Agenda, first session — Fairfield City Council, October 18, 2022 (part 1 of 3)

For individuals with hearing or speaking limitations, dial 711 or (800) 7352922 (English). For Spanish, Tagalog or other language, please dial (800) 8553000 and provide the communication assistant with the following City telephone number: (707) 3994010.

Pursuant to AB 361 regarding public meetings held during the COVID19 emergency, councilmembers may attend via teleconference. Members of the public can observe the meeting on Comcast Cable Channel 26, ATT UVerse 99, and webstreamed live at www.youtube.com/user/FFCATV/live . The public may join the meeting via Zoom at https://fairfieldca.zoom.us/j/85359219241?pwd=dnBZVE1tenNjR0R6YXVCdmRycElSdz09 or via phone (408) 6380968, Webinar ID: 853 5921 9241, Passcode: 7074287400 CALL TO ORDER 6:00 PM
ROLL CALL
Councilmember Pam Bertani
Councilmember Cat Moy
Councilmember Doriss Panduro
Councilmember Chuck Timm
Councilmember Scott Tonnesen
ViceMayor Rick Vaccaro
Mayor Harry Price
INVOCATION Worship Pastor Jeff Hood, First Baptist Church PLEDGE OF ALLEGIANCE
COUNCIL REPORTS
CITY MANAGER REPORT
Packet Page 1 of 575

PRESENTATIONS

1.Proclamation Declaring Domestic Violence Awareness Month Presented by Councilmember Pam Bertani
Contact:Karen Rees, (707) 428 7767
a
PUBLIC COMMENTS
PUBLIC COMMENTS
Persons wishing to address the City Council on subjects not on the agenda but within the jurisdiction of the council may do so at this time. The council cannot discuss or take action on matters not on the agenda for this meeting, but councilmembers may briefly respond to statements made or questions raised by the public, ask for clarification from staff, refer the matter to staff, request staff to report back to the council at a subsequent meeting, or place the matter on a future agenda. To speak on an agenda item please use the “raise your hand” feature or press *9 on your phone. Speakers are limited to three minutes per item.

CONSENT CALENDAR
All matters listed on the Consent Calendar are to be approved with one motion unless a member of the City Council or the public requests that separate action be taken on a specific item.

2.Approval of Meeting Minutes from August 2022
Recommended Action
Approve the meeting minutes.

Funding Source
N/A
Contact:Esther Beavers, (707) 4287400
a

3.Resolution 2022270 of the City Council of the City of Fairfield Reconsidering and Authorizing Public Meetings to be Held Via Teleconferencing Pursuant to Government Code Section 54953(e) and Making Findings and Determinations Regarding the Same Recommended Action
Adopt resolution.

Funding Source
N/A
Contact:Karen Rees, (707) 4287767
a

4.Resolution 2022271 of the City Council of the City of Fairfield to Suspend Competitive Bidding and Authorize the City Manager to Enter into a Contract with Westnet Inc. for the Installation of a FirstIn Alerting Platform Systems in the City of Fairfield Dispatch Center and Fire Stations 35, 37, 38, 39 (Including Annex), 40, and 41
Recommended Action
Adopt resolution.

Packet Page 2 of 575

Funding Source
$1,384,773.70; Public Building Capital Improvement Fund Contact:Phil Layoso, (707) 4287505
a

5.Resolution 2022272 of the City Council of the City of Fairfield Authorizing the Filing of a Claim with the Metropolitan Transportation Commission (MTC) for Allocation of Transportation Development Act (TDA) and State Transit Assistance Funds (STAF) for Fiscal Year 20222023 Recommended Action
Adopt resolution.

Funding Source
N/A
Contact:Diane Feinstein, (707) 4343808
a

6.Resolution 2022273 of the City Council of the City of Fairfield Approving Amendment No. 2 to the Consultant Services Agreement Between the City of Fairfield and Karen Kramer Workplace Investigations
Recommended Action
Adopt resolution.

Funding Source
$100,000; General Fund
Contact:Farbod Pirouzmand, (707) 4287397
a

7.Resolution 2022274 of the City Council of the City of Fairfield Suspending Competitive Bidding and Authorizing the City Manager to Purchase Eleven Replacement Police Vehicles and Authorizing an Update to the Fiscal Year 20222023 Budget Recommended Action
Adopt resolution.

Funding Source
$952,258.50; Police Department Vehicle Replacement Fund Contact:David Renschler, (707) 4287414
a

8.Resolution 2022275 of the City Council of the City of Fairfield Approving the Plans and Specifications and Awarding a Contract to FBD Vanguard Construction, Inc. for the Grange Middle School Safe Routes to School and Pavement Preservation Project, Federal Aid Project No. CML 5132049 and Authorizing an Update to the Fiscal Year 20222023 Budget Recommended Action
Adopt resolution.

Funding Source
$3,328,503.75; Capital Streets Fund
Contact:Phil Layoso, (707) 4287505
a

9.Resolution 2022276 of the City Council of the City of Fairfield Approving the Technology SoftwareasaService (SaaS) Agreement for OnDemand (Microtransit) and InAdvance (Paratransit) Scheduling, Dispatch, and Management Software between the City of Fairfield and The Routing Company
Recommended Action
Adopt resolution.

Packet Page 3 of 575

Funding Source
N/A
Contact:Shaun Vigil, (707) 4343807
a

10.Resolution 2022277 of the City Council of the City of Fairfield Approving the Amendment to HOME Tenant Based Rental Assistance (TBRA) Program Guidelines Recommended Action
Adopt resolution(s).

Funding Source
N/A
Contact:LaTanya Terrones, (707) 4287454
a

11.Resolution 2022278 of the City Council of the City of Fairfield Approving the Community Development Block Grant Program 4th Substantial Amendment to the Fiscal Year 20192020 Annual Action Plan; and
Resolution 2022279 of the City Council of the City of Fairfield Approving the Community Development Block Grant Program 3rd Substantial Amendment to the Fiscal Year 20202021 Annual Action Plan
Recommended Action
Adopt resolutions.

Funding Source
$110,000; Community Block Grant Program CV $89,000; CDBG Entitlement Funds Contact:LaTanya Terrones, (707) 4287454
a

12.Second Reading and Adoption of Ordinance 202212 of the City Council of the City of Fairfield Amending Chapter 25, Article XI of the Fairfield Municipal Code Recommended Action
Provide second reading and adopt Ordinance 202212.

Funding Source
N/A
Contact:David Feinstein, (707) 4287448
a

13.Second Reading and Adoption of Ordinance 202213 of the City Council of the City of Fairfield Approving the First Amendment to the Restated and Amended Development Agreement by and between the City of Fairfield and Albert D. Seeno Construction Co., a California Limited Partnership, Seecon Financial and Construction Co. Inc., a California Corporation, and West Coast Homebuilders Inc., a California Corporation
Recommended Action
Provide second reading and adopt Ordinance 202213.

Funding Source
N/A
Contact:David Feinstein, (707) 4287448
a
NEW BUSINESS

14.Solano Connected Broadband & Digital Equity Report
Packet Page 4 of 575

CITY OF FAIRFIELDFAIRFIELD CITY COUNCILREGULAR CONCURRENT MEETINGTUESDAY, OCTOBER 18, 2022; 6:00 PMCOUNCIL CHAMBER, 1000 WEBSTER STREET, FAIRFIELD,CA 94533 OR VIA ZOOMAGENDANotice to PublicThe City of Fairfield is committed to providing meeting facilities that areaccessible to persons with disabilities and/or have language barriers. To requestmeeting materials in alternative formats, or to request a sign languageinterpreter, realtime captioning, or other accommodation, please contact theCity Clerk's Office, at least 72 hours in advance of the meeting at (707) 4287400.For individuals with hearing or speaking limitations, dial 711 or (800) 7352922(English). For Spanish, Tagalog or other language, please dial (800) 8553000and provide the communication assistant with the following City telephonenumber: (707) 3994010.Pursuant to AB 361 regarding public meetings held during the COVID19 emergency,councilmembers may attend via teleconference. Members of the public can observe the meeting onComcast Cable Channel 26, ATT UVerse 99, and webstreamed live at www.youtube.com/user/FFCATV/live . The public may join the meeting via Zoom at https://fairfieldca.zoom.us/j/85359219241?pwd=dnBZVE1tenNjR0R6YXVCdmRycElSdz09 or viaphone (408) 6380968, Webinar ID: 853 5921 9241, Passcode: 7074287400CALL TO ORDER 6:00 PMROLL CALLCouncilmember Pam Bertani Councilmember Cat MoyCouncilmember Doriss PanduroCouncilmemberChuck TimmCouncilmember Scott Tonnesen ViceMayor Rick VaccaroMayor Harry PriceINVOCATION Worship Pastor Jeff Hood, First Baptist ChurchPLEDGE OF ALLEGIANCECOUNCIL REPORTSCITY MANAGER REPORTCITY ATTORNEY REPORTCITY CLERK REPORTPRESENTATIONS1.Proclamation Declaring Domestic Violence Awareness Month Presented by CouncilmemberPam BertaniContact:Karen Rees, (707) 428 7767aPUBLIC COMMENTS PUBLIC COMMENTSPersons wishing to address the City Council on subjects not on the agenda but within the jurisdictionof the council may do so at this time. The council cannot discuss or take action on matters not on theagenda for this meeting, but councilmembers may briefly respond to statements made or questionsraised by the public, ask for clarification from staff, refer the matter to staff, request staff to report backto the council at a subsequent meeting, or place the matter on a future agenda. To speak on anagenda item please use the “raise your hand” feature or press *9 on your phone. Speakers arelimited to three minutes per item.CONSENT CALENDARAll matters listed on the Consent Calendar are to be approved with one motion unless a member ofthe City Council or the public requests that separate action be taken on a specific item.2.Approval of Meeting Minutes from August 2022Recommended ActionApprove the meeting minutes.Funding SourceN/AContact:Esther Beavers, (707) 4287400a3.Resolution 2022270 of the City Council of the City of Fairfield Reconsidering and AuthorizingPublic Meetings to be Held Via Teleconferencing Pursuant to Government Code Section54953(e) and Making Findings and Determinations Regarding the SameRecommended ActionAdopt resolution.Funding SourceN/AContact:Karen Rees, (707) 4287767a4.Resolution 2022271 of the City Council of the City of Fairfield to Suspend Competitive Biddingand Authorize the City Manager to Enter into a Contract with Westnet Inc. for the Installation of aFirstIn Alerting Platform Systems in the City of Fairfield Dispatch Center and Fire Stations 35,37, 38, 39 (Including Annex), 40, and 41Recommended ActionAdopt resolution.Funding Source$1,384,773.70; Public Building Capital Improvement FundContact:Phil Layoso, (707) 4287505a5.Resolution 2022272 of the City Council of the City of Fairfield Authorizing the Filing of a Claimwith the Metropolitan Transportation Commission (MTC) for Allocation of TransportationDevelopment Act (TDA) and State Transit Assistance Funds (STAF) for Fiscal Year 20222023Recommended ActionAdopt resolution.Funding SourceN/AContact:Diane Feinstein, (707) 4343808a6.Resolution 2022273 of the City Council of the City of Fairfield Approving Amendment No. 2 tothe Consultant Services Agreement Between the City of Fairfield and Karen Kramer WorkplaceInvestigationsRecommended ActionAdopt resolution.Funding Source$100,000; General FundContact:Farbod Pirouzmand, (707) 4287397a7.Resolution 2022274 of the City Council of the City of Fairfield Suspending Competitive Biddingand Authorizing the City Manager to Purchase Eleven Replacement Police Vehicles andAuthorizing an Update to the Fiscal Year 20222023 BudgetRecommended ActionAdopt resolution.Funding Source$952,258.50; Police Department Vehicle Replacement FundContact:David Renschler, (707) 4287414a8.Resolution 2022275 of the City Council of the City of Fairfield Approving the Plans andSpecifications and Awarding a Contract to FBD Vanguard Construction, Inc. for the GrangeMiddle School Safe Routes to School and Pavement Preservation Project, Federal Aid ProjectNo. CML 5132049 and Authorizing an Update to the Fiscal Year 20222023 BudgetRecommended ActionAdopt resolution.Funding Source$3,328,503.75; Capital Streets FundContact:Phil Layoso, (707) 4287505a9.Resolution 2022276 of the City Council of the City of Fairfield Approving the TechnologySoftwareasaService (SaaS) Agreement for OnDemand (Microtransit) and InAdvance(Paratransit) Scheduling, Dispatch, and Management Software between the City of Fairfield andThe Routing CompanyRecommended ActionAdopt resolution.Funding SourceN/AContact:Shaun Vigil, (707) 4343807a10.Resolution 2022277 of the City Council of the City of Fairfield Approving the Amendment toHOME Tenant Based Rental Assistance (TBRA) Program GuidelinesRecommended ActionAdopt resolution(s).Funding SourceN/AContact:LaTanya Terrones, (707) 4287454a11.Resolution 2022278 of the City Council of the City of Fairfield Approving the CommunityDevelopment Block Grant Program 4th Substantial Amendment to the Fiscal Year 20192020Annual Action Plan; andResolution 2022279 of the City Council of the City of Fairfield Approving the CommunityDevelopment Block Grant Program 3rd Substantial Amendment to the Fiscal Year 20202021Annual Action PlanRecommended ActionAdopt resolutions.Funding Source$110,000; Community Block Grant Program CV $89,000; CDBG Entitlement FundsContact:LaTanya Terrones, (707) 4287454a12.Second Reading and Adoption of Ordinance 202212 of the City Council of the City of FairfieldAmending Chapter 25, Article XI of the Fairfield Municipal CodeRecommended ActionProvide second reading and adopt Ordinance 202212.Funding SourceN/AContact:David Feinstein, (707) 4287448a13.Second Reading and Adoption of Ordinance 202213 of the City Council of the City of FairfieldApproving the First Amendment to the Restated and Amended Development Agreement by andbetween the City of Fairfield and Albert D. Seeno Construction Co., a California LimitedPartnership, Seecon Financial and Construction Co. Inc., a California Corporation, and WestCoast Homebuilders Inc., a California CorporationRecommended ActionProvide second reading and adopt Ordinance 202213.Funding SourceN/AContact:David Feinstein, (707) 4287448aNEW BUSINESS14.Solano Connected Broadband & Digital Equity ReportRecommended ActionReceive presentation, open discussion, and provide direction to staff.Funding SourceN/AContact:Marisa Cumpian, (707) 4287494a15.Resolution 2022280 of the City Council of the City of Fairfield Adopting a Resolution toIncrease the Hourly Wage of Dispatcher I/II and Amend the Memorandum of UnderstandingBetween the City and Fairfield Employees' AssociationRecommended ActionAdopt resolution.Funding Source$485,746; General FundContact:Farbod Pirouzmand, (707) 4287397a16.Resolution 2022281 of the City Council of the City of Fairfield Approving Required FindingsRelating to the Adoption and Amendment of the 2022 California Building Standards Code (AlsoKnown as Chapter 5, Building and Housing Code of the City of Fairfield Municipal Code); andFirst Reading and Introduction of Ordinance 202214 of the City Council of the City of FairfieldRepealing and Replacing Chapter 5 of the City Of Fairfield Municipal Code (Also Known as theBuilding and Housing Code of the City of Fairfield), Adopting by Reference Title 24, of the 2022California Code of Regulations, Known Collectively as the California Building Standards Code;Respectively Part 2, California Building Code; Part 2.5, California Residential Building Code;Part 3, California Electrical Code; Part 4, California Mechanical Code; Part 5, CaliforniaPlumbing Code; Part 6, California Energy Code; Part 8, California Historical Building Code;Part 9, California Fire Code (as Amended in Chapter 8 of the City of Fairfield Municipal Code);Part 10, California Existing Building Code; Part 11, California Green Building Standards Code(Calgreen Code); Part 12, California Referenced Standards Code, and Also Adopting the 2021International Property Maintenance Code, and Supplementary Secondary ReferencesRecommended ActionAdopt resolution, waive full reading, read by title only, and introduce ordinance for first reading.Funding SourceN/AContact:Jeff Thomas, (707) 4287442a17.Resolution 2022282 of the City Council of the City of Fairfield Repealing and ReplacingChapter 8 (Fire Prevention Code) of the Fairfield City Code, Adopting by Reference CaliforniaCode of Regulations, Title 24, Part 9, Known as the 2022 California Fire Code, withAmendments to Reflect Local Conditions, and Adopting by Reference Certain Provisions of the2021 International Fire Code; and Publish Notice and Set A Public Hearing On This Matter forNovember 15, 2022 at 6:00 P.M. in the Fairfield City Council Chamber; andFirst Reading and Introduction of Ordinance 202215 of the City Council of the City of FairfieldRepealing and Replacing Chapter 8 (Fire Prevention Code) of the Fairfield City Code, Adoptingby Reference California Code of Regulations, Title 24, Part 9, Known as the 2022 CaliforniaFire Code, with Amendments to Reflect Local Conditions, and Adopting by Reference CertainProvisions of the 2021 International Fire Code Recommended Action
Adopt resolution, waive full reading, read by title only, and introduce ordinance for first reading.

Funding Source
N/A
Contact:Steven Conti, (707) 4287550
a
PUBLIC HEARINGS

18.Public Hearing; and
Resolution 2022283 of the City Council of the City of Fairfield Annexing Territory (Fairfield Industrial Center) to Community Facilities District No. 20122 (Public Safety Services, Open Space Operation, and Park Maintenance) as Annexation No. 59, Authorizing the Levy of a Special Tax Within the Annexed Territory, and Submitting the Levy of a Special Tax to the Qualified Electors Thereof; and
Resolution 2022284 of the City Council of the City of Fairfield Declaring the Results of a Special Annexation Election in Territory Annexed to Community Facilities District No. 20122 (Public Safety Services, Open Space Operation, and Park Maintenance), Determining the Validity of Prior Proceedings, and Directing Recording of Amended Notice of Special Tax Lien for City of Fairfield Community Facilities District No. 20122 (Public Safety Services, Open Space Operation, and Park Maintenance) Annexation No. 59 (Fairfield Industrial Center) Recommended Action
Hold public hearing and adopt resolutions.

Funding Source
N/A
Contact:Chris Lewis, (707) 4287089
a

19.Public Hearing; and
Resolution 2022285 of the City Council of the City of Fairfield Annexing Territory (Valley Strong Credit Union) to Community Facilities District No. 20122 (Public Safety Services, Open Space Operation, and Park Maintenance) as Annexation No. 60, Authorizing the Levy of a Special Tax Within the Annexed Territory, and Submitting the Levy of a Special Tax to the Qualified Electors Thereof; and
Resolution 2022286 of the City Council of the City of Fairfield Declaring the Results of a Special Annexation Election in Territory Annexed to Community Facilities District No. 20122 (Public Safety Services, Open Space Operation, and Park Maintenance), Determining the Validity of Prior Proceedings, and Directing Recording of Amended Notice of Special Tax Lien for City of Fairfield Community Facilities District No. 20122 (Public Safety Services, Open Space Operation, and Park Maintenance) Annexation No. 60 (Valley Strong Credit Union) Recommended Action
Hold public hearing and adopt resolutions.

Funding Source
N/A
Contact:Chris Lewis, (707) 4287089
a

20.Public Hearing; and
Resolution 2022287 of the City Council of the City of Fairfield Approving the Issuance of Revenue Bonds in an Aggregate Principal Amount Not to Exceed $70,000,000 to Finance Packet Page 6 of 575

CITY OF FAIRFIELDFAIRFIELD CITY COUNCILREGULAR CONCURRENT MEETINGTUESDAY, OCTOBER 18, 2022; 6:00 PMCOUNCIL CHAMBER, 1000 WEBSTER STREET, FAIRFIELD,CA 94533 OR VIA ZOOMAGENDANotice to PublicThe City of Fairfield is committed to providing meeting facilities that areaccessible to persons with disabilities and/or have language barriers. To requestmeeting materials in alternative formats, or to request a sign languageinterpreter, realtime captioning, or other accommodation, please contact theCity Clerk's Office, at least 72 hours in advance of the meeting at (707) 4287400.For individuals with hearing or speaking limitations, dial 711 or (800) 7352922(English). For Spanish, Tagalog or other language, please dial (800) 8553000and provide the communication assistant with the following City telephonenumber: (707) 3994010.Pursuant to AB 361 regarding public meetings held during the COVID19 emergency,councilmembers may attend via teleconference. Members of the public can observe the meeting onComcast Cable Channel 26, ATT UVerse 99, and webstreamed live at www.youtube.com/user/FFCATV/live . The public may join the meeting via Zoom at https://fairfieldca.zoom.us/j/85359219241?pwd=dnBZVE1tenNjR0R6YXVCdmRycElSdz09 or viaphone (408) 6380968, Webinar ID: 853 5921 9241, Passcode: 7074287400CALL TO ORDER 6:00 PMROLL CALLCouncilmember Pam Bertani Councilmember Cat MoyCouncilmember Doriss PanduroCouncilmemberChuck TimmCouncilmember Scott Tonnesen ViceMayor Rick VaccaroMayor Harry PriceINVOCATION Worship Pastor Jeff Hood, First Baptist ChurchPLEDGE OF ALLEGIANCECOUNCIL REPORTSCITY MANAGER REPORTCITY ATTORNEY REPORTCITY CLERK REPORTPRESENTATIONS1.Proclamation Declaring Domestic Violence Awareness Month Presented by CouncilmemberPam BertaniContact:Karen Rees, (707) 428 7767aPUBLIC COMMENTS PUBLIC COMMENTSPersons wishing to address the City Council on subjects not on the agenda but within the jurisdictionof the council may do so at this time. The council cannot discuss or take action on matters not on theagenda for this meeting, but councilmembers may briefly respond to statements made or questionsraised by the public, ask for clarification from staff, refer the matter to staff, request staff to report backto the council at a subsequent meeting, or place the matter on a future agenda. To speak on anagenda item please use the “raise your hand” feature or press *9 on your phone. Speakers arelimited to three minutes per item.CONSENT CALENDARAll matters listed on the Consent Calendar are to be approved with one motion unless a member ofthe City Council or the public requests that separate action be taken on a specific item.2.Approval of Meeting Minutes from August 2022Recommended ActionApprove the meeting minutes.Funding SourceN/AContact:Esther Beavers, (707) 4287400a3.Resolution 2022270 of the City Council of the City of Fairfield Reconsidering and AuthorizingPublic Meetings to be Held Via Teleconferencing Pursuant to Government Code Section54953(e) and Making Findings and Determinations Regarding the SameRecommended ActionAdopt resolution.Funding SourceN/AContact:Karen Rees, (707) 4287767a4.Resolution 2022271 of the City Council of the City of Fairfield to Suspend Competitive Biddingand Authorize the City Manager to Enter into a Contract with Westnet Inc. for the Installation of aFirstIn Alerting Platform Systems in the City of Fairfield Dispatch Center and Fire Stations 35,37, 38, 39 (Including Annex), 40, and 41Recommended ActionAdopt resolution.Funding Source$1,384,773.70; Public Building Capital Improvement FundContact:Phil Layoso, (707) 4287505a5.Resolution 2022272 of the City Council of the City of Fairfield Authorizing the Filing of a Claimwith the Metropolitan Transportation Commission (MTC) for Allocation of TransportationDevelopment Act (TDA) and State Transit Assistance Funds (STAF) for Fiscal Year 20222023Recommended ActionAdopt resolution.Funding SourceN/AContact:Diane Feinstein, (707) 4343808a6.Resolution 2022273 of the City Council of the City of Fairfield Approving Amendment No. 2 tothe Consultant Services Agreement Between the City of Fairfield and Karen Kramer WorkplaceInvestigationsRecommended ActionAdopt resolution.Funding Source$100,000; General FundContact:Farbod Pirouzmand, (707) 4287397a7.Resolution 2022274 of the City Council of the City of Fairfield Suspending Competitive Biddingand Authorizing the City Manager to Purchase Eleven Replacement Police Vehicles andAuthorizing an Update to the Fiscal Year 20222023 BudgetRecommended ActionAdopt resolution.Funding Source$952,258.50; Police Department Vehicle Replacement FundContact:David Renschler, (707) 4287414a8.Resolution 2022275 of the City Council of the City of Fairfield Approving the Plans andSpecifications and Awarding a Contract to FBD Vanguard Construction, Inc. for the GrangeMiddle School Safe Routes to School and Pavement Preservation Project, Federal Aid ProjectNo. CML 5132049 and Authorizing an Update to the Fiscal Year 20222023 BudgetRecommended ActionAdopt resolution.Funding Source$3,328,503.75; Capital Streets FundContact:Phil Layoso, (707) 4287505a9.Resolution 2022276 of the City Council of the City of Fairfield Approving the TechnologySoftwareasaService (SaaS) Agreement for OnDemand (Microtransit) and InAdvance(Paratransit) Scheduling, Dispatch, and Management Software between the City of Fairfield andThe Routing CompanyRecommended ActionAdopt resolution.Funding SourceN/AContact:Shaun Vigil, (707) 4343807a10.Resolution 2022277 of the City Council of the City of Fairfield Approving the Amendment toHOME Tenant Based Rental Assistance (TBRA) Program GuidelinesRecommended ActionAdopt resolution(s).Funding SourceN/AContact:LaTanya Terrones, (707) 4287454a11.Resolution 2022278 of the City Council of the City of Fairfield Approving the CommunityDevelopment Block Grant Program 4th Substantial Amendment to the Fiscal Year 20192020Annual Action Plan; andResolution 2022279 of the City Council of the City of Fairfield Approving the CommunityDevelopment Block Grant Program 3rd Substantial Amendment to the Fiscal Year 20202021Annual Action PlanRecommended ActionAdopt resolutions.Funding Source$110,000; Community Block Grant Program CV $89,000; CDBG Entitlement FundsContact:LaTanya Terrones, (707) 4287454a12.Second Reading and Adoption of Ordinance 202212 of the City Council of the City of FairfieldAmending Chapter 25, Article XI of the Fairfield Municipal CodeRecommended ActionProvide second reading and adopt Ordinance 202212.Funding SourceN/AContact:David Feinstein, (707) 4287448a13.Second Reading and Adoption of Ordinance 202213 of the City Council of the City of FairfieldApproving the First Amendment to the Restated and Amended Development Agreement by andbetween the City of Fairfield and Albert D. Seeno Construction Co., a California LimitedPartnership, Seecon Financial and Construction Co. Inc., a California Corporation, and WestCoast Homebuilders Inc., a California CorporationRecommended ActionProvide second reading and adopt Ordinance 202213.Funding SourceN/AContact:David Feinstein, (707) 4287448aNEW BUSINESS14.Solano Connected Broadband & Digital Equity ReportRecommended ActionReceive presentation, open discussion, and provide direction to staff.Funding SourceN/AContact:Marisa Cumpian, (707) 4287494a15.Resolution 2022280 of the City Council of the City of Fairfield Adopting a Resolution toIncrease the Hourly Wage of Dispatcher I/II and Amend the Memorandum of UnderstandingBetween the City and Fairfield Employees' AssociationRecommended ActionAdopt resolution.Funding Source$485,746; General FundContact:Farbod Pirouzmand, (707) 4287397a16.Resolution 2022281 of the City Council of the City of Fairfield Approving Required FindingsRelating to the Adoption and Amendment of the 2022 California Building Standards Code (AlsoKnown as Chapter 5, Building and Housing Code of the City of Fairfield Municipal Code); andFirst Reading and Introduction of Ordinance 202214 of the City Council of the City of FairfieldRepealing and Replacing Chapter 5 of the City Of Fairfield Municipal Code (Also Known as theBuilding and Housing Code of the City of Fairfield), Adopting by Reference Title 24, of the 2022California Code of Regulations, Known Collectively as the California Building Standards Code;Respectively Part 2, California Building Code; Part 2.5, California Residential Building Code;Part 3, California Electrical Code; Part 4, California Mechanical Code; Part 5, CaliforniaPlumbing Code; Part 6, California Energy Code; Part 8, California Historical Building Code;Part 9, California Fire Code (as Amended in Chapter 8 of the City of Fairfield Municipal Code);Part 10, California Existing Building Code; Part 11, California Green Building Standards Code(Calgreen Code); Part 12, California Referenced Standards Code, and Also Adopting the 2021International Property Maintenance Code, and Supplementary Secondary ReferencesRecommended ActionAdopt resolution, waive full reading, read by title only, and introduce ordinance for first reading.Funding SourceN/AContact:Jeff Thomas, (707) 4287442a17.Resolution 2022282 of the City Council of the City of Fairfield Repealing and ReplacingChapter 8 (Fire Prevention Code) of the Fairfield City Code, Adopting by Reference CaliforniaCode of Regulations, Title 24, Part 9, Known as the 2022 California Fire Code, withAmendments to Reflect Local Conditions, and Adopting by Reference Certain Provisions of the2021 International Fire Code; and Publish Notice and Set A Public Hearing On This Matter forNovember 15, 2022 at 6:00 P.M. in the Fairfield City Council Chamber; andFirst Reading and Introduction of Ordinance 202215 of the City Council of the City of FairfieldRepealing and Replacing Chapter 8 (Fire Prevention Code) of the Fairfield City Code, Adoptingby Reference California Code of Regulations, Title 24, Part 9, Known as the 2022 CaliforniaFire Code, with Amendments to Reflect Local Conditions, and Adopting by Reference CertainProvisions of the 2021 International Fire CodeRecommended ActionAdopt resolution, waive full reading, read by title only, and introduce ordinance for first reading. Funding SourceN/AContact:Steven Conti, (707) 4287550aPUBLIC HEARINGS18.Public Hearing; and Resolution 2022283 of the City Council of the City of Fairfield Annexing Territory (FairfieldIndustrial Center) to Community Facilities District No. 20122 (Public Safety Services, OpenSpace Operation, and Park Maintenance) as Annexation No. 59, Authorizing the Levy of aSpecial Tax Within the Annexed Territory, and Submitting the Levy of a Special Tax to theQualified Electors Thereof; and Resolution 2022284 of the City Council of the City of Fairfield Declaring the Results of aSpecial Annexation Election in Territory Annexed to Community Facilities District No. 20122(Public Safety Services, Open Space Operation, and Park Maintenance), Determining theValidity of Prior Proceedings, and Directing Recording of Amended Notice of Special Tax Lienfor City of Fairfield Community Facilities District No. 20122 (Public Safety Services, OpenSpace Operation, and Park Maintenance) Annexation No. 59 (Fairfield Industrial Center)Recommended ActionHold public hearing and adopt resolutions.Funding SourceN/AContact:Chris Lewis, (707) 4287089a19.Public Hearing; and Resolution 2022285 of the City Council of the City of Fairfield Annexing Territory (Valley StrongCredit Union) to Community Facilities District No. 20122 (Public Safety Services, Open SpaceOperation, and Park Maintenance) as Annexation No. 60, Authorizing the Levy of a Special TaxWithin the Annexed Territory, and Submitting the Levy of a Special Tax to the Qualified ElectorsThereof; and Resolution 2022286 of the City Council of the City of Fairfield Declaring the Results of aSpecial Annexation Election in Territory Annexed to Community Facilities District No. 20122(Public Safety Services, Open Space Operation, and Park Maintenance), Determining theValidity of Prior Proceedings, and Directing Recording of Amended Notice of Special Tax Lienfor City of Fairfield Community Facilities District No. 20122 (Public Safety Services, OpenSpace Operation, and Park Maintenance) Annexation No. 60 (Valley Strong Credit Union)Recommended ActionHold public hearing and adopt resolutions.Funding SourceN/AContact:Chris Lewis, (707) 4287089a20.Public Hearing; and Resolution 2022287 of the City Council of the City of Fairfield Approving the Issuance of Revenue Bonds in an Aggregate Principal Amount Not to Exceed $70,000,000 to Finance Parkside Flats, an Affordable Rental Housing project to be Located at 1600 Woolner Avenue for the Benefit of Affordable Housing Alliance II, Inc., or an Affiliate Thereof, and Certain Other Matters Relating Thereto
Recommended Action
Hold public hearing and adopt resolution.

Funding Source
N/A
Contact:LaTanya Terrones, (707) 4287454
a
ADJOURN TO TUESDAY, NOVEMBER 1, 2022, 6:00 P.M., COUNCIL CHAMBER.

Any disclosable public records related to an open session item on a regular meeting agenda and distributed by the City of Fairfield to all or a majority of the Fairfield City Council less than 72 hours prior to that meeting are available for public inspection at City Hall, in the 4th floor lobby, 1000 Webster Street, Fairfield, California during normal business hours.

PUBLIC NOTIFICATION
I, Esther Beavers, Deputy City Clerk, do hereby certify that I have caused a true copy of the above notice and agenda to be delivered to each of the members of the Fairfield City Council, at the time and in the manner prescribed by law and that this agenda was posted at City Hall, 1000 Webster Street, Fairfield, California on October 14, 2022.

Packet Page 7 of 575

Agenda Item No: 2.

AGENDA REPORT
DATE:October 18, 2022
TO:Mayor and City Council
FROM:David Gassaway, Interim City Manager
SUBJECT:Approval of Meeting Minutes from August 2022
RECOMMENDED ACTION
Approve the meeting minutes.

STATEMENT OF ISSUE
Minutes need approval by the City Council.

DISCUSSION
The City Council Minutes for August 16, 2022, have been approved by the city attorney and need council approval.

FINANCIAL IMPACT
N/A
PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
N/A
ALTERNATIVE ACTION
The council may choose to modify the minutes which will result in bringing this item back at a future date.

STAFF CONTACT
Esther Beavers
(707) 4287400
[email protected]
COORDINATED WITH
City Attorney's Office
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Agenda Item No: 2.AGENDA REPORTDATE:October 18, 2022 TO:Mayor and City CouncilFROM:David Gassaway, Interim City ManagerSUBJECT:Approval of Meeting Minutes from August 2022RECOMMENDED ACTIONApprove the meeting minutes.STATEMENT OF ISSUEMinutes need approval by the City Council.DISCUSSIONThe City Council Minutes for August 16, 2022, have been approved by the city attorney and need councilapproval.FINANCIAL IMPACTN/APUBLIC CONTACT/ADVISORY BODY RECOMMENDATIONN/AALTERNATIVE ACTIONThe council may choose to modify the minutes which will result in bringing this item back at a futuredate.STAFF CONTACTEsther Beavers(707) 428[email protected] WITH City Attorney's Office
ATTACHMENTS:

Description
City Council Minutes 8162022
REVIEWERS:

Reviewer Action Date
Beavers, Esther Approved 10/4/2022 8:00 AM
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CITY OF FAIRFIELD FAIRFIELD

CITY COUNCIL

REGULAR CONCURRENT MEETING
TUESDAY, AUGUST 16, 2022; 6:00 PM
COUNCIL CHAMBER, 1000 WEBSTER STREET, FAIRFIELD, CA
94533 OR VIA ZOOM

COUNCIL MINUTES

CALL TO ORDER

Mayor Harry T. Price called the meeting to order at 6:00 p.m.

ROLL CALL

On roll call were Councilmembers Pam Bertani, Cat Moy (online), Doriss Panduro, Chuck Timm, Scott Tonnesen, Vice Mayor Rick Vaccaro, and Mayor Price.

INVOCATION

Councilmember Bertani asked everyone to join her in reciting the Lord’s Prayer.

PLEDGE OF ALLEGIANCE

Councilmember Timm led the Pledge of Allegiance.

COUNCIL REPORTS

Vice Mayor Vaccaro reported that National Night Out was a huge success. He stated he enjoyed participating in the backpack giveaways to students the past two weekends. He said Fairfield schools open on August 17 and cautioned everyone to slow down and be safe. Lastly, he shared that his grandson Mason starts Kindergarten tomorrow!

Councilmember Bertani did not have a report but thanked retiring City Attorney Greg Stepanicich for his 24 years of dedicated service to the City of Fairfield. She did add that Mt. Calvary Baptist Church had extra backpacks for any student that did not receive one.

Councilmember Moy also enjoyed the backpack events and reported that the “best bakery” downtown would give students a cupcake after school on August 18 and 19.

Councilmember Panduro thanked the non-profits and service providers that participated in backpack giveaways. She gave a special thank you to the Lions Club, who served free ice cream at both events.

She also thanked the Fire and Police departments for cooking 1,400 hotdogs. She stated that the Fairfield-Suisun Unified School District Resource Office also has extra backpacks.

Councilmember Timm reported he and Mayor Price attended the Sudie M. Smith Scholarship Program annual event at Jelly Belly on August 13 to a sold-out crowd. He shared that Sudie was a cafeteria worker at Armijo High School for many years. Since 1997, her family has bestowed a memorial scholarship in her honor through the Assist-A-Grad Scholarship Program at Armijo. He wished Greg Stepanicich a long and healthy retirement.

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Councilmember Tonnesen reported that a ribbon-cutting and grand opening event will be held on August 13 at 5 p.m. at Allan Witt Park for the new pickleball courts, refurbished tennis courts, and a new futsal court. He gave a special thank you to George Kennedy, who was instrumental in bringing pickleball to Fairfield.

Mayor Price reported that he and Interim City Manager David Gassaway attended a ribbon cutting at Sullivan Elementary School for the Dual Immersion Program, which has moved from B. Gale Wilson School to Sullivan for TK-5th grade. B. Gale Wilson will continue to house the middle school Dual Immersion program.

CITY MANAGER REPORT

Interim City Manager David Gassaway invited the community to attend the 30th Annual Tomato & Vine Festival in downtown Fairfield on September 10 and 11. Next, he announced that the Federal Transit Administration (FTA) had awarded $12 Million to the City of Fairfield for their transit electrification efforts, which will significantly impact that program. He thanked Transit Manager Diane Feinstein, Transportation Planner Shaun Vigil, and Transportation Technician April Cobb for their efforts in helping to secure the funds. Lastly, he reported that Fairfield Fire Chief Luckenbach has met with the Cordelia Fire District, who would possibly like to contract with Fairfield Fire for fire services when the new station #36 is completed in 2024. The City is exploring if we would be able to provide those services. He stated there were no changes to the agenda.

CITY ATTORNEY REPORT

City Attorney David Lim had nothing to report.

CITY CLERK REPORT

City Clerk Karen Rees reported that 11 candidates filed paperwork to run for elected office: three for Mayor, three for District 1; two for District 3; and three for District 5. The election is on November 8, 2022. She congratulated former City Attorney Greg Stepanicich on his retirement!

PRESENTATIONS

1. Proclamation recognizing Greg Stepanicich's retirement presented by Mayor Harry Price.

2. Proclamation declaring National Suicide & Prevention Week presented by Councilmember Chuck Timm to Tracey Lacey, Mental Health Services Coordinator from Solano County, and Charlene Noveras, a member of the County’s Suicide Prevention Committee.

3. Community Development Management Analyst Jonathan Luong presented the Youth Photography Contest Awards to Michael Lamb and Markus Taliaferro. Samantha Atwood was absent.

PUBLIC COMMENTS

Jeff Trager spoke about upcoming events at the Downtown Theater.

Nora Martinez spoke about homelessness.

Bryan Lynch thanked Code Enforcement Officer Elizabeth Dalby. He spoke about the vacant lot at Sunset and Tabor Avenue.

Jack Batson spoke about Item 19, as he had to leave early.

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Nora Dizon thanked staff for the live music concert in Ridgeview Park. She also thanked staff and the Police Department for Fairfield's wonderful National Night Out events.

K. Patrice Williams spoke about the new one-way streets downtown.

CONSENT CALENDAR

4. Approval of Meeting Minutes from July 2022

5. Resolution 2022-198 of the City Council of the City of Fairfield Reconsidering and Authorizing Public Meetings to be Held Via Teleconferencing Pursuant to Government Code Section 54953(e) and Making Findings and Determinations Regarding the Same

6. Resolution 2022-199 of the City Council of the City of Fairfield Approving and Authorizing the Execution of the Grazing License Between the City of Fairfield, the County of Solano, and Pacific Livestock, Inc. for the Approximately 288-Acre Property Commonly Known as the Wilcox Triangle Property Located in Solano County, California

7. Resolution 2022-200 of the City Council of the City of Fairfield Approving the Second Amendment to Declaration of Easements, Covenants and Restrictions Entered Into By and Among the City of Fairfield, a California Municipal Corporation, Tallen California LLC, a California Limited Liability Company, 99 Cents Only Stores LLC, a California Limited Liability Company, and McDonald’s the USA, LLC, a Delaware Limited Liability Company Against Real Property located in the City of Fairfield, More Commonly Known as Parcels 1, 2, 3, 4 and 5, as shown on that Certain Map Entitled: “Fairfield Home and Garden Center II,” Which Map was Filed in the Office of the County Recorder of Solano County, California on March 13, 1995, in Book 39 of Parcel Maps at Page 21

8. Resolution 2022-201 of the City Council of the City of Fairfield Approving the Professional Services Agreement for Geographic Information System Assessme nt and Strategy with Vestra Resources, Inc.

