P0SED OPS lNT ......_ 11! PR0P0SED wm sarrot (F REQUIRED) IN5tllU. (1 PR0POSED CIEMl ec:DC CF AEQUIIED )
INSW.L (1 PROPOSED WJDt S0aCET
SITE INFORMATION PROJECT DIRECTORY -- FMnlJ)ar, -- -- u.c. _, 1000 WEBS1'ER ST. S?01 sount SlllfrA FE DAM: _""...,. tll11..mlN. co acn20 """""""'""" - """'"' SOUHO ), 3&277781
LDNCl1UI£ (NAO 83), -122.0!5002 STt 0CiDER: lHE Cal GIIU.P 2940 MCIWE ID'D. $1.n'E E
_.......,,...
ar,o,.....,,
_ .... ....,
ZINC DISIRICT, FF ,,_,__
0156-1.llrHO ,.,._ """"'PF£R -- --- u
cacsntucnaN.....::O:.IIMESGICIIZALEZ _,..,., .... - -- .... llUPIDIE-. -T
CALIFORNIA CODE OF COMPLIANCE DIRECTIONS
AU. wtAC SHMJ.. BE P£AARIED MD MAJDIAlS NStlLL£D II ~ wmt ?HE OJWJrn' mnDNS OF ?HE RlUDIING c:taS AS H>OPtm B'I" l1£ LOCN. «NOIMIKi MIMR1ES. NO'n9IG II THESE PUNS SS 10 SE a»csntUm TO PEFMI'" MR -~•(,Ul•,;,_.,9
... ..,_,,.
·~•· ... .,-:::::---
9 .-• .-::l'-
\:--~;:,.
,; -
GENERAL NOTES
'H DCaJ1'Y IS waMNED NC> NOf RIR tuMN tWrtAnON. A TEDN::IIN RJ... Witt' 1HE STE AS REQla£D FOR AOUTN: WMffl1'WICE. 1HE PRO.E:r aJ. NOf AESla.J • Mr SIQJWICNff" DISMmNCE OR EFFD:r ON DRlilWlE. NO SlHWn' smot SEJMC£. PCm&E IM1'ER, OR TM1H DISPOSM.. IS fBllJIE> #40 NO C0tilllEXW. ,......,._ ··-:r
~,. .. ,..- -~ ....,
--·-!
~.-::-·--- .... -,!.-
11'x17" PLOT WILL BE HALF SCALE UNLESS OTHERWISE NOTED
C01rffl111C1't'SHAU.\OIF'Y A.LPI.NIS. D:ISTIC talENSIOICS.MD CXIClfflONS ON 1HE J08 snE',. MD SHMJ... MEM1E.Y NOTIFY 1HE DQilEEJt .. WRnlC OF Nff 0ISCREPMCIES BEF0RE PflJCEE»G """ n£ WOii(.
i:ef'"",.. ,.
.; ...,i',.,.:f - ....
:'
dish
whlea.
5701 SOl1l1-4 Sf.NTA FE DRIVE
UTlt.ErON, CO 80120
lfl5 A \IQA10f fT L.a RII Ntf PElt50JC.
I.NLDS 1K"I' - .tCiNe UIOJl b£ ~ fT A uc::oeUI ~~
TD AL.TD! 'IMS 00CUMDff.
11(
Rf'DS R£V #: 2 12/2i/202 1
ZONING
DOCUMENTS
SU BMITT AlS
REV I DATE I 0ESCRlPT10N
,. j .. .,..,._j ._Zll'Saa,. ..
• 01/D/aG -a--
cj~j,cm a.m -
M:£ PR0J£CT NUMBER
SfSF0005368
DISH .-..-e1ess LLC.
PROJECT INF ORMA TION
SFSF0005368
2550 HILBORN ROAD
FAIRFIELD, CA 94534
SHEET rmr
TITLE SHEET
SHEET NUMBER
T-1
0ISH .,._ U....C. lEJil'lRE ~ '5 - 10/21 /2D2.1
Packet Page 205 of 345Attachment 2 Page 27 of 32
DocuSign Envelope ID : A2C C D6F0-A9FD-46A3-931 F-C A09312A8D 3C > ---- r
I
> ----------, • ~ ---- ........ A-3
> ---- > --------. • ...._____ • ,;..
•. L_..,_P\M ...._____ •
I (StEEfA-2) ...._____ . ...._____ . ...._____ . ...._____ I
> ----
✓OOSTINO
S£CURffi'
.It- rtNC(
. ...._____ . ...._____ .
I •
I .
I ~~- • ~ ,,
I .
I .
(
+
'\
+
'\ ~.a~ (XS,N ISICNS.
2. C0N1RACRIR 9W.L WICtMI A 1f/...,a- .....
SEPllMll0N 8DWttN 11£ PA0POSE) GPS WIT.
1JWl5MrTWC Mt'OIMS ,., EXISftiG GP5 I.NfS.
1 CONTRACTOltlOWJIFYantmsH.,._U..C.
CM. 1"E lD0'110N OF THE POIIER #fD FHR
SOUflCE PfUlt 10 CONSnlUCTICN.
txlSTINC WATER TANK
/
--- -- .....
.
I
. ---.-~---,-:--·: I
I - I I I
m.;~T?' .
I
I
I
·1
•
I rr
I
QYERAU, SJIE PLAN
1&' 12· a· 4• o ,..
1L1-&·-1·-Q_·
32'
dish
whless.
5701 SOUTH SANTA FE DRIVE
LI1'Tl.£TON , CO 80120
~Car=<
GROUP
2840 HOWE ~. SUITE E
MARTINEZ. CA 94553
--.TheCSRCroup .c.om
lflSAWUlDC Ol'Lal"CltJ#f~ ~ ... ~~~
lOAL'IDt'IMIS DOCLMXI'".
11(
Rf'DS RE.V #: 2 12/21/2021
ZONING
DOCUMENTS
SUBMITTALS
REV I a..rr I llESCR!P110N • 1otJ'IVaZ1-ssaa .. ma • ot/D~ ,_ ___ C IQ'tllJ!m/ ---m.a
A&£ PROJECT NUMBER
srsrccossss
DISH W'Rle:ss LLC .
PROJfCT "''"""''"""
SFSF0005368
2550 HILBORN ROAD
FAIRFIELD, CA 94534
SHEEI' 'll1lE
OVERALL
SITE PLAN
SHEET' NUMBER
A-1
Packet Page 206 of 345Attachment 2 Page 28 of 32
D o c u S ig n E n v e lo p e ID : A 2 C C D 6 F 0 -A 9 F D -4 6 A 3 -9 3 1 F-C A 0 9 3 12 A 8 D 3 C .l!llIES.
1. C0N11UCRIR SHAU. fE.D '10FY M.L 0leCSl0NS.
2. AlffENNA MG W C1SH SPEaACmONS RERR l0
~ SCHEDU.£ NCI 10 FIIAL C0frCS1RUCtlCIN flFDS
Rlt Ml. Rf 0EJMS
PA0POSE)-
(n'P.2PERSECR:IR.
1""'1.1)
I
-> 10"-d'Z
PR0P0SED IRJS
(n'P. 4 PER SECTOR.
"""'- 12)
--__/ ~ C1lP--~_,/ ~
~ I ,__ I
I
\
ANTENNA PLAN - ALPHA SECTOR
12•5• 0 ,· 2' J' ♦' 5'
1.l_2-•1'-o"'
PA0POSE) .....
(l'l'P. ♦ PER sa:n»t,
1""L 12) -- (rrP. 2 PER SECn:IR. """'- .,
#
I
I
I
I
✓~-
" -- # fllERlRI.N( ✓
✓ , PROPOSED CNf' llf.'IICE
(rrP . 2 PER S£Cr0R. 10UL 8) -- (nP .PER ~
, .. ...,.,,
EX!STWGANTENIIU.S
8"0!> IC""'""'5
"""'"""'
--r
(fJ
PR0P0SEDfM'OlWE
(T'l'fl. 2 PER S£Cf0R. TOW. I)
~
-- (nP .PER ~
ANTENNA PLAN - BETA SECTOR
12· 6- 0 2" J' •• 5'
1t_r-1'-o" 2
- -Ola£
""""' - DIS!NOOII _....,....._,_,_
m:,_,,..,
__ , ....... ..,
Fm> -- - ....,. COITER
_ .......
., - - - - - ~~.r '1fr 12'-o" (1) PCaJt NCI AD ....... - ... .....,,.. - - - - .,,_...,,._.,.,,_r '1fr 12'-o" ( ... LDNO) 81 - --- - 72.0'1<1...-...r , ... , ....... (1) POEl.,.:0 F&R - .. __,, --- - 72.0'1<1...-...r , ... , ....... (1<0' LDNO) ct __,, --- - 72.0'1<1...-...r - 12'-o" (1) POEI-=' FIEt - Cl - - - ...._ - 72.0'1<1...-...r - 12'-o" (teO' LDNO) .......
-
I ~ I"'""'
1. 00NTMCf0R 10 mP1 10 F1W. C0NSDIJCSl0N RFDS fat ALL RF' tEMS.
2. .tMtNM. NCI RRH IICIJflS WY awe£
DE 10 EIUF'IIIDfl'" .-..a.nY. ALL
mJF'IEfT awas wsr ££ Nl'F'RCMD
NCl~Dlc::10Wl.WCEwmt11£
PA0fl0SED DE!IGN NC) Snu::nJIW. -= -
ANTENNA PLAN GAMMA SECTOR
12· g• 0 2· J" 4' 5'
3 ANTENNA SCHEDULE ..,,.,.. 4
dish
5701 SOUTH ~A F'E DRIVE
um.ETON , CO 80120
~LBN
G~E 2840~~94553
--.TheCBRCroup .eom
lrlS Aw:u.JDI Of't,W Rll!Mr POt!ION.
UtC.ESS lHt'f /lll/£..ICffrG l,NIEJt 'fl<DlllE:Tl0N
OIFAUCOISED ~OQUR. m AUER 'MS 00CUMENT.
Tl(
RFDS REV #= 2 12/21/202 1
ZONING
DOCUMENTS
SUBtllTTAlS
RtV·I O,.Tt I DESCR IPTION
A lcn/llil'ml - &I'S iaa,. -
• 01/U/»ll!I. tcm:DNI-
cl03r/tl,/'2m ltcm a-m -
M£ PROJECT NUMBER
SFSF000556B
DISH W"ITN:SS LLC .
PROJ£CT ""°""'TION
SFSF0005368
2550 HILBORN ROAD
FAIRFIELD, CA 94534
st<EET mu:
ANTENNA PLAN,
RRU PLAN AND SCHEDULE
SH EEI' NUMBER
A-2
1~·-1·-0-
DISH .,._ U.C. 1EJriFllATE '«RSION 45 - 10/29 /202 1
Packet Page 207 of 345Attachment 2 Page 29 of 32
DocuSign Envelope ID : A2C C D6F0-A9FD-46A 3-931 F-C A09312A8D 3C .l!Qili
1. c::cwnw::at SKIILL. AE1D \OF'!' AU. tMJCSl0NS.
:Z. C0ffflllCt0R SIW.L MMffMI A 10'-tl' .....
SEJWIWl0N B£l'IEDI lNE PA0POSED CPS t.Nr,
TM&ITTIIC NnDHS MID DCISIIC CPS INTS.
~ ~~,CROUN) SI.OPt
E:XISTlNC ANTCNNAS Erl' OTHERS
--------------------- ~ r~.:t"~::f LEVEL CXISTINC ""''""" 8" an CSffllte1%'~ 0 cosr-c CROU~ SI.OP( cr=o·Aet
dish
whl ea .
5701 SOUl"H S,t.NT'A FE DRIVE
UTTlET'ON , CO 80120
~ca~
GROUP
"°""st 7'X1 lNE ...,,_----Jliiil (n'P . 2 PER SECt0R. TOW. S)=--------- ______________________________________________________________ L.lifill -----------------· O:~-~-Sl-~$ o·-o· ACL
PBQPQSEP NORTHEAST ELEVATION
Tl(
12' a· ,. o 10· ,..
3~•-1·-o· 2
RFOS REV f: 2 12/21/202 1
ZONING
DOCUMENTS
SU BM mALS
REV I D,t.TE l DESCRtPTlON
~1- ... --~-
OVDJm:J.ltaa---
C 1~11----
A&£ PROJ ECT NU.I BER
SF"SF0005 36B
c.sH W"nless LLC. --T!ON
SFSF0005368
2550 HILBORN ROAD
FAIRFIELD, CA 94534
SHEET T1Tl.£
EXISTING AND PROPOSED
NORTHEAST ELEVATIONS
SHEET NtM BER
A-3
fllSH .,..._ LLC. lDFUTE ~ 45 - 10/3/11J.2.1
Packet Page 208 of 345Attachment 2 Page 30 of 32
OocuSign Envelope ID: A2CCO6F0-A9FO-46A3-931 F-CA09312A8O3C MIES.
1. 0ClffllllCRJR stW.L FED \OWY ,u oaECSIONS.
2. CON11lllliCl'OR SHM.1. IINffMil A 1(/-lf" .....
SEPJIIM1'l0N BEJWEm THE PRDPOSED c:PS tN'I',
11WISYrTNC JrfrffDfrMS MD Dl51IC CPS UtC1'S.
rt--~-~-,~ - txlSTINC -'HTENN>.$ 8'I' OTH(RS
~ EXISTING CROUMO SLOPE -o·=o·-ACL ~
D.ISTINC CROUND SLOP($
o·-o· ACL
EXISTING SOUTHEAST ELEYAJJON
12· a· 4• o 10' 20'
J/lr-1'-o·
dish
whlea.
5701 SOUTH ~A FE DRIVE
UTTI.£r0N, CO 80120
~Ca~
GROUP
2840 HOWE ROAD, SUITE E
MARTINEZ , C-. 9455,3
..... TheC8RCt'oup .c:om
MIES.
1. c:arcnw:ral SIWJ. FE.D \GFY ,u CIIEC5ICINS,.
2. c:amw:mR SHM.1. IIIMC'IJlrf • 1(/-lf" .......
SEJWWD IIIDWEIN 11£ PAOPOSm CPS Ullr,
1IWCSIIT1IC AJCIDIMIIS /111/fJ DmlC CiPS UtC1'S.
~ ~
lf15,.WOl.,\?DIO,,.,,,.l'l;lll:Ntfl'EJt50N,.
1,-.DS~#lt~I.ICl'.Jl'fl,t[oaa:IQI
OfA\,IC(ldU)~fliOIEElt.
lOAUDt'IIGCOCUIO'f.
Tl(
ro--~$ _/ TtPMmN,.,.
(2) flllll0P0Sm MtW (D S!C10II06'.
- - • g- IU.'f" RIIIO cum:Jll e~
EXISTWG ~~O~ $
PROPOSED SOUTHEAST EL,EYAJJON
12· 8' 4' 0 10· 20·
3~·-1·-0 · 2
RFDS P,£,/ f: 2 12/21/202 1
ZONING
DOCUMENTS
SUBMITTAI.S
REV I O,.TE I DESCRIPllON
" l°'./'11i,/211121 _z,s __ ,._
8 Ol/'D/:Mm --- C IGV11i,'m:1I ,_ _
A.ti: PROJECT NUMBER
Sf'SF0005368
DISH W"ll"llless L.LC.
PROJECT INFORMATION
SFSF0005368
2550 HILBORN ROAD
FAIRFIELD, CA 94534
SHEO' 111\£
EXISTING AND PROPOSED
SOUTHEAST ELEV ATIONS
SHEET NUMBER
A-4
DISH ....._ LLC. 1DFUJE \OSDI 45 - 10/a/2021
Packet Page 209 of 345Attachment 2 Page 31 of 32
O o c u S ig n E n v e lo p e ID : A 2 C C O 6 F 0 -A 9 F D -4 6A 3-93 1F -C A 09312 A 8O 3C .,....,.
, . ...,.J:
.,,._.._,_,_
1·-11• 1•-r ~-10-
I -=== r"1 PR0PCSED POIIER PAOtmM: ••11• -------t .
--~I:
~
'----r-
1!lllil
.........,.....,.....,._=I] ~~~ ~ - - ----
PRCPCSED lUC0 SC: •- • -
rr.l
--~=JI~
1,.l .. '-! - --
.. :
ElCISl1NC C0NCAE!E...,
.·1._~1::
~
II """"""'---r-hl ;__ . ,~
; "'i .. ·i .. ·'\.:· -~ ..
4 • • 4" ) • 41
~. =,; =;) . ..
Pl.ATfORM EQUIPMENT PLAN
"I
I PR0P05IED
II
GPSINT
ii i i
fl
1 II Ir .. ~
ls
.Jll
12•9• r 3• o ..
,· ... 1_'._-0· ' .....
z
(~=====~1
' """"""' ,....,.,._
~
: ICSDt.L.F I __,,.,.,
I •• ~~
:1.:======d.iJ : · B .: t=r,- -1C:-1='F fit
1. 00ffflllrlCf0R TO aRr Pl.A1RRI Fm wmt A ....., OF 'r OF FU. PER DIS1IC SRE SlH'JICE
2. 9D:D ~ FMIIC 10 IIE MXJED Iii CISCREIION OF DISH
.,._ U.C. C0NSlRUCMN IMNMEt IJ 1IE CF
CDC5l'RUCTl0N. CM: 5HEE'I" ff'lllf NSDUm LNEt AU.. ft'UR FEEi" OF n£ PI.RRlAW (4 .._ BUaC l"UISnC)
l. EQllPIEfT CAaEJ' 0ISfflD FtlR ctNIT'I"
1--1- r ... • .. ,.I '"11~1~
4-4' ,_.,
'-'
ElCISl1NC
C0NCAE!E ...
FRONT El,E\IATI ON
~
l,.,=l 2
COMMSCOPE IITC4CMSHFLO
H-FRAME
f..NSl'RUt'/SA'ORT" IWI.S atY J 5
'ECICT 7 !18.741ba
Pl'ECN' ~ ---- .j,
.j,
l!=u~I .,,.
F !ii
o:j
·11
•
"
~ ~
fB!l!I
, .. S<ME I 3
•.
-----;,;,
-PIAl[~
lilE
H-fRAME PEJAIL
~;;:r::::~;:"";;;;":;;;:::::::;J : . :
i ~F ! RmRD
i -~§?2~. : ~§§
I ~~~
I
I ~G~~-Ti-~~~
' • -.....,...
moo ..,. ~
a
'-I LIU, ,;1;;1
~
C
-- ..,..SOCIE"
...... U-«US-f-+,
fl
tat ...,.._. L.L.c. 1BRATE '8tSDI 45 - 10/"lll'/2021
U"
JI t'.J:. nr
I I r -u
0 1----- --
PICCONDUlf(nP)
r. ._. . ~ . ..
4-4' """"" ,_., C0IOIEJ[
'-' ...
=· llAJA__ ~ ----:--:-•----~------
BM;K ELEVADQN
1!0L..USEll. I,.,= J 4 112•9•03• 0
H-fRAME EQUIPMENT El,E\IATI ON
,.
1•-1·-o· 'j 5
dish
whl aa .
5701 SOUTH SANTA FE ORfVE
UTTl.El'ON, CO 80120
~<-£~
"°"' SUITE E 26-40 HOWE CA. 94SSJ
~roup.o:im
fTISAw:unoN OFIM Rl't /l#'f ,oao,r.
1,N,£SS n€'1'M£..-crN.I.NlEJll 'TNE:IIIID:l'IOII
<IFAI.CDISU)NOJD:SOW.DICNIR,
TO.rot:RMSDOCLI01'.
°"':, BY, te:: BYtPR;: s,
RFDS Rf.V f: 2 12/21/2021
ZONING
DOCUMENTS
SUBWITTAL.S
REV I CATE l DESCRIPTION • 1-~1-211"S.-Dl'at- • 01/D/Jlm Kmzaall- C IG.1i/111Sml 1-m.--
A&E PROJECT NUMBER
SFSr0 00 536B
DtSHW'"~LLC.
PROJECT INFORMATIOH
SFSF000536B
25 50 HILB ORN ROAD
FAIRFIELD , CA 94534
s-ert tmz
EQUIPMENT PLA TFO RM AND
H-FRAME DET AILS
SHEET NUMBER
A-5 a~s
Packet Page 210 of 345Attachment 2 Page 32 of 32
Agenda Item No: 13.
AGENDA REPORT
DATE:May 17, 2022
TO:Mayor and City Council
FROM:David Gassaway, Interim City Manager
SUBJECT:Resolution 2022110 of the City Council of the City of Fairfield Approving an Agreement with the North Texas Street Business Association for the Calendar Year 2022 Operation and Administration of the North Texas Street Business Improvement District RECOMMENDED ACTION
Adopt resolution.
STATEMENT OF ISSUE
In the event that there is not a majority protest to the levy of the assessment, the City Council is being asked to adopt a resolution approving an agreement (Agreement) that will allow the total anticipated assessments of $65,000 from the North Texas Street Business Improvement District (BID) to pass through to the North Texas Street Business Association (NTSBA) to implement its work program and activities.
DISCUSSION
On May 3, 2022, the council approved the annual report by the NTSBA and adopted Resolution 2022 95, which declared the City’s intention to levy an assessment on businesses within the BID for the upcoming year and set this meeting for May 17, 2022, as the time and place for a public hearing.
The public hearing is necessary for the council to hear and consider protests to the levy of the assessment. If there is not a majority protest, the council is being asked to approve the Agreement.
The collection of the assessments for the calendar year 2022 constitutes the period commencing on January 1, 2022, and ending on December 31, 2022. The total amount anticipated from the assessments is $65,000. The 2022 assessment amount for each business is the same as that originally assessed in the calendar year 2000. The Agreement is for a oneyear term and requires the NTSBA to provide quarterly milestones to City staff regarding the status of projects, programs, activities, and expenses.
FINANCIAL IMPACT
No City funds will be involved. The assessments are collected from BID members and are anticipated Packet Page 211 of 345
Agenda Item No: 13.AGENDA REPORTDATE:May 17, 2022 TO:Mayor and City CouncilFROM:David Gassaway, Interim City ManagerSUBJECT:Resolution 2022110 of the City Council of the City of Fairfield Approving an Agreementwith the North Texas Street Business Association for the Calendar Year 2022 Operationand Administration of the North Texas Street Business Improvement DistrictRECOMMENDED ACTIONAdopt resolution.STATEMENT OF ISSUEIn the event that there is not a majority protest to the levy of the assessment, the City Council is beingasked to adopt a resolution approving an agreement (Agreement) that will allow the total anticipatedassessments of $65,000 from the North Texas Street Business Improvement District (BID) to passthrough to the North Texas Street Business Association (NTSBA) to implement its work program andactivities.DISCUSSIONOn May 3, 2022, the council approved the annual report by the NTSBA and adopted Resolution 202295, which declared the City’s intention to levy an assessment on businesses within the BID for theupcoming year and set this meeting for May 17, 2022, as the time and place for a public hearing. The public hearing is necessary for the council to hear and consider protests to the levy of theassessment. If there is not a majority protest, the council is being asked to approve the Agreement. The collection of the assessments for the calendar year 2022 constitutes the period commencing onJanuary 1, 2022, and ending on December 31, 2022. The total amount anticipated from theassessments is $65,000. The 2022 assessment amount for each business is the same as thatoriginally assessed in the calendar year 2000. The Agreement is for a oneyear term and requires theNTSBA to provide quarterly milestones to City staff regarding the status of projects, programs,activities, and expenses.
FINANCIAL IMPACT
No City funds will be involved. The assessments are collected from BID members and are anticipated to total $65,000.
PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
On February 23, 2022, NTSBA Advisory Board approved levying an assessment for calendar year 2022 and execution of the contract between NTSBA and the City.
ALTERNATIVE ACTION
The council may choose to modify the proposed terms of the Agreement.
STAFF CONTACT
Jennifer Rice, Real Estate Specialist II
(707) 4287727
[email protected]
COORDINATED WITH
City Attorney's Office
ATTACHMENTS:
Description
Proposed Resolution
Proposed Agreement
REVIEWERS:
Reviewer Action Date
Dalman, Dwayne Approved 5/4/2022 12:44 PM
Beavers, Esther Approved 5/9/2022 9:15 AM
Packet Page 212 of 345
CITY OF FAIRFIELD
RESOLUTION NO. 2022-110
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAIRFIELD APPROVING AN AGREEMENT WITH THE NORTH TEXAS STREET BUSINESS ASSOCIATION FOR THE CALENDAR YEAR 2022
OPERATION AND ADMINISTRATION OF THE NORTH TEXAS STREET BUSINESS IMPROVEMENT
DISTRICT
WHEREAS, the City Council adopted Ordinance No. 99-21 on September 21, 1999, establishing a parking and business improvement area known as the North Texas Street Business Improvement District (BID), pursuant to Section 36500, et seq. of the California Streets and Highway Code (Act); and
WHEREAS, pursuant to the aforementioned ordinance and the Act, a system of charges has been assessed upon various classes of businesses located within the BID; and
WHEREAS, on May 3, 2022, the council adopted Resolution 2022-95, a resolution of intention, declaring its intention to levy and collect an assessment for the calendar year 2022 against the BID; and
WHEREAS, on May 3, 2022, the council conducted a duly noticed public hearing to hear and consider protests against the levy of the assessment; and
WHEREAS, the City of Fairfield desires to use charges levied and collected by the City to contract for the administration of programs and activities in connection with the BID for the calendar year 2022; and
WHEREAS, the North Texas Street Business Association proposes to administer programs and activities in connection with the BID for the calendar year 2022.
NOW, THEREFORE, THE COUNCIL OF THE CITY OF FAIRFIELD HEREBY RESOLVES:
SECTION 1. The council hereby approves and authorizes the execution of the Agreement by and between the City and North Texas Street Business Association for Calendar Year 2022 Operation and Administration of the North Texas Street Business Improvement District (the Agreement) substantially in the form and content presented and attached hereto, with minor technical changes as approved by the city attorney.
Packet Page 213 of 345Attachment 1 Page 1 of 2
RES. NO. 2022-110
SECTION 2. The city manager is hereby authorized to do all things necessary and proper to implement the Agreement.
