Agenda, first session — Fairfield City Council, May 16, 2023 (part 1 of 3)

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

Members of the public can observe the meeting on Comcast Cable Channel 26, ATT UVerse 99, and webstreamed live at www.youtube.com/user/FFCATV/live . The public may join the meeting via Zoom at https://fairfieldca.zoom.us/j/89060213840?pwd=UUd0WlpEMStLemcxbld4dzVMK3Z5dz09 or via phone (408) 6380968, Webinar ID: 890 6021 3840, Passcode: 7074287400 CALL TO ORDER 6:00 PM
ROLL CALL
Councilmember Doug Carr
Councilmember Doriss Panduro
Councilmember Scott Tonnesen
Councilmember Rick Vaccaro
Councilmember K. Patrice Williams
Vice Mayor Pam Bertani
Mayor Catherine "Cat" Moy
INVOCATION Andre David Sr., Band of Believers Ministry PLEDGE OF ALLEGIANCE
COUNCIL REPORTS
CITY MANAGER REPORT
CITY ATTORNEY REPORT
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PRESENTATIONS

1.Poem and Proclamation Declaring Asian & Pacific Islander Heritage Month Presented by Poet Laureate Suzanne Bruce and Councilmember Rick Vaccaro
Contact:Karen Rees, (707) 428 7767
a

2.Proclamation Declaring National Public Works Week Presented by Councilmember K. Patrice Williams
Contact:Karen Rees, (707) 428 7767
a

3.Proclamation Declaring Building Safety Month Presented by Councilmember Doug Carr Contact:Karen Rees, (707) 428 7767
a

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

CONVENE MEETING OF THE HOUSING AUTHORITY
The holding of a joint meeting of the City Council and Housing Authority entitles the councilmembers to receive additional compensation of $35 for attending this joint meeting.

ROLL CALL
Commissioner Doug Carr
Commissioner Doriss Panduro
Commissioner Scott Tonnesen
Commissioner Rick Vaccaro
Commissioner K. Patrice Williams
Vice Chair Pam Bertani
Chair Catherine "Cat" Moy
HOUSING AUTHORITY PUBLIC HEARINGS

5.Public Hearing; and Resolution HA 202302 of the Fairfield Housing Authority Approving the Fairfield Housing Authority's Public Housing Agency Annual Plan for Fiscal Year 20232024 Recommended Action
Hold public hearing and adopt resolution.

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Funding Source
N/A
Tanya Tran, (707) 4287391
a
RECONVENE MEETING OF THE CITY COUNCIL
CONSENT CALENDAR
All matters listed on the Consent Calendar are to be approved with one motion unless a member of the City Council or the public requests that separate action be taken on a specific item.

6.Approval of Meeting Minutes from April 2023
Recommended Action
Approve the meeting minutes.

Funding Source
N/A
Contact:Esther Beavers, (707) 4287402
a

7.Resolution 2023115 of the City Council of the City of Fairfield Approving a Master Agreement with N. Harris Computer Corporation (DBA “Harris”) and Authorizing an Update to the Fiscal Year 20222023 Budget
Recommended Action
Adopt resolution.

Funding Source
$877,725; Water Capital Fund
Contact:Savita Chaudhary, (707) 4287542
a

8.Resolution 2023116 of the City Council of the City of Fairfield Authorizing the City Manager to Execute an Agreement for Missing Deferred Compensation Payments Owed to Employees Represented by Fairfield Police Management Association
Recommended Action
Adopt resolution.

Funding Source
$50,854.33; General Fund
Contact:Farbod Pirouzmand, (707) 4287397
a

9.Resolution 2023117 of the City Council and the City of Fairfield Authorizing the City Manager to Execute and Approve the Purchase of Technology Upgrade and Audio Video Equipment for the Police Department Art Koch Range and Training Facility
Recommended Action
Adopt resolution.

Funding Source
$170,848.20; General Fund
Contact:Sam Rowland, (707) 4287702
a

10.Resolution 2023118 of the City Council of the City of Fairfield Amending the Rockville Hills Regional Park Citizen Advisory Committee Guidelines to Increase the Number of Committee Packet Page 3 of 418

Funding Source
N/A
Contact:Gary Sponsler, (707) 4287416
a

11.Resolution 2023119 of the City Council of the City of Fairfield Authorizing the City Manager to Execute New Reduced Fare Taxi Agreements Between the City of Fairfield and Liberty Transit, Inc. and Veterans Corporation
Recommended Action
Adopt resolution.

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

12.Resolution 2023120 of the City Council of the City of Fairfield Authorizing the City Manager to Execute Amendment No. 1 to the Freeway Maintenance Agreement of State Highways Between the City of Fairfield and the State of California for the Maintenance of Insync Adaptive Traffic Signal Technology Systems and Emergency Vehicle Preemption Equipment at the Travis Boulevard & Westbound Interstate 80 OffRamp and the Travis Boulevard & Eastbound Interstate 80 OnRamp Intersections
Recommended Action
Adopt resolution.

Funding Source
$1,000; General Fund
Contact:Phil Layoso, (707) 4287505
a

13.Resolution 2023121 of the City Council of the City of Fairfield Authorizing Execution of the Improvement Agreement for the One Lake Vanden Road Utility Extension (DWR EP 1877 Amendment); and
Resolution 2023122 of the City Council of the City of Fairfield Authorizing Execution of the One Lake Planning Area 5 Interim Wastewater Facilities Agreement Recommended Action
Adopt resolutions.

Funding Source
N/A
Contact:Alvin Lei, (707) 4287476
a

14.Resolution 2023123 of the City Council of the City of Fairfield Granting Preliminary Approval of the Fiscal Year 20232024 Engineer’s Report, Declaring Intention to Order the Levy and Collection of Assessments, and Providing Notice of a Public Hearing Thereon for the Smith Ranch Assessment District
Recommended Action
Adopt resolution.

Funding Source
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CITY OF FAIRFIELDFAIRFIELD CITY COUNCILCONCURRENT MEETINGTUESDAY, MAY 16, 2023; 6:00 PMCOUNCIL CHAMBER, 1000 WEBSTER STREET, FAIRFIELD,CA 94533 OR VIA ZOOMAGENDANotice to PublicThe City of Fairfield is committed to providing meeting facilities that areaccessible to persons with disabilities and/or have language barriers. To requestmeeting materials in alternative formats, or to request a sign languageinterpreter, realtime captioning, or other accommodation, please contact theCity Clerk's Office, at least 72 hours in advance of the meeting at (707) 4287400.For individuals with hearing or speaking limitations, dial 711 or (800) 7352922(English). For Spanish, Tagalog or other language, please dial (800) 8553000and provide the communication assistant with the following City telephonenumber: (707) 3994010.Members of the public can observe the meeting on Comcast Cable Channel 26, ATT UVerse 99, andwebstreamed live at www.youtube.com/user/FFCATV/live . The public may join the meeting via Zoomat https://fairfieldca.zoom.us/j/89060213840?pwd=UUd0WlpEMStLemcxbld4dzVMK3Z5dz09 or viaphone (408) 6380968, Webinar ID: 890 6021 3840, Passcode: 7074287400CALL TO ORDER 6:00 PMROLL CALLCouncilmember Doug CarrCouncilmember Doriss PanduroCouncilmemberScott TonnesenCouncilmember Rick VaccaroCouncilmember K. Patrice Williams Vice Mayor Pam BertaniMayor Catherine "Cat" MoyINVOCATION Andre David Sr., Band of Believers MinistryPLEDGE OF ALLEGIANCECOUNCIL REPORTSCITY MANAGER REPORTCITY ATTORNEY REPORTCITY CLERK REPORTPRESENTATIONS1.Poem and Proclamation Declaring Asian & Pacific Islander Heritage Month Presented by PoetLaureate Suzanne Bruce and Councilmember Rick VaccaroContact:Karen Rees, (707) 428 7767a2.Proclamation Declaring National Public Works Week Presented by Councilmember K. PatriceWilliamsContact:Karen Rees, (707) 428 7767a3.Proclamation Declaring Building Safety Month Presented by Councilmember Doug CarrContact:Karen Rees, (707) 428 7767a4.Proclamation Celebration of Jeff Trager Presented by Councilmember Doriss PanduroContact:Karen Rees, (707) 428 7767aPUBLIC COMMENTS PUBLIC COMMENTSPersons wishing to address the City Council on subjects not on the agenda but within the jurisdictionof the council may do so at this time. The council cannot discuss or take action on matters not on theagenda for this meeting, but councilmembers may briefly respond to statements made or questionsraised by the public, ask for clarification from staff, refer the matter to staff, request staff to report backto the council at a subsequent meeting, or place the matter on a future agenda. To speak on anagenda item please use the “raise your hand” feature or press *9 on your phone. Speakers arelimited to three minutes per item.CONVENE MEETING OF THE HOUSING AUTHORITYThe holding of a joint meeting of the City Council and Housing Authority entitles thecouncilmembers to receive additional compensation of $35 for attending this joint meeting.ROLL CALLCommissioner Doug CarrCommissioner Doriss PanduroCommissioner Scott TonnesenCommissioner Rick VaccaroCommissioner K. Patrice Williams Vice Chair Pam BertaniChair Catherine "Cat" MoyHOUSING AUTHORITY PUBLIC HEARINGS5.Public Hearing; and Resolution HA 202302 of the Fairfield Housing Authority Approving theFairfield Housing Authority's Public Housing Agency Annual Plan for Fiscal Year 20232024Recommended ActionHold public hearing and adopt resolution.Funding SourceN/ATanya Tran, (707) 4287391aRECONVENE MEETING OF THE CITY COUNCILCONSENT CALENDARAll matters listed on the Consent Calendar are to be approved with one motion unless a member ofthe City Council or the public requests that separate action be taken on a specific item.6.Approval of Meeting Minutes from April 2023Recommended ActionApprove the meeting minutes.Funding SourceN/AContact:Esther Beavers, (707) 4287402a7.Resolution 2023115 of the City Council of the City of Fairfield Approving a Master Agreementwith N. Harris Computer Corporation (DBA “Harris”) and Authorizing an Update to the FiscalYear 20222023 BudgetRecommended ActionAdopt resolution.Funding Source$877,725; Water Capital FundContact:Savita Chaudhary, (707) 4287542a8.Resolution 2023116 of the City Council of the City of Fairfield Authorizing the City Manager toExecute an Agreement for Missing Deferred Compensation Payments Owed to EmployeesRepresented by Fairfield Police Management AssociationRecommended ActionAdopt resolution.Funding Source$50,854.33; General FundContact:Farbod Pirouzmand, (707) 4287397a9.Resolution 2023117 of the City Council and the City of Fairfield Authorizing the City Manager toExecute and Approve the Purchase of Technology Upgrade and Audio Video Equipment for thePolice Department Art Koch Range and Training FacilityRecommended ActionAdopt resolution.Funding Source$170,848.20; General FundContact:Sam Rowland, (707) 4287702a10.Resolution 2023118 of the City Council of the City of Fairfield Amending the Rockville HillsRegional Park Citizen Advisory Committee Guidelines to Increase the Number of CommitteeMembersRecommended ActionAdopt resolution.Funding SourceN/AContact:Gary Sponsler, (707) 4287416a11.Resolution 2023119 of the City Council of the City of Fairfield Authorizing the City Manager toExecute New Reduced Fare Taxi Agreements Between the City of Fairfield and Liberty Transit,Inc. and Veterans CorporationRecommended ActionAdopt resolution.Funding SourceN/AContact:Diane Feinstein, (707) 4343808a12.Resolution 2023120 of the City Council of the City of Fairfield Authorizing the City Manager toExecute Amendment No. 1 to the Freeway Maintenance Agreement of State Highways Betweenthe City of Fairfield and the State of California for the Maintenance of Insync Adaptive TrafficSignal Technology Systems and Emergency Vehicle Preemption Equipment at the TravisBoulevard & Westbound Interstate 80 OffRamp and the Travis Boulevard & EastboundInterstate 80 OnRamp IntersectionsRecommended ActionAdopt resolution.Funding Source$1,000; General FundContact:Phil Layoso, (707) 4287505a13.Resolution 2023121 of the City Council of the City of Fairfield Authorizing Execution of theImprovement Agreement for the One Lake Vanden Road Utility Extension (DWR EP 1877Amendment); andResolution 2023122 of the City Council of the City of Fairfield Authorizing Execution of the OneLake Planning Area 5 Interim Wastewater Facilities AgreementRecommended ActionAdopt resolutions.Funding SourceN/AContact:Alvin Lei, (707) 4287476a14.Resolution 2023123 of the City Council of the City of Fairfield Granting Preliminary Approval ofthe Fiscal Year 20232024 Engineer’s Report, Declaring Intention to Order the Levy andCollection of Assessments, and Providing Notice of a Public Hearing Thereon for the SmithRanch Assessment DistrictRecommended Action Adopt resolution.

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

15.Resolution 2023124 of the City Council of the City of Fairfield Approving the Plans and Specifications and Awarding a Construction Contract to St. Francis Electric, LLC. for the HSIP Cycle 9 HAWK Signals Project, Federal Aid Project No. HSIPL5132(051) and Authorizing an Update to the Fiscal Year 20222023 Budget
Recommended Action
Adopt resolution.

Funding Source
$2,162,504; Capital Streets Fund
Contact:David Vong, (707) 4287784
a

16.Resolution 2023125 of the City Council of the City of Fairfield Authorizing the City Manager to Issue a Notice to Proceed to Willdan Energy Solutions to Perform an Investment Grade Audit Recommended Action
Adopt resolution.

Funding Source
N/A
Contact:Marisa Cumpian, (707) 4287494
a

17.Resolution 2023126 of the City Council of the City of Fairfield Authorizing the Levy of Special Taxes within Community Facilities District No. 1 for Fiscal Year 20232024 Recommended Action
Adopt resolution.

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

18.Resolution 2023127 of the City Council of the City of Fairfield Approving a FiveYear Assessment Levy Schedule for the Proposed Landscaping and Lighting Maintenance District No. 202312 (Downtown Business District)
Recommended Action
Adopt resolution.

Funding Source
N/A
Contact:Chris Lewis, (707) 4287089
a
ADJOURN TO TUESDAY, JUNE 6, 2023, 6:00 P.M., COUNCIL CHAMBER.

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

PUBLIC NOTIFICATION
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PUBLIC NOTIFICATION
I, Esther Beavers, Deputy City Clerk, do hereby certify that I have caused a true copy of the above notice and agenda to be delivered to each of the members of the Fairfield City Council, at the time and in the manner prescribed by law and that this agenda was posted at City Hall, 1000 Webster Street, Fairfield, California on Wednesday, May 10, 2023.

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Agenda Item No: 5.

AGENDA REPORT
DATE:May 16, 2023
TO:Mayor and City Council
FROM:David Gassaway, Executive Director
SUBJECT:Public Hearing; and Resolution HA 202302 of the Fairfield Housing Authority Approving the Fairfield Housing Authority's Public Housing Agency Annual Plan for Fiscal Year 20232024
RECOMMENDED ACTION
Hold public hearing and adopt resolution.

STATEMENT OF ISSUE
The U.S. Department of Housing and Urban Development (HUD) requires the Fairfield Housing Authority (FHA) to prepare and submit a Public Housing Agency (PHA) Annual Plan to receive continued federal funding for the Housing Choice Voucher (HCV) Program. HUD requires a minimum of one public hearing as a prerequisite for any plan's approval.

DISCUSSION
The PHA Plan is a comprehensive guide to a PHA's policies, programs, operations, and strategies for meeting local housing needs and goals. It informs HUD, residents, and the public of the PHA's mission for serving the needs of lowincome and very lowincome families and the PHA's strategy for addressing those needs. There are two parts to the PHA Plan. The 5Year Plan, which each PHA submits to HUD once every fifth fiscal year, describes the agency's mission, goals, and objectives. The second component is the Annual Plan, which is submitted to HUD every year, and covers the policies and procedures of the agency. The PHA's current 5Year Plan expires June 30, 2026.

With over 800 vouchers authorized, the HCV Program is the City of Fairfield's singlemost impactful program to address homelessness. These vouchers provide eligible households with a monthly subsidy, paid directly to the landlord, to help provide stable housing conducive to selfsufficiency. Units assisted by these vouchers are determined primarily by the participant's family, consistent with fair housing laws. The FHA has a policy to encourage participant families to search for housing outside highpoverty or minority concentration areas. The FHA does not own or operate public housing units; therefore, participant families must rent directly from private landlords. Assisted units must always meet basic health and safety requirements, called Housing Quality Standards (HQS).

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Agenda Item No: 5.AGENDA REPORTDATE:May 16, 2023 TO:Mayor and City CouncilFROM:David Gassaway, Executive Director SUBJECT:Public Hearing; and Resolution HA 202302 of the Fairfield Housing AuthorityApproving the Fairfield Housing Authority's Public Housing Agency Annual Plan forFiscal Year 20232024RECOMMENDED ACTIONHold public hearing and adopt resolution.STATEMENT OF ISSUEThe U.S. Department of Housing and Urban Development (HUD) requires the Fairfield HousingAuthority (FHA) to prepare and submit a Public Housing Agency (PHA) Annual Plan to receivecontinued federal funding for the Housing Choice Voucher (HCV) Program. HUD requires a minimum ofone public hearing as a prerequisite for any plan's approval.DISCUSSIONThe PHA Plan is a comprehensive guide to a PHA's policies, programs, operations, and strategies formeeting local housing needs and goals. It informs HUD, residents, and the public of the PHA's missionfor serving the needs of lowincome and very lowincome families and the PHA's strategy foraddressing those needs. There are two parts to the PHA Plan. The 5Year Plan, which each PHAsubmits to HUD once every fifth fiscal year, describes the agency's mission, goals, and objectives. Thesecond component is the Annual Plan, which is submitted to HUD every year, and covers the policiesand procedures of the agency. The PHA's current 5Year Plan expires June 30, 2026.With over 800 vouchers authorized, the HCV Program is the City of Fairfield's singlemost impactfulprogram to address homelessness. These vouchers provide eligible households with a monthlysubsidy, paid directly to the landlord, to help provide stable housing conducive to selfsufficiency. Unitsassisted by these vouchers are determined primarily by the participant's family, consistent with fairhousing laws. The FHA has a policy to encourage participant families to search for housing outsidehighpoverty or minority concentration areas. The FHA does not own or operate public housing units;therefore, participant families must rent directly from private landlords. Assisted units must always meet basic health and safety requirements, called Housing Quality Standards (HQS).

The Annual PHA Plan document is a template created and required by HUD. Because every housing authority must use the same template, many sections do not apply to the FHA because it does not own or administer any public housing units; these sections are marked as not applicable. All goals in the FHA 5year and Annual Plans are in line with the components of the City's draft Housing Element.

FINANCIAL IMPACT
Submission and approval of the FHA Annual Plan is the basis for receiving over $10,000,000 of federal funds from HUD to the FHA (Fund 21).

PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
The Notice for the FHA Annual Plan was advertised in the Daily Republic on March 22, 2023, and made available in the following locations for 45 days:

Fairfield Housing Authority, 1525 Webster St., Suites A and B, Fairfield, CA 94533 Fairfield Civic Center Library, 1150 Kentucky Street
Fairfield City Clerk's office, 1000 Webster Street, 4th Floor ALTERNATIVE ACTION
If the FHA decides not to move forward with this item, the longevity of the HCV program could be jeopardized and risk critical rental assistance subsidies to many vulnerable people in the city of Fairfield.

STAFF CONTACT
Tanya Tran, Housing Division Manager
(707) 4287391
[email protected]
COORDINATED WITH
ATTACHMENTS:

Description
Proposed Resolution
PHA Annual Plan
REVIEWERS:

Reviewer Action Date
MayaGuerrero, Iris Approved 5/1/2023 4:24 PM
MayaGuerrero, Iris Approved 5/1/2023 4:24 PM
MayaGuerrero, Iris Approved 5/1/2023 4:25 PM
Beavers, Esther Approved 5/2/2023 10:38 AM
Beavers, Esther Approved 5/2/2023 10:40 AM
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FAIRFIELD HOUSING AUTHORITY

RESOLUTION NO. HA2023-02

RESOLUTION OF THE FAIRFIELD HOUSING AUTHORITY APPROVING THE FAIRFIELD HOUSING AUTHORITY’S PUBLIC HOUSING AGENCY ANNUAL PLAN FOR FISCAL YEAR 2023-2024

WHEREAS, in order to receive Housing Choice Voucher funding from the U.S. Department of Housing and Urban Development (HUD), the Fairfield Housing Authority must submit an approved Public Housing Agency (PHA) Annual Plan to HUD; and

WHEREAS, the Fairfield Housing Authority prepared the required updated PHA Annual Plan for fiscal year 2023-2024 (Annual Plan) as attached hereto; and

WHEREAS, to obtain public comments on the Annual Plan, a 45-day public comment period was advised and observed beginning on March 22, 2023, and a public hearing was held on May 16, 2023.

NOW, THEREFORE, THE FAIRFIELD HOUSING AUTHORITY HEREBY RESOLVES:

Section 1. The Annual Plan, as attached hereto Exhibit A, is hereby approved and accepted.

Section 2. The Executive Director is hereby authorized and directed to do all actions required to submit the Annual Plan to HUD.

PASSED AND ADOPTED this 16th day of May, 2023, by the following vote:

AYES: COMMISSIONERS: MOY / BERTANI / CARR /PANDURO / TONNESEN/ VACCARO / WILLIAMS

NOES: COMMISSIONERS:

ABSENT: COMMISSIONERS:

ABSTAIN: COMMISSIONERS:

CHAIR

ATTEST:

____________________________

SECRETARY
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Streamlined Annual
PHA Plan
(HCV Only PHAs)
U.S. Department of Housing and Urban Development
Office of Public and Indian Housing
OMB No. 2577-0226
Expires 03/31/2024

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Purpose. The 5-Year and Annual PHA Plans provide a ready source for interested parties to locate basic PHA policies, rules, and requirements concerning the PHA’s operations, programs, and services, including changes to these policies, and informs HUD, families served by the PHA, and members of the public of the PHA’s mission, goals and objectives for serving the needs of low- income, very low- income, and extremely low- income families

Applicability. The Form HUD-50075-HCV is to be completed annually by HCV-Only PHAs. PHAs that meet the definition of a Standard PHA, Troubled PHA, High Performer PHA, Small PHA, or Qualified PHA do not need to submit this form. Where applicable, separate Annual PHA Plan forms are available for each of these types of PHAs.

Definitions.

(1) High-Performer PHA – A PHA that owns or manages more than 550 combined public housing units and housing choice vouchers, and was designated as a high performer on both the most recent Public Housing Assessment System (PHAS) and Section Eight Management Assessment Program (SEMAP) assessments if administering both programs, or PHAS if only administering public housing. (2) Small PHA - A PHA that is not designated as PHAS or SEMAP troubled, that owns or manages less than 250 public housing units and any number of vouchers where the total combined units exceed 550.
(3) Housing Choice Voucher (HCV) Only PHA - A PHA that administers more than 550 HCVs, was not designated as troubled in its most recent SEMAP assessment and does not own or manage public housing.
(4) Standard PHA - A PHA that owns or manages 250 or more public housing units and any number of vouchers where the total combined units exceed 550, and that was designated as a standard performer in the most recent PHAS and SEMAP assessments. (5) Troubled PHA - A PHA that achieves an overall PHAS or SEMAP score of less than 60 percent. (6) Qualified PHA - A PHA with 550 or fewer public housing dwelling units and/or housing choice vouchers combined and is not PHAS or SEMAP troubled.

PHA Information.

A.1

PHA Name: __City of Fairfield Housing Authority_________________________________________ PHA Code: __CA065___________ PHA Plan for Fiscal Year Beginning: (MM/YYYY): ___7/1/2023___________ PHA Inventory (Based on Annual Contributions Contract (ACC) units at time of FY beginning, above) Number of Housing Choice Vouchers (HCVs) _____894____________ PHA Plan Submission Type: Annual Submission Revised Annual Submission

Availability of Information. In addition to the items listed in this form, PHAs must have the elements listed below readily available to the public.

A PHA must identify the specific location(s) where the proposed PHA Plan, PHA Plan Elements, and all information relevant to the public hearing and proposed PHA Plan are available for inspection by the public. Additionally, the PHA must provide information on how the public may reasonably obtain additional information of the PHA policies contained in the standard Annual Plan but excluded from their streamlined submissions. At a minimum, PHAs must post PHA Plans, including updates, at the main office or central office of the PHA. PHAs are strongly encouraged to post complete PHA Plans on their official website.

PHA Consortia: (Check box if submitting a joint Plan and complete table below) Participating PHAs PHA Code Program(s) in the Consortia Program(s) not in the Consortia No. of Units in Each Program
Lead HA:

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Plan Elements.

B.1
Revision of Existing PHA Plan Elements.

a) Have the following PHA Plan elements been revised by the PHA since its last Annual Plan submission?

Y N
Statement of Housing Needs and Strategy for Addressing Housing Needs.

Deconcentration and Other Policies that Govern Eligibility, Selection, and Admissions.

Financial Resources.

Rent Determination.

Operation and Management.

Informal Review and Hearing Procedures.

Homeownership Programs.

Self Sufficiency Programs and Treatment of Income Changes Resulting from Welfare Program Requirements.

Substantial Deviation.

Significant Amendment/Modification.

(b) If the PHA answered yes for any element, describe the revisions for each element(s):

B.2

New Activities. – Not Applicable

B.3

Progress Report.

