Fairfield City Council
December 6, 2022

13 – North Cordelia in the amount of $234,927 for an initial six-month term beginning January 1, 2023, and ending June 30, 2023.

Section 2. The city manager is hereby authorized to extend the Agreement for up to two additional terms of up to 24 months each term including a negotiated scope of work and compensation adjustment not-to-exceed the June San Francisco-Oakland-Hayward Consumer Price Index for Urban Wage Earners and Clerical Workers (not seasonally adjusted for all items) upon mutual written agreement of both parties.

Section 3. The public works director is authorized and directed to do all things necessary to implement the Agreement.

PASSED AND ADOPTED this 6th day of December, 2022, by the following vote:

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

NOES: MEMBERS:

ABSENT: MEMBERS:

ABSTAIN: MEMBERS:

_________
MAYOR

ATTEST:

____________________________

CITY CLERK

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CONTRACTOR SERVICES AGREEMENT

LANDSCAPE MAINTENANCE SERVICES FOR LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT NO. 13 – NORTH CORDELIA

THIS AGREEMENT is made at Fairfield, California, as of ____________________, 2022, by and between the City of Fairfield, a municipal corporation (“CITY") and TerraCare Associates ("CONTRACTOR"), who agree as follows:

1) SERVICES. Subject to the terms and conditions set forth in this Agreement, CONTRACTOR shall provide to the CITY the services described in Exhibit “A.” CONTRACTOR shall provide said services at the time, place, and in the manner specified in Exhibit “A.”

2) PAYMENT. CITY shall pay CONTRACTOR for 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 CONTRACTOR for services rendered pursuant to this Agreement.

CONTRACTOR shall submit all billings for said services to the CITY in the manner specified in Exhibit “B.”

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

4) GENERAL PROVISIONS. The general provisions set forth in the City of Fairfield Standard Specifications and Details, latest edition and Exhibit “C” are part of this Agreement. In the event of any inconsistency between said general provisions and any other terms or conditions of this Agreement, the provisions set forth in Exhibit “C” shall control.

5) INSURANCE REQUIREMENTS. The insurance requirements set forth in Exhibit “D” are part of this Agreement. In the event of any inconsistency between said general provisions and 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.

7) TERM. This agreement shall be in effect from January 1, 2023, through June 30, 2023. This Agreement may be extended for up to two (2) additional terms of up to twenty-four (24) months each term with negotiated terms and conditions including a negotiated compensation adjustment not to exceed the June San Francisco-Oakland-Hayward Consumer Price Index for Urban Wage Earners and Clerical Workers (not seasonally adjusted for all items) upon mutual written Agreement of both parties.

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EXECUTED as of the day first above-stated.

City of Fairfield, a municipal corporation

By:

David Gassaway, Interim City Manager

TerraCare Associates

By:

Brian Helgoe, CEO
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EXHIBIT “A”

LANDSCAPE MAINTENANCE TECHNICAL PROVISIONS

1. LOCATION OF SERVICES

Landscaping and Lighting Maintenance District No. 13 – North Cordelia located west of the Suisun Valley Road and north of Interstate 80. Refer to the Area Index Maps. CONTRACTOR should conduct an independent field survey for exact measurement.

2. DESCRIPTION OF SERVICES

A. Lawn Care
I. Mowing
a. Lawns shall be mowed to maintain a neat, trim appearance. b. CONTRACTOR shall remove all litter, branches, and debris from lawn area prior to mowing.
c. Turf height shall be maintained at 3-inches during the summer and 2 ½ inches during the winter.
d. Mowing directions shall be periodically alternated.
e. “Scalping” of turf will not be permitted.
f. Tufts of grass in corners or other areas that cannot be reached by a mower shall be mowed with a monofilament line trimmer.
g. CONTRACTOR may choose to use mulching blades on mowers; however, CONTRACTOR shall remove all excessive mowed clippings to the satisfaction of CITY from the job site on the same day.
h. Mowing schedules shall be coordinated with CITY.
i. Any damage to the turf caused by a mower shall be repaired to the satisfaction of CITY at CONTRACTOR’s expense.

II. Edging
a. CONTRACTOR shall perform lawn edging in conjunction with each mowing. b. Lawn edging along paved areas, around valve boxes, v-ditches, and other utility structures shall be kept neat and manicured.
c. Edges along fences and walls shall be sprayed with herbicide to maintain a 4-inch border free of vegetation.

III. Blowing and Raking
a. Lawn clippings, leaf litter, and other debris shall be blown from all hardscape surfaces and planter beds after each mowing, edging, and as needed. b. All debris shall be removed from the site on the same day CONTRACTOR performs blowing or raking.
c. CONTRACTOR may employ vacuuming or sweeping instead of blowing.

IV. Hard Fescue
a. CONTRACTOR shall remove the seed heads from Hard Fescue (no-mow Fescue) and remove seed heads from the job site after cutting.

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b. CONTRACTOR shall repeat the work if seed heads are missed. c. CONTRACTOR shall perform edging of Hard Fescue (no-mow Fescue).

V. Aeration and Renovation
a. Lawn and Hard Fescue areas shall be aerated using a coring tine aerator (plugger) and shall be renovated as necessary to retain health and quality. b. Frequency of aeration shall be adjusted to maintain appropriate water penetration. c. All sprinkler heads, quick couplers, and other obscure features in lawn area shall be flagged prior to aeration.
d. CONTRACTOR shall make multiple passes with aerating device to ensure that holes are no more than six (6) inches apart.
e. Tines shall penetrate at least 2 ½ inches deep. Plug removal is not necessary. f. Immediately following aeration, CONTRACTOR shall bring bare patches and depressions to grade level and reseed the area.
g. CONTRACTOR must provide prior notification of planned turf renovation to receive payment for the work.

VI. Turf Replacement
a. CONTRACTOR shall remove and replace dead or irreparably damaged turf at its own expense if such death or damage is caused by any source other than major vandalism where the cost of replacement materials exceeds five hundred dollars ($500) before mark-up.
b. CONTRACTOR shall be responsible for up to five hundred dollars ($500) of materials before mark-up and all labor costs for the repair or replacement of any turf damaged as a result of vandalism.
c. CONTRACTOR shall remove damaged turf and replace with sod within two weeks of a major vandalism event.

VII. Tree Wells
a. Tree wells in lawn shall be maintained free of turf, weeds, and all debris at all times.

VIII. Pest Control
a. Lawn areas shall be kept free of weeds.
b. CONTRACTOR shall identify and control turf diseases and infestations of weeds, insects, or rodents in a timely manner.
c. CONTRACTOR shall apply a pre-emergent herbicide to control broad leaf and grassy weeds.
d. CONTRACTOR shall spot treat with a post-emergent herbicide to eradicate emerged broad leaf and grassy weeds.
e. CONTRACTOR shall exercise extreme care in the use of herbicides and insecticides to avoid harm to non-target plants, as well as non-target insects, such as bees. f. In the event a pest control method is unsuccessful, CONTRACTOR shall reapply or perform new pest control methods at CONTRACTOR's expense to correct failed treatments.
g. CONTRACTOR must provide prior notification of planned turf renovation to receive payment for the work.

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IX. Irrigation
a. CONTRACTOR shall immediately correct excessive or inadequate watering upon notification by CITY.
b. Watering shall be completed between the hours of 9pm and 6am as operationally feasible.
c. CONTRACTOR shall prevent runoff and ponding by setting irrigation controllers repeat cycling, where possible, to allow water to absorb.

X. Fertilizer Application
a. CONTRACTOR shall apply fertilizer in accordance with the maintenance schedule attached hereto and the fertilizer standards herein. All changes must be coordinated with CITY.

B. Tree Care
CONTRACTOR shall be responsible for all tree maintenance.

I. Pruning
a. CONTRACTOR shall ensure that only professionally qualified personnel perform pruning using approved methods and techniques and International Society of Arboriculture (ISA) pruning standards.
b. All pruning cuts shall maintain the tree’s natural appearance and the branch bark ridge and shall be cleanly cut with no tearing of the bark.
c. Trees shall be thinned out and shaped when necessary to prevent spread or wind damage.
d. Excessive pruning, stubbing back, and flush cuts shall not be permitted. e. Lower branches overhanging walkways or paths shall be raised to a height of eight (8) feet, or to a height specified by CITY.
f. Lower branches overhanging streets or driveways shall be raised to a height of fifteen (15) feet, or to a height specified by CITY.
g. Dead and damaged branches, suckers, water sprouts, and other undesirable growth shall be removed.
h. All hazards shall be removed immediately.

II. Staking and Guying
a. At CITY’s direction, CONTRACTOR shall maintain stakes and guys and replace with approved materials.
b. CONTRACTOR shall replace tree ties, as needed, to provide support without chafing bark. c. Additional stakes or ties shall be set, as needed, to prevent wind damage. d. CONTRACTOR shall remove stakes that are no longer needed for trees with sufficient trunk caliper at the direction of CITY.

III. Tree Removal
a. CONTRACTOR shall remove any tree that, in the sole opinion of CITY’s Certified Arborist, is unsafe, diseased, or damaged beyond recovery.
b. Tree removal shall include stump grinding to a depth of 12-inches, or as determined by the CITY.

