Agenda — Fairfield City Council, June 20, 2023 (part 1 of 5)

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 Worship Pastor Anne Choy, Community United Methodist Church PLEDGE OF ALLEGIANCE
COUNCIL REPORTS
CITY MANAGER REPORT
CITY ATTORNEY REPORT
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PRESENTATIONS

1.Recognition of the 2023 Water Awareness Video Contest 1st Place Winner Contact:Nigel Browne, (707) 4287480
a

2.Fairfield Police Department’s Recognition of Kimberly Fu for 24 Years of Service to Our Community
Contact:Dan Marshall, (707) 4287374
a

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

CONVENE JOINT MEETING OF THE CITY COUNCIL AND 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.

JOINT PUBLIC HEARING CITY COUNCIL AND HOUSING AUTHORITY

4.Joint Public Hearing of the City Council of the City of Fairfield and Housing Authority Adopting Resolutions 2023149 Through 2023154 and HA202304 Approving the Fiscal Year 202324 and 202425 Budget and Financial Plan
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.

5.Approval of Meeting Minutes from May 2023
Recommended Action
Approve the meeting minutes.

Funding Source
Packet Page 2 of 977

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

6.Resolution 2023155 of the City Council of the City of Fairfield Authorizing Execution of the Improvement Agreement between the City of Fairfield and Albert D. Seeno Construction Company for the Red Top Road Widening Improvements
Recommended Action
Adopt resolution.

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

7.Resolution 2023156 of the City Council of the City of Fairfield Accepting the North Texas Street Water Main Replacement and Overlay East Travis Boulevard to Air Base Parkway Project as Complete
Recommended Action
Adopt resolution.

Funding Source
N/A
Contact:Roger Dunham, (707) 4287478
a

8.Resolution 2023157 of the City Council of the City of Fairfield Incorporating a List of Projects Funded by Senate Bill 1: The Road Repair and Accountability Act of 2017 for Fiscal Year 2023 2024
Recommended Action
Adopt resolution.

Funding Source
N/A
Contact:David Vong, (707) 4287784
a

9.Resolution 2023158 of the City Council of the City of Fairfield Suspending Competitive Bidding and Authorizing a Contract with Landscape Structures for the Purchase of a New Play Structure at Allan Witt Community Park – Phase 3 All Inclusive Playground; and Resolution 2023159 of the City Council of the City of Fairfield Suspending Competitive Bidding and Authorizing a Contract with Public Restroom Company for the Purchase of a New Restroom Structure at Allan Witt Community Park – Phase 3 All Inclusive Playground Recommended Action
Adopt resolutions.

Funding Source
$901,042; Parks Capital Fund
Contact:Caroline Vedder, (707) 4287484
a

10.Resolution 2023160 of the City Council of the City of Fairfield Suspending Competitive Bidding and Authorizing the City Manager to Purchase One Portable Genset with Electric Vehicle (EV) Charger for FAST Battery Electric Buses and Authorizing an Update to the Fiscal Year 2023 2024 Budget
Recommended Action
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Funding Source
$1,298,732; Public Works Transit Fund
Contact:David Renschler, (707) 4287414
a

11.Resolution 2023161 of the City Council of the City of Fairfield Approving and Authorizing the Execution of the Grazing License between the City of Fairfield and Leland F. Hazeltine for the Grazing of Approximately 1,285 Acres in Rockville Hills Regional Park and the Rolling Hills and Serpas Ranch Open Spaces
Recommended Action
Adopt resolution.

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

12.Resolution 2023162 of the City Council of the City of Fairfield Approving a FiveYear Joint Use Agreement Between FairfieldSuisun Unified School District and City of Fairfield Recommended Action
Adopt resolution.

Funding Source
N/A
Contact:Stacy Phillips, (707) 4287719
a

13.Resolution 2023163 of the City Council of the City of Fairfield Approving the Final Map and Authorizing Execution of the Subdivision Improvement Agreement for the Canon Station Planning Area 5 – Neighborhood O Subdivision
Recommended Action
Adopt resolution.

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

14.Resolution 2023164 of the City Council of the City of Fairfield Authorizing the City Manager to Execute a FiveYear Software Agreement with Flock Safety for License Plate Reading Products Recommended Action
Adopt resolution.

Funding Source
$592,040; General Fund
Contact:Dan Marshall, (707) 4287374
a

15.Resolution 2023165 of the City Council of the City of Fairfield Approving an Amendment to Resolution 99302 Revising the Fairfield Golf Advisory Board Recommended Action
Adopt resolution.

Funding Source
N/A
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CITY OF FAIRFIELDFAIRFIELD CITY COUNCILREGULAR CONCURRENT MEETINGTUESDAY, JUNE 20, 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 Worship Pastor Anne Choy, Community United Methodist ChurchPLEDGE OF ALLEGIANCECOUNCIL REPORTSCITY MANAGER REPORTCITY ATTORNEY REPORTCITY CLERK REPORTPRESENTATIONS1.Recognition of the 2023 Water Awareness Video Contest 1st Place WinnerContact:Nigel Browne, (707) 4287480a2.Fairfield Police Department’s Recognition of Kimberly Fu for 24 Years of Service to OurCommunityContact:Dan Marshall, (707) 4287374a3.Proclamation Declaring Juneteenth National Independence Day Presented by Vice Mayor PamBertaniContact: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 JOINT MEETING OF THE CITY COUNCIL AND 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.JOINT PUBLIC HEARING CITY COUNCIL AND HOUSING AUTHORITY4.Joint Public Hearing of the City Council of the City of Fairfield and Housing Authority AdoptingResolutions 2023149 Through 2023154 and HA202304 Approving the Fiscal Year 202324and 202425 Budget and Financial PlanRECONVENE 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.5.Approval of Meeting Minutes from May 2023Recommended ActionApprove the meeting minutes.Funding SourceN/AContact:Esther Beavers, (707) 4287402a6.Resolution 2023155 of the City Council of the City of Fairfield Authorizing Execution of theImprovement Agreement between the City of Fairfield and Albert D. Seeno ConstructionCompany for the Red Top Road Widening ImprovementsRecommended ActionAdopt resolution.Funding SourceN/AContact:Alvin Lei, (707) 4287476a7.Resolution 2023156 of the City Council of the City of Fairfield Accepting the North Texas StreetWater Main Replacement and Overlay East Travis Boulevard to Air Base Parkway Project asCompleteRecommended ActionAdopt resolution.Funding SourceN/AContact:Roger Dunham, (707) 4287478a8.Resolution 2023157 of the City Council of the City of Fairfield Incorporating a List of ProjectsFunded by Senate Bill 1: The Road Repair and Accountability Act of 2017 for Fiscal Year 20232024Recommended ActionAdopt resolution.Funding SourceN/AContact:David Vong, (707) 4287784a9.Resolution 2023158 of the City Council of the City of Fairfield Suspending Competitive Biddingand Authorizing a Contract with Landscape Structures for the Purchase of a New Play Structureat Allan Witt Community Park – Phase 3 All Inclusive Playground; andResolution 2023159 of the City Council of the City of Fairfield Suspending Competitive Biddingand Authorizing a Contract with Public Restroom Company for the Purchase of a New RestroomStructure at Allan Witt Community Park – Phase 3 All Inclusive PlaygroundRecommended ActionAdopt resolutions.Funding Source$901,042; Parks Capital FundContact:Caroline Vedder, (707) 4287484a10.Resolution 2023160 of the City Council of the City of Fairfield Suspending Competitive Biddingand Authorizing the City Manager to Purchase One Portable Genset with Electric Vehicle (EV)Charger for FAST Battery Electric Buses and Authorizing an Update to the Fiscal Year 20232024 BudgetRecommended ActionAdopt resolution.Funding Source$1,298,732; Public Works Transit FundContact:David Renschler, (707) 4287414a11.Resolution 2023161 of the City Council of the City of Fairfield Approving and Authorizing theExecution of the Grazing License between the City of Fairfield and Leland F. Hazeltine for theGrazing of Approximately 1,285 Acres in Rockville Hills Regional Park and the Rolling Hills andSerpas Ranch Open SpacesRecommended ActionAdopt resolution.Funding SourceN/AContact:Gary Sponsler, (707) 4287416a12.Resolution 2023162 of the City Council of the City of Fairfield Approving a FiveYear Joint UseAgreement Between FairfieldSuisun Unified School District and City of FairfieldRecommended ActionAdoptresolution.Funding SourceN/AContact:Stacy Phillips, (707) 4287719a13.Resolution 2023163 of the City Council of the City of Fairfield Approving the Final Map andAuthorizing Execution of the Subdivision Improvement Agreement for the Canon StationPlanning Area 5 – Neighborhood O SubdivisionRecommended ActionAdopt resolution.Funding SourceN/AContact:Alvin Lei, (707) 4287476a14.Resolution 2023164 of the City Council of the City of Fairfield Authorizing the City Manager toExecute a FiveYear Software Agreement with Flock Safety for License Plate Reading ProductsRecommended ActionAdopt resolution.Funding Source$592,040; General FundContact:Dan Marshall, (707) 4287374a15.Resolution 2023165 of the City Council of the City of Fairfield Approving an Amendment toResolution 99302 Revising the Fairfield Golf Advisory BoardRecommended ActionAdopt resolution.