PASSED AND ADOPTED this 17th day of May, 2022, by the following vote:
AYES: MEMBERS: PRICE / BERTANI / MOY / PANDURO / TIMM / TONNESEN / VACCARO
NOES: MEMBERS:
ABSENT: MEMBERS:
ABSTAIN: MEMBERS:
MAYOR
ATTEST:
____________________________
CITY CLERK
Packet Page 214 of 345Attachment 1 Page 2 of 2
AGREEMENT BY AND BETWEEN THE CITY OF FAIRFIELD AND THE NORTHTEXAS STREET BUSINESS ASSOCIATION FOR THE CALENDAR YEAR 2022OPERATION AND ADMINISTRATION OF THE NORTH TEXAS STREET BUSINESSIMPROVEMENT DISTRICTTHIS AGREEMENT is made and entered into as of theday of2022, by and between the CITY OF FAIRFIELD, a municipalcorporation ("City") and the North Texas Street Business Association, a Californianonprofit mutual benefit corporation (the "Corporation").WHEREAS, City Ordinance No. 99-21, adopted September 21, 19gg (the"Ordinance"), established the North Texas Street Business lmprovement District (the"District") under the provisions of the Parking and Business lmprovement Area Law of1989, Section 36500 ef seg. of the California Streets and Highways Code (the "Law");andWHEREAS, pursuant to the Law and the Ordinance, the City is authorized to levyand collect an annual assessment (the "Assessment") from businesses in the NorthTexas Street Business lmprovement District for the purpose of acquiring, constructing,installing or maintaining improvements and promoting activities which will benefitbusinesses within the District; andWHEREAS, the City has appointed the Board of Directors of the Corporation (the"Board of Directors") as the advisory board for the District; andWHEREAS the Corporation has available personnel, resources and expertise toundertake improvements and implement activities within the City which are permittedunder the Law and the Ordinance to be funded with proceeds of the Assessment; andWHEREAS, the Corporation is qualified to undertake and administer suchimprovements and activities within the City and is willing to do so.NOW, THEREFORE, in consideration of the mutual covenants and promisescontained herein, the city and the Corporation hereby agree as follows:1. CONTRACT ADMINISTRATION.Except as expressly provided herein, the City's Real Estate Specialist ll or his or herdesignated representative shall be the City's representative for the administration ofthis Agreement. All activities performed by the Corporation shall be coordinated withthis person.The Corporation shall designate a person to be the Corporation's representative forthe administration of this Agreement and, subject to the direction and authorizationPage 1 of 13S:\EconDev Files\North Texas\NTSBA CSAU022\FINAL NTSBA2022Admin Agreement.docxPacket Page 215 of 345Attachment 2 Page 1 of 13
of the Board of Directors, to be the contact person for, and in charge of, all actions tobe taken on behalf of the Corporation pursuant to this Agreement.2. TERM.lnitial Term. The term of this Agreement commences on January 1,2022 andshall continue until December 31,2022, inclusive, unless earlier terminated inaccordance with this Agreement.Termination. The City may terminate this Agreement immediately upon anybreach of Sections 15 (lnsurance Requirements) or 17 (Conflict of lnterest). lnaddition, either the City or the Corporation, upon at least 30 days prior written notice,may terminate this Agreement with or without cause. Within 45 days of the effectivedate of any termination, the City shall reimburse the Corporation for work which hasbeen performed as of the termination date or which is in progress and cannotreasonably be terminated early by virtue of contractual commitments. Unexpendedand unencumbered funds provided to the Corporation by the City pursuant to thisAgreement and all tangible assets purchased wholly with such funds shall beimmediately returned to the City. The Corporation shall not purchase assets using acombination of funds derived from Assessments and other resources available to theCorporation without the prior written consent of the City.3. SCOPE OF SERVICES.Corporation shall administer the work program for the District including but notlimited to the projects outlined below:A. Organization/Membership Services:a. Provide seminars and essential business tools to educate business ownersand share best practices.b. Provide Membership networking opportunities, which provide informationregarding member benefits, and open committee and board positions.c. lntroduce NTBSA businesses to PG&E Energy Efficient Program for SmallBusinesses.d. Continue working with City liaison and Crime Prevention Services to offerBusiness Watch seminars.e. Work with City Liaison to assist potential new businesses with location andplanning services.f. Welcome new businesses by visiting and providing welcome brochures withAssociation information.g. Nominate Board Members in October, elect in November to assume dutiesNovember 2022 if needed.h. Evaluate the needs of the NTSBA Board to create a stronger, more efficientBoard.i. Evaluate current communication process and make improvements whereneeded.j. Conduct one on one meetings or surveys with businesses in the NTSBA to' Page 2ol 13S :\Econ Dev Files\North Texas\NTSBA CSA\2022\F| NAL NTSB A 2022 Admin Agreement.docxPacket Page 216 of 345Attachment 2 Page 2 of 13
understand the needs of the members.k. Produce and distribute the NTSBA e-newsletter 6-8 times per yearB. Design/Beautification Gommittee:a. Work with City liaison and business membership to provide assistance withsign requirements.b. Communicate with City liaison on lighting, landscaping and graffiti issues inthe district.c. Work with the Board of Directors on two annual projects in2022 to increaseexposure and branding of the NTSBA.d. Work with City liaison and district members on re-branding campaign andwork with members and Board to implement.e. Create and maintain website; implement changes required for an updatedand user-friendly website.f. Work with City liaison to monitor City property and report issues as needed.g. Promote the City of Fairfield's MyFairfield App.G. Economic Restructuring Gommittee:a. Work with City liaison, membership and professional as needed to evaluate,recommend and implement changes regarding BID funding as appropriate.b. Communicate and educate membership about State and local programsavailable to small businesses.c. lnvite on a quarterly basis one of the following to speak at the NTSBAassociation meeting: Solano EDC, Chamber of Commerce, City of FairfieldEconomic Development, and Crime Prevention Team/Homeless Task Forced. Recruit potential merchants to join the board or committees.e. Work with Small Business Development Center to provide input towardworkshops geared toward market needs.f. Continue to work with the Solano EDC to promote the Solano Energy Watchprogram creating substantial monthly energy bill savings for participatingmerchants.D. Business Grime Watch Committee:a. Continue assisting members in working with the Police Department to controlcrime in the District.b. Coordinate monthly Business Crime Watch meetings, one block of the Districtat a time, to proactively listen to business concerns and collaborate with theFairfield Police Department to provide awareness, tools, and resourcesavailable for merchants to proactively prevent crime at their businesses.c. Coordinate additional Business Crime Watch meetings to respond tobusiness concerns specific to locations, or industries.d. Distribute Crime prevention literature provided by the Fairfield PoliceDepartment on an ongoing basis.e. Promote the Code of Conduct signage developed by the Fairfield Police tobusiness owners and provide referrals to local sign companies as needed.f. Create awareness of the opportunity to file a No Trespassing letter with thePage 3 of 13S:\EconDev Files\North Texas\NTSBA CSAU022\FINAL NTSBA 2022 Admin Agreement.docxPacket Page 217 of 345Attachment 2 Page 3 of 13
Fairfield Police department to assist in resolving nuisance crime issues.g. When appropriate, refer businesses to the Fairfield Police Department'sCrime Prevention team to request a Crime Prevention Through EnvironmentalDesign (CPTED) survey for their business.F. Goordination of Advisory Board Reporta. Prepare the report of the North Texas Street Business lmprovement DistrictAdvisory Board for calendar year 2022 and submit to the City Clerk byOctober 4,2022.4. TIMETABLE FOR PLANS AND REPORTS.Corporation shall submit to the City project plans and reports, including the followingQuarterly Reports - By the 30th day of the first month following each quarter, (i.e.,April 30, 2022), submit a Quarterly Progress Report for the previous quarter to theReal Estate Specialist ll.Annual Report - By February 28,2022, submit a report outlining the proposedwork program and budget for the current calendar year. This report shall becoordinated with information contained in the previous year's submittal of theAdvisory Board Annual Report to the Fairfield City Clerk in connection with theproposed levy of an assessment against businesses in the District.Statement of lncome and Expenses - Notwithstanding the termination date of thisAgreement, Corporation shall submit to City by February 28,2022, a statement ofincome and expenses of Corporation in relation to the District, covering the periodfrom January 1,2021 to December 31,2021, for the District. The City shall have theright to request that each statement of income and expenses of Corporation inrelation to the District be prepared by an lndependent Certified Public Accountant.5. DISBURSEMENTS.The budget for calendar year 2022, commencing January 1 , 2022 and endingDecember 31,2022, will be equal to the amount charged and collected by City frombusinesses within the District during that period. This amount is expected to be$58,000. No more than 25 percent of the assessment collected will be used to coverDistrict programs management including, but not limited to, District mailings, Boardmeetings and supplies. The remainder of the budget will be spent on Districtpromotion activities; acquisition, construction, installation or maintenance of publicimprovements; marketing and advertising activities.Disbursements shall be subject to Corporation providing a progress report for theprior quarter to City with each disbursement request. Corporation shall submit arequest each quarter for the disbursement of the amount charged to businesseswithin the District for calendar year 2022. Such request can be made no earlier thanthe 30th day of the month following the end of a calendar year quarter. Forexample, for the calendar year quarter ending March 30th, Corporation can submit aPage 4 of 13S:\EconDev Files\North Texas\NTSBA CSA\2022\FINAL NTSB A 2022 Admin Agreement.docxPacket Page 218 of 345Attachment 2 Page 4 of 13
þrequest for disbursement on April 30th. However, any such disbursement requestmust be accompanied by a Quarterly Progress Report to City and supportingdocumentation of expenditures incurred during the quarter of the calendar year, andan itemized list of proposed expenditures for the remaining quarters of calendar year2022. City may withhold payment of funds if not satisfied with the Corporation'swork. Disbursement request must also contain a statement that no revenuesdisbursed by CITY have been or will be used for purposes other than thoseauthorized by this Aqreement. Corporation shall provide a Tax ldentification numberto City for billing purposes.lf, after review of the request, the Real Estate Specialist ll determines that suchrequest is reasonable and within the projected revenues from the District, he or sheshall authorize the Finance Division to disburse additional funds to Corporation asthey are received. lf the amount of assessment funds projected to be collected isless than the total budget, work program adjustments will be made. The amount tobe disbursed shall not exceed the amount received from businesses within theDistrict for calendar year 2022 (notwithstanding the addition of any interestpayments).Payment shall be made to Corporation at the address identified pursuant to theNotices Section below.The Corporation, in the performance of the rights and obligations existing underthis Agreement, shall act as and be an independent contractor and not an agent oremployee of the City. The City shall not exercise control over the Corporation'smethod of performance of its obligations or duties, except as set forth herein, anddesires to obtain only an end result. The City shall have no liability or responsibilityfor payments of any wages or benefits to the Corporation's employees for whom theCorporation shall bear sole responsibility and liability.7. BOOKS AND RECORDS.The Corporation shall keep all related books and records in connection with theservices performed under this Agreement for a period of at least three years, andagrees, upon the City's request, to make them available to the City or any authorizedrepresentative of the City for inspection during normal business hours.8. PUBLIC MEETINGS.All meetings of the Board of Directors or any group of representatives of theCorporation that would constitute a "legislative body" as defined in CaliforniaGovernment Code section 54952 (a "committee or subcommittee") where proposedor approved District activities and/or expenditures (collectively, "District Matters") willbe discussed shall be open to the public, including without limitation meetings heldat District businesses, as required by the Ralph M. Brown Act, Government Codesection 54950, ef seg. (the "Brown Act"). Prior notice of such meetings, including anPage 5 of 13S :\Econ Dev Files\North Texas\NTSBA CSA\2022\Fl NAL NTS B A 2022 Admin Agreement.docxPacket Page 219 of 345Attachment 2 Page 5 of 13
agenda prepared and posted in accordance with the Brown Act, of the DistrictMatters to be discussed and the time and location of the meeting, shall be given inaccordance with the Brown Act. No District Matters shall be disðussed at anymeeting of the Board of Directors or a committee or subcommittee unless suðhpublic notice has been given.Notwithstanding the foregoing, the Board of Directors shall be permitted to meetin sessions closed to the public, so long as any such closed session conforms to therequirements of the Brown Act.The City shall, at the request of the Corporation, post notices and agendasprepared and provided by the Corporation for Corporation meetings onlhe City'swebsite and other locations along with notices of other City meetiñgs.9. DATA SHARING.Each party, upon the request of the other, shall make available to the other anyadditional information in its possession as may be reasonably necessary to operateand administer activities for the District.10. COLLECTION OF ASSESSMENTS.The Corporation understands and agrees that the levy of Assessments by the Cityshall be in the sole discretion of the City Council. No provision of this Agieementshall be construed as a promise, warranty or agreement by the City to lãvyAssessments against businesses in the District. The City shall haúe no liábility tothe Corporation for its decision to not levy Assessments or in connection with iheamo_unts of any Assessments levied. The Corporation understands and agrees thatthe Ordinance may be amended from time to time by the City Council. ln ãnycalendar yeal, if the City levies Assessments against businesses in the North TexasStreet Business District, pursuant to the terms of the Ordinance, the City shall collectAssessments to finance District improvements and activities.11. USE OF FUNDS: AUDIT REPORT.The Corporation may expend any funds received pursuant to this Agreement only forthe purposes authorized by the Ordinance and only in accordance w¡tn the AnnuãlReport, including the budget, as approved by the City Council for the applicablecalendar year. The Corporation will establish and maintain on a curreni basis anadequate accrual accounting system in accordance with generally acceptedaccounting principles and standards. The system shall detail all costs chargeable tothe District under this Agreement and shall substantiate all such costs, meeiingacceptable standards for major public entities in Northern California and complyingwith any applicable Federal standards. The system shall meet the minimumcalendar and internal control requirements as reasonably determined by the City. lnaddition, within 120 days after the end of each calendar year or the effective daie ofa termination pursuant to Section 2 above, the City shall have the right to requestPage 6 of 13S :\Econ Dev Files\North Texas\NTSBA CSA\2022\F I NAL NTSB A 2022 Admin Agreement.docxPacket Page 220 of 345Attachment 2 Page 6 of 13
that the Corporation submit to the Economic Development Division Project Manageran audit report, prepared by a person or company reasonably approved by the Cityin accordance with the City's policies, of the District's expenditures and completedactivities for the preceding calendar year.l2.ASSIGNMENT.The parties agree that the identity, expertise and experience of the Corporation arematerial considerations for this Agreement. The Corporation shall not assign ortransfer any interest in this Agreement nor the performance of any of theCorporation's obligations hereunder without the prior written consent of the City.13. NO OTHER CONTRACTS.During the term of this Agreement, City agrees that it shall not contract with anyother person or entity to operate and administer the District.14. INDEMNIFICATION OF CITY.Corporation shall hold harmless, defend and indemnify City and its elective andappointive boards, commissions, officials, officers, agents, employees, andvolunteers from and against any and all liability, loss, damage, expense, costs(including, without limitation, attorney's fees and costs of litigation) of any naturearising out of or in connection with: (a) the negligence or willful misconduct ofCorporation or its officials, officers, agents, employees and volunteers; (b)Corporation's performance of its obligations and conduct of its agents under thisAgreement; or (c) Corporation's failure to comply with any provision of thisAgreement; except such loss or damage which was caused by the gross negligenceor willful misconduct of the City or its officials, officers, agents, employees, andvolunteers.1 5. INSURANCE REQUIREMENTS.Without limiting the Corporation's indemnification of the City, the Corporation agreesto have and maintain the policies set forth in EXHIBIT A, entitled INSURANCE whichis attached hereto and incorporated herein by this reference. All policies,endorsements, certificates and/or binders shall be subject to approval by the RiskManager of City as to form and content. These requirements are subject toamendment or waiver if so approved in writing by the Risk Manager. TheCorporation agrees to provide the City with copies of said policies, certificates and/orendorsements before work commences under this Agreement. The City shall havethe right to treat any violation of this Section as a material breach of this Agreement,and shall have the right to terminate this Agreement immediately and pursue anyand all legal or equitable remedies for such breach.Page 7 of 13S:\Econ Dev Files\North Texas\NTSBA CSA\2022\Fl NAL NTS B A 2022 Admin Agreement.docxPacket Page 221 of 345Attachment 2 Page 7 of 13
1 6. NONDISCRIMINATION.The Corporation shall not discriminate, in any way, against any person on the basisof age, sex, race, color, creed, sexual orientation, marital status, disability or nationalorigin in connection with or related to the performance of this Agreement.17. CONFLICT OF INTEREST.The Corporation shall at all times avoid conflict of interest or appearance of conflictof interest in the performance of this Agreement. The Corporation shall disclose tothe City any conflict of interest, or potential conflict of interest, which exists or arisesat any time during the term of this Agreement within a reasonable time afterdiscovery of such conflict of interest by the Corporation. The City shall have theright to treat any violation of this Section as a material breach of this Agreement, andshall have the right to terminate this Agreement immediately and pursue any and alllegal or equitable remedies for such breach.18.WAIVER.The City and the Corporation agree that waiver by the City or the Corporation of anybreach or violation of any term or condition of this Agreement shall not be deemed tobe a waiver of any other term or condition contained herein or a waiver of anysubsequent breach or violation of the same or any other term or condition.19. NOT|CES.All notices and other communications required or permitted to be given under thisAgreement shall be in writing and shall be personally served or mailed, postageprepaid and return receipt requested, addressed to the respective parties as follows:ïo City:Community Development DepartmentEconomic Development DivisionCity of Fairfield1000 Webster Street, 2nd FloorFairfield, CA 94533-4883Attention: Jennifer Rice, Real Estate Specialist llPhone (707) 428-7727Fax: (707) 425-2594To CorporationNorth Texas Street Business Association1111 Webster StreetFairfield, CA 94533Attention: Executive DirectorPhone (707) 425-4625Fax: (707) 425-0826Page 8 of 13S:\Econ Dev Files\North Texas\NTSBA CSA\2022\F| NAL NTSB A 2022 Admin Agreement.docxPacket Page 222 of 345Attachment 2 Page 8 of 13
or to such other address or addressee as may be designated by notice inaccordance with this Section. Notice shall be deemed effective on the datepersonally delivered or, if mailed, upon receipt.A copy of any notice of a legal nature, including, but not limited to, any claimsagainst the City, its officers or employees shall also be served in the mannerspecified above to the following address:City of FairfieldCity Attorney1000 Webster Street,4th FloorFairfield, CA 94533-488320. PRIOR AGREEMENTS AND AMENDMENTS.This Agreement, including all Exhibits attached hereto, represents the entireunderstanding of the parties as to the matters contained herein. No prior oral orwritten understanding shall be of any force or effect with respect to the matterscovered hereunder. This Agreement may be modified only by a written amendmentduly executed by both parties to this Agreement.2l.GOVERNING LAWThis Agreement shall be governed by the laws of the State of California22.TIME OF ESSENCE.Time is of the essence of each and every provision of this Agreement23.ATTORNEY'S FEES.lf a legal action or proceeding is brought by any party because of default under thisAgreement, or to enforce a provision hereof, the prevailing party therein shall beentitled, in addition to any other relief, to recover reasonable attorney's fees andcourt costs from the losing party as determined by the court in which said action orproceeding is pending.WITNESS THE EXECUTION HEREOF the day and yearfirst hereinabove written.[Signatures appear on the following page.]Page 9 of 13S:\EconDev Files\North Texas\NTSBA CSAUO22\FINAL NTSBA2022 Admin Agreement.docxPacket Page 223 of 345Attachment 2 Page 9 of 13
ATTEST:CITY OF FAIRFIELD,a municipal corporationDavid Gassaway, Interim City ManagerNORTH TEXAS STREETBUSINESS ASSOCIATION,a CaliforniaCity ClerkcorporationBy:PPTitlePrint NamePrint TitlePage 10 of 13S:\Econ Dev Files\North Texas\NTSBA CSA\2022\F| NAL NTSB A 2022 Admin Agreement.docxPacket Page 224 of 345Attachment 2 Page 10 of 13
EXHIBIT AINSURANCE REQUIREMENTSCONSULTANT shall procure and maintain for the duration of the contract insuranceagainst claims for injuries to persons or damages to property which may arise from or inconnection with the performance of the work hereunder by the CONSULTANT, its agents,representatives, or employees.1) M|N|MUM SCOPE AND LtMtTS OF INSURANCEa) Commercial General Liability coverage (occurrence Form CG 00 01)with minimum limits of $1,000,000 per occurrence for bodily injury, personal injury,products and completed operations, and property damage. lf Commercial GeneralLiability or other form with a general aggregate limit is used, either the general aggregatelimit shall apply separately to this projecUlocation or the general aggregate limit shall betwice the required occurrence limit.b) Automobile Liability coverage (Form CA 00 01 with Code 1 - anyauto) with minimum limits of $1,000,000 per accident for bodily injury and propertydamage.c) Workers' Compensation insurance as required by the State ofCalifornia and Employers' Liability insurance, each in the amount of $1,000,000 peraccident for bodily injury or disease.2) TNDUSTRY SPEC|F|C COVERAGESlf checked below, the following insurance is also required.!!trnProfessional Liability lnsurance / Errors and Omissions Liability in the minimumamount of $1,000,000 per occurrence.Pollution Liability lnsurance in the minimum amount of $1,000,000 per occurrenceGarage Keepers Insurance in the minimum amount of $1,000,000 per occurrenceFidelity/Crime/DishonestyBondintheminimumamountof$-MCS-90 Endorsement to Business Automobile insurance for transportation ofhazardous materials and pollutantsBuilder's Risk / Course of Construction lnsurance in the minimum amount ofPage 11 of 13S:\Econ Dev Files\North Texas\NTSBA CSA\2022\F| NAL NTSB A 2022 Admin Agreement. docx$Packet Page 225 of 345Attachment 2 Page 11 of 13
3) TNSURANCE PROVTSTONSa) DEDUCTIBLES AND SELF-INSURED RETENTIONS. Anydeductibles or self-insured retentions must be declared to and approved by the CITY. Atthe option of the CITY, either the insurer shall reduce or eliminate such deductibles orself-insured retentions as respects the CITY, its officers, officials, employees andvolunteers; or the CONSULTANT shall procure a bond guaranteeing payment of lossesand related investigations, claim administration and defense expenses.b) The general and automobile liability policies (and if applicable,pollution liability, garage keepers liability and builder's risk policies) are to contain, or beendorsed to contain, the following provisions:i) The CITY, its officers, officials, employees and volunteers are to be covered asinsureds as respects: liability arising out of work or operations performed by oron behalf of the CONSULTANT; products and completed operations of theCONSULTANT; premises owned, occupied or used bythe CONSULTANT; andautomobiles owned, leased, hired or borrowed by the CONSULTANT. Thecoverage shall contain no special limitations on the scope of protection affordedto the CITY, its officers, officials, employees or volunteers.i¡) For any claims related to this project, the CONSULTANT'S insurance coverageshall be primary insurance as respects the CITY, its officers, officials,employees and volunteers. Any insurance or self-insured maintained by theCITY, its officers, officials, employees or volunteers shall be excess of theCONSULTANT'S insurance and shall not contribute with it.iii) Any failure to comply with reporting or other provisions of the policies includingbreaches of warranties shall not affect coverage provided to the CITY, itsofficers, officials, employees or volunteers.iv) The CONSULTANT'S insurance shall apply separately to each insured againstwhom claim is made or suit is brought, except with respect to the limits of theinsurer's liability.v) Each insurance policy required by this clause shall be endorsed to state thatcoverage shall not be suspended, voided, canceled by either party, reduced incoverage or in limits except after thirty (30) days' prior written notice by certifiedmail, return receipt requested, has been given to the CITY.vi) The policy limits of coverage shall be made available to the full limits of thepolicy. The minimum limits stated above shall not serve to reduce theCONSULTANT'S policy limits of coverage. Therefore, the requirements forcoverage and limits shall be (1) the minimum coverage and limits specified inthis agreement, or (2) the broader coverage and maximum limits of coverageof any insurance policy or proceeds available to the named insured, whicheveris greater.Page 12 ol 13S :\EconDev Files\North Texas\NTSBA CSA\2022\F I NAL NTS B A 2022 Admin Agreement.docxPacket Page 226 of 345Attachment 2 Page 12 of 13
c) ACCEPTABILITY OF INSURER. lnsurance is to be placed with insurers with acurrent A.M. Best's rating of no less than A:Vll, unless otherwise acceptable to the CITY.VERIFICATION OF COVERAGE. CONSULTANT shall furnish the CITY with originalendorsements effecting coverage required by this Exhibit D. The endorsements are tobe signed by a person authorized by that insurer to bind coverage on its behalf; on formsequivalent to CG 20 10 11 85, subject to CITY approval; and submitted electronicallythrough the Exigis insurance system to: [email protected]. Allinsurance certificates and endorsements are to be received and approved by the CITYbefore work commences. At the request of the CITY, CONSULTANT shall providecomplete, certified copies of all required insurance policies, including endorsementseffecting the coverage required by these specifications.d)B-NTRACTCONSULTANT shall require allsubcontractors to procureand maintain insurance policies subject to the requirements of Exhibit D. Failure ofCONSULTANT to verify existence of sub-contractor's insurance shall not relieveCONSULTANT from any claim arising from sub-contractors work on behalf ofCONSULTANT.Page 13 of 13S:\EconDev Files\North Texas\NTSBA CSAU022\FINAL NTSBA2022 Admin Agreement.docxPacket Page 227 of 345Attachment 2 Page 13 of 13
Agenda Item No: 14.
AGENDA REPORT
DATE:May 17, 2022
TO:Mayor and City Council
FROM:David Gassaway, Interim City Manager
SUBJECT:Resolution 2022111 of the City Council of the City of Fairfield Authorizing Staff to Submit an Application to the California Department of Housing and Community Development (Department) for the Local Housing Trust Fund Program and Authorizing the City Manager to Execute All Agreements Pertaining to the Department Local Housing Trust Fund Program
RECOMMENDED ACTION
Adopt resolution.
STATEMENT OF ISSUE
The City of Fairfield requests to submit an application to the California Department of Housing and Community Development (Department) on behalf of the Fairfield Housing Trust Fund (HTF).
DISCUSSION
The HTF was established on January 18, 2022, by ordinance 202124. The purpose of the HTF is to assist in creating and preserving mixedincome and affordable housing initiatives in the City for the benefit of extremely low through moderateincome households using the Local Housing Trust Fund (LHTF) Program with the Department. The HTF was established in response to the housing needs assessment completed in 2021. The assessment indicated that approximately 36.5% of Fairfield residents pay 30% or more of their income toward rent and utilities, while about 10.8% of Fairfield residents live below the poverty line. Any household that pays more than 30% of their income for housing payments is considered rentburdened.
The City has a shortage of affordable housing and limited resources to support development opportunities. These barriers make it hard for the City to meet the housing needs of disadvantaged Fairfield citizens. The HTF allows the City to leverage and establish a financing program to support affordable housing initiatives.
In April 2022, the Department announced the availability of $57 million in funding for the LHTF Program.
The program funds can be used to provide construction loans and permanent financing loans to pay for the construction or rehabilitation of affordable rental housing projects, emergency shelters, permanent supportive housing, transitional housing, and affordable homebuyer/homeowner projects. Program Packet Page 228 of 345
Agenda Item No: 14.AGENDA REPORTDATE:May 17, 2022 TO:Mayor and City CouncilFROM:David Gassaway, Interim City ManagerSUBJECT:Resolution 2022111 of the City Council of the City of Fairfield Authorizing Staff toSubmit an Application to the California Department of Housing and CommunityDevelopment (Department) for the Local Housing Trust Fund Program and Authorizingthe City Manager to Execute All Agreements Pertaining to the Department LocalHousing Trust Fund ProgramRECOMMENDED ACTIONAdopt resolution.STATEMENT OF ISSUEThe City of Fairfield requests to submit an application to the California Department of Housing andCommunity Development (Department) on behalf of the Fairfield Housing Trust Fund (HTF). DISCUSSIONThe HTF was established on January 18, 2022, by ordinance 202124. The purpose of the HTF is toassist in creating and preserving mixedincome and affordable housing initiatives in the City for thebenefit of extremely low through moderateincome households using the Local Housing Trust Fund(LHTF) Program with the Department. The HTF was established in response to the housing needsassessment completed in 2021. The assessment indicated that approximately 36.5% of Fairfieldresidents pay 30% or more of their income toward rent and utilities, while about 10.8% of Fairfieldresidents live below the poverty line. Any household that pays more than 30% of their income forhousing payments is considered rentburdened. The City has a shortage of affordable housing and limited resources to support developmentopportunities. These barriers make it hard for the City to meet the housing needs of disadvantagedFairfield citizens. The HTF allows the City to leverage and establish a financing program to supportaffordable housing initiatives. In April 2022, the Department announced the availability of $57 million in funding for the LHTF Program.The program funds can be used to provide construction loans and permanent financing loans to pay for the construction or rehabilitation of affordable rental housing projects, emergency shelters, permanent supportive housing, transitional housing, and affordable homebuyer/homeowner projects. Program funds from the LHTF must be used to match on a dollar for dollar basis with other dedicated funding.