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C. Shrub and Ground Cover Care
I. Shrub Pruning
a. Shrubs shall be tapered back to form a natural appearance; no vertical edges allowed. b. Shrubs and ground cover shall be pruned to prevent encroachment on walkways, streets, paths, curbs, paved areas, signs, fence lines, and lines of sight. Shrubs and ground cover shall be maintained inside the edges of curbs or planter bed borders. c. Shrubs and ground cover shall be pruned to remove all dead or damaged growth.

II. Shrub Removal
a. At the direction of CITY, CONTRACTOR shall remove any dead or damaged shrubs and replace the same with shrubs of equivalent size and variety up to 5 gallons when such death or damage is caused by negligence of CONTRACTOR.

III. Ground Cover Pruning
a. Vinca and Hypericum shall be mowed to encourage healthy growth and allow for irrigation coverage.
b. CONTRACTOR may be required to prune and edge more frequently if ground cover growth encroaches on walkways or streets.
c. Ground cover, such as ivy shall not be allowed to grow or spread onto trees, walls, fences, buildings and other amenities.

IV. Ground Cover Replacement
a. At the direction of CITY, CONTRACTOR shall remove any dead or damaged ground cover and replace the same with ground cover and replace the same with ground cover of equivalent size and variety up to 1 gallon when such death or damage is caused by negligence of the contractor.

V. Fertilization of Shrub Beds and Ground Cover Areas
a. CONTRACTOR shall fertilize shrub beds and ground cover areas in accordance with the maintenance scheduled attached hereto and the fertilizer standards herein. Schedule changes shall be coordinated with CITY.
b. CONTRACTOR shall apply a slow-release complete fertilizer approved by CITY at a rate of six (6) pounds per 1,000 square feet, or at a rate recommended by manufacturer.

VI. Weed Control
a. CONTRACTOR shall perform weed control in all shrub and ground cover areas.

VII. Pest and Disease Control
a. Planter beds and ground cover areas shall be kept free of weeds. b. CONTRACTOR shall provide prior notification of planned pesticide applications to receive payment for the work.
c. Pre-emergent Weed Control
(i) CONTRACTOR shall apply pre-emergent herbicide in accordance with the maintenance schedule attached hereto.
(ii) Pre-emergent herbicide must be approved by CITY in advance of application. (iii) Pre-emergent herbicide must be a broad-spectrum herbicide labeled for both broadleaf and grassy weeds.
(iv) CONTRACTOR may use a tank mix of two or more herbicides to achieve the desired spectrum of control.

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d. Snails and slugs shall be controlled with the use of CITY approved metaldehyde snail bait.

D. Irrigation System
I. General
a. CONTRACTOR shall provide labor, equipment, and materials for the repair or replacement of all irrigation system components beyond the water meter including leaking or malfunctioning main lines, lateral lines, sprinkler heads, valves, backflow prevention devices less than 4-inches in size, quick couplers, and irrigation controllers.

Repair or replacement of all malfunctioning irrigation system components shall be included in the total value of this contract.
b. Backflow prevention devices sized 4-inches and larger shall be the responsibility of CITY. c. Before beginning these maintenance program operations under the provisions of this Agreement, CONTRACTOR shall inspect all installed irrigation systems at each site and shall report damages or malfunctions of any system to CITY. d. It is CITYs objective to actively pursue water conservation within the maintenance program and CITY shall closely monitor the administration and specifications of irrigation.
e. CONTRACTOR shall adjust the irrigation system as necessary to prevent overspray onto paved areas and runoff down the gutters. Multiple repeat cycles shall be utilized as needed to provide best irrigation efficiency.
f. All controller stations shall be legibly labeled inside each controller box. Labeling shall include a description of the areas covered by each station. g. Flushing of systems and cleaning or replacement of all filters within the irrigation system is routine maintenance and shall not be considered extra work. CONTRACTOR shall flush the end of drip lines monthly to remove all dirt buildup. h. Plant material exhibiting signs of wilting due to lack of water shall result in withholding of monthly payment until the problem is corrected. Manual watering will be required as necessary to regain plant vigor at no extra cost to CITY. i. CONTRACTOR shall maintain all valve boxes and lids in good condition. This includes removal of any plant growth inside the boxes and removing any excessive dirt or debris from the inside of the box. Standing water in the valve boxes shall not be allowed to remain permanently.
j. CITY may, at its option, perform repairs in-house.

II. Irrigation Scheduling and Adjustments
a. CONTRACTOR shall program controllers to maintain healthy growing plant material. Each month CONTRACTOR shall provide CITY with a complete written schedule of watering for all controllers.
b. Irrigation schedules shall be coordinated with CITY and shall take place between 9:00 PM and 6:00 a.m., whenever possible. Saturdays, Sundays, afternoons, and early evening are the high public use times. Watering shall not take place Fridays at 7:00 a.m. through Sundays at 9:00 p.m., unless otherwise approved by CITY. c. Drip irrigation systems may be operated during the day. d. All sprinklers shall be adjusted properly to avoid spraying water on parked cars, roadways, walkways, buildings, signs, fences, and other property that may be damaged by water.
e. In the event that CITY crews are required to adjust irrigation scheduling due to CONTRACTOR’s improper management, CONTRACTOR may be billed CITY staff time and materials.

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f. CONTRACTOR shall perform a complete system check of all controllers and valves, including coverage testing and sprinkler adjustments no later than April 15th each year, unless otherwise directed by CITY.

III. Water Requirements
a. CONTRACTOR shall ensure watering requirements are met within each landscape area.

CONTRACTOR’s forces shall be capable of performing repairs, installations, and modifications of existing irrigation systems to adequately irrigate all landscaped areas on a year-round basis.
b. CONTRACTOR shall ensure that sprinkler heads are in good operational order, filters are cleaned regularly, and nozzles are replaced when worn or inadequate coverage occurs.

Any minor changes such as vertical or horizontal riser extensions, sprinkler head exchanges, and filter replacements will be considered shall be included in the total value of this contract.
c. All electrically operated valves shall close completely at the conclusion of the station watering program. Weeping valves shall be immediately repaired. d. Valve boxes shall be kept clean of rocks, soil, debris, and silt to a depth of 2” below the bottom of the valve. All valve box lids shall be in place and locking bolts secured at all times.

IV. Irrigation Repairs and Replacement
a. CONTRACTOR shall employ only qualified personnel to check irrigation controllers and activate all stations on every controller each week. Repairs and adjustments shall be made at that time.
b. Backflow prevention devices that have been repaired or replaced by CONTRACTOR shall be tested and approved by a certified tester on the City of Fairfield Certified Backflow Tester List prior to being returned to service.
c. Backflow prevention device installations shall meet City of Fairfield specifications.

CONTRACTOR shall obtain a no-fee encroachment permit prior to installation.

Installations that fail to meet specifications shall be corrected at CONTRACTOR expense. d. Any repair that necessitates removal of a valve body shall include the installation of pea gravel to a depth of four (4) inches below the valve and a union between the main line and the valve.
e. Main irrigation lines shall not demonstrate leakage when all control valves are in the closed position. Main line repairs shall be included in the total value of this contract. f. All irrigation system repairs, including vandalism shall be completed within 24 hours of CONTRACTOR receiving notification. If repairs cannot be accomplished within the designated time period, CONTRACTOR shall notify CITY immediately of the condition and provide an estimated time of when the repairs will be made. CONTRACTOR shall be responsible for watering the area effected by the irrigation system failure by other means (i.e. hose, etc.) until repairs are completed.
g. CONTRACTOR shall replace all broken irrigation system components with items of the same brand and model, or as approved by CITY.
h. All valves shall be kept in such condition that they are able to be manually operated by the bleeder valve.
i. CONTRACTOR shall repair and replace damaged or missing portions of the irrigation system if such damage or missing material is caused by any source other than major vandalism where the cost of replacement materials exceeds five hundred dollars ($500) before mark-up
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before mark-up and all labor costs for the repair or replacement of any irrigation system components damaged or missing as a result of vandalism

V. Controller Repairs
a. Repairs to irrigation controllers shall be CONTRACTOR’s responsibility. Controllers that are beyond repair will be replaced at CONTRACTOR’s expense. b. Automatic controllers and electrical conductors shall be kept operational year-round.

Controllers will be inspected periodically by CITY to ensure that each system’s programming is operational.
c. Controller cabinets shall be maintained clear of debris, nests, snails, and insects.

E. Fertilizer Standards
a. A balanced slow-release fertilizer with micro-nutrients is the minimum requirement for all applications.
b. Fertilizer selection must be approved by CITY.
c. CONTRACTOR must provide prior notification of planned fertilizer applications to receive payment for the application.
d. CONTRACTOR shall recover plant material that demonstrates leaf burning or other forms of chemical harm within 120 days from the date of notification or replace the plant material at its own expense.
e. Fertilizer applications which fail to produce the desired results shall be repeated at CONTRACTOR's own expense.

F. Pest Management
I. Laws and Regulations
a. CONTRACTOR shall comply with all Federal, State, and local laws and regulations governing the use of chemicals for the control of weeds, diseases and pests, including obtaining all the required permits and licenses for the possession and use of pesticides. b. CONTRACTOR shall register with the Solano County Department of Agriculture and shall obtain a Solano County Operator Identification Number for each year of the contract.