This progress report is based on the City of Fairfield’s 5-Year plan. 1) Increase the inventory of affordable housing units
The Fairfield Housing Authority (FHA) has obligated 122 project-based voucher (PBV) units which is an increase from 103 PBV units. 2) Meet the Section Eight Management Assessment Program (SEMAP) criteria to maintain a higher performer rating New leadership has been established at FHA and is stable for almost one (1) year. Staff has been provided training and guidan ce on HUD regulations as well as FHA’s policies. Files are being audited to ensure that staff are completing income calculation accurately. 3) Provide an improved living environment
FHA worked in collaboration with Fair Housing Advocates of Northern California (FHANC) to provide Fair Housing Training to housing providers; notices were sent and posted online to notify housing providers of new Housing Quality Standards (HQS) requirements related to Carbon Monoxide alarms for rental units; fliers were sent and posted online informing housing providers to list their available units online at affordablehousing.com; staff worked with housing providers to share pertinent information of housing services and to recruit landlords to participate in FHA’s housing programs. 4) Encourage Self-Sufficiency
FHA has revised and received State approval of its Tenant Based Rental Assistance (TBRA) program Administrative Plan, which serves the homeless families within the City of Fairfield. FHA will work with Solano County and the Fairfield Homeless Service Department to receive referrals of homeless families that are enrolled in the Homeless Management Information System (HMIS) or Fairfield Apricot Systems. The purpose is to quickly lease-up referred families that are doc-ready and have been vetted by homeless service and case management rich programs.
5) Increase assisted housing choices and customer satisfaction.

FHA has been utilizing the Agency’s website and social media to share information and/or updates as they arise. Landlords are offered the ability to have their HAP payments directly deposited into their bank account or get paid via a hard check mailed to them. Staff continues to receive guidance on providing the best customer service to all people they interact with. 6) Ensure equal opportunity and affirmatively further fair housing FHA is working collaboratively with FHANC to provide Fair Housing training to housing providers, FHA/City Employees, and program participants/renters; FHA forms are translated to Spanish as well as translations/translators in other languages as requested . 7) Improve the delivery of housing through cost effective office management and operational efficiencies FHA continues to update policies based on HUD regulatory changes to ensure compliance with program requirements; staff receives updates and training when changes occur; the City of Fairfield provides training to staff, such as Emotional Intelligence, Fair Housing training, etc., to ensure that staff is equipped with the ability and knowledge to assist low income families on FHAs program s.

B.4

Capital Improvements. – Not Applicable

B.5

Most Recent Fiscal Year Audit.

(a) Were there any findings in the most recent FY Audit?

Y N N/A

(b) If yes, please describe:

C. Other Document and/or Certification Requirements.

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C.1
Resident Advisory Board (RAB) Comments.

(a) Did the RAB(s) have comments to the PHA Plan?

Y N

(b) If yes, comments must be submitted by the PHA as an attachment to the PHA Plan. PHAs must also include a narrative describing their analysis of the RAB recommendations and the decisions made on these recommendations.

C.2

Certification by State or Local Officials.

Form HUD 50077-SL, Certification by State or Local Officials of PHA Plans Consistency with the Consolidated Plan , must be submitted by the PHA as an electronic attachment to the PHA Plan.

C.3

Civil Rights Certification/ Certification Listing Policies and Programs that the PHA has Revised since Submission of its Last Annual Plan.

Form HUD-50077-ST-HCV-HP, PHA Certifications of Compliance with PHA Plan, Civil Rights, and Related Laws and Regulations Including PHA Plan Elements that Have Changed, must be submitted by the PHA as an electronic attachment to the PHA Plan.

C.4
Challenged Elements. If any element of the PHA Plan is challenged, a PHA must include such information as an attachment with a description of any challenges to Plan elements, the source of the challenge, and the PHA’s response to the public. (a) Did the public challenge any elements of the Plan?

Y N

If yes, include Challenged Elements.

Affirmatively Furthering Fair Housing (AFFH).

D.1

Affirmatively Furthering Fair Housing (AFFH).

Provide a statement of the PHA’s strategies and actions to achieve fair housing goals outlined in an accepted Assessment of Fair Housing (AFH) consistent with 24 CFR § 5.154(d)(5). Use the chart provided below. (PHAs should add as many goals as necessary to overcome fair housing issues and contributing factors.) Until such time as the PHA is required to submit an AFH, the PHA is not obligated to complete this chart. The PHA will fulfill, nevertheless, the requirements at 24 CFR § 903.7(o) enacted prior to August 17, 2015. See Instructions for further detail on completing this item.

Fair Housing Goal: 1) INCREASE CITY AND DEVELOPER AWARENESS OF AREAS OF

RESIDENTIAL SEGREGATION
Describe fair housing strategies and actions to achieve the goal

Action 1.1. Annual Review. Utilize tools such as HUD’s Low Income Census Tracts list, as well as CPD and AFFH maps on an annual basis to determine areas of residential segregation.

Action 1.2. Inform Planning & Housing. Provide information to Planning, Housing, and any other people likely to talk with developers, about residential segregation patterns to ensure they do not inadvertently support developments that concentrate and segregate protected classes. If the proposed development is in an area of minority concentration, carefully consider the impact and benefits of that project with the need to bring balance between affordable housing and increased residential segregation. Incorporate this awareness and language in the development of the upcoming Housing Element and reporting goals.

Fair Housing Goal: 2) DEVELOP STRATEGIES TO INCREASE AFFORDABLE HOUSING

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Describe fair housing strategies and actions to achieve the goal

Action 2.1. Sites. Review areas of minority and low-income concentration. Identify potential sites for affordable housing and market to the public and affordable housing stakeholders.

Staff should consider these sites and whether to modify zoning of single-family or medium density residential to high density residential. The goal would be to promote affordable housing without further contributing to residential segregation.

Action 2.2. Identify Incentives. Identify and analyze potential financial and non -financial incentives to help make tax credit applications competitive. Seek affordable housing financing sources for which the City can apply. Identify other local funds such as tax increments that might be utilized for affordable housing and Section 8 project -based vouchers. Solicit feedback from developers. Discuss incentives with City Manager and obtain City Council approval as appropriate.

Action 2.3 Marketing Plan. Create a plan that identifies available sites for development and any available City incentives (e.g., fee credits, loans, grants, etc.). Develop handouts regarding incentives available and under what circumstances. Market the City’s plan to specifically develop affordable housing with equal opportunity for all.

Action 2.4 Rent Survey. If/when rents are above the Fair Market Rate (FMR), consider conducting a survey of the rental market and request an increase in Section 8 Voucher standard as a result.

Action 2.5 Mortgage Bond Financing. Investigate the feasibility of offering multifamily mortgage bond financing (which is repaid by the project) to developers for projects of the appropriate size. Mortgage bond project financing is generally a little less expensive than private-sector financing, and the projects are prioritized for an allocation of 4% tax credits.

Action 2.6 Mortgage Credit Certificates. Work with lenders to determine whether a Mortgage Credit Certificate (MCC) or other types of homeownership loan program is feasible given the housing market and incomes that would be served. If feasible, develop and implement the program.

Fair Housing Goal: 3) REDUCE INSTITUTIONAL BARRIERS TO AFFORDABLE HOUSING

DEVELOPMENT
Describe fair housing strategies and actions to achieve the goal

Action 3.1. Effective Neighborhood Engagement. Document an effective process that affordable housing developers can use to address the concerns of neighborhood residents in Fairfield. Continue to stress respectful listening and flexibility in responding to neighborhood concerns, as well as cultural competency.

Action 3.2. Preapplication Meetings. Continue to conduct pre-application meetings with multi-family housing developers to review the development process, answer any questions, and discuss how they plan to work with neighbors in adjoining single-family neighborhoods.

Action 3.3. Review Development Fees. Annually review development fees with surrounding jurisdictions to keep costs competitive and inviting for affordable housing developers.

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Action 3.4. Outline of Development Process. Outline Fairfield’s development process in writing with a general timeline for each step. Provide developers with a list of all fees and contact persons for questions so that they can accurately estimate costs. Update fee schedule and other details annually.

Fair Housing Goal: 4) PREVENT EVICTIONS AND STABILIZE HOUSING Describe fair housing strategies and actions to achieve the goal

Action 4.1. Prevent Evictions. Ensure that the most vulnerable lowest-income Fairfield residents have access to services that help resolve landlords' issues and prevent evictions.

Action 4.2. Provide Rental Assistance. Provide emergency assistance and rapid rehousing for households earning 50% or less than area median income to help prevent homelessness from helping disparate address impacts that COVID-related job/income losses have had on extremely low-income renter households, which are predominantly women of color with children.

Fair Housing Goal: 5) FAIR HOUSING FUNDING, REPORTING, MONITORING, AUDITING AND

PUBLIC EDUCATION
Describe fair housing strategies and actions to achieve the goal

Action 5.1. Fund and Understand. Continue to fund and work with Fair Housing contractors to understand the prevalence and types of housing discrimination in the City of Fairfield. Ensure that Fair Housing contractors conducts at least one multifamily rental housing audit each year to learn the extent of discrimination in Fairfield multifamily housing. Publicize information from the audits. Discuss discrimination findings at California Apartment Association (CAA) meetings and ask for their help in addressing discrimination.

Action 5.2. Fair Housing & Disability Resource Development. Work with Fair Housing contractor to develop civil rights and fair housing materials and specifically highlight discrimination on the basis of disability. Work with Independent Living Resources of Solano/Contra Costa (ILR) and Lion’s Center for the Visually Impaired and other disability advocates to understand what information would be beneficial to their c lients. Integrate all information into a resource sheet and training.

Action 5.3. Training & Public Awareness. Work with the CAA, ILR, Lions and other disability groups, landlords and the public to publicize the materials and training opportunities. Conduct training courses for City Staff, property owners, multifamily projects, CAA. Create a public awareness campaign/plan to educate Fairfield residents of their fair housing choice and rights associated with fair housing and where to contact if they suspect they have experienced discrimination in housing.

Action 5.4. Landlord Outreach & Education. Develop a database of existing multi-family (duplex and larger) properties with names and addresses of owners, work phone numbers, and Packet Page 14 of 418Attachment 2 Page 5 of 8

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Instructions for Preparation of Form HUD-50075-HCV
Annual PHA Plan for HCV-Only PHAs
___________________________________________________________________________

A. PHA Information. All PHAs must complete this section. (24 CFR §903.4)

A.1 Include the full PHA Name, PHA Code, PHA Type, PHA Fiscal Year Beginning (MM/YYYY), Number of Housing Choice Vouchers (HCVs), PHA Plan Submission Type, and the Availability of Information, specific location(s) of all information relevant to the public hearing and proposed PHA Plan.

PHA Consortia: Check box if submitting a Joint PHA Plan and complete the table. (24 CFR §943.128(a))

B. Plan Elements. All PHAs must complete this section. (24 CFR §903.11(c)(3))

B.1 Revision of Existing PHA Plan Elements. PHAs must:

Identify specifically which plan elements listed below that have been revised by the PHA. To specify which elements have been revised, mark the “yes” box. If an element has not been revised, mark “no."

Statement of Housing Needs and Strategy for Addressing Housing Needs. Provide a statement addressing the housing needs of low-income, very low-income and extremely low-income families and a brief description of the PHA’s strategy for addressing the housing needs of families who reside in the jurisdiction served by the PHA and other families who are on the Section 8 tenant-based assistance waiting lists. The statement must identify the housing needs of (i) families with incomes below 30 percent of area median income (extremely low-income); (ii) elderly families (iii) households with individuals with disabilities, and households of various races and ethnic groups residing in the jurisdiction or on the public housing and Section 8 tenant- based assistance waiting lists. The statement of housing needs shall be based on information provided by the ap plicable Consolidated Plan, information provided by HUD, and generally available data. The identification of housing needs must address issues of affordability, sup ply, quality, accessibility, size of units, and location. Once the PHA has submitted an Assessment of Fair Housing (AFH), which includes an assessment of disproportionate housing needs in accordance with 24 CFR 5.154(d)(2)(iv), information on households with individuals with disabilities and households of various races and ethnic groups residing in the jurisdiction or on the waiting lists no longer needs to be included in the Statement of Housing Needs and Strategy for Addressing Housing Needs. (24 CFR § 903.7(a)).

The identification of housing needs must address issues of affordability, supply, quality, accessibility, size of units, and location. (24 CFR §903.7(a)(2)(i)) Provide a description of the ways in which the PHA intends, to the maximum extent practicable, to address those housing needs in the upcoming year and the PHA’s reasons for choosing its strategy. (24 CFR §903.7(a)(2)(ii))

Deconcentration and Other Policies that Govern Eligibility, Selection, and Admissions. A statement of the PHA’s policies that govern resident or tenant eligibility, selection and admission including admission preferences for HCV. (24 CFR §903.7(b))

email addresses. Create an outreach strategy that will help to foster ongoing relationships and opportunities to educate residents about fair housing laws, including accommodations for those with disabilities. Work with property owners and landlords to increase awareness and enforcement of fair housing laws and tenant rights.

Action 5.5. Stakeholder Resources. Provide resources to educate real estate stakeholders (e.g., tenants, homebuyers, real estate agents/brokers, property owners) about local, state, and federal fair housing laws and regulations, and provide a list of those resources on the City’s website (easily identifiable and accessible).

Action 5.6. Public Education on Affordable Housing. Work with affordable housing developers to create flyers/brochures about the benefits of affordable housing, dispelling some of the stereotypes and myths. Create and find opportunities to dispel myths and present facts, especially when marketing for new affordable housing.

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Financial Resources. A statement of financial resources, including a listing by general categories, of the PHA’s anticipated resources, such as PH A HCV funding and other anticipated Federal resources available to the PHA, as well as tenant rents and other income available to support tenant-based assistance. The statement also should include the non-Federal sources of funds supporting each Federal program, and state the planned use for the resources. (24 CFR §903.7(c))

Rent Determination. A statement of the policies of the PHA governing rental contributions of families receiving tenant-based assistance, discretionary minimum tenant rents, and payment standard policies. (24 CFR §903.7(d))

Operation and Management. A statement that includes a description of PHA management organization, and a listing of the programs administered by the PHA. (24 CFR §903.7(e)).

Informal Review and Hearing Procedures. A description of the informal hearing and review procedures that the PHA makes available to its applicants. (24 CFR §903.7(f))

Homeownership Programs. A statement describing any homeownership programs (including project number and unit count) administered by the agency under section 8y of the 1937 Act, or for which the PHA has applied or will apply for approval. (24 CFR §903.7(k))

Self Sufficiency Programs and Treatment of Income Changes Resulting from Welfare Program Requirements. A description of any PHA programs relating to services and amenities coordinated, promoted, or provided by the PHA for assisted families, including those resulting from the PHA’s partnership with other entities, for the enhancement of the economic and social self-sufficiency of assisted families, including programs provided or offered as a result of the PHA’s partnerships with other entities, and activities subject to Section 3 of the Housing and Community Development Act of 1968 (24 CFR Part 135) and under requirements for the Family Self-Sufficiency Program and others. Include the program’s size (including required and actual size of the FSS program) and means of allocating assistance to households. (24 CFR §903.7(l)(i)) Describe how the PHA will comply with the requirements of section 12(c) and (d) of the 1937 Act that relate to treatment of income changes resulting from welfare program requirements. (24 CFR §903.7(l)(iii)).

Substantial Deviation. PHA must provide its criteria for determining a “substantial deviation” to its 5-Year Plan. (24 CFR §903.7(r)(2)(i))

Significant Amendment/Modification. PHA must provide its criteria for determining a “Significant Amendment or Modification” to its 5 -Year and Annual Plan.

If any boxes are marked “yes”, describe the revision(s) to those element(s) in the space provided.

B.2 New Activities. This section refers to new capital activities which is not applicable for HCV-Only PHAs.

B.3 Progress Report. For all Annual Plans following submission of the first Annual Plan, a PHA must include a brief statement of the PHA’s progress in meeting the mission and goals described in the 5-Year PHA Plan. (24 CFR §903.11(c)(3), 24 CFR §903.7(r)(1))

B.4 Capital Improvements. This section refers to PHAs that receive funding from the Capital Fund Program (CFP) which is not applicable for HCV-Only PHAs

B.5 Most Recent Fiscal Year Audit. If the results of the most recent fiscal year audit for the PHA included any findings, mark “yes” and describe those findings in the space provided. (24 CFR §903.7(p))

C. Other Document and/or Certification Requirements.

C.1 Resident Advisory Board (RAB) comments. If the RAB had comments on the annual plan, mark “yes,” submit the comments as an attachment to the Plan and describe the analysis of the comments and the PHA’s decision made on these recommendations. (24 CFR §903.13(c), 24 CFR §903.19)

C.2 Certification by State of Local Officials. Form HUD-50077-SL, Certification by State or Local Officials of PHA Plans Consistency with the Consolidated Plan, must be submitted by the PHA as an electronic attachment to the PHA Plan. (24 CFR §903.15). Note: A PHA may request to change its fiscal year to better coordinate its planning with planning done under the Consolidated Plan process by State or local officials as applicable.

C.3 Civil Rights Certification/ Certification Listing Policies and Programs that the PHA has Revised since Submission of its Last Annual Plan. Provide a certification that the following plan elements have been revised, provided to the RAB for comment before implementation, approved by the PHA board, and made available for review and inspection by the public. This requirement is satisfied by completing and submitting form H UD-50077 ST-HCV-HP, PHA Certifications of Compliance with PHA Plan, Civil Rights, and Related Laws and Regulations Including PHA Plan Elements that Have Changed.

Form HUD-50077-ST-HCV-HP, PHA Certifications of Compliance with PHA Plan, Civil Rights, and Related Laws and Regulations Including PHA Plan Elements that Have Changed must be submitted by the PHA as an electronic attachment to the PHA Plan. This includes all certifications relating to Civil Rights and related regulations. A PHA will be considered in compliance with the certification requirement to affirmatively further fair housing if the PHA fulfills the requirements of §§ 903.7(o)(1) and 903.15(d) and: (i) examines its programs or proposed programs; (ii) ident ifies any fair housing issues and contributing factors within those programs, in accordance with 24 CFR 5.154; or 24 CFR 5.160(a)(3) as applicable (iii) specifies actions and strategies designed to address contributing factors, related fair housing issues, and goals in the applicable Assessment of Fair Housing consistent with 24 CFR 5.154 in a reasonable manner in view of the resources available; (iv) works with jurisdictions to implement any of the ju risdiction's initiatives to affirmatively further fair housing that require the PHA's involvement; (v) operates programs in a manner consistent with any applicable consolidated plan under 24 CFR part 91, and with any order or agreement, to comply with the authorities specified in paragraph (o)(1) of this s ection; (vi) complies with any contribution or consultation requirement with respect to any applicable AFH, in accordance with 24 CFR 5.150 through 5.180; (vii) maintains records reflecting these analyses, actions, and the results of these actions; and (viii) takes steps acceptable to HUD to remedy known fair housing or civil rights violations. impediments to fair housing choice within those programs; addresses those impediments in a reasonable fashion in view of the resources available; works with the local jurisdiction to implement any of the jurisdiction’s initiatives to affirmatively further fair housing; and assures that the annual plan is consistent with any applicable Consolidated Plan for its jurisdiction. (24 CFR §903.7(o)).

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C.4 Challenged Elements. If any element of the Annual PHA Plan or 5-Year PHA Plan is challenged, a PHA must include such information as an attachment to the Annual PHA Plan or 5-Year PHA Plan with a description of any challenges to Plan elements, the source of the challenge, and the PHA’s response to the public.

D. Affirmatively Furthering Fair Housing (AFFH).

D.1 Affirmatively Furthering Fair Housing. The PHA will use the answer blocks in item D.1 to provide a statement of its strategies and actions to implement each fair housing goal outlined in its accepted Assessment of Fair Housing (AFH) consistent with 24 CFR § 5.154(d)(5) that st ates, in relevant part: “To implement goals and priorities in an AFH, strategies and actions shall be included in program participants' … PHA Plans (including any plans incorporated therein) …. Strategies and actions must affirmatively further fair housing ….” Use the chart provided to specify each fair housing goal from the PHA’s AFH for which the PHA is the responsible program participant – whether the AFH was prepared solely by the PHA, jointly with one or more other PHAs, or in collaboration with a state or local jurisdiction – and specify the fair housing strategies and actions to be implemented by the PHA during the period covered by this PHA Plan. If there are more than three fair housing goals, add answer blocks as necessary.

Until such time as the PHA is required to submit an AFH, the PHA will not have to complete section D., nevertheless, the PHA will address its obligation to affirmatively further fair housing in part by fulfilling the requirements at 24 CFR 903.7(o)(3) enacted prior to August 17, 2015, which means that it examines its own programs or proposed programs; identifies any impediments to fair housing choice within those programs; addresses those i mpediments in a reasonable fashion in view of the resources available; works with local jurisdictions to implement any of the jurisdiction’s initiatives to affirmatively further fair housing that require the PHA’s involvement; and maintain records reflecting these analyses and actions. Furthermore, under Section 5A(d)(15) of the U.S. Housing Act of 1937, as amended, a PHA must submit a civil rights certification with its Annual PHA Plan, which is described at 24 CFR 903.7(o)(1) except for qualified PHAs who submit the Form HUD-50077-CR as a standalone document.

This information collection is authorized by Section 511 of the Quality Housing and Work Responsibility Act, which added a ne w section 5A to the U.S. Housing Act of 1937, as amended, which introduced the Annual PHA Plan. The Annual PHA Plan provides a ready source for interested parties to locate basic PHA policies, rules, and requirements concerning the PHA’s operations, programs, and services, and informs HUD, families served by the PHA, and members of the public for serving the needs of low- income, very low- income, and extremely low- income families.

Public reporting burden for this information collection is estimated to average 6.02 hour per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. HUD may not collect this information, and respondents are not required to complete this form, unless it displays a currently valid OMB Control Number.

Privacy Act Notice. The United States Department of Housing and Urban Development is authorized to solicit the information requested in this form by virtue of Title 12, U.S. Code, Section 1701 et seq., and regulations promulgated thereunder at Title 12, Code of Feder al Regulations. Responses to the collection of information are required to obtain a benefit or to retain a benefit. The information requested does not lend itself to confidentiality Packet Page 17 of 418Attachment 2 Page 8 of 8

Agenda Item No: 6.

AGENDA REPORT
DATE:May 16, 2023
TO:Mayor and City Council
FROM:David Gassaway, City Manager
SUBJECT:Approval of Meeting Minutes from April 2023
RECOMMENDED ACTION
Approve the meeting minutes.

STATEMENT OF ISSUE
Minutes need approval by the City Council.

DISCUSSION
The City Council Closed Session Minutes, City Council Study Session Minutes, and City Council Minutes for April 2023 have been approved by the city attorney and need council approval.

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

STAFF CONTACT
Esther Beavers, Deputy City Clerk
(707) 4287402
[email protected]
COORDINATED WITH
City Attorney's Office
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Agenda Item No: 6.AGENDA REPORTDATE:May 16, 2023 TO:Mayor and City CouncilFROM:David Gassaway, City ManagerSUBJECT:Approval of Meeting Minutes from April 2023RECOMMENDED ACTIONApprove the meeting minutes.STATEMENT OF ISSUEMinutes need approval by the City Council.DISCUSSIONThe City Council Closed Session Minutes, City Council Study Session Minutes, and City CouncilMinutes for April 2023 have been approved by the city attorney and need council approval.FINANCIAL IMPACTN/APUBLIC CONTACT/ADVISORY BODY RECOMMENDATIONN/AALTERNATIVE ACTIONThe council may choose to modify the minutes which will result in bringing this item back at a futuredate.STAFF CONTACTEsther Beavers, Deputy City Clerk(707) 428[email protected] COORDINATED WITH
City Attorney's Office
ATTACHMENTS:

Description
City Council Minutes 04042023
Study Session Minutes 04112023
Closed Session Minutes 04182023
City Council Minutes 04182023
REVIEWERS:

Reviewer Action Date
Beavers, Esther Approved 5/3/2023 2:09 PM
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CITY OF FAIRFIELD

FAIRFIELD CITY COUNCIL

REGULAR MEETING
TUESDAY, APRIL 4, 2023; 6:00 PM
COUNCIL CHAMBER, 1000 WEBSTER STREET, FAIRFIELD,
CA 94533 OR VIA ZOOM

MINUTES

CALL TO ORDER

Vice Mayor Pam Bertani called the meeting to order at 6:00 p.m.

ROLL CALL

On roll call were Councilmembers Doug Carr, Doriss Panduro, Scott Tonnesen, Rick Vaccaro, K. Patrice Williams, and Vice Mayor Bertani. Mayor Catherine “Cat” Moy was absent.

INVOCATION

Worship Pastor John Reed of Fairfield Church of Christ gave an invocation.

PLEDGE OF ALLEGIANCE

Councilmember Panduro led the Pledge of Allegiance.

COUNCIL REPORTS

Councilmember Carr reported that he had attended several events. He stated he looks forward to the City Council Listening Tour at Mankas Neighborhood Center on April 22 for District 3 (his district). He attended the Fairfield-Suisun Sewer District Board meeting on March 27 and stated it was informative.

The highlight of his month was Operation Homecoming’s 50th Anniversary of Prisoners of War from Vietnam event held at Travis Air Force Base on March 30-31. Lastly, he enjoyed touring the City’s fire stations and seeing how well-trained our firefighters are.

Councilmember Panduro reported that attending the Filipino-American Hawaiian Night at the Adult Recreation Center was a pleasure. The Filipino-American Communities of Fairfield, Suisun, and Vacaville hosted it. She also attended a presentation by California Treasurer Fiona Ma that she gave to 11th and 12th-grade students at Vanden High School. Ms. Ma spoke to them about leadership, civic engagement, and financial literacy. Lastly, she welcomed a new business, La Michoacana Plus, located in her District

5. Councilmember Vaccaro reported he attended the Trans Day of Visibility rally hosted by the Solano Pride Center on March 31. The annual event celebrates transgender people and helps raise awareness of discrimination faced by transgender people worldwide. He reported that two planning sessions are scheduled for CAP Solano JPA Regional 2 x 2 Homeless Committee on April 22 (9 am-2 pm) and April 27 (3-8 pm). Lastly, he shared that he and his colleagues would attend the League of California Cities City Leaders Summit in Sacramento on April 12-14, 2023.

Councilmember Tonnesen reported that two or three new restaurants are opening soon in downtown Fairfield. He shared that the downtown façade program is ongoing, with City matching funds up to $7,500.

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Councilmember Williams reported she recently toured Fairfield and Suisun Transit (FAST) with Transportation Manager Diane Feinstein and Traffic Engineer Garland Wong. She learned about the division’s plans to alleviate traffic congestion in District 1. She reported that she spoke at a Tuskegee Airmen event on behalf of Mayor Moy and that it was the highlight of her month!

Vice Mayor Bertani reported that the first City Council Listening Tour held in District 5 was a success.