9. Resolution 2022-202 of the City Council of the City of Fairfield Approving a Loan and Third Amendment to the Purchase and Sale Agreement Between the City of Fairfield and APRR Management, LLC, and Authorizing Execution of a Promissory Note, Deed of Trust, and Assignment Agreement for Engineering/Architectural Plans for the Hotel Property

10. Resolution 2022-203 of the City Council of the City of Fairfield Authorizing Amendments to the Departmental Position Control List

11. Resolution 2022-204 of the City Council of the City of Fairfield Authorizing the City Manager to Execute an Agreement for the Exchange of Real Property and Joint Recording Instructions between the City of Fairfield and Fairfield-Suisun Unified School District

12. Resolution 2022-205 of the City Council of the City of Fairfield Authorizing the City Manager to Execute Grant Deeds Transferring Certain Real Property, Easements, and Similar Instruments, Related to the Villages at Fairfield Development (Parcels C & G)

13. Resolution 2022-206 of the City Council of the City of Fairfield Authorizing the City Manager to Execute Amendment No. 5 to the Design Services Agreement between the City of Fairfield and Callander Associates, Inc., for the Implementation Plan of the Central Fairfield Revitalization

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14. Resolution 2022-207 of the City Council of the City of Fairfield Approving the Plans and Specifications and Awarding a Contract to All About Building, Inc. for the Fire Station 35 – Alterations and Fire Station 40 – Door Replacement Project

15. Resolution 2022-208 of the City Council of the City of Fairfield Authorizing the City Manager to Execute the Second Amendment to the Memorandum of Understanding by and Among the Cities of Dixon, Fairfield, Rio Vista, Suisun City, Vacaville, Solano County Transit, and the Solano Transportation Authority for Intercity Taxi Card Program Services

16. Resolution 2022-209 of the City Council of the City of Fairfield to Suspend Competitive Bidding and Authorize the City Manager to Purchase Automatic Passenger Counters from Urban Transportation Associates for Fairfield and Suisun Transit (FAST) Vehicles

Councilmember Timm made a motion to approve the Consent Calendar as presented. Councilmember Panduro seconded the motion. By a roll call vote, the motion was carried unanimously.

NEW BUSINESS

Vice Mayor Vaccaro asked that Item 22 be moved to the first item under New Business.

22. Public Works Management Analyst Chris Lewis recommended to Council that it open the public hearing and approve Resolutions 2022-217 to 2022-232 of the City Council of the City of Fairfield Approving the Fiscal Year 20222023 Engineer’s Reports, Confirming the Fiscal Year 20222023 Diagrams and Assessments, and Ordering the Fiscal Year 2022-2023 Improvements for Landscaping and Lighting Maintenance Districts No. 1 – Gateway, No. 3 – Waterman Highlands, No. 5 – Smith Ranch, No. 6 – Peppertree, No. 7 – Rolling Hills, No. 8 – Kolob Estates, No. 10 – Southbrook, No. 11 – Paradise Valley North, No. 12 – Downtown Business District, No. 13 – North Cordelia, No. 14 – Woodlake, No. 15 – Gold Ridge, No. 16 – Creekside at Cordelia, No. 17 – Chadbourne-Beck-Cordelia, No. 18 – Gold Ridge Park, and No. 19 – Corporate Commons

Mayor Price opened the public hearing.

David Renaud and June Johnsen spoke on Item 22.

Mayor Price closed the public hearing.

Vice Mayor Vaccaro made a motion to approve Resolutions 2022-217 to 2022-232 (consecutively).

Councilmember Timm seconded the motion. By a roll call vote, the motion was carried unanimously.

17. Assistant Public Works Director of Engineering, Ryan Panganiban opened the discussion on forming a Landscaping and Lighting Maintenance Districts Oversight Committee.

June Johnsen and Michael Zeiss spoke on item 17.

Option 2 would be a standing committee with five members meeting twice annually.

After a lengthy discussion, Councilmember Bertani made a motion to approve a modified Option 2, with a seven-member committee, one from each district and one at large member, with quarterly meetings, including reporting directly to the City Council each quarter. Vice Mayor Vaccaro seconded the motion.

By a roll call vote, the motion was carried unanimously.

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18. Public Works Management Analyst Chris Lewis recommended to Council that it approve Resolutions 2022-210 to 2022-213 of the City Council of the City of Fairfield Authorizing a Loan and Budget Transfer from the Intergovernmental Loan Fund to Landscaping and Lighting Maintenance District No. 1 – Gateway, District No. 3 – Waterman Highlands, District No. 6 – Peppertree, and District No. 12 – Downtown Business District for Landscape Maintenance Services Through the Fiscal Year 2022-2023 and Authorizing an Update to the Fiscal Year 2022-2023 Budget .

Councilmember Timm made a motion to approve Resolutions 2022 -210, 2022-211, and 2022-213.

Councilmember Bertani seconded the motion. By a roll call vote, the motion was carried unanimously.

19. Assistant Public Works Director of Utilities Michael Hether recommended to Council that it approve Resolution 2022-214 of the City Council of the City of Fairfield Authorizing the Mayor and City Manager to Execute an Indemnification Agreement between Solan o County and the City of Fairfield; and

Resolution 2022-215 of the City Council of the City of Fairfield Authorizing the Mayor and City Manager to Execute a Potable Water Service Agreement Between Solano Irrigation District and the City of Fairfield for the Middle Green Valley Specific Plan Area

Duane Kromm, Michael Zeiss, Marilyn Farley, Roger Merrill, Nora Dizon, Anthony Russo, Beth Schoenberger (online), and James Bezek spoke on Item 19.

Councilmember Tonnesen made a motion to approve Resolutions 2022-214 and 2022-215.

Councilmember Timm seconded the motion. By a roll call vote, the motion carried 6-1, with Councilmember Moy voting no.

Councilmember Tonnesen asked if Item 21 could be moved before Item 20, as he had to recuse himself from Item 20, as he owns real estate property near the defendant’s location.

PUBLIC HEARINGS

21. Community Development Management Analyst Jonathan Luong recommended to Council that it open the public hearing; and approve the First Reading and Introduction of Ordinance 2022-09 of the City Council of the City of Fairfield Amending Chapter 27, Article X, Section 27.1104 of the Fairfield Municipal Code, Also Known as the City of Fairfield Community Preservation, to Establish the Regulations of Vacant Window Storefronts in the Downtown .

Mayor Price opened the hearing. There were no requests to speak. Mayor Price closed the public hearing.

Councilmember Tonnesen made a motion to waive the full reading of Ordinance 2022 -09, read by title only, and introduce the ordinance for the first reading. Councilmember Bertani seconded the motion.

By a roll call vote, the motion was carried unanimously.

20. City Attorney David Lim recommended to Council that it open the Public Hearing; and hear Resolution 2022-216 of the City Council of the City of Fairfield [Approving/Sustaining] [Denying/Overruling] the Appeal of the Revocation of Business License Number 21001161 Belonging to Auto Service and Towing, Located at 1350 North Texas Street, Fairfield, CA.

The matter was called to order at approximately 8:59 p.m. as the last item on the agenda. City Clerk Rees read the item number and title. Councilmember Tonnesen recused himself because he lived within 500 yards of the subject property and left the Council Chamber. Mayor Price opened the public hearing and asked the parties to introduce themselves. Jeremy Profitt introduced himself to the City. Randy Packet Page 14 of 575Attachment 1 Page 5 of 6

Thomas, attorney for Auto Service and Towing (dba Payless Towing), introduced himself, along with owner Mubasher Choudhery.

City Clerk Rees swore all witnesses. Mr. Profitt presented for the City. Mr. Thomas and Mr. Choudhery presented for Auto Service and Towing. The Council asked questions of both sides. Mr. Thomas and Mr.

Choudhery were given unlimited time to submit their issues and discuss the matter with the Council. Interim City Manager David Gassaway also spoke on behalf of the City. Both sides agreed to allow all 64 pages of written documents and accompanying photos to be considered by the Council to make their decision. After further discussion and questions by the Council, a motion by Councilmember Bertani, second by Vice-Mayor Vacarro to deny the appeal of Auto Service and Towing without prejudice. City staff directed to continue working cooperatively with Auto Service and Towing to obtain a conditional use permit to allow the business to operate. Attorney Mr. Thomas waived any irregularities in allowing the denial of the appeal without prejudice. Motion passed 6-0, with Councilmember Tonnesen abstaining due to recusal. –Matter Concluded-

THE MEETING WAS ADJOURNED AT 9:57 P.M. TO TUESDAY, SEPTEMBER 6, 2022, AT 6:00 P.M., COUNCIL CHAMBER.

_____________________________
City Clerk

________________________________
Mayor

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Agenda Item No: 3.

AGENDA REPORT
DATE:October 18, 2022
TO:Mayor and City Council
FROM:David Gassaway, Interim City Manager
SUBJECT:Resolution 2022270 of the City Council of the City of Fairfield Reconsidering and Authorizing Public Meetings to be Held Via Teleconferencing Pursuant to Government Code Section 54953(e) and Making Findings and Determinations Regarding the Same RECOMMENDED ACTION
Adopt resolution.

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

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

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

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

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

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

1. The state of emergency continues to directly impact the ability of the members to meet in person safely; or
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Agenda Item No: 3.AGENDA REPORTDATE:October 18, 2022 TO:Mayor and City CouncilFROM:David Gassaway, Interim City ManagerSUBJECT:Resolution 2022270 of the City Council of the City of Fairfield Reconsidering andAuthorizing Public Meetings to be Held Via Teleconferencing Pursuant to GovernmentCode Section 54953(e) and Making Findings and Determinations Regarding the SameRECOMMENDED ACTIONAdopt resolution.STATEMENT OF ISSUEGovernment Code 54953(e) is new legislation that amends the Brown Act to allow local agencies tomeet remotely during declared emergencies under certain conditions. The code requires that the CityCouncil reconsider and reauthorize these provisions every 30 days following initial authorization.DISCUSSIONOn October 5, 2021, the council adopted provisions of Assembly Bill (AB) 361, urgency legislation thatamends the Brown Act to allow local agencies to meet remotely during declared emergencies undercertain conditions. AB 361 authorizes local agencies to continue meeting remotely without following theBrown Act’s standard teleconferencing provisions, including the requirement that meetings beconducted in physical locations if the meeting is held during a state of emergency proclaimed by theGovernor and either of the following applies:1. State or local officials have imposed or recommended measures to promote social distancing; or2. The agency has already determined whether, as a result of the emergency, meeting in personwould present imminent risks to the health or safety of the attendee.Council has utilized teleconferencing options throughout the pandemic, including remote appearancesby Councilmembers and public comments from citizens via Zoom, email, or teleconference.AB requires the council to reconsider the circumstances of the state of emergency every 30 daysfollowing the adoption of the law and make specific findings that either of the following cases exists:

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

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

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

PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
None.

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

STAFF CONTACT
Karen Rees, City Clerk
(707) 4287767
[email protected]
COORDINATED WITH
City Attorney's Office
ATTACHMENTS:

Description
Proposed Resolution
REVIEWERS:

Reviewer Action Date
Beavers, Esther Approved 10/4/2022 7:56 AM
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CITY OF FAIRFIELD

RESOLUTION NO. 2022-270

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

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

REGARDING THE SAME

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

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

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

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

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

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

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

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

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

2. Either of the following circumstances exists:

A. The state of emergency continues to directly impact the ability of the members to safely meet in person; or
B. State or local officials continue to impose or recommend measures to promote social distancing; and
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RES. NO. 2022-270

Page 2 ends

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

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

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

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

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

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

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

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

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

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

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

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

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RES. NO. 2022-270

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

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

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

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

PASSED AND ADOPTED this 18th day of October, 2022, by the following vote:

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

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

MAYOR

ATTEST:

____________________________

CITY CLERK

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Agenda Item No: 4.

AGENDA REPORT
DATE:October 18, 2022
TO:Mayor and City Council
FROM:David Gassaway, Interim City Manager
SUBJECT:Resolution 2022271 of the City Council of the City of Fairfield to Suspend Competitive Bidding and Authorize the City Manager to Enter into a Contract with Westnet Inc. for the Installation of a FirstIn Alerting Platform Systems in the City of Fairfield Dispatch Center and Fire Stations 35, 37, 38, 39 (Including Annex), 40, and 41 RECOMMENDED ACTION
Adopt resolution.

STATEMENT OF ISSUE
The City of Fairfield’s current fire station alerting system was deployed over 20 years ago and modified to work with aging computeraided dispatch (CAD) and radio systems which now consist of both outdated hardware and software. The frequency of system failure is increasing due to the age of the system, the Fire Department is running a higher risk of delayed response and potentially missing a call.

Additionally, the system has become a challenge to repair due to several missioncritical parts that are no longer available. Staff recommends replacing the Fire Department’s outdated alerting system by authorizing a contract with Westnet Inc. (Westnet) for the installation of a FirstIn Alerting Platform Systems at all existing City fire stations and the City’s dispatch center in the amount of $1,258,885.17.

DISCUSSION
Fire station alerting systems are designed to automate the process of alerting fire and rescue personnel, enhancing communications, and decreasing response times. These systems are composed of radio gear, computers, and other hardware (e.g., switches, lights, alarms, etc.), as well as software to control these components.

With the failure of the City’s existing alerting system increasing, the City has been gearing up to replace the fire station alerting system for the past year. Additionally, the City recently installed a temporary modular building to serve Fire Station 39, which now needs to have an alerting system installed.

Because of the degradation and multiple failures of the fire station alerting system, City staff has been in contact with various vendors and multiple other agencies to determine the best replacement for the City’s alerting system. It was determined by the Fire Department and I.T. Department that Westnet was best suited to provide a complete inplace alerting system, training, and support.

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Westnet's scope of work includes:

Furnishing and installing the FirstIn Alerting Platform Systems at each of the seven fire stations, as well as the dispatch center
Replacing all existing wiring, lights, speakers, and other related hardware with new equipment Upgrading all the communications, interface, and programming to work with the City’s CAD and radio system, as well as provide training.

The proposed system offers the following advantages and operational efficiencies:

National Fire Protection agency (NFPA) compliance
Reduced response times and increased firehouse safety
Multiple ways of activation and modular design
Utilization of emit audible and/or visual indication of an incoming alert from dispatch Ability to turn lights on and off, isolate dorm rooms to specific alerts, open doors, turn off stoves, play the alert, and ring the alarms (including new healthconscious rampup tones).

The contract with Westnet for the Fire Station 35, 37, 38, 39 (including Annex), 40, 41, and Dispatch Center project (Project) is for the amount of $1,258,885.17. Staff is requesting a 10% management reserve ($125,883.53) for unexpected developments based on installation at the older stations. The total authorized amount will be $1,384,773.70.

Westnet’s quote was done using a “GovernmenttoGovernment” procurement service available nationwide by the HoustonGalveston Area Council (HGAC). HGAC's cooperative purchasing program, known as HGACBuy, was established pursuant to Texas Interlocal Cooperation Act [Texas Local Government Code, Title 7, Chapter 791] (Act). The Act allows local governments and certain non profits to contract or agree under the terms of the Act to make purchases or provide purchasing services and other administrative functions appropriately established by another government entity.

Government entities have been procuring products and services through HGACBuy for over forty years.

HGACBuy streamlines the procurement process more efficiently by establishing priced contracts for goods and services and providing the customer service necessary to help its members achieve their procurement goals. All contracts available to members of HGACBuy have been awarded by virtue of a public competitive procurement process compliant with state statutes.

The City’s Administrative Policy for purchasing generally require procurement of this value to be competitively bid with formal bid advertisement. However, the Fairfield Municipal Code (FMC) provides several exceptions to the formal bidding procedures, one of which allows the City Council to suspend competitive bidding and purchase directly from a vendor when it is in the best interests of the City (FMC section 28.60). The formal bidding process would take approximately four months for a contract to be executed with a vendor, which would delay the fire department’s urgent need for the Fire Station 39 Annex. The current City alerting system is inadequate and may impact the emergency response to the community.

Replacement of the alerting system in the City’s stations will necessitate the removal of old wires and cables from the old system, and repair of drywall and painting after the installation of the system is complete. This additional work adds approximately $115,000 to the total cost of the Project but will not be performed by Westnet and is not part of the alerting system. The additional work will be provided by Public Works using the City’s procurement procedures.

Staff recommends council adopt the attached resolution to suspend competitive bidding and authorize the purchase and installation of Westnet FirstIn Alerting Platform Systems for the City of Fairfield Dispatch Center and Fire Stations 35, 37, 38, 39 (including Annex), 40, and 41.

FINANCIAL IMPACT
The total cost for the FirstIn Alerting Platform Systems is $1,384,773.70 ($1,258,885.17 contract Packet Page 22 of 575

Agenda Item No: 4.AGENDA REPORTDATE:October 18, 2022 TO:Mayor and City CouncilFROM:David Gassaway, Interim City ManagerSUBJECT:Resolution 2022271 of the City Council of the City of Fairfield to Suspend CompetitiveBidding and Authorize the City Manager to Enter into a Contract with Westnet Inc. forthe Installation of a FirstIn Alerting Platform Systems in the City of Fairfield DispatchCenter and Fire Stations 35, 37, 38, 39 (Including Annex), 40, and 41RECOMMENDED ACTIONAdopt resolution.STATEMENT OF ISSUEThe City of Fairfield’s current fire station alerting system was deployed over 20 years ago and modifiedto work with aging computeraided dispatch (CAD) and radio systems which now consist of bothoutdated hardware and software. The frequency of system failure is increasing due to the age of thesystem, the Fire Department is running a higher risk of delayed response and potentially missing a call.Additionally, the system has become a challenge to repair due to several missioncritical parts that areno longer available. Staff recommends replacing the Fire Department’s outdated alerting system byauthorizing a contract with Westnet Inc. (Westnet) for the installation of a FirstIn Alerting PlatformSystems at all existing City fire stations and the City’s dispatch center in the amount of $1,258,885.17.DISCUSSIONFire station alerting systems are designed to automate the process of alerting fire and rescuepersonnel, enhancing communications, and decreasing response times. These systems are composedof radio gear, computers, and other hardware (e.g., switches, lights, alarms, etc.), as well as software tocontrol these components. With the failure of the City’s existing alerting system increasing, the City has been gearing up to replacethe fire station alerting system for the past year. Additionally, the City recently installed a temporarymodular building to serve Fire Station 39, which now needs to have an alerting system installed. Because of the degradation and multiple failures of the fire station alerting system, City staff has beenin contact with various vendors and multiple other agencies to determine the best replacement for theCity’s alerting system. It was determined by the Fire Department and I.T. Department that Westnet wasbest suited to provide a complete inplace alerting system, training, and support.Westnet's scope of work includes:Furnishing and installing the FirstIn Alerting Platform Systems at each of the seven fire stations,as well as the dispatch centerReplacing all existing wiring, lights, speakers, and other related hardware with new equipmentUpgrading all the communications, interface, and programming to work with the City’s CAD andradio system, as well as provide training.The proposed system offers the following advantages and operational efficiencies:National Fire Protection agency (NFPA) complianceReduced response times and increased firehouse safetyMultiple ways of activation and modular designUtilization of emit audible and/or visual indication of an incoming alert from dispatchAbility to turn lights on and off, isolate dorm rooms to specific alerts, open doors, turn off stoves,play the alert, and ring the alarms (including new healthconscious rampup tones).The contract with Westnet for the Fire Station 35, 37, 38, 39 (including Annex), 40, 41, and DispatchCenter project (Project) is for the amount of $1,258,885.17. Staff is requesting a 10% managementreserve ($125,883.53) for unexpected developments based on installation at the older stations. Thetotal authorized amount will be $1,384,773.70.Westnet’s quote was done using a “GovernmenttoGovernment” procurement service availablenationwide by the HoustonGalveston Area Council (HGAC). HGAC's cooperative purchasingprogram, known as HGACBuy, was established pursuant to Texas Interlocal Cooperation Act [TexasLocal Government Code, Title 7, Chapter 791] (Act). The Act allows local governments and certain nonprofits to contract or agree under the terms of the Act to make purchases or provide purchasingservices and other administrative functions appropriately established by another government entity.Government entities have been procuring products and services through HGACBuy for over forty years.HGACBuy streamlines the procurement process more efficiently by establishing priced contracts forgoods and services and providing the customer service necessary to help its members achieve theirprocurement goals. All contracts available to members of HGACBuy have been awarded by virtue of apublic competitive procurement process compliant with state statutes.The City’s Administrative Policy for purchasing generally require procurement of this value to becompetitively bid with formal bid advertisement. However, the Fairfield Municipal Code (FMC) providesseveral exceptions to the formal bidding procedures, one of which allows the City Council to suspendcompetitive bidding and purchase directly from a vendor when it is in the best interests of the City (FMCsection 28.60). The formal bidding process would take approximately four months for a contract to beexecuted with a vendor, which would delay the fire department’s urgent need for the Fire Station 39Annex. The current City alerting system is inadequate and may impact the emergency response to thecommunity.Replacement of the alerting system in the City’s stations will necessitate the removal of old wires andcables from the old system, and repair of drywall and painting after the installation of the system iscomplete. This additional work adds approximately $115,000 to the total cost of the Project but will notbe performed by Westnet and is not part of the alerting system. The additional work will be provided byPublic Works using the City’s procurement procedures.Staff recommends council adopt the attached resolution to suspend competitive bidding and authorizethe purchase and installation of Westnet FirstIn Alerting Platform Systems for the City of FairfieldDispatch Center and Fire Stations 35, 37, 38, 39 (including Annex), 40, and 41.

FINANCIAL IMPACT
The total cost for the FirstIn Alerting Platform Systems is $1,384,773.70 ($1,258,885.17 contract amount + $125,883.53 contingency). Funds are budgeted in the Public Building Capital Improvement Fund (Fund 254, Project No. 10389). Finance has confirmed that there are adequate funds in the Public Building Capital Improvement Fund.

PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
N/A
ALTERNATIVE ACTION
The council may choose to deny this purchase, however that may leave the City with an inadequate fire alerting system and impacts the emergency response to the community. The current system is failing and staff does not recommend delaying the adoption of the resolutions because it will cause significant delay in the alerting system installation of Fire Station 39 Annex.

STAFF CONTACT
Phil Layoso, Assistant Engineer
(707) 4287505
[email protected]
COORDINATED WITH
City Attorney's Office, Finance Department, Fire Department, Information Technology ATTACHMENTS:

Description
Proposed Resolution
Proposed Agreement
REVIEWERS:

Reviewer Action Date
Kaushal, Paul Approved 10/6/2022 7:54 PM
Beavers, Esther Approved 10/6/2022 8:06 PM
Beavers, Esther Approved 10/6/2022 8:07 PM
Packet Page 23 of 575

CITY OF FAIRFIELD

RESOLUTION NO. 2022-271

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAIRFIELD TO SUSPEND COMPETITIVE

BIDDING AND AUTHORIZE THE CITY MANAGER TO ENTER INTO A CONTRACT WITH WESTNET INC. FOR THE INSTALLATION OF A FIRST-IN ALERTING PLATFORM SYSTEMS IN THE CITY OF FAIRFIELD DISPATCH CENTER AND FIRE STATIONS 35, 37, 38, 39 (INCLUDING ANNEX), 40, AND 41 WHEREAS, currently, the City of Fairfield’s Fire Department’s station alerting system is modified to work with aging computer-aided dispatch (CAD) and radio systems, but is outdated and has failed on occasions; and

WHEREAS, the City desires to upgrade the existing fire alerting systems by installing a First-In Alerting Platform System at Fire Stations 35, 37, 38, 39 (including annex), 40, 41, and the City’s dispatch center; and

WHEREAS, Westnet, Inc. (Westnet) is the designer and installer of First-In Alerting Platform Systems; and

WHEREAS, Westnet has agreed to provide hardware, installation and training for the Fire Station 35, 37, 38, 39, 39 Annex, 40, 41, and Dispatch Center project (Project); and

WHEREAS, following formal bid procedures would cause significant delay in the installation of the Project; and

WHEREAS, there is an urgent need for the City to have the Fire Station 39 Annex completed by November 1, 2022, because the current alerting system is not reliable and not having an alert system for Fire Department staff creates an operational need for the City. Westnet’s First-In Alerting Platform System provides a fully functional alerting system to serve the City’s emergency responders; and

WHEREAS, section 28.60 of the Fairfield Municipal Code provides that the City Council may suspend competitive bidding for any purchase and may enter into a contract to procure general contractual services through the use of an alternative selection process after determining that it would be in the best interests of the City; and

WHEREAS, the City has received a quote from Westnet to replace the City’s fire station alerting system using a "Government-to-Government" procurement service available nationwide, the Houston-Galveston Area Council (H-GAC), which provides for a public competitive procurement process compliant with state statutes; and

Packet Page 24 of 575Attachment 1 Page 1 of 2

RES. NO. 2022-271

Page 2 ends

WHEREAS, funding for the Project was allocated in the City’s approved Capital Improvement Program.

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

Section 1. The council hereby suspends competitive bidding and authorizes the city manager to purchase a fire alerting system from Westnet for a total amount not-to-exceed $1,258,885.17.

Section 2. The public works director is hereby authorized to execute and administer change orders for an amount not-to-exceed ten percent ($125,883.53) of the above-mentioned contract for unexpected development issues working within existing building structures. The total cost for the First-In Alerting Platform Systems is $1,384,773.70, ($1,258,885.17 contract + $125,883.53 contingency).

Section 3. The council further authorizes the city manager to take all steps necessary to implement this resolution.

PASSED AND ADOPTED this 18th day of October, 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 25 of 575Attachment 1 Page 2 of 2

AGREEMENT FOR CONSTRUCTION CONTRACT SERVICES

BETWEEN THE CITY OF FAIRFIELD AND
WESTNET, INC.

FOR

INSTALLATION OF A FIRE ALERTING SYSTEM

THIS AGREEMENT is made and entered into on the date last written below, by and between the CITY OF FAIRFIELD, a municipal corporation (hereinafter "CITY"), and WESTNET, INC., a California corporation , (hereinafter “CONTRACTOR”).

R E C I T A L S
The purpose for which this AGREEMENT is made, all pertinent recitals are listed on EXHIBIT 1, entitled "RECITALS", which is attached hereto and incorporated herein.

THE PARTIES HEREBY AGREE AS FOLLOWS:

SECTION 1. SCOPE OF SERVICES.

CONTRACTOR shall perform those services specified in detail in EXHIBIT 2, entitled "SCOPE OF SERVICES", which is attached hereto and incorporated herein.

SECTION 2. TERM OF AGREEMENT.

The term of this AGREEMENT shall be from (check one):
the date of this AGREEMENT last written below to March 31, 2023, inclusive, subject to the provisions of SECTION 11 of this AGREEMENT. to , inclusive, subject to the provisions of SECTION 11 of this AGREEMENT.

SECTION 3. SCHEDULE OF PERFORMANCE.

The services of CONTRACTOR are to be completed according to the schedule set out in EXHIBIT 3, entitled "SCHEDULE OF PERFORMANCE", which is attached hereto and incorporated herein. Time is of the essence in this AGREEMENT.

SECTION 4. COMPENSATION.

The compensation to be paid to CONTRACTOR, including both payment for professional services and reimbursable expenses, shall not exceed ONE MILLION TWO HUNDRED FIFTY EIGHT THOUSAND EIGHT HUNDRED EIGHTY FIVE DOLLARS AND SEVENTEEN CENTS ($1,258,885.17). The rate and schedule of payment are set out in EXHIBIT 4, entitled "COMPENSATION", which is attached hereto and incorporated herein.

Packet Page 26 of 575Attachment 2 Page 1 of 59

SECTION 5. METHOD OF PAYMENT.

Consistent with the completion of the Project Milestones and corresponding Payment Schedule, both of which are set forth in Exhibit D to CONTRACTOR’s Proposal, attached hereto at Exhibit 2-1 and hereby expressly incorporated by reference, CONTRACTOR shall furnish to CITY a statement of the work performed for compensation for the applicable Project Milestone. Such statement shall also include a detailed record of the Project Milestone’s actual reimbursable expenditures permitted hereunder.

SECTION 6. INDEPENDENT CONTRACTOR.

It is understood and agreed that CONTRACTOR (including CONTRACTOR’s employees), in the performance of the work and services agreed to be performed by CONTRACTOR, shall act as and be an independent contractor and not an agent or employee of CITY; and, as an independent contractor, neither CONTRACTOR nor CONTRACTOR’s employees shall have any rights to retirement benefits or other benefits that accrue to CITY's employees and CONTRACTOR hereby expressly waives any claim it or its employees may have to any such benefits or rights.

SECTION 7. ASSIGNABILITY.

The parties agree that the expertise and experience of CONTRACTOR are material considerations for this AGREEMENT. CONTRACTOR shall not assign or transfer any interest in this AGREEMENT nor the performance of any of CONTRACTOR's obligations hereunder, without the prior written consent of CITY, and any attempt by CONTRACTOR to so assign or transfer this AGREEMENT or any rights, duties or obligations arising hereunder shall be void and of no effect.

SECTION 8. INDEMNIFICATION AND WAIVER OF SUBROGATION.

A. INDEMNITY.

To the fullest extent allowed by law, following City’s acceptance of the work in accordance with the terms of Exhibit E and F of Exhibit 2-1, CONTRACTOR shall indemnify and hold harmless CITY, its officers, officials, employees and volunteers from and against all actions, causes of actions, damages, costs, liabilities, claims, losses, judgments, penalties and expenses of every type and description, including without limitation any fees and/or costs reasonably incurred by CITY, its staff attorneys or contract attorneys and any and all costs, fees and expenses incurred in enforcing this provision (hereafter collectively referred to as “Liabilities”), incurred in Packet Page 27 of 575Attachment 2 Page 2 of 59

connection with any third party claim, including City employees, arising out of or in connection with any negligent act or omission, or other legal fault of CONTRACTOR, its officers, employees, subconsultants, subcontractors or agents in connection with the performance or nonperformance of this AGREEMENT, whether or not CITY accepted or approved any service or work product performed or provided by CONTRACTOR hereunder, and whether or not such Liabilities are litigated, settled or reduced to judgment. In the event that a final decision or judgment allocates liability by determining that any portion of damages awarded is attributable to CITY’s negligence or willful misconduct, CITY shall pay the portion of such Liabilities which is allocated to CITY’s negligence or willful misconduct, provided that CITY shall not be liable for any passive negligence of CITY, its officers, officials, employees and volunteers in reviewing, accepting or approving any service or work product performed or provided by CONTRACTOR.

B. OBLIGATION TO DEFEND.

CONTRACTOR shall, upon CITY’s request, defend with counsel approved by CITY (which approval shall not be unreasonably withheld), at CONTRACTOR’s sole cost and expense, any third party claim pursuant to Section 8(A).

C. INSURANCE POLICIES; TERMINATION.

Acceptance of insurance certificates or endorsements required under EXHIBIT 5 of this AGREEMENT does not relieve CONTRACTOR from liability under this SECTION 8 and shall apply to all damages and claims of every kind suffered, or alleged to have been suffered, by reason of CONTRACTOR’s negligence, misconduct, or other legal fault regardless of whether or not such insurance policies shall have been determined to be applicable to any of such damages or claims for damages. CONTRACTOR’s responsibility for such defense and indemnity obligations shall survive the termination or completion of this AGREEMENT for the full period of time allowed by law.

SECTION 9. INSURANCE REQUIREMENTS.

The defense and indemnification obligations of this AGREEMENT are undertaken in addition to, and shall not in any way be limited by, the insurance obligations contained in this AGREEMENT. CONTRACTOR agrees to have and maintain the policies of insurance set forth in EXHIBIT 5, entitled "INSURANCE", which is attached hereto and incorporated herein. All policies, Packet Page 28 of 575Attachment 2 Page 3 of 59

endorsements, certificates and/or binders shall be subject to approval by CITY’s Risk Management as to form and content. These requirements are subject to amendment or waiver only if so approved in writing by CITY’s Risk Management. CONTRACTOR agrees to provide CITY project manager with a copy of said policies, endorsements, certificates and/or binders before work commences under this AGREEMENT. The policies shall include a waiver of subrogation endorsement by which CONTRACTOR’s insurer agrees to waive all rights of subrogation against CITY, its officers, officials, employees and volunteers for losses arising from work performed by CONTRACTOR for CITY.

SECTION 10. NONDISCRIMINATION.

CONTRACTOR shall not discriminate in any way against any person on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age or sexual orientation in connection with or related to the performance of this AGREEMENT.

SECTION 11. TERMINATION.

A. CITY shall have the right to terminate this AGREEMENT, without cause, by giving not less than thirty (30) days prior written notice of termination.

B. Either Party may terminate this AGREEMENT immediately if the other Party breaches any material provisions of this AGREEMENT and, if curable, fails to cure such breach within thirty (30) days after receipt of written notice of such breach. .

C. In accordance with Article XVI, Section 18 of the California Constitution, if in any fiscal year subsequent to the execution of this AGREEMENT, CITY fails to appropriate money for the purpose of funding this AGREEMENT, this AGREEMENT shall terminate, without penalty, effective upon the close of business on the last day of the fiscal year for which funding has been appropriated.

D. CITY's Director of Public Works or his/her authorized designee is authorized to terminate this AGREEMENT on behalf of CITY in accordance with the terms of this AGREEMENT.

E. In the event of termination, CONTRACTOR shall deliver to CITY copies of all reports, documents, and other work performed by CONTRACTOR under this AGREEMENT and, Packet Page 29 of 575Attachment 2 Page 4 of 59

upon receipt thereof, CITY shall pay CONTRACTOR for the reasonable value of services performed to the date of termination.

SECTION 12. GOVERNING LAW.

CITY and CONTRACTOR agree that the law governing this AGREEMENT shall be that of the State of California.

SECTION 13. COMPLIANCE WITH LAWS.

CONTRACTOR shall comply with all applicable laws, ordinances, codes and regulations of the federal, state and local governments.

SECTION 14. CONFIDENTIAL INFORMATION.

All data, documents, discussions, or other information developed or received by or for CONTRACTOR in the performance of this AGREEMENT are confidential and not to be disclosed to any person except with the prior written permission of CITY, or as required by law.

SECTION 15. OWNERSHIP OF MATERIALS.

All reports, documents or other materials developed or discovered by CONTRACTOR or any other person engaged directly or indirectly by CONTRACTOR to perform the services required hereunder shall be and remain the property of CITY without restriction or limitation upon their use by CITY. CONTRACTOR retain all right, title and interest in any preexisting, or otherwise proprietary, templates, processes, methodologies, concepts, techniques, routines, invention, improvements and/or developments, owned by CONTRACTOR or in which CONTRACTOR (collectively “Pre-Existing Materials”) provided to City in the course of providing the Services. In instances where such Pre-Existing Materials are protected by CONTRACTOR’s copyright, then CITY shall have a personal, unlimited, non-transferable and non-exclusive license under CONTRACTOR’s copyright to such reports, documents, or other materials.

SECTION 16. WAIVER.

CONTRACTOR agrees that waiver by CITY of any breach or violation of any term or condition of this AGREEMENT shall not be deemed to be a waiver of any other term or condition contained herein or a waiver of any subsequent breach or violation of the same or any other term or condition. The acceptance by CITY of the performance of any work or services by CONTRACTOR shall not be deemed to be a waiver of any term or condition of this AGREEMENT.

Packet Page 30 of 575Attachment 2 Page 5 of 59

SECTION 17. CONTRACTOR'S BOOKS AND RECORDS.

A. CONTRACTOR shall maintain any and all ledgers, books of account, invoices, vouchers, cancelled checks, and other records or documents evidencing or relating to charges for services, or expenditures and disbursements charged to CITY for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to CONTRACTOR pursuant to this AGREEMENT.

B. CONTRACTOR shall maintain all documents and records which demonstrate performance under this AGREEMENT for a minimum period of three (3) years, or for any longer period required by law, from the date of termination or completion of this AGREEMENT.

C. Any records or documents required to be maintained pursuant to this AGREEMENT shall be made available for inspection or audit, at CITY’s expense, at any time during regular business hours upon fifteen (15) days prior written request by CITY’s City Attorney, City Manager, or a designated representative of either of these officers. Copies of such documents shall be provided to CITY for inspection at City Hall when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records shall be available at CONTRACTOR's address indicated for receipt of notices in this AGREEMENT.

D. Where CITY has reason to a good faith belief, after reasonable due diligence, that such records or documents may be lost or discarded due to dissolution, disbandment or termination of CONTRACTOR's business, CITY may, by written request by any of the above-named officers, require that custody of such records and documents be given to CITY and that such records and documents shall be maintained in City Hall. Access to such records and documents shall be granted to any party authorized by CONTRACTOR, CONTRACTOR's representatives, or CONTRACTOR's successor-in-interest during regular business hours.

SECTION 18. CONFLICT OF INTEREST.

CONTRACTOR shall avoid all conflict of interest or appearance of conflict of interest in the performance of this AGREEMENT.

SECTION 19. SPECIAL PROVISIONS.

Special provisions, if any, to this AGREEMENT are specified in EXHIBIT 6, entitled, "SPECIAL PROVISIONS", which is attached hereto and incorporated herein.

Packet Page 31 of 575Attachment 2 Page 6 of 59

SECTION 20. NOTICES.

All notices and other communications required or permitted to be given under this AGREEMENT shall be in writing and shall be personally served or mailed, postage prepaid and addressed to the respective parties as follows:

TO CITY:

City of Fairfield
1000 Webster Street Fairfield, CA 94533
ATTENTION: Phil Layoso
TO CONTRACTOR: Westnet
15542 Chemical Lane
Huntington Beach, CA 92649
ATTENTION: Dawn Matheny
Notice shall be deemed effective on the date personally delivered or, if mailed, three (3) days after deposit in the mail.

SECTION 21. CLAIMS AGAINST CITY.

In the event any claim or cause of action is brought against CITY by CONTRACTOR, its officers, employees, subconsultants, subcontractors, or agents in connection with the performance or nonperformance or arising out of or in any way connected to this AGREEMENT or the duties and obligations contemplated herein, CONTRACTOR, its officers, employees, subconsultants, subcontractors, or agents must comply with Fairfield Municipal Code (FMC) Chapter 2, Article I, Section 2.3.7, as may be amended from time to time. Any claims arising out of or in any way connected to this AGREEMENT, the performance or non-performance hereof, or the duties and obligations contemplated herein must be presented in writing to CITY no later than six (6) months after the accrual of the cause of action and such claims shall be governed by the provisions of FMC Chapter 2, Article I, Section 2.3.7, as may be amended from time to time. No lawsuit, complaint, or cause of action arising out of or in any way connected with the AGREEMENT, the performance or non-performance hereof, or the duties and obligations contemplated herein may be brought against CITY, or any officer, employee, board, commission, or authority of CITY, until a written claim has been presented to the CITY Council (by and through the CITY Clerk) and has been acted upon or has been deemed to have been rejected by CITY.

Packet Page 32 of 575Attachment 2 Page 7 of 59

SECTION 22. VENUE.

In the event that suit shall be brought by either party to this AGREEMENT, the parties agree that venue shall be exclusively vested in the state courts of the County of Solano or, where otherwise appropriate, exclusively in the United States District Court, Eastern District of California, Sacramento, California.

SECTION 23. INTERPRETATION.

Each party has reviewed this AGREEMENT and any question of doubtful interpretation shall not be resolved by any rule or interpretation providing for interpretation against the drafting party. This AGREEMENT shall be construed as if both parties drafted it. The captions and headings contained herein are for convenience only and shall not affect the meaning or interpretation of this AGREEMENT.

SECTION 24. SIGNATOR’S WARRANTY.

Each party warrants to each other party that he or she is fully authorized and competent to enter into this AGREEMENT in the capacity indicated by his or her signature and agrees to be bound by this AGREEMENT.

SECTION 25. COUNTERPART AND ELECTRONIC SIGNATURE.

As permitted under the U.S. Electronic Signatures in Global and National Commerce (ESIGN) Act of 2000, and the Uniform Electronic Transactions Act (UETA), the parties hereby agree to conduct this transaction by electronic means. This AGREEMENT may be executed through an electronic signature and may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. The parties agree that the electronic signatures appearing on this AGREEMENT are intended by each party using it to have the same force and effect as the use of a manual signature for the purposes of validity, enforceability, and admissibility.

SECTION 26. PRIOR AGREEMENTS AND AMENDMENTS.

This AGREEMENT, including all Exhibits attached hereto, represents the entire understanding of the parties as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered hereunder.

Packet Page 33 of 575Attachment 2 Page 8 of 59

Packet Page 34 of 575Attachment 2 Page 9 of 59

EXHIBIT 1

RECITALS

WHEREAS, CITY desires to obtain contract services with respect to CONTRACTOR’s First-In Alerting Platform and Alerting System pursuant to the terms of Exhibit 2-1 for City’s Dispatch Center and at Fire Stations 35, 37, 38, 39, 39 Annex, 40, 41; and WHEREAS, WESTNET has the necessary professional expertise and skill to perform such services.

NOW, THEREFORE, the purpose of this AGREEMENT is to retain WESTNET as CONTRACTOR to CITY to perform those services specified in SECTION 1 of this AGREEMENT.

Packet Page 35 of 575Attachment 2 Page 10 of 59

EXHIBIT 2

SCOPE OF SERVICES

The services to be provided hereunder are more particularly described in CONTRACTOR’s proposal attached hereto as EXHIBIT 2-1 and incorporated herein by reference (“Proposal”). All modifications and markups to CONTRACTOR’s Proposal are incorporated into this EXHIBIT 2.

References to “Customer” or “Client” in the Proposal shall mean CITY, and references to Westnet shall mean CONTRACTOR.

In the event of any conflict or inconsistency between the provisions of this AGREEMENT and the Proposal, including any limitations of liability, the provisions of this AGREEMENT shall control.

Packet Page 36 of 575Attachment 2 Page 11 of 59

EXHIBIT 2-1

Fairfield Fire Department

Statement Of Work For First-In Alerting Platform
and Alerting System Installation

Westnet, Inc.

Huntington Beach, CA 92649
(800) 807-1700
www.FirstInAle rting.com
Packet Page 37 of 575Attachment 2 Page 12 of 59

SOW FOR FIRST -IN ALERTING SYSTEM INSTALLATION IMPLEMENTATION AT Fairfield – 2022 Page 1

PROJECT OVERVIEW:

The purpose of this project is for the providing and installing of Westnet First-In® Fire Station Alerting System (System). The parties to this project are: W estnet, Inc. (W estnet or “Contractor”) as the provider, installer, and implementer of the system and Fairfield Fire Department, as the “Client”, or “Customer .” Fairfield Fire Department will be referred to as the “City.”