CONTRACTOR shall furnish CITY with annual proof of the Solano County registration documents with the Operator Identification Number.
c. Written recommendations from a licensed Pest Control Advisor will be required for all pesticide applications. A copy of these recommendations shall be made available to CITY for approval prior to any work.
d. CONTRACTOR shall permit pesticide applications to be done only by qualified and trained personnel under the supervision of a State licensed pest control operator or certified applicator using recognized and approved materials and methods. e. Employee pesticide training shall comply with the training regulations established by the California Department of Pesticide Regulation.
f. Use of aquatic pesticides, where applicable, shall comply with NPDES and California Department of Fish and Game regulations and must be approved in advance by CITY.

II. General
a. All pesticides must be approved in advance by CITY.
b. CONTRACTOR shall notify CITY prior to all scheduled pesticide applications and shall not receive payment for required applications if such notification has not been provided. c. Pesticide applications which fail to produce the desired results will be repeated at DocuSign Envelope ID: 1542C0AC-AA25-415D-B136-5DB46467B1A2 Packet Page 1008 of 1050Attachment 6 Page 9 of 36

CONTRACTOR’s expense.

III. Rodent Control
a. Trapping shall be the preferred method for rodent control in all landscape areas. b. Use of rodenticides must be approved in advance by CITY and baits must be placed within secured bait stations so as not to create a hazard to persons or pets.

IV. Integrated Pest Management
a. CONTRACTOR shall be provided with a copy of the City of Fairfield Integrated Pest Management (IPM) Policy and shall adhere to the practices contained within the Policy. b. Extremely toxic materials, such as Category I pesticides shall not be used.

G. General Maintenance and Cleanup
I. General
a. CONTRACTOR shall collect all mowed grass, clippings, trimmings, cuttings, rubbish and debris at each site covered by this Agreement and shall remove the same promptly from each site and dispose of same in a lawful manner at CONTRACTOR’s expense. b. All broken glass shall be immediately removed when discovered. c. CONTRACTOR shall keep sidewalks and paved areas swept and free of any dirt or soil that might be washed from adjacent slopes or planted areas.
d. CONTRACTOR shall repair any eroded places on the landscaped area covered by this Agreement by replacement of topsoil to bring such eroded places back to original grade.

The cause of erosion shall be promptly reported to CITY. e. Worksites shall be left orderly and neat upon completion of work. f. Upon notification by CITY, CONTRACTOR shall adjust scheduled site visits and other work to cause minimal impact on planned community activities occurring at each site.

II. Fence Lines
a. Fence lines shall be kept free of trash, weeds, grass, and pruning debris.

III. Dust Control
a. CONTRACTOR shall control airborne dust at all times. Dust control shall conform to section 10, “Dust Control,” of the State Standard Specifications. b. All costs associated with dust control are assumed to be included in the contract bid and no additional compensation will be allowed therefore.

H. High Weed Mowing
I. CONTRACTOR shall perform high weed mowing in areas shown in the Area Index Maps section and in accordance with the maintenance schedule attached hereto.

II. Weeds shall be mowed to a height less than four (4) inches.

III. Any weeds/grass left standing along fences or structures after mowing must be cut.

I. Miscellaneous Facilities
Services listed below shall be included in the total value of this contract.

I. Drainage System Areas
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a. All drainage systems used for the purposes of rainwater or irrigation water collection, including surface swales, trench drains, V-ditches, catch basins, or gutters shall be maintained in a clean condition free of debris, erosion waste, weeds, or any blockages. b. CONTRACTOR shall not be responsible for natural creeks and streams under this contract.
c. CONTRACTOR shall prevent any material created as a result of performing the work under this Agreement from entering the storm drain system. The storm drain system includes, but is not limited to, the gutter, the roadway, V-ditches, catch basins, creeks, and any underground storm water conduit. Proper storm water pollution prevention techniques and procedures shall be used during all phases of the maintenance work. d. All concrete-lined ditches within the landscape areas shall be kept clean and clear at all times. The catch basins that these ditches empty into shall be thoroughly cleaned out once per month by the 15th of each month between October 15 to April 15. More frequent cleaning may be required due to heavy rains. Edges should be checked periodically for erosion and damage to concrete structures. Special care will be taken by CONTRACTOR to keep debris out of all basins while V-ditch maintenance is occurring. e. CONTRACTOR shall notify CITY if drainage system is blocked by any offsite debris or erosion waste. Correction of the blockage will be coordinated by CITY. CONTRACTOR shall be entitled to additional compensation if CONTRACTOR performs works to correct blockage at CITY’s request.

II. Erosion Control
a. CONTRACTOR shall not be responsible for structural maintenance or repair or replacement of swales and drain lines except for such structural maintenance, repair, or replacement resulting from damage caused by CONTRACTOR or its agents. b. Erosion resulting from failure to maintain properly rooted plant material on slopes shall be the responsibility of CONTRACTOR to correct and to accomplish necessary cleanups. c. Erosion resulting from major storm damage that requires major slope reconstruction and/or installation of additional drainage facilities shall be the responsibility of others.

III. Sidewalks and Driveways
a. Debris and silt shall be immediately removed from sidewalks, gutters and driveways.

IV. Gravel Access Roads
a. CONTRACTOR shall apply pre-emergent herbicide on gravel access roads and keep the roads litter and weed free.

J. Pond Maintenance
I. General
a. CONTRACTOR is responsible for the pond at the North Cordelia Library location. b. CONTRACTOR shall visually inspected pond, remove trash and debris from pond and pump intake vault, and check operation of the fountain. c. CONTRACTOR shall operate pond fill valve as needed to maintain adequate water level and notify CITY each time fill valve is actuated.
d. The pond shall be free of any undesirable aquatic plant growth and any weeds developed along the edges.

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e. Pump motor replacement shall be the responsibility of CITY unless CONTRACTOR fails to perform specified maintenance. CONTRACTOR will be required to replace any pumps that fail due to negligence of CONTRACTOR.
f. All aquatic chemical use must be approved by the CITY prior to application and must comply with NPDES and directives established by all regulatory agencies.

II. Services Provided by CONTRACTOR
a. Supply of all chemicals for algae control; aquatic weed control; clarity control; biological stability and pH control.
b. Application of above chemicals to pond waters may include injection equipment and surface applications from a boat. Application may also be by vehicles around the perimeter of the pond, provided thorough coverage can be attained by a perimeter application.
c. CONTRACTOR must provide prior notification of planned aquatic chemical applications to receive payment for the application.
d. CONTRACTOR shall apply blue pond dye on an as-needed basis to maintain a deep blue color.

III. Algae Control
a. CONTRACTOR shall treat pond waters for algae.
b. CONTRACTOR shall not treat more than one-third (1/3) of the pond at one time to protect fish from oxygen depletion.

IV. Aquatic Weed Control
a. CONTRACTOR shall treat pond waters for aquatic weed control.

V. Clarity Control
a. CONTRACTOR shall treat pond waters for clarity control. b. Clarity control shall include the processes of increasing or deliberately reducing clarity for purposes of aesthetics or aquatic weed control. The control is responsible for increasing clarity unless doing so will have a detrimental effect on overall pond ecology.

VI. Biological Stability
a. CONTRACTOR shall be responsible for the biological stability of the pond waters.

Biological stability shall include control of nutrient levels in pond waters. b. CONTRACTOR shall employ techniques to modify nutrient levels to enhance the overall pond ecology.

VII. PH Control
a. CONTRACTOR shall apply necessary quantities of pH stabilizers to ensure that pH levels do not drop below levels potentially injurious to aquatic life. b. CONTRACTOR shall control pH to improve the performance of algaecides and herbicides when necessary.

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VIII. Additional Conditions
a. CONTRACTOR shall not be responsible for major repair of dams, drains, or any mechanical equipment unless an additional written agreement is established. b. CONTRACTOR shall be subject to implementing changes to its pond management techniques depending upon changes in regulations or interpretations of regulations by, but not limited to, the following organizations:
(i) The United States Environmental Protection Agency
(ii) The California Environmental Protection Agency (Cal/EPA) (iii) The California Department of Fish and Game
(iv) The California Department of Pesticide Regulation
(v) The California Regional Water Quality Control Board (vi) The California Department of Water Resources
(vii) Municipal or County regulatory agencies

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3. MAINTENANCE SCHEDULE

All schedules are subject to change at the pleasure of CITY or due to weather and other considerations.