To be considered for funding from the LHTF Program, the City must apply to the Department no later than May 25, 2022.
FINANCIAL IMPACT
Submission of the application has no impact on the General Fund. Should the Fairfield HTF be approved for funding through this application, $1,075,000 will be added to the new Housing Trust Fund (Fund 024).
PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
N/A
ALTERNATIVE ACTION
The council may choose not to approve this resolution. However, this would prohibit City staff from submitting an application to HCD for the LHTF Program. The ultimate result of this action would be a missed opportunity to fund affordable housing projects.
STAFF CONTACT
La Tanya Terrones, Senior Management Analyst
(707) 4287454
[email protected]
COORDINATED WITH
N/A
ATTACHMENTS:
Description
Proposed Resolution
Attachment 1: Certification
REVIEWERS:
Reviewer Action Date
Jones, LaTanna Approved 5/2/2022 9:38 PM
Beavers, Esther Approved 5/9/2022 9:16 AM
Packet Page 229 of 345
CITY OF FAIRFIELD
RESOLUTION NO. 2022-111
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAIRFIELD AUTHORIZING STAFF TO
SUBMIT AN APPLICATION TO THE CALIFORNIA DEPARTMENT OF HOUSING AND COMMUNITY
DEVELOPMENT (DEPARTMENT) FOR THE LOCAL HOUSING TRUST FUND PROGRAM AND
AUTHORIZING THE CITY MANAGER TO EXECUTE ALL AGREEMENTS PERTAINING TO THE
DEPARTMENT LOCAL HOUSING TRUST FUND PROGRAM
WHEREAS, the Fairfield Housing Trust Fund (HTF) was established on January 18, 2022, by Ordinance 2021-24; and
WHEREAS, the HTF was established in response to the housing needs assessment completed in 2021; and
WHEREAS, the assessment shows that approximately 36.5% of Fairfield residents pay more than 30% of their income towards rent and utilities and 10.8% of Fairfield residents live below the poverty line; and
WHEREAS, the Fairfield Housing Authority (FHA) adopted Resolution HA2021-15 approving the appropriation of $30,000 annually from unrestricted Housing Authority Non-Section 8 Reserve Fund to the HTF; and
WHEREAS, Resolution HA2021-15 also approved the appropriation of $25,000 annually in unrestricted fund balance in the Low and Moderate Income Housing Asset Fund (LMIHAF) to the HTF; and
WHEREAS, City Council adopted Resolution 2021-304 approving the appropriation of $45,000 annually from the General Fund to the HTF; and
WHEREAS, the State of California (State), Department of Housing and Community Development (Department) is authorized to provide up to $57 million under the Local Housing Trust Fund (LHTF) Program from the Veterans and Affordable Housing Bond Act of 2018 (Proposition 1) (as described in Health and Safety Code section 50842.2 et seq. (Chapter 365, Statutes of 2017 (SB 3)) (Program); and
WHEREAS, the Department issued a Notice of Funding Availability (NOFA) dated April 5, 2022, under the LHTF Program; and
WHEREAS, The City of Fairfield (Applicant) is an eligible Local or Regional Housing Trust Fund applying to the Program to administer one or more eligible activities using Program Funds; and Packet Page 230 of 345Attachment 1 Page 1 of 3
RES. NO. 2022-111
WHEREAS, the Department may approve funding allocations for the LHTF Program, subject to the terms and conditions of H&S Code Section 50842.2, the LHTF Program Guidelines, NOFA, Program requirements, the Standard Agreement, and other related contracts between the Department and LHTF award recipients.
NOW, THEREFORE, THE COUNCIL OF THE CITY OF FAIRFIELD HEREBY RESOLVES:
Section 1. The council hereby authorizes staff to submit an application to the Department LHTF Program.
Section 2. If Applicant receives an award of LHTF funds from the Department pursuant to the above-referenced LHTF NOFA, it represents and certifies that it will use all such funds on Eligible Projects in a manner consistent and in compliance with all applicable state and federal statutes, rules, regulations, and laws, including, without limitation, all rules and laws regarding the LHTF Program, as well as any and all contracts Applicant, may have with the Department (Eligible Project).
Section 3. The Fairfield Housing Trust Fund is hereby authorized to act as the manager in connection with the Department's funds to Eligible Projects pursuant to the above-described Notice of Funding Availability in an amount not to exceed $1,075,000 (LHTF Award).
Section 4. Applicant hereby agrees to match on dollar for dollar basis the LHTF Award pursuant to Guidelines Section 104. Applicant hereby agrees to utilize matching finds on a dollar- for-dollar basis for the same Eligible Project for which Program Funds are used, as required by HSC Section 50843.5(c).
Section 5. Pursuant to Attachment 1 and the Applicant's certification in this resolution, the LHTF funds will be expended only for Eligible Projects and consistent with all program requirements.
Section 6. Nonprofit Housing Trust Funds and Native American Tribe Housing Trust Funds agree to use Program Funds only for Eligible Projects located in cities and counties that submitted an adopted Housing Element that was founded by the Department to be in compliance and that have submitted their Housing Element Annual Progress Report (APR) for the current year or prior year by the application due date.
Section 7. The Applicant shall be subject to the terms and conditions as specified in the Standard Agreement, H&S Section 50842.2, and LHTF Program Guidelines.
Packet Page 231 of 345Attachment 1 Page 2 of 3
RES. NO. 2022-111
Section 8. The city manager or their designee is authorized to execute the LHTF Program Application, the LHTF Standard Agreement, and any subsequent amendments or modifications thereto, as well as any other documents which are related to the Program or the LHTF Award to Applicant, as the Department may deem appropriate.
PASSED AND ADOPTED this 17th day of May, 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 232 of 345Attachment 1 Page 3 of 3
Attachment 1
Resolution No. 2022-111
Fairfield Housing Trust Fund (HTF) was established to provide funds to create affordable housing opportunities in the City of Fairfield. All Fairfield HTF projects will be located within the Fairfield city limits. The Fairfield HTF will use eligible matching funds to match the Local Housing Trust Fund Program, dollar for dollar. Fifty percent (50%) of the requested project funds (or up to $500,000) will be used for the EAH Housing Project, targeting families at 60% Area Medium Income (AMI) and below. Five percent (5%) of Project funds will be used for program administration. The remaining forty-five (45%) of the requested project funds will be used to fund future affordable housing projects that target 80% and below AMI households.
Packet Page 233 of 345Attachment 2 Page 1 of 2
CERTIFICATE OF THE ATTESTING OFFICER
The undersigned, the City Clerk of the City of Fairfield does hereby attest and certify that the foregoing and attached resolution is a true, full and correct copy of a resolution duly adopted at meeting of the City of Fairfield, which was duly convened and held on the date stated thereon, and that said document has not been amended, modified, repealed or rescinded since its date of adoption and is in full force and effect as of the date hereof.
Dated: __________
ATTEST:
____________________________
Karen Reese, CITY CLERK
Packet Page 234 of 345Attachment 2 Page 2 of 2
Agenda Item No: 15.
AGENDA REPORT
DATE:May 17, 2022
TO:Mayor and City Council
FROM:David Gassaway, Interim City Manager
SUBJECT:Resolution 2022112 of the City Council of the City of Fairfield Accepting the 710724 Ohio Street Rehabilitation Project as Complete
RECOMMENDED ACTION
Adopt resolution.
STATEMENT OF ISSUE
The contract work for the 710724 Ohio Street Rehabilitation Project (Project) is complete and ready for acceptance by the City Council.
DISCUSSION
The Project consisted of renovating four existing residential structures, owned by the City, and located on two adjoining parcels. Each parcel has two buildings.
The Project’s four buildings are located at 710 Ohio Street and 311 Jefferson Street (parcel one) and 724 Ohio Street and 315 Jefferson Street (parcel two) in Fairfield. The structures at 710 and 724 Ohio Street are single family, woodframed structures. The structure at 311 Jefferson Street is a residential triplex. The structure at 315 Jefferson is a shared residential unit with individual bedrooms, shared kitchen, and bathrooms.
All structures are of woodframe construction, and all are single story. The two single family homes are constructed with raised concrete perimeter footings and interior piers. The other two structures are constructed with slab on grade concrete foundation systems. The Project maintained the architectural features of the existing structures and brought them into Americans with Disabilities Act (ADA) compliance to meet federal mandates from the Department of Housing and Urban Development Office of Fair Housing and Equal Opportunity (HUD).
In addition to the ADA improvements, the project construction/rehabilitation included wall framing, sheetrock installation, painting, new HVAC & electrical, flooring, bathroom remodeling, new kitchen cabinets, new doors, and landscaping.
The council awarded a contract to Swierstok Enterprise Inc. dba Pro Builders (ProBuilders) for the Packet Page 235 of 345
Agenda Item No: 15.AGENDA REPORTDATE:May 17, 2022 TO:Mayor and City CouncilFROM:David Gassaway, Interim City ManagerSUBJECT:Resolution 2022112 of the City Council of the City of Fairfield Accepting the 710724Ohio Street Rehabilitation Project as CompleteRECOMMENDED ACTIONAdopt resolution.STATEMENT OF ISSUEThe contract work for the 710724 Ohio Street Rehabilitation Project (Project) is complete and ready foracceptance by the City Council.DISCUSSIONThe Project consisted of renovating four existing residential structures, owned by the City, and locatedon two adjoining parcels. Each parcel has two buildings.The Project’s four buildings are located at 710 Ohio Street and 311 Jefferson Street (parcel one) and724 Ohio Street and 315 Jefferson Street (parcel two) in Fairfield. The structures at 710 and 724 OhioStreet are single family, woodframed structures. The structure at 311 Jefferson Street is a residentialtriplex. The structure at 315 Jefferson is a shared residential unit with individual bedrooms, sharedkitchen, and bathrooms. All structures are of woodframe construction, and all are single story. The two single family homes areconstructed with raised concrete perimeter footings and interior piers. The other two structures areconstructed with slab on grade concrete foundation systems. The Project maintained the architecturalfeatures of the existing structures and brought them into Americans with Disabilities Act (ADA)compliance to meet federal mandates from the Department of Housing and Urban Development Officeof Fair Housing and Equal Opportunity (HUD).In addition to the ADA improvements, the project construction/rehabilitation included wall framing,sheetrock installation, painting, new HVAC & electrical, flooring, bathroom remodeling, new kitchencabinets, new doors, and landscaping.
The council awarded a contract to Swierstok Enterprise Inc. dba Pro Builders (ProBuilders) for the Project on December 1, 2020. The council authorized an expenditure of up to $600,390, including contingencies. ProBuilders has completed all of the required improvements in accordance with the contract. The final cost for the Project is $560,820.03 which is 6.5% under the amount authorized by the council.
FINANCIAL IMPACT
N/A
PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
N/A
ALTERNATIVE ACTION
If the council has any questions, the recommended action may be delayed so that staff can provide the necessary information.
STAFF CONTACT
LaTanna Jones, Director of Housing Services
(707) 4287647
[email protected]
COORDINATED WITH
N/A
ATTACHMENTS:
Description
Proposed Resolution
REVIEWERS:
Reviewer Action Date
Jones, LaTanna Approved 5/2/2022 9:37 PM
Beavers, Esther Approved 5/9/2022 9:17 AM
Packet Page 236 of 345
CITY OF FAIRFIELD
RESOLUTION NO. 2022-113
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAIRFIELD ACCEPTING THE 710-724 OHIO
STREET REHABILITATION PROJECT AS COMPLETE
WHEREAS, Swierstok Enterprise Inc. dba Pro Builders (Pro Builders) was awarded a construction contract for the 710-724 Ohio Street Rehabilitation Project; and
WHEREAS, Pro Builders has completed all of the required improvements in accordance with the contract approved by the City Council.
NOW, THEREFORE, THE COUNCIL OF THE CITY OF FAIRFIELD HEREBY RESOLVES:
Section 1. The City of Fairfield hereby accepts the completion of the work provided to be done pursuant to the agreement between the City and Pro Builders approved by the council on December 1, 2020, by Resolution 2020-232.
Section 2. The Housing Services Department program manager is authorized and directed to file with the Solano County Recorder a notice of completion.
PASSED AND ADOPTED this 17th day of May, 2022, by the following vote:
AYES: MEMBERS: PRICE / BERTANI / MOY / PANDURO / TIMM / TONNESEN / VACCARO
NOES: MEMBERS:
ABSENT: MEMBERS:
ABSTAIN: MEMBERS:
MAYOR
ATTEST:
____________________________
CITY CLERK
Packet Page 237 of 345Attachment 1 Page 1 of 1
Agenda Item No: 16.
AGENDA REPORT
DATE:May 17, 2022
TO:Mayor and City Council
FROM:David Gassaway, Interim City Manager
SUBJECT:Report on Homeless Enforcement
RECOMMENDED ACTION
Receive report, open discussion, and provide direction to staff.
STATEMENT OF ISSUE
At a special meeting on March 29, 2022, the City Council directed the City Attorney’s Office to explore enforcement of homelessness issues. The following is the City Attorney's response to this request.
DISCUSSION
This memo serves to provide the legal background regarding enforcement of homelessness issues.
This is a highlevel overview of the topic, and not meant to be legally comprehensive of every situation that may occur. To protect the privacy rights of individuals, this memo also does not discuss specific individuals or cases.
Legal Status of Homelessness and Enforcement of Law
Laws may be enforced as administrative citations, infractions, or criminal laws (misdemeanors or felonies). Being homeless is not a crime. The Ninth Circuit Court of Appeal in the matter of Martin v. City of Boise held that any law which criminalizes homelessness violates the Eighth Amendment to the U.S.
Constitution for punishing a person only “for lacking the means to live out the ‘universal and unavoidable consequences of being human.’” The Boise holding simply prohibited the imposition of criminal penalties for sitting, sleeping, or lying outside on public property “…for homeless individuals who cannot obtain shelter.” The City does not have, or enforce, any blanket regulations against individuals sitting, sleeping or lying on public property at all times, in all places, similar to those regulations at issue in the Boise case. The City can and will enforce reasonable time, place and manner prohibitions regarding use of and encroachment on certain public property, as well as prohibitions of activities and behaviors that adversely impact public health, safety or welfare, or adversely impact creeks or other natural resources. It is thus illegal to enact or enforce any law which makes it a violation to be homeless.
Instead, most enforcement of homelessness centers around the “quality of life” issues attendant to homelessness. Issues such as illegal camping, loitering, or disturbing the peace are violations of the law which serve to protect community safety and often are the result of homelessness.
Packet Page 238 of 345
Agenda Item No: 16.AGENDA REPORTDATE:May 17, 2022 TO:Mayor and City CouncilFROM:David Gassaway, Interim City ManagerSUBJECT:Report on Homeless EnforcementRECOMMENDED ACTIONReceive report, open discussion, and provide direction to staff.STATEMENT OF ISSUEAt a special meeting on March 29, 2022, the City Council directed the City Attorney’s Office to exploreenforcement of homelessness issues. The following is the City Attorney's response to this request.DISCUSSIONThis memo serves to provide the legal background regarding enforcement of homelessness issues.This is a highlevel overview of the topic, and not meant to be legally comprehensive of everysituation that may occur. To protect the privacy rights of individuals, this memo also does not discussspecific individuals or cases.Legal Status of Homelessness and Enforcement of LawLaws may be enforced as administrative citations, infractions, or criminal laws (misdemeanors orfelonies). Being homeless is not a crime. The Ninth Circuit Court of Appeal in the matter of Martin v. Cityof Boise held that any law which criminalizes homelessness violates the Eighth Amendment to the U.S.Constitution for punishing a person only “for lacking the means to live out the ‘universal and unavoidableconsequences of being human.’” The Boise holding simply prohibited the imposition of criminalpenalties for sitting, sleeping, or lying outside on public property “…for homeless individuals who cannotobtain shelter.” The City does not have, or enforce, any blanket regulations against individuals sitting,sleeping or lying on public property at all times, in all places, similar to those regulations at issue in theBoise case. The City can and will enforce reasonable time, place and manner prohibitions regardinguse of and encroachment on certain public property, as well as prohibitions of activities and behaviorsthat adversely impact public health, safety or welfare, or adversely impact creeks or other naturalresources. It is thus illegal to enact or enforce any law which makes it a violation to be homeless.Instead, most enforcement of homelessness centers around the “quality of life” issues attendant to homelessness. Issues such as illegal camping, loitering, or disturbing the peace are violations of the law which serve to protect community safety and often are the result of homelessness.
Enforcement of State Law Prohibited by City Prosecutors Absent Consent from the District Attorney
Cities are barred from prosecuting any misdemeanors which are deemed “state laws.” There are laws that appear in the California Penal Code and include:
Vandalism
Petty Theft
Disturbing the Peace
Battery/Assault
Resisting Arrest
Lewd Conduct
Possession of Drug Paraphernalia
Possession of Methamphetamine or Other Narcotics
For all of the above crimes, city prosecutors are prohibited from enforcing these laws except with the written permission from the district attorney. In Solano County, most cities do not have permission from the district attorney to prosecute state crimes.
Enforcement of Other Crimes by City Prosecutors
The following violations of law are not deemed “state law” violations or have specific exceptions carved out to allow City Prosecutors to enforce these laws:
Illegal Camping
Open Container of Alcohol (Infraction Only)
Public Urination
Loitering
Graffiti
Smoking in a Public Park
Dogs Unlicensed, Unvaccinated, Running AtLarge (Infraction Only) Illegal Shopping Cart Nuisance
Trespassing (Limited)
Thus, for the above crimes, the city attorney or a city prosecutor would be allowed to file these matters directly in Superior Court on behalf of the People of the State of California. The city prosecutor would be working for the City of Fairfield.
Ethical and Financial Considerations of the City Prosecutor A city prosecutor would be an employee (either fulltime, parttime or contract) of the City of Fairfield.
However, a city attorney or a city prosecutor prosecuting criminal cases would be bound by the ethical obligations of a prosecutor according to the U.S. and California Constitutions and the ethical rules of the State Bar of California. Most importantly, a city attorney or city prosecutor would owe a duty to “do justice” and the U.S. and California Constitutions. A city attorney or city prosecutor would be prohibited from taking direction from a nonprosecutor in who to charge or how to prosecute a case, including members of the City Council. Financially, creating a city prosecutor position solely to prosecute crimes would require additional resources and personnel, potentially increasing the amount spent on legal services by the City. A city attorney could prosecute a few criminal cases a year without the need to expend additional financial resources.
Enforcement of Homeless Issues by Other Agencies
In addition to enforcement by the City, other agencies are working to address the issues around homelessness. SB 1338, the Community Assistance, Recovery, and Empowerment Act (CARES) was proposed by the governor and is currently pending in committee the California State Senate. The bill would allow creation of plans to provide behavioral health care, medication, and housing support to people suffering from various mental health and substance abuse issues. The bill envisions partnership Packet Page 239 of 345
Agenda Item No: 16.AGENDA REPORTDATE:May 17, 2022 TO:Mayor and City CouncilFROM:David Gassaway, Interim City ManagerSUBJECT:Report on Homeless EnforcementRECOMMENDED ACTIONReceive report, open discussion, and provide direction to staff.STATEMENT OF ISSUEAt a special meeting on March 29, 2022, the City Council directed the City Attorney’s Office to exploreenforcement of homelessness issues. The following is the City Attorney's response to this request.DISCUSSIONThis memo serves to provide the legal background regarding enforcement of homelessness issues.This is a highlevel overview of the topic, and not meant to be legally comprehensive of everysituation that may occur. To protect the privacy rights of individuals, this memo also does not discussspecific individuals or cases.Legal Status of Homelessness and Enforcement of LawLaws may be enforced as administrative citations, infractions, or criminal laws (misdemeanors orfelonies). Being homeless is not a crime. The Ninth Circuit Court of Appeal in the matter of Martin v. Cityof Boise held that any law which criminalizes homelessness violates the Eighth Amendment to the U.S.Constitution for punishing a person only “for lacking the means to live out the ‘universal and unavoidableconsequences of being human.’” The Boise holding simply prohibited the imposition of criminalpenalties for sitting, sleeping, or lying outside on public property “…for homeless individuals who cannotobtain shelter.” The City does not have, or enforce, any blanket regulations against individuals sitting,sleeping or lying on public property at all times, in all places, similar to those regulations at issue in theBoise case. The City can and will enforce reasonable time, place and manner prohibitions regardinguse of and encroachment on certain public property, as well as prohibitions of activities and behaviorsthat adversely impact public health, safety or welfare, or adversely impact creeks or other naturalresources. It is thus illegal to enact or enforce any law which makes it a violation to be homeless.Instead, most enforcement of homelessness centers around the “quality of life” issues attendant tohomelessness. Issues such as illegal camping, loitering, or disturbing the peace are violations of thelaw which serve to protect community safety and often are the result of homelessness.Enforcement of State Law Prohibited by City Prosecutors Absent Consent from the DistrictAttorneyCities are barred from prosecuting any misdemeanors which are deemed “state laws.” There are lawsthat appear in the California Penal Code and include:VandalismPetty TheftDisturbing the PeaceBattery/AssaultResisting ArrestLewd ConductPossession of Drug ParaphernaliaPossession of Methamphetamine or Other NarcoticsFor all of the above crimes, city prosecutors are prohibited from enforcing these laws except with thewritten permission from the district attorney. In Solano County, most cities do not have permission fromthe district attorney to prosecute state crimes.Enforcement of Other Crimes by City ProsecutorsThe following violations of law are not deemed “state law” violations or have specific exceptions carvedout to allow City Prosecutors to enforce these laws:Illegal CampingOpen Container of Alcohol (Infraction Only)Public UrinationLoiteringGraffitiSmoking in a Public ParkDogs Unlicensed, Unvaccinated, Running AtLarge (Infraction Only)Illegal Shopping Cart NuisanceTrespassing (Limited)Thus, for the above crimes, the city attorney or a city prosecutor would be allowed to file these mattersdirectly in Superior Court on behalf of the People of the State of California. The city prosecutor would beworking for the City of Fairfield.Ethical and Financial Considerations of the City ProsecutorA city prosecutor would be an employee (either fulltime, parttime or contract) of the City of Fairfield.However, a city attorney or a city prosecutor prosecuting criminal cases would be bound by the ethicalobligations of a prosecutor according to the U.S. and California Constitutions and the ethical rules ofthe State Bar of California. Most importantly, a city attorney or city prosecutor would owe a duty to “dojustice” and the U.S. and California Constitutions. A city attorney or city prosecutor would be prohibitedfrom taking direction from a nonprosecutor in who to charge or how to prosecute a case, includingmembers of the City Council. Financially, creating a city prosecutor position solely to prosecute crimeswould require additional resources and personnel, potentially increasing the amount spent on legalservices by the City. A city attorney could prosecute a few criminal cases a year without the need toexpend additional financial resources. Enforcement of Homeless Issues by Other AgenciesIn addition to enforcement by the City, other agencies are working to address the issues aroundhomelessness. SB 1338, the Community Assistance, Recovery, and Empowerment Act (CARES) was proposed by the governor and is currently pending in committee the California State Senate. The bill would allow creation of plans to provide behavioral health care, medication, and housing support to people suffering from various mental health and substance abuse issues. The bill envisions partnership with local and state agencies, law enforcement, and the court system. In addition, other law enforcement agencies assist the City of Fairfield in enforcement efforts along the freeways (California Highway Patrol can CalTrans), and in unincorporated areas of Fairfield (Sheriff).
Policy Considerations
This memo does not address potential policy considerations and public reaction to enforcement of homeless issues.
FINANCIAL IMPACT
N/A
PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
N/A
ALTERNATIVE ACTION
N/A
STAFF CONTACT
David Lim, City Attorney
(415) 4218484
[email protected]
COORDINATED WITH
City Attorney's Office, City Manager's Office, Police Department REVIEWERS:
Reviewer Action Date
Beavers, Esther Approved 5/9/2022 8:13 AM
Packet Page 240 of 345
Agenda Item No: 17.
AGENDA REPORT
DATE:May 17, 2022
TO:Mayor and City Council
FROM:David Gassaway, Interim City Manager
SUBJECT:Discussion Regarding PreQualification for Cityowned Capital Improvement Projects RECOMMENDED ACTION
Receive report, open discussion, and provide direction to staff.
STATEMENT OF ISSUE
The City of Fairfield received a request to consider implementing a construction prequalification ordinance for capital projects exceeding $750,000. The proposed prequalification ordinance would require the awarded contractor to meet specific workforce development standards.
DISCUSSION
Councilmember Timm and Vice Mayor Vaccarro have received a request from the Nor Cal Carpenters Union (NCCU) for the City Council to consider the implementation of a construction prequalification ordinance for capital projects exceeding $750,000 (Attachment 1). The ordinance would require three workforce development standards to be met before awarding the contract – apprenticeship standards, local hire policy, and healthcare compensation. On March 22, the City of Vacaville adopted a similar prequalification ordinance submitted by the Nor Cal Carpenters Union for capital projects exceeding $1.5 million.
In 1999, State Legislature enacted a law allowing public agencies to require licensed contractors to “prequalify” for the right to bid on a public works project. The following year, the Department of Industrial Relations developed the model prequalification questionnaire as guidance for public agencies (Attachment 2). The questionnaire relates to the California Labor Commissioner’s enforcement objectives and helps awarding bodies fulfill their statutory obligations. Questions 11 – 13 of section B request contractors list the intended apprenticeship program which will be used should the contractor win the bid. Questions 18 – 21 of section C ask about the history of violation and compliance with prevailing wages and apprenticeship laws. The model questionnaire does not explicitly request information about prevailing wages in lieu of healthcare benefits or the location of employees (local hire).
Apprenticeship Standards
Current state law mandates that all public works contracts valued at $30,000 or more carry an obligation to hire apprentices, unless the craft or trade does not require the use of apprentices, as indicated in the corresponding prevailing wage determination (Labor Code 1777.5). Apprenticeships are hired at a minimum ratio of 1 hour for every 5 hours of journeyman labor; this requirement is also extended to any subcontractors on the project.
Apprenticeship programs are under the jurisdiction of the California Apprenticeship Council within the Division of Apprenticeship Standards, which administers apprenticeship laws and enforces apprenticeship standards regarding wages, hours, working conditions, and the specific skills required for state certification as a journeyperson in an occupation that is appropriate for an apprenticeship. The California Apprenticeship Council intends for the apprenticeship program to reduce the need for recruitment programs by creating a flow screened and trained candidates.