She thanked the Police and Fire chiefs for attending and answering questions. She invited the community to attend the National Day of Prayer event on May 4 , held in the Council Chamber from noon-1 pm. She shared that the Clergy Action Network (CAN) would celebrate its second anniversary on May 23 at a luncheon held at Paradise Valley to mark the occasion. Lastly, she reminded everyone that the Juneteenth celebration would be held on the county lawn on Saturday, June 17.

CITY MANAGER REPORT

City Manager David Gassaway invited the community to attend the Blues, Brews, and BBQ event on April 22 in downtown Fairfield at Texas and Jefferson Streets. He indicated that more people were needed to participate in the BBQ Cook-Off competition. He stated there were no changes to the agenda.

CITY ATTORNEY REPORT

City Attorney David Lim stated he had nothing to report.

CITY CLERK REPORT

City Clerk Karen Rees shared that she was looking forward to the presentations , especially the recognition of Stephanie Beardsley, a fellow Soroptimist, for her work with PALS Girls Circle. She also thanked several Adopt A Street groups for their regular cleanups and helping Keep Fairfield Beautiful:

Linda Elkins, Randy Kunes, Steven Edmundson/Gold Ridge Neighbors, Ruth Clawson & Ana Petero & crew; Kam Holzendorf and Krew, 60th LRS Fuels Management TAFB, Michael & Peggy Richerson.

PRESENTATIONS

1. Poem Reading "Why Read Poetry?" by Poet Laureate Suzanne Bruce celebrating National Poetry Month.

2. Proclamation declaring National Poetry Month presented by Councilmember Williams to Poet Laureate Suzanne Bruce.

3. Proclamation declaring Education & Sharing Day Presented by Councilmember Rick Vaccaro.

4. Proclamation declaring Fair Housing Month presented by Councilmember Scott Tonnesen to Adriana Ames, Director of Education for the Fair Housing Advocates of N. California (via Zoom)

5. Recognizing Stephanie Beardsley Presented by Police Chief Dan Marshall

PUBLIC COMMENTS

Pat Sivigliano spoke about the Landscaping & Lighting Maintenance Districts.

County Supervisor Monica Brown and Caroline Villarreal spoke about the End 68 Hours of Hunger program and food insecurity.

Aimee Tran spoke about the Wiseman Company’s Aurora Apartments project.

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CONSENT CALENDAR

6. Resolution 2023-55 of the City Council of the City of Fairfield Authorizing Execution of the Improvement Agreement for the Canon Station Planning Area 5 – Phase 1 Backbone Roads

7. Resolution 2023-56 of the City Council of the City of Fairfield Authorizing the City Manager to Execute a Professional Service Agreement with Carollo Engineers, Inc. to Provide Engineering and Design Services for the Midtown Five-Year Sewer Replacement Plan

8. Resolution 2023-57 of the City Council of the City of Fairfield Authorizing the City Manager to Execute a Landscape Maintenance Agreement Between the City of Fairfield and the State of California (Caltrans) for Improvements on State Route 12 at Webster Street, Jackson Street, and Pennsylvania Avenue (Clean California)

9. Resolution 2023-58 of the City Council of the City of Fairfield Authorizing the City Manager to Submit a Priority Development Area Grant Application in the Amount of $200,000 in Response to the Metropolitan Transportation Commission’s Priority Development Area Grant Call for Projects and Authorizing the City Manager to Commit up to $200,000 in Matching Funds in the Form of Staff Time

Councilmember Vaccaro made a motion to approve the Consent Calendar as presented.

Councilmember Tonnesen seconded the motion. The motion carried unanimously, 6-0.

NEW BUSINESS

10. City Manager Gassaway recommended to Council that it approve Resolution 2023-59 of the City Council of the City of Fairfield Ratifying the City Manager's Proclamation of Existence of a Local Emergency.

Solano County Supervisor Monica Brown spoke on Item 10.

Councilmember Panduro made a motion to approve Resolution 2023-59. Councilmember Vaccaro seconded the motion. The motion carried unanimously, 6-0.

PUBLIC HEARINGS

11. Interim Community Development Director Dave Feinstein recommended to Council that it open the Public Hearing; and approve the First Reading and Introduction of Ordinance 2023-08 of the City Council of the City of Fairfield Amending Section 25(E) of Chapter 10E of the Municipal Code, also Known as Commercial Cannabis Businesses, to Allow Curbside Delivery at Licensed Storefront Cannabis Retailers

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

Councilmember Tonnesen made a motion to waive the full reading, read by title only, and introduce Ordinance 2023-08. Councilmember Vaccaro seconded the motion. The motion carried unanimously, 6-0.

ADJOURNED MEETING AT 7:04 P.M. TO TUESDAY, APRIL 18, 2023, 6:00 P.M., COUNCIL CHAMBER.

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_________________________________
City Clerk

_____________________________
Mayor

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CITY OF FAIRFIELD

SPECIAL MEETING

STUDY SESSION
TUESDAY, APRIL 11, 2023; 6:00 PM
POLICE TRAINING FACILITY, 1717 REX CLIFT DRIVE
FAIRFIELD, CA 94533

MINUTES

CALL TO ORDER

Mayor Catherine “Cat” Moy opened the meeting at 6:00 p.m.

ROLL CALL

On roll call were Councilmembers Doug Carr, Doriss Panduro, Scott Tonnesen, Rick Vaccaro, K. Patrice Williams, and Mayor Moy. Vice Mayor Pam Bertani was absent.

PUBLIC COMMENTS

Cornelius Wood spoke about the Solano Rail Hub Project at Suisun-Fairfield Train Station and stated for those interested, they could read about it in the Winter 2023 issue of The Voice of Business, on pages 8-9.

PRESENTATIONS

1. City Manager David Gassaway led a debrief discussion regarding the first City Council Listening Tour that was held on March 25, 2023, in District 5 at Bethel Community Church. Councilmembers spoke about what worked and what they would like to improve on for the remaining listening tours.

2. Parks & Recreation Director Kristina Kaunzinger introduced Principal-In-Charge John Gibbs of WRT Prime Consultants and Project Manager/Senior Planner Peter Winch, who gave an overview of the Parks & Recreation Open Space Master Plan, which is in its beginning stages. They reported that community engagement would begin in May with pop-ups at community events, online activity, and statistically valid surveys. They will present again at the City Council work session in July 2023. They plan to have a Draft Master Plan in spring of 2024.

John Takeuchi and Marilyn Farley spoke on Item 2.

3. Associate Planner Jessie Hernandez gave an overview of the General Plan Update process.

Joe Green-Heffern, Duane Kromm, and Cornelius Wood spoke on Item 3.

Interim Director of Community Development Dave Feinstein reported that California’s Department of Housing and Community Development notified him that the City of Fairfield’s Housing Element met all state requirements to become certified for the next eight -year period. This certification ensures that the City will have maximum flexibility to implement our Housing Element, be eligible for state housing funds, and remain on track to receive certification as a Pro-Housing city.

Receiving Housing Element certification from the state is a high bar to cross. Fairfield is the first community in Solano County to receive certification and, as of April 10, 2023, only one of 14 in the Bay Area with this status.

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4. Public Works Assistant City Engineer Jason Riley, Associate Civil Engineer Caroline Vedder, and Senior Civil Engineer David Vong gave updates on Capital Improvement Projects.

THE MEETING WAS ADJOURNED AT 8:10 P.M.

__________________________________
City Clerk

____________________________
Mayor

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CITY OF FAIRFIELD

FAIRFIELD CITY COUNCIL
& HOUSING AUTHORITY

SPECIAL MEETING

CLOSED SESSION
TUESDAY, APRIL 18, 2023; 5:00 PM
CITY HALL, CITY MANAGER'S OFFICE, 1000 WEBSTER STREET, 4TH FLOOR, FAIRFIELD, CA 94533 OR

VIA ZOOM

MINUTES

CALL TO ORDER

Vice Mayor Pam Moy called the meeting to order at 5:30 p.m. City Attorney David Lim called roll.

Present in person were Councilmembers Doug Carr, Doriss Panduro, Scott Tonnesen, Rick Vaccaro, K.

Patrice Williams, and Mayor Cat Moy. Also present were City Manager David Gassaway, City Attorney David Lim, Police Chief Dan Marshll, Erika Milton, and attorneys Patrick Moriary and John Robinson. Vice Mayor Pam Bertani was absent.

No one was present via Zoom.

No one asked to speak at public comment.

The City Council went into closed session on Items #1 (Nelson v. City of Fairfield) and #2 (Roe v. City of Fairfield) with attorneys Patrick Moriary and John Robinson, Erika Milton, Police Chief Dan Marshall, City Attorney David Lim, and City Manager David Gassaway. Mr. Moriary, Mr. Robinson, Ms. Milton, and Chief Marshall left the closed session at the end of Items #1 and #2.

The City went into closed session on Item #3 (Workers Compensation Claim by Kennan S eivers) with Angela Broaddus, City Attorney David Lim, and City Manager David Gassaway. Ms. Broaddus left at the end of of Item #3.

The City went into closed session on Items #4 and #5 with City Attorney David Lim and City Manager David Gassaway.

The City came out of closed session and went back into open session.

City Attorney David Lim announced that as to Item #3, the City of Fairfield approved a settlement agreement in workers compensation claim by Kenna Sievers (Nox. FFL2100148 and FFL220014 2) with a Compromise and Release in the amount of $75,000.

Mayor Moy adjourned the special meeting of the City council at 5:49 PM.

Chair Moy called to order the of the Housing Authority at 5:49 PM. City Attorney David Lim called roll. Present in person were Commissioners Doug Carr, Doriss Panduro, Scott Tonnesen, Rick Vaccaro, K. Patrice Williams, and ChairCat Moy. Also present were City Manager David Gassaway and City Attorney David Lim. Vice-Chair Pam Bertani was absent.

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No one was present via Zoom.

No one asked to speak at public comment.

The Housing Authority went into closed session on Items #6.

The Housing Authority came out of closed session and went back into open session.

Chair Moy ajourned the special meeting of the Housing Authority at 5:50 PM.

______________________________
City Attorney
________________________________
Mayor Cat Moy
Chair Cat Moy
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CITY OF FAIRFIELD

FAIRFIELD CITY COUNCIL

REGULAR MEETING
TUESDAY, APRIL 18, 2023; 6:00 PM
COUNCIL CHAMBER, 1000 WEBSTER STREET, FAIRFIELD,
CA 94533 OR VIA ZOOM

MINUTES

CALL TO ORDER

Mayor Catherine “Cat” Moy called the meeting to order at 6:02 p.m.

ROLL CALL

On roll call were Councilmembers Doug Carr, Doriss Panduro, Scott Tonnesen, Rick Vaccaro, K. Patrice Williams, and Mayor Moy. Vice Mayor Pam Bertani was absent.

INVOCATION

Worship Pastor Alex English of the Fairfield Church of Christ gave an invocation.

PLEDGE OF ALLEGIANCE

Councilmember Carr led the Pledge of Allegiance.

COUNCIL REPORTS

Councilmember Carr reminded the community of the City Council Heart to Heart Listening Tour happening on April 22, 11 a.m. to 1 p.m., at the Mankas Neighborhood Center at 2800 Owens Drive, in District 3, which is his district. He hopes to see a big crowd!

Councilmember Panduro reported she and colleagues attended a meeting for the local American Petroleum and Convenience Store Association (APCA – which was formed to unite independent gasoline and convenience store owners). She said the main topics involved petty theft and legislation regarding a ban on flavored tobacco. Next, she reported she attended a Fire Safety Expo at Solano Community College. hosted by the Green Valley Fire Safe Council. She thanked Fairfield Fire for participating and engaging with the community. Lastly, she reported that Sustainable Solano is hosting a community cleanup of the Linear Park Trail on April 29 at Dover entrance.

Councilmember Vaccaro reported that the Council General Plan Study Session meeting on April 11 was a success. He said Council would provide feedback in June on the General Plan. Next, he stated he and colleagues attended the League of California Cities Leadership Summit last week and that he was pleased that California State Association of Counties (CSAC) participated for the first time. The main topic was homelessness in California.

Councilmember Tonnesen invited the community to attend the Blues, Brews, and BBQ event in the Downtown area on April 22. He also reported that the Police Department will host a Prescription Drug Takeback event from 10 a.m. to 2 p.m. the same day. Lastly, he reported that the Downtown area will celebrate National Night Out for the first time this year on August 1 and that more information would be forthcoming.

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Councilmember Williams reported she attended several of the same events as her fellow councilmembers. She enjoyed the Council General Plan Study Session and reported she plans to delve deeper into researching what the plan is today and what the community wants it to look like for the future. Next, she reported she appreciated the tour of Fire Station 37 by Fire Chief Matt Luckenbach and enjoyed learning about the equipment and the budget.

Councilmember Moy reported that she and her colleagues spoke to California State Senator Bill Dodd at the Leadership Summit in Sacramento, and that he promised to work with the City Council on homelessness issues. She stated that Council hopes to start a pilot program in Fairfield on homelessness and that they will need assistance from Senator Dodd on legislation to make it happen. Next, she reported that the pallet shelters for homeless will open in late Ap ril and will initially house 16 people.

CITY MANAGER REPORT

City Manager David Gassaway reported that the Manuel Campos Parkway project is back on track. He stated that from Mystic Drive to Clay Bank Road, traffic has been diverted to the westbound new lanes .

There are still some curb repairs, landscaping, and streetlight projects before the project is complete, which means only one lane will be open eastbound until completion. Lastly, he stated there were no changes to the agenda.

CITY ATTORNEY REPORT

City Attorney David Lim had nothing to report.

CITY CLERK REPORT

City Clerk Karen Rees reported that there were several seats open on Youth Commission, two seats for Planning Commission, and one seat open on the Solano County Commission for Women and Girls. She thanked the City of Fairfield volunteers in honor of National Volunteer Appreciation Week.

PRESENTATIONS

1. City Clerk Rees presented a proclamation declaring National Volunteer Appreciation Week to Food Bank of Contra Costa and Solano Counties, Kathy Abraham, the volunteer and office coordinator for the Food Bank’s Fairfield warehouse.

PUBLIC COMMENTS

Jeff Trager spoke about upcoming events at the Downtown Theatre.

Sukhdip Purewall spoke about the Aurora Green Valley Apartments.

John Takeuchi spoke about the City Council study session he attended on April 11.

CONSENT CALENDAR

2. Approval of Meeting Minutes from March 2023

3. Resolution 2023-59 of the City Council of the City of Fairfield Providing Annual Renewal of Chapter 31 of the Fairfield Municipal Code, Confirming Review of the Fairfield Police Department Annual Military Equipment Report, and Authorizing the City Manager to Execute and Approve the Purchase of Military Equipment in Accordance with City Ordinance 2022-06

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4. Resolution 2023-60 of the City Council of the City of Fairfield Approving the Plans and Specifications and Awarding a Contract to Unlimited Environmental, Inc., for the Building Demolition and Removal at 1100, 1116, 1118, and 1120 Texas Street Project and Authorizing an Update to the Fiscal Year 2022-2023 Budget

5. Resolution 2023-61 of the City Council of the City of Fairfield Authorizing and Approving an Agreement by and Between the City of Fairfield and the Fairfield Conference & Visitors Bureau for the Operation and Administration of the Fairfield Tourism Improvement District for the Period of May 1, 2023, through April 30, 2028

6. Second Reading of Ordinance 2023-08 of the City Council of the City of Fairfield Amending Section 25(E) of Chapter 10E of the Municipal Code, also known as Commercial Cannabis Businesses, to Allow Curbside Delivery at Licensed Storefront Cannabis Retailers

Councilmember Vaccaro made a motion to approve the Consent Calendar as presented.

Councilmember Carr seconded the motion. The motion carried unanimously (6-0).

NEW BUSINESS

7. Senior Management Analyst Chris Lewis recommended to Council that it approve Resolutions 2023-62 Through 2023-70 of the City Council of the City of Fairfield Initiating Proceedings for the Formation of the City of Fairfield Landscaping and Lighting Maintenance District Nos. 2023-1 (Gateway), 2023-3 (Waterman Highlands), 2023-5 (Rancho Solano), 2023-6 (Peppertree), 2023-7 (Rolling Hills), 2023-8 (Kolob Estates), 2023-11 (Paradise Valley), 2023-12 (Downtown Business District), and 2023-13 (North Cordelia) and the Levy and Collection of Assessments Within the Districts for Fiscal Year 2023-2024 Pursuant to the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the California Streets and Highways Code, and Article XIII D of the California Constitution, Describing the Improvements to Serve the District, and Ordering the Preparation of an Engineer’s Report; and

Resolutions 2023-71 Through 2023-79 of the City Council of the City of Fairfield Providing Preliminary Approval of the Engineer’s Reports for the Proposed Formation of the City of Fairfield Landscaping and Lighting Maintenance District Nos. 2023-1 (Gateway), 2023-3 (Waterman Highlands), 2023-5 (Rancho Solano), 2023-6 (Peppertree), 2023-7 (Rolling Hills), 2023-8 (Kolob Estates), 2023-11 (Paradise Valley), 2023-12 (Downtown Business District), and 2023-13 (North Cordelia) and the Levy and Collection of Assessments Within the Districts for Fiscal Year 2023-2024 Pursuant to the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the California Streets and Highways Code, and Article XIII D of the California Constitution; and

Resolutions 2023-80 Through 2023-88 of the City Council of the City of Fairfield Declaring Its Intention to Order the Formation of Assessment Districts, the City of Fairfield Landscaping and Lighting Maintenance District Nos. 2023-1 (Gateway), 2023-3 (Waterman Highlands), 2023-5 (Rancho Solano), 2023-6 (Peppertree), 2023-7 (Rolling Hills), 2023-8 (Kolob Estates), 2023-11 (Paradise Valley), 2023-12 (Downtown Business District), and 2023-13 (North Cordelia), to Levy and Collect Assessments Within Such Districts for Fiscal Year 2023-2024, and Appointing a Time and Place for Public Hearings.

Carol Hummel, Bernadette Curry, and Gina Schneider spoke on LLMD District 2023-3, Waterman Highlands. John Diamond called in to the meeting and spoke on the same matter.

Councilmember Tonnesen made a motion to approve Resolutions 2023-62 through 2023-70.

Councilmember Panduro seconded the motion. The motion carried unanimously, (6-0).

Councilmember Tonnesen made a motion to approve Resolutions 2023-71 through 2023-79.

Councilmember Carr seconded the motion. The motion carried unanimously, (6-0).

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Councilmember Tonnesen made a motion to approve Resolutions 2023-80 Th rough 2023-88.

Councilmember Carr seconded the motion. The motion carried unanimously, (6-0).

PUBLIC HEARINGS

8. Senior Management Analyst Chris Lewis recommended to Council that it open the public hearing and approve Resolution 2023-89 of the City Council of the City of Fairfield Annexing Territory (Dutch Bros Coffee) to Community Facilities District No. 2012-2 (Public Safety Services, Open Space Operation, and Park Maintenance) as Annexation No. 62, Authorizing the Levy of a Special Tax Within the Annexed Territory, and Submitting the Levy of a Special Tax to the Qualified Electors Thereof; and Resolution 2023-90 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. 62 (Dutch Bros Coffee).

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

Councilmember Vaccaro made a motion to approve Resolution 2023-89. Councilmember Panduro seconded the motion. The motion carried unanimously, (6-0).

City Clerk Rees opened the ballot and read that there were three (3) yes votes, in favor of annexation.

Councilmember Vaccaro made a motion to approve Resolution 2023-90. Councilmember Carr seconded the motion. The motion carried unanimously, (6-0).

9. Senior Management Analyst Chris Lewis recommended to Council that it open the p ublic hearing; and approve Resolution 2023-91 of the City Council of the City of Fairfield Annexing Territory (StorQuest Express - Fairfield) to Community Facilities District No. 2012-2 (Public Safety Services, Open Space Operation, and Park Maintenance) as Annexation No. 63, Authorizing the Levy of a Sp ecial Tax Within the Annexed Territory, and Submitting the Levy of a Special Tax to the Qualified Electors Thereof; and

Resolution 2023-92 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 Commun ity Facilities District No. 2012-2 (Public Safety Services, Open Space Operation, and Park Maintenance) Annexation No. 63 (StorQuest Express - Fairfield)

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

Councilmember Vaccaro made a motion to approve Resolution 2023-91. Councilmember Panduro seconded the motion. The motion carried unanimously, (6-0).

City Clerk Rees opened the ballot and read that it was one (1) yes vote, in favor of annexation.

Councilmember Vaccaro made a motion to approve Resolution 2023-92. Councilmember Panduro seconded the motion. The motion carried unanimously (6-0).

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THE MEETING WAS ADJOURNED AT 7:52 P.M. TO TUESDAY, MAY 2, 2023, 6:00 P.M., COUNCIL CHAMBER.

__________________________________
City Clerk

_____________________________
Mayor

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Agenda Item No: 7.

AGENDA REPORT
DATE:May 16, 2023
TO:Mayor and City Council
FROM:David Gassaway, City Manager
SUBJECT:Resolution 2023115 of the City Council of the City of Fairfield Approving a Master Agreement with N. Harris Computer Corporation (DBA “Harris”) and Authorizing an Update to the Fiscal Year 20222023 Budget
RECOMMENDED ACTION
Adopt resolution.

STATEMENT OF ISSUE
The Information Technology (IT) department seeks approval to engage with N. Harris Computer Corporation (Harris) to upgrade the NorthStar utilities billing software.

DISCUSSION
The City of Fairfield has used NorthStar utility billing software since 2012. The Information Technology (IT) department recently completed a Digital Strategic Plan (DSP) and Roadmap, which identified the 5year roadmap of projects, technology, policies and procedures, including staff training to define a clear set of goals for accomplishing the City’s objectives, serve as an enterprise framework for service delivery to integrate existing and new systems to provide business process improvement and provide actionable recommendations. The DSP project identified approximately 38 strategic initiatives spanning management, operational, and technology areas of opportunity. The NorthStar Utility System Upgrade was one of the DSP Roadmap’s key recommendations. The current SQL Server is no longer supported and has reached the end of its life, which will result in system failures and negative impacts to staffing and customer service.

IT is proposing to engage with Harris in a 5year master agreement for the software license, subscription, services, support, and maintenance to support City staff in completing four projects. To support customers more efficiently and with more options, Fairfield will implement a new selfservice customer engagement and web portal, a onestop shop to connect consumers with all the information in a centralized location.

The four projects associated with this master services agreement are:

1. MCare Legacy Browser Update With the upcoming end of life of the Internet Explorer Desktop application City of Fairfield (“Fairfield”) will need to update to the latest Browser.

2. Core Customer Information System (CIS) Server Migration NorthStar will assist in migrating Packet Page 33 of 418

2. Core Customer Information System (CIS) Server Migration NorthStar will assist in migrating the NorthStar CIS from the current environment to a new server and to the latest release level.

3. SilverBlaze Implementation To support customers more efficiently and with more options, Fairfield will implement a new selfservice customer engagement and web portal, a onestop shop to connect consumers with all the information in a centralized location. SilverBlaze will allow customers to securely log in and view, monitor, and manage their account information, interval data and historical billing and payments.

4. MCare 6 Implementation (Version Upgrade) and Training Fairfield will upgrade their workforce management system to a realtime mobile solution that optimizes infield service order processes and provides visibility to fieldwork status updates.

N. Harris Computer Corporation is a computer systems business with over 45 years of experience providing utilities with costeffective solutions for realworld challenges. NorthStar Utility Solutions services over 200 utilities customers.

The project aligns with the Council’s Goal of Organizational Excellence and Strategy for Developing Effective and Efficient Systems and Processes.

FINANCIAL IMPACT
The total amount requested is $877,725 to enter into the fiveyear master agreement with Harris. The first year’s implementation and upgrade costs are $444,910, and the projected maintenance costs for years 2 through 5 is a total of $432,815.

The costs will be funded as follows:

Org: 46260699 Object: 9410 Project: 10458 $359,669
Org: 46160600 Object: 8418 $535,055
Funds were not budgeted and require a budget adjustment for the Fiscal Year 2023 impact.

Org: 46260699 Object: 9410 Project: 10458 $274,348
PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
N/A
ALTERNATIVE ACTION
The City Council may choose not to adopt the resolution. However, continued use of the outdated system leaves the City vulnerable to modern cybersecurity threats as some components of the legacy system are no longer supported with current fixes and software patches to defend against those threats.

Also, the current version has fallen behind the City’s business needs, hindering business processes and delaying customer responses to issues with their utility bills.