LAWN AND HARD FESCUE CARE FREQUENCY
Leaf, Litter, and Trash Removal Weekly
Mow Weekly
Edging Weekly
Spot weed control Weekly
Hard Fescue (no-mow Fescue) edging 4x per year in February, May, September, and November
Hard Fescue (no-mow Fescue) seed head
removal
2x per year in June and July
Aeration and renovation 2x per year in March and September Pre-emergent weed control for broadleaf and
grassy weeds
4x per year in March, May, August, and November
Post-emergent weed control for broadleaf
and grassy weeds
4x per year in March, May, August, and November
Disease, insect, and rodent infestation control As Needed Fertilization 4x per year in March and September (within one week after aeration) and in May and November

TREE CARE FREQUENCY
Leaf, litter, and trash removal Monthly
Walkway and street clearance As needed
Pruning 2x per year in March and December
(Additional $102/hr)
Staking/removal/re-bracing As needed (Additional $102/hr) Dead and damaged branch removal As needed (Additional $102/hr) Removal As needed (Additional $102/hr)

SHRUBS AND GROUNDCOVER CARE FREQUENCY
Leaf, litter, and trash removal Monthly
Weed control Weekly
Shrub pruning 3x per year in April/May, July/August, and October/November
Mow Vinca and Hypericum 2x per year in March and September Prune & edge groundcover 4x per year in February, May, September, and November
Fertilization 4x per year in February, April, July, and October in areas covered by overhead irrigation
2x per year in February and November in areas
covered by drip irrigation
Pre-emergent weed control 4x per year in February, May, August, and November in areas covered by overhead irrigation
2x per year in February and November in areas
covered by drip irrigation
Pest and disease control As needed

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IRRIGATION SYSTEM FREQUENCY
System checks Monthly
Repairs Within 24-hours (business days) of notification Clean pump filters As needed, at least 4x per year (once per quarter)

GRAVEL ACCESS ROADS FREQUENCY
Leaf, litter, and trash removal Weekly
Pre-emergent 2x per year in February and November
Weed Control As needed

MISCELLANEOUS FACILITIES FREQUENCY
High weed mowing in undeveloped areas 3x per year in April, June, September V-ditch/drain inlet cleaning Weekly between October 15 and April 15

POND MAINTENANCE FREQUENCY
Full service 2x per week

PAVED AREAS FREQUENCY
Leaf, litter and trash removal Weekly

SITE CONSIDERATIONS FREQUENCY
Site Inspections with CITY At least once per month

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4. AREA MAPS INDEX

A. Map 1

= Maintenance Area

= High Weed Mow Area

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B. Map 2

= Maintenance Area

= High Weed Mow Area

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C. Map 3

= Maintenance Area

= High Weed Mow Area

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D. Map 4

= Maintenance Area

= High Weed Mow Area

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E. Map 5

= Maintenance Area

= High Weed Mow Area

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F. Map 6

= Maintenance Area

= High Weed Mow Area

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G. Map 7

= Maintenance Area

= High Weed Mow Area

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EXHIBIT “B”

PAYMENT

1) The total contract price for services rendered by CONTRACTOR under this Agreement shall not exceed $234,927.
2) Payment shall be made to CONTRACTOR based on monthly progress billings and final invoice. Final invoice to be submitted on completion of scope of work set forth in Exhibit “A”. 3) Any additional meetings or work required beyond that set forth in Exhibit “A” shall be mutually agreed to by the CITY and CONTRACTOR and shall be billed on a time and materials basis to the City of Fairfield.

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EXHIBIT “C”

GENERAL PROVISIONS
1) INDEPENDENT CONTRACTOR. At all times during the term of this Agreement, CONTRACTOR shall be an independent Contractor and shall not be an employee of CITY. CITY shall have the right to control CONTRACTOR only insofar as the results of CONTRACTOR's services rendered pursuant to this Agreement; however, CITY shall not have the right to control the means by which CONTRACTOR accomplishes services rendered pursuant to this Agreement. 2) LICENSES; PERMITS; ETC. CONTRACTOR represents and warrants to CITY that CONTRACTOR has all licenses, permits, qualifications, and approvals of whatsoever nature which are legally required for CONTRACTOR to practice CONTRACTOR's profession. CONTRACTOR represents and warrants to CITY that CONTRACTOR 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 CONTRACTOR to practice his profession.
3) TIME. CONTRACTOR shall devote such services pursuant to this Agreement as may be reasonably necessary for satisfactory performance of CONTRACTOR's obligations pursuant to this Agreement.

CONTRACTOR shall adhere to the Schedule of Activities as described in their Executive Summary. 4) CONTRACTOR NOT AN AGENT. Except as CITY may specify in writing, CONTRACTOR shall have no authority, express or implied, to act on behalf of CITY in any capacity whatsoever as an agent.

CONTRACTOR 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. CONTRACTOR shall assign only competent personnel to perform services pursuant to this Agreement. In the event that CITY, in its sole discretion, at anytime during the term of this Agreement, desires the removal of any person or persons assigned by CONTRACTOR to perform services pursuant to this Agreement, CONTRACTOR 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. CONTRACTOR 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 CONTRACTOR is engaged in the geographical area in which CONTRACTOR practices his profession. All products which CONTRACTOR 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 CONTRACTOR's profession. CITY shall be the sole judge as to whether the product of the CONTRACTOR is satisfactory. 8) CANCELLATION OF AGREEMENT. This Agreement may be canceled at any time by the CITY at its discretion upon written notification to CONTRACTOR. CONTRACTOR 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. CONTRACTOR shall be entitled to no further compensation for work performed after the date of receipt of written notice to cease work. All completed and incomplete products up to the date of receipt of written notice to cease work shall become the property of CITY.

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9) PRODUCTS OF CONSULTING. All products of the CONTRACTOR created under this Agreement shall be the property of the CITY.
10) INDEMNIFY AND HOLD HARMLESS. CONTRACTOR 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, errors or omissions, ultra-hazardous activities, activities giving rise to strict liability, or defects in design by CONTRACTOR or any person directly or indirectly employed by or acting as agent for CONTRACTOR 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 CONTRACTOR 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 CONTRACTOR 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.
11) 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. 12) LOCAL EMPLOYMENT POLICY. The CITY desires wherever possible, to hire qualified local 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, consultants 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.
13) CONTRACTOR NOT A PUBLIC OFFICIAL. CONTRACTOR is not a "public official" for purposes of Government Code §§ 87200 et seq. CONTRACTOR 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, CONTRACTOR possesses no authority with respect to any CITY decision beyond these conclusions, advice, recommendation, or counsel.
14) EMPLOYMENT DEVELOPMENT DEPARTMENT REPORTING REQUIREMENTS. When the CITY executes an agreement for or makes payment to CONTRACTOR in the amount of $600 (six hundred dollars) or more in any one calendar year, CONTRACTOR shall provide the following information to CITY to comply with Employment Development Department (EDD) reporting requirements:
a) Whether CONTRACTOR 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 CONTRACTOR is doing business as a sole proprietorship, CONTRACTOR shall provide the DocuSign Envelope ID: 1542C0AC-AA25-415D-B136-5DB46467B1A2 Packet Page 1024 of 1050Attachment 6 Page 25 of 36

full name, address and social security number or federal tax identification number of the sole proprietor.
c) If CONTRACTOR is doing business as other than a sole proprietorship, CONTRACTOR shall provide CONTRACTOR’s federal tax identification number. 15) LABOR AND WAGE CODE GUIDELINES. Attention is directed to Section 1777.5 of the Labor Code as it applies to Apprenticeship Standards.

The general prevailing wage rates for each craft, classification, or type of workman shall be determined by the Director of Industrial Relations (available online at http://www.dir.ca.gov/dlsr/PWD/index.html - select the appropriate wage decision and then collect the wage decisions for Statewide, Northern California and Solano County). A copy of these wage rate determination are kept on file are available for review at the Office of the City Engineer located at 1000 Webster Street.

In accordance with the provisions of Section 1860 of the California labor Code, attention is directed to the requirement that in accordance with the provisions of Section 3700 of the California Labor Code, every contactor will be required to secure the payment of compensation of his or her employees.

Attention is directed to the Federal Minimum wage rate requirements. If there is a difference between the minimum wage rates predetermined by the Secretary of Labor and the general prevailing wage rates determined by the Director of the California Department of Industrial relations for similar classifications of labor, the Contractor and subcontractors shall pay not less than the higher wage rates. The Department will not accept lower State wage rates not specifically included in the Federal minimum wage determinations. Where Federal wage determinations do not contain the State wage rate determination otherwise available for use by the Contractor and subcontractors, the Contractor and subcontractors shall pay not less than the Federal minimum wage rates, which most closely approximates the duties of the employees in question.

16) CONTRACT BONDS. The Contractor shall furnish one good and sufficient bond in compliance with applicable federal and state laws. The bond shall be a payment (labor and material) bond in the amount of one hundred percent (100%) of the contract price and shall remain in full force and effect for a period of six (6) months from and after the contract termination date to guarantee the payment of labor and materials. The bond shall be in the form set forth in the Articles of Agreement Section.

Whenever any surety or sureties on any such bonds, or on any bonds required by law for the protection of the claims of laborers and material men, become insufficient, or the City has cause to believe that such surety or sureties have become insufficient, a demand in writing may be made of the Contractor for such further bond or bonds or additional surety, not exceeding that originally required, as is considered necessary, considering the extent of the work remaining to be done.

Thereafter no payment shall be made upon such contract to the Contractor or any assignee of the Contractor until such further bond or bonds or additional surety has been furnished.

The City Engineer before execution of the contract by City may require that Contractor submit the documents enumerated in Code of Civil Procedure section 995.660 to verify the sufficiency of the surety or sureties on the contract bonds.

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EXHIBIT “D”

INSURANCE REQUIREMENTS
CONSULTANT 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 CONSULTANT, its agents, representatives, or employees. 1) MINIMUM SCOPE AND LIMITS OF INSURANCE
a) Commercial General Liability coverage (occurrence Form CG 00 01) with minimum limits of $2,000,000 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 $2,000,000 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.

Pollution 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 $__________.