Currently, Solano County has 1,899 registered apprentices across 49 industries. Attachment 3 details a breakdown of participants by industry in Solano and neighboring counties of Napa and Contra Costa. Across the 49 industries, there is a 64.5% fiveyear completion rate average with 5,904 apprentices completing a program in the past five years in Solano County. This average includes nonconstruction related programs and industry such as the California Firefighters. If this industry is removed, the fiveyear average for Solano County is 58.8% with 3,811 apprentices graduating since 2016. A detailed breakdown of apprenticeship completion rates and actual completions in Solano County is available in Attachment 4.
The proposed language by the Nor Cal Carpenters Union would require all contractors awarded a City public works project over Packet Page 241 of 345
Agenda Item No: 17.AGENDA REPORTDATE:May 17, 2022 TO:Mayor and City CouncilFROM:David Gassaway, Interim City ManagerSUBJECT:Discussion Regarding PreQualification for Cityowned Capital Improvement ProjectsRECOMMENDED ACTIONReceive report, open discussion, and provide direction to staff.STATEMENT OF ISSUEThe City of Fairfield received a request to consider implementing a construction prequalification ordinance for capital projectsexceeding $750,000. The proposed prequalification ordinance would require the awarded contractor to meet specific workforcedevelopment standards. DISCUSSIONCouncilmember Timm and Vice Mayor Vaccarro have received a request from the Nor Cal Carpenters Union (NCCU) for the CityCouncil to consider the implementation of a construction prequalification ordinance for capital projects exceeding $750,000(Attachment 1). The ordinance would require three workforce development standards to be met before awarding the contract –apprenticeship standards, local hire policy, and healthcare compensation. On March 22, the City of Vacaville adopted a similarprequalification ordinance submitted by the Nor Cal Carpenters Union for capital projects exceeding $1.5 million.In 1999, State Legislature enacted a law allowing public agencies to require licensed contractors to “prequalify” for the right tobid on a public works project. The following year, the Department of Industrial Relations developed the model prequalificationquestionnaire as guidance for public agencies (Attachment 2). The questionnaire relates to the California Labor Commissioner’senforcement objectives and helps awarding bodies fulfill their statutory obligations. Questions 11 – 13 of section B requestcontractors list the intended apprenticeship program which will be used should the contractor win the bid. Questions 18 – 21 ofsection C ask about the history of violation and compliance with prevailing wages and apprenticeship laws. The modelquestionnaire does not explicitly request information about prevailing wages in lieu of healthcare benefits or the location ofemployees (local hire).Apprenticeship StandardsCurrent state law mandates that all public works contracts valued at $30,000 or more carry an obligation to hire apprentices,unless the craft or trade does not require the use of apprentices, as indicated in the corresponding prevailing wage determination(Labor Code 1777.5). Apprenticeships are hired at a minimum ratio of 1 hour for every 5 hours of journeyman labor; thisrequirement is also extended to any subcontractors on the project.Apprenticeship programs are under the jurisdiction of the California Apprenticeship Council within the Division of ApprenticeshipStandards, which administers apprenticeship laws and enforces apprenticeship standards regarding wages, hours, workingconditions, and the specific skills required for state certification as a journeyperson in an occupation that is appropriate for anapprenticeship. The California Apprenticeship Council intends for the apprenticeship program to reduce the need for recruitmentprograms by creating a flow screened and trained candidates.Currently, Solano County has 1,899 registered apprentices across 49 industries. Attachment 3 details a breakdown ofparticipants by industry in Solano and neighboring counties of Napa and Contra Costa. Across the 49 industries, there is a 64.5%fiveyear completion rate average with 5,904 apprentices completing a program in the past five years in Solano County. Thisaverage includes nonconstruction related programs and industry such as the California Firefighters. If this industry is removed,the fiveyear average for Solano County is 58.8% with 3,811 apprentices graduating since 2016. A detailed breakdown of apprenticeship completion rates and actual completions in Solano County is available in Attachment 4.
The proposed language by the Nor Cal Carpenters Union would require all contractors awarded a City public works project over $750,000 to participate in a Joint Apprenticeship Program approved by the State of California. The program must have a graduation rate of 50% or higher and an average of at least 25 apprentices for the five years immediately preceding submission of the prequalification document. This would eliminate 30 programs from eligibility in providing apprenticeships, leaving some industries without an eligible program within Solano County which meets the graduation requirements including:
Asbestos Workers
Automotive Repair, Services, and Garages
Boiler Maker
Bricklayer
Carpet, Linoleum – soft tile
Fabricated metal products, except machinery and transportation equipment Fire sprinkler fitter
Health services
Information Technology
Inspector/tester
Iron – Steel workers
Lumber and Wood Products Except Furniture
Pile Driver
Plasterers
Plumbing
Plumbing HVAC
Roofers
Sheet Metal HVAC
Should there be an interest in adopting more stringent apprenticeship requirements than mandated by the State, consideration should be taken in how the provision is structured to prevent trades from being excluded due to technical requirements.
Local Hire Policy
A local hire policy would require contractors to include a certain percentage of employees within a set radius from the City of Fairfield. A local hire policy aims to create local economic growth by increasing local employment and keeping tax revenues within the region by setting a percentage of employees which need to be from a geographic region. The draft ordinance submitted by NCCU would require 25% of employees reside in Solano, Napa, or Contra Costa Counties. A local preference policy would have a similar impact by providing preference to a bidding contractor headquartered within a specific geographic area.
Neighboring agencies, including Solano Transportation Authority (STA), County of Solano, and County of Sonoma, have enacted a local preference policy.
Agency Policy Summary
Solano Transportation
Authority – Local
Preference Policy
Where the lowest responsible bidder is not a local business, the STA representative shall provide the lowest responsible local business bidder, should one exist and its bid is within five percent (5%) of the lowest responsible bidder, with notice and an opportunity to reduce its bid to match that of the lowest responsible bidder. In instances where a local business and a nonlocal business submit equivalent, lowest responsible bids, the STA representative shall give preference to the local business.
County of Solano –
Purchasing and Contract
Policy
Where the lowest responsible bidder is not a local business, the STA representative shall provide the lowest responsible local business bidder, should one exist and its bid is within five percent (5%) of the lowest responsible bidder, with notice and an opportunity to reduce its bid to match that of the lowest responsible bidder.
County of Sonoma –
Local Preference Policy
for Services
For quantitative evaluations of proposals, the locality of the service provider shall be included as an evaluation criterion in RFPs. Extra percentage weighting of 5% shall be provided in the total rating score for local service providers. For qualitative evaluations of proposals, Departments shall consider the locality of consultants or businesses and their subconsultants along with other criteria identified in the RFP. If there is more than one service provider being considered and the providers are competitively matched in terms of other criteria, local service providers should be selected.
The City of San Francisco and Oakland have a local hire ordinance setting quotas for the number of local employees required, depending on the value of the public works project.
Healthcare
California Labor Code 1771 requires all public works projects above $1,000 to pay prevailing wages if healthcare benefits are not an offered benefit for employees. Prevailing wages are determined by the California Department of Industrial Relations according to the type of work and location of the project. The prevailing wage rates are usually based on rates specified in collective bargaining agreements. The suggested language within the Nor Cal Carpenter proposal reinforces this requirement.
Prequalifications Impact on Fairfield Projects
Reviewing the Capital Improvement Plan (CIP) projects since 2017, the City has awarded 63 projects, of which 22 had an award value over $750,000. Of the 22 contracts identified, the award amount ranged from $758,118 to $7,416,861. Looking ahead to Packet Page 242 of 345
Agenda Item No: 17.AGENDA REPORTDATE:May 17, 2022 TO:Mayor and City CouncilFROM:David Gassaway, Interim City ManagerSUBJECT:Discussion Regarding PreQualification for Cityowned Capital Improvement ProjectsRECOMMENDED ACTIONReceive report, open discussion, and provide direction to staff.STATEMENT OF ISSUEThe City of Fairfield received a request to consider implementing a construction prequalification ordinance for capital projectsexceeding $750,000. The proposed prequalification ordinance would require the awarded contractor to meet specific workforcedevelopment standards. DISCUSSIONCouncilmember Timm and Vice Mayor Vaccarro have received a request from the Nor Cal Carpenters Union (NCCU) for the CityCouncil to consider the implementation of a construction prequalification ordinance for capital projects exceeding $750,000(Attachment 1). The ordinance would require three workforce development standards to be met before awarding the contract –apprenticeship standards, local hire policy, and healthcare compensation. On March 22, the City of Vacaville adopted a similarprequalification ordinance submitted by the Nor Cal Carpenters Union for capital projects exceeding $1.5 million.In 1999, State Legislature enacted a law allowing public agencies to require licensed contractors to “prequalify” for the right tobid on a public works project. The following year, the Department of Industrial Relations developed the model prequalificationquestionnaire as guidance for public agencies (Attachment 2). The questionnaire relates to the California Labor Commissioner’senforcement objectives and helps awarding bodies fulfill their statutory obligations. Questions 11 – 13 of section B requestcontractors list the intended apprenticeship program which will be used should the contractor win the bid. Questions 18 – 21 ofsection C ask about the history of violation and compliance with prevailing wages and apprenticeship laws. The modelquestionnaire does not explicitly request information about prevailing wages in lieu of healthcare benefits or the location ofemployees (local hire).Apprenticeship StandardsCurrent state law mandates that all public works contracts valued at $30,000 or more carry an obligation to hire apprentices,unless the craft or trade does not require the use of apprentices, as indicated in the corresponding prevailing wage determination(Labor Code 1777.5). Apprenticeships are hired at a minimum ratio of 1 hour for every 5 hours of journeyman labor; thisrequirement is also extended to any subcontractors on the project.Apprenticeship programs are under the jurisdiction of the California Apprenticeship Council within the Division of ApprenticeshipStandards, which administers apprenticeship laws and enforces apprenticeship standards regarding wages, hours, workingconditions, and the specific skills required for state certification as a journeyperson in an occupation that is appropriate for anapprenticeship. The California Apprenticeship Council intends for the apprenticeship program to reduce the need for recruitmentprograms by creating a flow screened and trained candidates.Currently, Solano County has 1,899 registered apprentices across 49 industries. Attachment 3 details a breakdown ofparticipants by industry in Solano and neighboring counties of Napa and Contra Costa. Across the 49 industries, there is a 64.5%fiveyear completion rate average with 5,904 apprentices completing a program in the past five years in Solano County. Thisaverage includes nonconstruction related programs and industry such as the California Firefighters. If this industry is removed,the fiveyear average for Solano County is 58.8% with 3,811 apprentices graduating since 2016. A detailed breakdown ofapprenticeship completion rates and actual completions in Solano County is available in Attachment 4.The proposed language by the Nor Cal Carpenters Union would require all contractors awarded a City public works project over$750,000 to participate in a Joint Apprenticeship Program approved by the State of California. The program must have agraduation rate of 50% or higher and an average of at least 25 apprentices for the five years immediately preceding submissionof the prequalification document. This would eliminate 30 programs from eligibility in providing apprenticeships, leaving someindustries without an eligible program within Solano County which meets the graduation requirements including:Asbestos WorkersAutomotive Repair, Services, and GaragesBoiler MakerBricklayerCarpet, Linoleum – soft tileFabricated metal products, except machinery and transportation equipmentFire sprinkler fitterHealth servicesInformation TechnologyInspector/testerIron – Steel workersLumber and Wood Products Except FurniturePile DriverPlasterersPlumbingPlumbing HVACRoofersSheet Metal HVACShould there be an interest in adopting more stringent apprenticeship requirements than mandated by the State, considerationshould be taken in how the provision is structured to prevent trades from being excluded due to technical requirements.Local Hire PolicyA local hire policy would require contractors to include a certain percentage of employees within a set radius from the City ofFairfield. A local hire policy aims to create local economic growth by increasing local employment and keeping tax revenueswithin the region by setting a percentage of employees which need to be from a geographic region. The draft ordinancesubmitted by NCCU would require 25% of employees reside in Solano, Napa, or Contra Costa Counties. A local preferencepolicy would have a similar impact by providing preference to a bidding contractor headquartered within a specific geographicarea.Neighboring agencies, including Solano Transportation Authority (STA), County of Solano, and County of Sonoma, have enacteda local preference policy.Agency Policy SummarySolano TransportationAuthority – LocalPreference Policy Where the lowest responsible bidder is not a local business, the STA representative shall providethe lowest responsible local business bidder, should one exist and its bid is within five percent(5%) of the lowest responsible bidder, with notice and an opportunity to reduce its bid to matchthat of the lowest responsible bidder. In instances where a local business and a nonlocalbusiness submit equivalent, lowest responsible bids, the STA representative shall give preferenceto the local business.County of Solano –Purchasing and ContractPolicy Where the lowest responsible bidder is not a local business, the STA representative shall providethe lowest responsible local business bidder, should one exist and its bid is within five percent(5%) of the lowest responsible bidder, with notice and an opportunity to reduce its bid to matchthat of the lowest responsible bidder.County of Sonoma –Local Preference Policyfor Services For quantitative evaluations of proposals, the locality of the service provider shall be included asan evaluation criterion in RFPs. Extra percentage weighting of 5% shall be provided in the totalrating score for local service providers. For qualitative evaluations of proposals, Departmentsshall consider the locality of consultants or businesses and their subconsultants along with othercriteria identified in the RFP. If there is more than one service provider being considered and theproviders are competitively matched in terms of other criteria, local service providers should beselected.The City of San Francisco and Oakland have a local hire ordinance setting quotas for the number of local employees required,depending on the value of the public works project.HealthcareCalifornia Labor Code 1771 requires all public works projects above $1,000 to pay prevailing wages if healthcare benefits arenot an offered benefit for employees. Prevailing wages are determined by the California Department of Industrial Relationsaccording to the type of work and location of the project. The prevailing wage rates are usually based on rates specified incollective bargaining agreements. The suggested language within the Nor Cal Carpenter proposal reinforces this requirement.
Prequalifications Impact on Fairfield Projects
Reviewing the Capital Improvement Plan (CIP) projects since 2017, the City has awarded 63 projects, of which 22 had an award value over $750,000. Of the 22 contracts identified, the award amount ranged from $758,118 to $7,416,861. Looking ahead to upcoming CIP projects, the City currently has approximately $82 million of outstanding unfunded capital and maintenance projects over the next five years, the most prominent being in streets and public buildings. Notable planned facilities include Fire Station 36, Fire Station 39, and the Police Department Expansion. Should the council decide to implement a resolution requiring pre qualifications for construction projects above a specific estimated construction cost, there may be an impact to project budgets in order for contractors to comply with prequalifications.
Next Steps
Staff seeks direction from the council on the interest of pursuing a resolution outlining prequalifications which may be more stringent or reinforce current state requirements, or implement a local hire policy. Should the council have an interest in creating such a policy, staff recommends the council set clear goals for the purpose of the prequalification and that outreach to the building community be conducted prior to the adoption of a prequalification resolution. Some members of the building community have proactively reached out to provide initial feedback on a prequalification requirement (Attachment 5).
FINANCIAL IMPACT
The financial impact of adopting a prequalification requirement may have varying impacts on the overall costs of bids. Should the prequalification require a bidding contractor to change current business practices to comply, the additional costs may be passed onto the project budget increasing the overall costs of City construction projects.
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
Public Works Department
ATTACHMENTS:
Description
Attachment 1: Proposed PreQualification Ordinance Submitted by Nor Cal Carpenters Union for Consideration Attachment 2: State of California Model PreQualification Form Attachment 3: Registered Apprenticeship Participation
Attachment 4: Apprenticeship Participation Completion Rate for Solano County Attachment 5: PreQualification Feedback by Associated Builders and Contractors (ABC) Northern California REVIEWERS:
Reviewer Action Date
Beavers, Esther Approved 5/10/2022 4:37 PM
Packet Page 243 of 345
Attachment 1: Proposed Pre-Qualification Ordinance Submitted by Nor Cal Carpenters Union Packet Page 244 of 345Attachment 1 Page 1 of 3
Packet Page 245 of 345Attachment 1 Page 2 of 3
Packet Page 246 of 345Attachment 1 Page 3 of 3
LABOR COMMISSIONER’S
MODEL PRE-QUALIFICATION
QUESTIONNAIRE
9 Attachment 2: State of California Model Pre-Qualification Form Packet Page 247 of 345Attachment 2 Page 1 of 21
CONTRACTOR PRE-QUALIFICATION QUESTIONNAIRE
A. CONTRACTOR INFORMATION
(All Questions Must Be Answered)
Firm Name (as it appears on CSLB license):
Corporation LLC Partnership Sole Proprietorship Joint
Venture
Firm Type (Select one):
Contact Person/Title:
(List Owner(s) if Firm is a Sole Proprietorship or Partnership) Local Address (P.O. Box is not acceptable):
Address 1:
Address 2:
City
Zip:
Office Telephone:
Contact Mobile:
Fax Number:
E-mail Address:
List all California construction or other professional license numbers, classifications and expiration dates held by your firm:
License Number Classification Expiration Date
List your firm’s DIR Public Works Contractor (PWCR) Registration Number(s):
PWCR Number Entity Name Expiration Date
If any of your firm’s license(s) are held in the name of a corporation, limited liability company, or partnership, list below the names of the qualifying individual(s) listed on the CSLB records who meet(s) the experience and examination requirements for each license.
License Number Qualifying Individual Expiration Date
10 Packet Page 248 of 345Attachment 2 Page 2 of 21
B. CURRENT ORGANIZATION AND STRUCTURE
Complete the section below for the appropriate type of firm:
For Firms That Are Corporations:
1a. Date incorporated:
1b. Under the laws of what state:
1c. Provide all the following information for each person who is either (a) an officer of the corporation (president, vice president, secretary, treasurer), or (b) the owner of at least ten percent of the corporation’s stock:
Name Position Years
with Firm
%
Ownership
1d. Identify every construction firm that any person listed above has been associated with (as owner, general partner, limited partner or officer) at any time during the last five years.
NOTE: For this question, “owner” and “partner” refer to ownership of ten percent or more of the business, or ten percent or more of its stock, if the business is a corporation.
Person’s Name Construction Firm Date of Person’s
Participation
with Firm
For Firms That Are Limited Liability Companies (LLC):
1a. Date Article of Organization filed:
1b. Under the laws of what state:
1c. Provide all the following information for all members of the LLC:
Name Position Years
with Firm
%
Ownership
11 Packet Page 249 of 345Attachment 2 Page 3 of 21
1d. Identify every construction firm that any person listed above has been associated with (as owner, general partner, limited partner or officer) at any time during the last five years.
NOTE: For this question, “owner” and “partner” refer to ownership of ten percent or more of the business, or ten percent or more of its stock, if the business is a corporation.
Person’s Name Construction Firm Date of Person’s
Participation with Firm
For Firms That Are Partnerships:
1a. Date incorporated:
1b. Under the laws ofwhat state:
1c. Provide all the following information for each partner who owns ten percent or more of the firm.
Name Position Years
with Firm
%
Ownership
1d. Identify every construction firm that any person listed above has been associated with (as owner, general partner, limited partner or officer) at any time during the last five years.
NOTE: For this question, “owner” and “partner” refer to ownership of ten percent or more of the business, or ten percent or more of its stock, if the business is a corporation.
Person’s Name Construction Firm Date of Person’s
Participation with
Firm
12 Packet Page 250 of 345Attachment 2 Page 4 of 21
For Firms That Intend to Make a Bid as Part of a Joint Venture:
For Firms That Are Sole Proprietorships:
1a. Date of commencement of business
1b. Identify every construction firm that the business owner has been associated with (as owner, general partner, limited partner or officer) at any time during the last five years.
NOTE: For this question, “owner” and “partner” refer to ownership of ten percent or more of the business, or ten percent or more of its stock, if the business is a corporation.
Person’s Name Construction Firm Date of Person’s
Participation with
Firm
1a. Date of commencement of joint venture:
1b. Provide all the following information for each firm that is a member of the joint venture that expects to bid on one or moreprojects
Name of Construction Firm % Ownership
Note: Explain on a separate sheet. Provide all other pertinent information required in the sections above, for each Corporation, LLC, Partnership, or Sole-Proprietorship that is a part of the Joint Venture.
FOR ALL FIRMS:
2. At any time during the past five years, has your firm shared office space, warehouse space, yard, plant or shop facilities, staff, equipment, telecommunications or other assets with any other construction firm? (If yes, identify and explain below.) Construction Firm Description of Sharing
Agreement
Location of
Facilities
13 Packet Page 251 of 345Attachment 2 Page 5 of 21
3. State your firm’s gross revenues for each of the last three fiscal years:
Current year ($):
Previous year ($):
Year prior to previous year ($):
4. How many years has your firm been in business in California as a contractor under your present business name and license number?
5. Bonding Capacity – Provide documentation from your surety identifying the following:
Name of Bonding Company/Surety:
Name of Surety Agent:
Address:
Telephone number:
6. If your firm was required to pay a premium of more than one percent for a performance and payment bond on any project(s) on which your firm worked at any time during the last three years, state the percentage that your firm was required to pay. You may provide an explanation for a percentage rate higher than one percent, if you wish to doso.
7. List all other sureties (name and full address) that have written bonds for your firm during the last five years, including the dates on which they were issued:
Name Address Date
8. How often do you require documented safety meetings to be held for construction employees and field supervisors during the course of aproject?
9. List your firm’s Experience Modification Rate (EMR) (California workers’ compensation insurance) for each of the past three premium years:
Current year rate:
Previous year rate:
Year prior to previous year rate:
10. Does your firm regularly utilize a third party consultant to review labor compliance documents of subcontractors on a public works project? Yes No 14 Packet Page 252 of 345Attachment 2 Page 6 of 21
11. Provide the name, address and telephone number of the apprenticeship program (approved by the California Apprenticeship Council) from whom you intend to request the dispatch of apprentices to employ on any public works project awarded by [Public Entity].
Name Address Phone
12. Provide the name, address and telephone number of the apprenticeship program (approved by the California Apprenticeship Council) from whom you have requested and/or employed apprentices in the past three years.
Name Address Phone
13. If your firm operates its own State-approved apprenticeship program:
(a) Identify the craft or crafts in which your firm provided apprenticeship training in the past year;
(b) State the year in which each such apprenticeship program was approved and attach evidence of the most recent California Apprenticeship Council approval(s); (c) For each craft, list the number apprentices employed by your firm and the number of individuals that completed apprenticeships while employed by your firm during the last three years.
Craft Year No. Apprentices No. Completed
14. Has your firm changed names or license number in the past five years? (If yes, explain on a separate sheet, including the reason for the change.) Yes No
15. Has there been any change in ownership of your firm at any time during the last five years? Yes No
(If yes, explain on a separate sheet.)
NOTE: A corporation whose shares are publicly traded is NOT required to answer this question. 15 Packet Page 253 of 345Attachment 2 Page 7 of 21
16. Is your firm a subsidiary, parent, holding company or affiliate ofanother construction firm? Yes No
(If yes, explain on a separate sheet.)
NOTE: Include information about other firms if one firm owns 50 percent or more of another, or if an owner, partner, or officer of your firm holds a similar position in anotherfirm.
17. Has any owner, partner and/or officer of your firm operated or been connected to a construction firm under any other name in the last five years not listed in Section A or Section B above at any time in the past five years? Yes No (If yes, provide the person’s name, construction firm name, and dates ofparticipation.) Name Construction Firm Dates of
Participation
16 Packet Page 254 of 345Attachment 2 Page 8 of 21
C. ESSENTIAL CRITERIA QUESTIONS
1. Does your firm possess a valid and current California Contractor’s or other professional license as required by law for the project or projects for which it intends to submit a bid? Yes No
2. Is your firm registered with DIR as a Public Works Contractor for the current fiscal year?
Yes No
3. Does your firm have a liability insurance policy with a policy limit of at least $1,000,000 per occurrence and $2,000,000 aggregate? Yes No
4. Does your firm have current workers’ compensation insurance policy as required by the Labor Code or is your firm legally self- insured pursuant to Labor Code section 3700 et. seq.? Yes No
5. Have you attached your firm’s latest copy of reviewed or audited financial statements with accompanying notes and supplemental information? *
NOTE: Financial statements that are not either reviewed or audited are not acceptable. A letter verifying availability of a line of credit may also be attached; however, it will be considered as supplemental information only, and is not a substitute for the required financial statements.
Yes No
6. Have you attached a notarized statement from an admitted surety insurer (approved by the California Department of Insurance) authorized to issue bonds in the State of California, which states that: (a) your current bonding capacity is sufficient for the project for which you seek pre-qualification if you are seeking pre- qualification for a single project; or valid for a year if you are seeking pre-qualification valid for a year; and (b) your current available bonding capacity? **
NOTE: Notarized statement must be from the surety company, not an agent or broker.
Yes No
7. Has your contractor’s or other professional license been revoked at any time in the last five years?
Yes
No
8. Has a surety firm completed a contract on your behalf, or paid for completion because your firm was in default and/or terminated by the project owner within the last five years?
Yes No
Circle Answer
17 Packet Page 255 of 345Attachment 2 Page 9 of 21
Circle Answer
9. Is your firm, any of its officers, supervisors, managers, or any firm or individual identified above in Section A and/or Section B, ineligible to bid on or be awarded a public works contract, or perform as a subcontractor on a public works contract, pursuant to Labor Code section 1777.1, Labor Code section 1777.7, or any other federal, state, county, municipal or other local law providing
for the debarment of contractors from public works?
Yes No
10. Has your firm, any of its officers, supervisors, managers, or any firm or individual identified above in Section A and/or Section B been convicted of a crime involving the awarding of a contract of a government construction project, the bidding or performance of a government contract, antitrust statutes, racketeering statutes, safety and health regulations, environmental laws, laws banning workplace discrimination, laws governing wages, hours or labor standards, or laws involving fraud, theft, or any other act of
dishonesty?
Yes No
11. Is your firm currently the debtor in a bankruptcy case? (If yes, attach a copy of the bankruptcy petition showing the case
number and date on which the petition was filed.)
Yes No
12. Has your firm, any of its officers, supervisors, managers, or any firm or individual identified above in Section A and/or Section B ever been terminated from a public works contract, including but not limited to termination based on any misconduct, such as failure to comply with contractual, statutory, or other legal obligations
from any public construction project?
Yes No
13. Does your firm, any of its officers, supervisors, managers, or any firm or individual identified above in Section A and/or Section B currently have any delinquent liability to an employee, the state, or any awarding body for any assessment of back wages or related damages, interest, fines or penalties pursuant to any final judgment, order, or determination by any court or any federal, state, or local
administrative agency, including a confirmed arbitration award?
Yes No
* Public Contract Code section 20101(e) exempts from this requirement a contractor who has qualified as a small business pursuant to Government Code section 14837(d)(1), if the bid is “no more than 25 percent of the qualifying amount provided in section 14837(d)(1).” As of January 1, 2001, the qualifying amount is $10 million, and 25 percent of that amount, therefore, is $2.5 million.