STAFF CONTACT
Jeff Bertany, IT Manager
(707) 4287531
[email protected]
COORDINATED WITH
City Attorney's Office, Finance Department, Public Works Department ATTACHMENTS:

Description
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Agenda Item No: 7.AGENDA REPORTDATE:May 16, 2023 TO:Mayor and City CouncilFROM:David Gassaway, City ManagerSUBJECT:Resolution 2023115 of the City Council of the City of Fairfield Approving a MasterAgreement with N. Harris Computer Corporation (DBA “Harris”) and Authorizing anUpdate to the Fiscal Year 20222023 BudgetRECOMMENDED ACTIONAdopt resolution.STATEMENT OF ISSUEThe Information Technology (IT) department seeks approval to engage with N. Harris ComputerCorporation (Harris) to upgrade the NorthStar utilities billing software.DISCUSSIONThe City of Fairfield has used NorthStar utility billing software since 2012. The Information Technology(IT) department recently completed a Digital Strategic Plan (DSP) and Roadmap, which identified the5year roadmap of projects, technology, policies and procedures, including staff training to define aclear set of goals for accomplishing the City’s objectives, serve as an enterprise framework for servicedelivery to integrate existing and new systems to provide business process improvement and provideactionable recommendations. The DSP project identified approximately 38 strategic initiativesspanning management, operational, and technology areas of opportunity. The NorthStar Utility SystemUpgrade was one of the DSP Roadmap’s key recommendations. The current SQL Server is no longersupported and has reached the end of its life, which will result in system failures and negative impactsto staffing and customer service. IT is proposing to engage with Harris in a 5year master agreement for the software license,subscription, services, support, and maintenance to support City staff in completing four projects. Tosupport customers more efficiently and with more options, Fairfield will implement a new selfservicecustomer engagement and web portal, a onestop shop to connect consumers with all the information ina centralized location.The four projects associated with this master services agreement are: 1. MCare Legacy Browser Update With the upcoming end of life of the Internet Explorer Desktopapplication City of Fairfield (“Fairfield”) will need to update to the latest Browser. 2. Core Customer Information System (CIS) Server Migration NorthStar will assist in migratingthe NorthStar CIS from the current environment to a new server and to the latest release level. 3. SilverBlaze Implementation To support customers more efficiently and with more options,Fairfield will implement a new selfservice customer engagement and web portal, a onestop shop toconnect consumers with all the information in a centralized location. SilverBlaze will allow customers tosecurely log in and view, monitor, and manage their account information, interval data and historicalbilling and payments.4. MCare 6 Implementation (Version Upgrade) and Training Fairfield will upgrade their workforcemanagement system to a realtime mobile solution that optimizes infield service order processes andprovides visibility to fieldwork status updates.N. Harris Computer Corporation is a computer systems business with over 45 years of experienceproviding utilities with costeffective solutions for realworld challenges. NorthStar Utility Solutionsservices over 200 utilities customers. The project aligns with the Council’s Goal of Organizational Excellence and Strategy for DevelopingEffective and Efficient Systems and Processes.FINANCIAL IMPACTThe total amount requested is $877,725 to enter into the fiveyear master agreement with Harris. Thefirst year’s implementation and upgrade costs are $444,910, and the projected maintenance costs foryears 2 through 5 is a total of $432,815.The costs will be funded as follows: Org: 46260699 Object: 9410 Project: 10458 $359,669Org: 46160600 Object: 8418 $535,055Funds were not budgeted and require a budget adjustment for the Fiscal Year 2023 impact. Org: 46260699 Object: 9410 Project: 10458 $274,348PUBLIC CONTACT/ADVISORY BODY RECOMMENDATIONN/AALTERNATIVE ACTIONThe City Council may choose not to adopt the resolution. However, continued use of the outdatedsystem leaves the City vulnerable to modern cybersecurity threats as some components of the legacysystem are no longer supported with current fixes and software patches to defend against those threats.Also, the current version has fallen behind the City’s business needs, hindering business processesand delaying customer responses to issues with their utility bills.STAFF CONTACTJeff Bertany, IT Manager(707) 428[email protected] COORDINATED WITHCity Attorney's Office, Finance Department, Public Works Department ATTACHMENTS:

Description
Proposed Resolution
Proposed Agreement
REVIEWERS:

Reviewer Action Date
Chaudhary, Savita Approved 5/2/2023 2:14 AM
Beavers, Esther Approved 5/2/2023 10:45 AM
Beavers, Esther Approved 5/2/2023 10:46 AM
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CITY OF FAIRFIELD

RESOLUTION NO. 2023-115

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAIRFIELD APPROVING A MASTER

SERVICES AGREEMENT WITH NORTHSTAR AND AUTHORIZING AN UPDATE TO THE FISCAL YEAR 2022-2023 BUDGET

WHEREAS, the Information Technology (IT) department uses NorthStar software for utilities billing solutions; and

WHEREAS, the City of Fairfield plans to upgrade the current utilities billing system, which has reached the end of life and is no longer supported ; and

WHEREAS, the Digital Strategic Plan has recommended upgrading the system to avoid system failure and impacts on staffing and customer service; and

WHEREAS, the City IT department wants to engage with N. Harris Computer Corporation (Harris) to upgrade the NorthStar utilities billing software; and

WHEREAS, funding was not allocated in the City’s approved fiscal year (FY) 2022-2023 Budget thus requiring an adjustment in the amount of $274,348 to the Water Capital Fund; and

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

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

Section 1. The City Council authorizes the Master Agreement with Harris, for utilities billing software, professional services, support, and maintenance in the amount of $877,725, from the Water Capital Fund 462 Project 10458.

Section 2. The public works director is hereby authorized to execute and administer amendments in an amount not-to-exceed $ 87,772.

Section 3. The council hereby authorizes the city manager or designee to take all steps necessary or useful to implement this resolution.

Section 4. The council hereby approves a budget adjustment to increase appropriations of $274,348 to the Water Capital Fund (Fund 462).

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RES. NO. 2023-115

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PASSED AND ADOPTED this 16th day of May, 2023, by the following vote:

AYES: MEMBERS: MOY / BERTANI / CARR /PANDURO / TONNESEN/ VACCARO / WILLIAMS

NOES: MEMBERS:

ABSENT: MEMBERS:

ABSTAIN: MEMBERS:

_________
MAYOR

ATTEST:

____________________________

CITY CLERK

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Master Agreement
Software License, Subscription, Services, and Support
and Maintenance Agreement

City of Fairfield, CA

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N. Harris Computer Corp.
1 Antares Drive, Ottawa,
Ontario, Canada, K2E 8C4
Contents
Master Agreement Terms and Conditions ................................................................................................................3 Schedule “A” - Description of Software .................................................................................................... 25 Schedule “B” – Payment Schedule ............................................................................................................ 26 Schedule “C” – Sample Change Order Form ............................................................................................. 27 Schedule “D” – Standard Support and Maintenance Guidelines ............................................................. 28 Help Desk Hours ......................................................................................................................................... 28 Holiday Schedule ........................................................................................................................................ 28 Customer Care Program ............................................................................................................................. 28 Team Support Access 24/7 ......................................................................................................................... 28 Ticket Priorities ........................................................................................................................................... 29 Response Times .......................................................................................................................................... 29 Standard Software Releases and Updates ................................................................................................. 30 Scheduled Assistance for Updates During Regular Business Hours ........................................................... 30 Third Party Support .................................................................................................................................... 30 Microsoft SQL Server ....................................................................................................................................... 30 4Js (3rd Party graphical user interface software) ............................................................................................. 30 BitStew (As part of the CustomerConnect web portal) ................................................................................... 30 IBM Cognos (as part of the Reports Anywhere reporting solutions) .............................................................. 30 Billable Support Services ............................................................................................................................ 31 Test Databases & Environments................................................................................................................. 31 Connection Information ............................................................................................................................. 32 How to Contact Us ...................................................................................................................................... 32 Contacts for Escalations ............................................................................................................................. 32 EXHIBIT “E” - INSURANCE REQUIREMENTS............................................................................................... 33 EXHIBIT “F” – Non-Disclosure Agreement ................................................................................................ 35

Type text here
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Master Agreement Terms and Conditions

THIS SOFTWARE LICENSE, SERVICES, AND SUPPORT AND MAINTENANCE AGREEMENT (the “Agreement”) made as of the _ day of ___,____ (the “Effective Date”).

BETWEEN: N. HARRIS COMPUTER CORPORATION (“Harris”)
- and -
City of Fairfield (“Organization”)
WHEREAS, Harris wishes to grant the Organization a license to utilize certain Software; to provide certain Services related to said Software; and to enter into an agreement for the Support and Maintenance of said Software; and
WHEREAS, the Organization wishes to acquire a license to utilize the Software; to obtain Services related to said Software; and to acquire ongoing Support and Maintenance for said Software; NOW THEREFORE, in consideration of the mutual covenants set out in this Agreement and for other good and valuable consideration (the receipt and sufficiency of which is hereby acknowledged), the parties agree as follows:

ARTICLE I: INTERPRETATION
Section 1.1 Definitions

1.1.1 “Annual Subscription Fees” means any annual subscription fees for Software licensed on a subscription basis as set out in Schedule “A” to this Agreement or in any SOW.

1.1.2 “Completion of Services” means that the Software is operational and performing in conformity with the specifications set out herein. Completion of Services will be deemed to have occurred on the date which the Organization commences using the Software as its predominant business system.

1.1.3 “Named Users” means the total number of Users who can access the Software at any one time as detailed in Schedule “A,” and further described in Article II.

1.1.4 “Named User License” means a license that restricts the total number of Users who can access the Software at any one time to the number detailed in Schedule “A”.

1.1.5 “Confidential Information” means the Software and all information or material that either party treats as confidential which: is (A) marked "Confidential," "Restricted," or "Proprietary Information" or other similar marking, (B) known by the parties to be considered confidential or proprietary, or (C) which should be known or understood to be confidential or proprietary by an individual exercising reasonable commercial judgment in the circumstances. Confidential Information does not include information to the extent that such information: (i) is or becomes generally known to the public by any means other than a breach of the obligations of a receiving party hereunder; (ii) was previously known to the receiving party as evidenced by its written records; (iii) is rightly received by the receiving party from a third party who is not under an obligation of confidentiality; or (iv) is independently developed by the receiving party without reference to or use of the other party's Confidential Information which such independent development can be establish by evidence that would be acceptable to a court of competent jurisdiction. Confidential Information of Harris shall include, without limitation, the Technical Services.

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1.1.6 “Customer Data.” As between Organization and Harris, all Customer Data will remain the sole and exclusive property of Organization. Organization is solely responsible for ensuring the accuracy, quality, integrity, reliability, appropriateness and right to view and use the Customer Data and shall ensure that the Customer Data will not violate any applicable law or the terms of this Agreement. Organization consents to the storage of Customer Data in, and transfer of Customer Data into, the United States if Organization is located in the United States and in Canada if Organization is located in Canada.

1.1.7 “Data” means all, software (including machine images) text, audio, video or images that are transmitted, transferred, or created through Organization’s use of Software or otherwise provided by Organization to Harris.

1.1.8 “Documentation” means user guides, operating manuals, educational materials, product descriptions and specifications, technical manuals, supporting materials, and other information regarding the Software regardless of the media on which it is provided.

1.1.9 “License” means the license rights granted to the Organization pursuant to Article II hereof and includes both a Named User License and a Site License.

1.1.10 “Release” means an Update and an Upgrade.

1.1.11 “Site” means solely at the production environment described in Schedule “A”.

1.1.12 “Site License” means a license that restricts the Software such that it can reside in one production environment and a reasonable number of non-production environments.

1.1.13 “Software” means the software products that are listed in Schedule “A” and includes any Update(s) or Upgrade(s) that have been provided to Organization. Third Party Software is not included in the definition of Software.

1.1.14 “Third Party Software” means the third-party software product licensed to Organization by the applicable licensors as listed in Schedule “A” The terms and conditions for the third-party software are listed in Schedule “E”. Future Releases of the software may require alternate third-party software to be licensed by Organization, which will be subject to a third-party license agreement between Organization and the relevant third-party software licensor. In such case Schedule “A” shall be amended to add any such third-party software and it shall be deemed “Third Party Software” for the purposes of this Agreement.

1.1.15 “Update” means any published changes, additions or corrections to the Software that primarily include a minor modification or enhancement to the Software related to a bug fix, minor additional functionality or legislative changes. An Update is designated by a change in the right-most digit in the version number (for example, a change from X.1 to X.2).

1.1.16 “Upgrade” is a major overhaul of the Software which is a complete new published version of the Software that modifies, revises or alters the Software and adds features, functionality or enhancements to such Software. An Upgrade is typically designated by a change in the number to the left of the decimal point in the version number (for example, a change from 1.X to 2.X).

1.1.17 “User” means any employee of Organization or any of Organization’s agents who are authorized by Harris pursuant to this Agreement to have access to the Software.

Section 1.2 Currency

All references to currency in this Agreement and the related Schedules refer to U.S. Dollars.

Section 1.3 Schedules

The Schedules described below and appended to this Agreement shall be deemed to be integral parts of this Agreement and are incorporated herein by reference:

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• Schedule “A” – Description of Software
• Schedule “B” – Statement of Work (“SOW”) with attached o Fees & Payment Schedule
• Schedule “C” – Sample Change Order Form
• Schedule “D” – Standard Support and Maintenance Guidelines • Schedule “E” – Third Party Terms and Conditions

ARTICLE II: SOFTWARE LICENSES
Section 2.1 Grant of Licenses

2.1.1 Harris Software is licensed, not sold. Software under this Agreement may be licensed perpetually or on a subscription basis, as indicated and designated on Schedule “A.”

2.1.1.1 Perpetual Licenses. For Software licensed to Organization on a perpetual basis, as indicated on Schedule “A” or any SOW and subject to the terms and conditions of this Agreement, including without limitation the payment of the License Fees, Harris hereby grants to the Organization a personal, non-exclusive, non-transferable and limited right and license to use the Software in object code format for the number of Named Users specified in Schedule “A” (the “License”).

This License does not apply to Third Party Software, which are licensed pursuant to their terms.

2.1.1.2 Subscription Licenses. For Software licensed to Organization on a subscription basis, as indicated in Schedule “A” or any SOW, and subject to the terms and conditions of this Agreement including without limitation the payment of the Subscription Fees on an ongoing basis, Harris hereby grants to the Organization a personal, non-exclusive, non-transferable and limited right and license to use the Software in object code format for the number of Named Users specified in Schedule “A” or any SOW (the “License”). All Releases installed by Organization are subject to this License. This License and the other terms and conditions related to this License do not apply to Third Party Software except as this Subscription Agreement may state otherwise.

2.1.2 Any Software furnished by Harris in machine-readable form may be copied in whole or in part by Organization for use on the Organization’s platform and operating system environment which is operating the Software (“Designated Computer System”), whether hosted or on premises. This environment can be accessed by Users and can be from any internal or external computer terminal. To the extent that any temporary files associated with the Software are created during such use on such terminals, those temporary files are permitted under this License but only for such time that the temporary files are actually required. Organization agrees that the original copy of all Software furnished by Harris and all copies thereof made by Organization are and at all times remain the sole property of Harris.

2.1.3 Any License granted under this Agreement permits the Organization to: (i) use the Software for its reasonable business purposes including performance testing, disaster recovery, disaster testing, training, archival and backup, and (ii) use, copy and modify the Documentation for the purpose of creating and using training materials relating to the Software which may include flow diagrams, system operation schematics, and/or screen shots. Access to and use of the Software by independent contractors of the Organization shall be considered authorized use under this Section so long as any such independent contractors are bound by obligations of confidentiality.

2.1.4 The Organization may duplicate Documentation for permitted uses so long as all required proprietary markings are retained on all duplicated copies.

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2.1.5 Software is licensed to the Organization on multiple levels. The Software is licensed on a “Named User License” and “Site License” basis as set forth in Schedule “A” or any SOW. (i) Named User License permits the Organization to use the Software on the Designated Computer System (including all environments such as training, disaster recovery, etc.) provided that the number of Users who may be simultaneously using the Software is limited to the number of Named Users specified for such Software on Schedule “A” or any SOW. A User is further defined as anyone authorized by the Organization who is logged onto the Software, regardless of the type of interface (i.e. graphical user interface or browser user interface). (ii) A Site License permits the Organization to use the Software on the Designated Computer System in one (1) production environment and a reasonable number of non-production environments for the purposes of disaster recovery, disaster testing, training, archival and backup.

Organization requires a separate Site License for each production environment into which the Software or any portion thereof is read in machine-readable form.

Organization may purchase additional licenses to use the Software as necessary at Harris’ then current prices and terms.

2.1.6 As between Harris and Organization, Harris reserves all rights, title and interest in and to the Software not expressly granted herein and the License specifically excludes all such reserved rights, title and interest.

Section 2.2 Term

2.2.1 Term of License of Software. This Agreement commences on the Effective Date.

2.2.1.1 For any Software License(s) identified on Schedule “A” or any SOW as perpetually licensed and licensed pursuant to Article 2.1.1.1 is perpetual and of indefinite duration and annual support and maintenance for the license must be renewed and kept current in order to receive product updates, security updates, and bug fixes.

2.2.1.2 For any Software identified on Schedule “A” or any SOW as licensed on a subscription basis and licensed pursuant to Article 2.1.1.2, unless terminated earlier in accordance with the terms hereof, this Agreement shall commence on the Effective Date and shall continue for a period of one (1) year (the “Initial Term”). After the Initial Term, the Agreement may be renewed upon mutual written agreement between the Parties for successive one (1) year periods (each a "Renewal Term") subject to mutually agreed upon prices and modifications to the terms and conditions of the Agreement. The Initial Term and Renewal Term(s) shall collectively be referred to as the “Term”.

2.2.2 Term of Services. The term for delivery of Services hereunder shall be as set forth in any SOW appended hereto or entered into between the parties hereafter.

2.2.3 Term of Support and Maintenance. The initial term for services provided, pursuant to Article IV hereinafter, shall be for one year beginning on the due date, as detailed in the SOW (Schedule “B”).

Thereafter, the Support and Maintenance provisions of Article IV may be renewed upon mutual written agreement between the Parties subject to mutually agreed upon prices and modifications to the terms and conditions of the Agreements.

Section 2.3 Restrictions on Use

2.3.1 Organization shall not, and will not allow, direct or authorize (directly or indirectly) any third party to: (i) use the Software for any purpose other than in connection with Organization’s primary business or operations; (ii) disassemble, decompile, reverse engineer, defeat license encryption mechanisms, or Packet Page 43 of 418Attachment 2 Page 6 of 92

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translate any part of the Software, or otherwise attempt to reconstruct or discover the source code of the Software except and only to the extent that applicable law expressly permits, despite this limitation; (iii) modify or create derivative works of the Software; (iv) rent, lease, lend, or use the Software for time- sharing or bureau use or to publish or host the Software for others to use; or (v) take any actions that would cause the Software to become subject to any open source or quasi-open source license agreement. Organization shall be wholly liable to Harris for any misuse of the Software.

2.3.2 The Software and related materials supplied by Harris are protected by copyright, trade secret, trademark, and other intellectual property laws. The Software may not be resold or licensed by Organization. Any rights not expressly granted herein are reserved. Organization may not obscure, remove or otherwise alter any copyright, trademark or other proprietary notices from the Software and related materials supplied by Harris.

Section 2.4 Ownership of Software and Confidential Information

2.4.1 The Organization acknowledges that the Software contains proprietary information and Confidential Information that is the sole property of Harris.

2.4.2 The Organization will take reasonable care to safeguard the Software, and at least the same care as it takes to safeguard its own similar Confidential Information.

Section 2.5 Ownership and Disposition of Documents

2.5.1 The parties agree that no materials or documents are being created for Organization by Harris under this Agreement. All materials and documents which were developed or prepared by Harris for general use and which are not the copyright of any other party or publicly available, including educational materials, remain the sole property of Harris.

2.5.2 Where the Organization requests custom materials or documents, the parties shall enter into a separate written agreement which shall include a duly executed statement of work and provisions for the license or ownership of said custom materials.

Section 2.6 Third Party Software

2.6.1 Harris may distribute to Organization the Third-Party Software which is described as Third Party Software in Schedule “A”. Organization shall pay for the Third-Party Software through Harris in the amount of the purchase price(s) listed along with the License Fees attached to Schedule “B”, the SOW.

Harris and/or the Third-Party Software manufacturer(s) will provide Organization with one copy of the then current user Documentation for use with the Third Party Software.

2.6.2 It is acknowledged by the parties hereto that the Third-Party Software provided to Organization pursuant to this Agreement was developed and delivered to Harris by one or more Third Party software companies. As such, the Third-Party Software is licensed to Organization by the applicable licensor listed in Schedule “A” or any SOW and subject to the terms and conditions of the applicable license agreement for such Third-Party Software. Harris makes no warranties, express or implied, with respect to the Third- Party Software, including, without limitation, their merchantability or fitness for a particular purpose and Harris accepts no liability of any kind whatsoever with respect to the Third-Party Software. Any warranty Organization has with respect to the Third-Party Software shall be solely provided by the Third- Party Software licensor.

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Agreement and that the restrictions as set out in Section 2.3 and the confidentiality obligations set out herein shall equally apply to the Third Party Software, subject to any specific permissions that are provided in the license provided by the third party licensor to the Organization.

ARTICLE III: SERVICES

Section 3.1 Harris’ Services

In order to achieve the Completion of Services, Harris agrees, subject to the terms and conditions of this Agreement, to perform the following services (the “Services”) for the Organization in accordance with the relevant Statement of Work:

3.1.1 Oversee and implement the conversion from the Organization’s existing software applications to Harris’ Software.

3.1.2 Install the Software and perform necessary setup and configuration operations.

3.1.3 Provide training.
(i) In any training class exceeding ten (10) people, Organization may be assessed an additional charge for additional instructor(s).
(ii) Organization shall provide copies of the training manuals required for the training classes to each participant either by photocopy or electronic duplication unless a SOW outlines that documentation will not be provided. Each copy is subject to the restrictions and obligations contained in this Agreement.
(iii) On-line reference Documentation is delivered with each release. Organization may print or copy this Documentation solely for its internal use.
(iv) Cancellation of any on-site Services by Organization is allowed for any reason if done in writing more than fourteen (14) days in advance of such Services. Organization will be billed for any non-recoverable direct costs incurred by Harris that result from a cancellation by Organization with fourteen (14) days or less of scheduled on-site Services. Additionally, Organization hereby acknowledges that cancellation of on-site Services means that such on-site Services will be rescheduled as Harris’s then current schedule permits. Harris is not responsible for any delay in Organization’s project resulting from Organization’s cancellation of Services. If upon Harris arrival, the Organization has not completed required tasks for such visit, then the Organization will be billed 100% of the on-site fee and scheduled on-site Services may be cancelled at Harris’ discretion. If additional Services are required because the Organization was not adequately prepared, Harris will provide a Change Order to the Organization for said Services.

3.1.4 The Statement of Work describes in greater detail the Services, the method by which the Services shall be performed and other obligations on the part of the two parties. To the extent that the Statement of Work more explicitly details the Services or the obligations of a party, then those details shall prevail over any other document that is less explicit. Any warranties or representations on the part of Harris in the Statement of Work are not binding on Harris and are merely provided for informational purposes; the only warranties and representations provided by Harris in respect of the Services and this Agreement are found in Article V.

Section 3.2 Performance by Harris

3.2.1 Manner of Performance -- Harris shall perform the Services in an efficient, competent and timely manner and exercise reasonable care, skill and diligence in their performance.

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3.2.2 Harris’ Discretion -- Harris shall determine in its sole discretion the manner and means by which the Services shall be performed. Harris will consult with the Organization on its methodology, manner and means.

3.2.3 Conduct on Organization’s Premises -- The Services shall be performed with the Organization’s full cooperation as agreed, whether on the premises of the Organization or at an alternative location. When working on the Organization’s premises, Harris personnel shall observe the Organization’s administrative and ethics codes relating to the security, access or use of all or part of the Organization’s premises and any of the Organization’s property, including proprietary or confidential information.

3.2.4 Inquiries by Organization -- Harris shall respond expeditiously (and will provide an initial response within 48 hours) to any inquiries pertaining to this Agreement from the Organization.

3.2.5 Independence -- As an independent consultant, Organization retains Harris and its employees and agents on an independent contractor basis and not as an employee.

3.2.6 Coordination of Services -- Harris agrees to coordinate with Organization staff in the performance of Services and to be available for consultation at all reasonable times.

Section 3.3 Performance by Organization

3.3.1 Cooperation by Organization: The Organization acknowledges that the success and timeliness of the implementation process shall require the active participation and collaboration of the Organization and its staff and agrees to cooperate fully with Harris to achieve the Completion of Services expeditiously.

3.3.2 Project Manager: The Organization shall designate a project manager to facilitate the successful implementation.

3.3.3 Passwords. Organization agrees to comply with all Harris security policies and procedures as provided to it and amended from time to time. Organization and its Users shall be responsible for keeping any and all passwords, user ID’s, log-in credentials and private keys assigned to its Users secret and confidential. User ID’s, passwords, login-in credentials and private keys are for Organization’s internal use only and Organization may not sell, transfer or sublicense them to any other entity or person except that Organization may disclose its private key to its agents performing work on its behalf. Organization agrees that it is and shall remain solely and completely liable for any communications or other uses that are made using Organization’s or its Users’ passwords and user ID’s or log-in credentials and private keys, as well as any obligation that may result from such use. Organization agrees to notify Harris in writing if it believes that a password has been stolen or might otherwise be misused. Organization agrees to notify Harris immediately of any unauthorized use of any password or user ID or any other breach of security suspected by Organization.

3.3.4 Reserved.

3.3.5 Additional Organization Obligations:
(i) For any on premises solutions, Organization shall install all Updates within a reasonable time after notification of their availability. However, any fix or correction designated as “critical” by Harris shall be implemented by Organization within thirty (30) days of such notification. (ii) Organization shall notify Harris of suspected defects in any of the Software supplied by Harris.

Organization shall provide, upon Harris request, additional data to reproduce the environment in which such defect occurred.
(iii) Organization shall allow the use of online diagnostics on the Software supplied to Organization as requested by Harris. Organization shall provide to Harris, at Organization’s expense, access to the Designated Computer System via the Organization’s firewall to communications software (e.g. PC Anywhere, WebEx, Web Demo).

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(iv) Organization personnel shall be educated and trained in the proper use of the Software in accordance with applicable Harris manuals and instructions. If Organization’s personnel are not properly trained as mutually determined by Harris and Organization, such personnel will be trained by Harris or Organization within fifteen (15) days. If Harris performs such training, it shall be compensated in accordance with this Agreement.
(v) Organization shall establish proper backup procedures necessary to replace critical Organizational data in the event of loss or damage to such data from any cause and despite anything in this Agreement or the Statement of Work to the contrary, Harris is absolved from any requirements regarding the backup of any data. Organization shall provide Harris with access to qualified functional or technical personnel to aid in diagnosis and to assist in repair of the Software in the event of error, defect or malfunction. (vi) Organization shall not permit any third party to have direct access to provide services in relation to the Software or any Third-Party Software without Harris’ prior written consent. (vii) Organization shall have the sole responsibility for:
(a) the performance of any tests it deems necessary prior to the use of the Software (for on premises and hosted solutions);
(b) assuring proper Designated Computer System installation, configuration, verification, audit controls and operating methods (on premises solutions only); (c) implementing proper procedures to assure security and accuracy of input and output and restart and recovery in the event of malfunction (on premises solutions only); and (d) timely upgrade and keeping current all third-party license releases and/or Software products to meet the requirements of the Software (on premises solutions only).