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 CONSULTANT 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, pollution liability, garage keepers liability and builder’s risk policies) are to contain, or be endorsed to contain, the following provisions:

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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 CONSULTANT; products and completed operations of the CONSULTANT; premises owned, occupied or used by the CONSULTANT; and automobiles owned, leased, hired or borrowed by the CONSULTANT. The coverage shall contain no special limitations on the scope of protection afforded to the CITY, its officers, officials, employees or volunteers. ii) For any claims related to this project, the CONSULTANT’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 CONSULTANT’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 CONSULTANT’S insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability. 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.
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 CONSULTANT’S policy limits of coverage.

Therefore, the requirements for coverage and limits shall be (1) the minimum coverage and limits specified in this agreement, or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named insured, whichever is greater. c) ACCEPTABILITY OF INSURER. Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the CITY.

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; on forms equivalent to CG 20 10 11 85, subject to CITY approval; and submitted electronically through the Exigis insurance system to: [email protected].

All insurance certificates and endorsements are to be received and approved by the CITY before work commences. At the request of the CITY, CONSULTANT shall provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. d) SUB-CONTRACTORS. CONSULTANT shall require all subcontractors to procure and maintain insurance policies subject to the requirements of Exhibit D. Failure of CONSULTANT to verify existence of sub- contractor’s insurance shall not relieve CONSULTANT from any claim arising from sub-contractors work on behalf of CONSULTANT.

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PAYMENT BOND
(LABOR AND MATERIALS)
(include if project is over $25k)

KNOW ALL PERSONS BY THESE PRESENTS that:

WHEREAS the City of Fairfield (“City”) has awarded to

(Name and address of Contractor)
(“Contractor”), a contract (the “Contract”) for the work described as follows:

LANDSCAPE MAINTENANCE SERVICES FOR LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT NO. 13 – NORTH CORDELIA
WHEREAS, Contractor is required under the terms of the Contract and the California Civil Code to secure the payment of claims of laborers, mechanics, material men, and other persons as provided by law.

NOW, THEREFORE, we, the undersigned Contractor, as Principal, and

,
(Name and address of Surety)
(“Surety”) a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto City in the penal sum of two hundred thirty-four thousand nine hundred twenty-seven dollars ($234,927), this amount being not less than one hundred percent (100%) of the total contract price, in lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bounded Contractor, his, her or its heirs, executors, administrators, successors or assigns, or subcontractors shall fail to pay any of the persons named in Section 3181 of the California Civil Code, or any amounts due under the Unemployment Insurance Code with respect to work or labor performed under the Contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the Contractor and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code, with respect to work or labor performed under the Contract, the Surety will pay for the same in an amount not exceeding the penal sum specified in this bond; otherwise, this obligation shall become null and void.

This bond shall inure to the benefit of any of the persons named in Section 3181 of the California Civil Code so as to give a right of action to such persons or their assigns in any suit brought upon the bond. In case suit is brought upon this bond, Surety further agrees to pay all court costs and reasonable attorneys' fees in an amount fixed by the court.

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FURTHER, the Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, addition or modification to the terms of the Contract, or of the work to be performed thereunder, or the specifications for the same, shall in any way affect its obligations under this bond, and it does hereby waive notice of any such change, extension of time, alteration, addition, or modification to the terms of the Contract or to the work or to the specifications thereunder. Surety hereby waives the provisions of California Civil Code §§ 2845 and 2849.

IN WITNESS WHEREOF this instrument shall for all purposes be deemed an original hereof, have been duly executed by Contractor and Surety, on the date set forth below, the name of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body.

Dated:

“Contractor” “Surety”

By: By:

Title Title
By: By:

Title Title
(Seal) (Seal)
Note: This bond must be executed and dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney-in-fact must be attached.

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CALIFORNIA ALL-PURPOSE-ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document, to which this certificate is attached, and not the trustfulness, accuracy, or validity of that document.

State of California ) County of ____________________________ )
On ________________________ before me, _______________________________________, Date Here Insert Name and Title of the Officer Personally appeared ___________________________________________________________ Name(s) of Signer(s)
____________________________________________________________________________ Who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledgment to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

Place Notary Seal Above
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing
paragraph is true and correct.

WITNESS my hand and official seal.

Signature _____________________________
Signature of Notary Public

OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.

Description of Attached Document
Title or Type of Document: ____________________________ Document Date: ____________ Number of Pages: _______ Signer(s) Other Than Named Above: ________________________ Capacity(ies) Claimed by Signer(s)
Signer’s Name: ________________________
 Corporate Officer – Title(s):_____________
 Partner –  Limited  General
 Individual  Attorney in Fact
 Trustee  Guardian or Conservator
 Other: ______________________________
Signer Is Representing: __________________
_____________________________________
Signer’s Name: ________________________
 Corporate Officer – Title(s):_____________
 Partner –  Limited  General
 Individual  Attorney in Fact
 Trustee  Guardian or Conservator
 Other: ______________________________
Signer Is Representing: __________________
_____________________________________

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Certificate Of Completion
Envelope Id: 1542C0ACAA25415DB1365DB46467B1A2 Status: Completed Subject: Complete with DocuSign: TerraCare Agreement for LLMD No. 13 - North Cordelia (Final).docx Source Envelope:

Document Pages: 31 Signatures: 1 Envelope Originator:

Certificate Pages: 5 Initials: 0 Christiana Lewis
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-08:00) Pacific Time (US & Canada)
1000 Webster Street
Community Development - Building Services
Fairfield, CA 94533
[email protected]
IP Address: 64.162.152.2
Record Tracking
Status: Original
11/28/2022 12:11:34 PM
Holder: Christiana Lewis
[email protected]
Location: DocuSign
Security Appliance Status: Connected Pool: StateLocal
Storage Appliance Status: Connected Pool: City of Fairfield Location: DocuSign Signer Events Signature Timestamp
Brian Helgoe
[email protected]
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 12.204.22.44
Signed using mobile
Sent: 11/28/2022 12:12:33 PM
Viewed: 11/28/2022 1:22:15 PM
Signed: 11/28/2022 4:06:13 PM
Electronic Record and Signature Disclosure:

Accepted: 11/28/2022 4:05:58 PM
ID: 333d92ca-04de-4409-b810-cf304e68764f
In Person Signer Events Signature Timestamp
Editor Delivery Events Status Timestamp
Agent Delivery Events Status Timestamp
Intermediary Delivery Events Status Timestamp
Certified Delivery Events Status Timestamp
Carbon Copy Events Status Timestamp
David Mortensen
[email protected]
Security Level: Email, Account Authentication
(None)
Sent: 11/28/2022 12:12:34 PM
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Gary Sponsler
[email protected]
Security Level: Email, Account Authentication
(None)
Sent: 11/28/2022 12:12:34 PM
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Witness Events Signature Timestamp
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Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 11/28/2022 12:12:34 PM
Certified Delivered Security Checked 11/28/2022 1:22:15 PM Signing Complete Security Checked 11/28/2022 4:06:13 PM Completed Security Checked 11/28/2022 4:06:13 PM
Payment Events Status Timestamps
Electronic Record and Signature Disclosure
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ELECTRONIC RECORD AND SIGNATURE DISCLOSURE
From time to time, City of Fairfield (we, us or Company) may be required by law to provide to you certain written notices or disclosures. Described below are the terms and conditions for providing to you such notices and disclosures electronically through the DocuSign system.

Please read the information below carefully and thoroughly, and if you can access this information electronically to your satisfaction and agree to this Electronic Record and Signature Disclosure (ERSD), please confirm your agreement by selecting the check-box next to ‘I agree to use electronic records and signatures’ before clicking ‘CONTINUE’ within the DocuSign system.

Getting paper copies
At any time, you may request from us a paper copy of any record provided or made available electronically to you by us. You will have the ability to download and print documents we send to you through the DocuSign system during and immediately after the signing session and, if you elect to create a DocuSign account, you may access the documents for a limited period of time (usually 30 days) after such documents are first sent to you. After such time, if you wish for us to send you paper copies of any such documents from our office to you, you will be charged a $0.00 per-page fee. You may request delivery of such paper copies from us by following the procedure described below.

Withdrawing your consent
If you decide to receive notices and disclosures from us electronically, you may at any time change your mind and tell us that thereafter you want to receive required notices and disclosures only in paper format. How you must inform us of your decision to receive future notices and disclosure in paper format and withdraw your consent to receive notices and disclosures electronically is described below.

Consequences of changing your mind
If you elect to receive required notices and disclosures only in paper format, it will slow the speed at which we can complete certain steps in transactions with you and delivering services to you because we will need first to send the required notices or disclosures to you in paper format, and then wait until we receive back from you your acknowledgment of your receipt of such paper notices or disclosures. Further, you will no longer be able to use the DocuSign system to receive required notices and consents electronically from us or to sign electronically documents from us.

All notices and disclosures will be sent to you electronically Electronic Record and Signature Disclosure created on: 2/3/2021 9:06:07 AM Parties agreed to: Brian Helgoe
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Unless you tell us otherwise in accordance with the procedures described herein, we will provide electronically to you through the DocuSign system all required notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you during the course of our relationship with you. To reduce the chance of you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required notices and disclosures to you by the same method and to the same address that you have given us. Thus, you can receive all the disclosures and notices electronically or in paper format through the paper mail delivery system. If you do not agree with this process, please let us know as described below. Please also see the paragraph immediately above that describes the consequences of your electing not to receive delivery of the notices and disclosures electronically from us.