** An additional notarized statement from the surety may be requested by [Public Entity] at the time of submission of a bid, if this pre-qualification questionnaire is submitted more than 60 days prior to submission of the bid. 18 Packet Page 256 of 345Attachment 2 Page 10 of 21
D. PRE-QUALIFICATION CRITERIA QUESTIONS
Prior History Circle Answer
1. How many times has your firm, or any of its officers, supervisors, or managers, declared bankruptcy at any time during the last five years? (This question refers only to a bankruptcy action that was not described in your answer to Question 11 in Section C. If yes, attach a copy of the bankruptcy petition showing the case number and the date on which the petition was filed, a copy of the Bankruptcy Court’s discharge order or any other document that concluded the case if no discharge order was issued.)
0 1 2 3 4 5+
2. How many times has your firm, or any of its officers, supervisors, or managers, had an injunction, judgment, order, or lien entered against it for outstanding taxes assessed or fines, penalties and/or unpaid employee wages at any time in the last five years?
(Explain on a separate sheet. Provide details, including the name of the government
agency, caption, date, case or docket number, and disposition. Be sure to note any
judgments or liens that have not been fully satisfied.)
0 1 2 3 4 5+
3. How many times in the past five years, has your firm, or any of its officers, supervisors, or managers, been a party in any civil litigation or administrative proceeding alleging violation of any of the following:
contract antitrust statutes, racketeering statutes, safety and health regulations, environmental laws, laws banning workplace discrimination, laws governing wages, hours or labor standards, or laws involving fraud, theft, or any other act of dishonesty? (Explain on a separate sheet. Provide details including the nature of the claims and
defenses, caption, date, case or docket number, name of the court or agency before
which the case is pending or which it was heard, and current status.)
0 1 2 3 4 5+
4. How many times in the past five years, has your firm, or any of its officers, supervisors, or managers, been a party in any civil litigation or administrative proceeding alleging a violation by a subcontractor hired by your firm of any of the following: contract antitrust statutes, racketeering statutes, safety and health regulations, environmental laws, laws banning workplace discrimination, laws governing wages, hours or labor standards, or laws involving fraud, theft, or any other act of dishonesty?
(Explain on a separate sheet. Provide details including the nature of the claims and
defenses, caption, date, case or docket number, name of the court or agency before
which the case is pending or which it was heard, and current status.)
0 1 2 3 4 5+
19 Packet Page 257 of 345Attachment 2 Page 11 of 21
Circle Answer
5. How many times in the past five years, has your firm, or any of its officers, supervisors, or managers, paid any amount, fine or otherwise, regardless of characterization, to settle any of the allegations listed in Questions 3 and 4 above, whether with or without an admission of responsibility or liability?
(Explain o n a separate sheet. Provide details, including the caption, date, case or docket
number, and name of the court or agency before which the case was brought.)
0 1 2 3 4 5+
6. How many times has your firm, or any of its officers, supervisors, or managers, been debarred, suspended, disqualified, denied a classification rating or pre-qualification or otherwise been declared not responsible to or prevented from bidding or performing work on any public works contract or subcontract in the last five years?
(Explain on a separate sheet. State whether the firm involved was the firm applying for
pre-qualification here or another firm. Identify by name of the company, name of the
person within your firm who was associated with that company, date, owner of the
project, project name and information, basis for the action, and case or docket number.)
0 1 2 3 4 5+
7. How many times in the last five years has your firm been assessed and paid liquidated damages after completion of a project under a construction contract with either a public or private owner? (Explain o n a separate sheet. Identify all such projects by owner, owner’s address, date
of completion of the project, amount of liquidated dam ages assessed and all other
information necessary to fully explain the assessment of liquidated damages.)
0 1 2 3 4 5+
8. How many times during the past five years, has any surety company made any payments on your firm’s behalf as a result of a default, to satisfy any claims made against a performance or payment bond issued on your firm’s behalf, in connection with a construction project, either public or private?
(Explain on a separate sheet. Identify the amount of each such claim, name and
telephone number of the claimant, date of claim, grounds for claim, present status of
claim, date of resolution of such claim if resolved, method by which claim was resolved
if resolved, nature of resolution and amount, if any, at which claim was resolved.)
0 1 2 3 4 5+
9. How many times in the last five years has any insurance carrier, for any form of insurance, refused to renew an insurance policy for your firm? (Explain on a separate sheet. Name the insurance carrier, form of insurance, and year
of refusal.)
0 1 2 3 4 5+
20 Packet Page 258 of 345Attachment 2 Page 12 of 21
10. How many times during the last five years, has your firm been denied bond coverage by a surety company, or has there been a period of time when your firm had no surety bond in place during a public works construction project when one was required?
(Explain on a separate sheet. Indicate the date when your firm was denied coverage,
name of the company or companies which denied coverage, and the time period during
which you had no surety bond in place.)
0 1 2 3 4 5+
Circle Answer Criminal Matters and Civil Suits
11. How many times has your firm, or any of its officers, supervisors, or managers, ever been convicted of a crime involving any federal, state, or local law related to construction?
(Explain on a separate sheet. Identify who was involved, name of the public agency,
date of conviction, and ground s for conviction.)
0 1 2 3 4 5+
12. How many times has your firm, or any of its officers, supervisors, or managers, ever been found liable in a civil suit or convicted of a federal or state crime of fraud, theft, or involving any other act of dishonesty, such as making any false claim or material misrepresentations? (Explain o n a separate sheet. Identify the person or persons convicted o r found liable,
court [the county if a state court, the district or location if federal court], year, and
conduct involved.)
0 1 2 3 4 5+
NOTE: The following two questions refer only to disputes between your firm and
the owner of a project. You need not include information about disputes between
your firm and a supplier, another contractor, or subcontractor. You need not
include information about “pass-through” disputes in which the actual dispute is
between a sub-contractor and a project owner. Also, you may omit reference to
all disputes involving amounts of less than $50,000.
13. How many times in the last five years has any claim against your firm concerning your firm’s work on a construction project been filed in court or arbitration?
(Explain on a separate sheet. Identify the claim(s) by providing the project name, date
of the claim, name of the claimant, a brief description of the nature of the claim, the
court in which the case was filed and a brief description of the status of the claim [e.g.
"pending" or, if resolved, a brief description of the resolution].)
0 1 2 3 4 5+
14. How many times in the last five years has your firm made any claim against a project owner concerning work on a project or payment for a contract and filed that claim in court or arbitration? (Explain on a separate sheet. Identify the claim(s) by providing the project name, date
of the claim, name of the entity (or entities) against whom the claim was filed, a brief
description of the nature of the claim, the court in which the case was filed and a brief
description of the status of the claim [e.g. "pending" or if resolved, a brief description of
the resolution].)
0 1 2 3 4 5+
21 Packet Page 259 of 345Attachment 2 Page 13 of 21
Occupational Health and Safety Compliance Circle Answer
15. How many times in the last five years has CalOSHA cited and assessed penalties against your firm for any “serious,” “willful” or “repeat” violation(s) or the federal Occupational Safety and Health Administration cited and assessed penalties against your firm for violation(s) of safety or health regulations?
0 1 2 3 4 5+
NOTE: If you have filed an appeal of a citation, and the Occupational Safety and Health Appeals Board has not yet ruled on your appeal, you need not include information about it.
16. How many times in the last five years has the EPA or any Air Quality Management District or any Regional Water Quality Control Board cited and assessed penalties against either your firm or the owner of a project on which your firm was the contractor?
(Explain on a separate sheet describing each citation.) 0 1 2 3 4 5+
NOTE: If you have filed an appeal of a citation and the Appeals Board has not yet ruled on your appeal, or if there is a court appeal pending, you need not include information about the citation.
17. How many times within the last five years has there ever been a period when your firm had employees but was without workers’ compensation insurance or state-approved self-insurance?
(Explain the reason for each absence of workers’ compensation insurance on a separate sheet. If “None,” please provide a statement by your current workers’ compensation insurance carrier that verifies periods of workers’ compensation insurance coverage for the last five years. If your firm has been in the construction business for less than five years, provide a statement by your workers’ compensation insurance carrier verifying continuous workers’ co mpensation insurance coverage for the period that your firm has been in the construction business.)
0 1 2 3 4 5+
Prevailing Wage and Apprenticeship Compliance
18. How many times during the last five years, has your firm been required to pay back wages and/or penalties related to state or federal prevailing wage laws for work performed by your firm?
(Explain on a separate sheet. Describe the nature of each violation and identify the name of the project, date of its completion, public agency for which it was constructed, number of employees underpaid, and amount(s) of back wages and penalties your firm was required to pay.)
NOTE: Question 18 refers only to the violation of prevailing wage laws by your firm, not to violations by a subcontractor.
0 1 2 3 4 5+
22 Packet Page 260 of 345Attachment 2 Page 14 of 21
Circle Answer
19. How many times during the last five years, has your firm or any subcontractors hired by your firm been required to pay back wages and/or penalties related to state or federal prevailing wage laws for work performed by a subcontractor?
(Explain on a separate sheet. Identify the subcontractor’s business name and CSLB
license number, describe the nature of each violation, and identify the name of the
project, date of its completion, public agency for which it was constructed, number of
employees underpaid, and amount(s) of back wages and penalties your firm was
required to pay.)
0 1 2 3 4 5+
NOTE: This question refers only to the violation of prevailing wage laws by
subcontractors, not to violations by your firm.
20. How many times during the last five years, has your firm paid any penalties related to any provision of California apprenticeship laws or regulations, or the laws pertaining to use of apprentices on public works projects, including Labor Code sections 1777.5 and 1777.7? (Explain on a separate sheet. Provide the date(s) of such findings, case number(s), and
attach copies of the Department’s final decision(s).)
0 1 2 3 4 5+
21. How many times during the last five years, has any subcontractor hired by your firm paid any penalties related to any provision of California apprenticeship laws or regulations, or the laws pertaining to use of apprentices on public works projects, including Labor Code sections 1777.5 and 1777.7?
(Explain on a separate sheet. Provide the date(s) of such findings, case number(s), and
attach copies of the Department’s final decision(s).)
0 1 2 3 4 5+
NOTE: Omissions, misrepresentations and any failure
to disclose associations with other firms or any prior
history of alleged violations may lead to loss of your
eligibility to register as a Public Works Contractor,
disqualification of bids, and/or grounds for termination of a contract.
23 Packet Page 261 of 345Attachment 2 Page 15 of 21
E. PROJECT REFERENCES
Provide information about the firm’s six most recently completed public works projects and its three largest completed private projects within the last three years. Names and references must be current and verifiable. Use separate sheets of paper that contain all of the following information*:
For General Contractors: Only list projects your firm performed as the general contractor.
For Subcontractors: Only list projects your firm performed as the prime contractor if a single trade job or as a subcontractor on a multiple trade contract. For multiple trade contracts, indicate the general contractor’s name and contact information.
Project Name:
Location:
Owner:
Owner Contact (name and current phone number):
Architect or Engineering Firm:
Architect or Engineer Contact
(name and current phone number):
Construction Manager (name and current phone number):
Inspector of Record (name and current phone number):
Description of Project, Scope of Work Performed:
Total Value of Construction
(including change orders):
Date Construction Commenced:
Original Contractual Completion Deadline:
Adjusted Completion Deadline Based on
Time Extensions Granted by Owner:
Actual Date of Completion:
General Contractor’s Project Manager (lead contact in office), if applicable:
General Contractor’s Superintendent (lead contact on project site), if applicable:
* You may also provide information about other projects that you have completed that are similar to the project(s) for which you expect to bid using the same format.
24 Packet Page 262 of 345Attachment 2 Page 16 of 21
F. CERTIFICATION
Questionnaires submitted by corporations must be signed with the legal name of the corporation, followed by the name of the state of incorporation and by the signature and designation of the chairman of the board, president or any vice president, and then followed by a second signature by the secretary, assistant secretary, the chief financial officer or assistant treasurer. All persons signing must be authorized to bind the corporation in the matter. The name of each person signing shall also be typed or printed below the signature. Satisfactory evidence of the authority of each officer signing on behalf of a corporation shall befurnished.
Questionnaires submitted by partnerships must furnish the full name of all partners and must be signed in the partnership name by a general partner with authority to bind the partnership in such matters, followed by the signature and designation of the person signing. The name of the person signing shall also be typed or printed below the signature.
Each person signing below makes the following representations under penalty ofperjury:
The submitter of the foregoing answers to the questionnaire has read the same and the matters stated therein are true to the best of his or her own personal knowledge. This information is provided for the purpose of qualifying to bid on the Project, and any individual, company or other agency named herein is hereby authorized to supply the awarding body with any information necessary to verify the prospective bidder’s statements. By signing below, the submitter and the named contractor hereby grant permission to the [Public Entity] to contact any or all of the above listed persons or entities to confirm facts or otherwise investigate the above facts and issues.
The submitter understands that any statement which is proven to be false shall be grounds for immediate disqualification from bidding on the Project. The submitter whose signature appears below represents and warrants that he or she has authority to bind the named contractor.
I, (Name), the undersigned, am the
(Title), with the authority to act for and on behalf of (Contractor Entity Name), declare under penalty of perjury under the laws of the State of California that the foregoing information provided in this Pre-qualification Questionnaire is true, full, and correct.
I understand that making a false statement may result in disqualification from bidding on any public works project, registering as a Public Works Contractor with the Department of Industrial Relations, and may be grounds for termination of a public works contract.
Executed on this: day of at .
(Date) (Month / Year) (City / State)
Name of Contractor Representative:
Signature of Contractor Representative:
25 Packet Page 263 of 345Attachment 2 Page 17 of 21
SCORING WORKSHEET
26 Packet Page 264 of 345Attachment 2 Page 18 of 21
Section D. PRE‐QUALIFICATION CRITERIA
QUESTIONS AND SCORING
Question
Number
Factor #1 ‐
Points
Factor #2 ‐
Points
Multiplying
Factor
Total
Points
1 x2
2 x2
3 x2
4 x1
5 x2
6 x2
7 1
8 x2
9 x1
10 x2
11 x2
12 x2
13 x1
14 x1
15 x2
16 x2
17 x2
18 x2
19 x1
20 x2
21 x1
Total =
Factor #1: Whether the
incident was a good faith
mistake and, if so, the
error was promptly and
voluntarily corrected
when brought to the
attention of the
Contractor or
Subcontractor.
Factor #2: Whether the
Contractor or
Subcontractor has a prior
history or several
incidents are reported.
Questions Type:
14 Red Flag Questions (x2)
7 Non‐Red Flag Questions (x1)
Notes: The awarding body will review additional documents provided by the Contractor in response to the questions in Section D to calculate a final score using the two factors listed above.
A score on a scale of 1 to 5 is assigned to each factor.
Factor #1: A score of 1 is assigned where the incident is clearly the result of a good‐faith mistake, and a score of 5 is assigned where the incident is clearly an overtly willful action for which the Contractor is culpable.
Factor #2:A score of 1 is assigned where only a single incident exists, and a score of 5 is assigned where five or more incidents of that kind are reported.
A contractor is PRE‐QUALIFIED if the total score above is: 35 points or LESS.
A contractor is DISQUALIFIED if the total score above is: GREATER THAN 35 points.
27 Packet Page 265 of 345Attachment 2 Page 19 of 21
MODEL INTERVIEW
QUESTIONS
28 Packet Page 266 of 345Attachment 2 Page 20 of 21
MODEL INTERVIEW QUESTIONS
The following questions are optional and may be used by the public agency to interview individuals identified as “project references” in Section E of the questionnaire.
1. Give a brief description of the project.
2. Are there any outstanding stop notices, liens, or claims by the contractor that are currently unresolved on contracts for which notices of completion were recorded more than 120 days ago? (1 point for each is deducted from overall score; maximum amount to be deducted is 5 points)
3. Did the contractor provide adequate personnel?
4. Did the contractor provide adequate supervision?
5. Was there adequate equipment provided on the job?
6. Was the contractor timely in providing reports and other paperwork, including change order paperwork and scheduling updates?
7. Did the contractor adhere to the approved project schedule?
8. Was the project completed on time?
9. Did the contractor timely submit reasonable cost and time estimates to perform change order work?
10. How well did the contractor perform work after a change order was issued, and how well did the contractor integrate the change order work into the existing work?
11. How well did the contractor perform in the area of turning in Operation & Maintenance manuals, completing as-built drawings, providing required training and taking care of warranty items?
12. Given the nature of the project, were there an unusually high number of claims or unusual difficulty in resolving them?
13. Did the contractor make timely payments to either subcontractors or suppliers?
14. How would you rate the quality of the workoverall?
29 Packet Page 267 of 345Attachment 2 Page 21 of 21
Registered Apprenticeships by Program
Solano County Contra Costa County Napa County
Carpentry 259 462 16
Laborers 205 346 11
Plumbing 173 275 6
Electrical‐Electronic 143 210 40
California Firefighter 130 299 37
Iron‐Steel Workers 93 153 16
Personal Services 72 164 32
Painting‐Decoration 63 108 2
Elevator 59 80 2
Electric, Gas and Sanitary Services 56 92 2
Drywall/Lather 53 128 7
Sheet Metal 47 87 8
Cement Masons 42 24 9
Engineer 41 53 6
Health Services 36 11 7
Asbestos Workers 33 62 2
Boilermaker 33 36 1
Milwright 33 17 1
Glazier‐Glass workers 30 73 2
Apparel and Other Finished Products Made
from Fabrics 29 23 0
Plumbing HVAC 29 118 5
Drywall Finishing (Taping)21 26 1
Pile Driver 21 26 0
Fire Sprinkler Fitter 20 75 3
Roofers 17 89 2
Surveyor 16 27 0
Carpet, Linoleum ‐ Soft Tile 15 36 0
Fabricated Metal Products, Except Machinery
and Transportation Equipment 15 2 1
Sheet Metal HVAC 14 14 3
Inspector/Tester 12 18 2
Miscellaneous Services 12 23 0
Sound/Communication 12 37 0
Stationary Engineer and Building Support 10 47 0
Automotive Repair, Services, and Garages 9241
Tile Layer/Setter 7180
Bricklayer 5155
Executive, Legislative, and General
Government Except Finance 570
Food Stores 5280
Lineman 560
Information Technology 330
Attachment 3: Registered Apprenticeship Participants
Packet Page 268 of 345Attachment 3 Page 1 of 2
Lumber and Wood Products, Except Furniture 340
Plasters 360
Justice, Public Order, and Safety 220
Local and Suburban Transit and Interurban
Highway 280
Michellaneous Manufacturing Industries 200
Agricultural Production ‐ Crops 110
Electrical and Electronic Machinery,
Equipment, and Supplies 160
National Security and International Affairs 110
Stone, Clay, Glass, and Concrete Products 130
Educational Services 060
Administration of Environmental Quality and
Housing Programs 040
Inmate Programs 021
Miscellaneous Manufacturing Industries 020
Miscellaneous Retail 010
Motor Freight Transportation and
Warehousing 010
Registered Apprentice Sum 1899 3389 231
Packet Page 269 of 345Attachment 3 Page 2 of 2
Industry Program 5 Yr Count Avg 2016 2017 2018 2019 2020 2021 ASBESTOS WORKERS 16427 NORTHERN CALIFORNIA HEAT & FROST INSULATORS AND ALLIED WORKERS J.A.C.4.4
AUTOMOTIVE REPAIR, SERVICES AND
GARAGES
36 NORTHERN CALIFORNIA AUTOMOTIVE AND MACHINIST JOINT
APPRENTICESHIP COMMITTEE 8.2
60500 ADVANCED MANUFACTURING AND TRANSPORTATION
APPRENTICESHIPS OF CALIFORNIA 4.4
BOILERMAKER 9502 BOILERMAKERS WESTERN STATES J.A.C.11.4 BRICKLAYER 10121 BRICKLAYERS & ALLIED CRAFTS LOCAL 3 J.A.T.E.C.23 CALIFORNIA FIREFIGHTER 16508 CALIFORNIA FIRE FIGHTER JOINT APPRENTICESHIP COMMITTEE 1,643.2 CARPENTRY 38 CARPENTERS TRAINING COMMITTEE FOR NORTHERN CALIFORNIA 354.2 19950 ASSOCIATED BUILDERS & CONTRACTORS NORTHERN CALIFORNIA CHAPTER (ABC NORCAL) CARPENTRY U.A.C.23.2
CARPET, LINOLEUM - SOFT TILE 4789 NORTHERN CALIFORNIA FLOOR COVERING FINISHING TRADES INSTITUTE J.A.T.C.22.4
CEMENT MASONS 18496 NORTHERN CALIFORNIA CEMENT MASONS J.A.T.C.92.6 DRYWALL / LATHER 38 CARPENTERS TRAINING COMMITTEE FOR NORTHERN CALIFORNIA 103.2 DRYWALL FINISHING (TAPING)76 DISTRICT COUNCIL 16 DRYWALL FINISHERS FINISHING TRADES INSTITUTE JATC 36.6
ELECTRIC, GAS AND SANITARY SERVICES 5196 S.M.U.D. JOINT APPRENTICESHIP COMMITTEE 36 100456 S.M.U.D. JOINT APPRENTICESHIP COMMITTEE 0
ELECTRICAL - ELECTRONIC 152 SOLANO & NAPA COUNTIES ELECTRICIANS J.A.T.C.9.8 19602 WESTERN ELECTRICAL CONTRACTORS ASSOC., INC. (W.E.C.A.) APPRENTICESHIP AND TRAINING COMMITTEE 67
19885 ASSOCIATED BUILDERS & CONTRACTORS NORTHERN CALIFORNIA CHAPTER (ABC NORCAL) ELECTRICAL U.A.C.33
ELEVATOR 10835 NORTHERN CALIFORNIA ELEVATOR INDUSTRY JOINT APPRENTICESHIP AND TRAINING COMMITTEE 59.6
ENGINEER 9431 JOINT APPRENTICESHIP COMMITTEE FOR OPERATING ENGINEERS FOR THE 46 NORTHERN COUNTIES IN CALIFORNIA 183.4
FABRICATED METAL PRODUCTS, EXCEPT
MACHINERY AND TRANSPORTATION
EQUIPMENT
5044 CALIFORNIA TOOLING AND MACHINING APPRENTICESHIP
ASSOCIATION 6.6
60500 ADVANCED MANUFACTURING AND TRANSPORTATION
APPRENTICESHIPS OF CALIFORNIA 0.4
99958 STRONG WORKFORCE APPRENTICESHIP GROUP (SWAG)0
100049 TOOLING U-SME 0
FIRE SPRINKLER FITTER 5242 SPRINKLER FITTERS U.A. LOCAL 483 RESIDENTIAL JOINT APPRENTICESHIP COMMITTEE 1.2
19570 CALIFORNIA AMERICAN FIRE SPRINKLER ASSOCIATION, U.A.C.14.2 GLAZIER - GLASS WORKERS 370 NO. CA DC 16 GLAZIERS, ARCHITECTURAL METAL & GLASS WORKERS FINISHING TRADES INSTITUTE J.A.T.C.61.4
HEALTH SERVICES 5194 RX RESEARCH SERVICES UNILATERAL APPRENTICESHIP COMMITTEE 6.4 INSPECTOR/TESTER 5073 NORTHERN CALIFORNIA CONSTRUCTION INSPECTOR JOINT APPRENTICESHIP COMMITTEE 20.4
IRON - STEEL WORKERS 1501 INT'L ASSOCIATION OF BRIDGE, STRUCTURAL, ORNAMENTAL AND REINFORCING IRONWORKERS, LOCAL 118 J.A.T.C.21
LABORERS 5087 NORTHERN CALIFORNIA DISTRICT COUNCIL OF LABORERS HOD CARRIER J.A.C.7.4