ARTICLE IV: SUPPORT AND MAINTENANCE

Section 4.1 Delivery of Support Services

4.1.1 Method of Delivery. Harris shall provide software support via telephone and electronic transmission, with site visits only when necessary. The support services will be provided during the hours of operation as described in Schedule “D” hereto, effective on the date support services fees are due, as detailed in the SOW (Schedule “B”). Such services may be modified at Harris’ reasonable discretion and upon prior written notice to Organization, so long as service levels are not reduced below as detailed in the SOW.

Organization will establish auto remote access procedures compatible with Harris’ current practices.

4.1.2 Title to and ownership of all proprietary rights in the Releases and all related proprietary information supplied by Harris in providing the services pursuant to this Support and Maintenance Agreement shall at all times remain with Harris, and Organization shall acquire no proprietary rights by virtue of this Support and Maintenance Agreement.

4.1.3 Harris shall have the right to terminate ongoing Support and Maintenance pursuant to this Agreement immediately if:
i) Organization attempts to assign this Support and Maintenance Agreement or any of its rights hereunder, or undergoes a Reorganization, without complying with this Agreement; or ii) Organization has not paid an undisputed invoice within ninety (90) days of the start of a renewal term.

ARTICLE V: REPRESENTATIONS AND WARRANTIES

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Section 5.1 Warranty of Performance

5.1.1 Software Warranty. The Software will substantially perform as described in the Documentation for a period of ninety (90) days from the Completion of Services if the Software is used in accordance with the Documentation, the terms of this Agreement and where the Organization has the Required Programs and the hardware meets the requirements. The Organization’s sole recourse in the event the Software does not conform to the Documentation is the repair and replacement of the Software.

5.1.2 In the event an error is discovered in the Software outside the warranty period and the error can be reproduced by Harris, provided Organization has ongoing Support and Maintenance with Harris pursuant to Article IV of this Agreement, Harris will make reasonable commercial efforts to provide Organization with a correction or suitable workaround in accordance with the terms of Article IV. Harris reserves the right to produce in its sole discretion Releases at a time of Harris’ own choosing.

5.1.3 Harris warrants that services performed pursuant to this Agreement will be performed in a professional and diligent manner by personnel who are competent in performing their individual tasks. Harris agrees Organization may request new personnel if assigned personnel do meet these standards and such new personnel will be assigned as soon as reasonably practical.

5.1.4 Harris represents, warrants and covenants to Organization that now and at all times during the Term: (a) Harris has the corporate power, capacity and authority to enter into this Agreement; (b) the Software will not infringe, or constitute an infringement or misappropriation of, any Intellectual Property Rights of any third party; (c) it is a business duly incorporated, validly existing, and in good standing under the laws of its state of incorporation; (d) it has all requisite corporate power, financial capacity, and authority to execute, deliver, and perform its obligations under this Agreement; (e) there is no outstanding litigation, arbitrated matter or other dispute to which it is a party which, if decided unfavorably to it, would reasonably be expected to have a potential or actual material adverse effect on its ability to fulfill its obligations under this Agreement; (f) it acknowledges that Organization is relying on its representation of its experience and expert knowledge, and that any substantial misrepresentation may result in damage to Organization; and (g) it is the lawful licensee or owner of the Software (excluding any Organization Data therein) and has all the necessary rights in the Software to grant the use of the Software to Organization.

Section 5.2 Exclusions to Warranty

Harris shall not be liable for any breach of the foregoing warranties which results from causes beyond the reasonable control of Harris, including:

5.2.1 where the installation, integration, modification or enhancement of the Software was not done by Harris or its authorized agent, or where Organization has taken any action which is prohibited by the Documentation or this Agreement;

5.2.2 any use or combination of the Software with any software, equipment or services not supplied by or on behalf of Harris;

5.2.3 user error, or other use of the Software in a manner or in an operating environment for which it was not intended or other than as permitted herein;

5.2.4 Organization’s failure to install a new Update, within a reasonable time, necessary to cure an error or bug, for security or legislative compliance purposes or for such other reasons as Harris may determine in its sole discretion; or

5.2.5 Any other event of force majeure.

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Section 5.3 No Other Warranties

TO THE GREATEST EXTENT PERMITTED BY LAW, THE SOFTWARE IS LICENSED AND ALL OTHER MATERIALS AND SERVICES ARE PROVIDED TO THE ORGANIZATION “AS IS” AND THERE ARE NO WARRANTIES, REPRESENTATIONS

OR CONDITIONS, EXPRESSED OR IMPLIED, WRITTEN OR ORAL, ARISING BY STATUTE, OPERATION OF LAW,

COURSE OF DEALING, USAGE OF TRADE OR OTHERWISE, REGARDING THEM OR ANY OTHER PRODUCT, SERVICE OR MATERIAL PROVIDED HEREUNDER OR IN CONNECTION HEREWITH.

HARRIS, ITS LICENSORS AND SUPPLIERS DISCLAIM ANY IMPLIED WARRANTIES OR CONDITIONS REGARDING THE

SOFTWARE AND ANY OTHER PRODUCTS, SERVICES AND MATERIALS PROVIDED HEREUNDER OR IN CONNECTION

HEREWITH, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABLE QUALITY, MERCHANTABILITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT.

HARRIS DOES NOT REPRESENT OR WARRANT THAT THE SOFTWARE SHALL OPERATE ERROR FREE OR IN THE COMBINATIONS SELECTED, THAT IT SHALL MEET ANY OR ALL OF THE ORGANIZATION’S PARTICULAR REQUIREMENTS, OR THAT ALL ERRORS OR DEFECTS IN THE SOFTWARE CAN BE FOUND OR CORRECTED.

WITHOUT LIMITING THE FOREGOING, HARRIS DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES

WHATSOEVER WITH REGARD TO PRODUCTS OR SERVICES FROM THIRD PARTIES (INCLUDING WITHOUT

LIMITATION THE THIRD-PARTY COMPONENTS, THE HARDWARE, THE OPERATION OF THE INTERNET, NETWORK

OR OTHER COMMUNICATION SERVICES) AND ASSUMES NO RESPONSIBILITY OR LIABILITY WITH RESPECT TO THE

FOREGOING OR THE APPROPRIATENESS OF YOUR DATA MANAGEMENT SYSTEM OR THE ACCURACY OF DATA CONTAINED IN SUCH SYSTEM. HARRIS AND ITS SERVICE PROVIDER DO NOT GUARANTEE THE PRIVACY,

SECURITY, AUTHENTICITY, AND NON-CORRUPTION OF ANY INFORMATION TRANSMITTED OR STORED IN ANY SYSTEM CONNECTED TO THE INTERNET.

NO AGREEMENTS VARYING OR EXTENDING ANY EXPRESS WARRANTIES SET FORTH IN THIS AGREEMENT SHALL

BE BINDING ON EITHER PARTY UNLESS IN WRITING AND SIGNED BY AN AUTHORIZED SIGNING OFFICER OF HARRIS.

Section 5.4 Required Programs and Hardware

5.4.1 The Organization acknowledges that the use of the Software may require that the Organization obtain and install additional required software programs (the “Required Programs”), as detailed in the attached Schedule “A”. The Organization agrees that the acquisition of the Required Programs (including the cost for future updates) shall be at its sole cost and that the cost thereof is not included in the fees herein.

5.4.2 Organization’s hardware shall be maintained in sufficient quality, condition and repair at Organization’s sole cost and expense to support the Software licensed and supported herein. If Harris determines that Organization’s hardware is not of sufficient quality, condition and repair, Harris shall so notify Organization, and Organization will use reasonable efforts to remedy, or begin process to complete remediation is unfeasible, any hardware deficiencies within thirty (30) days.

5.4.3 Organization shall provide no less than ninety (90) days’ notice where the Organization anticipates changing any of the third party software or hardware products in use on the Designated Computer System so that Harris may assess whether the Software will function with the different software or hardware. Where Harris determines that the Software may not function with the alternative software or hardware then any upgrade by Organization to the software or hardware will be at Organization’s sole Packet Page 49 of 418Attachment 2 Page 12 of 92

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risk. Harris and Organization may be required to enter into a Statement of Work document subject to additional fees in order to make this determination.

ARTICLE VI: FEES AND PAYMENT

Section 6.1 Fees and Payments for Licenses

6.1.1 The Organization agrees to pay Harris total License fees detailed in any Schedule “B” or an attached SOW (the “License Fees”), which is not inclusive of any applicable taxes. The Organization shall be responsible for the payment of any applicable duties and sales/consumption taxes. The fee structure and payment schedule is outlined in the attached Schedule “B” or otherwise. The License is subject to the full payment of the License fees. All payments for License fees are non-refundable

6.1.2 Except for any aspect of the License Fee which is payable on the Effective Date, during the term of this Agreement, Organization shall have forty-five (45) days after the date outlined in the payment schedule in Schedule “B” to pay Harris the applicable License Fee.

Section 6.2 Fees and Payments for Services and Subscription Licenses

6.2.1 The Organization agrees to pay Harris total fees as delineated in the SOW (Schedule “B”). The fee structure and payment schedule for Services are outlined in the SOW (Schedule “B”). All payments for Services are non-refundable.

6.2.2 Annual Subscription for Subscription Licenses, as Applicable

6.2.2.1 The Organization agrees to pay Harris the Annual Subscription Fees, which is not inclusive of any applicable taxes. The Organization shall be responsible for the payment of any applicable duties and sales/consumption taxes. The fee structure and payment schedule are outlined in the SOW (Schedule “B”). The License is subject to the full payment of the Annual Subscription Fees in accordance with the payment terms set out in SOW (Schedule “B”).

6.2.2.2 The Annual Subscription Fee will be billed annually in advance beginning as set forth in the SOW (Schedule “B”) and thereafter on the anniversary or on an alternative date mutually agreed to by both parties. If the Organization would like to match the annual invoicing of the Annual Subscription Fee to its fiscal year or any other period it may request, then Harris will issue a prorated invoice for the portion of the year remaining during the initial term. Harris may change the Annual Maintenance Fee from time to time in relation to each renewal term, but Organization shall only be billed once per year.

6.2.3 The Organization agrees to reimburse Harris for its travel, lodging, per diem and other out of pocket expenses as set out in the attachment to the SOW (Schedule “B”) or pursuant to the guidelines of 6.3.2.

6.2.4 During the term of this Agreement, Harris shall, from time to time, deliver invoices to Organization. Each invoice is due and payable upon receipt.

6.2.5 In the event Organization fails to pay all or any portion of an undisputed invoice on or before ninety (90) days after the date it becomes due, in addition to all other remedies Harris has under this Agreement or otherwise, Harris shall have the option to suspend or terminate all Services under this Agreement.

Suspension or termination of any such Services shall not relieve the Organization of its obligation to pay its outstanding invoices, including any late charges.

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6.2.6 Harris shall be responsible for paying all taxes, fees, assessments and premiums of any kind payable on its employees and operations. Any tax Harris may be required to collect or pay upon the delivery of the Services described in this Agreement specific to delivery to Organization shall be paid by Organization and are excluded from the prices listed in the SOW (Schedule “B”) and such sums (including the payment of the taxes) shall be payable upon receipt of invoice. Organization shall be responsible for the payment of any applicable duties and sales/consumption taxes. Organization warrants that there are no additional county/city/municipal style taxes that apply to any of the Services, Support Services or Licenses or that are in relation to income taxes payable by Harris employees.

6.2.7 Change Orders. For proposed changes to the Services defined by this Agreement that do not materially impact the scope of either party's work effort required under this Agreement, the parties will cooperate in good faith to execute Change Orders in respect thereof, and will not unreasonably withhold approval of such proposed changes. If either party causes or requests a change that, in the reasonable opinion of the other party, materially impacts the scope of the parties' work effort required under this Agreement, such as, but not limited to, changes in the allocation of the resources of the Organization and of Harris applied to a task, changes in completion schedules for individual tasks or for overall implementation, and changes in staffing that require a party to provide additional work hours, the other party may propose a change to cover the additional work effort required of it. Approval of any such proposed changes will not be unreasonably withheld (it being acknowledged that any such material changes may require modifications to the consideration paid, timelines governing, and the Services), and any disputes regarding changes shall be handled initially by discussions between the parties which will be convened in good faith by the parties to resolve any such matters in dispute. A sample Change Order is presented in Schedule “C”.

Section 6.3 Fees and Payments for Support and Maintenance Services

6.3.1 In consideration for the support services provided hereunder, Organization shall pay the “Support and Maintenance Fee” as detailed in the SOW (Schedule “B”). The Support and Maintenance Fees will be billed annually in advance on the due date, as detailed in any SOW (Schedule “B”), and thereafter on the anniversary of this date or on an alternative date mutually agreed to by both parties. If the Organization would like to match the annual invoicing of the Support and Maintenance Fee to its fiscal year or any other period it may request, then Harris will issue a prorated invoice for the portion of the year remaining during the initial term. Harris may change the Support and Maintenance Fee from time to time in relation to each renewal term, but Organization shall only be billed once per year.

6.3.2 In addition to the Support and Maintenance Fee, Organization shall reimburse Harris for its reasonable direct expenses, approved in advance by Organization, in providing support services (“Billable Fees”) pursuant to this Agreement which include:
(i) its direct travel expenses which are excluded from the total fees amount described in the Statement of Work, including, but not limited to hotel, airfare, car rental, tolls, parking and airline and travel agent fees;
(ii) courier services, photocopying, faxing and reproduction, all reasonable travel costs (hotel and airfare) including a travel time rate of $75.00 per hour; (iii) a per diem rate of $70.00 for weekdays and a $140.00 for weekends and statutory holidays that includes all meal, food and telecommunications expenses; (iv) a mileage charge based on the current U.S. Internal Revenue Service recommended rate per mile, long distance telephone calls; and
(v) all other reasonable expenses incurred in the performance of Harris's duties including courier services and documentation copying or production.

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Harris shall provide reasonable documentation of such expenses to receive reimbursement. Harris may update its reimbursement policies and rates related to the Billable Fees from time to time, in which case such updated policies shall apply for purposes of this Agreement, provided that such updated reimbursement policies must generally apply to all clients of Harris.

6.3.3 Harris shall supply all Upgrades to Organization at no additional charge other than the payment of ongoing Support and Maintenance Fee. Upgrades may require additional services to be performed by Harris outside of the scope of those services provided by Harris, including additional training not covered by this Agreement and professional services for the installation and implementation of the Upgrade that will be subject to the Harris then-prevailing policies, terms and Billable Fees related to pricing and hourly rates. All such services shall be performed subject to a newly negotiated Statement of Work that will be subject to the terms of this Agreement.

6.3.4 All Updates of the Software and all those services listed in the Statement of Work which are included as part of Organization’s Software support will be made available to Organization at no additional charge other than the payment of the Support and Maintenance Fee.

6.3.5 All payments for Support and Maintenance shall be net of any taxes, tariffs or other governmental charges. Harris shall be responsible for paying all taxes, fees, assessments and premiums of any kind payable on its employees and operations. Any tax Harris may be required to collect or pay upon the sale, use or delivery of support and maintenance services specific to delivery to Organization shall be paid by Organization and such sums shall be due and payable to Harris upon receipt of an invoice therefore. Any taxes levied in relation to the services required for a Release shall be paid by Organization.

Section 6.4 Piggyback Procurement

The Organization reserves the right to extend the terms and conditions of this solicitation to any and all other agencies within the Organization’s state as well as any other federal, state, municipal, county, or local governmental agency under the jurisdiction of the United States and its territories. This shall include but not be limited to private schools, parochial schools, non-public schools such as charter schools, special districts, intermediate units, non-profit agencies providing services on behalf of government, and/or state, community and/or private colleges/universities that require these goods, commodities and/or services. This is conditioned upon mutual agreement of all parties pursuant to special requirements, which may be appended thereto. The supplier/contractor agrees to notify the issuing body of those entities that wish to use any contract resulting from this proposal and will provide usage information, which may be requested. A copy of the contract pricing and the proposal requirements incorporated in this contract will be supplied to requesting agencies. Each participating jurisdiction or agency shall enter into its own Agreement with Harris, and this Agreement shall be binding only upon the principals signing such an Agreement. Invoices shall be submitted in duplicate “directly” to the ordering jurisdiction for each unit purchased. Disputes over the execution of any Agreement shall be the responsibility of the participating jurisdiction or agency that entered into that Agreement. Disputes must be resolved solely between the participating agency and Harris. Organization does not assume any responsibility other than to obtain pricing for the specifications provided.

ARTICLE VII: REMEDIES, LIABILITY, INDEMNITY AND INSURANCE

Section 7.1 Remedies and Liability

7.1.1 Termination of this Agreement shall not affect any right of action of either party arising from anything which was done or not done prior to said termination.

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7.1.2 The Organization and Harris recognize that circumstances may arise entitling the Organization to damages for breach or other fault on the part of Harris arising from this Agreement. The parties agree that in all such circumstances the Organization’s remedies and Harris’ liabilities will be limited as set forth below and that these provisions will survive notwithstanding the termination or other discharge of the obligations of the parties under this Agreement.
(i) EXCEPT FOR DAMAGES ARISING OUT OF HARRIS’ INDEMNIFICATION OBLIGATIONS SET FORTH IN SECTION 7.3, BOTH PARTIES AGREE THAT EITHER PARTY’S ENTIRE LIABILITY (UNDER CONTRACT

OR IN TORT INCLUDING FUNDAMENTAL BREACH, NEGLIGENCE, STRICT LIABILITY OR

OTHERWISE), IF ANY, FOR ANY DAMAGES RELATING TO OR ARISING UNDER THIS AGREEMENT

SHALL NOT EXCEED IN THE AGGREGATE FEES PAID TO HARRIS BY THE ORGANIZATION UNDER THIS AGREEMENT IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE TIME THAT THE CLAIM AROSE.
(ii) IN ADDITION TO THE FOREGOING, NEITHER PARTY BE LIABLE FOR ANY CONSEQUENTIAL,

INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE, OR SPECIAL DAMAGES WHATSOEVER,

INCLUDING BUT NOT LIMITED TO LOST REVENUE OR LOSS OF PROFITS, LOSS OF BUSINESS, LOSS

OF DATA, FAILURE TO REALIZE EXPECTED SAVINGS, OR COST OF SUBSTITUTE GOODS OR

SERVICES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, EVEN IF THE OTHER

PARTY HAS BEEN ADVISED OF THE LIKELIHOOD OF THE OCCURRENCE OF SUCH LOSS OR

DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
(iii) CLAUSES (i) AND (ii) SHALL APPLY IN RESPECT OF ANY CLAIM, DEMAND OR ACTION BY A PARTY

IRRESPECTIVE OF THE NATURE OF THE CAUSE OF ACTION UNDERLYING SUCH CLAIM, DEMAND

OR ACTION, INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, RESCISSION OF CONTRACT, OR TORT.

Section 7.2 Intent

The parties hereby confirm that the waivers and disclaimers of liability, releases from liability, limitations and apportionments of liability, and exclusive remedy provisions expressed throughout this Agreement shall apply even in the event of default, negligence (in whole or in part), strict liability or breach of contract of the person released or whose liability is waived, disclaimed, limited, apportioned or fixed by such remedy provision

Section 7.3 Intellectual Property Indemnity and Insurance

7.3.1 In the event there is a third party claim against Organization alleging that Organization’s use of the Software in accordance with this Agreement constitutes an infringement of a Canadian or United States’ patent, copyright, trademark or trade secret or other intellectual property that is valid and enforceable in Organization’s jurisdiction, Harris shall, at its expense, defend and indemnify Organization and pay any final judgment (including all damages awarded against Organization) against Organization or settlement agreed to by Harris on Organization’s behalf. This indemnity is only effective where (i) Organization has not made any admissions or begun settlement negotiations either prior to or after providing notice to Harris of the applicable claim except with Harris’ prior written consent, (ii) Harris has sole control of the defense of any claim or proceeding and all negotiations for its compromise or settlement; (iii) Organization assists and provides information to Harris throughout the action or proceeding, and (iv) Organization has not modified the Software resulting in the infringement claim except with the prior written consent of Harris.

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7.3.2 Harris’ liability for any claims under this Section 7.3 shall be reduced to the extent such claim arises from;
(i) alterations or modifications to the Software by Organization or by a third party authorized by Organization in any manner whatsoever except with the prior written consent of Harris; (ii) combination, integration or use of the Software with software, hardware or other materials not approved by Harris where such claim would not have arisen but for such combination, integration or use;
(iii) use of the Software other than in compliance with this Agreement; (v) use of the Software after notice from Harris that it should cease due to possible infringement.

7.3.3 In the event that the Organization’s use of the Software is finally held to be infringing or Harris deems that it may be held to be infringing, Organization agrees that the only remedy available to it is that Harris shall be, at Harris' election, for Harris to: (1) procure for the Organization the right to continue use of the Software; or (2) modify or replace the Software so that it becomes non-infringing.7.3.4 The foregoing states Harris' entire liability, and the Organization’s exclusive remedy, with respect to any claims of infringement of any copyright, patent, trademark, trade secret or other intellectual property and property interest rights relating to the Software, or any part thereof or use thereof.

7.3.5 7.3.6 Organization may, at Organization’s sole cost and expense, retain counsel of its own choosing who shall be permitted to attend all settlement conferences and hearings or other court appearances related to the proceeding.

7.3.7 The indemnity provisions of this Section 7.3 shall not apply to Third Party Software and Harris shall have the right to substitute the licensor of the Third-Party Software to perform Harris’ obligations hereunder and the Organization agrees to release Harris from any obligations related to such Third Party Software.

7.3.8 Insurance. Harris shall maintain insurance as set forth in Exhibit D hereto.

Section 7.4 Remedies

Where remedies are expressly afforded by this Agreement, such remedies are intended by the parties to be the sole and exclusive remedies of the Organization for liabilities of Harris arising out of or in connection with this Agreement, notwithstanding any remedy otherwise available at law or in equity.

Section 7.5 General Indemnity

Subject to the Limitation of Liability hereinabove, Harris Agrees to defend, indemnify and hold harmless Organization and its elected officials, officers, directors, agents, attorneys and employees (each, an “Indemnitee”) from and against and all losses, liabilities, damages, expenses, claims, suits, fines or judgments (each a “Claim” and collectively “the Claims”), including attorney’s fees and expenses, which may be suffered by, incurred by, accrued against, charged to, or recoverable from any Indemnitee, by reason of any negligent or willful act or omission of Harris (including by its agents, directors, officers, employees or subcontractors) in the performance of this Agreement; provided, however, that this General Indemnity shall not apply to claims to the extent that they are attributable to the negligence or willful misconduct of an Indemnitee.

ARTICLE VIII: GENERAL

Section 8.1 Confidentiality

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8.1.1 The parties agree to keep confidential any and all Confidential Information with respect to the other party which it has received or may in the future receive in connection with this Agreement and shall only disclose such Confidential Information of the other party (i) to its agents, service providers, employees or representatives who have a need to know such information, for the purpose of performance under this Agreement and exercising the rights granted under this Agreement, and who are bound by non- disclosure obligations at least as protective of the other party’s Confidential Information as this Agreement, or (ii) to the extent required by applicable law or during the course of or in connection with any litigation, arbitration or other proceeding based upon or in connection with the subject matter of this Agreement, provided that the receiving party shall give the disclosing party reasonable notice prior to such disclosure sufficient to allow the disclosing party the opportunity to apply for a protective order or other restriction regarding such disclosure and shall comply with any applicable protective order or equivalent. The parties each agree to hold the other party’s Confidential Information in confidence and to take all reasonable steps, which shall be no less than those steps it takes to protect its own confidential and proprietary information, to protect the Confidential Information of the other party. All Confidential Information will remain the exclusive property of the owner. Notwithstanding the above, it is understood that Organization is subject to the California Public Records Act (Gov. Code §7920.000 et seq.). If a request under the California Public Records Act is made to view Harris’ Confidential Information, Organization shall notify Harris of the request and the date that such records will be released to the requester unless Harris obtains a court order enjoining that disclosure. If Harris fails to obtain a court order enjoining that disclosure, Organization will release the requested information on the date specified.

8.1.2 Reserved.

Section 8.2 Termination

8.2.1 If either party should fail to comply with its obligations under this Agreement, the other party must notify the breaching party in writing of such default (a “Default Notice”). Upon receipt of a Default Notice, the breaching party must correct the default at no additional cost to the other party or issue a written notice of its own disputing the alleged default, in either case within thirty (30) days immediately following receipt of a Default Notice. If the breaching party fails to (i) issue a written notice disputing the alleged default within such thirty (30) day period; or (ii) to correct the default, or issue a notice disputing the alleged default, in either case within ninety (90) days following receipt of the Default Notice, this will constitute and “Event of Default” and the other party may terminate this Agreement effective upon written notice to the other party to that effect.

8.2.2 If Organization has failed to pay the undisputed license fees in accordance with Article VI, then Harris shall have the right to terminate the license rights granted herein and this Agreement effective immediately upon written notice to Organization.

8.2.3 Either party may terminate this Agreement effective immediately upon written notice to the other party if the other party:
(i) becomes insolvent;
(ii) becomes the subject of any proceeding under any bankruptcy, insolvency or liquidation law, whether domestic or foreign, and whether voluntary or involuntary, which is not resolved favorably to the subject party within ninety (90) days of commencement thereof; or (iii) becomes subject to property seizure under court order, court injunction or other court order which has a material adverse effect on its ability to perform hereunder.

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Section 8.3 Procedure on Termination

8.3.1 For (a) software that is licensed perpetually, if this Agreement is terminated prior to the Completion of Services, or (b) for software that is licensed on a subscription basis, then within thirty (30) days following such termination, the Organization shall either return to Harris or delete the Software from all of its locations (except as required under any statute related to retention requirements) and shall certify in writing that all of the Organization’s copies of the Software have either been returned to Harris or deleted.

8.3.2 For software that is licensed on a perpetual basis, if this Agreement is terminated following the Completion of Services, then the Organization may retain the copy of the Software in its possession as of the Completion of Services. Notwithstanding the foregoing, the Organization will remain subject to the obligations imposed upon it pursuant to this Agreement with respect to the Software, including, but not limited to, such obligations relating to ownership of the Software and confidentiality and all of the restrictions on the Organization as set out in Article II.