How to contact City of Fairfield:

You may contact us to let us know of your changes as to how we may contact you electronically, to request paper copies of certain information from us, and to withdraw your prior consent to receive notices and disclosures electronically as follows:

To contact us by email send messages to: [email protected]

To advise City of Fairfield of your new email address
To let us know of a change in your email address where we should send notices and disclosures electronically to you, you must send an email message to us at [email protected] and in the body of such request you must state: your previous email address, your new email address. We do not require any other information from you to change your email address.

If you created a DocuSign account, you may update it with your new email address through your account preferences.

To request paper copies from City of Fairfield
To request delivery from us of paper copies of the notices and disclosures previously provided by us to you electronically, you must send us an email to [email protected] and in the body of such request you must state your email address, full name, mailing address, and telephone number. We will bill you for any fees at that time, if any.

To withdraw your consent with City of Fairfield
To inform us that you no longer wish to receive future notices and disclosures in electronic format you may:

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i. decline to sign a document from within your signing session, and on the subsequent page, select the check-box indicating you wish to withdraw your consent, or you may; ii. send us an email to [email protected] and in the body of such request you must state your email, full name, mailing address, and telephone number. We do not need any other information from you to withdraw consent.. The consequences of your withdrawing consent for online documents will be that transactions may take a longer time to process..

Required hardware and software
The minimum system requirements for using the DocuSign system may change over time. The current system requirements are found here: https://support.docusign.com/guides/signer-guide- signing-system-requirements.

Acknowledging your access and consent to receive and sign documents electronically To confirm to us that you can access this information electronically, which will be similar to other electronic notices and disclosures that we will provide to you, please confirm that you have read this ERSD, and (i) that you are able to print on paper or electronically save this ERSD for your future reference and access; or (ii) that you are able to email this ERSD to an email address where you will be able to print on paper or save it for your future reference and access. Further, if you consent to receiving notices and disclosures exclusively in electronic format as described herein, then select the check-box next to ‘I agree to use electronic records and signatures’ before clicking ‘CONTINUE’ within the DocuSign system.

By selecting the check-box next to ‘I agree to use electronic records and signatures’, you confirm that:
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 Until or unless you notify City of Fairfield as described above, you consent to receive exclusively through electronic means all notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you by City of Fairfield during the course of your relationship with City of Fairfield.

Packet Page 1035 of 1050Attachment 6 Page 36 of 36

Agenda Item No: 27.

AGENDA REPORT
DATE:December 6, 2022
TO:Mayor and City Council
FROM:David Gassaway, Interim City Manager
SUBJECT:Public hearing; and
Resolution 2022­335 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, Submitting the Levy of a Special Tax to the Qualified Electors Thereof, and Rescinding Resolution No. 2022­285; and
Resolution 2022­336 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.

STATEMENT OF ISSUE
The conditions of approval for the Valley Strong Credit Union development require that the property be annexed to Community Facilities District No. 2012­2 (CFD 2012­2). CFD 2012­2 was formed by the City of Fairfield to provide funding for public safety services, open space operation, and park maintenance. Pursuant to the Mello­Roos Act, a public hearing must be held on the question of whether to annex the property to CFD 2012­2. Following the public hearing and in the absence of a majority protest, a resolution must be adopted to annex the territory to the CFD, authorize the levy of a special tax within the annexed territory subject to voter approval, and call an election to allow eligible voters to cast a ballot on the levy of the special tax. A subsequent resolution must declare the results of such election.

This matter was heard on October 18, 2022.  While Resolution No. 2022­285 was passed, annexing the property at issue to CFD 2012­2, the subsequent vote did not pass, as the landowner of the territory Packet Page 1036 of 1050

Agenda Item No: 27.AGENDA REPORTDATE:December 6, 2022 TO:Mayor and City CouncilFROM:David Gassaway, Interim City ManagerSUBJECT:Public hearing; andResolution 2022­335 of the City Council of the City of Fairfield Annexing Territory (ValleyStrong Credit Union) to Community Facilities District No. 2012­2 (Public SafetyServices, Open Space Operation, and Park Maintenance) as Annexation No. 60,Authorizing the Levy of a Special Tax Within the Annexed Territory, Submitting the Levyof a Special Tax to the Qualified Electors Thereof, and Rescinding Resolution No.2022­285; and Resolution 2022­336 of the City Council of the City of Fairfield Declaring the Results ofa 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 AmendedNotice of Special Tax Lien for City of Fairfield Community Facilities District No. 2012­2(Public Safety Services, Open Space Operation, and Park Maintenance) AnnexationNo. 60 (Valley Strong Credit Union)RECOMMENDED ACTIONHold public hearing and adopt resolutions.STATEMENT OF ISSUEThe conditions of approval for the Valley Strong Credit Union development require that the property beannexed to Community Facilities District No. 2012­2 (CFD 2012­2). CFD 2012­2 was formed by theCity of Fairfield to provide funding for public safety services, open space operation, and parkmaintenance. Pursuant to the Mello­Roos Act, a public hearing must be held on the question of whetherto annex the property to CFD 2012­2. Following the public hearing and in the absence of a majorityprotest, a resolution must be adopted to annex the territory to the CFD, authorize the levy of a specialtax within the annexed territory subject to voter approval, and call an election to allow eligible voters tocast a ballot on the levy of the special tax. A subsequent resolution must declare the results of suchelection.

This matter was heard on October 18, 2022.  While Resolution No. 2022­285 was passed, annexing the property at issue to CFD 2012­2, the subsequent vote did not pass, as the landowner of the territory inadvertently voted “no.”  Therefore, Resolution No. 2022­296 was not acted on.  The owners subsequently contacted the City to inform the City that they voted “no” in error and requested to re­cast their vote.

DISCUSSION
By Resolution No. 2012­233, the City Council established CFD 2012­2, a Mello­Roos community facilities district, with the intention that future development within the city would annex to this district.  The special taxes collected from the property owners within the district are used to fund public safety services, open space operation, and park maintenance in the Fairfield area.

The property proposed for annexation is owned by Valley Strong Credit Union and is located north of Manuel Campos Parkway and east of Interstate 80 within the boundaries of the assessor’s parcel numbers 0167­110­230 and 0167­110­250, as depicted on Exhibit A. The development on the property will be a Valley Strong Credit Union commercial building. Development of this property will change the property’s characteristics and manner in which the property will be used thereby creating a need for more services funded by CFD 2012­2.

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

Council adopted Resolution No. 2022­239 on September 6, 2022, to declare its intention to annex the territory to CFD 2012­2, and held a public hearing on October 18, 2022.  Following the close of the public hearing, the council adopted Resolution No. 2022­285 annexing the territory to CFD 2012­2, authorizing the levy of a special tax within the annexed territory subject to voter approval, and submitting the levy of special tax to the property owner, the sole elector within the annexed territory. Subsequent to the adoption of this resolution, the votes of the property owner was tallied, and the measure did not pass with a “no” vote.

The property owner reached out to the City and indicated they inadvertently voted “no” on the ballot and desired the opportunity to cast another ballot as a “yes” vote and waive any irregularities in the process.

The property owner submitted to the City a signed and notarized affidavit, attached to this staff report as Attachment 1, affirming their request to submit a new ballot.  As such, a new ballot was sent to the property owner.

The resolution attached to this staff report as Attachment 3 will annex the territory to CFD 2012­2, authorize the levy of a special tax within the annexed territory subject to voter approval, submit the levy of special tax to the property owner, call a new election to allow the property owner to cast another ballot on the levy of the special tax, and rescind Resolution No. 2022­285. The resolution attached to this staff report as Attachment 4 declares the results of the election and provides for the annexation of the property to CFD 2012­2 as authorized by the election. This is the final step in the process.

Once the annexation is complete, the annexed territory will be designated as Annexation No. 60. The property owner of Annexation No. 60 will be required to pay annual special taxes for CFD 2012­2, beginning in fiscal year (FY) 2023­2024 as itemized on their property tax bill in accordance with the Rate and Method of Apportionment of Special Tax for CFD 2012­2.