Funding Source
N/A
Contact:Kristina Kaunzinger, (707) 4287470
a

16.Resolution 2023166 of the City Council of the City of Fairfield Authorizing the City Manager to Execute and Extend the Terms of Two Current Memorandums of Understanding Between the City of Fairfield and SHELTER Solano, Inc. for the Provision of Emergency Shelter Beds Recommended Action
Adopt resolution.

Funding Source
$300,000; General Fund $458,389; Permanent Local Housing Allocation Fund Contact:April Cobb, (707) 4287609
a

17.Resolution 2023167 of the City Council of the City of Fairfield Authorizing the City Manager to Execute an Agreement to Correct Errors on In Lieu Holiday Accrual Rates for Affected Employees Represented by the Fairfield Employees' Association (FEA) Recommended Action
Adopt resolution.

Funding Source
$56,143.08; General Fund, Water Fund
Contact:Farbod Pirouzmand, (707) 4287397
a
NEW BUSINESS

18.Markeley Lane Extension to Peabody Road
Recommended Action
Receive report, open discussion, and provide direction to staff.

Funding Source
N/A
Contact:Paul Kaushal, (707) 4287477
a

19.Resolutions 2023168 Through 2023176 of the City Council of the City of Fairfield Granting Preliminary Approval of Fiscal Year 20232024 Engineer’s Reports, Declaring Intention to Order the Levy and Collection of Assessments, and Providing Notice of a Public Hearing for Landscaping and Lighting Maintenance Districts No. 1 – Gateway, No. 3 – Waterman Highlands, No. 5 – Smith Ranch, No. 6 – Peppertree, No. 7 – Rolling Hills, No. 8 – Kolob Estates, No. 11 – Paradise Valley North, No. 12 – Downtown Business District, and No. 13 – North Cordelia
Recommended Action
Adopt resolutions.

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

20.Public Hearing; and
Resolution 2023177 of the City Council of the City of Fairfield Approving the Fiscal Year 2023 2024 Supplement to the Engineer's Report, Confirming the Boundaries and Assessment and Packet Page 5 of 977

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

21.Public hearing; and
Resolutions 2023178 Through 2023184 of the City Council of the City of Fairfield Approving the Fiscal Year 20232024 Engineer’s Reports, Confirming the Fiscal Year 20232024 Diagrams and Assessments, and Ordering the Fiscal Year 20232024 Improvements for Landscaping and Lighting Maintenance Districts No. 10 – Southbrook, No. 14 – Woodlake, No. 15 – Gold Ridge, No. 16 – Creekside at Cordelia, No. 17 – ChadbourneBeckCordelia, No. 18 – Gold Ridge Park, and No. 19 – Corporate Commons
Recommended Action
Hold public hearing and adopt resolutions.

Funding Source
N/A
Contact:Chris Lewis, (707) 4287089
a
ADJOURN TO TUESDAY, JULY 18, 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
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, June 14, 2023.

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Agenda Item No: 4.

AGENDA REPORT
DATE:June 20, 2023
TO:Mayor and City Council
FROM:David Gassaway, City Manager
SUBJECT:Joint Public Hearing of the City Council of the City of Fairfield and Housing Authority Adopting Resolutions 2023149 Through 2023154 and HA202304 Approving the Fiscal Year 202324 and 202425 Budget and Financial Plan RECOMMENDED ACTION
Hold public hearing and adopt resolutions.

STATEMENT OF ISSUE
The fiscal years (FY) 202324 and 202425 Budget is available both as a written document and on the City’s website. The attached resolutions comprise the FY 202324 and 202425 Budget.

DISCUSSION
The attached resolutions do the following:

Budget Resolutions – approves appropriations for all funds, updates the Financial Plan, and includes revised staffing schedules for the City and Housing Authority budgets.

General Obligation Bonds Resolution – approves General Obligation Bond property tax rates for the costs of the North Bay Aqueduct.

Proposition 4 Appropriations Limit Resolution – approves the FY 202324 Proposition 4 appropriations limit as required by State law. Fairfield continues to be under this Statedefined limit.

Assembly Bill (AB) 1600 Development Fee Findings Resolution – is an annual findings resolution required by State law on the status of AB 1600 fees that have been deposited with the City (the resolution itself does not change AB 1600 fees).

Vehicle and Equipment Purchases Resolution – approves vehicle and equipment purchases for FY 202324.

Investment Policy Resolution – readopts the City’s investment policy.

FINANCIAL IMPACT
Fiscal impacts are discussed comprehensively in the budget document.

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Agenda Item No: 4.AGENDA REPORTDATE:June 20, 2023 TO:Mayor and City CouncilFROM:David Gassaway, City ManagerSUBJECT:Joint Public Hearing of the City Council of the City of Fairfield and Housing AuthorityAdopting Resolutions 2023149 Through 2023154 and HA202304 Approving theFiscal Year 202324 and 202425 Budget and Financial PlanRECOMMENDED ACTIONHold public hearing and adopt resolutions.STATEMENT OF ISSUEThe fiscal years (FY) 202324 and 202425 Budget is available both as a written document and on theCity’s website. The attached resolutions comprise the FY 202324 and 202425 Budget.DISCUSSIONThe attached resolutions do the following:Budget Resolutions – approves appropriations for all funds, updates the Financial Plan, andincludes revised staffing schedules for the City and Housing Authority budgets.General Obligation Bonds Resolution – approves General Obligation Bond property tax ratesfor the costs of the North Bay Aqueduct.Proposition 4 Appropriations Limit Resolution – approves the FY 202324 Proposition 4appropriations limit as required by State law. Fairfield continues to be under this Statedefinedlimit.Assembly Bill (AB) 1600 Development Fee Findings Resolution – is an annual findingsresolution required by State law on the status of AB 1600 fees that have been deposited with theCity (the resolution itself does not change AB 1600 fees).Vehicle and Equipment Purchases Resolution – approves vehicle and equipment purchasesfor FY 202324.Investment Policy Resolution – readopts the City’s investment policy.FINANCIAL IMPACT Fiscal impacts are discussed comprehensively in the budget document.

PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
Public notice was published in the Daily Republic on June 4 and 9, 2023.

ALTERNATIVE ACTION
The following alternative actions are possible:

Budget – Revise resolutions. State law does not require a specific form of budget, but it is fiscally prudent to authorize a spending plan for each fiscal year. If the fee adjustments are not approved, the current fee levels would remain in effect.

General Obligation Bonds – Do not approve property tax rates. This would shift $429,000 of costs to the General Fund.

Prop 4 Appropriations Limit – State law requires the adoption of this limit with the annual budget.

The limit factors are defined by the State.

AB 1600 Development Fee Findings – State law requires that annual findings be adopted, which the City does at the time of budget adoption.

Vehicle and Equipment Purchases – Do not approve vehicle and equipment purchases for FY 202324. This would cause increased delays in the purchases of necessary vehicles and equipment.

Investment Policy – Do not approve readoption of the investment policy.

STAFF CONTACT
John Furtado, Director of Finance
(707) 4287629
[email protected]
COORDINATED WITH
City Attorney's Office, City Manager's Office, Community Development Department, Finance Department, Fire Department, Human Resources Department, Parks and Recreation Department, Police Department, Public Works Department, Information Technology, Housing Services Department
ATTACHMENTS:

Description
Attachment 1: Proposed Resolution Approving City of Fairfield Budget Attachment 2: Exhibit A – First Responder Fee
Attachment 3: Proposed Resolution Approving the Housing Authority Budget Attachment 4: Proposed Resolution Approving General Obligation Bond Property Taxes Attachment 5: Proposed Resolution Establishing Prop 4 Appropriation Limit Attachment 6: Exhibit B – Prop 4 Appropriation Limit
Attachment 7: Proposed Resolution Making Annual AB 1600 Impact Fee Findings Attachment 8: Proposed Resolution Approving Vehicle and Equipment Purchases for FY 202324
Attachment 9: Exhibit C – Vehicle and Equipment Purchases Attachment 10: Proposed Resolution Approving City’s Investment Policy Attachment 11: Exhibit D – Investment Policy
REVIEWERS:

Reviewer Action Date
Beavers, Esther Approved 6/8/2023 11:27 AM
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CITY OF FAIRFIELD

RESOLUTION NO. 2023-149

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAIRFIELD APPROPRIATING THE FISCAL YEAR 2023-24 AND 2024-25 BUDGET, UPDATING THE FINANCIAL PLAN FOR THE CITY OF

FAIRFIELD

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

Section 1. The estimated revenues, expenditures and transfers, including cost allocation plan contributions, as proposed for fiscal year (FY) 2023-24 and 2024-25, for all funds as set forth within the “FY 2023-24 and 2024-25 Budget” are hereby approved.

Section 2. The updated Financial Plan is hereby approved as an operating guideline for the scheduling and implementation of all City capital projects, bond issuance, and interfund transfers, loans and repayments; provided, that such projects, bonds and loans are subject to subsequent specific City Council approval.

Section 3. All revenues subsequently received by City funds in excess of amounts appropriated by this resolution except otherwise noted for FY 2023-24 and 2024-25 are hereby appropriated for purposes of Article XIIIB to their respective undesignated fund balances.

Section 4. Pursuant to Resolution 99-286, the salary schedule for City employees incorporated into this budget is hereby approved.

Section 5. The positions authorized in the staffing schedule for FY 2023-24 are hereby approved.

Section 6. The updated Budget and Fiscal Policies as part of the FY 2023-24 and FY 2024-25 Budget are hereby approved.

Section 7. The fee amendments set forth in Exhibit A, and as recommended by the Fire Department, are hereby approved and shall take effect July 1, 2023. The First Responder Fee shall be adjusted annually effective July 1, by the percent change in the Consumer Price Index. The “Consumer Price Index” means the average of the percent change in Consumer Price Index for Urban Clerical and Wage Earners, as reported by the Bureau of Labor Statistics or successor agency, from the December of the preceding calendar over the preceding December, for the San Francisco Bay Area, the Western Urban region, and the U.S. Cities indices.

Section 8. The city manager and director of finance are hereby authorized to implement this resolution, including issuing the Approved FY 2023-24 and 2024-25 Budget, together with any non- substantive corrections to the Proposed Budget document.

Packet Page 9 of 977Attachment 1 Page 1 of 2

RES. NO. 2022-149

Page 2 ends

PASSED AND ADOPTED this 20th day of June, 2023, by the following vote:

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

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

MAYOR

ATTEST:

____________________________

CITY CLERK

Packet Page 10 of 977Attachment 1 Page 2 of 2

$502
Visit the City of Fairfield Fire Department's webpage at http://www.fairfield.ca.gov/gov/depts/fire/firstresponderfee.asp for more information and frequently asked questions.

FAIRFIELD FIRE DEPARTMENT
First Responder Fee
City of Fairfield

RESOLUTION
______ - _____
Date of Adoption
___ / ___ / ______
All fees shall be adjusted annually effective July 1, by the percent change in the Consumer Price Index. “Consumer Price Index” means the average of the percent change in Consumer Price Index for Urban Clerical and Wage Earners, as reported by the Bureau of Labor Statistics or successor agency, from the December of the preceding calendar over the preceding December, for the San Francisco Bay Area, the Western Urban region, and the U.S. Cities indices.

FIRST RESPONDER FEE
Fully Burdened Hourly Rate
First Responder calls are facilitated by a 3-person engine/truck company (1 Hour Minimum) First Responder Fee: For each emergency incident, the city may charge a First Responder Fee to each person to whom the city provides medical emergency first responder services. The City Council shall establish the amount of the First Responder Fee by resolution. (Ordinance Number 2016-17) 1200 Kentucky Street
Fairfield, California 94534
Office: (707) 428-7375
www.fairfield.ca.gov/fire

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Packet Page 11 of 977Attachment 2 Page 1 of 1

FAIRFIELD HOUSING AUTHORITY

RESOLUTION HA2023-04

RESOLUTION OF THE CITY OF FAIRFIELD HOUSING AUTHORITY APPROPRIATING FISCAL YEAR 2023-24 AND 2024-25 BUDGET AND UPDATING THE FINANCIAL PLAN

NOW, THEREFORE, THE FAIRFIELD HOUSING AUTHORITY HEREBY RESOLVES:

Section 1. The estimated revenues, expenditures and transfers as proposed and set forth within the fiscal year 2023-24 and 2024-25 Budget, with respect to all Housing Authority funds contained therein, are hereby appropriated.

Section 2. The Financial Plan is hereby approved as an operating guideline for the scheduling and implementation of all Housing Authority capital projects, bond issuances, and interfund transfers, loans and repayments; provided that such projects, bonds and loans are subject to subsequent specific Housing Authority approval.

Section 3. The executive director is hereby authorized to implement this resolution, including submittal of the necessary budget documentation to the U.S. Department of Housing and Urban Development.

PASSED AND ADOPTED this 20th day of June, 2023, by the following vote:

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

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

MAYOR

ATTEST:

____________________________

CITY CLERK

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CITY OF FAIRFIELD

RESOLUTION NO. 2023-150

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAIRFIELD APPROVING THE FISCAL YEAR 2023-24 GENERAL OBLIGATION BOND PROPERTY TAX RATES

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

Section 1. A zone of benefit property tax rate of 0.002300 for fiscal year (FY) 2023-23 is hereby fixed and established in the amount required to pay $510,686 for the City of Fairfield FY 2023-24 unit costs of the North Bay Aqueduct and the obligation for repayment of the "up-front" costs and advances for the North Bay Aqueduct Project, based on the assessed valuation that will be reported by the County Assessor for the FY 2023-24 assessment roll, and the County of Solano is hereby requested to levy said rate.