8.3.3 All warranties related to the Software terminate upon the termination of this Agreement.

Section 8.4 Mediation

The parties agree to submit any claim, controversy or dispute arising out of or relating to this Agreement or the relationship created by this Agreement to non-binding mediation before bringing a claim, controversy or dispute in a court or before any other tribunal. The mediation is to be conducted by either an individual mediator or a mediator appointed by mediation services mutually agreeable to the parties. The mediation shall take place at a time and location which is also mutually agreeable; provided; however, in no event shall the mediation occur later than ninety (90) days after either party notifies the other of its desire to have a dispute be placed before a mediator. Such mediator shall be knowledgeable in software system agreements. The costs and expenses of mediation, including compensation and expenses of the mediator (and except for the attorney’s fees incurred by either party), is to be shared by the parties equally. If the parties are unable to resolve the claim, controversy or dispute within ninety (90) days after the date either party provides the other notice of mediation, then either party may bring and initiate a legal proceeding to resolve the claim, controversy or dispute unless the time period is extended by a written agreement of the parties. Notwithstanding the foregoing, nothing in this Section shall inhibit a party’s right to seek injunctive relief at any time.

Section 8.5 Addresses for Notice

Any notice required or permitted to be given to any party to this Agreement shall be given in writing and shall be delivered personally or mailed by prepaid registered post. Any such notice shall be conclusively deemed to have been given and received on the day on which it is delivered or, if mailed, on the third business day following the date of mailing, and addressed, in the case of Harris, to:

N. HARRIS COMPUTER CORPORATION
Address: 1 Antares Drive, Suite 400, Ottawa, Ontario K2E 8C4 Attention: Jerry Rahon, VP Sales & Marketing NorthStar
Phone: 714-335-9700
Email: [email protected]

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Address: 1000 Webster St, IT Department, Fairfield, CA 94533 Attention: Jeff Bertany
Phone: 707-428-7531
Email: [email protected]

Each party may change its particulars respecting notice, by issuing notice to the other party in the manner described in this Section 8.5.

Section 8.6 Assignment

Neither party may assign any of its rights or duties under this Agreement without the prior written consent of the other party, such consent not to be unreasonably withheld, except that either party may assign to a successor entity in the event of its dissolution, acquisition, and sale of substantially all of its assets, merger or other change in legal status. The Agreement shall inure to the benefit of and be binding upon the parties and their respective successors and permitted assigns.

Section 8.7 Reorganizations

The Organization acknowledges that the License, Services, and Support Fees set out in this Agreement has been established on the basis of the structure of the Organization as of the Effective Date. To the extent that the Organization amalgamates, consolidates or undergoes any corporate reorganization or transition (a “Reorganization”), and the resulting entity (whether or not the Organization is the resulting or continuing entity) requires additional Licenses to add additional Named Users or sites, Harris shall be entitled to receive, and the Organization shall pay, an additional License, Support or other fee based on the then prevailing License, Support and other Harris fee schedule in effect. The provisions of this Section 8.7 shall apply to any subsequent Reorganizations occurring following the first Reorganization. The provisions of this Section 8.7 shall not apply where the Organization undergoes a Reorganization involving only other organizations that already have a valid License to use the same Software.

Section 8.8 Entire Agreement

This Agreement shall constitute the entire agreement between the parties hereto with respect to the subject matter. There are no other understandings, agreements, representations, warranties or other matters, oral or written, purportedly agreed to or represented by or on behalf of Harris by any of its employees or agents, or contained in any sales materials or brochures. This Agreement may not be modified except by an amendment signed by an authorized representative of each party. No provisions in any purchase orders, or in any other documentation employed by or on behalf of the Organization in connection with this Agreement, regardless of the date of such documentation, will affect the terms of this Agreement, even if such document is accepted by Harris, with such provisions being deemed deleted. The parties have both had the opportunity to review this Agreement with counsel, and this Agreement shall not be construed in favor of or against either Party on account of drafting.

Section 8.9 Section Headings

Section and other headings in this Agreement are for reference purposes only and do not describe, interpret, define or limit the scope or extent of any provision hereof.

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Section 8.10 Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of California and the federal laws of the United States of America. Harris hereby consents and submits to the jurisdiction and forum of the state and federal courts in the County of Solano, State of California, in all questions and controversies arising out of this Agreement.

Section 8.11 Reserved

Section 8.12 Invalidity

The invalidity or unenforceability of any provision or covenant contained in this Agreement shall not affect the validity or enforceability of any other provision or covenant. Any such invalid provision or covenant shall be deemed modified to the extent necessary in order to render it valid and enforceable; if such provision may not be so saved, it shall be severed and the remainder of this Agreement shall remain in full force and effect.

Section 8.13 Waiver

A term or condition of this Agreement may be waived or modified only by written consent of both parties.

Forbearance or indulgence by either party in any regard shall not constitute a waiver of the term or condition to be performed, and either party may evoke any remedy available under this Agreement or by law despite such forbearance or notice.

Section 8.14 Counterparts

This Agreement may be executed in counterparts (whether by facsimile, via emailed PDF or otherwise), each of which shall constitute an original and all of which shall constitute one Agreement.

Section 8.15 Further Assurances

The parties shall do all such things and provide all such reasonable assurances as may be required to consummate this Agreement, and each party shall provide such further documents or instruments required by any other party as may be reasonably necessary.

Section 8.16 Allocation of Risk

Organization acknowledges that the limited warranties, disclaimers and limitations of liability contained in this Agreement are fundamental elements of the basis of bargain between Organization and Harris and set forth an allocation of risk reflected in the fees and payments due hereunder.

Section 8.17 Relationship

The parties are and shall remain independent contractors in the performance of this Agreement and nothing herein shall be deemed to create a joint venture, partnership or agency relationship between them. Neither party will have the power to bind the other party or to contract in the name of or create any liability against the other party in any way for any purpose. Neither party will be responsible for the acts or defaults of the other party or of those for whom the other party is in law responsible.

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Section 8.18 Trade Compliance
In connection with this Agreement, each party will comply with all applicable import, re-import, sanctions, anti- boycott, export, and re-export control laws and regulations, including all such laws and regulations that apply to a U.S. company, such as the Export Administration Regulations, the International Traffic in Arms Regulations, and economic sanctions programs implemented by the Office of Foreign Assets Control. Organization represents that Organization and the entities that own or control Organization, and the financial institutions used to pay Harris under this Agreement, are not subject to sanctions or otherwise designated on any list of prohibited or restricted parties, including but not limited to the lists maintained by the United Nations Security Council, the U.S. Government (e.g., the U.S. Department of Treasury’s Specially Designated Nationals list and Foreign Sanctions Evaders list, and the U.S. Department of Commerce’s Entity List), the European Union or its member states, or other applicable government authority Section 8.19 U.S. Government End-Users

The Software (i) was developed exclusively at private expense; (ii) is a trade secret of Harris for the purposes of the Freedom of Information Act; (iii) is “commercial computer software” subject to limited utilization (Restricted Rights); and (iv) including all copies of the Software, in all respects is and shall remain proprietary to Harris or its licensors. Use, duplication or disclosure by the U.S. Government or any person or entity acting on its behalf is subject to restrictions for software developed exclusively at private expense as set forth in: (i) for the DoD, the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 and/or 252.227.7014 or any successor clause, and (ii) for all government agencies, the Commercial Computer Software – Restricted Rights clause at FAR 52.227-19 or any successor clause. The U.S. Government must refrain from changing or removing any insignia or lettering from the Software or from producing copies of the Software and manuals (except one copy of the Software for backup purposes). Use of the Software shall be limited to the facility for which it was acquired. All other U.S. Government personnel using the Software are hereby on notice that use of the Software is subject to restrictions that are the same as, or similar to, those specified above. The manufacturer/owner is N.

Harris Computer Corporation, 1 Antares Drive, Suite 400, Ottawa, ON K2E 8C4.

Section 8.19 Reserved

Section 8.20 Language

The parties confirm that it is their wish that this Agreement, as well as all other documents relating to this Agreement, including notices, be drawn up in English only.

Section 8.21 Force Majeure

No default, delay or failure to perform on the part of either party shall be considered a breach of this Agreement where such default, delay or failure is due to a force majeure or to circumstances beyond its control. Such circumstances will include, without limitation, strikes, riots, civil disturbances, actions or inactions concerning government authorities, epidemics, war, terrorist acts, embargoes, severe weather, fire, earthquakes, acts of God or the public enemy or default of a common carrier or other disasters or events.

Section 8.22 Survival
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The following sections and articles shall survive the termination or expiration of this Agreement: Article II, Article V, Article VII, and Article VIII and any other provisions which are required to ensure that the parties fully exercise their rights and obligations hereunder.

Section 8.23 No Effect of Click-Through Terms and Conditions

Where Organization is required to “click through” or otherwise accept or made subject to any online terms and conditions in accessing or using the Services, such terms and conditions are not binding and shall have no force or effect as to the Services or this Agreement.

Section 8.24 Compliance with All Laws

Harris shall exercise best efforts keep itself informed of all material and applicable federal, state and local laws, ordinances, codes, regulations and requirements which may, in any manner, affect those employed by it or in any way affect the performance of its services pursuant to this Agreement. Harris shall, at all times, observe and comply with all such laws and regulations, including, but not limited to the Americans with Disabilities Act, the Stored Communications Act, 18 U.S.C. Section 2701, et seq., California Civil Code Sections 1798.80 through 1798.84, and the California Consumer Privacy Act, Civil Code Section 1798.100, et seq. Organization, and its officers and employees, shall not be liable at law or in equity by reason of the failure of the Harris to comply with this paragraph.

Section 8.25 Auditable Records

Harris shall maintain accurate records of all fees billable to, and payments made by, Organization in a format that will permit audit by Organization for a period of no less than three (3) years from when a fee was incurred or a payment was made. Any such audits will be no more than once in a calendar year, after reasonable advanced notice, and during normal business hours. The foregoing obligation of Harris shall survive the termination of this Agreement.

Section 8.26 Advertising and Publicity

Harris shall not refer to Organization directly or indirectly in any advertisement, news release, or publication, or use any Organization logo, seal or mark, without prior written approval from Organization. Notwithstanding the foregoing, Harris may make sure public disclosures as required by securities laws.

Section 8. 27 Discrimination

In the performance of this Agreement, Harris, and any subcontractor of Harris shall not discriminate against any employee, subcontractor or applicant for employment because of race, color, religious creed, sex, gender, gender identity, gender expression, marital status, national origin, ancestry, age, physical disability, mental disability, medical condition, genetic information, sexual orientation, military or veteran status, or other basis prohibited by law, except as provided in Government Code section 12940. Harris shall have responsibility for compliance with this Section.

Section 8.28 Conflict Of Interest

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Harris warrants that it, its officers, employees, associates and subcontractors, presently have no interest, and will not acquire any interest, direct or indirect, financial or otherwise, that would conflict in any way with the performance of this Agreement, and that it, its officers, employees, associates and subcontractors, will not employ any person having such an interest. Harris and its officers, employees, associates and subcontractors, if any, shall comply with all conflict of interest statutes of the State of California applicable to Harris’s services under this Agreement, including the Political Reform Act (Gov. Code § 81000, et seq.) and Government Code Section 1090.

Organization’s Rights to Employ Other Consultants. Organization reserves the right to employ other consultants in connection with the subject matter of the Services.

Inserted Provisions. Each provision and clause required by law to be inserted into the Agreement shall be deemed to be enacted herein, and the Agreement shall be read and enforced as though each were included herein. If through mistake or otherwise, any such provision is not inserted or is not correctly inserted, the Agreement shall be amended to make such insertion on application by either party.

Exhibits. The Exhibits referenced in this Agreement are attached hereto and incorporated herein by this reference as though set forth in full in the Agreement. If any inconsistency exists or arises between a provision of this Agreement and a provision of any exhibit, or between a provision of this Agreement and a provision of Harris’s proposal, the provisions of this Agreement shall control.

IN WITNESS WHEREOF the parties hereto have duly executed this Agreement to be effective as of the Effective Date.

N. HARRIS COMPUTER CORPORATION
Per:

Name:

Title:

Date:

City of Fairfield, CA
Per:

Name:

Title:

Date:

Jerry Rahon
VP, Sales & Marketing

04.21.2023
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Rev. 711/2019 Page 25

Schedule “A” - Description of Software

Please refer to the Statement(s) of Work (SOW) provided under separate cover.

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Schedule “B” – Payment Schedule

Please refer to the Payment Schedule provided under separate cover.

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Schedule “C” – Sample Change Order Form

NORTHSTAR IMPLEMENTATION PROJECT - CHANGE ORDER REQUEST FORM ORGANIZATION NAME: CITY OF FAIRFIELD

Vendor: NorthStar Utilities Solutions; a Division of Harris Computer Systems Date:

Change Order Number:

Project Description: City of Fairfield, NorthStar CIS Implementation Original SOW Name:

Original SOW Signature Date:

Requested By:

Scope of Change Requested:

Assumptions and Other Requirements:

Payment Terms:

Start Date:

Cost Impact:

A signature below will serve as authorization to proceed with this change order. Please sign and return to [email protected]
Approval (signature and date):

Organization Approval
Organization Project Manager
NorthStar Utilities Solutions Project Manager

Change is  Approved  Denied Date ____________________

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Schedule “D” – Standard Support and Maintenance Guidelines

Help Desk Hours
Standard hours are from 8:00 am to 8:00 pm EST Monday through Friday, excluding designated statutory holidays. Customer requested Support is available outside of standard hours and is billable on an hourly basis (minimum number of hours will apply) at a rate of $338/hr. Weekend assistance is available and must be scheduled in advance (and is billable on an hourly basis with a minimum number of hours that apply).

Holiday Schedule
NorthStar Support Services will be closed on the Canadian and US statutory holidays below. Support will be available on all Canadian statutory holidays when there is no US corresponding statutory holiday.

New Year’s Eve Early Closure
New Year’s Day Closed
Labor Day Closed
Christmas Eve Early Closure
Christmas Day Closed
Boxing Day Early Closure

Customer Care Program
• Technical Support Bulletins
• Communication on new products and services
• Dedicated Customer Support Account Lead as first point of contact as required • Participation in Regional User Group Meetings
• Participation in NorthStar Webinars
• Opportunity to take part in validation and focus groups • Opportunity to take part in Harris Annual Customer Conference “Software for Life” Guarantee
• Support on existing Harris software applications for life o Products reach the end of their product life cycle for a number of reasons. These reasons include market demands, technology innovation and development driving changes, or the products simply mature over time and are replaced by functionally richer technology. If NorthStar determines a product to be end of support we will ensure the existing product software license grants access to new platforms within the same product class. • Software transferability and cost effective upgrades
Team Support Access 24/7
• Open new tickets
• View open/closed tickets for your organization
• Post Screen Recordings and Video Recordings to tickets • View Knowledge Base Articles
• View Product Information
• Report on Ticket Metrics
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• Find out the latest NorthStar News; Events; Product Releases Ticket Priorities
In an effort to assign our resources to incoming tickets as effectively as possible, NorthStar has identified four types of ticket priorities P0, P1, P2 and P3.

PRIORITY 0 - PRODUCTION DOWN
Deemed by NorthStar Team to be Extremely High Priority (Production Only) Production Down
Complete loss of service
PRIORITY 1 - BUSINESS CRITICAL
Deemed by NorthStar Team to be of high priority as NO workaround exists Performance issue impacting critical processes
No workaround exists
Examples: Inability to create bills
PRIORITY 2 - MEDIUM TO HIGH BUSINESS IMPACT
Deemed by NorthStar Team to be important; however, workarounds are available State of Degraded Performance
Workaround exists.

Examples: usability issues; non-critical performance issue; calculation issues PRIORITY 3 - MINIMAL BUSINESS IMPACT/REQUESTS
Deemed by NorthStar Team to be more general/cosmetic in nature OR Scheduled Minimal Business Impact
General Product Issues/Questions/Aesthetic Issues/Formatting Issues/Questions on Documentation Enhancement Requests/Requests for Statement of Work/To be Scheduled items NOTE: NorthStar reserves the right to reclassify the priority level at any time if we reasonably believe the classification is incorrect.

Response Times
Response times will vary and are dependent on the priority of the call. We do our best to ensure that we deal with incoming cases in the order that they are received; however, cases will be escalated based on the urgency of the issue reported.

NorthStar’s standard response times are as follows:

Priority 0 Response within 2 business hours
Priority 1 Response within 4 business hours
Priority 2 Response within 8 business hours
Priority 3 Response within 24 hours

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Standard Software Releases and Updates
• Defect corrections
• Planned enhancements
• Payroll regulated changes (additional charges may apply) • Participation in BETA program
• Release notes
• State, Province and/or Federal mandated changes (additional charges apply)

Scheduled Assistance for Updates During Regular Business Hours • Additional charges apply outside of regular business hours. • Charges may apply depending on scope of work.

Third Party Support
Standard Third Party Support and Maintenance Services are provided, for those clients with maintenance on 3rd party products, based on the descriptions below. NorthStar provides 1st line support for all 3rd party products listed below and will escalate to the vendor if required. Please note that 3rd party installations & preventative maintenance services are not included as part of your maintenance unless otherwise indicated below.

Microsoft SQL Server
• Initial SQL Server installation & configuration
• Establish database connections to NorthStar database
• Limited troubleshooting and/or repair of database related issues 4Js (3rd Party graphical user interface software)
• Entitlement to new GUI software releases
• Installation and configuration for test and live NorthStar environments • Limited troubleshooting and/or repair of database related issues BitStew (As part of the CustomerConnect web portal)
• Installation & configuration for test and live CustomerConnect environments IBM Cognos (as part of the Reports Anywhere reporting solutions) • Initial installation & configuration of IBM Cognos for use with Reports Anywhere • Set up of IBM Cognos license/establishment of connections with the NorthStar software • Limited assistance in utilizing embedded report writer functionality. • Updates to IBM Cognos data model which reflect changes in NorthStar database schema due to upgrades
• Limited assistance in locating information within the IBM Cognos data model • Assistance with existing reports

NOTE: NorthStar recommends Microsoft SQL Server and supports Microsoft supported versions of the SQL database. Those versions of SQL Server that are no longer supported by Microsoft should no longer be considered supported by NorthStar.

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Billable Support Services
The list below are deemed to be out of scope from our standard Annual Maintenance and Support Agreement, but may be expressly included in Organization’s SOW, in which case additional fees shall not apply. These items may be optionally available as billable services and include, but may not be limited to:
• Post Go-Live Training
• Post Go-Live Project management
• Form creation and redesign
• Handheld interface of new interface, setups and changes • Setup of new services or changes to services (PAP, ACH, etc) • File imports and exports and interfaces to other applications • Refresh backups, restores, setting up test areas
• Setup of new printers, printer setup changes
• Custom modifications (reports bills, forms, reversal of customizations) • Setting up additional companies/agencies/tokens/general ledgers • Data conversions and global modification to setup table data • Database maintenance, repairs and optimization (unless specifically listed as a Support deliverable) • Extended hardware and operating system support
• Upgrades and support of third party software
• Installations and re-installations (workstations, servers) • Creation of Test databases and environments

NOTE: Modifications to data in the NorthStar database via non-sanctioned NorthStar solutions or partner solutions are strictly prohibited and not supported.

Test Databases & Environments
NorthStar recommends that customers maintain an independent Test environment for testing purposes. This allows customers the opportunity to test fixes, modifications, new business processes and/or scenarios without risking any potentially unwanted changes to the Production (Live) environment. The creation of additional Test databases & environments is a billable service, if performed by NorthStar Support post Go- Live.

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Connection Information

1. Direct Tunnel

2. VPN - Example:
a. Cisco Any Connect
b. Microsoft VPN
c. FortiClient
d. SonicWall Net Extender
e. Bomgar
f. Global Protect
g. Zywall

3. Web:
a. Citrix
b. Bomgar Web
c. Beyond Trust
d. CyberArk

4. Customer controlled connections:
a. WebEx
b. GoToMyPC

How to Contact Us

Existing customers can login to our Customer Hub at:
https://northstarutilitiessolutions.na2.teamsupport.com/login/user

Contacts for Escalations

1. Dawn Ivanochko
Director, Support Services
1-888-847-7747 X2032
[email protected]

2. Diane Vieson
Manager, Support Services
1-888-847-7747 X2012
[email protected]

3. Karen McKernan
Vice President, Support Services
1-888-847-7747 X2744
[email protected]

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EXHIBIT “E” - INSURANCE REQUIREMENTS

Harris 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 Harris, its agents, representatives, or employees.

1. MINIMUM SCOPE AND LIMITS OF INSURANCE
Commercial General Liability coverage (occurrence Form CG 00 01) with minimum limits of $1,000,000 per occurrence for bodily injury, personal injury, products and completed operations, and property damage. If Commercial General Liability or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.

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

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.

X Professional Liability Insurance / Errors and Omissions Liability in the minimum amount of $1,000,000 per occurrence.

X CYBERSECURITY Liability Insurance 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 Organization. At the option of the Organization, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the Organization, its officers, officials, employees and volunteers; or the Harris shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses.

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i. 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:
ii. The Organization, 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 Harris; products and completed operations of the Harris; premises owned, occupied or used by the Harris; and automobiles owned, leased, hired or borrowed by the Harris. The coverage shall contain no special limitations on the scope of protection afforded to the Organization, its officers, officials, employees or volunteers.
iii. For any claims related to this project, the Harris’ insurance coverage shall be primary insurance as respects the Organization, its officers, officials, employees and volunteers. Any insurance or self- insured maintained by the Organization, its officers, officials, employees or volunteers shall be excess of the Harris’ insurance and shall not contribute with it. iv. Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the Organization, its officers, officials, employees or volunteers.
v. The Harris’ insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability. vi. 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 Organization.
vii. 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 Harris’ 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. b. 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 Organization.

VERIFICATION OF COVERAGE. Harris shall furnish the Organization 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 Organization approval; and submitted electronically through the Exigis insurance system to: certificates- [email protected]. All insurance certificates and endorsements are to be received and approved by the Organization before work commences. At the request of the Organization, Harris shall provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications.

SUB-CONTRACTORS. Harris shall require all subcontractors to procure and maintain insurance policies subject to the requirements of Exhibit D. Failure of Harris to verify existence of sub-contractor’s insurance shall not relieve Harris from any claim arising from sub-contractors work on behalf of Harris.

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EXHIBIT “F” – Non-Disclosure Agreement

Regarding the City of Fairfield’s Sensitive Proprietary Infrastructure Information

This Non-Disclosure Agreement (“Agreement”), is entered into this day of ________, 2023 (“Effective Date”), by and between the City of Fairfield, (“City”), a municipal corporation of the State of California, and the entity responding to City’s above-referenced subject for receiving such information whose name, address, and state of incorporation, are as follows (please print):

______ N. HARRIS COMPUTER CORPORATION______,
(hereinafter the “Recipient”).

WHEREAS, the City, acting through the Information Technology Department, will disclose certain Confidential Information to potential vendors who wish to work with the City, relating to the City’s network configuration and infrastructure; and

WHEREAS, each potential entity who may work with the City, at the request of the Information Technology Department must have access to such information in order to configure hardware, software, application or network services; and

WHEREAS, in order to release this Confidential Information to potential vendors, the City requires each vendor to enter into this Agreement through its authorized representative and return it to the City as a pre-condition of receiving supplemental documents that contain Confidential Information;

NOW THEREFORE, in consideration of the above recitals and the mutual promises of the parties herein contained, it is agreed by and between the parties as follows:

1. “Confidential Information” as used in this Agreement shall mean any and all technical and non-technical information, data, documents, records, and materials provided by or on behalf of the City to the Recipient, including without limitation patent, trade secret, proprietary, and systems security- related information and information related to the current, future and proposed services of the City, in any form or medium, written or oral. Confidential Information also includes other information that is marked or otherwise identified as confidential or proprietary, or that would otherwise appear to a reasonable person to be confidential or proprietary in the context and circumstances in which the information is known or used.

Confidential Information shall not include public records subject to disclosure under the California Public Records Act, Government code section 7920.000.

2. The Recipient agrees that it will not make use of, disseminate, or in any way disclose the City’s Confidential Information to any person, firm or business, except as necessary for the Recipient to work with the City Information and Technology Department, and any purpose the City has authorized or hereafter authorizes in writing. The Recipient agrees that it shall disclose Confidential Information only to those directors, officers, employees, agents, affiliates, advisors, representatives, or consultants who need to know such information and who have previously agreed, either as a condition to employment or service or in order to obtain the Confidential Information, to be bound by terms and conditions substantially similar to those of this Agreement.

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3. The Recipient agrees to hold all Confidential Information of the City in the strictest confidence and treat it with the same degree of care as it accords to its own Confidential Information, and
the Recipient represents and warrants that it exercises reasonable care to protect its own Confidential Information.

4. The Recipient’s obligations under Sections 2 and 3 with respect to any portion of the City’s Confidential Information shall terminate if the Recipient can document that: (a) such information was in the public domain at the time it was communicated to the Recipient by the City; (b) such information entered the public domain subsequent to the time it was communicated to the Recipient through no fault of the Recipient; (c) it was in the Recipient’s possession free of any obligation of confidence at the time it was communicated to the Recipient by the City (as shown by the Recipient’s files and records as of the time of disclosure); (d) it was rightfully communicated to the Recipient by a third party free of any obligation of confidence subsequent to the time that it was communicated to the Recipient by the City; (e) it was developed by employees or agents of the Recipient independently of and without reference to any information communicated to the Recipient by the City; or (f) the communication was in response to a valid order by a court or other governmental body, was otherwise required by law, or was necessary to establish the rights of either party under this Agreement (provided that the Recipient has provided the City with a reasonable opportunity to seek protective legal treatment for such Confidential Information).

5. All materials (including, without limitation, documents, drawings, models, apparatus, sketches, designs and lists) furnished to the Recipient by the City shall remain the property of the City and shall be returned promptly upon request, together with any copies thereof, or destroyed with the consent of the City.

6. The Recipient shall not assign or transfer any rights or obligations under this Agreement without the prior written consent of the City.

7. Recipient’s obligations under this Agreement shall survive the termination of any other contractual agreement between the parties.

8. This Agreement shall be governed in all respects by the laws of the United States of America and by the laws of the State of California. The sole jurisdiction and venue for any dispute arising under this Agreement shall be the state and federal courts located in Solano County, CA, and each party to this Agreement hereby submits to such jurisdiction and venue.