Westnet will provide and install a First -In Alerting Platform and Fire Station Alerting for the Fairfield Fire Stations 35, 37, 38, 39, 39 Annex, 40, 41 and Dispatch.

Upon receipt of a properly formatted alert from the Client's CAD, the System will utilize the Client's network and radio system to activate the Westnet Systems in the Client F ire Stations. Depending upon Station relays and interfaces, the various First-In Smart Station Units (Units) and/or other non-Smart Station units, if implemented (i.e. Client's public address system, traffic lights, stove, etc.) will emit an audible and/or visual indication of an incoming alert from Dispatch.

EXHIBITS:

The Exhibits listed below are incorporated into and made a part of the Contract. In interpreting these Exhibits any inconsistency between the Exhibits will be resolved in the order in which they are listed.

Exhibit A Delivery and Installation Verification Forms
Exhibit B Warranty
Exhibit C Contract Price and Deliverables
Exhibit D Payment Schedule
Exhibit E Acceptance Test Plan
Exhibit F Final System Acceptance Certificate
Exhibit G Maintenance and Support Statement of Work

PROJECT SCHEDULE:

The estimated project timeline starts upon Westnet’s acceptance of the Customer’s purchase order which includes by reference this Statement of Work. The timeline for completion is ninety (90) days from the later of the accepted Purchase Order or Westnet’s receipt of all program ming information necessary to deliver the System. Factors that may expedite or delay this schedule include: each party completing their respective tasks, the technical assistance or items provided by Client third parties (i.e. CAD vendor) and successful completion of a project milestone.

Customer acknowledges that the system to be provided is highly customized and the result of significant resources in the design, manufacturing, programming, and shipping processes. Should Customer, after authorizing Westnet to proceed with this project, decide to cancel the project, the Customer will remain liable for all special engineering services, project coordination charges, licensed software, computers, and the cost of any Smart Station equipment already designed or programmed as of the time of the cancellation, without regard to whether that equipment was already shipped or delivered.

CHANGE ORDERS:

No changes to this SOW that result in additional charges will be implemented without an approved written Change Order executed by both parties.

WESTNET TO PROVIDE:

1. The Deliverables as listed in Exhibit C.

2. Installation of the Deliver ables, which includes installation and testing of the new station cabling.

Packet Page 38 of 575Attachment 2 Page 13 of 59

SOW FOR FIRST -IN ALERTING SYSTEM INSTALLATION IMPLEMENTATION AT Fairfield – 2022 Page 2

3. Participation in on-site acceptance testing as listed in Exhibit E.

4. A Westnet Representative at the conclusion of the installation to certify the installation and provide operator training. Operating training will take place during a single mobilization at the conclusion of station installation and consist of one (1) class per fire station.

5. Project management and coordination with Customer technical staff on system configuration.

6. A one (1) year warranty per Exhibit B. The warranty and techn ical support period commence upon completion of the Acceptance Testing Plan.

7. As-built drawings depicting the Westnet equipment in the fire station(s).

CUSTOMER TO PROVIDE:

1. Bonding information for the complete project, as well as financial information and, if deemed necessary, payment bond in favor of Westnet.

2. Complete and return to Westnet all RFI documents and provide written approval of a completed Voice Track Configuration Sheet thirty (30) days prior to scheduled equipment shipment. P roject completion is dependent upon the timely receipt of completed ZIRDs (Zone, Incident, Response, and District level announcements) and Pre-Alert Tones.

3. Prior to Westnet mobilization, a Westnet-approved VPN or IP connection for remote system adjustments, maintenance, troubleshooting and updates shall be verified at each station where installation is to be completed. It is estimated that the System will need one (1) additional IP address for maintenance purposes.

4. Removal or disposal of any existing equipment.

5. Rough-in of boxes and any conduit required by the electrical code or Customer.

6. Confirmation that all rough-in is complete prior to scheduling installation of the System.

7. Existing amplifier or speaker troubleshooting, repair or replacement.

8. Any interfaces in Dispatch (i.e. CAD or radio console) or licenses to other dispatcher centers.

9. Locked storage for the equipment. The Customer will bear the risk of loss on the equipment once it has been delivered to the Customer or has been permanently affixed to the fire station. The Customer’s Project Manager will inspect the equipment as each Station’s equipment is delivered and will execute the Delivery Verification Form in Exhibit A-1.

10. All antivirus and operating system updates for any Dispatch or station computers supplied for or used in this project. The Customer will need to schedule the updates with Westnet in order to minimize system interruption. Customer will be responsible for all ongoing virus and operating system updates.

11. Provide a minimum of five (5) business day notice to the Westnet Project Manager or Westnet’s Installation Company should the Customer need to postpone the scheduled installation or any project- related visits. Remobilization charges may apply if the Customer has not provided all items listed in this Statement of Work prior to the scheduled installation and if Westnet is unable to reasonably continue work at another Customer location.

12. One (1) unused electrical wall outlet for each UPS, Appliance and Systems Interface Unit, flat panel display, Server, and Messenger. Westnet highly recommends using wall outlets that are part of the generator back-up supplied power system.

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13. Adequate space to install the System. If the Customer desires the System to be installed in a rack, a First-In Rack Mount Kit and other accessories will be required. The Master Control Unit (MCU), Power Module and UPS must not be more than six (6) feet from the fire station radio(s), the network switch and a 110-volt outlet.

14. Provide the radio equipment necessary for integration. The installed radio equipment includes, but is not limited to, a properly operating radio, installed outside antenna an d feedline, and a lightening arrestor with a five-ohm earth ground circuit connected to the radio antenna lightening suppressing circuit. The radio must produce an acceptable level of signaling, as well as an acceptable level of Dispatch voice audio. An acceptable level of signaling shall be a fixed line level output of 500 millivolts peak-to-peak of Dispatch audio and alerting data (e.g. DTMF, P25, Digital, 2-tone sequential, etc.).

15. Access for Westnet to install, at its discretion, a Westnet-owned Performance Monitoring Computer in Dispatch. The computer is used to administer technical support and maintenance services. The computer will be returned to Westnet at the conclusion of the warranty and/or maintenance period.

16. Technical assistance on integration with the Customer equipment to be integrated with the alerting system and associated with fire station alerting (e.g. radio, network equipment).

17. If permits are required, the Customer will provide electronic drawings of the station. These drawings must be capable of being edited and used for the permit process. Unless otherwise listed as a Deliverable, a separate fee will be assessed for permit fees and related time and expenses.

18. The supply or install of any conduit work, power receptacles, shunt trip c ircuit breakers, coils for the kitchen appliances, gas solenoid, power contactors, any wiring in excess of 24-volts, bond fees, or any other work and/or materials not specifically included or listed herein

19. A Client provided analog paging port to the station’s phone switch which will interface with the Telephone Interface Module to provide in-house/intercom paging over the newly installed System speakers. If the station has VoIP telephone system, the Client shall provide an analog telephone adapter (ATA) that will include Caller Party Control and assign an extension for in-house paging.

20. The Appliance and Systems Interface Unit (SS-SAIU-10) will only control a gas solenoid valve rated

1.51 amps 24V AC. The Westnet tested and accepted natural gas valve is the ASCO Red Hat Normally Closed gas valve.

Normally closed means that the valve will flow gas when the 24VAC power is applied to the gas valve control coil. When the fire station is in an alerted mode, the SS-SAIU-10 removes the 24 VAC power from the gas control coil and the gas valve closes shutting off the flow of natural gas to the appliances.

The SS-SAIU-10 requires a 120V receptacle located in accessible area and is to be installed by a licensed electrician. The approved ASCO Red Hat valves are as follows: 8215B060, 8215B050 or 8215G030. This valve must be furnished and installed by others. They are not to be mounted outside as they are not rated as weatherproof. The solenoid must be installed in a ventilated area and by a licensed plumber. Each additional electrical appliance(s) and/or fixture(s), to be controlled by the SS-SAIU-10, requires a Client provided, 50 Amp (Minimum), 600V, 24VAC Coil, continuous -duty contactor to be installed by a licensed electrician. The SS-SAIU-10 must be installed on a dedicated circuit (supplied and installed by others).

Appliances utilizing the SS-SAIU-10 must utilize an electric pilot ignitor. If the stove has an automatic ignitor, Westnet recommends having an ele ctrician install a power contactor (relay) in the AC power line to the stove as well as the gas valve. The Appliance Controller would then control two outputs, one for the gas and the second output to control the stove’s AC power. The relay for the AC power should have a coil control voltage rating of 24 V AC.

21. Provide Westnet with any other support to ensure successful installation and integration of the alerting Systems.

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DEPENDENCIES AND ASSUMPTIONS:

1. The Customer will obtain any required installation a pproval of the Historical Society or other agencies having jurisdiction over installing/relocating equipment in the Fire Stations. The Customer agrees to pay the permit fees if any.

2. The number of contact closures in a Control Remote will not exceed eight (8). Stations requiring more zones or contact closures will require an additional Control Remote. There is no physical limit to the number of Control Remotes that can be installed in a station. Westnet will not do any high-voltage wiring.

3. Alerting Equipment Tone, Voice or Programming Changes: Any changes in the wording or tones of the voice announcements or reprogramming to any units once the Customer had signed the System Configuration Form may be billable to the Customer.

4. If during the installation process, W estnet suspects or encounters asbestos or other hazards, Westnet will inform the Customer. W estnet will use best efforts to utilize alternate installation methods but will not drill any holes or disturb the asbestos in the related area. W estnet shall have no liability to the Customer, its employees or to any other persons for any asbestos related claims, including, without limitation, removal or cleanup costs, loss of use, lost profits or personal injury or property damages.

5. Westnet will use best efforts to conceal all wiring. However, due to station construction or other installation limitations (i.e. the possibility of asbestos, inaccessibility), certain cables and raceway may need to be surface-mounted or devices relocated to a more practical location. Westnet understands that the term “optimal” is subjective. Although Westnet will attempt to place the equipment in the Customer’s desired locations, Westnet reserves the right to place the equipment in the safest and most beneficial location for system performance

6. Any issue affecting the installation such as corrections or repairs, discrepancies among Customer personnel regarding the placement, mounting methods or other installation matters, must be resolved within twenty-four (24) hours while Westnet personnel is on-site. If such resolution does not occur, Westnet may bill the Customer and customer agrees to pay for any standby time until such discrepancy is resolved.

EXCLUSIONS:

Unless specifically stated otherwise, the following items are excluded from the goods and services to be provided by Westnet:

1. Any equipment not listed in the Contract Deliverables Schedule (Exhibit C), including, but not limited to, access doors and hatches.

2. Spare/loaner equipment unless an on-site warranty is purchased.

3. Westnet does not warranty equipment provided under this Statement of Work should a party other than Westnet or Westnet’s installation subcontractor or Westnet trained installer install or integrate any non-Westnet equipment into the alerting or dispatch systems. An exception to this is the CAD interface and Customer’s radio system.

4. Westnet and/or any Westnet-supplied equipment will not make a recommendation as to which apparatus or personnel assigned to an emergency call. Rather, Dispatch personnel, the CAD and/or any other Customer mechanism are responsible for equipment and personnel assignment.

5. The Customer will be notified of any non-functioning Customer equipment. Westnet's proposal does not include repair or replacement of any Customer -owned systems. If a station’s public address, lighting, or any other existing systems to be tied into the alerting system are not functioning properly, the Customer will need to repair those items.

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6. Westnet's pricing does not include any new circuits, breakers or upgrades to the electrical system or wiring to the emergency panel or generator.

7. Aesthetic restoration of installation areas (e.g. color/texture matching), of ceilings, walls, or conduit runs, beyond what Westnet determines is commercially viable.

8. Taxes and Permit Fees: Unless specifically included in Exhibit C, the Contract Price excludes federal, state, or local sales, use, or other taxes (other than federal, state, and local taxes based on Westnet's income or net worth), all of which will be paid by Customer except as exempt by law. Any increases in any tax rate as listed in the Contract shall be reimbursed by the Customer.

9. The Customer agrees to pay or reimburse Westnet plus overhead for all permit fees, fees by others, time expended in drafting and submittal of permits, and related expenses unless specifically listed and at the amount in Exhibit C. If permits are required, Customer agrees to pay for permit fees (plus overhead or carrying costs), permitting costs, permit expediting fees, as well as additional project management fees.

In witness whereof, the parties hereby agree to this Statement of Work on the dates set forth below.

WESTNET: CUSTOMER:

WESTNET, INC. CITY OF FAIRFIELD, CALIFORNIA

By: ____________________________ By: ______________________________

Name: _________________________ Name: ____________________________

Title: __________________________ Title: _____________________________

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SOW FOR FIRST -IN ALERTING SYSTEM INSTALLATION IMPLEMENTATION AT Fairfield – 2022 Page 6 EXHIBIT A-1

DELIVERY VERIFICATION FORM*

First-In Fire Station Alerting Equipment

The signature below serves as verification that the boxes with equipment listed for Station ______ in Exhibit C were delivered with no apparent damage.

____________________________________ _________________ Customer/City Representative Date

____________________________________
Printed Name & Title

(For partial deliveries, the following form shall be used.)

The signature below serves as verification that the following boxes with equipment listed for Station ______ in Exhibit C were delivered with apparent damage:

1. _______________________ 3. _______________________

2. _______________________ 4. _______________________

____________________________________ _________________ Customer/City Representative Date

____________________________________
Printed Name & Title

* Print and execute one copy of this form for each station .

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INSTALLATION VERIFICATION FORM*

The signature below serves as verification that the Fire Station Alerting Equipment enumerated in Exhibit C, plus or minus the following mutually agreed upon changes, has been installed in a commercially reasonable manner and functions properly in the System Test Mode. Any punch-list items will be resolved prior to final System Acceptance.

A check in this box means that no equipment changes were made, and that the only equipment installed at the Fire Station is that which is listed in Exhibit C.

A check in this box means the following mutually agreed upon changes have been installed.

1. __________________________ 6. __________________________

2. __________________________ 7. __________________________

3. __________________________ 8. __________________________

4. __________________________ 9. __________________________

5. __________________________ 10. _________________________

____________________________________ _________________ Customer/City Representative Date

____________________________________
Printed Name & Title

*Print and execute one copy of this form for each station.

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EXHIBIT B

WESTNET, INC.

STANDARD LIMITED WARRANTY

Westnet, Inc. (“Westnet’) is providing its Standard Limited Warranty (“Limited Warranty”) covering the First - In™ products, parts, components, software and systems purchased by Customer (collectively, the “Product”).

If Westnet, or an authorized Westnet subcontractor performs the installation, such installation service will be deemed to be part of the Product for purposes of this Limited Warranty.

Warranty Commencement Date: When Westnet, or an authorized Westnet subcontractor, installs the Product, this Warranty shall commence upon the (1) first beneficial use of the Product by Customer, or (2) when installation is complete, whichever occurs first. In all other instances, this warranty commences upon delivery. This Limited Warranty is not extended if Westnet repairs or replaces the Product.

Scope of Warranty: Westnet warrants exclusively to Customer that the Product will be free from defects in material and workmanship for a period of one (1) year from the Warranty Commencement Date. Westnet will perform all warranty work at its service location only, unless Westnet agrees, in its sole discretion, to perform at Customer’s location. Customer's exclusive remedy for any breach of this Limited Warranty will be either (1) the repair or replacement, at Westnet's option, of the non-conforming Product, or (2) at Westnet’s sole discretion, reimburse Customer the purchase price paid by Customer for the Product, provided Customer has returned the Product to Westnet. Repairs may be made with either new or reconditioned components and will be shipped to Customer at the expense of Westnet. Any replaced Product becomes the property of Westnet.

Limitations/Exclusions: This Limited Warranty applies only if Westnet confirms that the alleged defect or non-conformance exists and was not caused by Customer’s or any third person’s misuse, negligence, improper installation or testing, or unauthorized attempts to open, repair or modify the Product, or by accident, fire, water, lightening, power cuts or outages, power or telephone line transients, viruses, other hazards, or acts of God, or by any other cause beyond the range of intended use in accordance with the Product's normal usage and Westnet’s published instructions. This Limited Warranty does not cover the following: (1) Any parts and cabling used in the installation of a Product unless Westnet or an authorized Westnet subcontractor (and not Customer or a third party installation company) performs the complete installation, (2) Physical damage to the surface of the Product after its delivery to Customer, including cracks or scratches on the LCD or outside casing, (3) When the malfunction results from the use of this Product in conjunction with other products, or ancillary or peripheral equipment, and Westnet determines there is no fault with the Product itself, (4) Any defect or malfunction of the Product due to any communications software or device Customer may use with the Product, (5) Any damages to or defects in the delivered Products that are observable in a reasonable visual inspection unless a Claim is made in writing to Westnet within thirty (30) days after the date of delivery. This Limited Warranty does not cover loss or damage of any kind resulting from any delay in delivery.

EXCEPT FOR THIS EXPRESS LIMITED WARRANTY AND WESTNET'S STATUTORY WARRANTY OF

GOOD TITLE, WESTNET MAKES NO WARRANTIES OR REPRESENTATIONS, EITHER EXPRESS OR

IMPLIED, STATUTORY OR OTHERWISE, REGARDING THE PRODUCT COVERED HEREBY, AND

EXPRESSLY DISCLAIMS THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A

PARTICULAR PURPOSE, SATISFACTORY QUALITY, CORRESPONDENCE WITH DESCRIPTION, OR (SUBJECT TO THE INFRINGEMENT PARAGRAPH SET FORTH HEREIN) NONINFRINGEMENT OF PATENTS OR OTHER PROPRIETARY RIGHTS. NO EMPLOYEE, AGENT OR REPRESENTATIVE OF

WESTNET IS AUTHORIZED TO MAKE ANY REPRESENTATION OR WARRANTY ON BEHALF OF WESTNET RELATING TO THE PRODUCTS EXCEPT TO THE EXTENT SPECIFICALLY STATED HEREIN.

WESTNET NEITHER ASSUMES NOR AUTHORIZES ANY OTHER PERSON TO ASSUME FOR IT ANY

OTHER LIABILITY IN CONNECTION WITH THE SALE, INSTALLATION, MAINTENANCE OR USE OF THE PRODUCTS.

Warranty Claims: In order to make a Claim under this Limited Warranty, Customer must first notify Westnet in writing not more than one (1) year after the Warranty Commencement Date. Notice must be sent to:

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SOW FOR FIRST -IN ALERTING SYSTEM INSTALLATION IMPLEMENTATION AT Fairfield – 2022 Page 9 or can be faxed to (714) 901-5610. Inquiries regarding this Limited Warranty can also be directed by phone to (714) 548-3500.

Upon receipt of written notice, Westnet will first, at its option and expense, inspect the Product in its installed location. Unless otherwise waived by Westnet in writing, Customer must return the alleged non -conforming Product to Westnet’s designated service center. Customer shall be responsible for all expenses associated with the transportation to/from Westnet’s designated service center. Westnet shall not be liable for any damage incurred in the transportation of Product to/from Westnet’s designated service center.

LIMITATION OF LIABILITY: IN NO EVENT SHALL WESTNET, ITS OFFICERS, DIRECTORS, EMPLOYEES,

AGENTS OR SUBCONTRACTORS, BE LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR ANY

INCIDENTAL, SPECIAL, INDIRECT, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF USE, LOSS OF DATA OR LOSS OF GOODWILL) COST OF CAPITOL OR COST OF COVER ARISING OUT OF OR RELATING TO CUSTOMER’S SELECTION,

ORDERING, DELIVERY, PURCHASE, USE, RESALE OR DISTRIBUTION OF THE PRODUCT, EVEN IF WESTNET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

AGGREGATE LIABILITY: TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE

TOTAL AGGREGATE LIABILITY OF WESTNET, ITS OFFICERS, DIRECTORS, SHAREHOLDERS,

EMPLOYEES, AGENTS, OR SUBCONTRACTORS, ARISING FROM, RELATING TO, OR CONNECTED WITH THE PRODUCT, EXCEED THE PURCHASE PRICE OF THE PRODUCT. IT IS INTENDED THAT THIS

LIMITATION WILL APPLY TO ANY AND ALL LIABILITY OR CAUSE OF ACTION, EXCEPT FOR THAT

PROVIDED FOR IN THE INFRINGEMENT PARAGRAPH SET FORTH HEREIN , HOWEVER ALLEGED OR ARISING.

INFRINGEMENT. Westnet agrees to defend Customer and to pay (1) any damages award issued by a court of competent jurisdiction against Customer, and (2) direct expenses, including reasonable attorneys' fees (but excluding any lost revenues, lost profits or other consequential economic damages of Customer) as a result of any action brought against Customer, if and to the extent the action is based on a valid claim that any Product purchased by Customer under this Agreement infringes another person's U.S. patent, copyright, trade secret or trademark. Westnet will not have liability for, and Customer will defend Westnet against, and pay any damages awarded against Westnet and direct expenses, including reasonable attorneys' fees (but excluding any lost revenues, lost profits or other consequential economic damages of Westnet) to the extent the claimed infringement is based on or results in any material part from (a) any use of the Product other than in accordance with Westnet’s published instructions, (b) any unauthorized modification or alteration of the Product, (c) any combination or use of the Product with any other product or system or technologies not supplied by Westnet; (d) Westnet's compliance with Customer's design or specifications, or (d) any refusal to accept or use suitable modified or replacement Products provided by Westnet to avoid infringement.

Westnet's obligations under this paragraph will be conditioned upon Customer promptly notifying Westnet in writing of the existence of any such claim, giving Westnet full authority to conduct the defense and settlement of the claim, at Westnet's expense and with counsel of Westnet's selection, and cooperating fully with Westnet and such counsel.

This Limited Warranty will be governed by the laws of the State of California, U.S.A., excluding their conflicts of laws principles. The United Nations Convention of Contracts for the International Sale of Goods is hereby excluded in its entirety from application to this Limited Warranty.

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EXHIBIT C

CONTRACT PRICE AND DELIVERABLES

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EXHIBIT D

WESTNET PAYMENT SCHEDULE

Summary of Project Costs

Description Total Project
Fairfield Fire Department FIRST-IN ALERTING
SYSTEM INSTALLATION $1,258,885.17

PROJECT MILESTONE EXHIBIT PROJECT COST % INVOICE
AMOUNT
1 Preproduction/Contract Signature n/a 20% $251,777.03
2 Due Upon Delivery

Exhibit A-1

35%
$440,609.81
3 Due Upon Installation

Exhibit A-2
40%
$503,554.07
4 Due Upon Final Acceptance

Exhibit F

5%
$62,944.26
Total Amount: $1,258,885.17

If payment is not received within forty-five (45) days from the date of invoice, a late fee of one and a half percent (1.5%) per month of the unpaid balance will be charged and immediately due.

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EXHIBIT E

ACCEPTANCE TEST PLAN

OBJECTIVE: The purpose of completing this Acceptance Test Plan is to achieve “System Acceptance” by demonstrating to the Customer that the installed fire station alerting system (“System”) equipment is operational and properly performs the function specified herein. Upon successful execution of this ATP, the System will have achieved “System Acceptance”. Minor omissions or variances in the System that do not materially impair the operation of the System as a whole will not postpone System Acceptance, but shall be corrected according to a mutually agreed upon schedule. In the event that a part of the System does not pass the ATP, the System will be re-tested when Westnet determines that a corrective action has been taken to ensure proper operation. Final System Acceptance will occur after System Acceptance and when all deliverables and other work have been completed. When Final System Acceptance occurs, the parties will promptly memorialize this final event by so indicating on the Final System Acceptance Certificate.

SCOPE: The scope of this ATP is limited to the System supplied by Westnet, Inc. It does not include any other equipment or systems upon which the alerting system, once in use, relies for proper activation and function (i.e. the Customer’s CAD, radio, network and/or electrical systems). The failure or unavailability of these other systems during the ATP shall not affect the outcome of this ATP, nor shall it affect the System Acceptance and subsequent Final System Acceptance of the System.

TEST SCHEDULE: Westnet and the Customer will conduct the ATP at a mutually agreed-upon time and date once Westnet informs the Customer that the System is ready for acceptance testing.

FIRE STATION METHODOLOGY: The ATP will test devices that, operationally, are activated by Dispatch, as well as devices that are not activated by Dispatch, but rather the fire station crew.

1. Data / Network Activation Operation - This section tests/simulates a test of a network -based alert of the station from Dispatch. Data sequences assigned to the fire station zones shall be applied to the Ethernet port of the Master Control Unit using the Alerting Platform or a computer equipped with the First-In API. The alerting response from the alerting system shall announce the specific unit(s) associated with the alerted and audio distribution shall activate all areas associated with the zone alerted. Once the zone is activated, the pre-announcement will announce the units alerted, nature of the call, and other preannouncement information detailed in t he ZIR signoff sheet. After the preannouncement is complete, the dispatch audio will be heard throughout the station speakers.

2. Radio Activation Operation – This section tests a radio-activated alert of the station from Dispatch, more specifically the Radio Interface Controller (RIC)'s activation of a station's Master Control Unit (MCU). This test will utilize First-In RIC’s alert signaling on the customer’s radio system

A. Test of All-Call. This test will activate the "All-Call" zone in every station. Successful performance of this test requires All-Call activation from the Alerting Platform User Application, as well as All-Call activation from the manual RIC keypad. Once the zon e is activated, the pre-announcement will announce the All-Call message and the dispatch audio is heard throughout the station speakers.

Pass
N/A
Fail

Notes:

Pass
N/A
Fail

Notes:

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B. Test of Specific Zones in a Designated Station. This test will activate a specific zone (i.e.

Engine) in a Designated Station. Step 1 of this test requires the proper station to be activated both from the Alerting Platform User Application, as well as the manual RIC keypad. Step 2 of this test requires that the specific zone selected be activated. Once the zone is activated, the pre-announcement will announce unit(s) assigned to the call and the dispatch audio is heard throughout the station speakers.

3. Turnout Timer Operation - This section tests the activation of the Turnout Timer(s). Upon activation of the Master Control Unit, the Timer(s) will begin to count up on a per -second basis. The Timer(s) will continue to count up and will automatically shut down when the Master Control Unit send the shutdown command to the station.

4. Automatic Backup Alerting - This section tests the automatic failover from the IP system to the RIC for a radio based alert. The RIC shall automatically be activated from the First-In Alerting Platform (FiAP) as soon as the FiAP detects that the primary alert was not successful. Without any action required on the part of the dispatcher, the RIC will send the alert to the proper station and units assigned to the call.

5. Manual Backup Alerting - Using the manual keypad of the RIC, the Customer selects the station and units to activate in the selected fire station. The station MCU activates the appropriate station and unit(s).

____________________________________ _________________ Customer Representative Date

____________________________________
Printed Name & Title
Pass
N/A
Fail

Notes:

Pass
N/A
Fail

Notes:

Pass
N/A
Fail

Notes:

Pass
N/A
Fail

Notes:

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EXHIBIT F

FINAL SYSTEM ACCEPTANCE CERTIFICATE

The signature below serves as verification that the System has passed Acceptance Test Plan and that all deliverables and work have been completed.

____________________________________ _________________ Customer/City Representative Date

____________________________________
Printed Name & Title

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35 glh & RM (05-16 rev)

EXHIBIT G

MAINTENANCE AND SUPPORT

STATEMENT OF WORK

1. SCOPE OF SERVICES

Westnet will provide comprehensive turnkey maintenance and support services for the installed First-In Fire Station Alerting System, ensuring all components are operating at peak performance in accordance with factory specifications in effect at the time the equipment was purchased. The Services to be provided under this AGREEMENT include the following:
• One year, 24/7 toll-free technical support
• Repair and/or replacement of malfunctioning units (except UPS) • Spare equipment delivered the next business day (and Saturdays where available) • Remote diagnostic analysis and uploads, standard release software upgrades

2. RESPONSE TIMES

Response times shall be determined in accordance with the Priority Level and Descriptions set forth in the following table where applicable. The response time shall commence from the time the Customer requests service or notifies Westnet of problems with the System by contacting Westnet’s Call Center (“Notification”). Issue resolution may include phone support, VPN remote access, or on-site service (for issues not resolved via phone support or remote access). On-site times are calculated by after remote attempts to correct the issue are deemed unsuccessful or unavailable by Westnet. Lack of or unavailability of a Customer-supplied VPN connection to any station or the dispatch center shall be considered the Customer’s waiver of any response time obligation for that particular issue.

Westnet Technical Support: (800) 807-1700
Office Hours: 8:00 – 5:00 PST, Monday – Friday

Priority
Levels Hours / Days Description
1 24/7/365
Including
Holidays

3-6 Hour
Response
This priority level represents a significant issue that results in the inability to use the dispatching and/or alerting systems.

• Any reported trouble with Westnet-supplied Dispatch (System) Project Equipment.
• Station reports that it is not receiving any form of an alert or there is no audio in any areas of the fire station.
• Other failures that render the fire station MCU and more than five audio transmitting devices unusable.
2 8:00 – 5:00
PST, Monday –
Friday

2-Business-
Day Response
This priority level represents a moderate issue that restricts normal use of the dispatching and/or alerting systems.

• Any non-essential Dispatch Project or Fire Station device reported inoperable. • Reports of receiving other stations’ or companies’ alerts. • Requests to increase fire station volume levels within fire department- approved parameters.

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36 glh & RM (05-16 rev) 3 8:00 – 5:00
PST, Monday –
Friday

3-Business-
Day Response
This priority level represents minor or non-emergency issues that do not restrict normal use of the dispatching and/or station alerting systems.

• Requests to decrease volume levels within fire department-approved Parameters.
• Add additional equipment, request programming, or voice-chip changes • Requests for additional training.
• Other non mission-critical matters in the dispatch centers or fire stations.

3. WESTNET’S RESPONSIBILITIES

Westnet shall:

A. Provide Westnet-owned spare equipment while a System component is returned to Westnet for repair or replacement.

1. Any Westnet-owned spare equipment parts provided under this AGREEMENT are the property of Westnet. Any damage to Westnet’s spare equipment parts is not covered under this Scope of Services and the Customer shall pay for the repair or replacement of the spare equipment parts.

2. Westnet may service replaceable parts, by way of new or remanufactured replacement parts to Customer on an exchange basis. Upon receipt by the Customer of the replacement part, the original part becomes the property of Westnet, and shall be returned by Customer to Westnet. The Customer shall pay Westnet the full retail value of the replacement part if Westnet provides notice to the Customer to return the original part and Westnet does not receive the original part within thirty (30) days after replacement part installation.

B. Upon request, Westnet shall provide a written quote for additional work not specifically identified in this Agreement. Such work could include, but is not limited to, additions and installation of new equipment, relocation of existing equipment, upgrades (not part of Westnet standard releases) and enhancements, and other system related goods and services. If the Customer decides to proceed with the work, a new purchase order will be issued exclusively for the work to be ordered.

4. CUSTOMER’S RESPONSIBILITIES

The Customer shall at all times or upon request:

A. Make no modifications to the System without obtaining approval from Westnet in writing.

B. Notify Westnet of any problems with the System by calling the Westnet Systems Group at 1 -800-807- 1700 (Westnet’s call center).

C. Provide and maintain an operating 24/7 VPN with IP access to the stations for the duration of the AGREEMENT. The VPN shall allow Westnet to connect to all fire stations that are equipped with the First-In Fire Station Alerting (First-In) equipment. The VPN must be operating and the Customer must allow Westnet to test the VPN prior to the commencement of this AGREEMENT.

D. Ensure that the Westnet monitor computer in the Dispatch Center (if provided) has 24/7 access to the VPN and to all Customer fire stations. The Customer will return the Westnet monitor computer to Westnet at the conclusion of this AGREEMENT and any additional extensions.

E. Provide the make and model number of the fire station radio the System is connected to for the source of dispatch audio. If there are any connections to this radio other than the outside antenna and the power source, the Customer will provide a diagram showing the method of connection, connector pins used, signals obtained from the radio and signals sent to the radio by the fire station equipment.

F. Provide the name, 24-hour telephone number and position of responsible party that can be contacted about each station’s radio communication, public address, CAD, and network equipment.

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37 glh & RM (05-16 rev)

G. Provide Westnet with either code-access to the stations or an escort that is available 24/7 and within one (1) hour of notice of an on-site visit. If training, badges or background checks are required any time during the term, Customer agrees to pay for such costs.

H. If applicable, provide the make and model number of fire station amplifier, type of connectors used by fire alerting input, input impedance and the necessary audio level to drive station amplifier.

I. Provide a description of station control circuits (e.g., lighting, door openers, gas shut-off) and the number of circuits to be controlled by the Control Remote.

J. Ensure that the MCU at each station is at all times plugged into the Westnet supplied on -line fulltime UPS.

K. Ensure that the MCU at each station is at all times plugged into the First-In Radio Isolation Unit. Westnet will exclude from this AGREEMENT the repair of any equipment not properly connected to the Radio Isolation Unit.

L. Ensure that the radio antenna and lightning arrestor is installed, is installed per current engineering standards and that all lightning protection equipment is connected to a 5 -ohm earth ground by a #6 or larger cable not exceeding eight (8) feet in lengt h between the 5-ohm earth ground and the protected equipment.

M. Notify Westnet prior to making any change in any equipment connected to the fire station System.

END OF WESTNET SOW EXHIBIT B-1
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38 glh & RM (05-16 rev) EXHIBIT 3

SCHEDULE OF PERFORMANCE

Work shall commence immediately upon execution of this AGREEMENT and shall be performed in accordance with the schedule set forth below. The time for completion is March 30,2023 Time is of the essence in this AGREEMENT.

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39 glh & RM (05-16 rev) EXHIBIT 4

COMPENSATION

CITY agrees to compensate CONTRACTOR ONE MILLION TWO HUNDRED FIFTY EIGHT THOUSAND EIGHT HUNDRED EIGHTY FIVE DOLLARS AND SEVENTEEN CENTS ($1,258,885.17) for professional services performed in accordance with the terms and conditions of this AGREEMENT including the itemized list and payment schedule set forth in Exhibit D of CONTRACTOR’s Proposal, incorporated in Exhibit 2-1 of this AGREEMENT.

The maximum amount of compensation to be paid to CONTRACTOR under this AGREEMENT, including both payment for professional services and reimbursable expenses, shall not exceed ONE MILLION TWO

HUNDRED FIFTY EIGHT THOUSAND EIGHT HUNDRED EIGHTY FIVE DOLLARS AND SEVENTEEN CENTS ($1,258,885.17) . CONTRACTOR shall not be entitled to any additional compensation unless CITY, after receiving written notice from CONTRACTOR, approves in writing such additional compensation.

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40 glh & RM (05-16 rev) EXHIBIT 5

INSURANCE
In all instances where CONTRACTOR or its representatives will provide construction services to CITY, it shall be a requirement under this AGREEMENT that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be available to the CITY as Additional Insured. Furthermore, the requirements for coverage and limits shall be (1) the minimum coverage and limits specified in this AGREEMENT; or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named Insured; whichever is greater. No representation is made that the minimum insurance requirements of this AGREEMENT are sufficient to cover the obligations of the CONTRACTOR under this agreement.

CONTRACTOR shall procure and maintain insurance against claims for injuries to persons, damage to property or economic losses which may arise from or in connection with the performance of the work hereunder and the results of that work by CONTRACTOR, its agents, representatives, employees or subcontractors.

CONTRACTOR agrees that in the event of loss due to any of the perils for which it has agreed to provide Commercial General and Auto Liability insurance, CONTRACTOR shall look solely to its insurance for recovery.

CONTRACTOR hereby grants to CITY, on behalf of any insurer providing Commercial General and Automobile Liability insurance to either CONTRACTOR or CITY with respect to the services of CONTRACTOR herein, a waiver of any right to subrogation, which any such insurer of said CONTRACTOR may acquire against CITY by virtue of the payment of any loss under such insurance.

Original signed certificates and separate policy endorsements naming the City of Fairfield as Additional Insured for general liability, and a waiver of subrogation for Workers’ Compensation shall be received and approved by CITY before any work may begin. However, failure to do so shall not operate as a waiver of these insurance requirements.

Minimum Scope of Insurance – the following forms shall be provided and coverage shall be at least as broad as the following:

1. Insurance Services Office Commercial General Liability coverage (ISO Occurrence Form CG 0001) including coverage for on-going operations and products and completed operations.

2. Original and separate Additional Insured Endorsements for General Liability On-Going Operations (ISO Form CG 20 10 or ISO Form CG20 38).

3. Original and separate Additional Insured Endorsement for General Liability Completed Operations (ISO Form CG 20 37).

4. Original and separate endorsement for Primary and Non-Contributory insurance coverage (ISO Form CG 20 01).

5. Insurance Services Office Automobile Liability coverage (ISO Form CA 0001, Code 1, Any Auto).

6. Workers’ Compensation Insurance as required by the State of California including Employer’s Liability coverage.

7. Original and separate Waiver of Subrogation for Workers’ Compensation Insurance.

8. Builder’s Risk/Course of Construction insurance covering all risks of loss less policy exclusions when CITY has a financial interest n the property. (Only required for construction contracts involving property.)

9. Contractor’s Pollution Liability (if applicable) for construction contracts.

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41 glh & RM (05-16 rev) Required Coverage Minimum Limits
General Liability
(primary and excess limits
combined)

Minimum coverage $2,000,000 per occurrence and $4,000,000 aggregate.

Includes coverage for bodily injury, personal injury, property damage and products and completed operations. The policy shall not exclude coverage for XCU perils (explosion, collapse, or damage to underground property). If the policy includes a general aggregate, either the general aggregate shall apply separately to this project, service or location or the minimum required aggregate limit shall be twice the per occurrence limit.

Policy shall be endorsed to name the City of Fairfield as Additional Insured per the conditions detailed below.

Automobile Liability

$2,000,000 per occurrence for bodily injury and property damage.

Workers’ Compensation and
Employers’ Liability

Statutory limits as required by the State of California including $1,000,000 Employers’ Liability per accident, per employee for bodily injury or disease. If CONTRACTOR is self-insured, provide a certificate of Permission to Self-Insure, signed by the California Department of Industrial Relations and Self-Insurance.

Builders’ Risk/Course of
Construction – Covers property
under construction, repair or
renovation as well as
equipment and materials to be
installed.

(Only required for Construction
Projects involving property and
equipment installation.)

Coverage shall include all risks of direct physical loss, excluding earthquake, for an amount equal to the full completed value of the covered structure or replacement value of alterations or additions, including soft costs and business interruption.

If the project does not involve new or major reconstruction, an Installation Floater may be acceptable. For such projects, a property installation floater shall be obtained that provides for the improvement, remodel, modification, alteration, conversion or adjustment to existing buildings, structures, processes, machinery and equipment. The Property Installation Floater shall provide property damage coverage for any building, structure, machinery or equipment damaged, impaired, broken or destroyed during the performance of the services performed or provided hereunder, including during transit, installation and testing at CITY’s site.

The City of Fairfield shall be named as loss payee as its interest may appear. The insurer shall waive all rights against CITY.

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Contractor’s Pollution Liability
(if applicable)
Protects against:
unexpected/unintended release
of pollution resulting from
CONTRACTOR’S covered
operations such as:

HVAC, paving, carpentry,
pipeline and tank installation,
drillers, remediation
contractors, maintenance,
mechanical, demolition,
excavation, grading, street/road
construction, residential and
commercial builders.

Same limits as General Liability above.

Required Policy Conditions
Additional Insured
Endorsement - On-Going
Operations

Applicable to General Liability.

The City of Fairfield, its officers, officials, employees, agents and volunteers are to be named as Additional Insured for all liability arising out of, or in any way caused, in whole or in part, actively or passively, by the named insured in the performance of this AGREEMENT. All coverage available to the named insured shall also be available and applicable to the CITY as Additional Insured Additional Insured On-Going Operations Coverage shall be at least as broad as ISO Form CG 20 10 04 13 or ISO Form CG 20 38 04 13.

Additional Insured
Endorsement - Completed
Operations
Applicable to General Liability.

CONTRACTOR shall maintain insurance as required by this AGREEMENT for a minimum of five years following the completion of this project. In the event CONTRACTOR fails to obtain or maintain completed operations coverage as required by this AGREEMENT, CITY at its sole discretion may purchase the coverage required and the cost will be paid by contractor.

Additional Insured Completed Operations coverage shall be at least as broad as ISO Form CG 20 37 04 13.

Primary and Noncontributory
Endorsement
The Additional Insured coverage under the CONTRACTOR’s policy shall be Primary and Noncontributory and will not seek contribution from the CITY’s insurance or self-insurance and shall be at least as broad as ISO Form CG 20 01 04 13.

A. M. Best Rating A-: VII or better. If the A.M. Best Rating falls below the required rating, CONTRACTOR must replace coverage immediately and provide prompt notice to CITY.

Waiver of Subrogation
Endorsement
CONTRACTOR’s insurer will provide a Waiver of Subrogation endorsement in favor of CITY for Workers Compensation coverage during the life of this AGREEMENT.

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43 glh & RM (05-16 rev) Deductibles and Self-Insured
Retentions

1. All deductibles and self-insured retentions (SIR) greater than $50,000 must be disclosed to and approved by CITY’s Risk Management and shall not reduce the limits of liability.

2. Policies containing any SIR provision shall provide or be endorsed to provide that the SIR may be satisfied by either the named Insured or the City.

3. At the option of CITY either the insurer shall reduce or eliminate such deductibles or SIR as respects CITY; or CONTRACTOR shall procure a financial guarantee in an amount equal to the deductible or SIR guaranteeing payment of losses and related investigations, claims administration and defense expenses.

Loss Payable Endorsement
(only required when Builder’s
Risk and/or Course of
Construction Insurance is
required.)
Applicable to Builder’s Risk/Course of Construction naming the City of Fairfield as Loss Payee.