Section 2. The city manager is hereby authorized to implement this resolution.

PASSED AND ADOPTED this 20th day of June, 2023, by the following vote:

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

NOES: COUNCILMEMBERS: ___________________________________________

ABSENT: COUNCILMEMBERS: ___________________________________________

ABSTAIN: COUNCILMEMBERS: ___________________________________________

________________________________________
MAYOR

ATTEST:

____________________________

CITY CLERK
Packet Page 13 of 977Attachment 4 Page 1 of 1

CITY OF FAIRFIELD

RESOLUTION NO. 2023-151

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAIRFIELD ESTABLISHING THE FISCAL YEAR 2022-23 APPROPRIATIONS LIMIT

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

Section 1. Pursuant to Government Code Section 7910 and Article XIIIB of the California Constitution the approved appropriations limit for fiscal year 202 3-24 as calculated pursuant to Exhibit B, is hereby established at $310,476,000.

Section 2. The city manager is hereby authorized to implement this resolution.

PASSED AND ADOPTED this 20th day of June, 2023, by the following vote:

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

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

MAYOR

ATTEST:

____________________________

CITY CLERK
Packet Page 14 of 977Attachment 5 Page 1 of 1

Proposition4(GannLimit)Analysis
Section7910oftheCaliforniaGovernmentCodeandArticleXIIIBoftheCaliforniaConstitution(referredtoas the“GannLimit”)restricttheamountofrevenuethatcitiescanappropriateinanyfiscalyear.Annually,theCity mustadoptaresolutiontoapprovetheappropriationslimitbasedonactualappropriationsinFY1978Ͳ79, adjustedbya.)thegreaterofgrowthinCaliforniapercapitaincomeorthepercentagechangeinthelocal assessmentrollfromtheprecedingyearduetotheadditionofnewnonresidentialconstructionintheCity,and b.)thegreaterofthegrowthinCityorCountypopulation. Section37200requiresthattheGannLimitandthetotalappropriationssubjecttothelimitationbepublishedin theannualbudget.TheCity’slimitationiscalculatedannuallyandwasadoptedbyCityCouncilresolutionaspart ofitsannualoperatingbudget.Belowisthecalculation. Thefollowingrepresentsatrendanalysisoftheappropriationslimitversusthenetproceedsoftaxessubjectto thelimitforthelastfivefiscalyears.TheCityexpectstoremainunderitsappropriationslimitwellintothe future.
Actual Projected Projected
FY2021/22 FY2022/23 FY2023/24
GrowthFactorsA&B(use thegreaterofeach)
CityPopulationGrowthFactor(%)OR 0.39%Ͳ0.15% 0.18%
CountyPopulationGrowthFactor Ͳ0.16%Ͳ0.58%Ͳ0.52%
%changeduetononͲresidentialconstructionͲNot
Available
Percapitapersonalincome%changeoverprioryear 5.73% 7.55% 4.44% NewFactortoApplytoProp4Limit
(CityorCountypopulationfactorXchangeinnonͲ
residentialconstruction)OR N/A N/A N/A
(CityorCountypopulationfactorXchangeinper
capitapersonalincome)1.0614 1.0739 1.0463
GannLimit 276,317,000296,737,000310,476,000
EstimatedRevenuesSubjecttotheLimit 108,714,444105,800,646107,409,866 UnusedAppropriationsLimit 167,602,556190,936,354203,066,134 (A)
(B)
ExhibitB
Packet Page 15 of 977Attachment 6 Page 1 of 1

CITY OF FAIRFIELD

RESOLUTION NO. 2023-152

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAIRFIELD MAKING CERTAIN FINDINGS

RELATED TO DEVELOPMENT IMPACT FEES

WHEREAS, the City imposes Development Impact Fees pursuant to the Mitigation Fee Act (Government Code Section 66000 et seq. and commonly referred to as AB 1600) and Article XI of Chapter 25 of the Fairfield Municipal Code; and

WHEREAS, Section 25.1508 of the Fairfield Municipal Code requires the City Council to make certain findings once each year with respect to the status of fees which have been deposited with the City for five or more years and remain unexpended.

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

Section 1. In accordance with Assembly Bill (AB) 1600 and Section 25.1508 of the Fairfield Municipal Code, the City Council makes the following findings:

A. All of the AB 1600 fees collected by the City of Fairfield from June 20, 1995 to June 30, 2022, have either been expended on, or are committed to, the capital projects identified in the Final Report on Capital Projects which was submitted to the City Council on March 24, 1995, and updated in the AB 1600 Plan Update Technical Report, which was approved by Council in Resolution 2006 -155 on November 21, 2006, and also partially updated in the Final Report on Citywide Transportation Impact Fee and Park Impact Fee Update and Report on Northeast Area Fees, which were approved by Council in Resolution 2013-69 on May 7, 2013.

B. The purpose of the AB 1600 fees is to construct "public facilities," including streets, traffic signals, urban design features, government buildings, parks and recreational facilities, sewer and drainage infrastructure, and greenbelt preservation.

C. The City caused the preparation of development impact fee nexus studies in 1995, 2002, 2006, 2013, and 2022 (the “Nexus Studies”). The Nexus Studies demonstrate the reasonable relationship between the fees and the purposes for which they are being used.

Section 2. The FY 2023-24 Budget and Five-Year Capital Improvement Program shows current sources and amounts of funding and dates for construction for incomplete projects.

Packet Page 16 of 977Attachment 7 Page 1 of 2

RES. NO. 2022-152

Page 2 ends

Section 3. As part of the City's normal budget process the City Council sets the schedule for AB 1600 projects and allocates the available funding. The City's FY 2023-24 Budget and Five-Year Capital Improvement Program shows the current project schedule.

PASSED AND ADOPTED this 20th day of June, 2023, by the following vote:

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

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

MAYOR

ATTEST:

____________________________

CITY CLERK

Packet Page 17 of 977Attachment 7 Page 2 of 2

CITY OF FAIRFIELD

RESOLUTION NO. 2023-153

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAIRFIELD APPROVING VEHICLE AND EQUIPMENT PURCHASES FOR THE FISCAL YEAR 2023-24

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

Section 1. City Council adopts the fiscal year 2023-24 Vehicle and Equipment Purchases provided in Exhibit B.

Section 2. Council suspends competitive bidding when utilizing a cooperative purchase agreement or sole source purchasing and hereby authorizes the city manager to approve their use in Vehicle and Equipment Purchases provided in Exhibit C.

Section 3. The city manager is hereby authorized to approve the purchase amounts in Exhibit B, not to exceed 20%. Additional costs shall be paid out of the department’s operating budget.