5096 NORTHERN CALIFORNIA DISTRICT COUNCIL OF LABORERS' TRAFFIC CONTROL LABORER AND PARKING & HIGHWAY IMPROVEMENT LABORER ..22 10060 ASSOCIATED BUILDERS & CONTRACTORS NORTHERN CALIFORNIA CHAPTER (ABC NORCAL) CONSTRUCTION CRAFT LABORER U.A.C.28.6 10061 NORTHERN CALIFORNIA DISTRICT COUNCIL OF LABORERS
CONSTRUCTION CRAFT LABORERS J.A.T.C.710.2
LINEMAN 99120 CAL-NEV POWER LINEMAN J.A.T.C.71
LUMBER AND WOOD PRODUCTS, EXCEPT
FURNITURE 38 CARPENTERS TRAINING COMMITTEE FOR NORTHERN CALIFORNIA 4.8 MILWRIGHT 38 CARPENTERS TRAINING COMMITTEE FOR NORTHERN CALIFORNIA 24.8 MISCELLANEOUS SERVICES 5103 CALIFORNIA TRADESHOW & SIGN CRAFTS JOINT APPRENTICESHIP TRAINING COMMITTEE 36.8
PAINTING - DECORATION 40 PAINTERS & DECORATING FINISHING TRADES INSTITUTE J.A.T.C.52.6 5115 TRAFFIC CTRL PAINTER AUTOMOTIVE MARINE & SPECIALTY PAINTERS FINISHING TRADES INSTITUTE LOCAL #1176 0.6
5185 DISTRICT COUNCIL #16 INDUSTRIAL PAINTERS FINISHING TRADES INSTITUTE, JATC 12
19912 ASSOCIATED BUILDERS & CONTRACTORS NORTHERN CALIFORNIA CHAPTER (ABC NORCAL) PAINTING U.A.C.10.4
PILE DRIVER 38 CARPENTERS TRAINING COMMITTEE FOR NORTHERN CALIFORNIA 16 PLASTERERS 18 NORTHERN CALIFORNIA PLASTERER'S JOINT APPRENTICESHIP AND TRAINING COMMITTEE 17.4
PLUMBING 15 NAPA/SOLANO COUNTIES PLUMBERS AND STEAMFITTERS J.A.T.C.6.4 19699 NORTHERN CALIFORNIA LOCAL 355 J.A.T.C.6
19810 P.H.C.C. OF THE GREATER SACRAMENTO AREA PLUMBERS U.A.C.7.4 ROOFERS 2898 EAST BAY AND NORTH BAY COUNTIES ROOFERS/WATERPROOFERS J.A.T.C.22
19704 INDEPENDENT ROOFING CONTRACTORS OF CALIFORNIA, U.A.C.22.6 SHEET METAL 10 BAY AREA SHEET METAL J A C 102.4
SHEET METAL HVAC 10 BAY AREA SHEET METAL J A C 14.2
10837 WESTERN BURGLAR & FIRE ALARM ASSOCIATION U A T C 31 301471
32381810
6166
40912121014
242934191716
2,0931,8592,2511,4221,5261,158
567369528311313250
8538232624
221435183015
6973164869743
216421699212885
445927343330
142062214433
1 108810716
12910654576256
482431284735
1069168606316
228223244199146105
181025610
2 4
1 5141
37151413254
1028577565930
1318533
213230151510
352326281711
14911755
483318162716
131526503517
1,0429061,058717624246
826483716968
54596
291842232021
35447412418
776160444157
1111
13810201210
514111296
22518171723
26153219813
11107636
1105555
6851266
411832212217
593529221512
167889412311988
17181710215
Actual Completions
Attachment 4: Apprenticeship Participation Completion Rate for Solano County Packet Page 270 of 345Attachment 4 Page 1 of 4
Industry Program 5 Yr Count Avg 2016 2017 2018 2019 2020 2021SHEET METAL HVAC 10 BAY AREA SHEET METAL J A C 14.2 SOUND / COMMUNICATION 10837 WESTERN BURGLAR & FIRE ALARM ASSOCIATION U A T C 31 19167 NORTHERN CALIFORNIA SOUND AND COMMUNICATION J.A.T.C.70.8 19602 WESTERN ELECTRICAL CONTRACTORS ASSOC., INC. (W.E.C.A.) APPRENTICESHIP AND TRAINING COMMITTEE 19.6
19790 COMMUNICATION WORKERS OF AMERICA/AMERICAN
COMMUNICATION CONTRACTORS ASSOCIATION J.A.C.6
STATIONARY ENGINEER AND BUILDING
SUPPORT
7078 NORTHERN CALIFORNIA & NORTHERN NEVADA STATIONARY
ENGINEERS J.A.C.62
SURVEYOR 9442 NORTHERN CALIFORNIA SURVEYORS JOINT APPRENTICESHIP COMMITTEE 33.8
TILE LAYER/SETTER 88 NORTHERN CALIFORNIA TILE INDUSTRY JOINT APPRENTICESHIP TRAINING COMMITTEE 32
10121 BRICKLAYERS & ALLIED CRAFTS LOCAL 3 J.A.T.E.C.10.8 394341301724
12358109866833
381827261512
353877
436982654549
344742292724
503457381417
116211278
Actual Completions
Packet Page 271 of 345Attachment 4 Page 2 of 4
Industry Program 5 Yr Rate Avg 2016 2017 2018 2019 2020 2021 ASBESTOS WORKERS 16427 NORTHERN CALIFORNIA HEAT & FROST INSULATORS AND ALLIED WORKERS J.A.C.74.0
AUTOMOTIVE REPAIR, SERVICES AND
GARAGES
36 NORTHERN CALIFORNIA AUTOMOTIVE AND MACHINIST JOINT
APPRENTICESHIP COMMITTEE 52.4
60500 ADVANCED MANUFACTURING AND TRANSPORTATION
APPRENTICESHIPS OF CALIFORNIA 80.8
BOILERMAKER 9502 BOILERMAKERS WESTERN STATES J.A.C.54.0 BRICKLAYER 10121 BRICKLAYERS & ALLIED CRAFTS LOCAL 3 J.A.T.E.C.65.5 CALIFORNIA FIREFIGHTER 16508 CALIFORNIA FIRE FIGHTER JOINT APPRENTICESHIP COMMITTEE 76.7 CARPENTRY 38 CARPENTERS TRAINING COMMITTEE FOR NORTHERN CALIFORNIA 58.6 19950 ASSOCIATED BUILDERS & CONTRACTORS NORTHERN CALIFORNIA CHAPTER (ABC NORCAL) CARPENTRY U.A.C.93.5
CARPET, LINOLEUM - SOFT TILE 4789 NORTHERN CALIFORNIA FLOOR COVERING FINISHING TRADES INSTITUTE J.A.T.C.42.6
CEMENT MASONS 18496 NORTHERN CALIFORNIA CEMENT MASONS J.A.T.C.58.1 DRYWALL / LATHER 38 CARPENTERS TRAINING COMMITTEE FOR NORTHERN CALIFORNIA 59.6 DRYWALL FINISHING (TAPING)76 DISTRICT COUNCIL 16 DRYWALL FINISHERS FINISHING TRADES INSTITUTE JATC 66.5
ELECTRIC, GAS AND SANITARY SERVICES 5196 S.M.U.D. JOINT APPRENTICESHIP COMMITTEE 93.9 100456 S.M.U.D. JOINT APPRENTICESHIP COMMITTEE 0.0
ELECTRICAL - ELECTRONIC 152 SOLANO & NAPA COUNTIES ELECTRICIANS J.A.T.C.70.8 19602 WESTERN ELECTRICAL CONTRACTORS ASSOC., INC. (W.E.C.A.) APPRENTICESHIP AND TRAINING COMMITTEE 63.5
19885 ASSOCIATED BUILDERS & CONTRACTORS NORTHERN CALIFORNIA CHAPTER (ABC NORCAL) ELECTRICAL U.A.C.73.2
ELEVATOR 10835 NORTHERN CALIFORNIA ELEVATOR INDUSTRY JOINT APPRENTICESHIP AND TRAINING COMMITTEE 76.1
ENGINEER 9431 JOINT APPRENTICESHIP COMMITTEE FOR OPERATING ENGINEERS FOR THE 46 NORTHERN COUNTIES IN CALIFORNIA 76.6
FABRICATED METAL PRODUCTS, EXCEPT
MACHINERY AND TRANSPORTATION
EQUIPMENT
5044 CALIFORNIA TOOLING AND MACHINING APPRENTICESHIP
ASSOCIATION 61.2
60500 ADVANCED MANUFACTURING AND TRANSPORTATION
APPRENTICESHIPS OF CALIFORNIA 100.0
99958 STRONG WORKFORCE APPRENTICESHIP GROUP (SWAG)100.0 100049 TOOLING U-SME 0.0
FIRE SPRINKLER FITTER 5242 SPRINKLER FITTERS U.A. LOCAL 483 RESIDENTIAL JOINT APPRENTICESHIP COMMITTEE 64.3
19570 CALIFORNIA AMERICAN FIRE SPRINKLER ASSOCIATION, U.A.C.29.8 GLAZIER - GLASS WORKERS 370 NO. CA DC 16 GLAZIERS, ARCHITECTURAL METAL & GLASS WORKERS FINISHING TRADES INSTITUTE J.A.T.C.66.2
HEALTH SERVICES 5194 RX RESEARCH SERVICES UNILATERAL APPRENTICESHIP COMMITTEE 62.3 INFORMATION TECHNOLOGY 99958 STRONG WORKFORCE APPRENTICESHIP GROUP (SWAG)0.0 INSPECTOR/TESTER 5073 NORTHERN CALIFORNIA CONSTRUCTION INSPECTOR JOINT APPRENTICESHIP COMMITTEE 53.3
IRON - STEEL WORKERS 1501 INT'L ASSOCIATION OF BRIDGE, STRUCTURAL, ORNAMENTAL AND REINFORCING IRONWORKERS, LOCAL 118 J.A.T.C.48.7
LABORERS 5087 NORTHERN CALIFORNIA DISTRICT COUNCIL OF LABORERS HOD CARRIER J.A.C.36.8
5096 NORTHERN CALIFORNIA DISTRICT COUNCIL OF LABORERS' TRAFFIC CONTROL LABORER AND PARKING & HIGHWAY IMPROVEMENT LABORER ..45.7 10060 ASSOCIATED BUILDERS & CONTRACTORS NORTHERN CALIFORNIA CHAPTER (ABC NORCAL) CONSTRUCTION CRAFT LABORER U.A.C.91.9 10061 NORTHERN CALIFORNIA DISTRICT COUNCIL OF LABORERS
CONSTRUCTION CRAFT LABORERS J.A.T.C.53.8
LINEMAN 99120 CAL-NEV POWER LINEMAN J.A.T.C.83.0
LUMBER AND WOOD PRODUCTS, EXCEPT
FURNITURE 38 CARPENTERS TRAINING COMMITTEE FOR NORTHERN CALIFORNIA 48.0 MILWRIGHT 38 CARPENTERS TRAINING COMMITTEE FOR NORTHERN CALIFORNIA 60.0 MISCELLANEOUS SERVICES 5103 CALIFORNIA TRADESHOW & SIGN CRAFTS JOINT APPRENTICESHIP TRAINING COMMITTEE 50.6
PAINTING - DECORATION 40 PAINTERS & DECORATING FINISHING TRADES INSTITUTE J.A.T.C.50.0 5115 TRAFFIC CTRL PAINTER AUTOMOTIVE MARINE & SPECIALTY PAINTERS FINISHING TRADES INSTITUTE LOCAL #1176 21.4
5185 DISTRICT COUNCIL #16 INDUSTRIAL PAINTERS FINISHING TRADES INSTITUTE, JATC 59.8
19912 ASSOCIATED BUILDERS & CONTRACTORS NORTHERN CALIFORNIA CHAPTER (ABC NORCAL) PAINTING U.A.C.65.4
PILE DRIVER 38 CARPENTERS TRAINING COMMITTEE FOR NORTHERN CALIFORNIA 47.3 PLASTERERS 18 NORTHERN CALIFORNIA PLASTERER'S JOINT APPRENTICESHIP AND TRAINING COMMITTEE 43.9
PLUMBING 15 NAPA/SOLANO COUNTIES PLUMBERS AND STEAMFITTERS J.A.T.C.44.4 19699 NORTHERN CALIFORNIA LOCAL 355 J.A.T.C.34.4
19810 P.H.C.C. OF THE GREATER SACRAMENTO AREA PLUMBERS U.A.C.50.8 PLUMBING HVAC 15 NAPA/SOLANO COUNTIES PLUMBERS AND STEAMFITTERS J.A.T.C.0.0 ROOFERS 2898 EAST BAY AND NORTH BAY COUNTIES ROOFERS/WATERPROOFERS J.A.T.C.30.8
19704 INDEPENDENT ROOFING CONTRACTORS OF CALIFORNIA, U.A.C.25.3 SHEET METAL 10 BAY AREA SHEET METAL J A C 71.4
31.372.776.9100.00.0
30.814.318.253.868.277.3
53.377.887.5
74.569.258.660.0100.026.7
37.859.673.365.667.958.8
61.572.574.579.079.181.2
21.150.559.761.764.766.7
57.966.797.695.792.692.3
11.145.523.350.946.942.9
17.043.471.555.664.746.3
15.248.464.372.062.262.2
19.867.063.559.768.278.6
80.091.790.3100.093.8100.0
100.0
69.270.081.855.655.688.2
74.066.373.959.559.858.7
64.368.389.259.571.081.1
33.965.882.974.684.075.0
54.977.678.374.175.476.6
57.183.353.360.041.769.2
50.0100.0
100.0100.0100.0
10.00.0 50.040.075.0100.0
30.731.828.132.031.323.5
44.663.569.566.165.172.5
100.061.540.075.0100.0
0.00.0 75.075.655.348.433.346.9
37.867.450.048.458.331.1
46.945.028.651.433.39.5
25.440.447.539.354.560.6
50.085.087.594.1100.087.0
33.243.752.864.560.253.3
57.372.085.383.791.284.5
31.345.546.20.085.753.8
11.749.155.477.352.871.4
0.025.059.382.065.656.3
32.258.755.345.443.044.5
100.00.050.033.350.00.0
7.333.346.286.794.7100.0
66.768.861.161.164.777.8
32.443.248.143.845.258.1
34.848.649.051.030.029.6
11.145.846.736.450.0100.0
27.334.541.228.615.447.1
47.150.054.557.142.950.0
100.0
6.721.533.735.938.731.1
30.226.324.223.626.227.0
Completion Rates
Packet Page 272 of 345Attachment 4 Page 3 of 4
Industry Program 5 Yr Rate Avg 2016 2017 2018 2019 2020 2021ROOFERS19704 INDEPENDENT ROOFING CONTRACTORS OF CALIFORNIA, U.A.C.25.3 SHEET METAL 10 BAY AREA SHEET METAL J A C 71.4
SHEET METAL HVAC 10 BAY AREA SHEET METAL J A C 67.6
SOUND / COMMUNICATION 10837 WESTERN BURGLAR & FIRE ALARM ASSOCIATION U A T C 64.5 19167 NORTHERN CALIFORNIA SOUND AND COMMUNICATION J.A.T.C.74.3 19602 WESTERN ELECTRICAL CONTRACTORS ASSOC., INC. (W.E.C.A.) APPRENTICESHIP AND TRAINING COMMITTEE 65.6
19790 COMMUNICATION WORKERS OF AMERICA/AMERICAN
COMMUNICATION CONTRACTORS ASSOCIATION J.A.C.62.8
STATIONARY ENGINEER AND BUILDING
SUPPORT
7078 NORTHERN CALIFORNIA & NORTHERN NEVADA STATIONARY
ENGINEERS J.A.C.93.9
SURVEYOR 9442 NORTHERN CALIFORNIA SURVEYORS JOINT APPRENTICESHIP COMMITTEE 63.2
TILE LAYER/SETTER 88 NORTHERN CALIFORNIA TILE INDUSTRY JOINT APPRENTICESHIP TRAINING COMMITTEE 56.4
10121 BRICKLAYERS & ALLIED CRAFTS LOCAL 3 J.A.T.E.C.53.2
70.474.668.955.674.281.4
65.554.570.087.567.775.0
35.864.266.263.265.662.9
67.166.779.781.871.966.7
60.857.569.469.066.766.7
100.066.772.736.475.071.4
76.688.892.398.697.894.2
16.534.269.077.078.972.4
32.950.756.161.259.253.1
66.750.051.452.075.050.0
Completion Rates
Packet Page 273 of 345Attachment 4 Page 4 of 4
From:Nicole Goehring
To:Guiles, Anna
Subject:3 Prequal Solutions
Date:Friday, May 6, 2022 11:28:20 AM
Attachments:Fairfield Proposed PreQual Policy.docx
CAUTION: This email originated from outside the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.
Ana,
Please find attached our concerns with the proposed prequal presented by the Carpenters Union and three alternative solutions for the Staff Report for May 17. Thank you.
Attachment 5: Pre-Qualification Feedback by Associated Builders and Contractors (ABC) Northern California
Packet Page 274 of 345Attachment 5 Page 1 of 4
Correspondence from Nichole Goehring, ABC Nor Cal
Received Friday, May 6, 2022
In reviewing the proposed apprenticeship prequalification language below:
Apprenticeship
Apprenticeship For every apprenticeable craft, each general contractor and each subcontractor (at every tier for the project) will sign a certified statement under penalty of perjury that it participates in a Joint (Union) Apprenticeship Program Approved by the State of California, Division of Apprenticeship Standards OR in an apprenticeship program approved by the State of California Division of Apprenticeship Standards that has a graduation rate of 50% or higher and has graduated at least thirty (30) apprentices each consecutive year for the five (5) years immediately preceding submission of the pre-qualification documents. The contractor or subcontractor will also maintain at least the ratio of apprentices required by California Labor Code section 1777.5.
We have the following concerns and ask you to consider options to ensure participation from the entire construction industry.
We have approximately 250 public works contractors training with our registered apprenticeship model which combines classroom and on-the-job training who do NOT support putting restrictions and quotas on the type of apprenticeship programs they participate with to train their apprentices and would be ineligible to prequalify at the City of Fairfield is the above language is passed.
The language presented before you favors Joint Apprenticeship Programs – which as you know are sponsored by unions – and contractors participating in programs sponsored by a Unilateral Apprenticeship Programs have added requirements not being imposed to the Joint programs.
Why? How would a contractor know how many graduates an apprentice program has had? Their job is to bid and build the project not research graduation rates.
In California, any public works project over $30,000 is required to have the contractors – at all tiers – employ a ratio of registered apprentices to journey workers. By putting restrictions on the type of apprentice programs you are limiting the number of bidders and making taxpayers foot a higher cost of building your projects.
If you have done your homework, you are aware that although the Joint Apprenticeship Programs have been in existence for many, many years – the Unilateral Programs did not start to get approval from the Division of Apprenticeship Standards until the late 1990s and are still facing significant challenges by the State to grow and expand. The Unilateral Programs will continue to be smaller than the Joint Programs until they have been in existence as long as the Joint Programs have.
All the apprenticeship programs go through the same approval process, overseen by the Division of Apprenticeship Standards – DAS. Their job is to qualify and quantify the programs. Extra validation by Fairfield City Council is not required.
With the construction craft demand nearing 521,549 in California, now is not the time to restrict pipelines that are offering career pathways to men, women, veterans of and second chance populations.
Doing a sample search for similar apprenticeship programs, U.A.C. being non-union and J.A.T.C. being union, this is what I found regarding meeting the requirements. Although we have high completion rates, none of the ABC NorCal Apprenticeship Programs have graduated 30 apprentices a year for 5 Packet Page 275 of 345Attachment 5 Page 2 of 4
Correspondence from Nichole Goehring, ABC Nor Cal
Received Friday, May 6, 2022
consecutive years, and the current pandemic situation did not help. We have been graduating apprentices for over two decades. All of our programs would be excluded. Most JATC’s cannot meet the numbers they are suggesting.
Alternative Language:
One option is to use the State Pre-Qual Model:
11. Provide the name, address and telephone number of the apprenticeship program (approved by the California Apprenticeship Council) from whom you intend to request the dispatch of apprentices to employ on any public works project awarded by [Public Entity]. Name Address Phone
12. Provide the name, address and telephone number of the apprenticeship program (approved by the California Apprenticeship Council) from whom you have requested and/or employed apprentices in the past three years. Name Address Phone
13. If your firm operates its own State-approved apprenticeship program: (a) Identify the craft or crafts in which your firm provided apprenticeship training in the past year; (b) State the year in which each such apprenticeship program was approved and attach evidence of the most recent California Apprenticeship Council approval(s); (c) For each craft, list the number apprentices employed by your firm and the number of individuals that completed apprenticeships while employed by your firm during the last three years.
Another option to get more companies to work with apprenticeship programs, Joint or Unilateral is the following:
For every apprenticeable craft, each general contractor and each subcontractor (at every tier for the project) will sign a certified statement under penalty of perjury that it WILL participate in an Apprenticeship Program Approved by the State of California, Division of Apprenticeship Standards.
Or: California Labor Code 1777.5 sets out the apprenticeship requirements. Just require companies to comply with that.
§230.1. Employment of Apprentices on Public Works.
(a) Contractors, as defined in Section 228 to include general, prime, specialty or subcontractor, shall employ registered apprentice(s), as defined by Labor Code Section 3077, during the performance of a public work project in accordance with the required one hour of work performed by an apprentice for every five hours of labor performed by a journeyman, unless covered by one of the exemptions enumerated in Labor Code Section 1777.5 or this subchapter. Unless an exemption has been granted, the contractor shall employ apprentices for the number of hours computed above before the end of the contract. Contractors who are not already employing sufficient registered apprentices (as defined by Labor Code Section 3077) to comply with the one-to-five ratio must request the dispatch of required apprentices from the apprenticeship committees providing training in the applicable craft or trade and whose geographic area of operation includes the site of the public work by giving the committee written Packet Page 276 of 345Attachment 5 Page 3 of 4
Correspondence from Nichole Goehring, ABC Nor Cal
Received Friday, May 6, 2022
notice of at least 72 hours (excluding Saturdays, Sundays and holidays) before the date on which one or more apprentices are required. If the apprenticeship committee from which apprentice dispatch(es) are requested does not dispatch apprentices as requested, the contractor must request apprentice dispatch(es) from another committee providing training in the applicable craft or trade in the geographic area of the site of the public work, and must request apprentice dispatch(es) from each such committee, either consecutively or simultaneously, until the contractor has requested apprentice dispatches from each such committee in the geographic area.
Please keep me in the loop on any proposed language. I want to make sure it is inclusive of the entire construction industry.
By all means, let’s not penalize the contractors already working with apprenticeship programs of their choice.
Packet Page 277 of 345Attachment 5 Page 4 of 4
Agenda Item No: 18.
AGENDA REPORT
DATE:May 17, 2022
TO:Mayor and City Council
FROM:David Gassaway, Interim City Manager
SUBJECT:Resolution 2022113 of the City Council of the City of Fairfield Authorizing the City Manager to Execute a Letter of Intent for an Intergovernmental Support Agreement between the City of Fairfield and Travis Airforce Base
RECOMMENDED ACTION
Adopt resolution.
STATEMENT OF ISSUE
The City of Fairfield’s General Plan has a Travis Air Force Base (AFB) Protection element. The purpose is to demonstrate the City’s strong support of Travis AFB and emphasize its commitment to ensuring the continued operation of Travis AFB as it is vitally crucial to Fairfield’s and Solano County’s overall economic health. City staff and Travis AFB representatives are finalizing the terms of a blanket intergovernmental support agreement (IGSA) for City Council consideration at a future meeting. Before executing the IGSA to meet the procurement procedures of Travis AFB, the City must submit a non binding letter of intent (LOI) to Travis AFB indicating the City’s interest.
DISCUSSION
Travis AFB is home to the world’s largest military airlift unit, the 60th Air Mobility Wing, and serves as the home base for the Wing’s reserve counterpart, the 349th Air Mobility Wing. To demonstrate the City’s support of Travis AFB and continued commitment to the operation of Travis AFB, the City’s General Plan includes a Travis AFB Protection element. The Department of the Air Force (DAF) has a long tradition of harnessing the power of collaboration to increase mission capability, improve the quality of life for their service members and their families, and save money – all while generating value for their partners.
The Public Works Department is in discussion with Travis AFB personnel to negotiate an IGSA under which the City would provide a variety of support services. A LOI is the required starting point, from Travis AFB’s perspective, and both parties are working mutually to ensure all the steps for approval on both sides are taken. The City is in a unique position to create efficiencies, including speed of execution or economies of scale, that are in the best interest of Travis AFB via the use of City procurement procedures, municipal employees (contract administration), and subcontractors. Staff are confident that the City can provide Travis AFB with professional, prompt, and reliable service as a part Packet Page 278 of 345
Agenda Item No: 18.AGENDA REPORTDATE:May 17, 2022 TO:Mayor and City CouncilFROM:David Gassaway, Interim City ManagerSUBJECT:Resolution 2022113 of the City Council of the City of Fairfield Authorizing the CityManager to Execute a Letter of Intent for an Intergovernmental Support Agreementbetween the City of Fairfield and Travis Airforce BaseRECOMMENDED ACTIONAdopt resolution.STATEMENT OF ISSUEThe City of Fairfield’s General Plan has a Travis Air Force Base (AFB) Protection element. Thepurpose is to demonstrate the City’s strong support of Travis AFB and emphasize its commitment toensuring the continued operation of Travis AFB as it is vitally crucial to Fairfield’s and Solano County’soverall economic health. City staff and Travis AFB representatives are finalizing the terms of a blanketintergovernmental support agreement (IGSA) for City Council consideration at a future meeting. Beforeexecuting the IGSA to meet the procurement procedures of Travis AFB, the City must submit a nonbinding letter of intent (LOI) to Travis AFB indicating the City’s interest.DISCUSSIONTravis AFB is home to the world’s largest military airlift unit, the 60th Air Mobility Wing, and serves asthe home base for the Wing’s reserve counterpart, the 349th Air Mobility Wing. To demonstrate theCity’s support of Travis AFB and continued commitment to the operation of Travis AFB, the City’sGeneral Plan includes a Travis AFB Protection element. The Department of the Air Force (DAF) has along tradition of harnessing the power of collaboration to increase mission capability, improve thequality of life for their service members and their families, and save money – all while generating valuefor their partners. The Public Works Department is in discussion with Travis AFB personnel to negotiate an IGSA underwhich the City would provide a variety of support services. A LOI is the required starting point, fromTravis AFB’s perspective, and both parties are working mutually to ensure all the steps for approval onboth sides are taken. The City is in a unique position to create efficiencies, including speed ofexecution or economies of scale, that are in the best interest of Travis AFB via the use of City procurement procedures, municipal employees (contract administration), and subcontractors. Staff are confident that the City can provide Travis AFB with professional, prompt, and reliable service as a part of a mutually beneficial relationship.
Originally established through the National Defense Authorization Act (NDAA), fiscal year 2013, IGSAs are agreements between DAF installations and a state or local government to provide, receive, or share installation support services. IGSAs allow installation support services to be sole sourced to state and local governments partners, who need not adhere to all Federal Acquisition Regulations that would otherwise apply to military procurement. IGSAs have a maximum term of ten years, and the value of services provided under an IGSA is limited to $15 million. IGSAs also allow for payment for local government staff time and overhead.
A blanket IGSA allows a community partner to provide a suite of installation support services to the DAF through a single agreement. This provides an even greater degree of ease and speed in procuring these services. The DAF’s first blanket IGSA was signed in Fall 2019, when the Alamo Area Council of Governments (AACOG) and Joint Base San Antonio (JBSA) established their historic blanket IGSA, which provides JBSA the flexibility to go directly to AACOG for installation services through internal resources or their network of services providers.
In the above example, the agreement created an important new source of revenue for the local area and leveraged the regional government’s knowledge of the local market and existing relationships with vendors while consolidating the responsibility for coordinating disparate services onto one primary point of contact. The arrangement also benefits local vendors, who can contract through AACOG rather than the federal government to provide services to JBSA.
City staff is pleased and excited about the potential benefits of an IGSA for Travis AFB and DAF. The City currently enjoys a strong relationship with Travis AFB, and this venture is another opportunity to grow the relationship. The intent is to bring the completed IGSA to council for consideration at a future meeting.
FINANCIAL IMPACT
There are no immediate financial impacts beyond staff resources in contract negotiations.
PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
N/A
ALTERNATIVE ACTION
If the council has any questions, the recommended action may be delayed so that staff can provide the necessary background information.