SURETY BONDS
(If a Public Works/Engineering
Project)
CONTRACTOR shall provide:

1. No Bid Bond required

2. A Performance Bond

3. A Payment Bond

Umbrella/Excess Liability Policies
The limits of insurance required in this AGREEMENT may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall be at least as broad as specified for the underlying coverages and cover those insured in the underlying policies. Any umbrella or excess insurance shall also apply on a Primary and Noncontributory basis for the benefit of the CITY before the CITY’s own insurance or self-insurance shall be called upon to protect it as a named insured.

Claims-Made Policies
If any insurance policy is written on a claims-made form, the following conditions apply: 1) the retroactive date must be shown and must be before the date of this AGREEMENT, 2) the insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work, and 3) if coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the effective date of this AGREEMENT, CONTRACTOR must purchase an extended period coverage for a minimum of five (5) years after completion of contract work.

Subcontractors
CONTRACTOR shall include the following language in their agreement with subcontractors: “Subcontractor agrees to be bound to the general contractor and the City of Fairfield in the same manner and to the same extent as the general contractor is bound to City of Fairfield under the Contract Documents. Subcontractor further agrees to include the same indemnity and insurance provisions contained in the City Contract Document, to the extent they apply to the scope of the sub-subcontractor’s work. A copy of the CITY Contract Document indemnity and insurance provisions will be furnished to subcontractor upon request.”

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44 glh & RM (05-16 rev) CONTRACTOR is responsible for verifying subcontractors’ insurance policies and endorsements. CONTRACTOR agrees to furnish to CITY upon request proof of insurance coverage for CONTRACTOR’s subcontractors.

CONTRACTOR agrees to defend and indemnify CITY for any damage resulting from failure of either CONTRACTOR or any subcontractor to take out or maintain the required insurance policies. The fact that insurance is obtained by CONTRACTOR, and/or CONTRACTOR’s subcontractors, will not be deemed to release or diminish the liability of CONTRACTOR, including, without limitation, liability under the indemnity provisions of this AGREEMENT. Damages recoverable by CITY from CONTRACTOR or any third party will not be limited by the amount of the required insurance coverage.

Verification of Coverage
All original certificates and endorsements shall be received and approved by CITY before work may begin. CITY reserves the right to obtain full certified copy of any insurance policy and endorsements. Failure to exercise this right shall not constitute a waiver of right to exercise later.

Original insurance certificates and required policy endorsements shall be mailed, or delivered to CITY’s Project Manager. Insurance certificates and endorsements may be emailed or faxed to CITY’s Project Manager.

However, CONTRACTOR must mail the original certificates and endorsements to CITY’s Project Manager once emailed or faxed.

CITY’s Project Manager
NAME: Phil Layoso
ADDRESS: Department of Public Works
1000 Webster Street, Fairfield, CA 94533
EMAIL: [email protected]
PHONE: 707-428-7505

Continuous Coverage
CONTRACTOR shall maintain the required insurance for a period of at least one hundred and eighty (180) days (except as required under Claims-Made Policies) after final payment has been made by CITY to CONTRACTOR pursuant to this AGREEMENT. Should CONTRACTOR cease to have insurance as required during this time, all work by CONTRACTOR pursuant to this AGREEMENT shall cease until insurance acceptable to CITY is provided.

Maintenance of proper insurance coverage is a material element of this AGREEMENT. Failure to maintain or renew coverage or to provide evidence of renewal may be treated by CITY as a material breach of this AGREEMENT. In the event that CONTRACTOR fails to comply with CITY’s insurance requirements, CITY may take such action as it deems necessary to protect CITY’s interests. Such action may include but is not limited to termination of this AGREEMENT, withholding of payments, or other actions as CITY deems appropriate.

If services or the scope of work extend beyond the expiration dates of the required insurance policies initially approved by CITY, CONTRACTOR must provide updated certificates and endorsements indicating that the required coverage, terms and conditions are still in place. Renewal certificates and updated endorsements shall be mailed to CITY’s Project Manager.

Consistent with Public Policy
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45 glh & RM (05-16 rev) The insuring provisions, insofar as they may be judged to be against public policy shall be void and unenforceable only to the minimum extent necessary so that the remaining terms and provisio ns herein may be consistent with public policy and thus enforceable.

EXHIBIT 6

SPECIAL PROVISIONS

Check one:

There are no special provisions.

The special provisions to this AGREEMENT are as follows:

1. Prevailing Wage.

Section 1771 of the California Labor Code provides that “not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the public work is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work shall be paid to all workers employed on public works.” Copies of the “General Prevailing Wage Rates” are on file in the office of CITY’s Department of Public Works, which shall be made available for inspection to any interested party on request, which said rates are hereby made a part hereof and incorporated herein by reference as though set forth in full.

Section 1720 of the California Labor Code provides that “public works” includes construction, alteration, demolition, installation, or repair work done under contracts and paid for in whole or in part out of public funds. It is expressly agreed by and between the parties hereto that CONTRACTOR shall pay not less than the general prevailing rate of per diem wages to these and other trades covered under California Labor Code Sections 1720 et seq.

Prevailing Wage Rates can be downloaded from the Department of Industrial Relations website at http://www.dir.ca.gov/DLSR/PWD/index.htm , or purchased from:

Department of Industrial Relations
State of California
Prevailing Wage Rate Unit
P.O. Box 420603
San Francisco, CA 94142
Changes, if any, to the General Prevailing Wage Rates will be available at the same locations.

CONTRACTOR shall also comply with the reporting requirements of California Labor Code Sections 1720 et seq. by preparing a weekly report of all payrolls for all employees performing the above-referenced work and by submitting such weekly report to CITY. Payrolls shall contain the full name, address and social Packet Page 82 of 575Attachment 2 Page 57 of 59

46 glh & RM (05-16 rev) security number of each employee, his/her correct classification, rate of pay, daily and weekly number of hours worked, itemized deductions made and actual wages paid. The employee’s address and social security number need only appear on the first payroll on which the employee’s name appears. The payroll shall be accompanied by a “Statement of Compliance” signed by CONTRACTOR or his/her authorized agent indicating that the payrolls are correct and complete and that the wage rates contained therein are not less than those required by this AGREEMENT. The “Statement of Compliance” shall be on forms furnished by CITY or on any form with identical wording. CONTRACTOR shall also be responsible for submitting the weekly report(s) of all payrolls of any and all subcontractors.

2. Safety & Health
CONTRACTOR’s Responsibility – CONTRACTOR shall be solely responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the services and work to be provided hereunder. CONTRACTOR shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to:
i) All persons at the site(s) and other persons and organizations who may be affected thereby; ii) All the work and materials and equipment to be incorporated therein, whether in storage on or off the site(s); and
iii) Other property at the site(s) or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, and utilities not designated for removal, relocation, or replacement in the course of the work.

3. A Limited Notice To Proceed (LNTB) for Dispatch, Station 39 and Station 39 annex will be October 3, 2022 with work complete by November 10th, 2022, subject to the City completing all City contractual requirements and Westnet Requests for Information by October 20, 2022. Station 39 annex activation of the Westnet alerting system with limited work performed by Westnet in the City Dispatch Center.

4. A Notice to Proceed (NTP) for the remain stations and Dispatch Center systems will be December 1, 2022 with work completed by March 30, 2023, subject the City completing all City contractual requirements before December 1, 2022.

5. Westnet shall provide for each station “Site Ready Check List” for City’s review and performance requirements prior to Westnet mobilizing on site. Site Ready Check List to be provided to the City 30 days in advance of any work.

6. Westnet shall provide materials and catalog cuts of all equipment utilized on this project. Information to be submitted in three (3) three ring binders and electronic flash drives.

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47 glh & RM (05-16 rev)

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Agenda Item No: 5.

AGENDA REPORT
DATE:October 18, 2022
TO:Mayor and City Council
FROM:David Gassaway, Interim City Manager
SUBJECT:Resolution 2022272 of the City Council of the City of Fairfield Authorizing the Filing of a Claim with the Metropolitan Transportation Commission (MTC) for Allocation of Transportation Development Act (TDA) and State Transit Assistance Funds (STAF) for Fiscal Year 20222023
RECOMMENDED ACTION
Adopt resolution.

STATEMENT OF ISSUE
The City of Fairfield is an eligible claimant for Transportation Development Act (TDA) and State Transit Assistance (STAF) funds through the Metropolitan Transportation Commission (MTC). These funds are necessary to operate transit services in Fairfield. Adoption of this resolution will enable the City to file a claim with the MTC to receive up to $4,970,263 in sales tax revenues earmarked for local and commuter transit services for fiscal year (FY) 20222023.

DISCUSSION
Local and regional funding of Fairfield and Suisun Transit (FAST) comes from several sources. The State TDA provides for the collection of a 1/4 cent of the general sales tax to fund transportation services and capital improvements. The sales taxes are collected by the State and returned to the cities and counties based upon population. TDA also provides cities with STAF that is distributed based upon sales taxes collected from the purchase of diesel fuel. To receive its share of TDA and STAF revenue, the City of Fairfield must submit an annual claim to the MTC as they are the agency responsible for the distribution of these funds. The claim is based upon the current annual operating budget for the FAST system.

The City will receive up to $4,970,263 under the FY 20222023 claim. Approximately $3,707,395 of these funds will be used for the operation of fixed route services (commuter and local), and approximately $1,262,868 for paratransit services (DART, Reduced Fare Taxi, and Intercity Taxi programs).

The breakdown of funds Fairfield will receive through this claim is:

TDA OperationsFairfield $4,262,868
Packet Page 85 of 575

Agenda Item No: 5.AGENDA REPORTDATE:October 18, 2022 TO:Mayor and City CouncilFROM:David Gassaway, Interim City ManagerSUBJECT:Resolution 2022272 of the City Council of the City of Fairfield Authorizing the Filing ofa Claim with the Metropolitan Transportation Commission (MTC) for Allocation ofTransportation Development Act (TDA) and State Transit Assistance Funds (STAF) forFiscal Year 20222023RECOMMENDED ACTIONAdopt resolution.STATEMENT OF ISSUEThe City of Fairfield is an eligible claimant for Transportation Development Act (TDA) and State TransitAssistance (STAF) funds through the Metropolitan Transportation Commission (MTC). These funds arenecessary to operate transit services in Fairfield. Adoption of this resolution will enable the City to file aclaim with the MTC to receive up to $4,970,263 in sales tax revenues earmarked for local andcommuter transit services for fiscal year (FY) 20222023.DISCUSSIONLocal and regional funding of Fairfield and Suisun Transit (FAST) comes from several sources. TheState TDA provides for the collection of a 1/4 cent of the general sales tax to fund transportationservices and capital improvements. The sales taxes are collected by the State and returned to the citiesand counties based upon population. TDA also provides cities with STAF that is distributed based uponsales taxes collected from the purchase of diesel fuel. To receive its share of TDA and STAF revenue,the City of Fairfield must submit an annual claim to the MTC as they are the agency responsible for thedistribution of these funds. The claim is based upon the current annual operating budget for the FASTsystem. The City will receive up to $4,970,263 under the FY 20222023 claim. Approximately $3,707,395 ofthese funds will be used for the operation of fixed route services (commuter and local), andapproximately $1,262,868 for paratransit services (DART, Reduced Fare Taxi, and Intercity Taxiprograms).

The breakdown of funds Fairfield will receive through this claim is:

TDA OperationsFairfield $4,262,868
TDA OperationsVacaville $ 54,005
State Transit Assistance Operations $ 653,390
Total of Claim $4,970,263
TDA funds totaling $54,005 from the City of Vacaville are being claimed for their annual contribution to the maintenance costs associated with the FairfieldVacaville Hannigan Train Station. STAF revenues totaling $441,891 will come from funds allocated by the Solano Transportation Authority (STA) for commuter services FAST provided on the Blue Line from July 1August 6, 2022, before these services were transferred to Solano County Transit. FAST will also claim STAF for local service totaling $211,499.

FAST will not be claiming for capital funds as FAST has sufficient prior year TDA allocations to cover capital costs incurred during FY 20222023.

FINANCIAL IMPACT
The City anticipates receiving up to a total of $4,970,263 in funding to support transit services from TDA and STAF sources. These funds have been included in the budget for FAST.

PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
N/A
ALTERNATIVE ACTION
TDA and STAF are the largest revenue sources for FAST. Should the City choose against filing this claim, MTC will not release these fund sources to the City for financing its FY 20222023 operating expenses. If this occurs, the City will need to either reduce or eliminate service or identify other funding sources to provide for its FY 20222023 operating needs.

STAFF CONTACT
Diane Feinstein, Transportation Manager
(707) 4343808
[email protected]
COORDINATED WITH
City Attorney's Office, Community Development Department, City of Vacaville, and Solano Transportation Authority
ATTACHMENTS:

Description
Proposed Resolution
REVIEWERS:

Reviewer Action Date
Feinstein, Diane Approved 10/3/2022 4:50 PM
Kaushal, Paul Approved 10/3/2022 8:01 PM
Beavers, Esther Approved 10/3/2022 8:26 PM
Beavers, Esther Approved 10/3/2022 8:27 PM
Packet Page 86 of 575

CITY OF FAIRFIELD

RESOLUTION NO. 2022-272

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAIRFIELD AUTHORIZING THE FILING OF A

CLAIM WITH THE METROPOLITAN TRANSPORTATION COMMISSION (MTC) FOR ALLOCATION

OF TRANSPORTATION DEVELOPMENT ACT (TDA) AND STATE TRANSIT ASSISTANCE FUNDS (STAF) FOR FISCAL YEAR 2022-2023

WHEREAS, the Transportation Development Act (TDA) (Public Utility Code 99200 et seq.) provides for the disbursement of funds from the Local Transportation Funds of the County of Solano for use by eligible claimants for the purpose of transit and/or streets and roads; and

WHEREAS, pursuant to the provisions of the TDA, and pursuant to the applicable rules and regulations thereunder (21 Cal. Adm. Code 6600 et seq.), a prospective claimant wishing to receive an allocation from the Local Transportation Fund shall file its claim with the Metropolitan Transportation Commission (MTC); and

WHEREAS, the City of Fairfield is an eligible claimant for TDA and State Transit Assistance Funds (STAF) pursuant to PUC Sections 99260, 99400, and 99310 as attested by the city’s opinion of counsel; and

WHEREAS, TDA and STAF funds will be claimed in fiscal year (FY) 2022-2023 for transit and/or streets and roads.

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

Section 1. The city manager or his designee is hereby authorized to execute and file a combined TDA and STAF claim together with all necessary supporting documents, with the MTC for allocation and/or disbursement of TDA and STAF funds for FY 2022-2023.

Section 2. A certified copy of this resolution will be transmitted to the MTC in conjunction with the filing of the claim, and the MTC will be requested to grant the allocations of funds as specified herein.

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RES. NO. 2022-272

Page 2 ends

PASSED AND ADOPTED this 18th day of October, 2022, by the following vote:

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

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

MAYOR

ATTEST:

____________________________

CITY CLERK
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Agenda Item No: 6.

AGENDA REPORT
DATE:October 18, 2022
TO:Mayor and City Council
FROM:David Gassaway, Interim City Manager
SUBJECT:Resolution 2022273 of the City Council of the City of Fairfield Approving Amendment No. 2 to the Consultant Services Agreement Between the City of Fairfield and Karen Kramer Workplace Investigations
RECOMMENDED ACTION
Adopt resolution.

STATEMENT OF ISSUE
The City of Fairfield would like to amend its current agreement with Karen Kramer Workplace Investigations for asneeded legal and investigation services by increasing the nottoexceed amount.

DISCUSSION
Karen Kramer Workplace Investigations is one of several consultants that the Human Resources Department utilizes for asneeded legal and investigation services. Karen Kramer is an employment law attorney specializing in workplace investigations and has conducted hundreds of investigations for public agencies involving allegations of discrimination, harassment/retaliation, and misconduct/disciplinary matters. The Human Resources Department often requires these types of services and depends heavily on Kramer Workplace Investigations who provides thorough investigations and detailed, accurate reports.

The City of Fairfield entered into a twoyear agreement with Karen Kramer Workplace Investigations on August 11, 2021, with an ending date of July 31, 2023, and a nottoexceed amount of $50,000. On May 3, 2022, Amendment No. 1 increased the nottoexceed amount from $50,000 to $100,000. As the need for these services continue, the Human Resources Department requests approval of Amendment No. 2 to increase the nottoexceed amount by an additional $100,000 to $200,000 as the current not toexceed amount of $100,000 has been reached.

FINANCIAL IMPACT
The amount of the proposed amendment is $100,000. The funds for this amendment are accounted for in the General Fund (Fund 101, Organization Code 15100) for fiscal year 20222023.

PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
Packet Page 89 of 575

Agenda Item No: 6.AGENDA REPORTDATE:October 18, 2022 TO:Mayor and City CouncilFROM:David Gassaway, Interim City ManagerSUBJECT:Resolution 2022273 of the City Council of the City of Fairfield Approving AmendmentNo. 2 to the Consultant Services Agreement Between the City of Fairfield and KarenKramer Workplace InvestigationsRECOMMENDED ACTIONAdopt resolution.STATEMENT OF ISSUEThe City of Fairfield would like to amend its current agreement with Karen Kramer WorkplaceInvestigations for asneeded legal and investigation services by increasing the nottoexceed amount.DISCUSSIONKaren Kramer Workplace Investigations is one of several consultants that the Human ResourcesDepartment utilizes for asneeded legal and investigation services. Karen Kramer is an employmentlaw attorney specializing in workplace investigations and has conducted hundreds of investigations forpublic agencies involving allegations of discrimination, harassment/retaliation, andmisconduct/disciplinary matters. The Human Resources Department often requires these types ofservices and depends heavily on Kramer Workplace Investigations who provides thoroughinvestigations and detailed, accurate reports. The City of Fairfield entered into a twoyear agreement with Karen Kramer Workplace Investigations onAugust 11, 2021, with an ending date of July 31, 2023, and a nottoexceed amount of $50,000. On May3, 2022, Amendment No. 1 increased the nottoexceed amount from $50,000 to $100,000. As theneed for these services continue, the Human Resources Department requests approval of AmendmentNo. 2 to increase the nottoexceed amount by an additional $100,000 to $200,000 as the current nottoexceed amount of $100,000 has been reached.FINANCIAL IMPACTThe amount of the proposed amendment is $100,000. The funds for this amendment are accounted forin the General Fund (Fund 101, Organization Code 15100) for fiscal year 20222023.

PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
N/A
ALTERNATIVE ACTION
Council may choose not to approve the amendment with Karen Kramer Workplace Investigations and direct the Human Resources Department to seek legal and investigation services from another consultant.

STAFF CONTACT
Farbod Pirouzmand, Director of Human Resources
(707) 4287397
[email protected]
COORDINATED WITH
N/A
ATTACHMENTS:

Description
Proposed Resolution
Proposed Amendment No. 2
REVIEWERS:

Reviewer Action Date
Beavers, Esther Approved 10/12/2022 3:23 PM
Packet Page 90 of 575

CITY OF FAIRFIELD

RESOLUTION NO. 2022-273

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAIRFIELD APPROVING AMENDMENT NO. 2 TO THE CONSULTANT SERVICES AGREEMENT BETWEEN

THE CITY OF FAIRFIELD AND KAREN KRAMER WORKPLACE INVESTIGATIONS

WHEREAS, on August 11, 2021, the parties entered into an agreement with an ending date of July 31, 2023, for as-needed legal and investigation services for a total contract price not to exceed $100,000; and

WHEREAS, on May 3, 2022, the parties signed Amendment No. 1 increasing the not-to-exceed amount from $50,000 to $100,000; and

WHEREAS, the current not-to-exceed amount of $100,000 has been reached and additional funds are needed to continue utilizing consultant’s services through the current term date of July 31, 2022.

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

Section 1. The agreement’s not-to-exceed amount will be increased from $100,000 to $200,000.

Section 2. The city manager is authorized to do all things necessary to implement the above- mentioned agreement.

PASSED AND ADOPTED this 18th day of October, 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 91 of 575Attachment 1 Page 1 of 1

AMENDMENT NO. 2
To the Consultant Services Agreement between the
City of Fairfield and Karen Kramer Workplace Investigations

This Amendment No. 2 is made by and entered into as of the ____ day of ________________, 2022, by and between the CITY OF FAIRFIELD, a municipal corporation (hereinafter “CITY”) and KAREN KRAMER WORKPLACE INVESTIGATIONS, a professional corporation (hereinafter “CONSULTANT”) for the purpose of reviewing and updating terms of the CONSULTANT SERVICES AGREEMENT WITH KAREN KRAMER WORKPLACE INVESTIGATONS dated May 3, 2022 (hereinafter “AGREEMENT”). This Amendment does not take effect until signed by both parties.

The revisions to the AGREEMENT are limited to those specified below. All other provisions of the AGREEMENT remain in effect as set forth in the original agreement.

The AGREEMENT is amended as follows:

1. The agreement’s not-to-exceed amount will be increased to $200,000.

Except as specifically set forth herein, all terms and conditions of the AGREEMENT between the CITY and CONSULTANT dated May 3, 2021, shall remain in full force and effect.

In Witness whereof, the parties through their authorized representatives, have affixed their signatures.

CITY OF FAIRFIELD
a municipal corporation (CITY)

By
David Gassaway, Interim City Manager

KAREN KRAMER WORKPLACE INVESTIGATONS

By
Karen Kramer
Packet Page 92 of 575Attachment 2 Page 1 of 1

Agenda Item No: 7.

AGENDA REPORT
DATE:October 18, 2022
TO:Mayor and City Council
FROM:David Gassaway, Interim City Manager
SUBJECT:Resolution 2022274 of the City Council of the City of Fairfield Suspending Competitive Bidding and Authorizing the City Manager to Purchase Eleven Replacement Police Vehicles and Authorizing an Update to the Fiscal Year 20222023 Budget RECOMMENDED ACTION
Adopt resolution.

STATEMENT OF ISSUE
The Police Department (PD) is in need of 11 replacement police interceptor utility (PIU) vehicles. The replacement cost of these vehicles is included in the fiscal year (FY) 20212022 and 20222023 budgets. City Council approved the replacement of ten PIUs on February 1, 2022, with Resolution No. 202221, and one PIU on June 21, 2022, with Resolution No. 2022124; however, since then, specialized PIU orders have been canceled by the company and vehicle costs have increased in price.

Adopting this resolution authorizes the purchase of 11 replacement PIUs from National Auto Fleet Group in the amount nottoexceed $627,414.50 and upfitting with specialty safety equipment and lighting from Wattco in the amount nottoexceed $238,275.

DISCUSSION
PD currently utilizes Ford Crown Victoria and Ford Explorer PIUs as patrol vehicles. Ford no longer produces the Crown Victoria model, and the City is transitioning to the exclusive use of the Ford Explorer PIU. PIU vehicles allow PD staff to manage critical incidents safely and effectively in the field.

On February 1, 2022, per Resolution No. 202221 and June 21, 2022, with Resolution No. 2022124, the council approved the purchase of 11 PIUs for a nottoexceed amount of $851,385.50. Due to unexpected supply chain restraints and labor shortages, Ford has canceled the ten modelyear 2022 PIUs we previously ordered and closed the order bank early so the City could not order any for model year 2023. With modelyear 2023, Ford has increased their pricing by $8,985 over modelyear 2022.

With all of the FY 20212022 and 20222023 PIU orders canceled, the City looked at other avenues to replace these aging public safety vehicles. National Auto Fleet Group responded with a canceled order from another agency and offered those PIUs to the City. Sourcewell has awarded contract #091521 NAF to National Auto Fleet Group for providing PIUs at a competitive price. National Auto Fleet Group Packet Page 93 of 575

For standardization purposes, the City utilizes Wattco for PD vehicle outfitting and JC Graphics for exterior police graphics on all PD units. The cost to outfit the PIUs with critical lighting and specialized safety equipment is $238,275.

Staff recommends adopting the attached resolution to suspend competitive bidding and authorize the purchase of eleven replacement PIUs from National Auto Fleet Group for the amended total price of $627,414.50.

Staff has experienced supply chain issues over the last year, causing delays in procuring specialty products such as PIUs and rising prices. To account for potential price increases after placing the order, staff recommends a 10% price increase contingency of $86,569 for a total authorization of $952,258.50. This price is $100,873 higher than originally anticipated and will require a budget adjustment in the PD vehicle tow fund to account for the increase in cost.

FINANCIAL IMPACT
The total cost for the replacement of eleven PIUs is for a nottoexceed amount of $952,258.50 ($865,689.50 base cost of PIUs and upfitting + $86,569 contingency). $851,385.50 of this purchase is budgeted in the FY 20212022 Police Department Vehicle Replacement Fund Budget (Fund 512, Organization Code 54004) and $100,873 requires a budget transfer and amendment. A budget transfer of $100,873 from the Special Revenue Fund (Fund 155) Organization Code 50199, Project 10266 (Vehicle Tow Fees) to the Vehicle Replacement Fund (Fund 512) Organization Code 50403 is required.

Additionally, a budget adjustment of $100,873 of additional expense in Fund 512 is also required.

Finance has confirmed adequate funds exist in Fund 155 to cover this additional expense.

PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
N/A
ALTERNATIVE ACTION
The council may reject these acquisitions; however, this is not recommended because of the need to provide safe, serviceable, and costeffective police fleet vehicles.

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

Description
Proposed Resolution
REVIEWERS:

Reviewer Action Date
Kaushal, Paul Approved 10/6/2022 7:30 PM
Beavers, Esther Approved 10/6/2022 7:41 PM
Beavers, Esther Approved 10/6/2022 7:42 PM
Packet Page 94 of 575

Agenda Item No: 7.AGENDA REPORTDATE:October 18, 2022 TO:Mayor and City CouncilFROM:David Gassaway, Interim City ManagerSUBJECT:Resolution 2022274 of the City Council of the City of Fairfield Suspending CompetitiveBidding and Authorizing the City Manager to Purchase Eleven Replacement PoliceVehicles and Authorizing an Update to the Fiscal Year 20222023 BudgetRECOMMENDED ACTIONAdopt resolution.STATEMENT OF ISSUEThe Police Department (PD) is in need of 11 replacement police interceptor utility (PIU) vehicles. Thereplacement cost of these vehicles is included in the fiscal year (FY) 20212022 and 20222023budgets. City Council approved the replacement of ten PIUs on February 1, 2022, with Resolution No.202221, and one PIU on June 21, 2022, with Resolution No. 2022124; however, since then,specialized PIU orders have been canceled by the company and vehicle costs have increased in price.Adopting this resolution authorizes the purchase of 11 replacement PIUs from National Auto FleetGroup in the amount nottoexceed $627,414.50 and upfitting with specialty safety equipment andlighting from Wattco in the amount nottoexceed $238,275.DISCUSSIONPD currently utilizes Ford Crown Victoria and Ford Explorer PIUs as patrol vehicles. Ford no longerproduces the Crown Victoria model, and the City is transitioning to the exclusive use of the FordExplorer PIU. PIU vehicles allow PD staff to manage critical incidents safely and effectively in the field. On February 1, 2022, per Resolution No. 202221 and June 21, 2022, with Resolution No. 2022124,the council approved the purchase of 11 PIUs for a nottoexceed amount of $851,385.50. Due tounexpected supply chain restraints and labor shortages, Ford has canceled the ten modelyear 2022PIUs we previously ordered and closed the order bank early so the City could not order any for modelyear 2023. With modelyear 2023, Ford has increased their pricing by $8,985 over modelyear 2022. With all of the FY 20212022 and 20222023 PIU orders canceled, the City looked at other avenues toreplace these aging public safety vehicles. National Auto Fleet Group responded with a canceled orderfrom another agency and offered those PIUs to the City. Sourcewell has awarded contract #091521NAF to National Auto Fleet Group for providing PIUs at a competitive price. National Auto Fleet Grouphas agreed to sell the City 11 PIUs at the Sourcewell contract price.For standardization purposes, the City utilizes Wattco for PD vehicle outfitting and JC Graphics forexterior police graphics on all PD units. The cost to outfit the PIUs with critical lighting and specializedsafety equipment is $238,275.Staff recommends adopting the attached resolution to suspend competitive bidding and authorize thepurchase of eleven replacement PIUs from National Auto Fleet Group for the amended total price of$627,414.50. Staff has experienced supply chain issues over the last year, causing delays in procuring specialtyproducts such as PIUs and rising prices. To account for potential price increases after placing the order,staff recommends a 10% price increase contingency of $86,569 for a total authorization of$952,258.50. This price is $100,873 higher than originally anticipated and will require a budgetadjustment in the PD vehicle tow fund to account for the increase in cost.FINANCIAL IMPACTThe total cost for the replacement of eleven PIUs is for a nottoexceed amount of $952,258.50($865,689.50 base cost of PIUs and upfitting + $86,569 contingency). $851,385.50 of this purchase isbudgeted in the FY 20212022 Police Department Vehicle Replacement Fund Budget (Fund 512,Organization Code 54004) and $100,873 requires a budget transfer and amendment. A budget transferof $100,873 from the Special Revenue Fund (Fund 155) Organization Code 50199, Project 10266(Vehicle Tow Fees) to the Vehicle Replacement Fund (Fund 512) Organization Code 50403 is required.Additionally, a budget adjustment of $100,873 of additional expense in Fund 512 is also required.Finance has confirmed adequate funds exist in Fund 155 to cover this additional expense.PUBLIC CONTACT/ADVISORY BODY RECOMMENDATIONN/AALTERNATIVE ACTIONThe council may reject these acquisitions; however, this is not recommended because of the need toprovide safe, serviceable, and costeffective police fleet vehicles.STAFF CONTACTDavid Renschler, Fleet Division Manager(707) 4287414 [email protected] WITHFinance DepartmentATTACHMENTS:DescriptionProposed ResolutionREVIEWERS:Reviewer Action DateKaushal, Paul Approved 10/6/2022 7:30 PM Beavers, Esther Approved 10/6/2022 7:41 PM
Beavers, Esther Approved 10/6/2022 7:42 PM
Packet Page 95 of 575

CITY OF FAIRFIELD

RESOLUTION NO. 2022-274

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAIRFIELD SUSPENDING COMPETITIVE

BIDDING AND AUTHORIZING THE CITY MANAGER TO PURCHASE ELEVEN REPLACEMENT POLICE VEHICLES AND AUTHORIZING AN UPDATE TO THE FISCAL YEAR 2022-2023 BUDGET

WHEREAS, the Police Department is in need of 11 replacement police interceptor utility (PIU) vehicles; and

WHEREAS, City Council approved the purchases on February 1, 2022, by Resolution No. 2022-21 and on June 21, 2022, by Resolution No. 2022-124; and

WHEREAS, the global COVID-19 pandemic has caused unexpected price increases and order cancellations; and

WHEREAS, Sourcewell procures equipment contracts based on a competitive process ; and

WHEREAS, Sourcewell has awarded contract #091521-NAF to National Auto Fleet Group for Ford police vehicles; and

WHEREAS, National Auto Fleet Group has agreed to sell 11 Ford PIU vehicles to the City of Fairfield at the Sourcewell contract price; and

WHEREAS, funding was not allocated in the City’s approved fiscal year (FY) 2022-2023 Budget thus requiring an adjustment of $100,873 to cover the additional cost; and

WHEREAS, the revised appropriation constitutes an update to the FY 2022-2023 Budget approved pursuant to Resolution No. 2022-122.

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

Section 1. The council hereby suspends competitive bidding and authorizes the city manager to purchase 11 replacement Ford PIU vehicles from National Auto Fleet Group in the amount not- to-exceed $627,414.50.

Section 2. The council hereby suspends competitive bidding and authorizes the city manager to outfit these vehicles with specialized safety equipment and graphics for an amount not-to- exceed $238,275.

Packet Page 96 of 575Attachment 1 Page 1 of 2

RES. NO. 2022-274

Page 2 ends

Section 3. The public works director is hereby authorized to execute and administer amendments in an amount not-to-exceed $86,569.

Section 4. The council hereby approves a budget transfer of $100,873 from the Special Revenue Fund (Fund 155) to the Vehicle Replacement Fund (Fund 512).

Section 5. The council hereby approves a budget adjustment of $100,873 from the Vehicle Replacement Fund (Fund 512).

PASSED AND ADOPTED this 18th day of October, 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 97 of 575Attachment 1 Page 2 of 2

Agenda Item No: 8.

AGENDA REPORT
DATE:October 18, 2022
TO:Mayor and City Council
FROM:David Gassaway, Interim City Manager
SUBJECT:Resolution 2022275 of the City Council of the City of Fairfield Approving the Plans and Specifications and Awarding a Contract to FBD Vanguard Construction, Inc. for the Grange Middle School Safe Routes to School and Pavement Preservation Project, Federal Aid Project No. CML 5132049 and Authorizing an Update to the Fiscal Year 20222023 Budget
RECOMMENDED ACTION
Adopt resolution.

STATEMENT OF ISSUE
The East Tabor Avenue and Sunset Avenue corridor is an important access route for several schools in Fairfield, including Grange Middle School, Cleo Gordon Elementary School, and the H. Glenn Richardson Education Complex. Through a partnership with the Solano Transportation Authority (STA), the Public Works Department secured federal grant funds to construct vehicle traffic calming and active transportation improvements to portions of these roadways. This resolution approves the plans and specifications for the Grange Middle School Safe Routes to School and Pavement Preservation Project – Federal Aid No. CML 5132049 (Project) and awards a contract to FBD Vanguard Construction Inc, of Livermore, California in the amount of $3,025,912.50.

DISCUSSION
The City of Fairfield has received federal grant funding for the Project to improve the safety of students walking and biking on East Tabor Avenue and Sunset Avenue. The Project includes the following safety and improvement components:

Safety and traffic calming
On East Tabor Avenue at Falcon Drive, Blossom Avenue, and Manor Place:

Installation of rapid flashing beacons and new stamped crosswalks to enhance visibility
Construction of new concrete bulbouts (e.g. curb extensions) to discourage drivers from speeding and decrease the crossing length for pedestrians.

At the intersection of East Tabor Avenue and Dover Avenue:

Implementation of leading pedestrian interval traffic signal phasing to improve pedestrian crossing by providing the walk signal sign in advance of the green light for drivers
Packet Page 98 of 575

Implementation of leading pedestrian interval traffic signal phasing to improve pedestrian crossing by providing the walk signal sign in advance of the green light for drivers
Installation of curb extensions at the intersection with the modification of ADA curb ramps.

Roadway Maintenance
On East Tabor Avenue between Dover Avenue and Clay Bank Road, and on Sunset Avenue between East Tabor Avenue and Travis Boulevard:

Seal coating the distressed pavement, restriping the roadway, new green bicycle lanes, Americans with Disabilities Act (ADA) ramp upgrades, and replacement of curb and gutter.

Staff initially advertised the Project from April 22 to June 1, 2022, in anticipation to begin construction while school was out of session during the summertime. On the bid opening day, no bids were received.

Staff contacted several contractors who would normally bid on this type of Project. The contractors informed staff that they were booked for the summer and unable to commit to completing the Project within the desired schedule. Per the guidelines set forth in Caltrans Local Assistance Procedures Manual (LAPM) for federal and state grant projects, staff subsequently readvertised the Project from August 10 through September 7, 2022. Three bids were received ranging from $3,219,111.50 to $3,662,100, with the lowest bid from FBD Vanguard Construction (Vanguard), Livermore, CA.

Vanguard’s bid schedule is broken down in the table below. The base bid includes traffic safety and pavement improvements along East Tabor Avenue between Dover Avenue and Clay Bank Road, and pavement improvements along Sunset Avenue between East Tabor Avenue and Sunset Court. Additive alternate #1 would extend the pavement improvements on Sunset Avenue from Sunset Court to Travis Boulevard.

With the engineer’s estimate at $2,600,000, staff analyzed the higher than anticipated pricing and attribute it to increased commodity prices which have been experienced in all levels of the construction industry. One major factor in escalated pricing is the current, volatile, oil climate. Ultimately, staff determined that rejecting all bids and rebidding the project would not result in lower pricing.

Description Vanguard Bid Price
Base Bid $3,025,912.50
Additive Alternate #1 $193,199.00
The contract documents established that the basis for determination of the low bidder of the Project would be the base bid plus the additive alternate #1. Additive alternative bid items provide the City with flexibility to scale projects to match the available budget and discretion to choose whether or not to award the specific additive work. Staff is recommending awarding only the base bid to Vanguard, and does not recommend awarding additive alternate #1 due to funding constraints, for the total amount of $3,025,912.50.

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

Because the construction process will be disruptive to the school’s operations and to the parents of the students, working hours for the Project is between 9 a.m.–2 p.m. The contractor will not be allowed to work during dropoff and pickup hours. Residents expected to be affected by the Project will be notified in advance. The Project will also have a City inspector in the field that will oversee the work and be available to respond to concerns from the residents.

The City has received a total of $2,360,000 in federal grant funds, $260,000 from One Bay Area Grant Safe Routes to School Program (SR2S) and $2,100,000 from Suburban Housing Incentive Pool (SubHIP), to construct the Project. Grant funding requires an 11.47% ($347,072.16) local match of the Packet Page 99 of 575

Agenda Item No: 8.AGENDA REPORTDATE:October 18, 2022 TO:Mayor and City CouncilFROM:David Gassaway, Interim City ManagerSUBJECT:Resolution 2022275 of the City Council of the City of Fairfield Approving the Plans andSpecifications and Awarding a Contract to FBD Vanguard Construction, Inc. for theGrange Middle School Safe Routes to School and Pavement Preservation Project,Federal Aid Project No. CML 5132049 and Authorizing an Update to the Fiscal Year20222023 BudgetRECOMMENDED ACTIONAdopt resolution.STATEMENT OF ISSUEThe East Tabor Avenue and Sunset Avenue corridor is an important access route for several schools inFairfield, including Grange Middle School, Cleo Gordon Elementary School, and the H. GlennRichardson Education Complex. Through a partnership with the Solano Transportation Authority (STA),the Public Works Department secured federal grant funds to construct vehicle traffic calming and activetransportation improvements to portions of these roadways. This resolution approves the plans andspecifications for the Grange Middle School Safe Routes to School and Pavement Preservation Project– Federal Aid No. CML 5132049 (Project) and awards a contract to FBD Vanguard Construction Inc,of Livermore, California in the amount of $3,025,912.50.DISCUSSIONThe City of Fairfield has received federal grant funding for the Project to improve the safety of studentswalking and biking on East Tabor Avenue and Sunset Avenue. The Project includes the following safetyand improvement components:Safety and traffic calmingOn East Tabor Avenue at Falcon Drive, Blossom Avenue, and Manor Place:Installation of rapid flashing beacons and new stamped crosswalks to enhancevisibilityConstruction of new concrete bulbouts (e.g. curb extensions) to discourage driversfrom speeding and decrease the crossing length for pedestrians.At the intersection of East Tabor Avenue and Dover Avenue:Implementation of leading pedestrian interval traffic signal phasing to improvepedestrian crossing by providing the walk signal sign in advance of the green light fordriversInstallation of curb extensions at the intersection with the modification of ADA curbramps. Roadway MaintenanceOn East Tabor Avenue between Dover Avenue and Clay Bank Road, and on SunsetAvenue between East Tabor Avenue and Travis Boulevard:Seal coating the distressed pavement, restriping the roadway, new green bicyclelanes, Americans with Disabilities Act (ADA) ramp upgrades, and replacement ofcurb and gutter. Staff initially advertised the Project from April 22 to June 1, 2022, in anticipation to begin constructionwhile school was out of session during the summertime. On the bid opening day, no bids were received.Staff contacted several contractors who would normally bid on this type of Project. The contractorsinformed staff that they were booked for the summer and unable to commit to completing the Projectwithin the desired schedule. Per the guidelines set forth in Caltrans Local Assistance ProceduresManual (LAPM) for federal and state grant projects, staff subsequently readvertised the Project fromAugust 10 through September 7, 2022. Three bids were received ranging from $3,219,111.50 to$3,662,100, with the lowest bid from FBD Vanguard Construction (Vanguard), Livermore, CA. Vanguard’s bid schedule is broken down in the table below. The base bid includes traffic safety andpavement improvements along East Tabor Avenue between Dover Avenue and Clay Bank Road, andpavement improvements along Sunset Avenue between East Tabor Avenue and Sunset Court. Additivealternate #1 would extend the pavement improvements on Sunset Avenue from Sunset Court to TravisBoulevard.With the engineer’s estimate at $2,600,000, staff analyzed the higher than anticipated pricing andattribute it to increased commodity prices which have been experienced in all levels of the constructionindustry. One major factor in escalated pricing is the current, volatile, oil climate. Ultimately, staffdetermined that rejecting all bids and rebidding the project would not result in lower pricing.Description Vanguard Bid PriceBase Bid $3,025,912.50Additive Alternate #1 $193,199.00The contract documents established that the basis for determination of the low bidder of the Projectwould be the base bid plus the additive alternate #1. Additive alternative bid items provide the City withflexibility to scale projects to match the available budget and discretion to choose whether or not toaward the specific additive work. Staff is recommending awarding only the base bid to Vanguard, anddoes not recommend awarding additive alternate #1 due to funding constraints, for the total amount of$3,025,912.50. Staff have reviewed the bid submitted by Vanguard and determined that it is responsive and meets allbid requirements. Vanguard and their subcontractors are appropriately licensed and have completedprojects of similar size and complexity for other local agencies.Because the construction process will be disruptive to the school’s operations and to the parents of thestudents, working hours for the Project is between 9 a.m.–2 p.m. The contractor will not be allowed towork during dropoff and pickup hours. Residents expected to be affected by the Project will be notifiedin advance. The Project will also have a City inspector in the field that will oversee the work and beavailable to respond to concerns from the residents.The City has received a total of $2,360,000 in federal grant funds, $260,000 from One Bay Area Grant Safe Routes to School Program (SR2S) and $2,100,000 from Suburban Housing Incentive Pool (SubHIP), to construct the Project. Grant funding requires an 11.47% ($347,072.16) local match of the Project cost. Awarding the Project for $3,025,912.50 will exceed the federal grant local match requirement.