9. This Agreement may only be changed by mutual agreement of authorized representatives of the parties in writing.

10. The Recipient acknowledges and agrees that irreparable injury may result to the City if the Recipient breaches the provisions of this Agreement and that damages may be an inadequate remedy in respect of such breach. The Recipient agrees in advance that, in the event of such breach, the City shall be entitled to the granting of injunctive relief in the City’s favor, in addition to such other remedies, damages and relief as may be available under applicable law.

11. This Agreement shall not be construed in any manner to be an obligation to enter into further contract or to reimburse the cost of any effort expended by Recipient.

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12. This agreement constitutes the entire agreement of the parties with respect to the subject matter hereof. In the event of a dispute or a claim by a party to enforce its rights under this Agreement, the non-prevailing party shall pay all of the prevailing party’s reasonable legal fees. This Agreement and all of the provisions hereof shall be binding upon and inure to the benefit of the parties hereto and their respective successors, transferees and assignees.

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IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above.

RECIPIENT:

By:

Name:

Title:

Date:

CITY OF FAIRFIELD:

By:

Name:

Title:

Date:

Jerry Rahon
VP, Sales & Marketing

04.24.2023
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City of Fairfield: Contracts
with NorthStar Utilities
Solutions

2023

REVIEWED BY CITY OF FAIRFIELD , INFORMATION

TECHNOLOGY DEPARTMENT

PREPARED BY: NORTHSTAR UTILITIES SOLUTIONS
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1 Executive Summary

The City of Fairfield intends to pursue signing contractual agreements for four separate priority initiatives with the city’s customer information system and utility billing software vendor, NorthStar Utilities Solutions. It is anticipated each project will begin within 8 months from contract signature .

Four different project contracts have been compiled into t his one document, along with two appendices that outline hardware and software specifications.

The four projects and the related statement of work (SOW) contracts include the following projects:

1) mCare Legacy Browser Update
With an Internet Explorer Desktop application now end of life, an update to the Chrome or Edge Browser along with modifications are required to operate the mCare solution as it is designed.

2) CIS Server Migration
As current servers are nearing end of life, NorthStar will migrate the city’s customer information system (CIS) from the current environment to a new server for compliance of security and data safety . Fairfield will also be updating the CIS to the most re cent software release as part of the migration project.

3) SilverBlaze Implementation
In an effort to support customers more efficiently and with more options, Fairfield will implement a new self -service customer engagement and web portal; a one -stop shop to connect consumers with all the information they may need at their fingertips .

4) mCare6 Implementation and Training
Fairfield will be upgrading their workforce management system to a real-time mobile solution that optimizes in-field service order processes and provides visibility to field work status updates.

Each SOW is valid until July 3, 2023.

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2 Table of Contents

SOW #1: mCare Legacy Browser Update ……………………………………………………………………………………………. 3

SOW #2: CIS Server Migration……………………………………………………………………………………………………………. 7

SOW #3: SilverBlaze Implementation…………………………………………………………………………………………….…. 19

SOW #4: mCare6 Implementation and Training………………………………………………………………………………… 33

Appendix A: NorthStar mCare6 Feature Guide …………………………………………………………………………………. 46

Appendix B: Hardware and Software Specifications…………………………………………………………………………. 54

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3 SOW #1 of 4

Statement of Work:
mCare Legacy Browser Update

City of Fairfield

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4 Date: April 3, 2023 Support Call: N/A Customer: City of Fairfield Department: NS-SS Attention: Jeffrey Bertany Fixed Price: $6,038

Services Description: With the upcoming end of life of the Internet Explorer Desktop application City of Fairfield (“Fairfield”) will need to update to the Chrome or Edge Browser. This update will require some modifications to the mCare V2 pages to function properly with the new browser.

Scope of Work:

• Update Fairfield’s mCare install to ensure all functions will work with late st versions of Chrome , Edge or Safari web browsers, with the exception of the Keep Alive Pop -up box and audible notification of new and voided service orders.
• Provide User Acceptance testing support
• Upon customer approval promote to production environment

Assumptions:

• New browsers will not allow automatic pop -ups of the Keep Alive screen and audible sound. The Keep alive pop -up can be launched directly from the main menu with a click of a button.

• All project activities to be performed remotely, unless ot herwise requested.

• Fairfield will provide the appropriate remote access to its network, facilities, and systems as may be required to perform activities from one of NorthStar’s locations. NorthStar shall abide by all rules and directions of Fairfield whe n accessing Fairfield’s network, facilities or systems.

• Upon deployment of the modification into mCare non-production, Fairfield will have ten (10) business days for acceptance testing, during which time, issues reported within the 10 days will be resolved at no charge provided they are part of the original scope of work . At that time the will be promoted to the mCare production environment on agreement from Fairfield. All changes or issues reported after 10 days will be considered billable, unless a prior arrangement or extension to the acceptance period is made .

• If a project delay is encountered due to external factors outside of NorthStar’s control, and User Acceptance Testing needs to extend beyond the 10-day window for UAT reme diation testing NorthStar and Fairfield will analyze the results of this external factor on the project timeline to determine if there is a need for a change request to reflect a substantial change to the project plan, budget, or timeline.

• Fairfield resources will be available as required for User Acceptance testing. It is expected that the individuals identified will have experience in the day -to-day operations and will work closely with the NorthStar Consultant to resolve issues as required. The main pur pose for this Packet Page 80 of 418Attachment 2 Page 43 of 92

5 interaction is to provide a quick and consistent response to procedural issues so that the NorthStar Consultant is not required to contact a large number of Users.

• Should Fairfield require any data refreshes of the NorthStar non-production system throughout testing they will need to coordinate the refresh with NorthStar to ensure none of the configuration work is overwritten in error. If a refresh occurs without NorthStar’s prior knowledge and set ups need to be restored a change order will b e issued for the additional effort to do so.

Approach:

Upon contract award, NorthStar strives to coordinate and commence all work at the earliest period. Please speak to your Account Manager to obtain the current anticipated project start date.

Should additional time be required to complete this project at any time, you will be notified and asked for your approval in advance of NorthStar completing the incremental work.

Once the modification is ready for testing, you will be contacted by the No rthStar Consultant assigned to your project to walk you through the steps required for testing .

Acceptance Terms:

The work contained within this document is deemed completed and accepted if one of these criteria is met:
o The modification is moved to the production environment upon Fairfield’s approval

o 10 days has elapsed from delivery of the modification into Fairfield’s non-production environment

Note: Any items requiring support following acceptance of this work shoul d be logged through the Support Desk.

Price:

If there are material changes to the scope or our understanding of the scope, the price is subject to change.

Any additional scope will be charged at the NorthStar standard rate of $235/hour.

Price excludes any applicable taxes.

Payment Terms:

• This quotation will require a 100% deposit on signing, before any work will begin.

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6 • Invoices are payable upon receipt.

Termination:

If Fairfield and/or NorthStar exercises its right to terminate this quote due to material breach or default, or Fairfield and/or NorthStar terminates this quote without cause, the Master Service Agreement, signed in April 2023 will be referred to for the binding terms of termination.

Acceptance:

A signature below will serve as authorization to proceed with this quotati on.

Please sign and return this document to Andrea Evans at [email protected] .

□ Approval to Proceed

Please provide both an authorized signature for sign -off on this quotation, and a technical contact where we should be directing Technical Issues.

__________________________________________________ __________________ Print Name Signature Date
(Fairfield Authorized signature)

__________________________________________________ __________________ Name Email Phone Number
(Fairfield Accounts Payable Contact)

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7 SOW #2 of 4

Statement of Work:

NorthStar CIS Migration

City of Fairfield

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8 I NTRODUCTION

City of Fairfield, hereafter referred to as “Fairfield”, will be migrating the NorthStar CIS from the current environment to a new server. Fairfield will be updating the CIS to the most recent software release as part of the migration project. Fairfield will be engaging NorthStar Utilities Solutions, an unincorporated division of N. Harris Computer Corporation (“NorthStar”) to assist with the migration to a new environment .

The purpose of this document is to provide information on the scope of work and level of effort associated with NorthStar’s involvement with the NorthStar CIS migration.

Objective

This Statement of Work (SOW) defines the work to be performed by NorthStar, an unincorporated division of N. Harris Computer Corporation, for the NorthStar migration project. This SOW includes a high-level timeline, fees, and other terms and conditions specific to the services requested by Fairfield. Any additional requests for services that are not defined within this SOW will result in change orders with applicable fees.

Changes to this document shall be made through a change management process as described later in this SOW.

SERVICE DESCRIPTION

Areas within Scope
Migration Scope

All migration activities to be performed remotely, unless otherwise requested.

The scope of this statement of work is to migrate Fairfield’s NorthStar CIS from the current server to a new server. NorthStar will also be updating the CIS to the latest release level at the time of migration, CIS

6.6.X.

NorthStar applications to be ported to the new Fairfield environment include :
• NorthStar CIS
• mCare Legacy
• eDocs
• EIS
Supported Integrations:
• Paymentus
• Infosend
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9 Migration Approach

A NorthStar Project Manager (PM) will be the primary point of contact for Fairfield on the NorthStar CIS MO migration. The PM has the overall accountability to successfully deliver the services required for a successful migration and software update within agreed upon timeframe and budget . The project team will directly report to the PM and the PM will have the authority and support to manage the project team in the best interest of the project. The PM is also accountable for the following high -level project activities:

• Interface with Fairfield assigned PM.
• Conduct regular internal project meetings to ensure that all aspects of the project are understood by the team and that progress and risks are properly reported. • Conduct regular project meetings with Fairfield and provide regular status reports throughout the migration project.
• Review of project status, schedule, risks, resources as well as any other issues that may affect the success of the project.
• Coordinate resolution for any issues identified throughout the project.

NorthStar CIS Installation

• City of Fairfield will be responsible for backing up the NorthStar CIS database from the existing production server.
• NorthStar will responsible for the following:
a. Restore backup and configure database access to new NorthStar server. b. Install NorthStar CIS application on new server.
c. Update application and database to NorthStar maintenance release NorthStar CIS 6.6.X. d. Install NorthStar Navs and configure access to NorthStar mCARe TEST instances. e. Perform installation sanity testing prior to turning the system over to Fairfield for validation.
• Any installation will be according to the project assumptions made.

NorthStar CIS Data Refreshes

• NorthStar will perform two (2) data refreshes throughout the migration project. The initial data refresh will be included with the installation of NorthStar 6.6.X for UAT. The second data refresh will be performed upon Go LIVE cutover. Any requests for additional data refreshes will b e considered at an additional cost/schedule impact to the project.

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10 User Acceptance Testing

• Upon deployment and update of the NorthStar CIS into new environment, Fairfield will have twenty (20) business days for acceptance testing, during which time, issues reported within the twenty business days will be resolved at no charge provided they are part of the original scope of work. City Hall is closed on the f irst and third Friday of each month. The extension from 10 to 20 days will help better accommodate billing functions that occur throughout the month prior to go-live. Any statutory holidays, weekends and the two City Hall closure days in the month will not be counted as business days. At that time the Go LIVE will be scheduled on agreement from Fairfield.

• If a project delay is encountered due to external factors outside of NorthStar’s control, and User Acceptance Testing needs to extend beyond the twenty (20) business days window for UAT remediation testing NorthStar and Fairfield will analyze the results of this external factor on the project timeline to determine if there is a need for a change request to reflect a substantial change to the project plan, bud get, or timeline.

1.1.1 Go LIVE Cut Over Preparation

• NorthStar and Fairfield will develop a full checklist of all cut over activities including timing and responsibilities.

1.1.2 Go LIVE Cut Over

• Go LIVE cut over for Fairfield will be performed over a single weekend . As this work must be performed over a weekend an after-hours premium applies to this service. • Restore CIS database backup from production.
• Update the database to CIS 6.6.X.
• Redirect mCare, EIS and eDocs production server to new NorthStar CIS LIVE environ ment upon Go LIVE.
• Provide up to 8 hours of dedicated testing support to Fairfield during Go LIVE weekend.

Post LIVE

• Provide dedicated post LIVE support for ten business days after each Go LIVE cut over prior to transition back to NorthStar Support Services.

• Install the NorthStar CIS on the new non -production server. • Backup the NorthStar CIS database from the new production server.

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11 • Restore backup and configure database access to new non-production server. • Redirect NorthStar add ons non -production servers to new CIS new non-production server.

Fairfield Responsibilities

Following are the key responsibilities of Fairfield under this agreement:

• Ensure that underlying infrastructure for NorthStar is acquired and installed by the required time per agreed upon project plan (Note: Minimum specifications for servers and workstations should be discussed and agreed upon at commencement of the project.) • Install server(s) with appropriate network connectivity. • Install operating system and partition dis k space.
• Install database software.
• Configure back up and maintenance routines for new database. • Install Microsoft IIS.
• Configure peripheral devices (printers, scanners, cash drawers, etc.). • Install VPN connection.
• Test hardware components and environment.

Engagement Completion Criteria

The Engagement is deemed completed once the NorthStar add ons have been deployed to the Fairfield production environment for ten business days and that any Priority 1 items raised during that period have been re solved. NorthStar has the exclusive right to classify call types according to the definitions below.

Priority 2 – Medium Priority • System errors that have workarounds • Impact to business function is not critical:
• Performance issues not impacting critical processes
• Usability issues
• Workstation connectivity issues (Workstation specific) Priority 3 – Low Priority • Minimal or no impact to critical business function • Report formatting issues
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12 • Training questions, how to, or implementing new processes • Aesthetic issues
• Issues with workarounds for large majority of accounts • Recommendations for enhancements on system changes
• Questions on documentation

Areas Out of Scope

Anything in this section and not listed in the above “Areas within Scope” is considered out of scope for this SOW. Specific items that are currently out of scope of this engagement include:

• Migrating scheduled jobs or automated scheduled tasks.

ESTIMATED TIMELINE

The estimated duration of this engagement is approximately 3 months. This is a sample timeline.

Timeline Activities
Month 1 • Fairfield Environment Preparation
• Project Kick Off
• NorthStar CIS Installation & Configuration
• NorthStar Internal Sanity Testing
Month 2 • Fairfield Testing & Issues Remediation
Month 3 • Go LIVE Cut Over Preparation
• Go LIVE Cut Over
• Post LIVE Support
• Create CIS TEST Instance
• Transition to Support Services

There are a number of factors to be considered that will have an associated un planned increase in effort and will therefore impact the project schedule . These factors are typically not determined until project kick-off and will be a key input into the final Go LIVE date and m ay result in additional cost. NorthStar will notify Fairfield of any increase in effort and will provide Fairfield with a Change Order according to section on Change Management Process. These factors include:

• Data:
• Data clean-up (if required) by Fairfield.
• Amount of data – consideration needs to be given to the amount of historical data required and how long it will take to obtain the data.
• Peripherals:

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13 • If Fairfield has special print handling – paper source, special commands, this will create additional effort.
• An increase or replacement of equipment with the migration (i.e. cash drawer). • Project Resourcing:
• In the event that Fairfield staff is unable to be dedicated to the agreed-upon project plan, resulting in an extension of the timeline, NorthStar will evaluate the need for a Change Order for additional Project Management and dedicated support services to extend the project timeframe.

CHANGE MANAGEMENT PROCESS

NorthStar will maintain the SOW with formal documentation denoting agreed-upon changes. Fairfield and NorthStar may propose changes to this SOW addressing services falling outside the scope of services described in this SOW (“Change”). The Change Order form must be used for all change requests.

NorthStar shall have no obligation to commence work in connection with any change until the fee and schedule impact of the change is agreed upon in a written Change Order form signed by the designated representatives from both parties.

Upon ide ntifying the need for a change, NorthStar shall submit the change on our standard Change Order form describing the change, including the impact of the change on the schedule, fees and expenses.

Within five (5) consecutive business days of receipt of the change order form, Fairfield shall either indicate acceptance or rejection of the proposed change by signing the Change Order form or any other period of time mutually agreed to by the parties. If NorthStar is a dvised not to perform the change, then NorthStar shall proceed only with the original services. In the absence of Fairfield acceptance or rejection of the Change Order, NorthStar will not perform the proposed change.

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14 FEES & PAYMENT SCHEDULE – NORTHSTAR CIS MIGRATION

Fees

Fairfield NorthStar CIS Migration
Description
Professional Services:
- Project Management
- CIS Installation & Configuration
- CIS Update
- Migration Testing Support
- Go LIVE Cut Over
- Post LIVE Support
$67,390
5% Technology, Administration & Communication Fee $3,370

Project Total $70,760

Payment Schedule

Any mutually agreed upon change controls will be billed at the NorthStar standard hourly rate when incurred. An additional amount equal of 5% of the total fees billed has been included in the fee charged to cover technology, communication and administrativ e costs. Price excludes any applicable taxes.

The NorthStar fees for the scope of services described in this Statement of Work, including the 5% technology, communication and administrative fee, is $70,760 USD based on fixed price plus any travel and logistics (T&L) which may be required.

Services:

1. 50% due on contract signature

2. 15% due on based solution installed within Fairfield’s non-production environment

3. 20% due 20 business days from deployment to production environment

4. 10% due on Go LIVE

5. 5% due on Migration Project Acceptance
Invoices are payable upon 45 days of receipt.

SOW expires July 3, 2023.

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15 Travel and Living Expenses

The above -mentioned fees do not include any travel and per diem expenses incurred for on -site visits re quired for this engagement. Any travel dates will need to be coordinated with City staff for approval.

Any travel time will be billed at $75/hour. Fairfield shall also pay or reimburse travel expenses plus a per diem reasonably incurred in furtherance of NorthStar duties hereunder.

TERMINATION

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16 PROJECT ASSUMPTIONS – CIS MIGRATION

The services, fees and delivery sche dule for this engagement are based upon the following assumptions :

• Any items not explicitly identified within this document are considered out of scope. Any changes to those responsibilities and/or deliverables will be considered a change in scope for the engagement. Any proposed change to the engagement scope must be put into written format and be submitted to NorthStar during this engagement for review and consideration. • This engagement currently has, and will continue to have, the support of senior Fairfield management and will be assigned sufficient priority with respect to other projects to ensure its success.
• Fairfield will assign a Lead to act as an internal resource and guide throughout this engagement. • Fairfield’s Lead will be responsible for s ecuring the appropriate staff in a timely fashion in order to discuss or review the various materials produced when required. It is expected that the individuals involved will have experience in Fairfield’s day -to-day operations and will work closely with the NorthStar Consultants to resolve issues as required. The main purpose of this interaction is to provide a quick and consistent response to procedural issues. • Fairfield will provide access and support from the IT group and any other stakeholder, as deemed necessary by NorthStar throughout this engagement. • Fairfield agrees to facilitate any required corporate logistics for the fulfillment of this agreement.
• NorthStar will require local administrator rights or root access to the NorthStar servers throughout the migration project.
• All project activities to be performed remotely, unless otherwise requested. • Fairfield will provide the appropriate remote access to its network, facilities, and systems as may be required to perform activities from one o f NorthStar’s locations. NorthStar shall abide by all rules and directions of Fairfield when accessing Fairfield’s network, facilities or systems. • All documentation provided by Fairfield shall be up -to-date and accurate or if that is not the case, advise N orthStar as such.
• All hardware, software, and network components supplied by Fairfield are working properly and are free of defects and will meet minimum hardware standards provided during the engagement.
• The environment that has been installed, configured , and validated during the migration implementation will become the production environment at Go LIVE. In the event this production environment is required to be migrated to another server after the initial installation a Change Order may be applicable.
• Once the CIS installation and update has been completed and connectivity has been confirmed, NorthStar strongly recommends that the environment remains static for the duration of the project. Troubleshooting performance or NorthStar functionality issues, r esulting from environment changes, such as operating system updates and network modifications, is considered outside the scope of the migration project. Fairfield will be issued a project change Packet Page 92 of 418Attachment 2 Page 55 of 92

17 order for time incurred reviewing such issues. If at any poin t, it is confirmed that the issue is caused by NorthStar, all service charges will be waived. • All third-party software and hardware products are assumed to perform correctly in Fairfield environment, in accordance with the appropriate third -party vendor’s specifications. • To minimize project costs, majority of project work will be performed at one of the NorthStar’s locations except for project activities where face -to-face is deemed more effective. • Price does not include Fairfield approved travel and livin g expenses that may be required as part of the delivery of the engagement. (i.e. air fare, car rental, gas, per diem and hotel) NorthStar will work with Fairfield to identify most cost effective accommodations for Fairfield’s onsite activities that are mutually agreed upon.
• Price for this proposal is based upon Fairfield obtaining all hardware and associated operating/ database systems.
• All data provided will be complete and clean. It is the responsibility of Fairfield to clean data if deemed required due to the identification of inaccurate entries. • Fairfield resources will be available as required for acceptance testing. It is expected that the individuals identified will have experience in the day -to-day operations and will work closely with the NorthStar Consultant to resolve issues as required. The main purpose for this interaction is to provide a quick and consistent response to procedural issues so that the NorthStar Consultant is not required to contact a large number of Users. • Fairfield is responsible for preparing the underlining IT infrastructure (hardware installation, operating system, and network connectivity) and supply the required servers based on the minimum server specifications. This must be in -place per agreed upon project plan. • Fairfie ld is responsible to provide the non -production and production environments.

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18 DOCUMENT ACCEPTANCE AND SIGNOFF

Please return to Andrea Evans at [email protected]

Accepted on this day by:

City of Fairfield NorthStar Utilities Solutions

By: ____________________________ By: ______________________________

Name: ___________________________ Name: _____________________________

Title: ___________________________ Title: _____________________________

Date: ___________________________ Date: _____________________________

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19 SOW #3 of 4

Statement of Work:

SilverBlaze Implementation

City of Fairfield

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I NTRODUCTION

This Statement of Work (SOW) defines the work to be performed by NorthStar U tilities Solutions, hereafter referred to as “NorthStar”, an unincorporated division of N. Harris Computer Corporation, for Fairfield to implement the NorthStar’s SilverBlaze customer web portal platform. This SOW includes a high-level timeline, fees, and other terms and conditions specific to the services requested by Fairfield.

The purpose of this document is to provide information on the level of effort associated with the implementation.

Objective

The overall project objective is to provide Fairfield with a ‘customer presentment’ solution that will allow their customers to securely log in and view, monitor and manage their account information, interval data and historical billing and payments.

The high-level objectives of this project are to:
• Install, configure and implement core SilverBlaze solution defined in section 2. This solution will be installed on a Fairfield premise -based server.
• Deliver system training designed to develop user competency with the use and configuration of the SilverBlaze solution.

Changes to this document shall be made through a change management process as described later in this SOW.

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SERVICE DESCRIPTION

Areas within Scope
Implementation Scope

All activities to be performed remotely, unless otherwise requested.

NorthStar will deploy two instances of the SilverBlaze platform and applications in the Fairfield environment: one Test instance and one Production instance .

Spanish will be deployed as a second language within the Customer Portal and the Smart Forms.

SilverBlaze Mobile App will be deployed to Fairfield.

Supported Integrations

Integration to the Billing Data
To ensure that the customer is presented with their most up-to-date and historical billing information, SilverBlaze integrates directly to the NorthStar CIS for billing data. This integration is also completed through the use of web services and creates a logical separation from SilverBlaze and the NorthStar CIS to ensure that security concerns are considered and respected.

Integration with Bill Print Viewer
For this implementation it has been identified that Fairfield outsources bills to Infosend. As suc h, SilverBlaze will retrieve the PDF bills from Infosend for online presentment.

Integration with Online Payment Provider Partner
With one of our certified payment providers, the SilverBlaze online integration will assist Fairfield with being in a position to accept credit cards and electronic checks quickly and securely. Fairfield’s online payment processor is Paymentus. As such, SilverBlaze will interface with Paymentus to offer online payment transactions.

Project Management

A NorthStar Project Manager (PM) will be the primary point of contact for Fairfield on the SilverBlaze implementation. The PM has the overall accountability to successfully deliver the services required for a successful SilverBlaze implementation within the agreed up on timeframe and budget. The project team will directly report to the PM and the PM will have the authority and support to manage the project team in the best interest of the project. The PM is also accountable for the following high -level project activities:

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• Conduct regular project meetings with Fairfield.
• Review of project status, schedule, risks, resources as well as any other issues that may affect the success the project.

SilverBlaze Installation & Configuration

• Fairfield will be provided with a SilverBlaze Deployment and Configuration checklist as part of the project kick-off which is required to be completed by Fairfield in full prior to the installation of SilverBlaze.

• Fairfield will need to have the latest re lease of the NorthStar CIS deployed to production and non- production as part of the SilverBlaze installation.

• Fairfield will have 10 business days to complete and return the Deployment and Configuration checklist. In the event that Fairfield needs to exte nd completion of the Deployment and Configuration checklist beyond the ten (10) business day window NorthStar will provide a change order for the extended period.

• Fairfield will be required to refresh the NorthStar CIS non -production database prior to the commencement of the SilverBlaze implementation. Should Fairfield require any subsequent data refreshes of the NorthStar non -production system throughout SilverBlaze testing they will need to coordinate the refresh with NorthStar to ensure none of the SilverBlaze configuration work is overwritten in error. If a refresh occurs without NorthStar’s prior knowledge and set ups need to be restored a change order will be issued for the additional effort to do so.

• This implementation of the SilverBlaze web portal includes the configuration of five (5) forms; o Request to start service
o Request to stop service
o Request to transfer service
o Request to update account information
o Request to set payment arrangements

• The environment that has been installed, configured, and validated during the implementation will become the production environment at Go LIVE. In the event this production environment is required to be migrated to another server afte r the initial installation and prior to Go LIVE a Change Order may be applicable.

• The SilverBlaze environment that is used throughout the implementation will be installed in the DMZ and be available publicly.

SilverBlaze Implementation and Training

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SilverBlaze Overview Session:
• The SilverBlaze Overview session is held with the core project team at the beginning of the project kick-off phase. As part of the session NorthStar will provide a walk -through of the basic functionality to assist with understanding the SilverBlaze solutio n and to guide the completion of the Deployment and Configuration checklist.