PASSED AND ADOPTED this 20th day of June, 2023, by the following vote:

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

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

MAYOR

ATTEST:

____________________________

CITY CLERK

Packet Page 18 of 977Attachment 8 Page 1 of 1

CityofFairfield
VehicleandEquipmentPurchasesFY2023Ͳ24
ExhibitC
FY2024Purchases
Department/Division
Funding
Source Unit Description
Current
Model
Year Amount
Fire 51255101 F9151 VolvoTender 1991 473,000 Fire 51255101 F0650 Skeeterreplacingwildland 2014 445,000 Police 51250403 35 FORDEͲ250VANͲUPGRADETOPIU 2004 94,500 Police 51250403 207 FORDCROWNVICͲDOWNGRADE 2012 68,500 Police 51250403 208 FORDCROWNVIC 2012 84,000 Police 51250403 209 FORDCROWNVIC 2012 84,000 PWͲEng 51245200 13018 FORDESCAPE 2013 40,000 PWͲPmtͲMP 51260207 14231 TACOILPOT 2014 33,500 PWͲPRK 51260314 14169 FORDFͲ150 2014 67,000 PWͲPrks 51260314 9538 ZIEMANExc.Trailer 2009 12,500 PWͲSTR 51260206 14055 FORDFͲ150 2014 67,000 PWͲSTR 51260206 9402 CATERPILLARCB242009 69,000 PWͲSTR 51260206 17405 CRAFCOSS125DC 2017 60,000 PWͲSTR 51260206 458 ZiemanTrailer 1999 36,500 PWͲVEHMAINT 51260311 1242 FORDͲ350UtilityFireMaint 2012 105,000 UtilityCutCrew 51260601 12323 INTERNATIONAL6WHEELDUMPPATCH 2012 260,000 WaterDistribution 51260602 14004 PICKUPͲ1/2TONͲSUPERCAB 2014 67,000 WaterDistribution 51260602 14558 CONCRETESAW 2014 92,500 Waterman 51260604 14245 EZGOUtilityCart 2014 8,000 Waterman 51260604 13221 PICKUPͲ1/2TON 2013 80,000 Total 2,247,000
PurchasesapprovedforFY23,willoccurinFY24
Department/Division
Funding
Source Unit Description
Current
Model
Year Status
Previously
Approved
Proposed
Amount
Police 51250403 30 FORDWINSTARͲUPGRADETRANSITCARGO 2003 OnOrder 65,00065,000 Police 51250403 85 FORDCROWNVIC 2005 OnOrder 86,00086,000 Police 51250403 163 FORDTAURUSͲUPGRADETRANSITPASSENGER 2002 OnOrder 46,00046,000 Police 51250403 164 FORDTAURUSͲUPGRADETRANSITPASSENGER 2002 OnOrder 52,00052,000 Police 51250403 166 FORDTAURUSͲUPGRADEFORDESCAPEHYBRID 2007 OnOrder 46,00046,000 Police 51250403 197 FORDCROWNVICͲUPGRADETRANSITCARGO 2007 OnOrder 86,00086,000 Police 51250403 198 MERCGRANDMARQͲUPGRADETRANSITCARGO 2008 OnOrder 86,00086,000 Police 51250403 202 FORDCROWNVICͲUPGRADETRANSITCARGO 2008 OnOrder 86,00086,000 PWͲTRA 51260201 13570 WANCOsignboard 2013 OnOrder 30,00030,000 WaterDistribution 51260800 462 TRAILERͲ23FEETͲ28700GVWR2AXLE 2003 NotOrdered 52,00052,000 WaterDistribution 51260602 11328 TRUCKͲDUMPͲ10WHEEL 2011 OnOrder 230,000230,000 WaterDistribution 51260602 13101 PICKUPͲ3/4TONͲUTILBED 2013 NotOrdered 85,00085,000 WaterDistribution 51260602 13304 TRUCKͲ1TONͲFLADBEDVALVETURNIN 213 OnOrder 125,000204,450 WaterDistribution 51260602 14174 PICKUPͲ1/2TONͲSUPERCAB 2014 NotOrdered 82,00082,000 Total 1,157,0001,236,450
Packet Page 19 of 977Attachment 9 Page 1 of 1

CITY OF FAIRFIELD

RESOLUTION NO. 2023-154

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

FAIRFIELD INVESTMENT POLICY

WHEREAS, Assembly Bill (AB) 2853 has made the annual adoption of an investment policy optional; and

WHEREAS, this policy has been prepared in accordance with standards established by the Association of Public Treasurers of the United States and Canada.

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

Section 1. Pursuant to Government Code 53601 the City of Fairfield Investment Policy is hereby approved as attached hereto and incorporated by reference in Exhibit D.

Section 2. The director of finance is hereby authorized to do all things necessary to implement said Investment Policy working in conjunction with the city treasurer.

PASSED AND ADOPTED this 20th day of June, 2023, by the following vote:

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

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

MAYOR

ATTEST:

____________________________

CITY CLERK

Packet Page 20 of 977Attachment 10 Page 1 of 1

Exhibit D
Investment Policy

1. Purpose and Scope
It is the policy of the City to invest public funds in a manner which will provide the highest investment return with the maximum security while meeting the daily cash flow demands of the entity and conforming to all state and local statutes governing the investment of public funds.

The purpose of this policy is to provide broad guidelines to the officers of the City charged with the responsibility for the investment of temporarily idle surplus funds of the City and its affiliated agencies:

This investment policy applies to all financial assets of these entities. The funds of these entities are described in the City’s Comprehensive Annual Financial Report and include its General Fund, Capital Projects Funds, Special Revenue Funds, Enterprise Funds, Internal Service Funds, Fiduciary Funds and Successor Agency Trust Funds. All investment of idle funds is governed by Federal and State law and by this policy.

The purpose of this policy is to also identify various procedures that enhance opportunities for a systematic investment process. The initial step toward a prudent investment policy is to organize and formalize investment related activities. Related activities, which comprise good cash management, include accurate cash projection, the expeditious collection of revenue, the control of disbursements, cost effective banking relations, and a short‐term borrowing program which coordinates working capital requirements and investment opportunities. In concert with these requirements are the many facets of an appropriate and secure investment program.

The Director of Finance, under the supervision and direction of the City Manager, is responsible for administering the City’s investments. In furtherance of this responsibility, the Director of Finance shall issue and administer detailed Investment Instructions which may change periodically and which will implement this Investment Policy. The investment of bond proceeds will be governed by the provisions of relevant bond documents.

Safeguards will be set into place to ensure that adequate operating reserves are established and maintained to provide that cash in sufficient amounts will be available to pay for immediate expenditures as authorized by the City's budget. Funds so maintained will be deposited in a manner best serving the City.

It will be further recognized that the City has a responsibility to monitor the security of its assets and always maintain a level of quality so that the public at large will have the highest confidence that its best interests are being served. Any investment currently held that does not meet the guidelines of this policy shall be exempted from the requirements of this policy. At maturity or liquidation, such funds shall be reinvested only as provided by this policy.

2. Prudence and Risk Tolerance
Investments shall be made with judgement and care, under circumstances then prevailing, which persons of prudence, discretion and intelligence exercise in the management of their own affairs, not for speculation, but for investment, considering the probable safety of their capital as well as the probable income to be derived.

The standard of prudence to be used by investment officials shall be the “prudent investor” standard and shall be applied in the context of managing an overall portfolio. When investing, reinvesting, purchasing, Packet Page 21 of 977Attachment 11 Page 1 of 19

Exhibit D
acquiring, exchanging, selling, or managing public funds, a trustee shall act with care, skill, prudence, and diligence under the circumstances then prevailing, including, but not limited to, the general economic conditions and the anticipated needs of the City, that a prudent person acting in a like capacity and familiarity with those matters would use in the conduct of funds of a like character and with like aims, to safeguard the principal and maintain the liquidity needs of the City.

The City recognizes that investment risks of the following can result from issuer defaults, market price changes or various technical complications leading to temporary illiquidity:

A. Credit risk is the possibility that deterioration of an issuer’s creditworthiness will adversely affect the value of its bonds or that an issuer will not make timely payments of interest or principal on its bonds (default). A decline in a bond issuer’s credit rating, or creditworthiness, may cause prices for its outstanding bonds to decline. This shall be mitigated by limiting investments to those allowed under this policy and by diversification.