FINANCIAL IMPACT
The construction authorization for this Project will be $3,328,503.75, which is the total bid amount, plus a 10% contingency ($3,025,912.50 total bid + $302,591.25 contingency). Funding for this Project is captured in the Capital Streets Fund (Fund 252, Organization Code 60199, Project 10133). The capital streets fund includes $2,360,000 in federal grants (SR2S and SubHIP) and the remaining amount of $968,503.75 is covered through local funding.

A budget adjustment and transfer of $570,000 is required to fund this work. Transfers to the Capital Streets Fund (Fund 252) of $290,000 from Senate Bill 1 (Fund 163) and $280,000 from Solid Waste (Fund 156) will be used to fund this adjustment. Finance has confirmed that adequate reserves in Fund 163 and 156 exist and that no projects will be jeopardized by this additional expenditure.

PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
A notice inviting bids for this project was advertised twice in the Daily Republic newspaper on August 10 and August 17, 2022. In addition, distributed a notice of the project and/or a complete bid package to a total of 17 builder’s exchanges in the State of California covering the area from Redding to San Jose, and Stockton to Santa Rosa. A total of four contractors purchased bid documents for this project.

ALTERNATIVE ACTION
The council may choose not to award the contract, reject all bids and restart the bid process, thus resulting in a significant delay in the construction project schedule. Not awarding the contract would delay the Project schedule as required by the grant and potentially lose grant funding.

STAFF CONTACT
Phil Layoso, Assistant Engineer
(707) 4287505
[email protected]
COORDINATED WITH
Finance Departmentand Fairfield Suisun Unified School District ATTACHMENTS:

Description
Proposed Resolution
Bid Results
REVIEWERS:

Reviewer Action Date
Hether, Michael Approved 10/11/2022 5:47 PM
Beavers, Esther Approved 10/11/2022 7:00 PM
Beavers, Esther Approved 10/11/2022 7:02 PM
Packet Page 100 of 575

CITY OF FAIRFIELD

RESOLUTION NO. 2022-275

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAIRFIELD APPROVING THE PLANS AND SPECIFICATIONS AND AWARDING A CONTRACT TO FBD VANGUARD CONSTRUCTION, INC.

FOR THE GRANGE MIDDLE SCHOOL SAFE ROUTES TO SCHOOL AND PAVEMENT PRESERVATION PROJECT, FEDERAL AID PROJECT NO. CML 5132-049 AND AUTHORIZING AN UPDATE TO THE FISCAL YEAR 2022-2023 BUDGET

WHEREAS, the Grange Middle School Safe Routes to School and Pavement Preservation Project, Federal Aid Project No. CML 5132-049, was selected to receive $260,000 in One Bay Area Grant Safe Routes to School Program and $2,100,000 in Suburban Housing Incentive Pool through the Metropolitan Transportation Commission; and

WHEREAS, the bid opening for the Grange Middle School Safe Routes to School and Pavement Preservation Project, Federal Aid Project No. CML 5132 -049 took place on September 7, 2022; and

WHEREAS, the apparent low bidder was FBD Vanguard Construction, Inc., in the amount of $3,219,111.50; and

WHEREAS, staff has reviewed the bid documents from FBD Vanguard Construction, Inc. and found them to be in order; and

WHEREAS, staff is recommending the City Council exclude Additive Alternate #1 from the contract award; and

WHEREAS, staff is recommending that the council award the contract to FBD Vanguard Construction, Inc, Inc. as the lowest responsive and responsible bidder in the amount of the Base Bid of $3,025,912.50; and

WHEREAS, funding was not allocated in the City’s approved 202 2-2023 Budget thus requiring a and adjustment of $570,000 to cover the remaining cost of the project; and

WHEREAS, the revised appropriation constitutes an update to the 2022-2023 Budget approved pursuant to Resolution No. 2021-126.

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

Section 1. The plans and specifications for the Grange Middle School Safe Routes to School and Pavement Preservation Project, Federal Aid Project No. CML 5132-049 are hereby approved.

Packet Page 101 of 575Attachment 1 Page 1 of 2

RES. NO. 2022-275

Page 2 ends

Section 2. The city manager is authorized to enter into a contract with FBD Vanguard Construction, Inc. for the Grange Middle School Safe Routes to School and Pavement Preservation Project, Federal Aid Project No. CML 5132-049 in the amount of $3,025,912.50.

Section 3. The public works director is hereby authorized to execute and administer change orders for an amount not-to-exceed 10% ($302,591.25) of the above contract amount.

Section 4. The council hereby approves budget transfers of $290,000 from the S enate Bill 1 Fund (Fund 163) and $280,000 from the Solid Waste Fund (Fund 156) to the Capital Streets Fund (Fund 252).

Section 5. The council hereby approves a budget adjustment of $570,000 to the Capital Streets Fund (Fund 252, Organization Code 25260199, Project 10133) to cover the funding requirement.

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

Section 5. The city manager is hereby authorized to implement the above-mentioned contract.

PASSED AND ADOPTED this 18th day of October, 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 102 of 575Attachment 1 Page 2 of 2

City of Fairfield
Public Works Department

Grange Middle School Safe Route to School & Pavement
Preservation Federal Aid Project No, CML-5132(049)

NAME OF PROJECT
September 7, 2022, 2:00 p.m.

DATE OF BID

NO. BIDDER AMOUNT *
1 FBD Vanguard Construction, Inc. Livermore, CA $3,219,111.50 2 Kerex Engineering, Inc. Pleasant Hill, CA $3,415,010.00 3 California Highway Construction
Group, Inc. Concord, CA $3,662,100.00

Engineer’s Estimate $2,683,300.00
*Note: This bid summary shows the bids in order as opened but is not a determination of award, responsiveness, or responsibility of bids received. The values computed are values based on Staff’s interpretation of the bids, correction of mathematical errors and assumptions made where ambiguous and/or illegible entries are encountered during the review process.

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Agenda Item No: 9.

AGENDA REPORT
DATE:October 18, 2022
TO:Mayor and City Council
FROM:David Gassaway, Interim City Manager
SUBJECT:Resolution 2022276 of the City Council of the City of Fairfield Approving the Technology SoftwareasaService (SaaS) Agreement for OnDemand (Microtransit) and InAdvance (Paratransit) Scheduling, Dispatch, and Management Software between the City of Fairfield and The Routing Company
RECOMMENDED ACTION
Adopt resolution.

STATEMENT OF ISSUE
Per Fairfield and Suisun Transit's (FAST) recently adopted Comprehensive Operational Analysis (COA) plan, the City of Fairfield (City) plans to launch a new Microtransit service for city residents, along with continuing to provide traditional Americans with Disabilities Act (ADA) complementary paratransit services. Five proposals were received in response to the City's request for proposals (RFP) on May 11, 2022, for a qualified firm to provide software and related services to support an OnDemand (Microtransit) system and InAdvance (Paratransit) scheduling, dispatch and reservation system for FAST. Staff recommends the City Council award The Routing Company (TRC) a twoyear contract that shall automatically renew for three oneyear terms, unless terminated by the city manager, or his/her designee.

DISCUSSION
On September 6, 2022, the council authorized FAST to move forward with recommendations outlined in the FAST Forward COA to be a high functioning and sustainable transit network postpandemic.

Included in the recommendations was establishing new microtransit service zones in the city and identifying a microtransit technology partner to help implement and manage the service.

On May 11, 2022, a RFP was issued to solicit proposals for a qualified firm to provide software and related services to support an ondemand microtransit system and inadvance paratransit scheduling, dispatch, and reservation system. A nonmandatory preproposal conference was conducted on May 19, 2022, to provide potential submitters more information about the RFP. The City requested proposers submit clarifications and questions by May 30, 2022. On June 10, 2022, the City issued an addendum in response to clarifications and questions received.

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Agenda Item No: 9.AGENDA REPORTDATE:October 18, 2022 TO:Mayor and City CouncilFROM:David Gassaway, Interim City ManagerSUBJECT:Resolution 2022276 of the City Council of the City of Fairfield Approving theTechnology SoftwareasaService (SaaS) Agreement for OnDemand (Microtransit)and InAdvance (Paratransit) Scheduling, Dispatch, and Management Softwarebetween the City of Fairfield and The Routing CompanyRECOMMENDED ACTIONAdopt resolution.STATEMENT OF ISSUEPer Fairfield and Suisun Transit's (FAST) recently adopted Comprehensive Operational Analysis (COA)plan, the City of Fairfield (City) plans to launch a new Microtransit service for city residents, along withcontinuing to provide traditional Americans with Disabilities Act (ADA) complementary paratransitservices. Five proposals were received in response to the City's request for proposals (RFP) on May11, 2022, for a qualified firm to provide software and related services to support an OnDemand(Microtransit) system and InAdvance (Paratransit) scheduling, dispatch and reservation system forFAST. Staff recommends the City Council award The Routing Company (TRC) a twoyear contract thatshall automatically renew for three oneyear terms, unless terminated by the city manager, or his/herdesignee.DISCUSSIONOn September 6, 2022, the council authorized FAST to move forward with recommendations outlined inthe FAST Forward COA to be a high functioning and sustainable transit network postpandemic.Included in the recommendations was establishing new microtransit service zones in the city andidentifying a microtransit technology partner to help implement and manage the service. On May 11, 2022, a RFP was issued to solicit proposals for a qualified firm to provide software andrelated services to support an ondemand microtransit system and inadvance paratransit scheduling,dispatch, and reservation system. A nonmandatory preproposal conference was conducted on May19, 2022, to provide potential submitters more information about the RFP. The City requestedproposers submit clarifications and questions by May 30, 2022. On June 10, 2022, the City issued an addendum in response to clarifications and questions received.

Five proposals were received by July 7, 2022. The proposals from Ecolane, HBSSCC, RideCo, TRC, and VIA all met the minimum requirements as outlined in the RFP and were evaluated for further consideration. An evaluation committee (Committee) consisting of FAST’s transportation manager, operations manager, transportation planner, general manager from MV Transportation, and a consultant from Innovate Mobility, LLC recommended moving forward with interviews for Ecolane, RideCo, and TRC. Interview were conducted the week of August 22, 2022, and a second round of interviews was conducted on August 31, 2022, with all three firms.

The Committee unanimously determined the proposal from TRC would provide FAST with the best technology, marketing, services, training, and customer support it requires to reserve, schedule, and dispatch ondemand microtransit services as well as ADAcompliant paratransit services.

FINANCIAL IMPACT
The cost for the SaaS Agreement will be for a nottoexceed amount of $310,801. Staff recommends including a 20% contingency of $62,160 for a total nottoexceed amount of $372,961. Funds will be paid for by Transportation Development Act (TDA) funds. This item has no impact to the general fund.

PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
N/A
ALTERNATIVE ACTION
The council may choose not to approve an agreement TRC, however, that is not recommended as that will impact FAST’s ability to implement the COA recommendations approved by the council on September 6, 2022.

STAFF CONTACT
Shaun Vigil, Transportation Planner II
(707) 4343807
[email protected]
COORDINATED WITH
Information Technology
ATTACHMENTS:

Description
Proposed Resolution
Proposed Agreement
REVIEWERS:

Reviewer Action Date
Hether, Michael Approved 10/11/2022 5:48 PM
Beavers, Esther Approved 10/11/2022 7:07 PM
Beavers, Esther Approved 10/11/2022 7:07 PM
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CITY OF FAIRFIELD

RESOLUTION NO. 2022-276

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAIRFIELD APPROVING THE TECHNOLOGY

SOFTWARE-AS-A-SERVICE (SAAS) AGREEMENT FOR ON-DEMAND (MICROTRANSIT) AND IN-

ADVANCE (PARATRANSIT) SCHEDULING, DISPATCH, AND MANAGEMENT SOFTWARE

BETWEEN THE CITY OF FAIRFIELD AND THE ROUTING COMPANY

WHEREAS, the FAST Forward Comprehensive Operational Analysis (COA) recommended establishing new microtransit zones and identifying a new technology partner for microtransit service and complimentary ADA paratransit service; and

WHEREAS, the FAST Forward COA initiative was approved and adopted by the City of Fairfield (City) City Council on September 6, 2022; and

WHEREAS, the City issued a Request for Proposals on May 11, 2022, to solicit proposals to provide On-Demand (Microtransit) and In-Advance (Paratransit) scheduling, dispatch, and management software; and

WHEREAS, the City received five proposals and determined all five met the requirements and criteria for evaluation; and

WHEREAS, the evaluation committee (Committee) chose to move forward with interviewing three of the firms during the week of August 22, 2022, and held a second round of interviews on August 31, 2022; and

WHEREAS, the Committee determined the proposal from The Routing Company provided provide FAST with the best technology, marketing, services, training, and customer support it requires to reserve, schedule, and dispatch on-demand microtransit services as well as ADA- compliant paratransit services.

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

Section 1. The above recitals are true and correct and are a substantive part of this resolution.

Section 2. The city manager or public works director is hereby authorized and directed to execute the Technology Software-as-a-Service (Saas) Agreement between the City of Fairfield and The Routing Company for On-Demand (Microtransit) and In-Advance (Paratransit) Scheduling, Dispatch, and Management Software for a cost not-to-exceed $310,801.

Section 3. The public works director is hereby authorized to execute and administer amendments in an amount not-to-exceed $62,190.

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RES. NO. 2022-276

Page 2 ends

PASSED AND ADOPTED this 18th day of October, 2022, by the following vote:

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

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

_________
MAYOR

ATTEST:

____________________________

CITY CLERK
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Rev 6/17/2018

CITY OF FAIRFIELD
TECHNOLOGY SOFTWARE-AS-A-SERVICE (SaaS) AGREEMENT WITH
The Routing Company

This AGREEMENT is made at Fairfield, California, as of October 18, 2022 (the “Effective Date”), by and between the City of Fairfield, a municipal corporation (the “City") and The Routing Company ("Service Provider”), who agree as follows:

1) SERVICES. Subject to the terms and conditions set forth in this Agreement, Service Provider shall provide to the City the services described in Exhibit “A” (the “Scope of Services”), which consists of the following: (a) Exhibit A-1 – Statement of Work, (b) Exhibit A-2 – Product Schedule, (c) Exhibit A-3 – Service Level Agreement, (d) Exhibit A-4 - City’s Request for Proposal (“RFP”), (e) Exhibit A-5 – Service Provider’s response to RFP. Service Provider shall provide Services at the time, place, and in the manner specified in Exhibit “A.”

2) PAYMENT. City shall pay Service Provider for the services rendered pursuant to this Agreement at the times and in the manner set forth in Exhibit “B.” The payments specified in Exhibit “B” shall be the only payments to be made to Service Provider for services rendered pursuant to this Agreement. Service Provider shall submit all billings for said services to the City in the manner specified in Exhibit “B.”

3) FACILITIES AND EQUIPMENT. Service Provider shall, at its sole cost and expense, furnish all facilities and equipment which may be required for furnishing Services pursuant to this Agreement.

4) COMPLETE AGREEMENT. The provisions set forth in Exhibits “A,” “B,” “C,” and “D” are part of this Agreement. In the event of any inconsistency between the general provisions of Exhibit “C” and any other terms or conditions of this Agreement, the provisions set forth in Exhibit “C” shall control. All provisions in this Agreement control over any provision in Exhibit “A.” In the event of a disagreement among the documents comprising Exhibit “A,” Exhibit A-1 controls over Exhibits A-2 through A-5; Exhibit A-2 controls over Exhibits A-3 through A-5; Exhibit A-3 controls over Exhibits A-4 through A-5; and Exhibit A-4 controls over Exhibit A-5.

5) INSURANCE REQUIREMENTS. The insurance requirements set forth in Exhibit “D” are part of this Agreement. Notwithstanding any other provision to the contrary, in the event of any inconsistency between any other terms or conditions of this Agreement, the requirements set forth in Exhibit “D” shall control.

6) EXHIBITS. All exhibits referred to herein are attached hereto and are by this reference incorporated herein.

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7) TERM. This Agreement shall be effective upon the Effective Date and shall remain in effect for a period of two (2) years following the Effective Date (the “Initial Term”). Following the Initial Term, this Agreement shall automatically renew for three one (1) year terms, unless terminated pursuant to this Agreement or the City Manager, or his/her designee, provides Service Provider written notice of the City’s intent to not renew the Agreement.

EXECUTED as of the day first above-stated.

City of Fairfield, a municipal corporation

By:
(signature)

Printed: ______________________________

Service Provider

By:
(signature)

Printed: ______________________________

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EXHIBIT “A”

SCOPE OF SERVICES

Services are described more particularly in the following exhibits, which comprise this Exhibit A:

Exhibit A-1 – Statement of Work
Exhibit A-2 – Product Schedule
Exhibit A-3 – Service Level Agreement
Exhibit A-4 – City’s Request for Proposal (“RFP”), and
Exhibit A-5 – Service Provider’s response to RFP
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Exhibit “A-1”

Statement of Work

1.0 DEFINITIONS: In this Agreement, the following terms have the following meanings, and all other capitalized terms have the meaning given to them elsewhere in this Agreement:

1.01 “Authorized Persons” as used in this document means the Service Provider’s employees, contractors, subcontractors or other agents who need to access the public jurisdiction’s personal data to enable the Service Provider to perform the services required.

1.02 “Data Breach” as used in this document means the unauthorized access by non- authorized person/s that result in the use, disclosure or theft of a public jurisdiction’s unencrypted personal data.

1.03 “Follow-the-sun” is a workflow model in which work is passed on to the offices located in different time zones. In this way work is done round-the-clock thereby reducing the support duration and increasing the responsiveness.

1.04 “Individually Identifiable Health Information” as used in this document means information that is a subset of health information, including demographic information collected from an individual, and (1) is created or received by a health care provider, health plan, employer or health care clearinghouse; and (2) relates to the past, present or future physical or mental health or condition of an individual; the provision of health care to an individual; or the past, present or future payment for the provision of health care to an individual; and (a) that identifies the individual; or (b) with respect to which there is a reasonable basis to believe the information can be used to identify the individual.

1.05 “Non-Public Data” means data, other than personal data, that is not subject to distribution to the public as public information. It is deemed to be sensitive and confidential by the public jurisdiction because it contains information that is exempt by statute, ordinance or administrative rule from access by the general public as public information.

1.06 “Personal Data” means data that includes information relating to a person that identifies the person by name and has any of the following personally identifiable information (PII): government-issued identification numbers (e.g. Social Security, driver’s license, passport); financial account information, including account number, credit or debit card numbers; or protected health information (PHI) relating to a person.

1.07 “Protected Health Information” (PHI) as used in this document is individually identifiable health information transmitted by electronic media, maintained in electronic media, or transmitted or maintained in any other form or medium. PHI excludes education records covered by the Family Educational Rights and Privacy Act Packet Page 111 of 575Attachment 2 Page 4 of 122

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(FERPA), as amended, 20 U.S.C. 1232g, records described at 20 U.S.C. 1232g(a)(4)(B)(iv) and employment records held by a covered entity in its role as employer.

1.08 “Personally Identifiable Information” (PII) PII refers to a combination of data elements (e.g. Social Security number, driver’s license or other government-issued identification number, passport number, financial account number, or credit or debit card number in combination with security codes) that, when linked to the individual’s first name or first initial and their last name, and not encrypted or otherwise could lead to the loss, theft or unauthorized use of the individual’s personal information.

1.09 “Public Jurisdiction” means the City of Fairfield.

1.10 “Public Jurisdiction Data” as used in this document means all data created or in any way originating with the public jurisdiction, and all data that is the output of computer processing of or other electronic manipulation of any data that was created by or in any way originated with the public jurisdiction, whether such data or output is stored on the public jurisdiction’s hardware; the Service Provider’s hardware or exists in any system owned, maintained or otherwise controlled by the public jurisdiction or by the Service Provider.

1.11 “Public Jurisdiction Identified Contact” means the person or persons designated in writing by the public jurisdiction to receive security incident or breach notification.

1.12 “Security Incident” means the potentially unauthorized access by non-authorized persons to personal data or non-public data that could reasonably result in the use, disclosure or theft of a public jurisdiction’s unencrypted personal data or non-public data within the possession or control of a Service Provider. A security incident may or may not turn into a data breach.

1.13 “Service Level Agreement” (SLA) means a written agreement between both the public jurisdiction and the Service Provider that is subject to the terms and conditions in this document that unless otherwise agreed to includes (1) the technical service level performance promises (i.e., metrics for performance and intervals for measure), (2) description of service quality, (3) identification of roles and responsibilities, (4) security responsibilities and notice requirements, (5) how disputes are discovered and addressed and (6) any remedies for performance failures.

1.14 “Service Provider” means the contractor and its employees, subcontractors, agents and affiliates who are providing the services agreed to under the contract.

1.15 “Software-as-a-Service” (SaaS) means the capability provided to the consumer to use the provider’s applications running on a cloud infrastructure. The applications are accessible from various client devices through a thin client interface such as a Web browser (e.g., Web-based email) or a program interface. The consumer does not Packet Page 112 of 575Attachment 2 Page 5 of 122

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manage or control the underlying cloud infrastructure, including network, servers, operating systems, storage or even individual application capabilities, with the possible exception of limited user-specific application configuration settings.

1.16 “Statement of Work” is a written statement in a solicitation document or contract that describes the public jurisdiction’s service needs and expectations.

2.0 DESCRIPTION OF SERVICES

2.1 Scope of Services
The scope of services to be performed by Service Provider under this Agreement is as described in this Statement of Work in Exhibit A of this Agreement.

2.2 Data Ownership
The public jurisdiction will own all right, title and interest in its data that is related to the services provided by this contract. SERVICE PROVIDER shall not access public jurisdiction user accounts or public jurisdiction data, except (1) in the course of data center operations, (2) in response to service or technical issues, (3) as required by the express terms of this contract or (4) at the public jurisdiction’s written request.

2.3 Data Protection
Protection of personal privacy and data shall be an integral part of the business activities of the Service Provider to ensure there is no inappropriate or unauthorized use of public jurisdiction information at any time. To this end, the Service Provider shall safeguard the confidentiality, integrity and availability of public jurisdiction information and comply with the following conditions:
a. The Service Provider shall implement and maintain appropriate administrative, technical and organizational security measures to safeguard against unauthorized access, disclosure or theft of personal data and non-public data. Such security measures shall be in accordance with recognized industry practice and not less stringent than the measures the Service Provider applies to its own personal data and non- public data of similar kind.
b. All data obtained by the Service Provider in the performance of this contract shall become and remain the property of the public jurisdiction. c. All personal data shall be encrypted at rest and in transit with controlled access. Unless otherwise stipulated, the Service Provider is responsible for encryption of the personal data. Any stipulation of responsibilities will identify specific roles and responsibilities and shall be included in the service level agreement (SLA), or otherwise made a part of this contract. d. Unless otherwise stipulated, the Service Provider shall encrypt all non- public data at rest and in transit. The public jurisdiction shall identify data it deems as non-pubic data to the Service Provider. The level of protection and encryption for all non-public data shall be identified and made a part of this contract.

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e. At no time shall any data or processes – that either belong to or are intended for the use of a public jurisdiction or its offers, agents or employees – be copied, disclosed or retained by the Service Provider or any party related to the Service Provider for subsequent use in any transaction that does not include the public jurisdiction. f. The Service Provider shall not use any information collected in connection with the service issued from this proposal for any purpose other than fulfilling the service.

2.4 Data Location
The Service Provider shall provide its services to the public jurisdiction and its end users solely from data centers in the U.S. Storage of public jurisdiction data at rest shall be located solely in data centers in the U.S. The Service Provider shall not allow its personnel or contractors to store public jurisdiction data on portable devices, including personal computers, except for devices that are used and kept only at its U.S. data centers. The Service Provider shall permit its personnel and contractors to access public jurisdiction data remotely only as required to provide technical support.

The Service Provider may provide technical user support on a 24/7 basis using a “Follow the Sun” model, unless otherwise prohibited in this contract.

2.5 Security Incident
Service Provider shall inform the public jurisdiction of any security incident or data breach.
a. Incident Response: The Service Provider may need to communicate with outside parties regarding a security incident, which may include contacting law enforcement, fielding media inquiries and seeking external expertise as mutually agreed upon, defined by law or contained in the contract. Discussing security incidents with the public jurisdiction should be handled on an urgent as-needed basis, as part of Service Provider communication and mitigation processes as mutually agreed upon, defined by law or contained in the contract. b. Security Incident Reporting Requirements: The Service Provider shall report a security incident to the appropriate public jurisdiction identified contact immediately as defined in the SLA.
c. Breach Reporting Requirements: If the Service Provider has actual knowledge of a confirmed data breach that affects the security of any public jurisdiction content that is subject to applicable data breach notification law, the Service Provider shall (1) promptly notify the appropriate public jurisdiction identified contact within 24 hours or sooner, unless shorter time is required by applicable law, and (2) take commercially reasonable measures to address the data breach in a timely manner.

2.6 Breach Responsibilities
This section only applies when a data breach occurs with respect to personal data within the possession or control of the Service Provider.

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a. The Service Provider, unless stipulated otherwise, shall immediately notify the appropriate public jurisdiction identified contact by telephone in accordance with the agreed upon security plan or security procedures if it reasonably believes there has been a security incident.
b. The Service Provider, unless stipulated otherwise, shall promptly notify the appropriate public jurisdiction identified contact within 24 hours or sooner by telephone, unless shorter time is required by applicable law, if it confirms that there is, or reasonably believes that there has been a data breach. The Service Provider shall (1) cooperate with the public jurisdiction as reasonably requested by the public jurisdiction to investigate and resolve the data breach, (2) promptly implement necessary remedial measures, if necessary, and (3) document responsive actions taken related to the data breach, including any post-incident review of events and actions taken to make changes in business practices in providing the services, if necessary.
c. Unless otherwise stipulated, if a data breach is a direct result of the Service Provider’s breach of its contract obligation to encrypt personal data or otherwise prevent its release, the Service Provider shall bear the costs associated with (1) the investigation and resolution of the data breach; (2) notifications to individuals, regulators or others required by state law; (3) a credit monitoring service required by state (or federal) law; (4) a website or a toll-free number and call center for affected individuals required by state law — all not to exceed the average per record per person cost calculated for data breaches in the United States (currently $201 per record/person) in the most recent Cost of Data Breach Study: Global Analysis published by the Ponemon Institute at the time of the data breach; and (5) complete all corrective actions as reasonable determined by Service Provider based on root cause; all [(1) through (5)] subject to this contract’s limitation of liability.

2.7 Notification of Legal Requests
The Service Provider shall contact the public jurisdiction upon receipt of any electronic discovery, litigation holds, discovery searches and expert testimonies related to the public jurisdiction’s data under this contract, or which in any way might reasonably require access to the data of the public jurisdiction. The Service Provider shall not respond to subpoenas, service of process and other legal requests related to the public jurisdiction without first notifying the public jurisdiction, unless prohibited by law from providing such notice.

2.8 Termination and Suspension of Service
a. In the event of a termination of the contract, the Service Provider shall implement an orderly return of public jurisdiction data in a CSV or Packet Page 115 of 575Attachment 2 Page 8 of 122

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another mutually agreeable format at a time agreed to by the parties and the subsequent secure disposal of public jurisdiction data. b. During any period of service suspension, the Service Provider shall not take any action to intentionally erase any public jurisdiction data. c. In the event of termination of any services or agreement in entirety, the Service Provider shall not take any action to intentionally erase any public jurisdiction data for a period of:
x 10 days after the effective date of termination, if the termination is in accordance with the contract period;
x 30 days after the effective date of termination, if the termination is for convenience;
x 60 days after the effective date of termination, if the termination is for cause.

After such period, the Service Provider shall have no obligation to maintain or provide any public jurisdiction data and shall thereafter, unless legally prohibited, delete all public jurisdiction data in its systems or otherwise in its possession or under its control.
d. The public jurisdiction shall be entitled to any post- termination assistance generally made available with respect to the services, unless a unique data retrieval arrangement has been established as part of the SLA.
e. The Service Provider shall securely dispose of all requested data in all of its forms, such as disk, CD/ DVD, backup tape and paper, when requested by the public jurisdiction. Data shall be permanently deleted and shall not be recoverable, according to National Institute of Standards and Technology (NIST)-approved methods. Certificates of destruction shall be provided to the public jurisdiction.

2.9 Background Checks
The Service Provider shall conduct criminal background checks and not utilize any staff, including subcontractors, to fulfill the obligations of the contract who have been convicted of any crime of dishonesty, including but not limited to criminal fraud, or otherwise convicted of any felony or misdemeanor offense for which incarceration for up to 1 year is an authorized penalty. The Service Provider shall promote and maintain an awareness of the importance of securing the public jurisdiction’s information among the Service Provider’s employees and agents.

2.10 Access to Security Logs and Reports
The Service Provider shall provide reports to the public jurisdiction in a format as specified in the SLA agreed to by both the Service Provider and the public jurisdiction. Reports shall include latency statistics, user access, user access IP address, user access history and security logs for all public jurisdiction files related to this contract.

2.11 Contract Audit
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The Service Provider shall allow the public jurisdiction to audit conformance to the contract terms. The public jurisdiction may perform this audit or contract with a third party at its discretion and at the public jurisdiction’s expense.

2.12 Data Center Audit
The Service Provider shall perform an independent audit of its data centers at least annually at its expense, and provide a redacted version of the audit report upon request. The Service Provider may remove its proprietary information from the redacted version. A Service Organization Control (SOC) 2 audit report or approved equivalent sets the minimum level of a third-party audit.

2.13 Change Control and Advance Notice
The Service Provider shall give advance notice (to be determined at the contract time and included in the SLA) to the public jurisdiction of any upgrades (e.g., major upgrades, minor upgrades, system changes) that may impact service availability and performance. A major upgrade is a replacement of hardware, software or firmware with a newer or better version in order to bring the system up to date or to improve its characteristics. It usually includes a new version number.

2.14 Security
The Service Provider shall disclose its non-proprietary security processes and technical limitations to the public jurisdiction such that adequate protection and flexibility can be attained between the public jurisdiction and the Service Provider.

For example: virus checking and port sniffing — the public jurisdiction and the Service Provider shall understand each other’s roles and responsibilities.

2.15 Non-disclosure and Separation of Duties
The Service Provider shall enforce separation of job duties, require commercially reasonable non-disclosure agreements, and limit staff knowledge of public jurisdiction data to that which is absolutely necessary to perform job duties.

2.16 Import and Export of Data
The public jurisdiction shall have the ability to import or export data in piecemeal or in entirety at its discretion without interference from the Service Provider. This includes the ability for the public jurisdiction to import or export data to/from other Service Providers.

2.17 Responsibilities and Uptime Guarantee
The Service Provider shall be responsible for the acquisition and operation of all hardware, software and network support related to the services being provided. The technical and professional activities required for establishing, managing and maintaining the environments are the responsibilities of the Service Provider. The system shall be available
24/7/365 (with agreed-upon maintenance downtime), and provide service to customers as defined in the SLA.

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2.18 Subcontractor Disclosure
The Service Provider shall identify all of its strategic business partners related to services provided under this contract, including but not limited to all subcontractors or other entities or individuals who may be a party to a joint venture or similar agreement with the Service Provider, and who shall be involved in any application development and/or operations.

2.19 Right to Remove Individuals
The public jurisdiction shall have the right at any time to require that the Service Provider remove from interaction with public jurisdiction any Service Provider representative who the public jurisdiction believes is detrimental to its working relationship with the Service Provider. The public jurisdiction shall provide the Service Provider with notice of its determination, and the reasons it requests the removal. If the public jurisdiction signifies that a potential security violation exists with respect to the request, the Service Provider shall immediately remove such individual. The Service Provider shall not assign the person to any aspect of the contract or future work orders without the public jurisdiction’s consent.

2.20 Business Continuity and Disaster Recovery
The Service Provider shall provide a business continuity and disaster recovery plan upon request and ensure that the public jurisdiction’s recovery time objective (RTO) of 24 hours/7days is met.

2.21 Compliance with Accessibility Standards
The Service Provider shall comply with and adhere to Accessibility Standards of Section 508 Amendment to the Rehabilitation Act of 1973.

2.22 Web Services
The Service Provider shall use Web services exclusively to interface with the public jurisdiction’s data in near real time when possible.

2.23 Encryption of Data at Rest
The Service Provider shall ensure hard drive encryption consistent with validated cryptography standards as referenced in FIPS 140-2, Security Requirements for Cryptographic Modules for all personal data, unless the public jurisdiction approves the storage of personal data on a Service Provider portable device in order to accomplish work as defined in the statement of work.

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Exhibit “A-2”

Product Schedule

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Packet Page 121 of 575Attachment 2 Page 14 of 122

CITY OF FAIRFIELD

TECHNOLOGY SOFTWARE-AS-A-SERVICE AGREEMENT

Rev. 6/17/2018
Exhibit “A-3”

Service Level Agreement

Packet Page 122 of 575Attachment 2 Page 15 of 122

Service Level Agreement
Section A: IT Maintenance, Outages, and Reporting Capabilities TRC maintains a robust system uptime which will be provided to Customer on our System Status page that is typically updated every fifteen (15) minutes. As a SaaS provider, our system will occasionally be offline due to (1) routine maintenance and (2) unexpected outages. We operate strict policies to provide rapid notification and immediate reconciliation to minimize or altogether prevent any impact to the platform. TRC will use commercially reasonable efforts to meet the obligations set forth in this SLA.

1. Routine Updates & Maintenance: TRC provides a technology platform that includes components which require occasional changes, fixes or other updates to maintain system stability, security and to provide the latest features. This may require the system to be offline for testing. All parties that will be impacted by planned maintenance should be informed a minimum of 7 days prior to the scheduled maintenance taking place. We will coordinate this with your assigned project lead.
a. We reserve the right to perform scheduled maintenance. b. System maintenance will take place outside of Standard Service Hours, when possible, to minimize impact on the service. We will coordinate any departure from the foregoing with your assigned project lead in advance.
c. All software will be developed in accordance with recognized quality assurance standards and the standards used will be stated.

2. Unexpected Issues & Outages: We will notify Customer if there is an unexpected software issue or critical failure.
a. TRC will provide system status updates via an active landing page that is updated every fifteen (15) minutes for issues classified as “Severe”, and every 60 minutes for all other incidents. Customer can subscribe to this status page to receive real time updates. This page will include the ability to view current system status of all TRC systems, view historical incidents, and subscribe to email, text, slack, and RSS feed updates for your stakeholders. You will receive an automatic notification when there is an unexpected system issue.
b. After any incident, Partner Success Managers will be available to communicate any follow-up information to Customers during scheduled meetings or through email. c. TRC will notify all impacted riders or drivers via the Rider or Driver App within 30 minutes for issues classified as “Severe”. TRC & Customer will mutually agree on the standard notice that will be used for severe notices. Non-severe issues can be communicated to riders at Customer’s request.

Packet Page 123 of 575Attachment 2 Page 16 of 122

d. Please note that 3rd party provider outages may impact our ability to resolve issues in an immediate manner. We will work with our 3rd party providers to resolve these issues promptly and will continue to provide incident updates. e. For the highest-level incidents, such as a system outage, technical staff will work 24/7 until the problem is resolved and service restored. TRC reserves the right to reasonably increase or decrease the priority level of an outage in its sole discretion. However, Customer can request an increase in the level of severity of an issue that will be promptly reviewed by TRC staff. In accordance with the service commitment provided in this SLA, TRC will use all commercially reasonable efforts to resolve all requests in accordance with the response times below.

Incident Priority Level Description Time to Response
Severe Service is unavailable or a
substantial subset of
functionality is unavailable
without a workaround,
security issues, or data
integrity issues.
30 minutes, 24x7x365
High Intermittent issues, issues with
system performance, and
issues with available
workarounds.
1 hour
Medium Any other bugs and issues that
are not considered as Severe
and High.
12 hours
Low Enhancements or feature
requests
1 business day

3. Reporting Capabilities:
a. The System shall provide reporting functions to permit Customer to access performance data and the achievement of the service goals.
b. TRC can provide performance reports at an agreed-upon cadence. Performance reports shall contain but are not limited to:
i. service levels against performance standards
ii. summary of all faults that occurred during the reporting period, including details not limited to:
o the time/date raised/occurred
o fault category
o impact of fault/duration of the outage
Packet Page 124 of 575Attachment 2 Page 17 of 122

Section B: Customer Support
TRC will provide Customer with ongoing customer support. This includes (1) in-app & dashboard chat support and email communication, (2) regularly scheduled meetings from implementation through launch, and (3) ongoing partner success support.

Technical support

1. All technical issues should be sent to TRC via intercom. Intercom is an instant messaging style platform directly integrated into the Rider App, Driver App, and Administrative Dashboard. a. TRC will use Intercom as its primary support channel of communication with Customer passengers, drivers and operators for technical issues. b. Intercom support will be available during all Customer service hours Non-technical inquiries from passengers will be answered using the call center service provided by Customer and/or the designated operator. Where TRC receives non-technical inquiries through Intercom, TRC will direct passengers to phone the call center to receive local support related to the service operations.

Service support

2. Launch support: TRC will host weekly project calls with Customer during the implementation process.

3. Ongoing Support: Post launch, TRC will continue to provide dedicated operational support from launch throughout the term of agreement. This will include direct ongoing support from a Partner Success Manager (PSM) in the following agreed ways:
a. Weekly Partnership Meetings
b. Email support Customer will provide names and contact information, including email addresses, for those who will be responsible for ongoing communication with TRC.

Your dedicated Partner Success Manager will assist with the following activities:
i. Performance Monitoring: Your PSM will actively monitor program performance and work closely with the Customer team to discuss metrics, trends, and operations.
ii. Product Education: Your PSM will be responsible for educating Customer staff on all new product features and provide training on any specific tool or feature as needed.
iii. Marketing: Awareness is crucial to program success. Your PSM will assign a Rider Growth Manager to act as an ongoing consultant to Customer and provide templates for print and digital marketing material that can support your agency- driven marketing initiatives.
iv. Escalated Customer Complaints: The PSM will be available to Customer via email for any escalated issues or customer complaints.

Packet Page 125 of 575Attachment 2 Page 18 of 122

Special notices
Customer may request custom notices to Riders by emailing the Partner Success Manager their request.

Customer will provide TRC at least 48 hours’ notice for any special notice requests.

Packet Page 126 of 575Attachment 2 Page 19 of 122

CITY OF FAIRFIELD

TECHNOLOGY SOFTWARE-AS-A-SERVICE AGREEMENT

Rev. 6/17/2018
Exhibit “A-4”

City’s Request For Proposal (RFP)

[See attached]

Packet Page 127 of 575Attachment 2 Page 20 of 122

1 CITY OF FAIRFIELD, CALIFORNIA

NOTICE TO QUALIFIED FIRMS

NOTICE IS GIVEN that the City of Fairfield will receive Proposals for:

On-Demand (Microtransit) and In-Advance (Paratransit) Scheduling, Dispatch, and Management Software
Introduction
The City of Fairfield’s transit system, FAST, (the City or FAST) is soliciting proposals from qualified Firms to provide software and related services to support an On-Demand Microtransit system and In-Advance Paratransit scheduling, dispatch and reservation software. The City is looking for a qualified Firm that can provide all deployment, system management, and technical needs as outlined in Attachment A for a Service described in Section 4 with specifications in Section 5 and features detailed in Section 7. The Firm must provide a platform that supplies an on-demand environment for managing and supporting one or both of FAST’s operations. In the event a single Firm cannot provide all components needed, FAST reserves the right to award to multiple Firms to meet the City’s needs.

Project Goals

1. Provide cost efficient and effective service so that FAST can serve as many people as possible with limited resources, including maximizing shared rides to the extent possible

2. Provide high quality customer service

3. Provide equitable service that benefits all populations, including disadvantaged populations

4. Attract new riders to public transit
Project Schedule
Task Date
RFP Release Wednesday, May 11, 2022
Pre-Proposal Conference (11:00am) Thursday, May 19, 2022 Questions Due Monday, May 30, 2022
City answers provided Friday, June 10, 2022
Proposals Due Thursday, July 7, 2022
Firm Interviews (week of) Monday, August 22, 2022
Highest Rated Firm Selected Thursday, September 1, 2022 City Council Approval Tuesday, October 18, 2022
Service Launch Saturday, February 4, 2023

Packet Page 128 of 575Attachment 2 Page 21 of 122

2 The City will not fund this project with federal monies. An electronic copy of the complete RFP document and support reference documents can be obtained by downloading the RFP from the Fairfield and Suisun Transit’s website ( https://fasttransit.org/about-us/rfprfqs/) .

Each proposal must be submitted in accordance with the requirements listed in the RFP package that is also on file at the FAST Administration Office, 2000 Cadenasso Drive, Fairfield, CA 94533.