SilverBlaze UAT Preparation Session:
• The SilverBlaze UAT prep session will be held after NorthStar has completed the configuration and testing of the SilverBlaze application. Th e objective of the prep session is to reveal the configuration of SilverBlaze NorthStar produced based on the Configuration Workbook provided by Fairfield. Additionally, this session will introduce Fairfield to the documentation and tools used for UAT, allow for questions to be asked, and be a precursor to UAT’s completion and acceptance sign-off by Fairfield

SilverBlaze Administrator Training Session:
• SilverBlaze Administrator training will introduce Fairfield to features and functions available to the SilverBlaze Administrator account. This session is held with those users who will be responsible for:
o Administration of users
o Maintaining / updating content on the SilverBlaze portal SilverBlaze User Acceptance Testing (UAT)

• NorthStar will provide a standardized test plan that will be adjusted to reflect the Utility’s current service offerings, but this will not reflect the Utility’s specific processes and business rules. Upon completion of testing Fairfield will submit a signed copy of the UAT plan confirming all areas of SilverBlaze have been successfully reviewed as a prerequisite for NorthStar to schedule the Go LIVE activities.

• Upon completion of the Core Team configuration of SilverBlaze within the NorthStar TEST, Fairfield will have two (2) weeks to complete the initial round of User Acceptance Testing.

During that two-week period NorthStar will work with Fairfield to remediate all priority 1 issues.

Fairfield will then have one (1) week of final Pre -Go LIVE testing prior to scheduling Go LIVE.

• If a project delay is encountered due to external factors outside of NorthStar’s control, and User Acceptance Testing needs to extend beyond the initial two-week and subsequent one -week windows for UAT remediation testing NorthStar and Fairfield will analyze the results of this external factor on the project timeline to determine if there is a need for a change request to reflect a substantial change to the project plan, budget, or timeline.

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Go LIVE Cut Over

• Upon UAT sign off, in preparation for Go LIVE, the SilverBlaze environment will be frozen and no further updates or changes will be made to the system.
• Point SilverBlaze to production end points, database(s) and integrations. • Perform sanity testing of production environment before releasing the po rtal to Fairfield’s end customers.

Post Go LIVE
• Create SilverBlaze non -production instance.
• Provide dedicated remote support with NorthStar Application and Technical Consultants for ten (10) business days Post LIVE before transitioning Fairfield back to No rthStar Support Services.

Customer Authentication
As part of the transition from a third -party web portal to SilverBlaze solution, end consumer users who are already registered with the current portal will be required to authenticate themselves and create new credentials for SilverBlaze. User credentials from the third -party portal will not be migrated to SilverBlaze.

Fairfield Responsibilities

Following are the key responsibilities of Fairfield under this agreement:

• Purchasing MS-SQL license – if required.
• Purchasing an SSL certificate from a Certificate Authority (EX: Network Solutions). The SSL certificate must have no interim certificates.
• Ensuring NorthStar has direct, dedicated remote technical connection capabilities with administration access to any server that the NorthStar applications reside on for the duration of the SilverBlaze project
• Ensuring that underlying infrastructure for SilverBlaze is acquired and installed by the required time per agreed upon project plan (Note: minimum specifications for servers and workstations should be discussed and agreed upon at commencement of project)
• Installing server with appropriate network conne ctivity • Installing operating system and partitioning disk space • Installing database software
• Creating users at the operating system level
• Installing VPN connection
• Configuring back up and maintenance routines for new database • Testing hardware components an d environment
• Conducting SilverBlaze Acceptance testing
• Leading Go LIVE activities
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• Timely completion of the SilverBlaze Configuration and Customization checklist Engagement Completion Criteria

The Engagement is deemed completed once the SilverBlaze applic ation has been deployed to the live environment for ten business days and that any Priority 1 items raised during that period have been resolved. NorthStar has the exclusive right to classify call types according to the definitions below.

Call Type Definition
Priority 1 – Urgent or High Priority • System Down (Software Application, Hardware, Operating System, Database) • Impacts Critical Business Function without a workaround • Performance issues of severe nature impacting critical processes. • Response within 4 business hours
Priority 2 – Medium Priority • System errors that have workarounds • Impact to business function is not critical:
• Performance issues not impacting critical processes
• Usability issues
• Workstation connectivity issues (Workstation specific) • Response within 8 business hours
Priority 3 – Low Priority • Minimal or no impact to critical business function • Report formatting issues
• Training questions, how to, or implementing new processes • Aesthetic issues
• Issues with workarounds for large majority of accounts • Recommendations for enhancements on system changes
• Questions on documentation
• Response within 24 hours

Areas Out of Scope

Anything in this section and not listed in the above “Areas within Scope” is considered out of scope for this SOW. Specific items that are currently out of scope of this engagement include:
• Auto pay (PAP) data migration
• Auto-reconnect functionality
• Migrating User credentials to SilverBlaze.
• Database maintenance and backups (as part of the SilverBlaze implementation , the SilverBlaze team will work with the customer to ensure that they understand what the requirements are for backup and frequency of backups)
• Refresh of NorthStar non -production database
• Go LIVE cutover taking place during non-regular business hours. If the customer requires a Go LIVE on a weekend or weekday evening outside of business hours, a change order for the overtime work may be required.
• Training of Fairfield’s end user customers.

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ESTIMATED TIMELINE

The estimated duration of this engagement is approximately 14 weeks. The possibility and feasibility of a reduced duration will be evaluated during the Customer Preparation phase as it will depend on availability of resources and involvement of Fairfield Team members . Adherence to the project plan and timeline is critical. NorthStar will prepare a formal project plan and timeline . Fairfield will review, provide comments on, and provide NorthStar with approval of the project plan and timeline.

Timeline Phase Activities
Week 1 • Project Kick Off
• Customer Preparation
Week 2 • Completion of the Deployment and Configuration checklist by Fairfield Week 3 • SilverBlaze Installation
Week 4 • Payment Provider Installation & Configuration of non -Production Environment Week 5 • Payment Provider Installation & Configuration of non-Production Environment Week 6 • SilverBlaze Product Review with Core Team
• SilverBlaze Configuration
Week 7 • SilverBlaze Administrator Training
• User Acceptance Testing & Issues Remediation
Week 8 • User Acceptance Testing & Issues Remediation
Week 9 • Final User Acceptance Testing & Issues Remediation • User Acceptance Testing Sign Off Delivered
Week 10 • Payment Provider Installation & Configuratio n of Production Environment Week 11 • Payment Provider Installation & Configuration of Production Environment Week 12
• Pre- Go LIVE Configuration & Testing
Week 13 • Go LIVE
• Post Go LIVE Support
• Create SilverBlaze TEST Instance
Week 14 • Post Go LIVE Support
• Transition to Support Services

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kick-off and will be a key input into the final Go LIVE date and may result in additional cost. NorthStar will notify Fairfield of any increase in effort and will provide Fairfield with a Change Order according to the section on Change Management Process. Thes e factors include:

• Project Resourcing:
• In the event that Fairfield staff is unable to be dedicated to the agreed-upon project plan, resulting in an extension of the timeline, NorthStar will evaluate the need for a Change Order for additional Project Manag ement and dedicated support services to extend the project timeframe.

CHANGE MANAGEMENT PROCESS

Upon identifying the need for a change, NorthStar shall submit the change on our standard Change Order form describing the change, including the impact of the change on the schedule, fees and expenses.

Within five (5) consecutive business days of receipt of the change or der form, Customer shall either indicate acceptance or rejection of the proposed change by signing the Change Order form or any other period of time mutually agreed to by the parties. If NorthStar is advised not to perform the change, then NorthStar shall proceed only with the original services. In the absence of Customer acceptance or rejection of the Change Order, NorthStar will not perform the proposed change.

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FEES & PAYMENT SCHEDULE

Fees

SilverBlaze Implementation
License

Unit Cost

Quantity

Total

Maintenance
SilverBlaze Base Portal License $35,000 1 $35,000 $1,900 SilverBlaze Base Portal License
Discount $35,000 1 ($35,000) -
SilverBlaze Portal Add -ons License
- Mobile App
- Forms
$21,000
1 $21,000 -
License Total $21,000 $1,900
Professional Services
- Project Management
- Installation & Configuration
- Acceptance Testing Support
- Go LIVE Cut Over
- Post LIVE Support

$126,600

Integration with NorthStar CIS

Included

N/C

Integration with Third Parties
- Paymentus
- Infosend
Included

N/C

Technology, Communication,
Administration
$6,330
Services Total $132,930

Project Total $153,930 $1,900*
*Maintenance fee listed is in addition to current recurring maintenance fees. This fee will be the uplift and additional annual charge from previous Fairfield portal maintenance costs .

Payment Schedule

Any mutually agreed upon change controls will be billed at the standard NorthStar hourly rate when incurred. Price excludes any applicable taxes.

The NorthStar fees for the scope of services described in this Statement of Work, including the technology, communication and administrative fee, is $153,930 USD based on fixed price plus any travel and logistics (T&L) which may be required.

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Any additional scope will be charged at the NorthStar standard hourly rate of $235.

Professional Services
• 50% on SOW signing
• 20% on installation of SilverBlaze software in the customer environment on a non -production or production server.
• 20% on move to production environment
• 10% 30 days post go-live
License
100% on SOW signing
Maintenance
• Maintenance fees are initially payable on installation to a non -production environment and annually thereafter. NorthStar will prorate the maintenance based on Fairfield’s maintenance renewal term.
• Invoices are payable upon receipt.

Travel and Living Expenses

The above -mentioned fees do not include any travel and per diem expenses incurred for on -site visits re quired for this engagement.

Any travel time will be billed at $75/hour. Fairfield shall also pay or reimburse travel expenses plus a per diem reasonably incurred in fu rtherance of NorthStar duties hereunder.

TERMINATION

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PROJECT ASSUMPTIONS

The Services, fees and delivery schedule for this engagement are based upon the following assumptions :
• Any items not explicitly identified within this document are considere d out of scope. Any changes to those responsibilities and/or deliverables will be considered a change in scope for the engagement.

Any proposed change to the engagement scope must be put into written format and be submitted to NorthStar during this engage ment for review and consideration. • This engagement currently has, and will continue to have, the support of senior Fairfield management and will be assigned sufficient priority with respect to other project to ensure its success. • Fairfield will assign a le ad to act as an internal resource and guide throughout this engagement. • Fairfield will secure the appropriate staff in a timely fashion in order to discuss or review the various materials produced when required.
• Fairfield will provide access and support from the IT group and any other stakeholder, as deemed necessary by NorthStar throughout this engagement.
• Fairfield agrees to facilitate any required Fairfield Corporate logistics for the fulfillment of this agreement.
• Fairfield will secure, as required and in a timely fashion, the assistance and cooperation of third party vendors (e.g. CIS, AMI, Payment, Bill View) to ensure a successful SilverBlaze implementation. A change control may be created if the third party vendor is unavailable or non -cooperative and as such results in an impact to the schedule or effort.
• Third party vendor solutions are able to provide information required by the SilverBlaze as well as accept information provided by the SilverBlaze.
• All documentation provided by Fairfield shall be up-to-date and accurate or if that is not the case, advise NorthStar as such.
• All hardware, software, and network components supplied by Fairfield are working properly and are free of defects and will meet minimum hardware standards provided during the engagement. • To minimize project costs, project work will be performed at one of the NorthStar’s locations except for project activities where face -to-face is deemed more effective. • Fairfield will provide the appropriate remote access to its network, facilities, and systems as may be required to perform activities from one of NorthStar’s locations. NorthStar shall abide by all rules and directions of Fairfield when accessing the Custo mer’s network, facilities or systems. • Price does not include Fairfield approved travel and living expenses that may be required as part of the delivery of the engagement unless specified in the contract (i.e. air, car rental, gas, per diem and hotel). NorthStar will work with Fairfield to identify most cost-effective accommodations for Fairfield on-site activities that are mutually agreed upon.
• Fairfield resources will be available as required for Acceptance Testing. It is expected that the individuals identified will have experience in the day -to-day operations and will work closely with the NorthStar Consultant to resolve issues as required. The main purpose for this interaction is to provide a quick and consistent response to procedural issues so that the NorthStar Consultant is not required to contact a large number of Users.

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• SilverBlaze has dependencies on NorthStar CIS database and code libraries being up -to- date. Fairfield’s non-production environment will be patched up to the latest Maintenance Releas e prior to deployment of SilverBlaze . Note; SilverBlaze testing phase may need to be extended based on the number of NorthStar CIS update patches required to properly update the non-production environment to the NorthStar recommended release state.

• Once the initial installation of NorthStar has been completed and connectivity has been confirmed, NorthStar strongly recommends that the environment remains static for the duration of the project.

Troubleshooting performance or NorthStar functionality issues , resulting from environment changes, such as operating system updates and network modifications, is considered outside the scope of the migration project. Fairfield will be issued a project change order for time incurred reviewing such issues. If at any p oint, it is confirmed that the issue is caused by NorthStar, all service charges will be waived.

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DOCUMENT ACCEPTANCE AND SIGNOFF

Accepted on this day by:

City of Fairfield NorthStar Utilities Solutions

By: ____________________________ By: ______________________________

Name: ___________________________ Name: _____________________________

Title: ___________________________ Title: _____________________________

Date: ___________________________ Date: _____________________________

Please sign and return this document by email to Andrea Evans at [email protected]

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SOW #4 of 4

Statement of Work:
mCare 6 Implementation

City of Fairfield

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I NTRODUCTION

This Statement of Work (SOW) defines the work to be performed by NorthStar Utilities Solutions, hereafter referred to as “NorthStar”, an unincorporated division of N. Harris Computer Corporation, for the City of Fairfield, hereafter referred to as “Fairfield”, to implement the NorthStar’s mCare 6 platform.

This SOW includes a high-level timeline, fees, and other terms and conditions specific to the services requested by Fairfield.

Fairfield has participated in an mCare Feature Comparison session with NorthStar. The purpose of this review is to evaluate the new features available in the new mCare 6 along with those features in mCare 1 which have not been ported over to the new solution. As per the attached document Fairfield has signed off on the assessment of th e new solution.

The purpose of this document is to provide the level of effort associated with the implementation .

Objective

The overall project objective is to provide Fairfield with a ‘workforce management’ solution that will address daily operations challenges and provides measurable benefits for in -field staff around performance, safety and job satisfaction.

The high-level objectives of this project are to:
• Install, configure and implement core mCare 6 solution defined in section 2. This solution will be installed on the Fairfield premise based server.
• Deliver system training designed to develop user competency with the use and configuration of the mCare 6 solution.

Changes to this document shall be made through a change management process as described later in this SOW.

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SERVICE DESCRIPTION

Areas within Scope
Implementation Scope

All activities to be performed remotely, unless otherwise stated.

NorthStar will deploy two instances of the mCare platform and applications on Fairfield environment: one Test instance and one Production instance .

Project Management

A NorthStar Project Manager (PM) will be the primary point of contact for Fairfield on the mCare 6 implementation. The PM has the overall accountab ility to successfully deliver the services required for a successful mCare 6 implementation within agreed upon timeframe and budget. The project team will directly report to the PM and the PM will have the authority and support to manage the project team i n the best interest of the project. The PM is also accountable for the following high -level project activities:

• Interface with Fairfield assigned PM.
• Conduct regular internal project meetings to ensure that all aspects of the project are understood by the team and that progress and risks are properly reported. • Conduct regular project meetings with Fairfield.
• Review of project status, schedule, risks, resources as well as any other issues that may affect the success of the project.
mCare Installation & Configuration

• Fairfield IT will be responsible for obtaining and installing the necessary applications detailed in Appendix A – Hardware Requirements prior to the installation of mCare 6 prior to the kick -off of the mCare 6 project.

• mCare 6 has dependencies on the NorthStar CIS database and code libraries being up -to-date.

Fairfield’s production environment will need to be patched up to the latest CIS maintenance release prior to the commencement of the mCare 6 project.

Discovery Session

• A NorthStar Consultant will conduct a discovery session with Fairfield as it relates to their use of the NorthStar CIS in relation to mCare today; ex: Service Orders, etc. This session will also include a product overview of mCare 6.

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mCare Training

Onsite End User Training; 4 days onsite

mCare Administrator Training Session:

• mCare Administrator training is held with those users who will be responsible for maintaining the application post Go LIVE. This session will be a combination of hands-on configuration and process training. The NorthStar Consultant will show administrators how to manage users, roles and permissions and will familiarize them with those elements of the mCare application that they have the ability to update and/or add content to. An example of administrator training is installing and configuring the mCare Fie ld App.
mCare Dispatch Training Session

• The mCare Dispatch training session will introduce those who will be responsible for assigning work to Field Service Representatives. As part of the session we provide a walk -through of the basic functionality to assist with understanding the mCare solution and features to managing service orders and requests.
mCare Office Training Session

• The mCare Office training session will introduce those who will be responsible for reviewing and approving field completed wo rk by FSRs. As part of the session we provide a walk -through of the basic functionality to assist with understanding the mCare solution and features to managing service orders and requests.
mCare Field Service Representative Training Session

• The mCare FSR training session will introduce those who will be responsible for carrying out work in the field to mCare features for mobile devices. mCare 6 User Acceptance Testing (UAT)

• NorthStar will provide Fairfield UAT test plan and the mCare 6 User Guide for User Acceptance testing. Upon completion of testing Fairfield will submit a signed copy of the UAT test plan confirming all areas of mCare 6 have been successfully reviewed as a prerequisite for NorthStar to schedule the Go LIVE activities.

• Fairfield will have two weeks to complete the initial round of User Acceptance Testing. During that two week period NorthStar will work with Fairfield to remediate all priority 1 issues.

Fairfield will then have one week of final Acceptance testing prior to scheduling Go LIVE.

• If a project delay is encountered due to external factors outside of NorthStar’s control, and User Acceptance Testing needs to extend beyond the initial two week and sub sequent one week Packet Page 112 of 418Attachment 2 Page 75 of 92

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windows for UAT remediation testing NorthStar and Fairfield will analyze the results of this external factor on the project timeline to determine if there is a need for a change request to reflect a substantial change to the project plan, budget, or timeline.

Go LIVE and Go LIVE Support

• NorthStar will deploy mCare 6 to production; including clearing the mCare database and repointing to NorthStar production database .

• NorthStar will create a copy of the mCare 6 instance which will become mC are TEST.

• NorthStar will provided dedicated support for ten (10) business days post Go LIVE before transitioning to NorthStar Support Services.

Fairfield Responsibilities

Following are the key responsibilities of Fairfield under this agreement:

• Purchasing MS-SQL license – if required.
• Mobile devices ready to run mCare Field App.
• Installing and configuring mCare Field App
• Ensuring NorthStar has direct, dedicated remote technical connection capabilities with administration access to any server that the NorthStar applications reside on for the duration of the mCare 6 project
• Ensuring that underlying infrastructure for mCare is acquired and installed by the required time per agreed upon project plan (Note: minimum specifications for servers and workstatio ns should be discussed and agreed upon at commencement of project)
• Installing server with appropriate network connectivity • Installing operating system and partitioning disk space • Installing database software
• Creating users at the operating system level
• Installing VPN connection
• Configuring back up and maintenance routines for new database • Testing hardware components and environment
• Conducting mCare Acceptance testing
• Leading Go LIVE activities
• Timely completion of the mCare Configuration checklist Engagement Completion Criteria

The Engagement is deemed completed once mCare 6 has been deployed to the live environment for ten business days and that any Priority 1 items raised during that period have been resolved. NorthStar has the exclusive right to classify call types according the definitions below.

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Areas Out of Scope

Anything in this section and not listed in the above “Areas within Scope” is considered out of scope for this SOW. Specific items that are currently out of scope of this engagement include:

• Single Sign-on Authentication with mCare 6 and CIS
• Integration with a GIS system.
• Supporting third party workforce and service order integration • Any customizations made to mCare 1 that are not part of current functionality within mCare 6. • Any standard mCare 1 functionality that is not part of current functionality within mCare 6. • Database maintenance and backups (As part of the mCare 6 implementation, the NorthStar team will work with the customer to ensure that they understand what the requirements are for backup and frequency of backups)
• Go LIVE cutover taking place during non-regular business hours. If the customer requires a Go LIVE on a weekend or weekday evening outside of business hours, a change order for the overtime work may be required.
• Training of Fairfield’s customers.

ESTIMATED TIMELINE

The estimated duration of this engagement is approximately seven (7) weeks. The possibility and feasibility of a reduced duration will be evaluated during the Customer Preparation phase as it will depend on availability of resources and involvement of Fairfield Team members. Adherence to the project plan Packet Page 114 of 418Attachment 2 Page 77 of 92

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and timeline is critical. NorthStar will prepare a formal project plan and timeline. Fairfield will review, provide comments on, and provide NorthStar with approval of the project plan and timeline.

Timeline Phase Activities
Week 1 • Project Kick Off
• Customer Preparation
Week 2 • mCare 6 Installation
• mCare Functional Review
Week 3 • mCare Configuration & Training Onsite
Week 4 • User Acceptance Testing & Issues Remediation
Week 5 • User Acceptance Testing & Issues Remediation
Week 6 • Go LIVE
• Post Go LIVE Support
Week 7 • Post Go LIVE Support
• Transition to Support Services

There are a number of factors to be considered that will have an associated unplanned increase in effort and will therefore impact the project schedule . These factors are typically not determined until project kick-off and will be a key input into the final Go LIVE date and may result in additional cost. NorthStar will notify Fairfield of any increase in effort and will provide Fairfield with a Change Order according to the section on Change Management P rocess. These factors include:

• Project Resourcing:
• In the event that Fairfield staff is unable to be dedicated to the agreed-upon project plan, resulting in an extension of the timeline, NorthStar will evaluate the need for a Change Order for additional Project Management and dedicated support services to extend the project timeframe.

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CHANGE MANAGEMENT PROCESS

Upon identifying the need for a change, NorthStar shall submit the change on our standard Change Order form describing the change, including the impact of the change on the schedule, fees and expenses.

Within five (5) consecutive business days of receipt of the change order form, Customer shall either indicate acceptance or rejection of the proposed change by signing the Change Order form or any other period of time mutually agreed to by the parties. If NorthStar is ad vised not to perform the change, then NorthStar shall proceed only with the original services. In the absence of Customer acceptance or rejection of the Change Order, NorthStar will not perform the proposed change.

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FEES & PAYMENT SCHEDULE

Fees

mCare 6 Implementation Fees
Services Total
Professional Services
- Project Management
- Installation & Configuration
- Training $34,500
- Acceptance Testing
- Go LIVE Cut Over
- Post LIVE Support
Technology, Communication, Administration (5%) $1,725
Project Total $36,225

In addition to the fees above, travel expenses will be incurred by NorthStar. Fairfield is required to reimburse the travel costs. The anticipated travel costs are likely to be $4,000 to $6,000 USD.

Payment Schedule

Any mutually agreed upon change controls will be billed at the standard NorthStar hourly rate of $235 or the rate at the time when incurred. Price excludes any applicable taxes.

The NorthStar fees for the scope of services described in this Statement of Work, including the technology, communication and administrative fee , is $36,225 USD based on fixed price plus any travel and logistics (T&L) which may be required.

Professional Services
• 50% on SOW signing
• 20% on installation of mCare 6 software in the customer environment on a non -production or production server.
• 20% on move to production environment
• 10% 10 business days post go -live
Invoices are payable upon receipt.

Travel and Living Expenses

The above -mentioned fees do not include any travel and per diem expenses incurred for on -site visits re quired for this engagement. mCare 6 Training will require travel and the expenses incurred are to be reimbursed by Fairfield.

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Any travel time will be billed at $75/hour. Fairfield shall also pay or reimburse travel expenses plus a per diem reasonably incurred in furtherance of NorthStar duties hereunder.

TERMINATION

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PROJECT ASSUMPTIONS

The Services, fees and delivery schedule for this engagement are based upon the following assumptions :
• Any items not explicitly identified within this document are considered out of scope. Any changes to those responsibilities and/or deliverables will be c onsidered a change in scope for the engagement.

Any proposed change to the engagement scope must be put into written format and be submitted to NorthStar during this engagement for review and consideration. • This engagement currently has, and will continue to have, the support of senior Fairfield management and will be assigned sufficient priority with respect to other project to ensure its success. • Fairfield will assign a lead to act as an internal resource and guide throughout this engagement. • Fairfield will secure the appropriate staff in a timely fashion in order to discuss or review the various materials produced when required.
• Fairfield will provide access and support from the IT group and any other stakeholder, as deemed necessary by NorthStar throughout this engagement.
• Fairfield agrees to facilitate any required Fairfield Corporate logistics for the fulfillment of this agreement.
• Fairfield will secure, as required and in a timely fashion, the assistance and cooperation of third party vendors (e.g. CIS, AMI, Payment, Bill View) to ensure a successful mCare 6 implementation. A change control may be created if the third party vendor is unavailable or non -cooperative and as such results in an impact to the schedule or effort.
• Third party vendor solutions are able to provide information required by the mCare 6 as well as accept information provided by the mCare 6.
• All documentation provided by Fairfield shall be up-to-date and accurate or if that is not the case, advise NorthStar as such.
• All hardware, software, and network components supplied by Fairfield are working properly and are free of defects and will meet minimum hardware standards provided during the engagement. • To minimize project costs, the majority of project work will be performed at one of the NorthStar’s locations except for project activities where face -to-face is deemed more effective. • Fairfield will provide the appropriate remote access to its network, facilities, and systems as may be required to perform activities from one o f NorthStar’s locations. NorthStar shall abide by all rules and directions of Fairfield when accessing the Customer’s network, facilities or systems. • The environment that has been installed, configured, and validated during the mCare 6 implementation will become the production environment at Go LIVE. • Once the initial installation of mCare 6 has been completed and connectivity has been confirmed, NorthStar strongly recommends that the environment remains static for the duration of the project.

Troubleshooting performance or mCare 6 functionality issues, resulting from environment changes, such as operating system updates and network modifications, is considered outside the scope of the mCare 6 project. Fairfield will be issued a project change order for time incur red reviewing such issues. If at any point, it is confirmed that the issue is caused by NorthStar, all service charges will be waived.

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Fairfield City CouncilMay 16, 2023

Fairfield City Council
May 16, 2023