B. Market or Interest Rate risk, defined as market value fluctuations due to overall changes in market price, shall be mitigated by eliminating the need to sell securities prior to maturity and investing operating funds primarily in shorter‐term securities, money market funds or similar investment pools, thereby limiting the average maturity of the portfolio. Investments shall be made with the exercise of that degree of judgment and care, under circumstances then prevailing, which persons of prudence, discretion and intelligence exercise in the management of their own affairs, not for speculation but for investment, considering the safety of capital as well as the income to be derived.

Investment officers acting in accordance with written procedures and the City’s investment policy and exercising due diligence shall be relieved of personal responsibility and liability for an individual security credit risk or market price changes, provided that deviations from expectations are reported in a timely fashion, and appropriate action is taken to control adverse developments.

3. Objectives and Performance Standards
The primary objectives, in priority order, of the City’s investment activities shall be:

A. Safety: Safety of principal is the foremost objective of the City’s investment program, followed by liquidity and return on investments. Investments of the City shall be undertaken in a manner that seeks to ensure the preservation of capital in the City’s portfolio. To obtain this objective, the City will diversify its investments by investing funds among a variety of securities offering independent returns and financial institutions. Each investment transaction shall seek to first insure that capital losses are avoided, whether they are from securities default or erosion of market value.

Investment decisions should not incur unreasonable investment risks in order to obtain current investment income.

B. Liquidity: The City's investment portfolio will remain sufficiently liquid to enable the City to meet all operating requirements which might be reasonably anticipated. Emphasis will be on marketable securities with low sensitivity to market risk. Maturities of investments for which there is limited opportunity for resale shall be staggered to maximize liquidity.

C. Return on Investments: The City maintains an active investment strategy and its investment portfolio shall be designed with the objective to attain a rate of return which approximates Packet Page 22 of 977Attachment 11 Page 2 of 19

Exhibit D
benchmarks to be selected by the City’s investment advisory committee throughout budgetary and economic cycles, commensurate with and taking into account the City's safety objective, investment risk constraints, average investment duration of the City’s portfolio, cash flow characteristics of the portfolio, and laws that restricts the investment of funds.

4. Delegation of Authority and Investment Procedures
The authority to manage the City’s investment program is derived from California Government Code Section 53601 et seq and section 2.14.15 of the City’s municipal code. The management and oversight responsibility for the investment program is hereby delegated to the Director of Finance, who shall be responsible for all transactions undertaken, monitor and review all investments for consistency with this Investment Policy and establish written procedures for the operation of the investment program, consistent with this investment policy.

Such procedures shall include a system of controls to provide explicit delegation to and regulate the activities of subordinate staff and officials of authority who are responsible for investment activities and transactions, including procedures addressing safekeeping, wire transfer agreements, collateral/depository agreements, banking services, and procedures to be used in absence of the Director of Finance. No person shall engage in an investment transaction except as provided for in this policy and these procedures.

The City may contract for the use of investment manager services subject to all other provisions of this Investment Policy. The Director of Finance shall maintain investment instructions for internal and external management of investments by the investment managers consistent with this policy and State government code requirements. Such managers must be registered under the Investment Advisers Act of 1940.

5. Ethics and Conflict of Interest
Officers and employees involved in the investment process shall refrain from personal business activities that could conflict with proper execution of the investment program, or which could impair their ability to make impartial decisions. Officers and employees involved in the investment process shall abide by the City’s Conflict of Interest Code, California government code section 1090 and the California Political Reform Act.

Employees and investment officials shall disclose to the City Clerk and material financial interests in financial institutions that conduct business within their jurisdiction, and they shall further disclose any large personal financial positions that could be related to the performance of the City.

These disclosure requirements shall include complying with the disclosure and disqualification requirements as established by the Fair Political Practices Commission and Conflict of Interest Codes of the City. A copy of each Investment Official's Statement of Economic Interest, which is required to contain disclosure of any material financial interests in financial institutions doing business in the City, shall be filed annually with the City Clerk.

6. Authorized Banks, Investment Brokers / Dealers and Institutions The Director of Finance shall maintain a list of authorized broker/dealers and financial institutions, authorized to provide investment services, and it shall be the policy of the City to purchase securities only Packet Page 23 of 977Attachment 11 Page 3 of 19

Exhibit D
from those authorized institutions or firms. These broker/dealers will further be required to submit a certification that they have received, read, and agreed to comply with the City’s annual Investment Policy.

If a third‐party investment advisor is authorized to conduct investment transactions on the City’s behalf, the investment advisor may use its own list of approved broker/dealers and financial institutions for investment purposes. The investment advisor’s approved list must be made available to City upon request. In selecting financial institutions for the deposit or investment of City funds, the credit rating of these institutions will be considered. These financial institutions shall be authorized to provide investment services in California.

All financial institutions and broker/dealers who desire to become qualified bidders for investment transactions must supply the Director of Finance with the following: audited financial statements, proof of National Association of Security Dealers certification, trading resolution, proof of state/province registration, a completed broker/dealer questionnaire, and a written certification agreeing to abide by the City’s investment policy and depository contracts.

A periodic review of the financial condition and registrations of qualified bidders may be conducted by the Director of Finance or designee. As part of any review performed, a current audited financial statement will be obtained and maintained on file for those financial institutions and brokers/dealers in which the City invests with. Whenever reasonable a competitive bid process, utilizing a minimum of three financial institutions deemed eligible by the Director of Finance will be used to place investment purchases. The City shall transact business only with banks, savings and loans, and with brokers/dealers approved by the Investment Advisory Committee.

7. Permitted Investments
The City is authorized by State law to invest in the following types of securities. The following includes the maximum maturities and maximum percentage or amounts that may be invested by type:

Investment Type Maximum % or $
Maximum
Maturity
Minimum
Required Rating
Bank/Time Deposits None 5 years N/A
U.S. Treasuries None 5 years N/A
U.S. Agencies 75% (25% for one issuer) 5 years N/A
Money Market Funds 20% (10% with one mutual fund) N/A N/A Bankers Acceptances 30% (5% with one bank) 180 days A1/P1 Commercial Paper 25% (5% with one firm) 270 days A1/P1
Negotiable CDs 30% (5% with one bank) 5 years
A < 1 year
AA for 1‐5 years
Packet Page 24 of 977Attachment 11 Page 4 of 19

Exhibit D
Investment Type Maximum % or $
Maximum
Maturity
Minimum
Required Rating
LAIF
Per State Statute – the City has 3 accts
($65 million per account as of 1/2017)
N/A N/A
CAMP / Caltrust None N/A N/A
CDs non‐negotiable /
CDARS
30%
(5% with one bank)
3 years N/A
Municipal Obligations (5% with one agency) 5 years
A (except City’s
Own bonds)
Medium Term Notes 30% 5 years A
Supranationals 10% 5 Years AAA

It is the intent that investments shall be managed in such a way that any market price losses resulting from interest‐rate volatility would be offset by coupon income and current income received from the overall portfolio over market cycles. To the extent possible, the City will attempt to match its investments with anticipated cash flow requirements.