Packet Page 129 of 575Attachment 2 Page 22 of 122

3 TABLE OF CONTENTS

SECTION 1: PURPOSE OF THE REQUEST FOR PROPOSAL .................................... 4 SECTION 2: INTRODUCTION AND BACKGROUND .................................................... 4 SECTION 3: INSTRUCTIONS TO PROPOSERS ........................................................... 4 A. SUBMITTAL ................................................................................................... 4 B. PRE-PROPOSAL CONFERENCE AND QUESTIONS REGARDING RFP.... 5 C. PROPOSAL CONTENTS ............................................................................... 6 D. PROPOSAL EVALUATION ............................................................................ 8 E. SELECTION PROCESS ................................................................................. 9 F. MODIFICATION OR CANCELLATION OF RFP .......................................... 10 G. NOTICE OF INTENT TO AWARD ................................................................ 10 H. FINAL DETERMINATION ............................................................................. 10 I. UNSUCCESSFUL PROPOSERS/SELECTION DISPUTES .......................... 10 J. INSURANCE REQUIREMENTS ................................................................... 10 SECTION 4: SERVICE OVERVIEW ............................................................................. 14 SECTION 5: SPECIFICATIONS ................................................................................... 17 SECTION 6: EXPERIENCE AND REFERENCES ........................................................ 22 SECTION 7: FEATURE CHECKLIST ........................................................................... 23 SECTION 8: PRICING SHEET ..................................................................................... 25 APPENDIX A: TECHNOLOGY SOFTWARE-AS-A-SERVICE (SAAS) DRAFT AGREEMENT ............................................................................................................... 26

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4 SECTION 1: Purpose of the Request for Proposal

The City of Fairfield (City) seeks to retain a qualified and committed technology Firm to provide software to book on-demand microtransit trips and in-advance paratransit trips to City of Fairfield residents. This ambitious project will include launching microtransit in the two zones described in the Service Overview (Section 4) and providing software for traditional ADA complimentary paratransit throughout the rest of the service area. In addition to providing the technology, the successful Firm will assist the City in marketing the services, training its administrative and operations staff, and providing ongoing customer support. In addition to the two new microtransit zones, the City also envisions replacing its existing reservation, scheduling, and dispatch system for its complementary paratransit service. It is anticipated that the microtransit service will grow to operate city- wide in mid-2023, and therefore, it is critical that any software solution proposed be able to reserve, schedule, and dispatch on-demand microtransit services as well as ADA- compliant paratransit services.

SECTION 2: Introduction and Background

The City of Fairfield is the county seat in Solano County, California. The City is currently growing at a rate of 0.39% annually, reaching its highest population of 118,043 in 2021.

Spanning over 41 miles, Fairfield has a population density of 2,866 people per square mile and approximately 38,000 housing units as of 2020.

Solano County is one of the most diverse counties in the United States, and Fairfield and Suisun City demographics reflect that diversity with both cities having significant Hispanic, Black, and Asian populations.

The City of Fairfield’s transit system is Fairfield and Suisun Transit (FAST), and the City of Fairfield has operated service since 1975. FAST currently operates eight (8) local fixed routes in Fairfield. FAST also provides DART ADA complementary paratransit service within Fairfield and Suisun City. DART service within Suisun City will cease December 31, 2022. MV Transportation is the operating contractor for FAST local and paratransit services.

The COVID-19 pandemic has fundamentally changed the way transit has traditionally operated, and FAST was no exception to coronavirus service impacts. In December 2020, FAST began a Comprehensive Operational Analysis (COA) of its fixed route, paratransit, and local taxi services known as FAST Forward. The COA’s recommends select lesser utilized fixed routes be replaced with on-demand microtransit to provide Fairfield residents with a more personalized, efficient, and responsive transit option.

SECTION 3: Instructions to Proposers

A. SUBMITTAL

Proposals must be submitted electronically via email to Shaun Vigil Packet Page 131 of 575Attachment 2 Page 24 of 122

5 ([email protected]). Proposals should be titled: “[Name of Firm] On-Demand/In- Advance Scheduling System – Technical Proposal.” “Firm Name” must be the name of the prime Firm. The technical proposal should include Parts 1-3 per Section C.

The Pricing Sheet included as Section 8 of this solicitation must be electronically submitted in a separate file titled: “[Name of Firm] On-Demand/In-Advance Scheduling System – Pricing Sheet.” “Firm Name” must be the name of the prime Firm.

The Cost Proposal file will not be opened until each submitted Technical Proposal has been carefully reviewed and evaluated, and the highest ranked Firm has been selected.

The Cost Proposal will form the basis of contract negotiations.

Technical and Cost Proposal submissions will be accepted until 4:00 p.m. PST on Thursday, July 7, 2022. The timeliness of proposal submission is the sole responsibility of the Firm.

The Technical Proposal should not exceed thirty (30) double-sided pages. The page limitation does not apply to the following sections:

x Part 2 – Product Documentation (all other technical proposal sections are included in the page count)
x Section 7 – Feature Checklist
x Section 8 – Pricing Sheet

Any proposal not received by the specified date and time will be automatically rejected and will not receive further consideration by the City. The City reserves the right to reject all proposals, disqualify nonconforming or incomplete proposals at its sole discretion, waive deviations from the RFP, and determine whether Firms are qualified. A proposal may be deemed incomplete unless all requirements identified below in Section C of this RFP are submitted to the City as prescribed above.

All proposals submitted to the City in response to this RFP shall become the property of the City and will not be returned and such proposals are subject to the California Public Records Act.

Proposals shall be valid for a minimum of 120 calendar days following submission.

B. PRE-PROPOSAL CONFERENCE AND QUESTIONS REGARDING RFP

A non-mandatory, virtual pre-proposal conference will be held on Thursday, May 19, 2022 at 11:00am. It is highly recommended that interested Firms attend this meeting.

Please RSVP no later than May 17, at 11:00 a.m. PST to Shaun Vigil ([email protected]) to confirm attendance.

Packet Page 132 of 575Attachment 2 Page 25 of 122

6 Questions regarding any part of the RFP may be submitted in writing via email to Shaun Vigil at [email protected]. All email correspondence shall use the title Fairfield and Suisun Transit On-Demand/In-Advance Scheduling System-RFP in the subject line. All written requests for RFP clarifications must be received by 4:00 p.m. PST on May 30, 2022. The City will provide clarification throughout the procurement period.

No contact with City staff or Councilmembers is permitted. Only information received through the official question and answer process may be relied upon by the Proposer.

C. PROPOSAL CONTENTS

To facilitate evaluation of the proposal, Firms are required to adhere to the following format:

Part 1 – Company and Product Overview

1. Transmittal Letter: The Firm must submit one original Transmittal Letter of no more than three (3) pages signed by an official authorized to solicit business and enter into contracts for the proposing Firm. The Transmittal Letter must include:

x Years in business
x Executive Team (c-suite or similar)
x Organization chart of submitting Firm
x Authorized official’s name, title and contact information

The Transmittal Letter must also include the Firm’s valid Federal Taxpayer Identification Number (FEIN).

2. Section 6 – Experience and References: Complete Section 6 providing at least five (5) projects either in progress or completed within the last three years. Projects that have been awarded but not yet in service are not eligible experience. The City reserves the right to visit and contact any or all the references listed in Section 6.

3. Product Overview: Provide an overview of the product of no more than five (5) pages including key features, unique selling proposition and key Firm differentiators.

4. Exceptions to Software as a Service Agreement: The Firm must state in writing any exceptions it has to provisions of the Software as a Service Agreement attached in Appendix A. If such exceptions exist, the Firm must provide alternative language to address any exceptions, which will be taken under consideration by the City.

The contact names provided with the project descriptions will be considered references and may be contacted. The information provided must be up-to-date or the proposal may be considered nonresponsive.

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7 Part 2 – Project-specific work plan and feature overview Please provide details on how your product will meet FAST’s needs for this project.

Specific examples are highly recommended.

1. Technical approach – Explain how the solution meets the specifications outlined in Attachment A of this solicitation.

2. Commingling of Demand Responsive Services – Please provide as part of your proposal submittal best practices and experience on how FAST can continue to meet ADA standards while commingling microtransit and paratransit services using the Firm’s technology. If Firm has successfully replaced paratransit with on-demand shuttles previously, please specify how the Firm ensured its technology and reporting met ADA complementary paratransit requirements. We are requesting Firms be highly specific in this area. Providing written documentation from existing clients along with recent experience commingling paratransit and microtransit services is highly advised.

3. Section 7 – Feature Checklist – Firms are required to complete Section 7 of this RFP, the Feature Checklist, and provide information on any features missing from their products and best practices of how to achieve the same results with the Firm’s features.

4. Product Documentation: Provide the following documents as attachments to the Proposal (this information is not included in the page count).

1. System setup manual

2. Driver training manual

3. Dispatcher training manual

4. User stories – how will users interact with the solution (1-page each maximum)
a. Dispatcher
b. Driver
c. Manager (administrative)
d. Paratransit user
e. Fixed-route user
f. New rider
g. Commuter

Part 3 – Training, Deployment and Ongoing Support

1. Deployment Plan – Provide a plan to deploy the solution including at a minimum:

A. Project Implementation Schedule that adheres to the City’s schedule.

B. Marketing and outreach approach – Explain how the Firm will assist FAST in marketing the service to grow ridership.

C. Software cutover approach – Explain how the Firm will assist City transition from existing solution to new solution.

Packet Page 134 of 575Attachment 2 Page 27 of 122

8 2. Training Plan – Explain Firm’s approach to training and educating City staff on proper usage of the solution.

3. Post-launch support approach – Describe how the Firm will support the project after launch.

4. System expansion – Describe the Firm’s approach to system expansion from Phase 1 to Phase 2 but also within Phase 1 if budget allows.

5. Feature exception/alternatives – Only list features that the solution is incapable (marked “no” on Section 7 worksheet) of completing. For each feature that Firm’s solution cannot address, describe alternative or approximate date when feature will be deployed.

Part 4 – Cost Proposal

2. Cost Proposal: Provide a completed Pricing Sheet (Section 8).

The Cost Proposal must be electronically submitted as a separate file titled “[Name of Firm] On-Demand/In-Advance Scheduling System – Pricing Sheet.” “Name of Firm” must be the name of the prime Firm.

D. PROPOSAL EVALUATION

Proposals shall first be reviewed using a Pass/No Pass approach to qualify Firms to move onto proposal review and scoring. Only those proposals that pass the criteria shall proceed to the Technical Criteria evaluation stage. Each passing proposal will then be scored against the Technical Criteria cited below.

Pass/No Pass Criteria
x Section 6 – Complete and Accurate Firm Experience. FAST expects that Firms must have a track record of managing real-time and in-advance bookings and on demand routing.
x Section 7 – Feature Worksheet. Firms must have launched on demand technologies for agencies or municipalities that operate fixed route and paratransit services and replaced either with on demand technology provided by the Firm. FAST also expects firms to be able to launch technology for multiple shuttle zones and potentially operators. It should be noted that FAST currently only has one operator and multiple operators are not envisioned, however, in order to future-proof the solution, FAST is requiring the successful solution to be multi-operator capable.

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9 x Exceptions to Software as a Service Agreement – Those proposals that include exceptions to the Software as a Service Agreement attached as Appendix A that are deemed unacceptable to the City or proposals that do not meet the proposal format requirements may be eliminated at the City’s discretion. Eliminated proposals will not proceed any further in the evaluation.

The City reserves the right to waive the Pass/No Pass evaluation and move directly to the Technical Criteria evaluation.

Technical Criteria
Criteria Detail Scoring
Technical Approach
Firm’s approach to meeting the
requirements in this document and
achieving the City’s goals.
40 points
Qualifications/experience Firm’s experience (Section 6) deploying solutions for similar types of needs. 15 points
Training/Deployment/Support Proposer’s training plan, deployment plan, and support plan 30 points
Pricing
(B-A)/A] x C = Final Pricing Score
A—the lowest Offeror's cost.

B—the Offeror's cost being scored.

C—the maximum number of cost points available.

Note: If the formula results in a negative number (which will occur when the Offeror's cost is more than twice the lowest cost), zero points shall be assigned.
15 points

E. SELECTION PROCESS

The selection process will consist of the following:

1. An Evaluation Committee (comprised of 3-5 City staff with the support of an outside subject matter expert) will conduct the Pass/No Pass review. Proposals will move on to the technical review and will be ranked to develop a shortlist of finalists. The City reserves the right to request additional information that, in the City’s opinion, is necessary to ensure the Firm’s competence, qualified employees, business organization and financial resources are adequate for the performance of the services under this RFP.

2. Finalists will be invited to make an oral presentation to the Evaluation Committee.

3. The Evaluation Committee shall use the additional information gathered in oral interviews to update their score. The pricing of the highest rated Firm will then be reviewed and compared to the independent cost estimate developed for this project.

Packet Page 136 of 575Attachment 2 Page 29 of 122

10 4. The City will attempt to negotiate a mutually satisfactory agreement with the highest-ranking Firm. If an agreement cannot be reached with the highest-ranking Firm, the City will attempt to negotiate an agreement with the second highest- ranking Firm, and so forth.

5. Approval of the Proposer recommended by City staff will be submitted to the City Council with a recommendation for award of the contract. The Software as a Service Agreement to be used for the project is attached as Appendix A.

F. MODIFICATION OR CANCELLATION OF RFP

The City of Fairfield reserves the right to adjust the RFP schedule and/or cancel the RFP process at any time without prior notice. The City is not liable for any costs incurred to prepare the proposal.

G. NOTICE OF INTENT TO AWARD

Once the Evaluation Committee has successfully negotiated an agreement with the Firm, City staff will send the recommended Firm three (3) original copies of the Software as a Service Agreement. Upon receiving these documents, the recommended Firm shall sign all three (3) copies of the Software as a Service Agreement and return them to City within five (5) business days. All insurance documentation is to accompany submittal of the Software as a Service Agreement.

H. FINAL DETERMINATION

The Evaluation Committee will forward its recommendation for the contract award along with the three (3) signed copies of the Agreement to the Fairfield City Council. After review and consideration of this recommendation, the City Council has the discretion to: 1) award the contract, or 2) reject all proposals.

I. UNSUCCESSFUL PROPOSERS/SELECTION DISPUTES

After the Evaluation Committee finalizes its recommendation, the unsuccessful Firms will be notified of the City’s intent to recommend the City Council award the contract to the recommended Firm.

Unsuccessful Firms will be debriefed upon their written request. Debrief requests must be submitted to City staff within five (5) business days after City Council award of contract.

J. INSURANCE REQUIREMENTS

Service Provider shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Service Provider, its agents, representatives, or employees.

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11 1) MINIMUM SCOPE AND LIMITS OF INSURANCE

a) 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. If Commercial General Liability or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.

b) Automobile Liability coverage (Form CA 00 01 with Code 1 – any auto) with minimum limits of $1,000,000 per accident for bodily injury and property damage.

c) Workers’ Compensation insurance as required by the State of California and Employers’ Liability insurance, each in the amount of $1,000,000 per accident for bodily injury or disease.

2) INDUSTRY SPECIFIC COVERAGES

If checked below, the following insurance is also required.

Cyber Liability Insurance in the minimum amount of $1,000,000 per occurrence.

3) INSURANCE PROVISIONS
a) DEDUCTIBLES AND SELF-INSURED RETENTIONS. Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Service Provider shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses.

b) The general and automobile liability policies (and if applicable, cyber liability, garage keepers liability and builder’s risk policies) are to contain, or be endorsed to contain, the following provisions:

i) The City, its officers, officials, employees and volunteers are to be covered as insureds as respects: liability arising out of work or operations performed by or on behalf of the Service Provider; products and completed operations of the Service Provider; premises owned, occupied or used by the Service Provider; and automobiles owned, leased, hired or borrowed by the Service Provider. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers.

X
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12 ii) For any claims related to this project, the Service Provider’s insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insured maintained by the City, its officers, officials, employees or volunteers shall be excess of the Service Provider’s insurance and shall not contribute with it.

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

iv) The Service Provider’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.

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

Therefore, the requirements for coverage and limits shall be (1) the minimum coverage and limits specified in this agreement, or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named insured, whichever is greater.

c) ACCEPTABILITY OF INSURER. Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City.

d) VERIFICATION OF COVERAGE. Service Provider shall furnish the City with original endorsements effecting coverage required by this Section J. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms equivalent to CG 20 10 11 85 subject to City approval. All insurance certificates and endorsements are to be received and approved by the City before work commences, these documents must be submitted electronically through the Exigis insurance system, certificates- [email protected]. At the request of the City, Service Provider shall provide complete copies of all required insurance policies, including endorsements effecting the coverage required by these specifications.

e) SUB-CONTRACTORS. Service Provider shall require all subcontractors to procure and maintain insurance policies subject to the requirements of this Section J.

Failure of Service Provider to verify existence of sub-contractor’s insurance shall not Packet Page 139 of 575Attachment 2 Page 32 of 122

13 relieve Service Provider from any claim arising from sub-contractors work on behalf of Service Provider.

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14 SECTION 4: SERVICE OVERVIEW

Service Area and Other Key Project Details

The proposed microtransit pilot zones feed key locations and fixed routes throughout the FAST service area. Maps of the two (2) proposed service areas are shown below.

FAST will initially start with these two service areas and may add new areas in the future. Service in both zones will be commingled on-demand microtransit and paratransit. FAST will provide all vehicles (4 in Phase 1 and up to 3 more in Phase 2) and operators and dispatch support through its current contractor MV Transportation. It should be noted that these zones are preliminary only.

FAST expects to finalize the locations prior to the award. However, we expect the successful solution to be flexible enough to include features that allow timed connections to fixed route and stops at existing locations.

Phase 1 – Initial Zones

Zone 1 – Cordelia/Green Valley
Zone 1 is in the southwest portion
of FAST’s service area currently
served by Route 8. The zone will
include connections to the Fairfield
Transportation Center (FTC),
Solano County Health and Human
Services, Solano Town Center,
Cordelia Library, and other
locations. There is no comparable
fixed route service in the Green
Valley region. We expect the
successful technology provider to
determine where boarding and
alighting locations for the on-
demand service are placed.

Service Span
6 a.m. – 8 p.m. Weekdays
8 a.m. – 6 p.m. Saturdays
No service on Sundays

Estimated Revenue Hours per
Day
Up to 28.2 on Weekdays
Up to 20.4 on Saturdays

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15 Rider Experience
Wait times of less than 20 minutes
Travel times of less than 30 minutes

Zone 2 – Southeast Fairfield/ Travis Air Force Base
Zone 2 will replace current Routes 2 and 4 and provide service to the Southeast and Central portions of the City, plus on-demand service to the Travis Air Force Base front gate, David Grant Medical Center, and the Fairfield-Vacaville Train Station. The service will connect riders to key locations outside the zone such as the Solano Town Center and Fairfield Transportation Center. This zone may expand north to portions of Paradise Valley and to Paradise Valley Estates. In that event, an additional vehicle would be added to manage the increased demand.

Service Span
6 a.m. – 8 p.m. Weekdays
8 a.m. – 6 p.m. Saturdays
No service on Sundays

Estimated Revenue Hours per Day
Up to 28.2 on Weekdays
Up to 20.4 on Saturdays

Rider Experience
Wait times of less than 20 minutes
Travel times of less than 30 minutes

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16 In addition to the Zones listed above, the software solution must be able to provide service-area wide complementary paratransit reservationing, dispatch, and system management.

Phase 2 – Service Expansion

FAST intends to expand on-demand microtransit throughout its service area in mid- 2023. As part of this expansion, proposals will be considered that would provide reservation, dispatch, and system management microtransit and paratransit services in separate modules or that would provide a reservation, dispatch, and system management of both services in a commingled fashion.

Project Duration
FAST anticipates a 2-year project term, with three 1-year options.

Proposed Project Timeline

The City of Fairfield reserves the right to adjust the below schedule as circumstances warrant.

Task Date
Highest Rated Firm Selected September 1, 2022
City Council Approval October 18, 2022
Phase 1 Service Launch February 4, 2023
Phase 2 Service Launch Mid-late 2023

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17 SECTION 5: Specifications
A. Project Overview
The City of Fairfield is releasing this request for proposals (RFP) to procure an on- demand and in-advance scheduling, dispatch and management solution (“Mobility Platform”) to manage all services that are not run as a traditional fixed-route on fixed-schedule using a single product (this may include multiple modules within the same product), in the form of Software as a Service (SaaS). The Mobility Platform will be required to accomplish the following functions:

1. Design, launch and manage flexible/ on-demand general public demand response transit (DRT)/microtransit services as specified in Section 2.

2. Manage specialized demand response services and ADA paratransit services as specified in Section 3.

B. Project Goals

1. Provide cost efficient and effective service so that FAST can serve as many people as possible within available resources, including the ability to maximize shared rides to the extent possible.

2. Provide high quality customer service.

3. Provide equitable service that benefits all populations, including disadvantaged populations.

4. Attract new riders to public transit.

C. General Public Demand Response and Microtransit Service Specifications The Mobility Platform will support a range of DRT/microtransit services including but not limited to the following:

1. Point-to-point / Zone-based Service: refers to point-to-point service designed to serve residents within a defined geographic service zone.

2. Fixed-route Connector / Feeder: refers to a demand responsive service that is primarily designed to serve a defined checkpoint on a fixed route network (stop or station), often acting as a first/last mile connector service.

3. ADA Paratransit Alternative: services specifically designed to serve customers that qualify for ADA paratransit but exceed the criteria as defined in the ADA paratransit regulations in 49 CFR 37 ( https://www.transit.dot.gov/regulations-and- guidance/civil-rights-ada/part-37-transportation- services-individuals-disabilities).

These services will include in-advance and will-call trip requests.

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18 Examples are:
i. Utilization of consumer choice model to provide same day service; and ii. Providing service to previously certified ADA eligible customers that may not be within a »PLOHEXIIHURIDIL[HGURXWH
HJGXHWRIL[HGURXWHVHUYLFH
reduction) and eventually offering ADA-eligible customer service citywide.

D. ADA Paratransit Service Specifications
The Mobility Platform will support paratransit services as follows:

1. Scheduling
i. The system shall provide the capability to manually override details of scheduled trips where needed to meet ADA standards, including negotiation window.
ii. The system shall notify the dispatch representatives or the customer upon booking when the number of permitted trips for a pre-determined timeline for a specific billing code has been reached.
iii. The system shall notify the customer service representative upon booking if a customer is approaching the expiration of their eligibility status. iv. The system shall notify the customer of an approaching expiration date via a message on website and mobile app, and voice message on the IVR upon booking.
v. The system shall permit the booking of subscription trips. a. The system shall at least provide daily, weekly, and monthly subscription trip booking options.
b. The system shall permit the suspension of subscription trips by entering the start date and end date of the suspension period. c. The system shall automatically suspend subscription trips on non- service days such as holidays.
d. The system shall notify the customer when a subscription trip has been suspended via a message on website and mobile app, and voice message on the IVR.
e. The system shall notify the customer the duration of which a subscription trip has been suspended via a message on website and mobile app, and voice message on the IVR.

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19 vi. The system shall prioritize scheduling of ADA paratransit trips. Also, ADA paratransit trips, once scheduled, shall be anchored (i.e., not modified) during batch or continuous optimization process.
vii. The system shall allow booking of return trip upon customer request and shall automatically fill out the information using the previous original trip information.
viii. Return trips should be bookable with the original outbound trip request.

2. Operations Management
i. The system shall allow management of trips in real-time as described. All operations management functions shall strictly follow the guidelines as required for the management of ADA paratransit trips.
ii. The system shall provide the capability to manually override where needed to meet ADA service standards.
iii. The system shall permit manual overriding of trip negotiations when necessary to meet ADA standards.
iv. The system shall automate violation notices issuance upon the day of violation.
v. The system shall provide a printable version of the automated notice that will include the customers’ mailing address.
vi. The system shall provide a daily report of trip violations where all printable notices will be accessible.

3. Clipper 2 Paratransit Requirements
The Metropolitan Transportation Commission (MTC), along with transit operators in the greater San Francisco Bay Area, is in the process of implementing the Next Generation Clipper® Fare Collection System (“Clipper”), an account-based regional fare collection system designed to replace the existing card-based system. The new system is expected to be operational in 2023 and includes the development of a standardized application programming interface (API) to integrate with paratransit scheduling and dispatch systems. This interface will allow fares for a trip booked through a paratransit scheduling system to be paid from the customer’s Clipper account.

To support this integration, the paratransit scheduling and dispatch software system shall include the following:

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20 i. An interface with the new Clipper system through a bi-directional application programming interface (API), to be defined by the Clipper contractor, Cubic Transportation Systems.
ii. Functionality to:
a. Associate a customer’s paratransit account and/or booking with the customer’s Clipper account number, and store that account number as a payment method;
b. Determine and record, at the time of booking, the applicable fare for the paratransit trip;
c. Issue and receive a Clipper account balance check via the API, at the time of booking, to confirm that the Clipper account is valid and has sufficient balance or a valid fare product for the trip; d. Issue a payment request via the API for the value of the trip to the Clipper system upon a trip being successfully performed; e. Issue a fee or charge for a no-show via the API (this feature may or may not be used, but the functionality is required);
f. Issue a Clipper account credit via the API; and
g. Receive confirmation for all actions issued.
iii. Ability to access Clipper websites using the paratransit dispatch workstation (no direct application integration is required, but operations staff must be able to use the same workstation for dispatch functions and for obtaining Clipper customer service information).

Additionally, the paratransit scheduling and dispatch software Contractor shall:
i. Participate in periodic technical discussions and coordination with MTC, its technical representatives, and representatives from the Clipper contractor (Cubic);
ii. Provide test software, portals, or simulators to the Clipper contractor to test the operation of the API; and
iii. Participate in joint software and API design, development, testing, and implementation with the Clipper contractor.

E. Implementation Services

The successful firm shall be responsible for the following project management tasks:

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21 1. Providing a functionality matrix identifying key features.

2. Developing and implementing a training plan.

3. Designing and testing the system.

4. Providing a rollout plan for each phase.

5. Providing and having approved a service level agreement for support (SLA).

6. Supporting FAST’s marketing efforts.

7. Providing ongoing technical support.

[Remainder of Page Intentionally Left Blank]

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SECTION 6

EXPERIENCE AND REFERENCES
Client
(Agency/Business)
Contact
(name/email/phone)
Location
(City/State)Contract Start Date Contract End Date Number of Vehicles Average Daily Trips (Contract Start)
Average Daily Trips
(Contract Start +6 mos)
22 Packet Page 149 of 575Attachment 2 Page 42 of 122

SECTION 7

FEATURE CHECKLIST
Feature Exceptions/Alternatives
Feature Criteria Function Yes No If No describe alternative or approximate date when feature will be deployed
Graphical user interface to create service area(s) including ability to exclude areas from geofenced region Solution should be cloud based - no backoffice hardware should be required System sandbox to test new regions and train system administrators Ability for parameters to be set into system for 30-minute window as required by ADA Ability to input client eligibility information for ADA Ability to assign and remove vehicles to/from the service Ability to ensure service complies with Wage Order 9
Ability to assign vehicles to multiple zones
Manual control or override to shift rides from one vehicle to another or other reasons The ability to adjust different service times for different service areas Secure authorization for various levels of the daily management team Ability to add and remove vehicles on demand
Field supervision interface to monitor and make changes to vehicles currently in operation Ability to playback trips for any vehicle up to 30 days Provide information about offline and not in service vehicles Heat maps of pickups and drop offs to pre-position vehicles Travel Time
Wait Time
Number of Vehicles and optimization of vehicle miles traveled Service Area
Ability to customize algorithm by time of day and geofenced location Capture National Transit Database (NTD) data and provide required reports Capture key performance indicators set by FAST - at a minimum will include productivity, key paratransit metrics, etc Detailed fare information
Heat maps of pickups/drop offs and staging
App usage statistics including but not limited to (opens/closes, usage) Ability to download all raw data
Creation of 5-6 custom reports
Pull reports for trip denials, missed trips and excessively long trips as defined by the American Disabilities Act (ADA) Ability to create and export a GTFS-Flex feed
Interface for Agency to communicate directly with passengers based on location, origin, destination, email address, disruption, etc.

Automated messages that provide information to riders for any reason including areas such as cancelations due to vehicle capacity Ability to distribute promotion codes
Custom and canned push notifications
Ability for Agency to create targeted marketing campaigns to riders of the system Agency branded application
Free app located on Android or Apple App store
Service only viewable to riders
Authentication using “Sign on with Apple” or “Sign on with Google” or other agency approved method Display map with active vehicles upon login
Book a ride through the agency-branded Providers’ app or through the agency call center with Agency able to easily utilize existing customer account information
Ability for agency to provide either pooling/shared stops or door to door stops including walking directions for riders in the event of pooled stops Ability to walk up to vehicle, board and pay
Ability to book in advance and for multiple days
Ability to book for multiple riders
Ability to book trips on demand
Provide ETA prior to confirming a trip
Ability to include key information on rider profile such as wheelchair or bike rack needs Show vehicles in real-time moving on the map
Accessibility functions including voice over/text to speech Ability to add equipment details as needed for ADA
Ability to add a service animal
Ability to show actual ETA for drop off and vehicle location based on traffic and other real-time conditions Feature Checklist
System ManagementApp Discovery and LoginBooking and RidingRider InterfaceSystem SetupDaily ManagementAlgorithm CustomizationData Collection and ReportingCommunications with Riders23 Packet Page 150 of 575Attachment 2 Page 43 of 122

SECTION 7

FEATURE CHECKLIST
Feature Exceptions/Alternatives
Feature Criteria Function Yes No If No describe alternative or approximate date when feature will be deployed
Feature Checklist
Include links back to Agency sites to provide riders with information Integration with Token Transit
Ability to pay cash
Ability to integrate in the future with Clipper 2
Fare payment to be collected at time of boarding
Rider account setup storing payment preference and other key information securely Provide feedback on trip and driver
Links to Providers’ customer service for technical support (app issues, login issues, etc) Links to Agency for trip issues (delays, events, lost and found, etc) Display information on ride history, payment, and other key data points Share app with new riders to get rewards
Ability to share ride with social media or send ETA to a contact Simple sign on/off
Mid-trip relief sign on/off
Ability for dispatch or driver to pause and unpause service Administration to prevent drivers from deactivating service Provide and receive canned messages from dispatch
Report issues with ride or client to dispatch
Provide driver activity metrics (in service, travel, wait times, etc) Provide guidance on where to stop
Provide continuously updated, turn-by-turn directions
Provide guidance to customer that vehicle is on location with customizable (only by central management) timing window before vehicle departs Prevent distracted driving
Provide a “can’t see rider/no show” option
React to service anomalies such as a route deviation, unexpected traffic, vehicle breakdowns, and accidents Provide “e-manifest” including next trip or next several trips Incorporate predictive logic to identify and address potential problems before they occur Confirm a pre-booked passenger
Identify the rider as the account holder and person who booked the trip Ability to add family accounts or caretake accounts
Confirm that the rider has been picked up
Group notifications in the event of multiple pickups/drop offs Boarding and no showing of riders must be made only within prescribed distance of pickup/drop off location Hardware on vehicles must be vibration and shock resistant Hardware should interface with existing vehicle connections (i.e. power) Hardware should be updatable over the air
Hardware should use modern mobile operating system (IOS/Android) Hardware should be replaceable by FAST
Hardware should observe a 99% uptimeCustomer ServiceSocial/Sharing Fare Payment In VehicleHardwareAdministrationRoutingIn ServiceDriver Interface24 Packet Page 151 of 575Attachment 2 Page 44 of 122

SECTION 8

PRICING SHEET
Option
Year Deployment
Vehicle
Hardware
(Installation
included)
Training
Rider App
Software
License
Driver App
Software
License (4
vehicles)
Admin Console
Software
License
Reporting Warranty Customer
Service Total
Additional Per
Vehicle Cost for
each vehicle > 4
Year 1 -$
Year 2 -$
Option Year 1 -$
Option Year 2 -$
Option Year 3 -$
Total -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ Option
Year Deployment
Vehicle
Hardware
(Installation
included)
Training
Rider App
Software
License
Driver App
Software
License (3
vehicles)
Admin Console
Software
License
Reporting Warranty Customer
Service Total
Additional Per
Vehicle Cost for
each vehicle > 3
Year 1 -$
Year 2 -$
Option Year 1 -$
Option Year 2 -$
Option Year 3 -$
Total -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ Authorized Signature
Date
Firm Fixed Price For Three (3) vehicles for Phase 2
Solution Provider
Firm Fixed Price For Four (4) vehicles for Phase 1
25 Packet Page 152 of 575Attachment 2 Page 45 of 122

26 Appendix A: Technology Software-as-a-Service (SaaS) Draft Agreement

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Rev 6/17/2018

CITY OF FAIRFIELD
TECHNOLOGY SOFTWARE-AS-A-SERVICE (SaaS) AGREEMENT WITH

VENDOR NAME HERE

This AGREEMENT is made at Fairfield, California, as of ______________, 20__ (the “Effective Date”), by and between the City of Fairfield, a municipal corporation (the “City") and _________________ ("Service Provider”), who agree as follows:

3) FACILITIES AND EQUIPMENT. Service Provider shall, at its sole cost and expense, furnish all facilities and equipment which may be required for furnishing Services pursuant to this Agreement.

6) EXHIBITS. All exhibits referred to herein are attached hereto and are by this reference incorporated herein.

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CITY OF FAIRFIELD

TECHNOLOGY SOFTWARE-AS-A-SERVICE AGREEMENT

Rev. 6/17/2018

EXECUTED as of the day first above-stated.

City of Fairfield, a municipal corporation

By:
(signature)

Printed: ______________________________

Service Provider

By:
(signature)

Printed: ______________________________

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CITY OF FAIRFIELD

TECHNOLOGY SOFTWARE-AS-A-SERVICE AGREEMENT

Rev. 6/17/2018
EXHIBIT “A”

SCOPE OF SERVICES

Services are described more particularly in the following exhibits, which comprise this Exhibit A:

CITY OF FAIRFIELD

TECHNOLOGY SOFTWARE-AS-A-SERVICE AGREEMENT

Rev. 6/17/2018
Exhibit “A-1”

Statement of Work

1.0 DEFINITIONS: In this Agreement, the following terms have the following meanings, and all other capitalized terms have the meaning given to them elsewhere in this Agreement:

CITY OF FAIRFIELD

TECHNOLOGY SOFTWARE-AS-A-SERVICE AGREEMENT

Rev. 6/17/2018
(FERPA), as amended, 20 U.S.C. 1232g, records described at 20 U.S.C. 1232g(a)(4)(B)(iv) and employment records held by a covered entity in its role as employer.

1.09 “Public Jurisdiction” means the City of Fairfield.

1.11 “Public Jurisdiction Identified Contact” means the person or persons designated in writing by the public jurisdiction to receive security incident or breach notification.

1.14 “Service Provider” means the contractor and its employees, subcontractors, agents and affiliates who are providing the services agreed to under the contract.

CITY OF FAIRFIELD

TECHNOLOGY SOFTWARE-AS-A-SERVICE AGREEMENT

1.16 “Statement of Work” is a written statement in a solicitation document or contract that describes the public jurisdiction’s service needs and expectations.

2.0 DESCRIPTION OF SERVICES

2.1 Scope of Services
The scope of services to be performed by Service Provider under this Agreement is as described in this Statement of Work in Exhibit A of this Agreement.

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CITY OF FAIRFIELD

TECHNOLOGY SOFTWARE-AS-A-SERVICE AGREEMENT

The Service Provider may provide technical user support on a 24/7 basis using a “Follow the Sun” model, unless otherwise prohibited in this contract.

2.6 Breach Responsibilities
This section only applies when a data breach occurs with respect to personal data within the possession or control of the Service Provider.

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CITY OF FAIRFIELD

TECHNOLOGY SOFTWARE-AS-A-SERVICE AGREEMENT

CITY OF FAIRFIELD

TECHNOLOGY SOFTWARE-AS-A-SERVICE AGREEMENT

2.11 Contract Audit
Packet Page 162 of 575Attachment 2 Page 55 of 122

CITY OF FAIRFIELD

TECHNOLOGY SOFTWARE-AS-A-SERVICE AGREEMENT

For example: virus checking and port sniffing — the public jurisdiction and the Service Provider shall understand each other’s roles and responsibilities.

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CITY OF FAIRFIELD

TECHNOLOGY SOFTWARE-AS-A-SERVICE AGREEMENT

Rev. 6/17/2018

2.21 Compliance with Accessibility Standards
The Service Provider shall comply with and adhere to Accessibility Standards of Section 508 Amendment to the Rehabilitation Act of 1973.

2.22 Web Services
The Service Provider shall use Web services exclusively to interface with the public jurisdiction’s data in near real time when possible.

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CITY OF FAIRFIELD

TECHNOLOGY SOFTWARE-AS-A-SERVICE AGREEMENT

Rev. 6/17/2018

Exhibit “A-2”

Product Schedule

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CITY OF FAIRFIELD

TECHNOLOGY SOFTWARE-AS-A-SERVICE AGREEMENT

Rev. 6/17/2018
Exhibit “A-3”

Service Level Agreement

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CITY OF FAIRFIELD

TECHNOLOGY SOFTWARE-AS-A-SERVICE AGREEMENT

Rev. 6/17/2018
Exhibit “A-4”

City’s Request For Proposal (RFP)

[See attached]

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CITY OF FAIRFIELD

TECHNOLOGY SOFTWARE-AS-A-SERVICE AGREEMENT

Rev. 6/17/2018

Exhibit “A-5”

Service Provider’s Response to RFP

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CITY OF FAIRFIELD

TECHNOLOGY SOFTWARE-AS-A-SERVICE AGREEMENT

Rev. 6/17/2018

EXHIBIT “B”

PAYMENT

1. The price for Services rendered by Service Provider shall be _________ per month (annually), which is based on fees for Services provided for a 36-month period.

2. City shall pay Service Provider within 30 days after receipt of Service Provider’s invoice.

3. The obligation to pay for Services commences on the Acceptance Date.

4. NON-REIMBURSABLE EXPENSES
Service Provider shall be responsible for all costs and expenses incurred by Service Provider, personnel of Service Provider and subcontractors of Service Provider, in connection with this Agreement, including, without limitation, payment of salaries, fringe benefit contributions, payroll taxes, withholding taxes, and other taxes or levies, office overhead expenses, travel expenses, telephone and other telecommunication expenses, and document reproduction expenses.

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CITY OF FAIRFIELD

TECHNOLOGY SOFTWARE-AS-A-SERVICE AGREEMENT

Rev. 6/17/2018
EXHIBIT “C”

GENERAL PROVISIONS
1) INDEPENDENT SERVICE PROVIDER. At all times during the term of this Agreement, Service Provider shall be an independent contractor and shall not be an employee of City.

City shall have the right to control Service Provider only insofar as the results of Service Provider's services rendered pursuant to this Agreement; however, City shall not have the right to control the means by which Service Provider accomplishes services rendered pursuant to this Agreement.

2) LICENSES; PERMITS; ETC. Service Provider represents and warrants to City that Service Provider has all licenses, permits, qualifications, and approvals of whatsoever nature which are legally required for Service Provider to practice Service Provider's profession. Service Provider represents and warrants to City that Service Provider shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any licenses, permits, and approvals which are legally required for Service Provider to practice his profession.

3) TIME. Service Provider shall devote such services pursuant to this Agreement as may be reasonably necessary for satisfactory performance of Service Provider's obligations pursuant to this Agreement.

4) SERVICE PROVIDER NOT AN AGENT. Except as City may specify in writing, Service Provider shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Service Provider shall have no authority, express or implied, pursuant to this Agreement, to bind City to any obligation whatsoever.

5) ASSIGNMENT PROHIBITED. No party to this Agreement may assign any right or obligation pursuant to this Agreement. Any attempted or purported assignment of any right or obligation pursuant to this Agreement shall be void and of no effect.

6) PERSONNEL. Service Provider shall assign only competent personnel to perform services pursuant to this Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the removal of any person or persons assigned by Service Provider to perform services pursuant to this Agreement, Service Provider shall remove any such person immediately upon receiving notice from City of the desire of City for the removal of such person or persons.

7) STANDARD OF PERFORMANCE. Service Provider shall perform all services required pursuant to this Agreement. Services shall be performed in the manner and according to the standards observed by a competent practitioner of the profession in which Service Provider is engaged in the geographical area in which Service Provider practices his profession. All products which Service Provider delivers to City pursuant to this Agreement shall be prepared in a workmanlike manner and conform to the standards of quality normally observed by a person practicing in Service Provider's profession. City shall be the sole judge as to whether the product of the Service Provider is satisfactory.

8) CANCELLATION OF AGREEMENT. This Agreement may be canceled at any time by the Packet Page 170 of 575Attachment 2 Page 63 of 122

CITY OF FAIRFIELD

TECHNOLOGY SOFTWARE-AS-A-SERVICE AGREEMENT

Rev. 6/17/2018
City at the discretion of the City Manager, or his/her designee, upon written notification to Service Provider. Service Provider is entitled to receive full payment for all services performed and all costs incurred up to and including the date of receipt of written notice to cease work on the project.

Service Provider shall be entitled to no further compensation for work performed after the cancellation date. All completed and incomplete reports and documents of the Service Provider provided under this Agreement up to the date of receipt of written notice to cease work shall become the property of City.

9) INDEMNIFY AND HOLD HARMLESS.

a) If AGREEMENT is an agreement for design professional services subject to California Civil Code § 2782.8(a) and Service Provider is a design professional, as defined in California Civil Code § 2782.8(c)(2), to the fullest extent allowed by law, Service Provider shall hold harmless, defend and indemnify the City, its officers, agents, employees, and volunteers from and against all claims, damages, losses, and expenses including attorneys’ fees arising out of, or pertaining to, or relating to the negligence, recklessness, or willful misconduct of the Service Provider, except where caused by the active negligence, sole negligence, or willful misconduct of the City.

b) If AGREEMENT is not an agreement for design professional services subject to California Civil Code § 2782.8(a) or Service Provider is not a design professional as defined in subsection 10(a) above, to the fullest extent allowed by law, Service Provider shall indemnify, defend, and hold harmless the City, its officers, agents, employees and volunteers from all claims, suits, or actions of every name, kind and description, brought forth on account of injuries to or death of any person or damage to property arising from or connected with the willful misconduct, negligent acts, serious errors or omissions, ultra-hazardous activities, activities giving rise to strict liability, or defects in design by Service Provider or any person directly or indirectly employed by or acting as agent for Service Provider in the performance of this Agreement, including the concurrent or successive passive negligence of the City, its officers, agents, employees or volunteers.

It is understood that the duty of Service Provider to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code.