FINANCIAL IMPACT
The anticipated annual revenue to be received by the City (CFD 2012­2 Fund 332) for this annexation is estimated to be $3,767.70, which is based on the FY 2022­2023 maximum special tax rate for commercial property. The CFD 2012­2 maximum special tax rates include an automatic annual consumer price index (CPI) adjustment. The process for the annexation is funded by the developer and Packet Page 1037 of 1050

Agenda Item No: 27.AGENDA REPORTDATE:December 6, 2022 TO:Mayor and City CouncilFROM:David Gassaway, Interim City ManagerSUBJECT:Public hearing; andResolution 2022­335 of the City Council of the City of Fairfield Annexing Territory (ValleyStrong Credit Union) to Community Facilities District No. 2012­2 (Public SafetyServices, Open Space Operation, and Park Maintenance) as Annexation No. 60,Authorizing the Levy of a Special Tax Within the Annexed Territory, Submitting the Levyof a Special Tax to the Qualified Electors Thereof, and Rescinding Resolution No.2022­285; and Resolution 2022­336 of the City Council of the City of Fairfield Declaring the Results ofa 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 AmendedNotice of Special Tax Lien for City of Fairfield Community Facilities District No. 2012­2(Public Safety Services, Open Space Operation, and Park Maintenance) AnnexationNo. 60 (Valley Strong Credit Union)RECOMMENDED ACTIONHold public hearing and adopt resolutions.STATEMENT OF ISSUEThe conditions of approval for the Valley Strong Credit Union development require that the property beannexed to Community Facilities District No. 2012­2 (CFD 2012­2). CFD 2012­2 was formed by theCity of Fairfield to provide funding for public safety services, open space operation, and parkmaintenance. Pursuant to the Mello­Roos Act, a public hearing must be held on the question of whetherto annex the property to CFD 2012­2. Following the public hearing and in the absence of a majorityprotest, a resolution must be adopted to annex the territory to the CFD, authorize the levy of a specialtax within the annexed territory subject to voter approval, and call an election to allow eligible voters tocast a ballot on the levy of the special tax. A subsequent resolution must declare the results of suchelection.This matter was heard on October 18, 2022.  While Resolution No. 2022­285 was passed, annexingthe property at issue to CFD 2012­2, the subsequent vote did not pass, as the landowner of the territoryinadvertently voted “no.”  Therefore, Resolution No. 2022­296 was not acted on.  The ownerssubsequently contacted the City to inform the City that they voted “no” in error and requested to re­casttheir vote.  DISCUSSIONBy Resolution No. 2012­233, the City Council established CFD 2012­2, a Mello­Roos communityfacilities district, with the intention that future development within the city would annex to this district.  Thespecial taxes collected from the property owners within the district are used to fund public safetyservices, open space operation, and park maintenance in the Fairfield area.The property proposed for annexation is owned by Valley Strong Credit Union and is located north ofManuel Campos Parkway and east of Interstate 80 within the boundaries of the assessor’s parcelnumbers 0167­110­230 and 0167­110­250, as depicted on Exhibit A. The development on the propertywill be a Valley Strong Credit Union commercial building. Development of this property will change theproperty’s characteristics and manner in which the property will be used thereby creating a need formore services funded by CFD 2012­2.The City contracts with Willdan Financial Services for the preparation of resolutions and the completionof balloting procedures for annexations to existing CFDs. This process is a specialty service that theCity has contracted out since 1995 on an individual consultant services basis for each developmentrequiring annexation to a Mello­Roos community facilities district.Council adopted Resolution No. 2022­239 on September 6, 2022, to declare its intention to annex theterritory to CFD 2012­2, and held a public hearing on October 18, 2022.  Following the close of thepublic hearing, the council adopted Resolution No. 2022­285 annexing the territory to CFD 2012­2,authorizing the levy of a special tax within the annexed territory subject to voter approval, and submittingthe levy of special tax to the property owner, the sole elector within the annexed territory. Subsequent tothe adoption of this resolution, the votes of the property owner was tallied, and the measure did notpass with a “no” vote.  The property owner reached out to the City and indicated they inadvertently voted “no” on the ballot anddesired the opportunity to cast another ballot as a “yes” vote and waive any irregularities in the process.The property owner submitted to the City a signed and notarized affidavit, attached to this staff report asAttachment 1, affirming their request to submit a new ballot.  As such, a new ballot was sent to theproperty owner. The resolution attached to this staff report as Attachment 3 will annex the territory to CFD 2012­2,authorize the levy of a special tax within the annexed territory subject to voter approval, submit the levyof special tax to the property owner, call a new election to allow the property owner to cast another balloton the levy of the special tax, and rescind Resolution No. 2022­285. The resolution attached to this staffreport as Attachment 4 declares the results of the election and provides for the annexation of theproperty to CFD 2012­2 as authorized by the election. This is the final step in the process.Once the annexation is complete, the annexed territory will be designated as Annexation No. 60. Theproperty owner of Annexation No. 60 will be required to pay annual special taxes for CFD 2012­2,beginning in fiscal year (FY) 2023­2024 as itemized on their property tax bill in accordance with theRate and Method of Apportionment of Special Tax for CFD 2012­2. FINANCIAL IMPACTThe anticipated annual revenue to be received by the City (CFD 2012­2 Fund 332) for this annexation is estimated to be $3,767.70, which is based on the FY 2022­2023 maximum special tax rate for commercial property. The CFD 2012­2 maximum special tax rates include an automatic annual consumer price index (CPI) adjustment. The process for the annexation is funded by the developer and no general fund monies are used for this effort.

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

STAFF CONTACT
Chris Lewis, Sr. Management Analyst
(707) 428­7089
[email protected]
COORDINATED WITH
N/A
ATTACHMENTS:

Description
Attachment 1: Property Owner Affidavit
Attachment 2: Exhibit A Boundary Map
Attachment 3: Proposed Resolution Annexing Territory
Attachment 3a: Exhibit A ­ Ballot
Attachment 4: Proposed Resolution Declaring Results
Attachment 4a: Exhibit A ­ Declaring Results
REVIEWERS:

Reviewer Action Date
Panganiban, Ryan Approved 11/21/2022 ­ 7:16 PM
Beavers, Esther Approved 11/22/2022 ­ 10:49 AM
Beavers, Esther Approved 11/22/2022 ­ 10:49 AM
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CITY OF FAIRFIELD

RESOLUTION NO. 2022-335

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAIRFIELD ANNEXING TERRITORY (VALLEY STRONG CREDIT UNION) TO COMMUNITY FACILITIES DISTRICT NO. 2012-2 (PUBLIC SAFETY SERVICES, OPEN SPACE OPERATION, AND PARK MAINTENANCE) AS ANNEXATION NO. 60,

AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN THE ANNEXED TERRITORY, SUBMITTING

THE LEVY OF A SPECIAL TAX TO THE QUALIFIED ELECTORS THEREOF AND RESCINDING RESOLUTION NO. 2022-285

WHEREAS, this City Council, on September 6, 2022, adopted Resolution No. 2022-239 (Resolution of Intention) stating its intention to annex certain territory to the City’s existing Community Facilities District No. 2012-2 (Public Safety Services, Open Space Operation, and Park Maintenance) (CFD or CFD 2012-2), pursuant to the Mello-Roos Community Facilities Act of 1982, as amended (Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code) (Act); and

WHEREAS, a copy of the Resolution of Intention, incorporating a description and map of the proposed boundaries of the territory to be annexed to the CFD (Territory) and stating the facilities and services (Services) to be provided and the rate and method of apportionment of the special tax to be levied within the CFD to pay for the Services (Rate and Method), is on file with the city clerk and the provisions thereof are fully incorporated herein by this reference as if fully set forth herein; and

WHEREAS, the Resolution of Intention set October 18, 2022, as the date of the public hearing on the proposed annexation of the Territory to CFD 2012-2; and

WHEREAS, a notice of the public hearing was published in accordance with the Act; and

WHEREAS, on the October 18, 2022, this council held a public hearing as required by the Act and the Resolution of Intention relative to the proposed annexation of territory to the CFD; and

WHEREAS, at said hearing interested persons desiring to be heard on all matters pertaining to the annexation of the Territory to CFD 2012 -2 and the levy of said special taxes within the Territory were heard and a full and fair hearing was held, evidence was presented to this council regarding the annexation and special taxes, and this council is fully advised as to all matters relating to the annexation of the Territory to CFD 2012-2 and the special taxes; and

WHEREAS, prior to the time fixed for said hearing, written protests had not been filed with the city clerk against the proposed annexation of the Territory to CFD 2012-2 by (i) 50% or more of the registered voters, or six registered voters, whichever is more, residing in CFD 2012 -2, or (ii) Packet Page 1042 of 1050Attachment 3 Page 1 of 4

RES. NO. 2022-335

or more of the registered voters, or six registered, whichever is more, residing in the Territory, or (iii) owners of one-half or more of the area of land in CFD 2012-2 and not exempt from the levy of the special tax, or (iv) owners of one-half or more of the area of land in the Territory and not exempt from the levy of the special tax; and

WHEREAS, the special tax proposed to be levied in the Territory to pay for the cost of the Services, including incidental expenses, has not been precluded by a majority protest pursuant to Section 53324 of the Act; and

WHEREAS, Annexation Map No. 60 to CFD 2012-2 has been filed with the county recorder of the county of Solano, which map shows the Territory to be annexed to the CFD in these proceedings, and a copy thereof is on file with the city clerk; and

WHEREAS, following the public hearing on October 18, 2022, the council adopted its Resolution 2022-285 ordering the territory to be annexed to the CFD, subject to voter approval of the special tax, and calling a special election on such matter; and

WHEREAS, the council held the election and it was subsequently determined that the sole landowner in the territory inadvertently voted “no” on the ballot; and

WHEREAS, the landowner desires the opportunity to cast another ballot and waive any irregularities in the process; and

WHEREAS, the council wishes to rescind its Resolution No. 2022-285 and call a special election to allow the landowner the opportunity to cast another ballot; and

WHEREAS, on December 6, 2022, this council held a public hearing as required by the Act and the Resolution of Intention relative to the proposed annexation of territory to the CFD .

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

Section 1. The above recitals are true and correct and made a part hereof.

Section 2. All prior proceedings taken by this council, with respect to CFD 2012-2 and the proposed annexation of the Territory thereto, have been duly considered and are hereby determined to be valid and in conformity with the Act.

Section 3. This council determines that the project proposed for the Territory will intensify the use of the property creating a need for more Services under CFD 2012 -2. The Services that CFD 2012-2 is authorized to finance are in addition to those provided in or required for the territory within CFD 2012-2 and will not be replacing services already available.