Pursuant to Government Code Section 53601 et seq. the City may only invest in the following security types (See the Glossary section for a detailed description of each of these investment types):

A. U.S. Government Treasury Bills and Notes
B. U.S. Government Sponsored Enterprise Debt (GSE’s) (known as Agencies) C. Certificates of Deposit (non‐negotiable) (CDs)
The City is authorized to use of private CD placement services by local agencies. This investment policy allows for the use of a placement service called the Certificate of Deposit Account Registry Service (CDARS), which acts as the master custodian for the placement of CDs. Through the use of this placement service, local banks that work with CDARS place one investment by the City and divide the deposit into individual CDs not to exceed $250,000, so that each individual CD is fully insured by the FDIC.

D. Bankers Acceptances (BA)
Those with an A1/P1 rating as provided for by a nationally recognized statistical‐rating organization (NRSRO)
E. Commercial Paper
Prime commercial paper with an A1/P1 rating as provided for by a NRSRO. Purchases must be limited to corporations organized and operating within the United States, and as a practical Packet Page 25 of 977Attachment 11 Page 5 of 19

Exhibit D
matter generally only those corporations operating within the State of California, having total assets in excess of $500 million, and having an "A" or higher rating for the issuer's debentures, other than commercial paper (as‐provided by Moody's or Standard and Poor's rating services). In addition, purchases may not represent more than ten percent (10%) of the outstanding paper of an issuing corporation.

F. State of California Local Agency Investment Fund (LAIF) G. CalTrust / California Asset Management Program (CAMP) H. Domestic money market mutual funds
These must be registered with the Federal Securities and Exchange Commission (SEC), have over $500 million in total assets, be rated in the highest rating category by two nationally recognized rating services and only invest in:
a) U.S. Government or federal agency securities and repurchase agreements, b) Tax exempt obligations or other investment instruments specifically included in the local investment policy
I. Negotiable Certificates of Deposit
Must be issued by a nationally or state chartered bank or savings and loan association, or by a state licensed branch of a foreign bank.

J. Medium Term Corporate Notes
Notes issued by corporations organized and operating within the U.S. or by depository institutions licensed by the United States or any state and operating within the U.S. Must be rated “”A” or better by a NRSRO.

If a corporate note owned by the City is downgraded by either Moody’s or S&P to a level below the quality required by this Investment Policy, it shall be the City’s policy to review the credit situation and make a determination as to whether to sell or retain such a corporate note in the portfolio.

If a security is downgraded two grades below the level required by the City, the security shall be sold immediately. If a security is downgraded one grade below the level required by this policy and matures within 6 months, the security will be held to maturity. The Director of Finance may determine to sell the security if it is determined that there is a probability of default prior to maturity. If a decision is made to retain the security in the portfolio, its presence in the portfolio will be monitored and reported quarterly to the City Council.

K. Municipal Obligations
Must be rated “A” or better by a nationally recognized rating agency. except for the City’s own bonds and bonds issued by the City’s former Redevelopment Agency and its Financing Authority, which may have any rating. Municipal Obligations include:

Packet Page 26 of 977Attachment 11 Page 6 of 19

Exhibit D
a. Registered state warrants or treasury notes or bonds of the State of California and bonds, notes, warrants, or other evidences of indebtedness of any local agency within California, including bonds payable solely out of the revenues from a revenue producing property owned, controlled, or operated by the state or local agency or by a department or agency of the state or local agency. b. Registered treasury notes or bonds of any of the 49 U.S. States in addition to the State of California, including bonds payable solely out of the revenues from a revenue‐producing property owned, controlled, or operated by a state or by a department, board, agency, or authority of any of the other 49 U.S. States, in addition to California.

L. Supranationals
Must be rated “AAA” or better by a nationally recognized rating agency and is U.S. dollar denominated senior unsecured unsubordinated obligations issued by the International Bank for Reconstruction and Development, International Finance Corporation, or the Inter‐American Development Bank.

8. Diversification
It is the policy of this City to diversify the investment portfolio in order to reduce the risk of loss resulting from over concentration of assets in a specific maturity, a specific issuer or a specific class of securities.

See Section IX for limitations by category on the investment of City funds. Maturities shall be selected which provide for stability of income and reasonable liquidity. Risks of market price volatility shall be controlled through maturity and issuer diversification.

In order to reduce portfolio risk, the City's portfolio will be diversified by security type and institution.

With the exception of U.S. Treasury and Agency securities and authorized pools, no more than 50% of the City’s total investment portfolio will be invested in a single security type or with a single financial institution. The portfolio shall be diversified to avoid incurring unreasonable and avoidable risks regarding specific security types or individual financial institution. The City shall diversify its investments by investing funds among a variety of securities offering independent returns and financial institutions. In a diversified portfolio, occasional measured losses are inevitable, and must be considered within the context of the overall portfolio’s investment return.

9. Nondiscrimination
Investments shall not knowingly be made in any institution that practices or supports, directly or indirectly through its actions, discrimination on the basis of race, religion, color, creed, national or ethnic origin, age, gender, or physical disability.

10. Maximum Maturity
As specified in Government Code Section 53601, the City Council must expressly authorize the investment of funds that mature in excess of five years. Placement of such investments cannot occur until three months have lapsed from the date of authorization. Bond covenants may allow for a longer term investment for bond reserves held with a fiscal agent. To the extent possible, investment maturities shall be based on a review of cash flow forecasts and maturities will be scheduled so as to permit the City to meet all projected obligations and cash flow requirements.

Packet Page 27 of 977Attachment 11 Page 7 of 19

Exhibit D

11. Ineligible Investments
Any security type or structure not specifically approved by this policy and investment instructions is specifically prohibited. Security types, which are thereby prohibited to be purchased as defined by Government Code Section 53601.6 include, but are not limited to a.) complex derivative structures such as range notes, inverse floaters, or any other complex variable rate or structure note, b.) Interest‐only strips that are derived from a pool of mortgages (i.e. Collateralized Mortgage Obligations), or any security that could result in zero interest accrual if held to maturity. c) Repurchase or reverse repurchase agreements, mortgage and asset backed securities, and trade in options or future contracts.

12. Sales Prior to Maturity
Sales prior to maturity are permitted. It is also recognized that in a changing interest rate environment, it may be financially advantageous to sell investments at a book value loss in order to reinvest into a more profitable security.

13. Reporting
The Director of Finance shall render to the City Manager, the City Council, and City Clerk a monthly report which provide a clear picture of the status of the current investment portfolio. The report shall include the following information on investments:
a. A listing of individual securities held at the end of the reporting period by authorized investment category
b. Average life and final maturity of all investments listed c. Coupon, discount or earnings rate
d. Par value, amortized book value and market value
e. Percentage of the portfolio represented by each investment category.

The monthly report shall also include a.) compliance of the portfolio to the Investment Policy and State law, or state the manner in which the portfolio is not in compliance; b.) details of all of the City’s funds, investments or programs that are under management of contracted parties, including lending programs; and c.) a statement denoting the ability of the City to meet its expenditure requirements for the next six months, or provide an explanation as to why sufficient money may not be available.

The report should include comments on the fixed income markets and economic conditions, discussions regarding restrictions on percentage of investment by categories, possible changes in the portfolio structure going forward and thoughts on investment strategies.

In accordance with Governmental Accounting Standards Board (GASB) Statement No. 31, “Accounting and Financial Reporting for Certain Investments”, as of June 30th of each Fiscal Year the City will report all investments in excess of one year at market value (in the Comprehensive Annual Financial Report—FR).

Any change in the value of the investments will be recognized annually, as a part of interest income.

14. Review of Investment Policy
The City’s investment policy shall be adopted by resolution of the City Council. The policy shall be reviewed once every two years by the City Council and any modifications made thereto must be approved by the City Council.