Acceptance of insurance certificates and endorsements required under this Agreement does not relieve Service Provider from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply whether or not such insurance policies are determined to be applicable to any such damages or claims for damages.

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

10) PROHIBITED INTERESTS. No employee of the City shall have any direct financial interest in this agreement. This agreement shall be voidable at the option of the City if this provision is violated.

11) LOCAL EMPLOYMENT POLICY. The City desires wherever possible, to hire qualified local Packet Page 171 of 575Attachment 2 Page 64 of 122

CITY OF FAIRFIELD

TECHNOLOGY SOFTWARE-AS-A-SERVICE AGREEMENT

Rev. 6/17/2018
residents to work on city projects. Local resident is defined as a person who resides in Solano County. The City encourages an active affirmative action program on the part of its contractors, sub-contractors, and developers. When local projects require, subcontractors, contractors, consultants and developers will solicit proposals from qualified local firms where possible.

As a way of responding to the provisions of the Davis-Bacon Act and this program, contractor, consultants, and developers will be asked, to provide no more frequently than monthly, a report which lists the employee's name, job class, hours worked, salary paid, city of residence, and ethnic origin.

12) SERVICE PROVIDER NOT A PUBLIC OFFICIAL. Service Provider is not a "public official" for purposes of Government Code §§ 87200 et seq. Service Provider conducts research and arrives at his or her conclusions, advice, recommendation, or counsel independent of the control and direction of the City or any City official, other than normal contract monitoring. In addition, Service Provider possesses no authority with respect to any City decision beyond these conclusions, advice, recommendation, or counsel.

13) EMPLOYMENT DEVELOPMENT DEPARTMENT REPORTING REQUIREMENTS. When the City executes an agreement for or makes payment to Service Provider in the amount of $600 (six hundred dollars) or more in any one calendar year, Service Provider shall provide the following information to City to comply with Employment Development Department (EDD) reporting requirements:

a) Whether Service Provider is doing business as a sole proprietorship, partnership, limited liability partnership, corporation, limited liability corporation, non- profit corporation or other form of organization.

b) If Service Provider is doing business as a sole proprietorship, Service Provider shall provide the full name, address and social security number or federal tax identification number of the sole proprietor.

c) If Service Provider is doing business as other than a sole proprietorship, Service Provider shall provide Service Provider’s federal tax identification number.

14) NOTICES. All notices shall be given in writing to the following addresses or other such addresses as the parties may designate by written notice:

To City: City of Fairfield
Attn: Jeffrey Bertany
c/o IT Department
1000 Webster Street
Fairfield, California 94533

To Service Provider:

_________________________
Packet Page 172 of 575Attachment 2 Page 65 of 122

CITY OF FAIRFIELD

TECHNOLOGY SOFTWARE-AS-A-SERVICE AGREEMENT

Rev. 6/17/2018

_________________________

15) GOVERNING LAW AND VENUE. This Agreement shall be governed by the laws of the State of California and, in the event of litigation, venue will be in the County of Solano.

16) PROPRIETARY AND CONFIDENTIAL INFORMATION. Service Provider agrees that all of the information it obtains from City constitutes City’s confidential property (“Confidential Information”) regardless of whether such information is pre-marked as confidential or in any other manner to indicate its confidential nature. Except as expressly authorized herein, Service Provider agrees to hold in confidence and not disclose any Confidential Information. Service Provider further agrees to establish such systems and procedures as may be reasonable to maintain City’s Confidential Information. Service Provider’s nondisclosure obligation shall not apply to information which Service Provider can document: (a) was rightfully in its possession or known to it prior to receipt of the Confidential Information; (b) is or has become public knowledge through no fault of Service Provider; (c) is rightfully obtained by Service Provider from a third party without breach of any confidentiality obligation; or (d) is required to be disclosed pursuant to the order or requirement of a court, administrative agency, federal law, foreign state law, California state law, applicable regulatory authorities, or other governmental body.

17) DIVULGING OF CONFIDENTIAL OR PROPRIETARY INFORMATION. Should City require the services of a third party to operate, maintain or modify the Product(s) nothing in this Agreement shall preclude City from doing so. City shall provide Service Provider with as much notice as practicable before utilizing or divulging any proprietary information or trade secrets so that Service Provider may coordinate and or limit the delivery of said information to the third party necessary to accomplish said operation, modification or maintenance. Any third party receiving Confidential or Proprietary Information or trade secrets under this paragraph must agree to the same prohibition against disclosure as City.

Packet Page 173 of 575Attachment 2 Page 66 of 122

CITY OF FAIRFIELD

TECHNOLOGY SOFTWARE-AS-A-SERVICE AGREEMENT

Rev. 6/17/2018
EXHIBIT “D”

INSURANCE REQUIREMENTS
Service Provider shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Service Provider, its agents, representatives, or employees.

1) MINIMUM SCOPE AND LIMITS OF INSURANCE

b) Automobile Liability coverage (Form CA 00 01 with Code 1 – any auto) with minimum limits of $1,000,000 per accident for bodily injury and property damage.

c) Workers’ Compensation insurance as required by the State of California and Employers’ Liability insurance, each in the amount of $1,000,000 per accident for bodily injury or disease.

2) INDUSTRY SPECIFIC COVERAGES

If checked below, the following insurance is also required.

Professional Liability Insurance / Errors and Omissions Liability in the minimum amount of $1,000,000 per occurrence.

Cyber Liability Insurance in the minimum amount of $1,000,000 per occurrence Garage Keepers Insurance in the minimum amount of $1,000,000 per occurrence Fidelity / Crime / Dishonesty Bond in the minimum amount of $ MCS-90 Endorsement to Business Automobile insurance for transportation of hazardous materials and pollutants

Builder’s Risk / Course of Construction Insurance in the minimum amount of $ .

Packet Page 174 of 575Attachment 2 Page 67 of 122

CITY OF FAIRFIELD

TECHNOLOGY SOFTWARE-AS-A-SERVICE AGREEMENT

Rev. 6/17/2018
3) INSURANCE PROVISIONS
a) DEDUCTIBLES AND SELF-INSURED RETENTIONS. Any deductibles or self- insured retentions must be declared to and approved by the City. At the option of the City, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Service Provider shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses.

ii) For any claims related to this project, the Service Provider’s insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insured maintained by the City, its officers, officials, employees or volunteers shall be excess of the Service Provider’s insurance and shall not contribute with it.

iv) The Service Provider’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.

vi) The policy limits of coverage shall be made available to the full limits of the policy. The minimum limits stated above shall not serve to reduce the Service Provider’s policy limits of coverage. Therefore, the requirements for coverage and limits shall be (1) the minimum coverage and limits specified in this agreement, or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named Packet Page 175 of 575Attachment 2 Page 68 of 122

CITY OF FAIRFIELD

TECHNOLOGY SOFTWARE-AS-A-SERVICE AGREEMENT

Rev. 6/17/2018
insured, whichever is greater.

c) ACCEPTABILITY OF INSURER. Insurance is to be placed with insurers with a current A.M.

Best’s rating of no less than A:VII, unless otherwise acceptable to the City.

d) VERIFICATION OF COVERAGE. CONSULTANT shall furnish the CITY with original endorsements effecting coverage required by this Exhibit D. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms equivalent to CG 20 10 11 85 subject to CITY approval. All insurance certificates and endorsements are to be received and approved by the CITY before work commences, these documents must be submitted electronically through the Exigis insurance system, certificates- [email protected]. At the request of the CITY, CONSULTANT shall provide complete copies of all required insurance policies, including endorsements effecting the coverage required by these specifications.

e) SUB-CONTRACTORS. Service Provider shall require all subcontractors to procure and maintain insurance policies subject to the requirements of Exhibit D. Failure of Service Provider to verify existence of sub-contractor’s insurance shall not relieve Service Provider from any claim arising from sub-contractors work on behalf of Service Provider.

Packet Page 176 of 575Attachment 2 Page 69 of 122

CITY OF FAIRFIELD

TECHNOLOGY SOFTWARE-AS-A-SERVICE AGREEMENT

Rev. 6/17/2018

Exhibit “A-5”

Service Provider’s Response to RFP

Packet Page 177 of 575Attachment 2 Page 70 of 122

Packet Page 178 of 575Attachment 2 Page 71 of 122

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Rev 6/17/2018

CITY OF FAIRFIELD
TECHNOLOGY SOFTWARE-AS-A-SERVICE (SaaS) AGREEMENT WITH

3) FACILITIES AND EQUIPMENT. Service Provider shall, at its sole cost and expense, furnish all facilities and equipment which may be required for furnishing Services pursuant to this Agreement.

6) EXHIBITS. All exhibits referred to herein are attached hereto and are by this reference incorporated herein.

Packet Page 215 of 575Attachment 2 Page 108 of 122

CITY OF FAIRFIELD

TECHNOLOGY SOFTWARE-AS-A-SERVICE AGREEMENT
Rev. 6/17/2018
7)TERM. This Agreement shall be effective upon the Effective Date and shall remain in effect for a period of two (2) years following the Effective Date (the “Initial Term”). Following the Initial Term, this Agreement shall automatically renew for three one (1) year terms, unless terminated pursuant to this Agreement or the City Manager, or his/her designee, provides Service Provider written notice of the City’s intent to not renew the Agreement.

EXECUTED as of the day first above-stated.

City of Fairfield, a municipal corporation
By:
(signature)
Printed: ______________________________
Service Provider
By:
(signature)
Printed: ______________________________
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CITY OF FAIRFIELD

TECHNOLOGY SOFTWARE-AS-A-SERVICE AGREEMENT

Rev. 6/17/2018

EXHIBIT “B”

PAYMENT

1. The price for Services rendered by Service Provider shall be for an amount not to exceed $372,961 which includes a 20% contingency of $62,160 which is based on fees for Services provided for a 60-month period

2. City shall pay Service Provider within 30 days after receipt of Service Provider’s invoice.

3. The obligation to pay for Services commences on the Acceptance Date.

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«6IPQEYI<gGq<gIdgQEQ[O<gI]djQ][<Y<[GQ[EYkGIhQ+<GhqQjPEIYYkY<gE][[IEjQpQjs.!Z]k[jQ[Oh]YkjQ][h<[Gdg]jIEjQ][h]YkjQ][hqQjPdg]NIhhQ][<YQ[hj<YY<jQ][ Packet Page 222 of 575Attachment 2 Page 115 of 122

CITY OF FAIRFIELD

TECHNOLOGY SOFTWARE-AS-A-SERVICE AGREEMENT

Rev. 6/17/2018
EXHIBIT “C”

GENERAL PROVISIONS
1) INDEPENDENT SERVICE PROVIDER. At all times during the term of this Agreement, Service Provider shall be an independent contractor and shall not be an employee of City.

8) CANCELLATION OF AGREEMENT. This Agreement may be canceled at any time by the Packet Page 223 of 575Attachment 2 Page 116 of 122

CITY OF FAIRFIELD

TECHNOLOGY SOFTWARE-AS-A-SERVICE AGREEMENT

9) INDEMNIFY AND HOLD HARMLESS.

It is understood that the duty of Service Provider to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code.

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

10) PROHIBITED INTERESTS. No employee of the City shall have any direct financial interest in this agreement. This agreement shall be voidable at the option of the City if this provision is violated.

11) LOCAL EMPLOYMENT POLICY. The City desires wherever possible, to hire qualified local Packet Page 224 of 575Attachment 2 Page 117 of 122

CITY OF FAIRFIELD

TECHNOLOGY SOFTWARE-AS-A-SERVICE AGREEMENT

c) If Service Provider is doing business as other than a sole proprietorship, Service Provider shall provide Service Provider’s federal tax identification number.

14) NOTICES. All notices shall be given in writing to the following addresses or other such addresses as the parties may designate by written notice:

To City: City of Fairfield
Attn: Jeffrey Bertany
c/o IT Department
1000 Webster Street
Fairfield, California 94533

To Service Provider:

_________________________
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CITY OF FAIRFIELD

TECHNOLOGY SOFTWARE-AS-A-SERVICE AGREEMENT

Rev. 6/17/2018

_________________________

15) GOVERNING LAW AND VENUE. This Agreement shall be governed by the laws of the State of California and, in the event of litigation, venue will be in the County of Solano.

Packet Page 226 of 575Attachment 2 Page 119 of 122

CITY OF FAIRFIELD

TECHNOLOGY SOFTWARE-AS-A-SERVICE AGREEMENT

Rev. 6/17/2018
EXHIBIT “D”

1) MINIMUM SCOPE AND LIMITS OF INSURANCE

b) Automobile Liability coverage (Form CA 00 01 with Code 1 – any auto) with minimum limits of $1,000,000 per accident for bodily injury and property damage.

c) Workers’ Compensation insurance as required by the State of California and Employers’ Liability insurance, each in the amount of $1,000,000 per accident for bodily injury or disease.

2) INDUSTRY SPECIFIC COVERAGES

If checked below, the following insurance is also required.

Professional Liability Insurance / Errors and Omissions Liability in the minimum amount of $1,000,000 per occurrence.

Builder’s Risk / Course of Construction Insurance in the minimum amount of $ .

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CITY OF FAIRFIELD

TECHNOLOGY SOFTWARE-AS-A-SERVICE AGREEMENT

iv) The Service Provider’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.

CITY OF FAIRFIELD

TECHNOLOGY SOFTWARE-AS-A-SERVICE AGREEMENT

Rev. 6/17/2018
insured, whichever is greater.

c) ACCEPTABILITY OF INSURER. Insurance is to be placed with insurers with a current A.M.

Best’s rating of no less than A:VII, unless otherwise acceptable to the City.

Packet Page 229 of 575Attachment 2 Page 122 of 122

Agenda Item No: 10.

AGENDA REPORT
DATE:October 18, 2022
TO:Mayor and City Council
FROM:David Gassaway, Interim City Manager
SUBJECT:Resolution 2022277 of the City Council of the City of Fairfield Approving the Amendment to HOME Tenant Based Rental Assistance (TBRA) Program Guidelines RECOMMENDED ACTION
Adopt resolution(s).

STATEMENT OF ISSUE
Adopt a resolution approving the amendment to the HOME TBRA Program Guidelines.

DISCUSSION
The City of Fairfield initially adopted the TBRA Program in 2017, which utilizes HOME Investment Partnership (HOME) funds from the State of California Housing and Community Development Department (HCD). Fairfield Housing Authority (FHA) administers the program. Participants receive up to 24 months of rental assistance as they prepare for permanent housing. Since the inception of the program, over 89 families have participated in the program.

The initial goal of the TBRA program was to serve 60% or below the area median income who needed immediate rental assistance to avoid homelessness. Many of these individuals exceeded initial income limits for the Housing Choice Voucher Program (HCV).

The amended program guidelines for the TBRA program allow the City of Fairfield (City) to target TBRA assistance to Fairfield residents who are homeless or at risk of homelessness while assisting families with becoming selfsufficient and getting them back on their feet. Since the HCD program regulations do not allow TBRA assistance for more than 24 months, the Housing Authority may further assist families with a more permanent solution to housing once the TBRA participants complete the self sufficiency requirement of the TBRA Program. The Housing Authority has placed in its program guidelines a preference for TBRA participants who have completed and complied with the TBRA rules and regulations. Doing so will allow the City to use the TBRA program for temporary transitional housing with a permanent housing solution.

The TBRA Program currently expends $500,000600,000 per year to assist residents. With the new approach to the TBRA program, the City will target the most vulnerable population and serve 30 households per year with the available funding.

Packet Page 230 of 575

Agenda Item No: 10.AGENDA REPORTDATE:October 18, 2022 TO:Mayor and City CouncilFROM:David Gassaway, Interim City ManagerSUBJECT:Resolution 2022277 of the City Council of the City of Fairfield Approving theAmendment to HOME Tenant Based Rental Assistance (TBRA) Program GuidelinesRECOMMENDED ACTIONAdopt resolution(s).STATEMENT OF ISSUEAdopt a resolution approving the amendment to the HOME TBRA Program Guidelines.DISCUSSIONThe City of Fairfield initially adopted the TBRA Program in 2017, which utilizes HOME InvestmentPartnership (HOME) funds from the State of California Housing and Community DevelopmentDepartment (HCD). Fairfield Housing Authority (FHA) administers the program. Participants receive upto 24 months of rental assistance as they prepare for permanent housing. Since the inception of theprogram, over 89 families have participated in the program.The initial goal of the TBRA program was to serve 60% or below the area median income who neededimmediate rental assistance to avoid homelessness. Many of these individuals exceeded initialincome limits for the Housing Choice Voucher Program (HCV).The amended program guidelines for the TBRA program allow the City of Fairfield (City) to target TBRAassistance to Fairfield residents who are homeless or at risk of homelessness while assisting familieswith becoming selfsufficient and getting them back on their feet. Since the HCD program regulationsdo not allow TBRA assistance for more than 24 months, the Housing Authority may further assistfamilies with a more permanent solution to housing once the TBRA participants complete the selfsufficiency requirement of the TBRA Program. The Housing Authority has placed in its programguidelines a preference for TBRA participants who have completed and complied with the TBRA rulesand regulations. Doing so will allow the City to use the TBRA program for temporary transitionalhousing with a permanent housing solution.The TBRA Program currently expends $500,000600,000 per year to assist residents. With the newapproach to the TBRA program, the City will target the most vulnerable population and serve 30 households per year with the available funding.

FINANCIAL IMPACT
The City has available $820,000 in HOME funds to fulfill the goals and objectives for the next 12 months.

PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
N/A
ALTERNATIVE ACTION
The City Council may decide not to approve the amended guidelines; however, it would cause the TBRA Program to operate out of compliance with the guidelines approved by the State of California Housing and Community Development Department.

STAFF CONTACT
LaTanya Terrones,Sr. Housing Project Manager
(707) 4287454
[email protected]
COORDINATED WITH
City Manager's Office, Police Department
ATTACHMENTS:

Description
Proposed Resolution
DRAFT TBRA Guidelines
REVIEWERS:

Reviewer Action Date
MayaGuerrero, Iris Approved 10/12/2022 1:10 PM
MayaGuerrero, Iris Approved 10/12/2022 1:10 PM
MayaGuerrero, Iris Approved 10/12/2022 1:11 PM
Beavers, Esther Approved 10/12/2022 2:39 PM
Beavers, Esther Approved 10/12/2022 2:41 PM
Packet Page 231 of 575

CITY OF FAIRFIELD

RESOLUTION NO. 2022-277

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAIRFIELD APPROVING THE AMENDMENT

TO HOME TENANT BASED RENTAL ASSISTANCE (TBRA) PROGRAM GUIDELINES

WHEREAS, the Tenant Based Rental Assistance (TBRA) program is funded by the HOME Investment Partnership (HOME) funds; and

WHEREAS, the State of California Housing and Community Development Department (HCD) has issued funds to the City of Fairfield; and

WHEREAS, the TBRA Program provides housing assistance for up to 24 months; and

WHEREAS, HCD has reviewed and approved the amended TBRA guidelines to support homeless and at-risk of homeless Fairfield residents.

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

Section 1. The City Council approves the amendments to the Tenant Based Rental Assistance (TBRA) Program Guidelines.

Section 2. The council hereby resolves and gives authority to the city manager to execute any and all documents and agreements related to the TBRA Program.

PASSED AND ADOPTED this 18th day of October, 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 232 of 575Attachment 1 Page 1 of 1

CITY OF FAIRFIELD
HOME Investment Partnerships Program
California Department of Housing & Community Development

HOME TENANT-BASED RENTAL ASSISTANCE PROGRAM
(“TBRA”)

PROGRAM GUIDELINES

Serving the Area of
Fairfield City Limits http://www.hcd.ca.gov/grants-funding/nofas.shtml

Adopted by City Council October 2022

HCD Certificate Model Version: 10/2020 Approved by HCD 8/8/2022

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City of Fairfield HOME TBRA Program Guidelines Page 2

TABLE OF CONTENTS

I. Introduction 3
II. Eligibility 4
III. Applying for Admission 8
IV. Occupancy Standards 9
V. TBRA Eligibility Agreement Issuance and Briefings 11 VI. Lease Addendum and Home Rental Assistance (HRA) Contract Execution
14 VII. Housing Quality Standards 15
VIII. Denial or Termination of Assistance 17

ATTACHMENTS
A. 24 CFR Part 5 Annual Income Inclusions and Exclusions 19 B. 24 CFR Part 5 Asset Inclusions and Exclusions 23
C. Current Program Income Limits 25
D. Current Program Rent Standards 26
E. TBRA Eligibility Agreement 27
F. Lease Addendum 30
G. Additional Lease Addendum (Violence Against Women Act) 33 H. HOME Rental Assistance Contract 35
I. 24 CFR § 982.401 Housing Quality Standards (HQS) 40
J. Housing Quality Standards (HQS) Inspection Form 45
K. Tenant Selection Plan 46

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City of Fairfield HOME TBRA Program Guidelines Page 3

CITY OF FAIRFIELD
HOME TENANT-BASED RENTAL ASSISTANCE (“TBRA”)

PROGRAM GUIDELINES

I. INTRODUCTION
These Program Guidelines have been developed by the California Department of Housing and Community Development (HCD) based on the Section 8 Housing Assistance Program (HAP) operated by the U.S. Department of Housing and Urban Development (HUD) and have been adopted for the implementation of the City of Fairfield HOME Tenant-Based Rental Assistance Program (hereinafter referred to as “TBRA Program”).

Conflict of Interest Requirements
In accordance with 24 CFR Section 92.356 of the HOME Investment Partnerships (HOME) Final Rule, the following will apply:
(a) Conflicts prohibited. No persons described in paragraph (b) of this section who exercises or has exercised any functions or responsibilities with respect to activities assisted with HOME funds or who are in a position to participate in a decision making process or gain inside information with regard to these activities, may obtain a financial interest or benefit from a HOME-assisted activity, or have a financial interest in any contract, subcontract or agreement with respect to the HOME-assisted activity, or the proceeds from such activity, either for themselves or those with whom they have business or immediate family ties, during their tenure or for one year thereafter. Immediate family ties include (whether by blood, marriage or adoption) the spouse, parent (including stepparent), child (including stepchild), brother, sister (including a stepbrother or stepsister), grandparent, grandchild and in-laws of a covered person.
(b) Persons covered. The conflict-of-interest provisions of paragraph (a) of this section apply to any person who is an employee, agent, consultant, officer, or elected official or appointed official of the participating jurisdiction, State recipient, or subrecipient which are receiving HOME funds. (c) Exceptions: Threshold requirements. Upon the written request of the participating jurisdiction to HCD, HUD may grant an exception to the provisions of paragraph (a) of this section on a case-by-case basis when it determines that the exception will serve to further the purposes of the HOME Investment Partnerships Program and the effective and efficient administration of the participating jurisdiction's program or project. See 24 CFR 92.356(d)(1-6) for details on the documentation needed in order to submit an exception request to HCD.

Participating Agencies
The City of Fairfield TBRA Program will be administered by the Fairfield Housing Authority staff (hereinafter referred to as “Program Operator”). Note: The term “Program Operator” used throughout this document refers to the Program Administrator named above.

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City of Fairfield HOME TBRA Program Guidelines Page 4

Fair Housing
The Fair Housing Lender and Accessibility logos will be placed on all outreach materials. The Program Operator will follow affirmative marketing procedures that provide information, through the implementation of an outreach marketing program to attract all eligible persons without regard to race, color, national origin, sex, sexual orientation, gender identity, age, religion, disability, and familial status. Affirmative marketing plans and procedures shall be approved by HCD. Fair housing marketing actions will be based upon a characteristic analysis comparison (census data may be used) of the TBRA Program’s eligible area compared to the ethnicity of the population served by the TBRA Program (includes, separately, all applications received and those receiving assistance) and an explanation of any underserved segments of the population. This information is used to show that protected classes (age, gender, ethnicity, race, and disability) are not being excluded from the TBRA Program. Flyers or other outreach materials, in English and any other language that is the primary language of a significant portion of the area residents, will be widely distributed in the TBRA Program-eligible area.

II. Eligibility
The TBRA Program will be available in areas located within the Fairfield City limits The TBRA program will be limited to Fairfield residents who are homeless or at-risk of homelessness.

Others who do not meet this criteria will not be assisted on the TBRA Program.

Income Qualification Criteria
Projected gross annual income of the applicant household will be used to determine whether it is above or below the published HCD income limits. Income qualification criteria, as shown in the most recent HCD program-specific guidance at http://www.hcd.ca.gov/grants-funding/income- limits/income-calculation-and-determination-guide.shtml, will be followed to independently determine and certify the household’s gross annual income. Income will be verified by reviewing and analyzing tax returns, copies of wage receipts or paystubs, subsidy checks, bank statements and third-party verification of employment forms sent to employers. All documentation shall be dated within six (6) months prior to assistance, at a minimum, be recent, cover a consecutive two (2) month period.

A. HOUSEHOLD INCOME DEFINITION:

Household income is the gross annual income of all adult household members that is projected to be received during the coming 12-month period and will be used to determine TBRA Program eligibility.

Refer to Income Inclusions and Exclusions for further guidance to the types of incomes to be included or excluded when calculating gross annual income. For those types of income counted, gross amounts (before any deductions have been taken) are used, and the types of income that are not considered would include income of minors or live-in aides. Certain other household members living apart from the household also require special consideration. The household’s projected ability to pay must be used, rather than past earnings, when calculating income.

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City of Fairfield HOME TBRA Program Guidelines Page 5

The Part 5 Annual Income Inclusions and Exclusions list is attached to these guidelines as ATTACHMENT A. In addition, the link to HUD’s Annual Income and Exclusions chart is:
http://www.hcd.ca.gov/grants-funding/income-limits/income-calculation-and-determination- guide/docs/AppendixB_AnnualIncomeInclusionsExclusions.doc

B. ASSETS:

There is no asset limitation for participation in the TBRA Program. Income from assets is, however, recognized as part of annual income under the Part 5 definition. An asset is a cash or non-cash item that can be converted to cash. The value of necessary items such as furniture, clothing and automobiles are not included. (Note: it is the income earned – e.g. interest on a savings account – not the asset value, which is counted in annual income.)
An asset’s cash value is the market value less reasonable expenses required to convert the asset to cash, including penalties or fees for converting financial holdings and costs for selling real property.

The cash value (rather than the market value) of an item is counted as an asset.

Part 5 Asset Inclusions and Exclusions is attached to these guidelines as ATTACHMENT B.

Eligible Households – Income and Assets
Most applicants must have household incomes at or below sixty percent (60%) of the applicable County’s area median income (AMI), adjusted by household size, as published by HCD each year (see ATTACHMENT C). The link to current HOME income limits adjusted by household size is:
http://www.hcd.ca.gov/grants-funding/income-limits/state-and-federal-income-limits.shtml However, the City of Fairfield’s TBRA Program will be limited to families whose income is at or below the thirty percent (30%) AMI.
“Household” means one or more persons who occupy a housing unit. Subject to the exemptions allowed in the “Income Determination Guide”, all persons, not including unborn children, and including non-related individuals, will be considered household members for purposes of determining income eligibility.

All adult applicants must certify that they meet the household income eligibility requirements for the TBRA Program and have their household income documented. The income limits in place at the time the applicant(s) eligibility is certified will apply when determining applicant income eligibility.

TBRA will use the Section 8 program's definition of annual (gross) income, and income will be calculated based on Section 8's Housing Choice Voucher (HCV) program guidelines, and the Fairfield Housing 'Authority's (FHA) policies as defined in Chapter 3 of its Administrative Plan. This includes guidelines related to allowances, deductions, and imputed assets located in Chapter 6 of the Administrative Plan.

Initial eligibility will be based on at least two months of source documentation to determine anticipated income (pg. 2-15). It will not be reverified unless six months have elapsed before a contract is executed with a landlord on the client's behalf.

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City of Fairfield HOME TBRA Program Guidelines Page 6

General TBRA Program Design
The TBRA Program is a rental subsidy program that is designed to assist eligible tenants with the payment of monthly rent, and security deposits. TBRA assistance will make up the difference between the amount the household can afford to pay for monthly rent and utilities and the actual cost of the housing occupied by the household. All TBRA assistance will be made in the form of a grant and will not have to be repaid.

Security deposit grants will be provided to eligible applicants, subject to the availability of HOME funds and at the discretion of the City.

In order to be considered for a security deposit grant, Participants must meet the following criteria:
• Has never previously received a security deposit from the HOME TBRA Program; • Must certify the attempts to obtain security deposit from other sources; • Must demonstrate insufficient personal funds by showing that the tenant does not have assets in the amount needed to pay the security deposit. If the family does not have funds in excess of the security deposit, the family will be required to pay at least 50% of the available funds towards the security deposit.

The maximum amount of HOME funds that may be provided for the security deposit is the equivalent of two month’s contracted rent for the unit. Only a program participant (not the landlord) may apply for security deposit assistance.

NOTE: Assistance under the TBRA program will be for 12 months. Program participants may be eligible for an additional 12 months of assistance (for a total of 24 months), if it is determined that they continue to meet the income limits, have abided by all of the program rules and regulations as set forth, and has actively been participating in a self-sufficiency program. Eligibility of assistance beyond 12 months is not guaranteed.

Rent Standards
The TBRA Program has adopted a Schedule of Rent Standards (also known as Payment Standards) in accordance with the method identified in HOME Final Rule Section 92.253(h)(3)(ii). Rent Standards will be updated annually and attached hereto as ATTACHMENT D. These Rent Standards will represent the highest gross rent (unit rent plus Utility Allowance) that can be approved for TBRA assistance.

The TBRA Program will utilize the payment standards that are established for the City of Fairfield Housing Authority.

Utility Allowances
The TBRA Program has elected to utilize the project-specific utility schedule in which the housing unit is located, when available. If none is available for a given unit, the local Public Housing Authority’s Schedule of Utility Allowances will be utilized. The utility allowances for affected tenants will be determined by obtaining a copy of the current utility allowance schedule for the project in which the housing unit is located, or else the published local Public Housing Authority Schedule. Any utilities Packet Page 238 of 575Attachment 2 Page 6 of 56

City of Fairfield HOME TBRA Program Guidelines Page 7

that are not included in the rent will be factored into the calculation of TBRA assistance, as illustrated in the examples below.

Rental Assistance Subsidy Amounts
The monthly rental subsidy for each household will be the difference between the Gross Rent (approved rent plus the utility allowance, if any) and either thirty percent (30%) of the household’s adjusted monthly income or 10% of the household’s gross monthly income, whichever is more. The amount the tenant must pay monthly is known as the Total Tenant Payment (“TTP”).Examples for Calculating Tenant and Program Payment
The Smith household has been income certified and is eligible for assistance. Based on their household composition they are eligible for a two-bedroom unit. Their Gross Annual Income is $22,500 and their Adjusted Gross Annual Income is $18,300. Thirty percent (30%) of their adjusted Gross Monthly Income is $458. The current TBRA Payment Standard for a two-bedroom unit is $775.

The current utility allowance is $100. Since 10% of their Gross Annual Income is less than 30% of their Adjusted Gross Annual Income, the adjusted income is used in these examples.

EXAMPLE 1: Unit Rents for $725 with all utilities included The Smiths must pay $458 monthly TTP Approved Rent: $725 (30% of adjusted gross monthly Less TTP (all for rent) ( 458) Income, so $18,300/12 x 0.30 = $458) Program payment for rent $267

Note: In this first example, since all utilities are included, there is no Utility Allowance, so the whole TTP goes toward rent.

EXAMPLE 2: Unit Rents for $625 with some or no utilities included The Smiths must pay $458 monthly TTP Approved Rent: $625 (30% of adjusted gross monthly Plus Utility Allowance 100 Income, so $18,300/12 x 0.30 = $458) Equals Total rent/utilities $725 Less TTP ($100 for utilities
and $358 for rent) ( 458)
Program Payment for rent $267

Note: In this second example, the Total Tenant Payment of $458 is split between the utility allowance amount (for non-included utilities, using the applicable Utility Allowance Schedule) and the tenant’s share of the rent.

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City of Fairfield HOME TBRA Program Guidelines Page 8

Utilizing the same rents and utility allowances as in the previous two examples, there are occasionally circumstances in which the Total Tenant Payment is so low that it will not even cover the estimated cost of utilities. Performing the analysis assuming the Smith household’s Gross Annual Income and Adjusted Gross Annual Income are both $3,000 results in the following:

EXAMPLE 3: Unit Rents for $625 with no utilities included (less income) The Smiths must pay $75 monthly TTP Approved Rent: $625 (30% of adjusted gross monthly
Income, so $3,000/12 x 0.30 = $75) Plus Utility Allowance 100 Equals Total rent/utilities $725
Less TTP ($75 for utilities
and $0 for rent) ( 75)
Equals monthly subsidy $650
Less Program rent pmt. (625)
Equals Program payment
($100 Utility Allowance less $75 paid by tenant) to tenant for utilities $ 25

Note: In this third example, the Total Tenant Payment of $75 isn’t enough to cover the estimated utility expenses. The TBRA Program therefore pays all of the rent for the unit and a Utility Reimbursement to the tenant to cover the portion of the estimated utilities that exceed 30% of their adjusted income.

III. APPLYING FOR ADMISSION
How to Apply
Households may apply for assistance by completing and submitting an application package to the Fairfield Housing Authority. Applications will only be taken as a referral from the designated homeless services provider. The Service provider must certify that the applicant family is homeless or at-risk of homelessness in the City of Fairfield.

Completion of an Application
Upon completion of the application, an interview appointment will be scheduled. The interview appointment may be conducted in person or by telephone.

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City of Fairfield HOME TBRA Program Guidelines Page 9

Applicants are responsible for rescheduling interview appointments when the original appointment is missed. If the Applicant does not reschedule and misses two consecutive interview appointments, the application may be rejected.

• At a minimum, the head of household will be required to attend the interview appointment.

All adult household members must sign the Applicant/Tenant Certification Form in order for the application to be considered complete.
• Information provided by the Applicant to be verified includes information on household composition, income, allowances and deductions, preference status, full-time student status, and other factors relating to eligibility before being issued a TBRA Eligibility Agreement. • Third-party verifications shall be obtained by telephone. When telephone requests are unsuccessful, the Program Operator will make adequate effort to ensure the third party is a valid source by documenting and including in the tenant’s file the following information:

Third-party’s name, attempted contact person and contact information; name of the person who attempted the telephone interview; and date and time of the telephone call.

The Housing Authority staff will utilize HUD’s established Hierarchy of Verification when obtaining verification of income and deductions.

If additional information is needed to determine eligibility, a request will be sent to the Applicant, detailing the necessary additional information, which must be submitted within 10 working days. If no response is received within 10 days, a second request will be sent, allowing an additional 10 days to respond. If no response is received to the second request for additional information, an ineligibility letter will be sent. After the verification process is completed, the Program Operator will make a final determination of eligibility based on verified data.

IV. OCCUPANCY STANDARDS
All units occupied by households receiving TBRA assistance must meet the Housing Quality Standards found at 24 CFR 982.401 at the time of initial occupancy and throughout assisted tenancy.

Size of Units
Households meeting the preference criteria may remain in their units and be assisted in place; however if they elect to select a different unit, the following occupancy standards shall apply.

The occupancy standard for the TBRA Program is two persons per sleeping area. The standards prescribed will apply to the majority of households. However, in some cases the relationship, age, sex, health, or disability of a household member may warrant the assignment of a larger unit.

Exceptions for larger units may be granted within the following guidelines:

• Unborn children shall be included in the size of the household; • Persons with verifiable medical needs;
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• Other extenuating circumstances;
• Foster children are included when determining unit size (but not for household size for income limits evaluation);
• Space will not be provided for a household member who is absent more than 90 consecutive days (e.g., member of the military);

The following provides guidance on over-crowding and under-crowding:

Unit Size Min. # of Persons Max. # of Persons
1-BDR. 1 2
2-BDR. 3 4
3-BDR. 5 6
4-BDR. 7 8

Permanently Absent
If any adult member of a household leaves the unit for more than ninety (90) days, that adult member will be considered permanently absent from the unit. A remaining adult member of the household must report, in writing within ten (10) days, the change in household composition to the property manager and the Program Operator, who will then remove the absent adult as a household member.

Visitors
Any adult not included on the application that is in the unit for thirty (30) consecutive days without the written approval of the Program Operator will be considered to be living in the unit as an unauthorized household member.

Absence of evidence of a verifiable address will be considered verification that the visitor is a member of the household.

Statements from neighbors and/or the landlord will be considered in making a determination.

The burden of proof that an individual is a visitor rests on the household. In the absence of such proof, an individual will be considered an unauthorized member of the household and the Program Operator may terminate assistance if prior approval was not requested for the addition.

In a joint physical custody arrangement, if a minor is in the household less than 183 days per year (50% of the year), the minor will be considered to be an eligible visitor and not a household member.

Change in Household Composition
The Program Operator will verify changes in household composition (either reported or unreported).

However, the burden of proof that an individual has moved ultimately rests on the household.

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Change in Ownership
A change of ownership will be processed upon receipt of evidence of ownership, and a Letter of Authority Transfer, if applicable. Prior to the change of ownership taking effect, any payments made to the previous owner will be the responsibility of the new owner to recover.

Participant Relocation
Household relocation shall be limited. A household may move to a new unit during the lease only:
• When a mutual agreement between the owner and the tenant has been signed; or • For good cause (the recipient must provide documentation such as police reports, court order, etc.)
In either case, the recipient must provide proper notice (30-day written notice) to the Program Operator and the Property Manager prior to initiating a move.

V. TBRA ELIGIBILITY AGREEMENT ISSUANCE AND BRIEFINGS
Purpose of Briefings
The purpose of the briefing is to provide new participants with the information found in the TBRA Eligibility Agreement (ATTACHMENT E). This will ensure that all Participants are aware of their responsibilities and the ramifications if they fail to comply.

Attendance Requirement
The head of household is required to attend a briefing to receive TBRA assistance.

Format
Briefings can either be in a group or held individually.

The TBRA Eligibility Information briefing shall cover the following:
• Procedures for notifying the Program Operator of abuses such as side payments or other overcharges and Housing Quality Standard violations in the unit; • The HUD brochure on lead-based paint (Protect Your Family From Lead in Your Home) and information about where blood level testing is available, for units built prior to 1978. • Conditions and procedures for notifying the Program Operator of changes which may occur between annual re-examinations;
• Conditions in the lease addendum under which tenancy may be terminated; and • Conditions under which TBRA Housing Program assistance may be terminated.

Household Obligations
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While the relationship between the tenant and landlord is the same as in the private housing market, the TBRA Housing Program participants have the following additional obligations:

1. The household must supply any information that is determined to be necessary in the administration of the TBRA Program, which may include rental history including any evictions, credit history, and criminal background information. The Program Operator may reject an applicant based on the information provided.

2. Any guest or household member who causes damages beyond normal wear and tear will be the responsibility of the household. If Housing Quality Standards (HQS) failures are determined to be caused by a tenant or guest, it will be the tenant’s responsibility to correct.

If the failure is life-threatening, the tenant must correct the defect within 24 hours. For other tenant-caused failures/defects, the tenant must correct the defect within 30 calendar days (or by a Program-approved extension).

3. The members of the household must not commit fraud, bribery or any other corrupt or criminal act in connection with the TBRA Program.

Discretion to Deny or Terminate Assistance
In deciding whether to deny or terminate assistance because of action or failure to act by members of a household, the Program Operator has the discretion to consider all of the circumstances in each case, including the seriousness of the case and the extent of participation or culpability of individual household members. The Program Operator may also review the household’s more recent history and record of compliance, and the effects of denial or termination of assistance on other household members who were not involved in the action or failure to act.

The Program Operator may impose, as a condition of continued assistance for other household members, a requirement that household members who participated in or were culpable for the action or failure to act will not reside in the unit. The Program Operator may permit the other members of the household to continue in the TBRA Program.

Term of the TBRA Eligibility Agreement
A newly issued TBRA Eligibility Agreement will be valid for a period of sixty (60) days from the date of issuance.

Joint Custody of Children
Children who are subject to a joint custody agreement will be considered members of the household if the applicant has at least 51% legal and physical custody of the minor as evidenced by legal documentation.

Alimony and Child Support
Regular alimony and child support payments are counted as income. If the amount of child support or alimony received is less than the amount awarded by the court, the Program Operator will use the Packet Page 244 of 575Attachment 2 Page 12 of 56

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amount awarded by the court unless the household can document non-receipt or receipt of a lower amount.

TBRA Housing Authorization Determination for Split Households In cases where a household assisted by the TBRA Program becomes divided into two households due to divorce, legal separation, or the division of the household, the TBRA Program will recertify the household members remaining in the assisted unit to determine eligibility and the level of assistance.

Initial, Annual and Interim Examinations
The Program Operator will perform initial, annual and interim examinations, as required.

Annual Re-examinations
Households will be notified in writing 120 days in advance of the scheduled effective date of the re- examination. The Program Operator will use the same procedures for obtaining and verifying information that were used at admission. The Program Operator will compare the information the household reports against the household’s most recent re-examination to identify any discrepancies and ask the household to explain them.

The following procedures will be followed for each re-examination:
• Re-verification of household income and composition;
• Unit inspection;
• Rent reasonableness verified, if the landlord is requesting a rent increase; • The owner and household are notified of tenant contribution increase at least 30 days prior to the effective date.

The head of household, and any additional adult living in the unit must have a current Form HUD- 9886, Authorization for Release of Information/Privacy Act Notice, on file any time verification of income is to be determined.

Households and owners will be notified of the results of the re-examination and effective date of any changes.

Reporting Changes Between Regularly-Scheduled Recertifications:

If any of the following changes occur, the Resident agrees to advise management and the Program Operator within ten (10) days:
• Any household member moves out of the unit;
• The household proposes to move a new member into the unit; • An adult member of the household who was reported as unemployed on the most recent certification (or recertification) obtains employment;
• The household’s income cumulatively changes by ten percent (10%) or more a month.