STAFF CONTACT
Marisa Cumpian, Sr. Management Analyst
(707) 4287494
[email protected]
COORDINATED WITH
City Attorney's Office
ATTACHMENTS:
Description
Proposed Resolution
Proposed Letter of Intent
Packet Page 279 of 345
Agenda Item No: 18.AGENDA REPORTDATE:May 17, 2022 TO:Mayor and City CouncilFROM:David Gassaway, Interim City ManagerSUBJECT:Resolution 2022113 of the City Council of the City of Fairfield Authorizing the CityManager to Execute a Letter of Intent for an Intergovernmental Support Agreementbetween the City of Fairfield and Travis Airforce BaseRECOMMENDED ACTIONAdopt resolution.STATEMENT OF ISSUEThe City of Fairfield’s General Plan has a Travis Air Force Base (AFB) Protection element. Thepurpose is to demonstrate the City’s strong support of Travis AFB and emphasize its commitment toensuring the continued operation of Travis AFB as it is vitally crucial to Fairfield’s and Solano County’soverall economic health. City staff and Travis AFB representatives are finalizing the terms of a blanketintergovernmental support agreement (IGSA) for City Council consideration at a future meeting. Beforeexecuting the IGSA to meet the procurement procedures of Travis AFB, the City must submit a nonbinding letter of intent (LOI) to Travis AFB indicating the City’s interest.DISCUSSIONTravis AFB is home to the world’s largest military airlift unit, the 60th Air Mobility Wing, and serves asthe home base for the Wing’s reserve counterpart, the 349th Air Mobility Wing. To demonstrate theCity’s support of Travis AFB and continued commitment to the operation of Travis AFB, the City’sGeneral Plan includes a Travis AFB Protection element. The Department of the Air Force (DAF) has along tradition of harnessing the power of collaboration to increase mission capability, improve thequality of life for their service members and their families, and save money – all while generating valuefor their partners. The Public Works Department is in discussion with Travis AFB personnel to negotiate an IGSA underwhich the City would provide a variety of support services. A LOI is the required starting point, fromTravis AFB’s perspective, and both parties are working mutually to ensure all the steps for approval onboth sides are taken. The City is in a unique position to create efficiencies, including speed ofexecution or economies of scale, that are in the best interest of Travis AFB via the use of Cityprocurement procedures, municipal employees (contract administration), and subcontractors. Staff areconfident that the City can provide Travis AFB with professional, prompt, and reliable service as a partof a mutually beneficial relationship. Originally established through the National Defense Authorization Act (NDAA), fiscal year 2013, IGSAsare agreements between DAF installations and a state or local government to provide, receive, orshare installation support services. IGSAs allow installation support services to be sole sourced to stateand local governments partners, who need not adhere to all Federal Acquisition Regulations that wouldotherwise apply to military procurement. IGSAs have a maximum term of ten years, and the value ofservices provided under an IGSA is limited to $15 million. IGSAs also allow for payment for localgovernment staff time and overhead. A blanket IGSA allows a community partner to provide a suite of installation support services to the DAFthrough a single agreement. This provides an even greater degree of ease and speed in procuringthese services. The DAF’s first blanket IGSA was signed in Fall 2019, when the Alamo Area Council ofGovernments (AACOG) and Joint Base San Antonio (JBSA) established their historic blanket IGSA,which provides JBSA the flexibility to go directly to AACOG for installation services through internalresources or their network of services providers. In the above example, the agreement created an important new source of revenue for the local area andleveraged the regional government’s knowledge of the local market and existing relationships withvendors while consolidating the responsibility for coordinating disparate services onto one primarypoint of contact. The arrangement also benefits local vendors, who can contract through AACOG ratherthan the federal government to provide services to JBSA. City staff is pleased and excited about the potential benefits of an IGSA for Travis AFB and DAF. TheCity currently enjoys a strong relationship with Travis AFB, and this venture is another opportunity togrow the relationship. The intent is to bring the completed IGSA to council for consideration at a futuremeeting.FINANCIAL IMPACTThere are no immediate financial impacts beyond staff resources in contract negotiations.PUBLIC CONTACT/ADVISORY BODY RECOMMENDATIONN/AALTERNATIVE ACTIONIf the council has any questions, the recommended action may be delayed so that staff can provide thenecessary background information.STAFF CONTACTMarisa Cumpian, Sr. Management Analyst (707) 428[email protected] WITHCity Attorney's OfficeATTACHMENTS:Description Proposed Resolution
Proposed Letter of Intent
REVIEWERS:
Reviewer Action Date
Kaushal, Paul Approved 5/3/2022 2:48 PM
Beavers, Esther Approved 5/5/2022 3:29 PM
Beavers, Esther Approved 5/5/2022 3:29 PM
Packet Page 280 of 345
CITY OF FAIRFIELD
RESOLUTION NO. 2022-113
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAIRFIELD AUTHORIZING THE CITY
MANAGER TO EXECUTE A LETTER OF INTENT FOR AN INTERGOVERNMENTAL SUPPORT
AGREEMENT BETWEEN THE CITY OF FAIRFIELD AND TRAVIS AIRFORCE BASE
WHEREAS, Travis Air Force Base (AFB) is home to the world’s largest military airlift unit, the 60th Air Mobility Wing; and
WHEREAS, the City of Fairfield’s General Plan has a Travis AFB Protection element, the purpose of which is to demonstrate the City’s strong support to Travis AFB, and to emphasize commitment to ensuring the continued operation of Travis AFB as it is vitally important to Fairfield’s and Solano County’s overall economic health; and
WHEREAS, an intergovernmental support agreement (IGSA) is an agreement with which the Department of the Air Force (DAF) receives installation support services from a community partner, such as a local or state government; and
WHEREAS, Public Works Department staff and Travis AFB representatives are currently negotiating a blanket intergovernmental support agreement for City Council consideration at a future meeting; and
WHEREAS, as a part of this process, staff is requesting authorization for the city manager to sign a non-binding letter of intent (LOI) for submittal to the Travis AFB Base Wing Commander; and
WHEREAS, the LOI constitutes an indication of the City’s interest as we progress contract negotiations.
NOW, THEREFORE, THE COUNCIL OF THE CITY OF FAIRFIELD HEREBY RESOLVES:
Section 1. The city manager is hereby authorized and directed to execute, on behalf of the City of Fairfield, a letter of intent to enter into an intergovernmental support agreement with Travis Air Force Base.
Packet Page 281 of 345Attachment 1 Page 1 of 2
RES. NO. 2022-113
PASSED AND ADOPTED this 17th day of May, 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 282 of 345Attachment 1 Page 2 of 2
FAIRFIELD
Fqwa
6 CITY OF FAIRFIELD
Founded 1-856 - IncorporatedDecenfter 12, 1903
CITY MANAGER'S OFFICE
May 18,2022
Colonel Corey A. Simmons
Commander, 60th Air Mobility Wing
400 Brennan Circle
Travis AFB, California 94535-5000
Re Letter of Intent; lntergovernmental Support Agreem
Dear ColonelSimmons:
The City of Fairfield welcomes the opportunity to enter into a blankbt intergovernmental support agreement (IGSA) with Travis Air Force Base (AFB) and the Department of the Air Force (DAF) to provide various goods and services to Travis AFB,
(contract ad ministration)su
position t6 create efficiencies like speed of execution, or interest of Travis AFB via the use of municipal employees rs. We,strongly believe the City can provide Travis
The City, a
economres
municipality. i
of scale that,a
srnau
re ln
and
the
cial relationship.
ur interest only.
y contemplated
r Travis AFB and
see this venture
ist Travis AFB in
meeting its mission in the most efficient and economically feasible manner and we look forward to doing so.
1000 Webster Street . Fairfield . California o 94333-4836 . (707) 428-7400. fairfield.ca.gov Packet Page 283 of 345Attachment 2 Page 1 of 2
Letter to Colonel Corey Simmons
Re: Letter of Intent, lntergovernmental Support Agreement May L8,2022
lf you have any question or need additional information regardlng our interest, please contact Marisa Cumpian, Sr. Management Analyst, at (707) 428-7494 or via email at mcu m p ia n @fa i rfield.ca. gov
Sincerely,
DAVID J. GASSAWAY
lnterim City Manager
MC/mc
Attach m ent: Resolutio n 2022-
cc:Paul Kaushal, Public Works Di
Marisa Cumpian, Sr. Management
Col Melvin Maxwell, 60th Mission 5up
Mr. Joseph Dingm
r, Travis AFB
r of Staff,AFB
Mr. Bobbie Ca
'i
Packet Page 284 of 345Attachment 2 Page 2 of 2
Agenda Item No: 19.
AGENDA REPORT
DATE:May 17, 2022
TO:Mayor and City Council
FROM:David Gassaway, Interim City Manager
SUBJECT:Public Hearing; and
Resolution 2022114 of the City Council of the City of Fairfield Levying an Assessment for Calendar Year 2022 for the North Texas Street Business Improvement District RECOMMENDED ACTION
Hold public hearing and adopt resolution.
STATEMENT OF ISSUE
A public hearing is necessary for the City Council to hear and consider protests, if any, to the resolution declaring its intention to levy and collect an assessment for calendar year 2022 for businesses in the North Texas Street Business Improvement District (BID).
DISCUSSION
On April 4, 2022, the North Texas Street Business Association (NTSBA) submitted the NTSBA Advisory Report for 2021 and Proposed Budget for Calendar Year 2022 (Report) to the City Clerk’s Office.
These documents describe the method and basis of levying the assessments for 2022 and identify the improvements and activities to be performed during the year.
On May 3, 2022, the council adopted Resolution 202294 approving the Report and Resolution 2022 95 declaring the City’s intention to levy an assessment on businesses within the BID for calendar 2022, and set May 17, 2022, as the time and place for a public hearing. The public hearing is necessary for the council to hear and consider protests to the levy of the assessment.
Collection of the assessments for calendar year 2022 constitutes the period commencing on January 1, 2022, and ending December 31, 2022. The total amount anticipated from the assessments is $65,000.
The 2022 assessment amount is based on business type, location in the BID, and employment size.
Please note that the assessments for calendar year 2022 are the same as those originally assessed in calendar year 2000.
FINANCIAL IMPACT
Packet Page 285 of 345
Agenda Item No: 19.AGENDA REPORTDATE:May 17, 2022 TO:Mayor and City CouncilFROM:David Gassaway, Interim City ManagerSUBJECT:Public Hearing; andResolution 2022114 of the City Council of the City of Fairfield Levying an Assessmentfor Calendar Year 2022 for the North Texas Street Business Improvement DistrictRECOMMENDED ACTIONHold public hearing and adopt resolution.STATEMENT OF ISSUEA public hearing is necessary for the City Council to hear and consider protests, if any, to the resolutiondeclaring its intention to levy and collect an assessment for calendar year 2022 for businesses in theNorth Texas Street Business Improvement District (BID).DISCUSSIONOn April 4, 2022, the North Texas Street Business Association (NTSBA) submitted the NTSBA AdvisoryReport for 2021 and Proposed Budget for Calendar Year 2022 (Report) to the City Clerk’s Office.These documents describe the method and basis of levying the assessments for 2022 and identify theimprovements and activities to be performed during the year. On May 3, 2022, the council adopted Resolution 202294 approving the Report and Resolution 202295 declaring the City’s intention to levy an assessment on businesses within the BID for calendar 2022,and set May 17, 2022, as the time and place for a public hearing. The public hearing is necessary forthe council to hear and consider protests to the levy of the assessment. Collection of the assessments for calendar year 2022 constitutes the period commencing on January 1,2022, and ending December 31, 2022. The total amount anticipated from the assessments is $65,000.The 2022 assessment amount is based on business type, location in the BID, and employment size.Please note that the assessments for calendar year 2022 are the same as those originally assessed incalendar year 2000.
FINANCIAL IMPACT
No City funds are involved. The assessments are collected from BID members and are anticipated to total $65,000.
PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
Resolution 202295, i.e. the resolution of intention, was published on the May 6, 2022, in the Daily Republic newspaper. On February 23, 2022, the NTSBA Advisory Board approved levying an assessment for calendar 2022 and execution of the contract between NTSBA and the City.
ALTERNATIVE ACTION
The council may choose to modify the proposed assessment or the type or types of improvements and activities to be funded with the revenues from the assessments.
STAFF CONTACT
Jennifer Rice, Real Estate Specialist II
(707) 4287727
[email protected]
COORDINATED WITH
City Attorney's Office
ATTACHMENTS:
Description
Proposed Resolution
REVIEWERS:
Reviewer Action Date
Dalman, Dwayne Approved 5/4/2022 12:42 PM
Beavers, Esther Approved 5/9/2022 9:06 AM
Packet Page 286 of 345
CITY OF FAIRFIELD
RESOLUTION NO. 2022-114
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAIRFIELD LEVYING AN ASSESSMENT FOR CALENDAR YEAR 2022 FOR THE NORTH TEXAS STREET BUSINESS IMPROVEMENT DISTRICT
WHEREAS, the Parking and Business Improvement Area Law of 1989, California Streets and Highways Code Sections 36500 et seq. (Law), authorizes the City Council to levy an assessment against businesses within a parking and business improvement area, which is in addition to any assessments, fees, charges, or taxes imposed in the City; and
WHEREAS, pursuant to the Law, the council adopted Ordinance 99-21 establishing the North Texas Street Business Improvement District (BID) in the City; and
WHEREAS, the boundaries of the BID are generally described to include all properties abutting North Texas Street and Texas Street between Clay Street to the south and Nelson Street to the north, as well as certain properties abutting these core properties. A map showing the boundaries of the BID and properties within the BID is on file in the City Clerk’s Office and is incorporated herein by reference; and
WHEREAS, by Resolution 2000-280, the council appointed the North Texas Street Business Association (NTSBA) to serve as the Advisory Board for the BID (Advisory Board); and
WHEREAS, on February 23, 2022, the NTSBA Advisory Board approved levying an assessment for calendar year 2022 and execution of the contract between NTSBA and the City; and
WHEREAS, in accordance with Section 36533 of the Law, the Advisory Board prepared and filed with the City Clerk’s Office on April 4, 2022, a report entitled “NTSBA Advisory Report for 2021 and Proposed Budget for Calendar Year 2022 (Report); and
WHEREAS, the Report describes the method and basis for levying the assessments for 2022 and identifying the improvements and activities to be performed during t hat calendar year; and
WHEREAS, on May 3, 2022, the council adopted Resolution 2022-94 that preliminarily approved the Report; and
WHEREAS, on May 3, 2022, the council adopted Resolution 2022-95 declaring the City’s intention to levy an assessment on businesses within the BID for 2022 subject to a public Packet Page 287 of 345Attachment 1 Page 1 of 3
RES. NO. 2022-114
hearing and setting May 17, 2022, beginning at 6:00 p.m., City Council Chambers, 1000 Webster Street, Fairfield, CA 94533 as the time and place for said public hearing.
NOW, THEREFORE, THE COUNCIL OF THE CITY OF FAIRFIELD HEREBY RESOLVES:
Section 1. Following notice duly given pursuant to law, the council has held a full and fair public hearing on May 17, 2022, regarding the levy and collection of an assessment within the BID for the 2022 calendar year. All interested persons were afforded the opportunity to hear and to be heard regarding protests and objections to the levy and collection of the ass essment for calendar year 2022. The council finds that there was no majority protest within the meaning of the Law. All protests and objections to the levy and collection of the assessment and any and all other protests and objections are hereby overruled by the council.
Section 2. Based upon its review of the Report, a copy of which has been presented to th e council and which has been filed with the City Clerk’s Office, and other reports and information, the council hereby finds and determines that: (i) the businesses in the BID will be benefited by the expenditure of funds raised by the assessment; (ii) the BID includes all of the businesses so benefited; and (iii) the net amount of the assessment levied within the BID for the 2022 calendar year in accordance with the Report is apportioned by a formula and method which fairly distributes the net amount in proportion to the estimated benefits to be received by each such business.
Section 3. The council hereby confirms the Report as originally filed.
Section 4. The adoption of this resolution constitutes the levy of an assessment for the calendar year 2022 (commencing January 1, 2022, and ending December 31, 2022).
Section 5. The council hereby declares that the proposed uses of the revenues derived from the assessments levied against businesses in the BID are for the following facilities and activities:
(a) The acquisition, construction, installation or maintenance of tangible property wi th a useful life of five years or more, including, but not limited to, the following: (i) benches; (ii) trash receptacles; (iii) decorations; and (iv) permanent landscaping; (b) Promotion of public events which benefit businesses in the BID and which take place in public places within the BID;
(c) Furnishing of music in any public place in the BID; and (d) Activities which benefit businesses located and operating in the BID.
Packet Page 288 of 345Attachment 1 Page 2 of 3
RES. NO. 2022-114
Section 6. The city manager is authorized and directed to do all things necessary to implement this resolution.
PASSED AND ADOPTED this 17th day of May, 2022, by the following vote:
AYES: MEMBERS: PRICE / BERTANI / MOY / PANDURO / TIMM / TONNESEN / VACCARO
NOES: MEMBERS:
ABSENT: MEMBERS:
ABSTAIN: MEMBERS:
MAYOR
ATTEST:
____________________________
CITY CLERK
Packet Page 289 of 345Attachment 1 Page 3 of 3
Agenda Item No: 20.
AGENDA REPORT
DATE:May 17, 2022
TO:Mayor and City Council
FROM:David Gassaway, Interim City Manager
SUBJECT:Receive Report and Hold Public Hearing Regarding Triennial Water System Report on Public Health Goals
RECOMMENDED ACTION
Receive report and hold public hearing.
STATEMENT OF ISSUE
The California Health and Safety Code requires public water systems serving more than 10,000 connections produce a triennial report identifying each contaminant detected that exceeded the applicable Public Health Goal (PHG) or Maximum Contaminant Level Goal (MCLG), and then hold a public hearing on the report. PHGs are water quality goals established by the California Office of Environmental Health Hazard Assessment (OEHHA). MCLGs are set by the US Environmental Protection Agency for contaminants that do not have a PHG. They are not enforceable regulatory standards but do prescribe the level of a chemical contaminant in drinking water that does not pose a significant risk to health. The city’s water system met the regulated standards for all constituents during the threeyear, 20192021, compliance period. The required report is attached.
DISCUSSION
Under the CalderonSher Safe Drinking Water Act of 1996, large public water systems are required to prepare a report every three years for contaminants that exceed their respective PHGs. In addition to specifying exceedances and the associated health risks, the report must incorporate an estimate of aggregate costs to reduce such exceedances below the PHG using best available technology. PHGs and MCLGs are nonenforceable drinking water standards established using health risk assessments and do not consider other aspects such as treatment technology, feasibility, and other practical factors used to set enforceable drinking water standards.
The City’s triennial report (Report), covering 2019 through 2021, is included as Attachment 1. The city’s water system met all of the healthbased drinking water standards and maximum contaminant levels required by the State Water Resources Control Board and United States Environmental Protection Agency during the past three years.
The follow contaminant, coliform bacteria, was detected at levels that exceeded the applicable MCLG Packet Page 290 of 345
Agenda Item No: 20.AGENDA REPORTDATE:May 17, 2022 TO:Mayor and City CouncilFROM:David Gassaway, Interim City ManagerSUBJECT:Receive Report and Hold Public Hearing Regarding Triennial Water System Report onPublic Health GoalsRECOMMENDED ACTIONReceive report and hold public hearing.STATEMENT OF ISSUEThe California Health and Safety Code requires public water systems serving more than 10,000connections produce a triennial report identifying each contaminant detected that exceeded theapplicable Public Health Goal (PHG) or Maximum Contaminant Level Goal (MCLG), and then hold apublic hearing on the report. PHGs are water quality goals established by the California Office ofEnvironmental Health Hazard Assessment (OEHHA). MCLGs are set by the US EnvironmentalProtection Agency for contaminants that do not have a PHG. They are not enforceable regulatorystandards but do prescribe the level of a chemical contaminant in drinking water that does not pose asignificant risk to health. The city’s water system met the regulated standards for all constituents duringthe threeyear, 20192021, compliance period. The required report is attached.DISCUSSIONUnder the CalderonSher Safe Drinking Water Act of 1996, large public water systems are required toprepare a report every three years for contaminants that exceed their respective PHGs. In addition tospecifying exceedances and the associated health risks, the report must incorporate an estimate ofaggregate costs to reduce such exceedances below the PHG using best available technology. PHGsand MCLGs are nonenforceable drinking water standards established using health risk assessmentsand do not consider other aspects such as treatment technology, feasibility, and other practical factorsused to set enforceable drinking water standards.The City’s triennial report (Report), covering 2019 through 2021, is included as Attachment 1. The city’swater system met all of the healthbased drinking water standards and maximum contaminant levelsrequired by the State Water Resources Control Board and United States Environmental ProtectionAgency during the past three years.
The follow contaminant, coliform bacteria, was detected at levels that exceeded the applicable MCLG within the drinking water system. The level of detection of coliform bacteria, discussed in further detail in the Report, is in relation to the respective MCLG. The numerical public health risks associated with the Maximum Contaminant Level (MCL) and the MCLG is identified, along with the cost of compliance using best available technologies. Although there were detections of coliform bacteria, the contaminant levels were well within regulatory compliance standards.
In summary, staff believe the performance of the city’s system to be excellent and do not recommend any change of policies, procedures, or practices as a result. In fact, in recognition of the infeasibility of attainment of many of the PHGs, Health and Safety Code Section 116470(5)(d) states, “The State Water Control Board shall not require a public water system to take any action to reduce or eliminate any exceedance of a public health goal.” State law does require, however, that we provide copies of this report to the council and hold a public hearing to “accept and respond to public comment on the report” before July 1, 2022.
FINANCIAL IMPACT
N/A
PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
Comparable water quality information is provided to the public through the City’s annual water quality reports available for viewing on the City of Fairfield website ( www.fairfield.ca.gov) .
ALTERNATIVE ACTION
No action is required. State law requires the presentation of the subject report and public hearing.
STAFF CONTACT
Jenell Pratt, Water Quality Laboratory Supervisor
(707) 4375386
[email protected]
COORDINATED WITH
N/A
ATTACHMENTS:
Description
Triennial Water System Report of Public Health Goals
REVIEWERS:
Reviewer Action Date
Hether, Michael Approved 5/2/2022 4:49 PM
Kaushal, Paul Approved 5/2/2022 7:16 PM
Beavers, Esther Approved 5/5/2022 12:47 PM
Beavers, Esther Approved 5/5/2022 1:01 PM
Packet Page 291 of 345
CITY OF FAIRFIELD - PUBLIC WATER SYSTEM 4810003
REPORT ON SYSTEM’S WATER QUALITY RELATIVE TO PUBLIC HEALTH GOALS
Background:
Provisions of the California Health and Safety Code § 11670(b) (Reference No. 1) specify that public water systems serving more than 10,000 service connections prepare a special report initially by July 1, 1998 and subsequently every three years if their water quality measurements have exceeded any Public Health Goals (PHGs). PHGs are non-enforceable goals established by the Cal-EPA’s Office of Environmental Health Hazard Assessment (OEHHA). The law also requires that where OEHHA has not adopted a PHG for a constituent, the water suppliers are to use the Maximum Contaminant Level Goals (MCLGs) adopted by USEPA. Only constituents which have a California primary drinking water standard and for which either a PHG or MCLG has been set are to be addressed. (Reference No. 2 is a list of all regulated constituents with the MCLs and PHGs or MCLGs.)
This report provides the information required by the law (Reference No. 1). If a constituent was detected in the System’s water supply between 2019 and 2021 at a level exceeding the applicable PHG or MCLG, the following information is incorporated: the numerical risk associated with the Maximum Contaminant Level (MCL), PHG or MCLG, and the category or type of risk to health that could be associated with each constituent. Also explained are the best treatment technologies available that could reduce the constituent level, and an estimate of the cost to install that treatment if it is appropriate and feasible.
What is an MCL?
The highest level of a contaminant allowed in drinking water set by the State Water Resources Control Board (SWRCB) and the USEPA. Primary MCLs are set as close to the corresponding PHG (or MCLG) as is economically and technologically feasible. In some cases, it may not be feasible for the SWRCB to set the drinking water standard for a contaminant at the same level as the PHG. The technology to treat the chemicals may be unavailable, or the treatment may be very costly. The SWRCB must consider these factors when developing a drinking water standard.
What is a Primary Drinking Water Standard?
The National Primary Drinking Water Regulations are legally enforceable primary standards.
Primary drinking water standards are set to limit levels of contaminants that may pose a health risk.
Contaminants monitored are categorized as inorganic and organic chemicals, microorganisms, disinfection byproducts, disinfectants and radionuclides. Primary drinking water standards establish an MCL by considering contaminant impact on human health, and the technological and economic feasibility for removal by a treatment facility. The State Water Resources Control Board reviews each primary drinking water standard once every five years. Any revision must maintain or strengthen public health protection.
Packet Page 292 of 345Attachment 1 Page 1 of 17
What Are PHGs?
PHGs are set by the California Office of Environmental Health Hazard Assessment (OEHHA), which is part of Cal-EPA, and are based solely on public health risk considerations. A PHG is the level of a chemical contaminant in drinking water that does not pose a significant risk to health. None of the practical risk-management factors that are considered by the USEPA or the SWRCB in setting drinking water standards are considered in developing PHGs. These factors include analytical detection capability, treatment technology availability, benefits and costs.
PHGs are non-enforceable and are not required to be met by any public water system. MCLGs are the federal equivalent to PHGs.
Water Quality Data Considered:
All of the water quality data collected by our water system between 2019 and 2021 for purposes of determining compliance with drinking water standards was considered. This data was summarized in our 2019, 2020, and 2021 Annual Consumer Confidence Reports, which were made available to customers before July 1 of each year following the monitoring year. Our water system is in full compliance with the Federal and State regulations. If you require further information concerning contaminants and their potential health effects, please contact Jenell Pratt at (707) 437-5386.
Guidelines Followed:
There is no regulatory guidance explaining requirements for the preparation of Public Health Goal reports. However, The Association of California Water Agencies (ACWA) formed a workgroup, which prepared guidelines for water utilities to use in preparing these required reports. These guidelines were used in the preparation of this report.
Best Available Treatment Technology and Cost Estimates:
Both the USEPA and the SWRCB adopt Best Available Technologies (BATs), which are the best-known methods of reducing contaminant levels to the MCL. Costs can be estimated for such technologies. However, since many PHGs and all MCLGs are set much lower than the MCL, it is neither always possible nor feasible to determine what treatment is needed to further reduce a constituent to the PHG or MCLG. Many MCLGs are zero and estimating the costs to reduce a constituent to zero is difficult. It is not possible to verify by analytical means that the level was lowered to zero. In some cases, installing treatment to further reduce already very low levels of one constituent may have adverse effects on other aspects of water quality.
§ 116470(b)(5) of the Health and Safety Code requires an estimate of the aggregate costs and the cost per customer of utilizing a best available technology. A cost estimate should only be calculated when the PHG/MCLG level is clearly exceeded - not momentarily, or only on one sample.
Packet Page 293 of 345Attachment 1 Page 2 of 17
Constituents Detected That Exceed a PHG or an MCLG:
The following is a discussion of the contaminant that exceeded the MCLG detected in our drinking water.
Coliform Bacteria:
During 2019, 2020 and 2021, approximately 140 to 175 samples were collected each month for coliform analysis. Occasionally, a sample result was positive for coliform bacteria, but repeat samples were negative and follow up actions were taken. During two of these thirty-six months, coliform levels were found positive in 1% of the samples.
The MCL for coliform is 5% positive samples of all samples per month and the MCLG is zero.
The reason for the coliform drinking water standard is to minimize the possibility of water containing pathogens, which are organisms that cause waterborne disease. Because coliform is only a surrogate indicator of the potential presence of pathogens, it is not possible to state a specific numerical health risk. While USEPA normally sets MCLGs “at a level where no known or anticipated adverse effects on persons would occur,” it is indicated that it is infeasible with coliforms.
Coliform bacteria are indicator organisms that are ubiquitous in nature and are not generally considered harmful. They are used because of the ease in monitoring and analysis. If a positive sample is found, it indicates a potential problem that needs to be investigated and follow-up sampling is performed. It is not unusual for a system to have an occasional positive sample. It is difficult, if not impossible, to assure that a system will never get a positive sample.
Chlorine is added to the drinking water to assure that the water served is microbiologically safe.
Chlorine residual levels are carefully controlled to provide the best health protection without causing the water to have undesirable taste and odor, or increasing the disinfection byproduct level. This careful balance of treatment process is essential to consistently supplying our customers with safe drinking water.
Other equally important measures that we have implemented include an effective cross- connection control program, maintenance of a disinfectant residual throughout our system, and an effective monitoring and surveillance program. We also maintain positive pressures in our distribution system. Our system has already taken all of the steps described as “best available technology” for coliform bacteria in Section 64447, Title 22, CCR.
Recommendations for Further Action:
The drinking water quality of the City of Fairfield Public Water Utility System meets all State Water Resources Control Board and USEPA drinking water standards set to protect public health. The MCLG detections mentioned above represent a momentary exceedance, rather than a Packet Page 294 of 345Attachment 1 Page 3 of 17
clear exceedance (constant levels above the MCLG). Therefore, a specific cost estimate is not required, and no action is proposed.