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RES. NO. 2022-335

Section 4. The description and map of the boundaries of the Territory, as described in said Annexation No. 60 to the CFD, on file with the city clerk, are hereby finally approved, are incorporated herein by reference, and shall be included within the boundaries of CFD 2012-2, and said Territory is hereby ordered annexed to CFD 2012-2, subject to voter approval of the levy of the special taxes therein as hereinafter provided.

Section 5. The provisions of the Resolution of Intention, which has heretofore been adopted by this council, are by this reference incorporated herein as if fully set forth herein.

Section 6. It is the intention of this council that, except where funds are otherwise available to pay for the Services, a special tax, secured by recordation of a continuing lien against all non-exempt real property in the Territory, will be levied annually within the boundaries of the Territory from and after the annexation of the Territory to CFD 2012-2. The special taxes shall be those as originally authorized through the formation of CFD 2012-2 and adopted by ordinance of the legislative body of CFD 2012-2. For particulars, reference is hereby made to the Rate and Method. The special tax is hereby authorized, subject to approval by two-thirds of the votes cast within the Territory, commencing with the fiscal year 2023-2024, in accordance with the Rate and Method and procedures of the Act within the boundaries of the Territory to pay for the costs of the Services, including incidental expenses.

Section 7. Pursuant to the provisions of the Act, the proposition of the levy of the special tax within the Territory shall be submitted to the voters within the Territory at an election called therefore as hereinafter provided.

Section 8. This council hereby finds that fewer than 12 persons have been registered to vote within the Territory for each of the 90 days preceding the close of the public hearing heretofore conducted and concluded by this council for the purposes of these annexation proceedings.

Accordingly, and pursuant to Section 53326 of the Act, this council finds that for purposes of these proceedings the qualified electors are the landowners within the Territory and that the vote shall be by said landowners, each having one vote for each acre or each portion thereof such landowner owns in the Territory.

Section 9. Pursuant to Section 53326 of the Act, the election shall be conducted by mail ballot, in accordance with the applicable provisions of the California Elections Code governing mail ballot elections of cities, and in particular, the provisions of Division 4 (commencing with Section 4000), of that code, insofar as they have not been waived by the unanimous consent of all landowners of the Territory.

Section 10. This council calls a special election to consider the measure described in the ballot referred to in Section 11 below, which election will be held on December 6, 2022, (Election Day) in the office of the city clerk, at city hall, 1000 Webster Street, Fairfield, California.

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RES. NO. 2022-335

Section 11. The city clerk will be the election official to conduct the election and has caused to be provided to each landowner in the Territory, a ballot in the form of Exhibit A hereto, which is hereby approved.

Section 12. The city clerk has accepted the ballots of the qualified electors received prior to 6 p.m. on Election Day, whether received by mail or by personal delivery.

Section 13. This council hereby finds that the provisions of Section 53326 of the Act requiring a minimum of 90 days to elapse before the said election is for the protection of voters, that the voters have waived such requirement and the date for the election hereinabove specified is established accordingly.

Section 14. The council has reviewed and considered a written request by the qualified electors in this matter asking to re-cast their ballots in this matter due to a misunderstanding of the process and waiving all irregularities. The council hereby finds good cause to conduct a new election in this process at the request of the qualified electors in this matter.

Section 14. Resolution No. 2022-285 passed on October 18, 2022, is hereby declared null and void and is rescinded upon passage of this resolution.

PASSED AND ADOPTED this 6th day of December, 2022, by the following vote:

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

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

MAYOR
ATTEST:

CITY CLERK

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City of Fairfield
Community Facilities District No. 2012-2
(Public Safety Services, Open Space Operation, and Park Maintenance) Annexation No. 60

OFFICIAL BALLOT

SPECIAL TAX ANNEXATION ELECTION

This ballot is for the special landowner election. You must return this ballot, signed, in the enclosed envelope to the office of the City Clerk of the City of Fairfield no later than 6:00 p.m. on December 6, 2022, either by mail or in person. The City Clerk’s office is located at City Hall, 1000 Webster Street, 4th Floor, Fairfield, California, 94533.

To vote, mark in the voting square after the word “YES” or after the word “NO”.

For a list of acceptable marks, please refer to the back of this ballot.

If you wrongly mark, tear, or deface this ballot, return to the City Clerk of the City of Fairfield and obtain another.

BALLOT MEASURE: Shall the City of Fairfield, by and for its Community Facilities District No. 2012-2 (Public Safety Services, Open Space Operation, and Park Maintenance)
(the “CFD”), be authorized to levy special taxes within the territory annexed to the CFD pursuant to and as described in the Resolution of Intention of the City of Fairfield adopted by its Council on September 6, 2022?

YES:

NO:

By executing in the space provided below, you also confirm your waiver of the time limit pertaining to the conduct of the election and any requirement for notice of election and analysis and arguments with respect to the ballot measure, as such waivers are described and permitted by Section 53326 (a) and 53327 (b) of the California Government Code.

Acres Owned Within Territory Annexed: 1.69

Number of Votes: 2

Valley Strong Credit Union
Care of: Steven Matejka
11500 Bolthouse Drive
Bakersfield, CA 93311

Property Owner/Authorized Representative Signature: ________________________ Packet Page 1046 of 1050Attachment 4 Page 1 of 2

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CITY OF FAIRFIELD

RESOLUTION NO. 2022-336

RESOLUTION 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. 2012-2 (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. 2012-2 (PUBLIC SAFETY SERVICES, OPEN SPACE OPERATION, AND PARK MAINTENANCE) ANNEXATION NO. 60 (VALLEY STRONG CREDIT UNION)

WHEREAS, in proceedings heretofore conducted by this City Council pursuant to the Mello-Roos Community Facilities Act of 1982, as amended (Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code) (Act), this council has heretofore adopted a resolution calling a special election of the qualified landowner electors in the territory of land annexed to Community Facilities District No. 2012-2 (Public Safety Services, Open Space Operation, and Park Maintenance) (CFD or CFD 2012-2); and

WHEREAS, pursuant to the terms of the resolution, which is hereby incorporated herein by this reference, the special election has been held and the city clerk has filed a Canvass and Statement of Results of Election (Canvass) a copy of which is attached hereto as Exhibit A; and

WHEREAS, this council has reviewed the Canvass and hereby approves it.

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

Section 1. The above recitals are true and correct and made a part hereof.

Section 2. The issue presented at the special election was the levy of a special tax within the territory annexed to CFD 2012-2, to be levied in accordance with the Rate and Method of Apportionment heretofore approved by this council as described in Resolution No. 2022-335, a “Resolution of the City Council of the City of Fairfield Annexing Territory (Valley Strong Credit Union) to Community Facilities District No. 2012-2 (Public Safety Services, Open Space Operation, and Park Maintenance) as Annexation No. 60, Authorizing the Levy of a Special Tax Within the Annexed Territory, Submitting the Levy of a Special Tax to the Qualified Electors Thereof, and Rescinding Resolution No. 2022-285”, adopted December 6, 2022.

Section 3. Pursuant to the Canvass on file with the city clerk, the issue presented at the special election was approved by the landowners of the territory annexed to CFD 2012-2 by more than two- thirds of the landowners voting at the special election.

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RES. NO. 2022-336

Section 4. Pursuant to the voter approval, this council may levy special taxes within the territory annexed to CFD 2012-2 pursuant to Resolution No. 2022-335 adopted December 6, 2022, as heretofore provided in these proceedings.

Section 5. All prior proceedings taken by this council with respect to CFD 2012-2 and the annexation of the territory thereto, have been duly considered and are hereby determined to be valid and in conformity with the Act.

Section 6. Within 15 days of the date hereof, the city clerk shall execute and cause to be recorded in the office of the county recorder of the county of Solano, an amendment to the Notice of Special Tax Lien as required by Section 3117.5 of the California Streets and Highway Code.

PASSED AND ADOPTED this 6th day of December, 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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Exhibit A
City of Fairfield
Community Facilities District No. 2012-2
(Public Safety Services, Open Space Operation, and Park Maintenance) Annexation No. 60

CANVASS AND STATEMENT OF RESULTS OF ELECTION
I hereby certify that on this date, I canvassed the returns of the election held on December 6, 2022, in the territory annexed to Community Facilities District No. 2012-2 (Public Safety Services, Open Space Operation, and Park Maintenance) of the City of Fairfield which election is designed as the Special Tax Annexation Election, and the cast for and against the measure are as follows and the total as shown for and against the measure are full, true and correct:

City of Fairfield Community Facilities
District No. 2012-2 (Public Safety
Services, Open Space Operation, and
Park Maintenance)
Qualified
Landowner
Votes
Votes
Cast YES NO
Annexation No. 60 Special Tax
Annexation Election, December 6, 2022
BALLOT MEASURE: Shall the City of Fairfield, by and for its Community Facilities District No. 2012-2 (Public Safety Services, Open Space Operation, and Park Maintenance) (the “CFD”) be authorized to levy special taxes within the territory annexed to the CFD pursuant to and as described in the Resolution of Intention of the City of Fairfield adopted by its Council on September 6, 2022? IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND THIS _____ DAY OF DECEMBER, 2022.

CITY OF FAIRFIELD
By:________________________
City Clerk
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