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Interim Examinations
As family circumstances change, the TBRA participant must report changes in income and family composition to the Fairfield Housing Authority within 10 (ten) business days of the change.

The family is required to report all changes in family composition. The family must inform the Fairfield Housing Authority of the birth, adoption, or court-awarded custody of a child within 10 business days.

Families are required to report all increases in income within 10 business days of the date the change takes effect. If the income change is greater than $200 from the same source, the Fairfield Housing Authority will conduct the change. The Fairfield Housing Authority will conduct an interim reexamination for all new sources of income regardless of the amount of income being received.

For further policies and processing, The Fairfield Housing Authority Administrative Plan will be followed regarding Interim Examinations (Chapter 11).

VI. LEASE ADDENDUM AND HOME RENTAL ASSISTANCE CONTRACT (HRA CONTRACT) EXECUTION Lease Addendum
Prior to commencement of the TBRA Program assistance, the Program Operator requires that the Program’s Lease Addendum (ATTACHMENT F) and its Additional Lease Addendum (ATTACHMENT G) be executed by the landlord and tenant.

HOME Rental Assistance Contract (HRA Contract)
The HRA Contract is a contract between the Program Operator and an owner. In the HRA Contract for the TBRA Program, the owner agrees to lease a specified dwelling unit to a specified eligible household, and the TBRA Program agrees to make monthly housing assistance payments to the owner for the household. The TBRA Program HRA Contract is based on the HAP Contract used for the Section 8 Housing Assistance Program. A copy of the TBRA Program’s HRA Contract is attached as “ATTACHMENT H.” The term of the lease between the owner and the tenant may not expire before the term of the TBRA assistance.

Prior to HRA Contract execution, the Program Operator will ensure:
• That the income information is not more than 180 days old for participants; • That owners provide their current address of residence or business, and proof of ownership of the property;
• That if there is not an existing lease, the landlord offer the tenant a one-year lease per HOME requirements, or provide evidence of a rejection of that offer in favor of a shorter lease for at least the HOME assistance term;
• That a Letter of Transfer of Authority is available if a management agent manages the property; and
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• That Rent Reasonableness has been verified per the following procedures.

Rent Reasonableness
The Program Operator will make a determination as to the reasonableness of the rent the owner is proposing in relation to comparable units on the private unassisted market. The market area for rent reasonableness comparables shall include the similar areas of the city or county where the proposed rental is located.

Rent reasonableness determinations are made when units are placed under HRA Contract for the first time and when owners request annual or special contract rent adjustments. The Program Operator will certify and document in the tenant file that the approved rent:
• Does not exceed rents charged by the owner for comparable unassisted units in the private market; and
• Is reasonable in relation to rents charged by other owners for comparable units in the private market.

The items used for rent reasonableness documentation include:
• Square footage;
• Number of bedrooms;
• Number of bathrooms;
• Location;
• Unit type;
• Quality;
• Amenities;
• Facilities;
• Date built; and
• Management and maintenance services.
•
Documentation of the rent reasonableness study for each unit leased will be maintained by the Program Operator. The Program Operator will maintain a file(s) that includes comparable data on unassisted units in the private market and will compare the subject unit against selected units in the same area with similar characteristics. Adjustments will be made for favorable and unfavorable differences between the subject unit and the comparables. The information on unassisted units will be updated on an annual basis.

VII. HOUSING QUALITY STANDARDS
Policy
No unit will be placed on the TBRA Program unless Housing Quality Standards (HQS) are met, in accordance with 24 CFR 982.401. The units must continue to meet these standards as long as the household is on the TBRA Program. Lead-based paint requirements will apply to all units constructed prior to 1978. The TBRA Program adheres to the acceptability criteria in HUD Section 8 Housing Packet Page 247 of 575Attachment 2 Page 15 of 56

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Assistance program regulations for Housing Quality Standards. Current HQS Inspection Forms are attached as “ATTACHMENT J”.

All Housing Quality Inspections will be performed by the Program Operator (or its designee).

There are four types of inspections:
• Initial
• Annual
• Special
• Move-out: Move-out inspections will be completed within 15 working days when requested by either the tenant or landlord.

Clearing Deficiencies
At initial and annual inspections, the owner will be given not more than 30 days to correct the items noted as “fail”. Extenuating circumstances could, with Program Operator approval, extend the time limit allowed to correct the items. The owner may be allowed two re-inspections for repair work to be completed (at inspector’s discretion) depending upon the complexity of work to be done. If, after the inspections, the unit still fails HQS, the household will be required to find another unit if it wishes to remain on the TBRA Program.

An annual inspection will be conducted prior to the initial 12-month period of the TBRA Program. The FHA will follow the Housing Quality Standards (HQS) Performance and Acceptability Standards established by HUD when examining the unit for inspection. The standards cover the following area:

• Sanitary facilities
• Food preparation and refuse disposal
• Space and Security
• Thermal Environment
• Illumination and electricity
• Structure and materials
• Interior Air Quality
• Water Supply
• Lead-Based paint
• Access
• Site and neighborhood
• Sanitary Condition
• Smoke Detectors

Details and overview pertaining to each of these specific areas of performance in Attachment I.

Housing Quality Standards Enforcement
Housing Quality Standards deficiencies noted during the Annual inspection will be required to be completed within 30 days of the failed inspection.

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The FHA will follow The City of Fairfield Housing Authority’s Administrative Policies when examining deficient inspections relating to compliance, and enforcement with the Housing Quality Standards Process.(Chapter 8).

Request for Special Unit Inspection
A landlord/owner, tenant, or the Program Operator may request to have the tenant’s unit inspected prior to the re-examination date. The Program Operator or its designee will schedule the inspection within ten (10) working days of the request.

VIII. DENIAL OR TERMINATION OF ASSISTANCE
The Fairfield Housing Authority’s Administrative Plan (Chapter 12) will prevail where items are not addressed in this plan regarding denial or termination.

Tenant Fraud
If the household has knowingly committed fraud in connection with the TBRA Program, the Program Operator may terminate assistance and cancel the HRA contract.

If the household has misrepresented income, assets, or allowances, which would have caused an increase in the tenant portion of the rent, the Program Operator will make every effort to recover any overpayment made as a result of tenant fraud or abuse.

If the household intentionally, willingly, and knowingly commits fraud or is involved in any other illegal scheme with the owner, the Program Operator may deny or terminate assistance.

Landlord Fraud
If a landlord has committed fraud or misrepresentation in connection with the TBRA Program, the Program Operator will terminate the HOME Rental Assistance (HRA) Contract and review the circumstances and household’s involvement to determine if the household is eligible to relocate to another unit with continuation of assistance.

The Program Operator may bar the landlord from participation in the TBRA Program for breach of the HRA Contract.

The Program Operator will make every effort to recover any overpayments made as a result of landlord fraud or abuse.

Lease Violations
Termination of tenancy will be permitted only if a tenant has serious or repeated violations of the terms and conditions of the lease.

The following criteria will be used to decide if a serious or repeated violation of the lease will result in termination of assistance:

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• If the owner terminates tenancy through court action for serious or repeated violation of the lease;
• If the owner notifies the household of termination of tenancy for serious or repeated lease violations, and the household moves from the unit prior to the completion of court action; • If there are police reports, neighborhood complaints or other third party information, that has been verified by the Program Operator; or
• Other “good cause” exists for termination of the tenancy. • information, that has been verified by the Program Operator; or • Other “good cause” exists for termination of the tenancy.

Dispute Resolution and Appeals Procedure
Any applicant denied assistance from the Program has the right to an informal review. Complaints concerning the Program should be made to the City of Fairfield Housing Services Department. The applicant will have ten (10) business days from the date of the denial letter to request an informal review.

The City of Fairfield’s Informal review policy listed in the Fairfield Housing Authority’s Administrative Plan (Chapter 16) will be followed.

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ATTACHMENT A
24 CFR Part 5 ANNUAL INCOME INCLUSIONS AND EXCLUSIONS

24 CFR Part 5 Annual Income Inclusions
§5.609 Annual income.
(a) Annual income means all amounts, monetary or not, which:
(1) Go to, or on behalf of, the family head or spouse (even if temporarily absent) or to any other family member; or
(2) Are anticipated to be received from a source outside the family during the 12-month period following admission or annual reexamination effective date; and (3) Which are not specifically excluded in paragraph (c) of this section. (4) Annual income also means amounts derived (during the 12-month period) from assets to which any member of the family has access.
(b) Annual income includes, but is not limited to:
(1) The full amount, before any payroll deductions, of wages and salaries, overtime pay, commissions, fees, tips and bonuses, and other compensation for personal services; (2) The net income from the operation of a business or profession. Expenditures for business expansion or amortization of capital indebtedness shall not be used as deductions in determining net income. An allowance for depreciation of assets used in a business or profession may be deducted, based on straight line depreciation, as provided in Internal Revenue Service regulations. Any withdrawal of cash or assets from the operation of a business or profession will be included in income, except to the extent the withdrawal is reimbursement of cash or assets invested in the operation by the family;
(3) Interest, dividends, and other net income of any kind from real or personal property.

Expenditures for amortization of capital indebtedness shall not be used as deductions in determining net income. An allowance for depreciation is permitted only as authorized in paragraph (b)(2) of this section. Any withdrawal of cash or assets from an investment will be included in income, except to the extent the withdrawal is reimbursement of cash or assets invested by the family. Where the family has net family assets in excess of $5,000, annual income shall include the greater of the actual income derived from all net family assets or a percentage of the value of such assets based on the current passbook savings rate, as determined by HUD;
(4) The full amount of periodic amounts received from Social Security, annuities, insurance policies, retirement funds, pensions, disability or death benefits, and other similar types of periodic receipts, including a lump-sum amount or prospective monthly amounts for the delayed start of a periodic amount (except as provided in paragraph (c)(14) of this section); (5) Payments in lieu of earnings, such as unemployment and disability compensation, worker's compensation and severance pay (except as provided in paragraph (c)(3) of this section); Packet Page 251 of 575Attachment 2 Page 19 of 56

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(6) Welfare assistance payments.
(i) Welfare assistance payments made under the Temporary Assistance for Needy Families (TANF) program are included in annual income only to the extent such payments:
(A) Qualify as assistance under the TANF program definition at 45 CFR 260.31; and (B) Are not otherwise excluded under paragraph (c) of this section. (ii) If the welfare assistance payment includes an amount specifically designated for shelter and utilities that is subject to adjustment by the welfare assistance agency in accordance with the actual cost of shelter and utilities, the amount of welfare assistance income to be included as income shall consist of:
(A) The amount of the allowance or grant exclusive of the amount specifically designated for shelter or utilities; plus
(B) The maximum amount that the welfare assistance agency could in fact allow the family for shelter and utilities. If the family's welfare assistance is ratably reduced from the standard of need by applying a percentage, the amount calculated under this paragraph shall be the amount resulting from one application of the percentage.
(7) Periodic and determinable allowances, such as alimony and child support payments, and regular contributions or gifts received from organizations or from persons not residing in the dwelling; (8) All regular pay, special pay and allowances of a member of the Armed Forces (except as provided in paragraph (c)(7) of this section).
(9) For section 8 programs only and as provided in 24 CFR 5.612, any financial assistance, in excess of amounts received for tuition and any other required fees and charges, that an individual receives under the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.), from private sources, or from an institution of higher education (as defined under the Higher Education Act of 1965 (20 U.S.C. 1002)), shall be considered income to that individual, except that financial assistance described in this paragraph is not considered annual income for persons over the age of 23 with dependent children.

For purposes of this paragraph, “financial assistance” does not include loan proceeds for the purpose of determining income.
24 CFR Part 5 Annual Income Exclusions
(c) Annual income does not include the following:
(1) Income from employment of children (including foster children) under the age of 18 years; (2) Payments received for the care of foster children or foster adults (usually persons with disabilities, unrelated to the tenant family, who are unable to live alone); (3) Lump-sum additions to family assets, such as inheritances, insurance payments (including payments under health and accident insurance and worker's compensation), capital gains and settlement for personal or property losses (except as provided in paragraph (b)(5) of this section); (4) Amounts received by the family that are specifically for, or in reimbursement of, the cost of medical expenses for any family member;
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(5) Income of a live-in aide, as defined in §5.403;
(6) Subject to paragraph (b)(9) of this section, the full amount of student financial assistance paid directly to the student or to the educational institution; (7) The special pay to a family member serving in the Armed Forces who is exposed to hostile fire; (8) (i) Amounts received under training programs funded by HUD; (ii) Amounts received by a person with a disability that are disregarded for a limited time for purposes of Supplemental Security Income eligibility and benefits because they are set aside for use under a Plan to Attain Self-Sufficiency (PASS);
(iii) Amounts received by a participant in other publicly assisted programs which are specifically for or in reimbursement of out-of-pocket expenses incurred (special equipment, clothing, transportation, child care, etc.) and which are made solely to allow participation in a specific program; (iv) Amounts received under a resident service stipend. A resident service stipend is a modest amount (not to exceed $200 per month) received by a resident for performing a service for the PHA or owner, on a part-time basis, that enhances the quality of life in the development. Such services may include, but are not limited to, fire patrol, hall monitoring, lawn maintenance, resident initiatives coordination, and serving as a member of the PHA's governing board. No resident may receive more than one such stipend during the same period of time; (v) Incremental earnings and benefits resulting to any family member from participation in qualifying State or local employment training programs (including training programs not affiliated with a local government) and training of a family member as resident management staff. Amounts excluded by this provision must be received under employment training programs with clearly defined goals and objectives, and are excluded only for the period during which the family member participates in the employment training program;
(9) Temporary, nonrecurring or sporadic income (including gifts); (10) Reparation payments paid by a foreign government pursuant to claims filed under the laws of that government by persons who were persecuted during the Nazi era; (11) Earnings in excess of $480 for each full-time student 18 years old or older (excluding the head of household and spouse);
(12) Adoption assistance payments in excess of $480 per adopted child; (13) [Reserved]
(14) Deferred periodic amounts from supplemental security income and Social Security benefits that are received in a lump sum amount or in prospective monthly amounts, or any deferred Department of Veterans Affairs disability benefits that are received in a lump sum amount or in prospective monthly amounts.
(15) Amounts received by the family in the form of refunds or rebates under State or local law for property taxes paid on the dwelling unit;
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(16) Amounts paid by a State agency to a family with a member who has a developmental disability and is living at home to offset the cost of services and equipment needed to keep the developmentally disabled family member at home; or
(17) Amounts specifically excluded by any other Federal statute from consideration as income for purposes of determining eligibility or benefits under a category of assistance programs that includes assistance under any program to which the exclusions set forth in 24 CFR 5.609(c) apply. A notice will be published in the Federal Register and distributed to PHAs and housing owners identifying the benefits that qualify for this exclusion. Updates will be published and distributed when necessary. (d) Annualization of income. If it is not feasible to anticipate a level of income over a 12-month period (e.g., seasonal or cyclic income), or the PHA believes that past income is the best available indicator of expected future income, the PHA may annualize the income anticipated for a shorter period, subject to a redetermination at the end of the shorter period.

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ATTACHMENT B
Asset Inclusions and Exclusions January 2005 ASSET INCLUSIONS:

1. Cash held in savings accounts, checking accounts, safe deposit boxes, homes, etc. For savings accounts, use the current balance. For checking accounts, use the average 6-month balance.

Assets held in foreign countries are considered assets.

2. Cash value of revocable trusts available to the applicant.

3. Equity in rental property or other capital investments. Equity is the estimated current market value of the asset less the unpaid balance on all loans secured by the asset and all reasonable costs (e.g., broker fees) that would be incurred in selling the asset. Under HOME, equity in the family's primary residence is not considered in the calculation of assets for owner- occupied rehabilitation projects.

4. Cash value of stocks, bonds, Treasury bills, certificates of deposit, mutual funds, and money market accounts.

5. Individual retirement, 401(K), and Keogh accounts (even though withdrawal would result in a penalty).

6. Retirement and pension funds.

7. Cash value of life insurance policies available to the individual before death (e.g., surrender value of a whole life or universal life policy).

8. Personal property held as an investment such as gems, jewelry, coin collections, antique cars, etc.

9. Lump sum or one-time receipts, such as inheritances, capital gains, lottery winnings, victim's restitution, insurance settlements and other amounts not intended as periodic payments.

10. Mortgages or deeds of trust held by an applicant.

ASSET EXCLUSIONS:

1. Necessary personal property, except as noted in number 8 of Inclusions, such as clothing, furniture, cars and vehicles specially equipped for persons with disabilities.

2. Interest in Indian trust lands.

3. Assets not effectively owned by the applicant. That is, when assets are held in an individual's name, but the assets and any income they earn accrue to the benefit of someone else who is not a member of the household, and that other person is responsible for income taxes incurred on income generated by the asset.

4. Equity in cooperatives in which the family lives.

5. Assets not accessible to and that provide no income for the applicant.

6. Term life insurance policies (i.e., where there is no cash value).

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7. Assets that are part of an active business. "Business" does not include rental of properties that are held as an investment and not a main occupation.

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ATTACHMENT C

CURRENT INCOME LIMITS FOR SOLANO COUNTY

As of June 15, 2022

Household Size:

Income
Category:

1 2

3 4

5 6

7 8
30% $22,850 26,100 $29,350 32,600 35,250 $37,850 $40,450 $43,050 60% $45,660 $52,140 $58,680 $65,160 $70,380 $75,600 $80,820 $86,040 80% $60,800 $69,450 $78,150 $86,800 $93,750 $100,700 $107,650 $114,600

The link to the official, HCD-maintained HOME Income Limits is: http://www.hcd.ca.gov/grants- funding/income-limits/state-and-federal-income-limits.shtml Packet Page 257 of 575Attachment 2 Page 25 of 56

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ATTACHMENT D

IMPORTANT: Rent Standard represents the maximum approvable gross unit rent (meaning including the applicable Utility Allowance) by Unit Bedrooms

Final FY 2022 (effective 10/1/21 – 9/30/22) HUD FMRs By Unit Bedrooms http://www.huduser.org/portal/datasets/fmr.html
Efficiency
One-
Bedroom
Two-
Bedroom
Three-
Bedroom
Four-
Bedroom
Final FY 2022 HUD
FMR

$1232

$1408 $1677 $2382 $2870
Note: The FMRs for unit sizes larger than four bedrooms are calculated by adding 15 percent to the four-bedroom FMR for each extra bedroom. For example, the FMR for a five-bedroom unit is 1.15 times the four-bedroom FMR, and the FMR for a six-bedroom unit is 1.30 times the four-bedroom FMR.

CURRENT RENT STANDARDS FOR CITY OF FAIRFIELD TBRA PROGRAM, BASED ON 90% (*) - 110% (**) OF HUD FMRs BELOW:

Efficiency
(0-Bedroom)
One-Bedroom Two-Bedroom Three-Bedroom Four-Bedroom
$1,309 $1,486 $1,779 $2,545 $3,080
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ATTACHMENT E

HOME TBRA Eligibility Agreement

TENANT NAME:

Number of Household Members:

Unit Size:

Issued On:

1. HOME TBRA Rental Assistance Program

This Agreement by the City of Fairfield and the Tenant identified above who is eligible to participate in the HOME TBRA Rental Assistance Program (Program) operated by Fairfield Housing Authority Under the Program, the City of Fairfield makes monthly payments to the Landlord on behalf of the eligible Tenant pursuant to a separate agreement between the City of Fairfield and the landlord (HOME TBRA Contract) with HOME funds received from HCD pursuant to the Standard Agreement.

By executing this Agreement, the City of Fairfield fully expects to have HOME funds available to provide financial assistance to the Tenant. The City of Fairfield is under no obligation to the Tenant or the Landlord or any other party until the City of Fairfield has approved the unit and a lease addendum has been entered into between the Landlord and the Tenant.

The City of Fairfield will work with the Landlord and the Tenant to execute all of the necessary documents as follows:
• The Landlord and the Tenant must sign a Lease Addendum and an Additional Lease Addendum regarding domestic violence tenant protections (Attachments F and G).

• The Landlord and the City of Fairfield must sign a HOME Rental Assistance Contract (Attachment H).

• Once all necessary documents have been signed, payments to the Landlord can be processed.

2. Tenant and Program Share of the Rent
A. The portion of the rent payable by the Tenant to the Landlord ("Tenant's Share") is calculated based upon the Tenant's ability to pay. The Tenant must provide the Program Operator with information about income, assets and other household circumstances that affect the amount the Tenant will be required to pay. The Tenant's Share may change as a result of changes in income Packet Page 259 of 575Attachment 2 Page 27 of 56

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or other household circumstances. The Tenant is also responsible for payment of all utilities not included in the rent.

B. Each month, the TBRA Program will make a rental subsidy payment to the Landlord on behalf of the Tenant. The monthly payment will be equal to the difference between the approved rent the Landlord is charging and the Tenant's Share of the rent; or C. If applicable, each month, the TBRA Program will make the full rent payment to the Landlord and a partial payment for Utilities to the tenant, as determined using the local public housing authority’s (PHA’s) current utility allowance schedule.

3. Requirements for Participating Tenants
The Household must:
• supply true and complete information about the household's income, assets, and other household circumstances that affect eligibility and the amount of the Tenant's Share, and cooperate fully with initial, annual and interim re-examinations; • sign and submit consent forms for obtaining information, as applicable; • allow the Program Operator or its designee to inspect the unit at acceptable times, after giving reasonable notice (24 hours);
• use the dwelling unit as the household's principal place of residence and solely as a residence for the household;
• notify the Program Operator and property manager when there is a change in household composition;
• not sublease or sublet the unit;
• not own or have any interest in the unit;
• not commit any serious or repeated violation of the Lease; • not commit fraud, bribery or any other corrupt or criminal act in connection with the HOME Rental Assistance Program;
• not engage in drug-related criminal activity or violent criminal activity; • notify the owner and the Program Operator no less than 30-days prior to when the household intends to move out of the unit or terminate the assistance; • notify the Program Operator of abuses such as side payments or other overcharges and Section 8 Housing Quality Standards (see ATTACHMENT I) violations in the unit; and
• provide the Program Operator with a copy of any owner eviction notice within three (3) business days;

4. Period of Rental Assistance
Assistance under the HOME TBRA Program is not guaranteed. The assistance is currently anticipated to be available for a period of two (2) years.

Assistance may be terminated if:

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• the household’s monthly cost of housing does not exceed 30% of the household’s adjusted income;
• at any re-examination, the Tenant's income is greater than the published income limit for the program;
• the Tenant is evicted from the assisted unit, for other good cause; • the Tenant provides false information or commits any fraud in connection with the TBRA program, or fails to cooperate with required re-examinations; or • funding for the TBRA Rental Assistance Program is terminated or becomes otherwise unavailable.

The Program Operator will give the Tenant at least 30 days’ notice of termination of assistance.

5. Location of Rental Assistance
An applicant may choose to remain in their current unit, or may choose to rent an eligible unit within the service area identified in the Eligibility section on page 5.

6. Equal Housing Opportunity
If a Tenant has reason to believe that he/she has been discriminated against on the basis of age, race, color, creed, religion, sex, sexual orientation, gender identity, religion, disability, national origin, or familial status, the Tenant may file a complaint with HUD. HUD has set up a "hot line" to answer questions and take complaints about Fair Housing and Equal Opportunity. The toll-free number is (800) 669-9777.

The City of Fairfield:

Name:

Signature:

Date: Telephone:

ELIGIBLE TENANT:

Name:

Signature:

Date: Telephone:

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ATTACHMENT F

LEASE ADDENDUM

TENANT

LANDLORD UNIT NO. & ADDRESS

This Lease Addendum (“Addendum”) adds the following paragraphs to the Lease between the Tenant and Landlord referred to above.

A. Purpose of the Addendum. The Tenant Lease for the above-referenced unit is being amended to include the provisions of this Addendum because the Tenant has been approved to receive rental assistance under the City of Fairfield’s HOME Tenant-Based Rental Assistance Program operated by the Program Operator. Under the HOME Rental Assistance Program, the City of Fairfield will make monthly payments to the Landlord on behalf of the Tenant pursuant to the HOME TBRA Contract (Attachment H).

B. Conflict with Other Provisions of the Lease. In case of any conflict between the provisions of this Addendum and other sections of the Lease, the provisions of this Addendum shall prevail.

C. Terms of the Lease. The tenant lease shall continue until: (1) the Lease is terminated by the Landlord in accordance with applicable state and local Tenant/Landlord laws; or (2) the Lease is terminated by the Tenant in accordance with the Lease or by mutual agreement during the term of the Lease.

D. Rental Assistance Payment. Each month the City of Fairfield will make a rental assistance payment to the Landlord on behalf of the Tenant. This payment shall be credited by the Landlord toward the monthly rent payable by the Tenant. The balance of the monthly rent shall be paid by the Tenant.

E. Utilities and Appliances. The utilities and appliances listed in Column 1 are provided by the Landlord and included in the rent. The utilities and appliances listed in Column 2 below are not included in the rent and are paid separately by the Tenant.

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UTILITY/APPLI
ANCE
Included
in Rent
Tena
nt-Paid
Garbage Collection
Water/Sewer
Heating Fuel (specify)
Lights, electric
Cooking Fuel (specify)
Other (specify)
Refrigerator
Stove/Range

F. Household Members. Household members authorized to live in this unit are listed below.

The Tenant may not permit other persons to join the Household without notifying the City of Fairfield and obtaining the Landlord's permission. Household members:

•
•
•
•
•

G. Housing Quality Standards. The Landlord shall maintain the dwelling unit, common areas, equipment, facilities and appliances in decent, safe, and sanitary condition (as determined by Section 8 Housing Quality Standards).

H. Termination of Tenancy. The Landlord may evict the Tenant following applicable state and local laws. The landlord must provide the Tenant with at least 30 days' written notice of the termination. The Landlord must notify the City of Fairfield in writing when eviction proceedings have begun. This may be done by providing the City of Fairfield with a copy of the required notice to the Tenant.

I. Prohibited Lease Provision. Any provision of the Lease which falls within the classifications below shall not apply and not be enforced by the Landlord. (1) Confession of Judgment. Consent by the Tenant to be sued, to admit guilt, or to a judgment in favor of the Landlord in a lawsuit brought in connection with the Lease.

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(2) Treatment of Property. Agreement by the Tenant that the Landlord may take or hold the Tenant's property or may sell such property without notice to the Tenant and a court decision on the rights of the parties.
(3) Excusing the Landlord from Responsibility. Agreement by the Tenant not to hold the Landlord or Landlord's agent legally responsible for any action or failure to act, whether intentional or negligent.
(4) Waiver of Legal Notice. Agreement by the Tenant that the Landlord may institute a lawsuit without notice to the Tenant.
(5) Waiver of Court Proceedings for Eviction. Agreement by the Tenant that the Landlord may evict the Tenant Household (i) without instituting a civil court proceedings in which the Household has the opportunity to present a defense, or (ii) before a decision by the court on the rights of the parties.
(6) Waiver of Jury Trial. Authorization to the Landlord to waive the Tenant's right to a trial by jury.
(7) Waiver of Right to Appeal Court Decision. Authorization to the Landlord to waive the Tenant's right to appeal a court decision or waive the Tenant's right to sue to prevent a judgment from being put into effect.
(8) Tenant Chargeable with Cost of Legal Actions Regardless of Outcome of the Lawsuit.

Agreement by the Tenant to pay lawyer's fees or other legal costs whenever the Landlord decides to sue, whether or not the Tenant wins.

J. Nondiscrimination. The Landlord shall not discriminate against the Tenant in the provision of services, or in any other manner, on the grounds of age, race, color, creed, religion, sex, sexual orientation, gender identity disability, national origin, or familial status.

TENANT SIGNATURES LANDLORD SIGNATURES
By:
(Type or Print Name of Tenant Representative)
LANDLORD NAME:

(Signature/Date)
By:
(Type or Print Name of Landlord Representative)
By:
(Type or Print Name of Tenant Representative)

(Signature/Date)

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ATTACHMENT G

ADDITIONAL LEASE ADDENDUM
Violence Against Women and Justice Department Reauthorization Act of 2005

TENANT

LANDLORD UNIT NO. & ADDRESS

This lease addendum adds the following paragraphs to the Lease between the above-referenced Tenant and Landlord.

Purpose of the Addendum
The lease for the above referenced unit is being amended to include the provisions of the Violence Against Women and Justice Department Reauthorization Act of 2005 (VAWA).

Conflicts with Other Provisions of the Lease
In case of any conflict between the provisions of this Addendum and other sections of the Lease, the provisions of this Addendum shall prevail.

Term of the Lease Addendum
The effective date of this Lease Addendum is ______________. This Lease Addendum shall continue to be in effect until the Lease is terminated.

VAWA Protections

1. The Landlord may not consider incidents of domestic violence, dating violence or stalking as serious or repeated violations of the lease or other “good cause” for termination of assistance, tenancy or occupancy rights of the victim of abuse.

2. The Landlord may not consider criminal activity directly relating to abuse, engaged in by a member of a tenant’s household or any guest or other person under the tenant’s control, cause for termination of assistance, tenancy, or occupancy rights if the tenant or an immediate member of the tenant’s household is the victim or threatened victim of that abuse.

3. The Landlord may request in writing that the victim, or a household member on the victim’s behalf, certify that the individual is a victim of abuse and that the Certification of Domestic Violence, Dating Violence or Stalking, Form HUD-91066, or other documentation as noted on the certification form, be completed and submitted within 14 business days, or an agreed upon extension date, to receive protection under the Packet Page 265 of 575Attachment 2 Page 33 of 56

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VAWA. Failure to provide the certification or other supporting documentation within the specified timeframe may result in eviction.

_________________________________________ __________________ Tenant Date
_________________________________________ __________________ Landlord Date
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ATTACHMENT H

HOME TENANT-BASED RENTAL ASSISTANCE (TBRA) CONTRACT

LANDLORD NAME & ADDRESS
________________________
________________________
Telephone No. (___)___-____
UNIT NO. & ADDRESS
___________________
___________________
___________________

TENANT NAME(S)
___________________
___________________
___________________

This HOME TBRA Contract ("Contract") is entered into between the City of Fairfield and the Landlord identified above. This Contract applies only to the Tenant household and the dwelling unit identified above.

1. TERM OF THE CONTRACT
The term of this Contract shall begin on 1_______ and end no later than _____ .2 The Contract automatically terminates on the last day of the term of the Lease.

2. RENT AND AMOUNTS PAYABLE BY TENANT AND THE CITY OF FAIRFIELD A. Initial Rent. The initial total monthly rent payable to the Landlord for the 12 months of this Contract is $______________.

B. Rent Adjustments. With no less than 60 days’ notice to the Tenant and the City of Fairfield, the owner may propose a reasonable adjustment to be effective no earlier than 60 days from the date of notice. The proposed rent may be rejected by either the Tenant or the City of Fairfield. The Tenant may reject the proposed rent by providing the Landlord with 30 days' written notice of intent to vacate. If the City of Fairfield rejects the proposed rent, the City of Fairfield must give both the Tenant and the Landlord 30 days' notice of intent to terminate the HOME TBRA Contract.

1 Insert the date assistance starts.
2 The maximum allowable length of a HOME TBRA contract is twenty-four (24) months.

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C. Tenant Share of the Rent. Initially, and until such time as both the Landlord and the Tenant are notified by the City of Fairfield, the Tenant's share of the rent shall be $_______________.

D. The City of Fairfield’s Share of the Rent. Initially, and until such time as both the Landlord and Tenant are notified by the City of Fairfield, the City of Fairfield’s share of the rent shall be $_________. Neither the City of Fairfield nor HUD assumes any obligation for the Tenant's rent, or for payment of any claim by the Landlord against the Tenant. City of Fairfield’s obligation is limited to making rental payments on behalf of the Tenant in accordance with this Contract.

E. Payment Conditions. The right of the owner to receive payments under this Contract shall be subject to compliance with all of the provisions of the Contract. The Landlord shall be paid under this Contract on or about the first day of the month for which the payment is due. The Landlord agrees that the endorsement on the check shall be conclusive evidence that the Landlord received the full amount due for the month, and shall be a certification that:

1. the Contract unit is in decent, safe and sanitary condition, and that the Landlord is providing the services, maintenance and utilities agreed to in the Lease.

2. the Contract unit is leased to and occupied by the Tenant named above in this Contract.

3. the Landlord has not received and will not receive any payments as rent for the Contract unit other than those identified in this Contract.

4. to the best of the Landlord's knowledge, the unit is used solely as the Tenant's principal place of residence.

F. Overpayments. If the City of Fairfield determines that the Landlord is not entitled to any payments received, in addition to other remedies, the City of Fairfield may deduct the amount of the overpayment from any amounts due the Landlord, including the amounts due under any other HOME TBRA Contract.

3. HOUSING QUALITY STANDARDS AND LANDLORD-PROVIDED SERVICES A. The Landlord agrees to maintain and operate the Contract unit and related facilities to provide decent, safe and sanitary housing in accordance with 24 CFR Section 982.401, including all of the services, maintenance and utilities agreed to in the Lease.

B. The City of Fairfield and HCD shall have the right to inspect the Contract unit and related facilities at least annually, and at such other times as may be necessary to assure that the unit is in decent, safe, and sanitary condition, and that required maintenance, services and utilities are provided.

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C. If the City of Fairfield determines that the Landlord is not meeting these obligations, the City of Fairfield shall have the right, even if the Tenant continues in occupancy, to terminate payment of the City of Fairfield’s share of the rent and/or terminate the Contract.

4. TERMINATION OF TENANCY
The Landlord may evict the Tenant following applicable state and local laws. The Landlord must give the Tenant at least 30 days' written notice of the termination and notify the Program Operator in writing when eviction proceedings are begun. This may be done by providing the Program Operator with a copy of the required notice to the tenant.

5. FAIR HOUSING REQUIREMENTS
A. Nondiscrimination. The Landlord shall not, in the provision of services or in any other manner, discriminate against any person on the grounds of age, race, color, creed, religion, sex, sexual orientation, gender identity, disability, national origin, or familial status. The obligation of the Landlord to comply with Fair Housing Requirements insures to the benefit of the United States of America, the Department of Housing and Urban Development, and the City of Fairfield, any of which shall be entitled to involve any of the remedies available by law to redress any breach or to compel compliance by the Landlord.

B. Cooperation in Quality Opportunity Compliance Reviews. The Landlord shall comply with the City of Fairfield and with The California Department of Housing and Community Development (HCD) in conducting compliance reviews and complaint investigations pursuant to all applicable civil rights statutes, Executive Orders and all related rules and regulations.

6. City of Fairfield AND HCD/HUD ACCESS TO LANDLORD RECORDS A. The Landlord shall provide any information pertinent to this Contract which the City of Fairfield, HCD or HUD may reasonably require.

B. The Landlord shall permit the City of Fairfield, HCD or HUD, or any of their authorized representatives, to have access to the premises and, for the purposes of audit and examination, to have access to any books, documents, papers, and records of the Landlord to the extent necessary to determine compliance with this Contract.

7. RIGHTS OF THE City of Fairfield IF LANDLORD BREACHES THE CONTRACT A. Any of the following shall constitute a breach of the Contract:
(1) If the Landlord has violated any obligation under this Contract; or (2) If the Landlord has demonstrated any intention to violate any obligation under this Contract; or

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(3) If the Landlord has committed any fraud or made any false statement in connection with the Contract or has committed fraud or made any false statement in connection with any Federal housing assistance program.

B. The City of Fairfield right and remedies under the Contract include recovery of overpayments, termination or reduction of payments, and termination of the Contract. If the City of Fairfield determines that a breach has occurred, the City of Fairfield may exercise any of its rights or remedies under the Contract. The City of Fairfield shall notify the Landlord in writing of such determination, including a brief statement of the reasons for the determination. The notice by the City of Fairfield to the landlord may require the Landlord to take corrective action by a time prescribed in the notice.

C. Any remedies employed by the City of Fairfield in accordance with this Contract shall be effective as provided in a written notice by the City of Fairfield to the Landlord. The City of Fairfield exercise or non-exercise of any remedy shall not constitute a waiver of the right to exercise that or any other right or remedy at any time.

8. THE City of Fairfield’s RELATION TO THIRD PARTIES
A. The City of Fairfield does not assume any responsibility for, or liability to, any person injured as a result of the Landlord's action or failure to act in connection with the implementation of this Contract, or as a result of any other action or failure to act by the Landlord.

B. The Landlord is not the agent of the City of Fairfield, and this Contract does not create or affect any relationship between the City of Fairfield and any lender to the Landlord, or any suppliers, employees, contractors or subcontractors used by the Landlord in connection with this Contract.

C. Nothing in this Contract shall be construed as creating any right of the Tenant or a third party (other than HCD and HUD) to enforce any provision of this Contract or to assess any claim against HUD, HCD, the City of Fairfield or the Landlord under this Contract.

9. CONFLICT OF INTEREST PROVISIONS
No employee of the City of Fairfield, Name of Program Operator, or HCD who formulates policy or influences decisions with respect to the Rental Assistance Program, and no public official or member of a governing body or state of local legislator who exercise his functions or responsibilities with respect to the program shall have any direct or indirect interest during this person's tenure, or for one year thereafter, in this contract or in any proceeds or benefits arising from the Contract or to any benefits which may arise from it.

10. TRANSFER OF THE CONTRACT
The Landlord shall not transfer in any form this Contract without the prior written consent of the City of Fairfield. The City of Fairfield shall give its consent to a transfer if the transferee agrees in writing (in a form acceptable to the City of Fairfield to comply with all terms and conditions of this Contract.

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11. ENTIRE AGREEMENT: INTERPRETATION
A. This Contract contains the entire agreement between the Landlord and the City of Fairfield. No changes in this Contract shall be made except in writing signed by both the Landlord and the City of Fairfield.

B. The Contract shall be interpreted and implemented in accordance with HUD requirements.

12. WARRANTY OF LEGAL CAPACITY AND CONDITION OF UNIT
A. The Landlord warrants the unit is in decent, safe, and sanitary condition as defined in 24 CFR Section 982.401, and that the Landlord has the legal right to lease the dwelling unit covered by this Contract during the Contract term.

B. The party, if any, executing this Contract on behalf of the Landlord hereby warrants that authorization has been given by the Landlord to execute it on behalf of the Landlord.

Landlord Name (Type or Print): The City of Fairfield’s Representative:

(Signature/Date)

WARNING: 18 U.S.C. 1001 provides, among other things, that whoever knowingly and willingly makes or uses a document or writing containing any false, fictitious, or fraudulent statements or entries, in any matter within the jurisdiction of any department or agency of the United States, shall be fined not more than $10,000, or imprisoned for not more than five years, or both.

LANDLORD'S CHECK TO BE ACH CREDIT SERVICE or MAILED TO:

SS NO. __________________________

NAME(S)_____________________________________________________________

ADDRESS ___________________________________________________________

______________________________________________

SIGNATURE OF OWNER DATE
______________________________________________

SIGNATURE OF OWNER DATE

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ATTACHMENT I

24 CFR § 982.401 Housing Quality Standards (HQS)

(a) Performance and acceptability requirements.
(1) This section states the housing quality standards (HQS) for housing assisted in the programs.
(2)
(i) The HQS consist of:
(A) Performance requirements; and
(B) Acceptability criteria or HUD approved variations in the acceptability criteria. (ii) This section states performance and acceptability criteria for these key aspects of housing quality:
(A) Sanitary facilities;
(B) Food preparation and refuse disposal;
(C) Space and security;
(D) Thermal environment;
(E) Illumination and electricity;
(F) Structure and materials;
(G) Interior air quality;
(H) Water supply;
(I) Lead-based paint;
(J) Access;
(K) Site and neighborhood;
(L) Sanitary condition; and
(M) Smoke detectors.

(3) All program housing must meet the HQS performance requirements both at commencement of assisted occupancy, and throughout the assisted tenancy. (4)
(i) In addition to meeting HQS performance requirements, the housing must meet the acceptability criteria stated in this section, unless variations are approved by HUD. (ii) HUD may approve acceptability criteria variations for the following purposes:
(A) Variations which apply standards in local housing codes or other codes adopted by the PHA; or
(B) Variations because of local climatic or geographic conditions. (iii) Acceptability criteria variations may only be approved by HUD pursuant to paragraph (a)(4)(ii) of this section if such variations either:
(A) Meet or exceed the performance requirements; or
(B) Significantly expand affordable housing opportunities for families assisted under the program.

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(iv) HUD will not approve any acceptability criteria variation if HUD believes that such variation is likely to adversely affect the health or safety of participant families, or severely restrict housing choice.

(b) Sanitary facilities—
(1) Performance requirements. The dwelling unit must include sanitary facilities located in the unit. The sanitary facilities must be in proper operating condition, and adequate for personal cleanliness and the disposal of human waste. The sanitary facilities must be usable in privacy.
(2) Acceptability criteria.
(i) The bathroom must be located in a separate private room and have a flush toilet in proper operating condition.
(ii) The dwelling unit must have a fixed basin in proper operating condition, with a sink trap and hot and cold running water.
(iii) The dwelling unit must have a shower or a tub in proper operating condition with hot and cold running water.
(iv) The facilities must utilize an approvable public or private disposal system (including a locally approvable septic system).
(c) Food preparation and refuse disposal—
(1) Performance requirement.
(i) The dwelling unit must have suitable space and equipment to store, prepare, and serve foods in a sanitary manner.
(ii) There must be adequate facilities and services for the sanitary disposal of food wastes and refuse, including facilities for temporary storage where necessary (e.g, garbage cans). (2) Acceptability criteria.
(i) The dwelling unit must have an oven, and a stove or range, and a refrigerator of appropriate size for the family. All of the equipment must be in proper operating condition.

Fairfield City CouncilOctober 18, 2022

Fairfield City Council
October 18, 2022