REFERENCES:
No.1 Excerpt from California Health & Safety Code: § 116470(b) No.2 Table of Regulated Constituents with MCLs, PHGs, MCLGs
Packet Page 295 of 345Attachment 1 Page 4 of 17
State of California
HEALTHAND SAFETY CODE
Section 116470
116470. (a) As a condition of its operating permit, every public water system shall annually prepare a consumer confidence report and mail or deliver a copy of that report to each customer, other than an occupant, as defined in Section 799.28 of the Civil Code, of a recreational vehicle park. A public water system in a recreational vehicle park with occupants as defined in Section 799.28 of the Civil Code shall prominently display on a bulletin board at the entrance to or in the office of the park, and make available upon request, a copy of the report. The report shall include all of the following information:
(1)The source of the water purveyed by the public water system. (2) A brief and plainly worded definition of the terms “maximum contaminant level,” “primary drinking water standard,” and “public health goal.” (3) If any regulated contaminant is detected in public drinking water supplied by the system during the past year, the report shall include all of the following information:
(A) The level of the contaminant found in the drinking water, and the corresponding public health goal and primary drinking water standard for that contaminant. (B) Any violations of the primary drinking water standard that have occurred as a result of the presence of the contaminant in the drinking water and a brief and plainly worded statement of health concerns that resulted in the regulation of that contaminant. (C) The public water system’s address and phone number to enable customers to obtain further information concerning contaminants and potential health effects. (4) Information on the levels of unregulated contaminants, if any, for which monitoring is required pursuant to state or federal law or regulation. (5) Disclosure of any variances or exemptions from primary drinking water standards granted to the system and the basis therefor. (b) On or before July 1, 1998, and every three years thereafter, public water systems serving more than 10,000 service connections that detect one or more contaminants in drinking water that exceed the applicable public health goal, shall prepare a brief written report in plain language that does all of the following:
(1)Identifies each contaminant detected in drinking water that exceeds the applicable public health goal.
(2) Discloses the numerical public health risk, determined by the office, associated with the maximum contaminant level for each contaminant identified in paragraph (1) and the numerical public health risk determined by the office associated with the public health goal for that contaminant.
STATE OF CALIFORNIA
AUTHENTICATED
ELECTRONIC LEGAL MATERIAL
Reference 1
Packet Page 296 of 345Attachment 1 Page 5 of 17
(3) Identifies the category of risk to public health, including, but not limited to, carcinogenic, mutagenic, teratogenic, and acute toxicity, associated with exposure to the contaminant in drinking water, and includes a brief plainly worded description of these terms.
(4) Describes the best available technology, if any is then available on a commercial basis, to remove the contaminant or reduce the concentration of the contaminant. The public water system may, solely at its own discretion, briefly describe actions that have been taken on its own, or by other entities, to prevent the introduction of the contaminant into drinking water supplies.
(5) Estimates the aggregate cost and the cost per customer of utilizing the technology described in paragraph (4), if any, to reduce the concentration of that contaminant in drinking water to a level at or below the public health goal. (6) Briefly describes what action, if any, the local water purveyor intends to take to reduce the concentration of the contaminant in public drinking water supplies and the basis for that decision.
(c) Public water systems required to prepare a report pursuant to subdivision (b) shall hold a public hearing for the purpose of accepting and responding to public comment on the report. Public water systems may hold the public hearing as part of any regularly scheduled meeting.
(d) The department shall not require a public water system to take any action to reduce or eliminate any exceedance of a public health goal. (e) Enforcement of this section does not require the department to amend a public water system’s operating permit.
(f) Pending adoption of a public health goal by the Office of Environmental Health HazardAssessment pursuant to subdivision (c) of Section 116365, and in lieu thereof, public water systems shall use the national maximum contaminant level goal adopted by the United States Environmental Protection Agency for the corresponding contaminant for purposes of complying with the notice and hearing requirements of this section.
(g) This section is intended to provide an alternative form for the federally required consumer confidence report as authorized by 42 U.S.C. Section 300g-3(c). (Repealed and added by Stats. 1996, Ch. 755, Sec. 12. Effective January 1, 1997.) Packet Page 297 of 345Attachment 1 Page 6 of 17
MCLs, DLRs, PHGs, for Regulated Drinking Water Contaminants (Units are in milligrams per liter (mg/L), unless otherwise noted.) Last Update: September 14, 2021
The following tables includes California’s maximum contaminant levels (MCLs), detection limits for purposes of reporting (DLRs), public health goals (PHGs) from the Office of Environmental Health Hazard Assessment (OEHHA). For comparison, Federal MCLs and Maximum Contaminant Level Goals (MCLGs) (USEPA) are also displayed.
Inorganic Chemicals Table, Chemicals with MCLs in 22 CCR §64431 State Regulated
Inorganic Chemical
Contaminant
State
MCL
State
DLR
State PHG State
Date of
PHG
Federal
MCL
Federal
MCLG
Aluminum 1 0.05 0.6 2001 ----
Antimony 0.006 0.006 0.001 2016 0.006 0.006
Arsenic 0.010 0.002 0.000004 2004 0.010 zero
Asbestos (MFL =
million fibers per liter;
for fibers >10
microns long)
7 MFL 0.2 MFL 7 MFL 2003 7 MFL 7 MFL
Barium 1 0.1 2 2003 2 2
Beryllium 0.004 0.001 0.001 2003 0.004 0.004
Cadmium 0.005 0.001 0.00004 2006 0.005 0.005
Chromium, Total -
OEHHA withdrew the
0.0025-mg/L PHG
0.05 0.01 withdrawn
Nov. 2001
1999 0.1 0.1
Reference 2
Packet Page 298 of 345Attachment 1 Page 7 of 17
State Regulated
Inorganic Chemical
Contaminant
State
MCL
State
DLR
State PHG State
Date of
PHG
Federal
MCL
Federal
MCLG
Chromium,
Hexavalent - 0.01-
mg/L MCL & 0.001-
mg/L DLR repealed
September 2017
----0.00002 2011 ----
Cyanide 0.15 0.1 0.15 1997 0.2 0.2
Fluoride 2 0.1 1 1997 4.0 4.0
Mercury (inorganic) 0.002 0.001 0.0012 1999
(rev2005)*
0.002 0.002
Nickel 0.1 0.01 0.012 2001 ----
Nitrate (as nitrogen,
N)
10 as N 0.4 45 as NO3
(=10 as N)
2018 10 10
Nitrite (as N) 1 as N 0.4 1 as N 2018 1 1
Nitrate + Nitrite (as
N)
10 as N --10 as N 2018 ----
Perchlorate 0.006 0.002 0.001 2015 ----
Selenium 0.05 0.005 0.03 2010 0.05 0.05
Thallium 0.002 0.001 0.0001 1999
(rev2004)
0.002 0.0005
Packet Page 299 of 345Attachment 1 Page 8 of 17
Copper and Lead Table, 22 CCR §64672.3
Values referred to as MCLs for lead and copper are not actually MCLs; instead, they are called “Action Levels” under the lead and copper rule.
State Regulated
Copper and Lead
Contaminant
State
MCL
State
DLR
State
PHG
State
Date of
PHG
Federal
MCL
Federal
MCLG
Copper 1.3 0.05 0.3 2008 1.3 1.3
Lead 0.015 0.005 0.0002 2009 0.015 zero
Radiological Table, Radionuclides with MCLs in 22 CCR §64441 and §64443 [units are picocuries per liter (pCi/L), unless otherwise state; n/a = not applicable] State Regulated
Radionuclides
Contaminant
State
MCL
State
DLR
State
PHG
State
Date of
PHG
Federal
MCL
Federal
MCLG
Gross alpha particle
activity - OEHHA
concluded in 2003 that
a PHG was not
practical
15 3 none n/a 15 zero
Gross beta particle
activity - OEHHA
concluded in 2003 that
a PHG was not
practical
4 mrem/yr
4 none n/a 4
mrem/yr
zero
Radium-226 --1 0.05 2006
Radium-228 --1 0.019 2006
Radium-226 + Radium-5 ------5 zero
Packet Page 300 of 345Attachment 1 Page 9 of 17
State Regulated
Radionuclides
Contaminant
State
MCL
State
DLR
State
PHG
State
Date of
PHG
Federal
MCL
Federal
MCLG
228
Strontium-90 8 2 0.35 2006 ----
Tritium "20,000""1,000"400 2006 ----
Uranium 20 1 0.43 2001 30 µg/L zero
Organic Chemicals Table, Chemicals with MCLs in 22 CCR §64444 Volatile Organic Chemicals (VOCs)
State Regulated
Volatile Organic
Contaminants
State
MCL
State
DLR
State PHG State
Date of
PHG
Federal
MCL
Federal
MCLG
Benzene 0.001 0.0005 0.00015 2001 0.005 zero
Carbon tetrachloride 0.0005 0.0005 0.0001 2000 0.005 zero 1,2-Dichlorobenzene 0.6 0.0005 0.6 1997
(rev2009)
0.6 0.6
1,4-Dichlorobenzene (p-
DCB)
0.005 0.0005 0.006 1997 0.075 0.075
1,1-Dichloroethane
(1,1-DCA)
0.005 0.0005 0.003 2003 ----
1,2-Dichloroethane
(1,2-DCA)
0.0005 0.0005 0.0004 1999
(rev2005)
0.005 zero
Packet Page 301 of 345Attachment 1 Page 10 of 17
State Regulated
Volatile Organic
Contaminants
State
MCL
State
DLR
State PHG State
Date of
PHG
Federal
MCL
Federal
MCLG
1,1-Dichloroethylene
(1,1-DCE)
0.006 0.0005 0.01 1999 0.007 0.007
cis-1,2-Dichloroethylene 0.006 0.0005 0.013 2018 0.07 0.07 trans-1,2-
Dichloroethylene
0.01 0.0005 0.05 2018 0.1 0.1
Dichloromethane
(Methylene chloride)
0.005 0.0005 0.004 2000 0.005 zero
1,2-Dichloropropane 0.005 0.0005 0.0005 1999 0.005 zero 1,3-Dichloropropene 0.0005 0.0005 0.0002 1999
(rev2006)
----
Ethylbenzene 0.3 0.0005 0.3 1997 0.7 0.7
Methyl tertiary butyl
ether (MTBE)
0.013 0.003 0.013 1999 ----
Monochlorobenzene 0.07 0.0005 0.07 2014 0.1 0.1
Styrene 0.1 0.0005 0.0005 2010 0.1 0.1
1,1,2,2-
Tetrachloroethane
0.001 0.0005 0.0001 2003 0.1 0.1
Tetrachloroethylene
(PCE)
0.005 0.0005 0.00006 2001 0.005 zero
Packet Page 302 of 345Attachment 1 Page 11 of 17
State Regulated
Volatile Organic
Contaminants
State
MCL
State
DLR
State PHG State
Date of
PHG
Federal
MCL
Federal
MCLG
Toluene 0.15 0.0005 0.15 1999 1 1
1,2,4-Trichlorobenzene 0.005 0.0005 0.005 1999 0.07 0.07 1,1,1-Trichloroethane
(1,1,1-TCA)
0.200 0.0005 1 2006 0.2 0.2
1,1,2-Trichloroethane
(1,1,2-TCA)
0.005 0.0005 0.0003 2006 0.005 0.003
Trichloroethylene (TCE) 0.005 0.0005 0.0017 2009 0.005 zero Trichlorofluoromethane
(Freon 11)
0.15 0.005 1.3 2014 ----
"1,1,2-Trichloro-1,2,2-
Trifluoroethane (Freon
113)"
1.2 0.01 4 1997
(rev2011)
----
Vinyl chloride 0.0005 0.0005 0.00005 2000 0.002 zero
Xylenes 1.750 0.0005 1.8 1997 10 10
Non-Volatile Synthetic Organic Chemicals (SOCs)
State Regulated
Non-Volatile
Synthetic Organic
Contaminants
State
MCL
State
DLR
State PHG State
Date of
PHG
Federal
MCL
Federal
MCLG
Alachlor 0.002 0.001 0.004 1997 0.002 zero
Packet Page 303 of 345Attachment 1 Page 12 of 17
State Regulated
Non-Volatile
Synthetic Organic
Contaminants
State
MCL
State
DLR
State PHG State
Date of
PHG
Federal
MCL
Federal
MCLG
Atrazine 0.001 0.0005 0.00015 1999 0.003 0.003
Bentazon 0.018 0.002 0.2 1999
(rev2009)
----
Benzo(a)pyrene 0.0002 0.0001 0.000007 2010 0.0002 zero
Carbofuran 0.018 0.005 0.0007 2016 0.04 0.04
Chlordane 0.0001 0.0001 0.00003 1997
(rev2006)
0.002 zero
Dalapon 0.2 0.01 0.79 1997
(rev2009)
0.2 0.2
1,2-Dibromo-3-
chloropropane
(DBCP)
0.0002 0.00001 0.000003 2020 0.0002 zero
2,4-
Dichlorophenoxyaceti
c acid (2,4-D)
0.07 0.01 0.02 2009 0.07 0.07
Di(2-
ethylhexyl)adipate
0.4 0.005 0.2 2003 0.4 0.4
Di(2-
ethylhexyl)phthalate
(DEHP)
0.004 0.003 0.012 1997 0.006 zero
Dinoseb 0.007 0.002 0.014 1997 0.007 0.007
Packet Page 304 of 345Attachment 1 Page 13 of 17
State Regulated
Non-Volatile
Synthetic Organic
Contaminants
State
MCL
State
DLR
State PHG State
Date of
PHG
Federal
MCL
Federal
MCLG
(rev2010)
Diquat 0.02 0.004 0.006 2016 0.02 0.02
Endothal 0.1 0.045 0.094 2014 0.1 0.1
Endrin 0.002 0.0001 0.0003 2016 0.002 0.002
Ethylene dibromide
(EDB)
0.00005 0.00002 0.00001 2003 0.0000
5 zero
Glyphosate 0.7 0.025 0.9 2007 0.7 0.7
Heptachlor 0.00001 0.00001 0.000008 1999 0.0004 zero
Heptachlor epoxide 0.00001 0.00001 0.000006 1999 0.0002 zero Hexachlorobenzene 0.001 0.0005 0.00003 2003 0.001 zero
Hexachlorocyclopent
adiene
0.05 0.001 0.002 2014 0.05 0.05
Lindane 0.0002 0.0002 0.000032 1999
(rev2005)
0.0002 0.0002
Methoxychlor 0.03 0.01 0.00009 2010 0.04 0.04
Molinate 0.02 0.002 0.001 2008 ----
Oxamyl 0.05 0.02 0.026 2009 0.2 0.2
Packet Page 305 of 345Attachment 1 Page 14 of 17
State Regulated
Non-Volatile
Synthetic Organic
Contaminants
State
MCL
State
DLR
State PHG State
Date of
PHG
Federal
MCL
Federal
MCLG
Pentachlorophenol 0.001 0.0002 0.0003 2009 0.001 zero
Picloram 0.5 0.001 0.166 2016 0.5 0.5
Polychlorinated
biphenyls (PCBs)
0.0005 0.0005 0.00009 2007 0.0005 zero
Simazine 0.004 0.001 0.004 2001 0.004 0.004
Thiobencarb 0.07 0.001 0.042 2016 ----
Toxaphene 0.003 0.001 0.00003 2003 0.003 zero
1,2,3-
Trichloropropane
0.00000
5 0.00000
5 0.0000007 2009 ----
2,3,7,8-TCDD
(dioxin)
3x10-8 5x10-9 5x10-11 2010 3x10-8 zero
2,4,5-TP (Silvex)0.05 0.001 0.003 2014 0.05 0.05
Disinfection Byproducts Table, Chemicals with MCLs in 22 CCR §64533 State Regulated
Disinfection
Byproducts
Contaminants
State
MCL
State
DLR
State
PHG
State
Date of
PHG
Federal
MCL
Federal
MCLG
Total Trihalomethanes 0.080 ------0.080 --
Packet Page 306 of 345Attachment 1 Page 15 of 17
State Regulated
Disinfection
Byproducts
Contaminants
State
MCL
State
DLR
State
PHG
State
Date of
PHG
Federal
MCL
Federal
MCLG
Bromodichloromethane --0.0010 0.00006 2020 --zero
Bromoform --0.0010 0.0005 2020 --zero
Chloroform --0.0010 0.0004 2020 --0.07
Dibromochloromethane --0.0010 0.0001 2020 --0.06
Haloacetic Acids (five)
(HAA5)
0.060 ------0.060 --
Monochloroacetic Acid --0.0020 ------0.07
Dichloroacetic Adic --0.0010 ------zero
Trichloroacetic Acid --0.0010 ------0.02
Monobromoacetic Acid --0.0010 --------
Dibromoacetic Acid --0.0010 --------
Bromate 0.010 0.0050**0.0001 2009 0.01 zero
Chlorite 1.0 0.020 0.05 2009 1 0.8
Packet Page 307 of 345Attachment 1 Page 16 of 17
Chemicals with PHGs established in response to DDW requests. These are not currently regulated drinking water contaminants.
State Regulated
Disinfection
Byproducts
Contaminants
State
MCL
State
DLR
State PHG State
Date of
PHG
Federal
MCL
Federal
MCLG
N-Nitrosodimethylamine
(NDMA)
----0.000003 2006 ----
*OEHHA's review of this chemical during the year indicated (rev20XX) resulted in no change in the PHG.
**The DLR for Bromate is 0.0010 mg/L for analysis performed using EPA Method 317.0 Revision 2.0, 321.8, or 326.0.
Packet Page 308 of 345Attachment 1 Page 17 of 17
Agenda Item No: 21.
AGENDA REPORT
DATE:May 17, 2022
TO:Mayor and City Council
FROM:David Gassaway, Interim City Manager
SUBJECT:Public Hearing; and
Resolution 2022115 of the City Council of the City of Fairfield Ordering the Vacation of a Portion of Guittard Way and Authorizing the City Manager to Convey Said Vacated Area to the Adjacent Parcel Owner
RECOMMENDED ACTION
Hold public hearing and adopt resolution.
STATEMENT OF ISSUE
City Planning Commission adopted Resolution No. PC202118, granting project entitlements for an industrial development along Guittard Way. A condition of development for the entitlements requires the developer to extend Guittard Way rightofway and dedicate it to the City. City Council resolved to hold a public hearing on May 17, 2022, to complete the process of vacating a portion of the existing culdesac on Guittard Way.
DISCUSSION
Trammel Crow (developer) received approval from the Fairfield Planning Commission on August 25, 2021, to construct an approximately 204,000+/ square foot light industrial/distribution building, with on site parking, on a single 11.26acre parcel (APN 0028200710). The project includes frontage improvements extending the existing limits of Guittard Way approximately 250 feet to the west. To reconcile the rightofway limits, the developer is requesting the City to vacate certain portions of the existing Guittard Way rightofway that will be unnecessary upon completion of the future Guittard Way street improvements. This includes portions of the existing culdesac that will be outside of future right ofway limits.
On April 19, 2022, the council approved Resolution 202278 declaring its intent to vacate a portion of Guittard Way and setting a public hearing pursuant to California Streets and Highways Code Section 8320.
Staff recommends that the council conduct a public hearing to consider any comments, objections, or other evidence related to the proposed vacation, and then adopt the proposed resolution. The vacation Packet Page 309 of 345
Agenda Item No: 21.AGENDA REPORTDATE:May 17, 2022 TO:Mayor and City CouncilFROM:David Gassaway, Interim City ManagerSUBJECT:Public Hearing; and Resolution 2022115 of the City Council of the City of Fairfield Ordering the Vacation ofa Portion of Guittard Way and Authorizing the City Manager to Convey Said VacatedArea to the Adjacent Parcel OwnerRECOMMENDED ACTIONHold public hearing and adopt resolution.STATEMENT OF ISSUECity Planning Commission adopted Resolution No. PC202118, granting project entitlements for anindustrial development along Guittard Way. A condition of development for the entitlements requires thedeveloper to extend Guittard Way rightofway and dedicate it to the City. City Council resolved to hold apublic hearing on May 17, 2022, to complete the process of vacating a portion of the existing culdesacon Guittard Way.DISCUSSIONTrammel Crow (developer) received approval from the Fairfield Planning Commission on August 25,2021, to construct an approximately 204,000+/ square foot light industrial/distribution building, with onsite parking, on a single 11.26acre parcel (APN 0028200710). The project includes frontageimprovements extending the existing limits of Guittard Way approximately 250 feet to the west. Toreconcile the rightofway limits, the developer is requesting the City to vacate certain portions of theexisting Guittard Way rightofway that will be unnecessary upon completion of the future Guittard Waystreet improvements. This includes portions of the existing culdesac that will be outside of future rightofway limits. On April 19, 2022, the council approved Resolution 202278 declaring its intent to vacate a portion ofGuittard Way and setting a public hearing pursuant to California Streets and Highways Code Section8320.
Staff recommends that the council conduct a public hearing to consider any comments, objections, or other evidence related to the proposed vacation, and then adopt the proposed resolution. The vacation will become effective once a certified copy of the resolution is recorded with the Solano County Recorder Office. Staff recommends the City to convey the underlying fee title of this land to the developer.
FINANCIAL IMPACT
N/A
PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
This item was published and posted in the manner required by Streets and Highways Code Sections 8322 and 8323. The notice of public hearing was published in the Fairfield Daily Republic for two successive weeks prior to the hearing, on May 7, 2022, and May 14, 2022, and notice of the vacation was conspicuously posted for two weeks along Chadbourne Road adjacent to Guittard Way in the area proposed for vacation, from April 29 through May 17, 2022.
Additionally, City has submitted letters to all utility companies, including PG&E, AT&T, and Comcast, notifying them of City’s intent for this proposed street vacation and utility companies have requested reservation of a public service easement to remain until completion of construction of the extended street rightofway.
ALTERNATIVE ACTION
None.
STAFF CONTACT
Trisha Curran, Senior Engineering Technician
(707) 4287471
[email protected]
COORDINATED WITH
City Attorney's Office, Community Development Department ATTACHMENTS:
Description
Attachment 1: Vicinity Map
Attachment 2: Proposed Resolution
Attachment 3: Exhibit A & B Plat and Legal
Attachment 4: Grant Deed
REVIEWERS:
Reviewer Action Date
Panganiban, Ryan Approved 5/2/2022 4:32 PM
Kaushal, Paul Approved 5/2/2022 7:16 PM
Beavers, Esther Approved 5/5/2022 12:43 PM
Beavers, Esther Approved 5/5/2022 12:43 PM
Packet Page 310 of 345
POR. LOT 37, SUISUN MNCHO
POR. SEC, 33, T.sN., R.2W.,M.D.B.&M. EN.
Tax Areo Code
3027
3035
3068
28-20
It
l4oo'
I
I N.43',3J'12-8.6/.29 1 46. s.1505'1 9-r.26 0(
2 R=U54.58 t=t02.J2'47.
N.69TJ 2/ L.86.69't
N.64'21 4J'8.N.51'41'58-f.
N.'zt8 42-E.51.:12 5n.s 2440'21'F
6.N.6728'08-F.131 2)51 \.16'.1n'n9nt 66.1J
7.N.6t4A'2?-F.7n aa 5?201.t6'
N.8/i.55 1?-F 311.J1'
N 1F5054'r
10 s nrsl no-F N.89'55 W..18 09
N,8759't t',yt.195.56'5A N.O'O' F.at 75
N.89'55'W
L2tt6 sD-W.11.47'5A N .T56'W
14,s.5f5759"F..15 6t 59
N.6728'08-F.L76 N.ZW 94 W.271.19'
16.N.61',05'44'F
17 s8F47'r6lt
8 I M'.a5't5\t
19 5.AI-24 02 W.44/.65'
R=40'
il=200'
N.0709 44T.10t
24.R=2M'uat
25.R=J152.58'51 71
28. n)
.r1
.1'
5.b/'26 I / W t17.t2'
5.2b-r0 Jt E.
N./J'42 zZ'L.
N.45'A |S"W.
JA.s.ts59 24'W 37 82
J9.s.5551 1 5-F..15153
N.6t4a'22-F.29 A2
R=_ns 50'
4?p=2q9 50'
4i s n/4.7't61'
K=J2,204.96'
5'.4)-05 t9 f.
3034
60048
60010
3080
("-
Iro,O)'olF)
-l
I
I
I I
t
I
44 AWO
MAU
PKWY.b--
ct
!t
6e
6E
I
!
o
oc\o
{
i.c5oo
octvt
a'qq
o
c
i
(,
$'dt'
6. 6S
HW,12
I
-l I
1l @2tSTAIEr-
5,1 ll
II.
s.
I
ct2
ciG
ctg
I
I
N0TS: This map is for assessment
purposes only. lt is not intended to
define legal boundary rights or imply
compliance rith land division lans.
@
CITY OF FAIRFIELD
Assessor's Map 8k.28 Pg. 2O
County of Solono, Colif.
t!za5o66s{()
I
e(o
C)r)@
Lewis Pierce Subd. No. 1, R.M. Bk.3 Pg.7
Assessori Block Numbers Shown in Afipses, Assessor's Porcel Numbers Shown in Circles 8k.44
,'-"4-P"-'
@
10,84Ac.
2A\
\-1
\
zg\
\
26 27utaB'utt8'@
75.45Ac.
E4'T
\t-
-1
\
\
\
-\\
\
@"j'
r9
J-
I
$\
qb
{'.
E
=
c.
lE.01Ac.
30 0t
P. M.
11.26Ac. 15
@,i
18-19
Vicinity Map
Packet Page 311 of 345Attachment 1 Page 1 of 1
CITY OF FAIRFIELD
RESOLUTION NO. 2022-115
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAIRFIELD ORDERING THE VACATION OF A
PORTION OF GUITTARD WAY AND AUTHORIZING THE CITY MANAGER TO CONVEY SAID
VACATED AREA TO THE ADJACENT PARCEL OWNER
WHEREAS, pursuant to California Streets and Highways Code Section 8320, on April 19, 2022, by Resolution 2022-78, the City Council initiated proceedings to vacate approximately 7,618 square feet of excess right-of-way known as a portion of Guittard Way, located within the northerly cul- de-sac to the property generally known as 2720 Guittard Way, Fairfield, California, which property is located north and adjacent to Guittard Way, and set a public hearing date of May 17, 2022; and
WHEREAS, on August 25, 2021, the Fairfield Planning Commission issued its recommendation, by Resolution No. PC2021-18, finding that the location, purpose and extent of the proposed vacation is consistent with the Fairfield General Plan; and
WHEREAS, on May 7, 2022, and May 14, 2022, the city clerk duly published notice of public hearing in the Daily Republic pursuant to Section 8322 of the Streets and Highways Code; and
WHEREAS, pursuant to Section 8323 of the Streets and Highways Code, notice of the public hearing was posted at the location of the portion of Guittard Way proposed to be vacated, two weeks before the date of the public hearing; and
WHEREAS, a public hearing was conducted on May 17, 2022, and the council of the City of Fairfield has heard all the evidence offered by all persons interested in the matter; and
WHEREAS, the council of the City of Fairfield finds, pursuant to Section 15304 of the State California Environmental Quality Act Guidelines, that the proposed vacation qualifies as a minor alteration to land that will not create a potentially significant impact on the environment and thus is categorically exempt from the requirements of the California Environmental Quality Act ; and
WHEREAS, the City of Fairfield owns the underlying fee title to the proposed area to be vacated.
NOW, THEREFORE, THE COUNCIL OF THE CITY OF FAIRFIELD HEREBY RESOLVES:
Section 1. The council specifically finds that the facts and determinations contained in the recitals to this Resolution are true and correct.
Packet Page 312 of 345Attachment 2 Page 1 of 3
RES. NO. 2022-115