Packet Page 28 of 977Attachment 11 Page 8 of 19

Exhibit D

15. Scope and Interest Allocation
Except for cash held in separate restricted funds, the City will pool cash balances from all funds for investments to maximize earnings and efficiencies with regards to investment pricing, safekeeping and administration. The Department of Finance shall allocate interest to funds based upon their average cash balances and in accordance with Generally Accepted Accounting Principles (GAAP). Funds with average daily balances of $10,000 or less will not receive interest allocation. All interest earnings not otherwise allocated shall be allocated to the General Fund.

16. Investment Advisory Committee
An Investment Advisory Committee has been formed for the purpose of overseeing the implementation of the City's investment program and assuring it is consistent with the investment policy as approved by the City Council. The advisory committee shall consist of the City Treasurer, Director of Finance and the Accounting Manager. The Investment Advisory Committee will meet with the City’s investment managers as needed or as market or economic condition changes to determine general strategies and to monitor results. The committee shall include in its deliberations such topics as: economic outlook, portfolio diversification and maturity structure. The written investment procedures shall be reviewed by the investment advisory committee periodically.

17. Internal Controls
The Department of Finance will establish a system of internal controls, which shall be documented in writing. The controls shall be designed to prevent losses of public funds arising from fraud, employee error, and misrepresentation by third parties, unanticipated changes in financial markets or imprudent actions by employees and officers of the City. Controls deemed most important include: control of collusion, segregation of duties, separating transaction authority from accounting and recordkeeping, custodial safekeeping, clear delegation of authority, specific limitations regarding securities losses and remedial action, written confirmation of telephone transactions, minimizing the number of authorized investment officials, documentation of transactions and strategies and code of ethical standards. In addition, whenever possible pre‐formatted wire transfers will be used to transfer funds to pre‐authorized accounts. The Director of Finance shall establish an annual process for independent review of these controls by an external auditor. This review will help to ensure compliance with the City’s investment policies and procedures.

18. Safekeeping and Custody
Guidelines
All security transactions entered into by the City shall be conducted on a delivery versus payment (DVP) basis as evidenced by safekeeping receipts in the City’s name. To protect against fraud and embezzlement, the investment securities of the City shall be held in the City's safe or held by a third party custodian designed by the Director of Finance in accordance to established safekeeping procedures. Custody will be evidenced by safekeeping receipts.

Securities purchased from brokers/dealers shall be held in a third party custodian account, which the City has established for safekeeping. Said securities are to be held in the name of the City with the trustee executing investment transactions as directed by the appropriate City official. Receipts for confirmation of purchase of authorized securities must include trade date, pay value, maturity, rate, price, yield, and Packet Page 29 of 977Attachment 11 Page 9 of 19

Exhibit D
settlement date, description of securities purchased, agency's name, and third party custodian information.

Trust Agreements
The City shall direct the investment activities of trustees. Such direction shall be in keeping with the terms and condition of its trust agreements, applicable law and policies set forth in the Investment Policy. In addition to the acceptable investment instruments listed in this policy, bonds proceeds may be invested in securities permitted under Section 53635 and other investment instruments allowed by State law, and which comply with requirements imposed by bond insurance and rating agencies.

19. Adding Investment Pools / Money Market Mutual Funds A thorough investigation of the pool / fund is required prior to investing and on a continual basis. There shall be a questionnaire developed and responded to by the pool / fund which will address the following general areas:
• Authorized Investments • Investment Policy and Objectives • Interest Calculations / Distributions • Investment Limitations • Who May Invest • Eligibility for holding Bond Proceeds • Frequency Statements/Portfolio listings • Treatment of Gains and Losses • Safeguarding of Investments • Settlement Process
• Deposit / Withdrawal Limitations • Utilization of Reserves by Fund • Frequency of audits/security pricing • Fee Schedule/When and How assessed

20. Collateralization
Collateral for time deposit in savings and loans is to be held by the Federal Home Loan Bank. Collateral for time deposits in banks is to be held in the City's name in the bank trust department or by the Federal Reserve. Bank Collateralization is required on Certificates of Deposit (non‐negotiable) in excess of $250,000, as all financial institutions also have FDIC insurance up to $250,000.. (California Government Code Section 53652 (a)). The City chooses to limit collateral to eligible securities per the Government Code.

In order to anticipate market changes and provide a level of security for all funds, the collateralization level will be 110% of market value of principal and accrued interest. The right of collateral substitution may be granted by the City. Collateral will always be held by an independent third party with whom the financial institution has a current custodial agreement. These parties are limited to only those trust companies and trust departments, or the Federal Home Loan Bank of San Francisco, which have been approved by the California State Superintendent of Banks. A clearly market evidence of ownership (safekeeping receipt) must be supplied to the City and retained.

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Exhibit D

21. Glossary
Accrued Interest: Coupon interest accumulated on a bond or note since the last interest payment or, for a new issue, from the dated date to the date of delivery.

Agencies: Federal agency securities and/or Government‐sponsored enterprises. These include securities of government agencies such as, but not limited to: Federal National Mortgage Association (FNMA); Federal Home Loan Bank (FHLB); Government National Mortgage Association (GNMA); Community Development Corporation (CDC), Small Business Association (SBA), Tennessee Valley Authority (TVA), Federal Farm Credit Bank (FFCB) and Federal Home Loan Mortgage Corporation (FHLMC).

Arbitrage: Transactions by which securities are bought and sold in different markets at the same time for the sake of the profit arising from a yield difference in the two markets. The 1986 Tax Reform Act made this practice by municipalities illegal solely as a borrowing tactic, except under certain safe‐harbor conditions.

Asked: The price at which securities are offered.

Asset Backed Securities: Securities that are supported by pools of assets, such as installment loans or leases, or by pools of revolving lines of credits. Asset‐backed securities are structured as trusts in order to perfect a security interest in the underlying assets.

Bank Deposits: To deposit collateral in the form of currency that may be in the form of demand accounts (checking) or investments in accounts that have a fixed term and negotiated rate of interest.

Bank Notes: A senior, unsecured, direct obligation of a bank or U.S. branch of a foreign bank.

Bankers’ Acceptance (BA): These are bills of exchange or time drafts drawn on, and accepted by, commercial banks in the top 100 of the world, which are eligible for purchase by the Federal Reserve System. Acceptance of the draft obligates the bank to pay the bearer the face amount of the draft at maturity. In addition to the guarantee by the accepting bank, the transaction is secured with a specific commodity. The sale of the underlying goods will generate the funds necessary to liquidate the indebtedness. BAs are usually created to finance the import and export of goods, the shipment of goods within the United States and the storage of readily marketable staple commodities. BAs are sold at a discount from par and the amount and maturity date are fixed.

Basis Point: Refers to the yield on bonds. Each percentage point of yield in bonds equals 100 basis points (1/100% or 0.01%). If a bond yield changes from 7.25% to 7.39% that is an increase of 14 basis points.

Benchmark: A comparative base for measuring the performance or risk tolerance of the investment portfolio. A benchmark should represent a close correlation to the level of risk and the average duration of the portfolio’s investments.

Bid: The price offered by a buyer of securities. When you are selling securities, you ask for a bid. See Offer.

Bond Proceeds: The money paid to the issuer by the purchaser or underwriter of a new issue of municipal securities. These moneys are used to finance the project or purpose for which the securities were issued and to pay certain costs of issuance as may be provided in the bond contract.

Bonds: A debt obligation of a firm or public entity. A bond represents the agreement to repay the debt in principal and, typically, in interest on the principal.

Book Entry: The system maintained by the Federal Reserve, by which most money market securities are delivered to an investor’s custodial bank. The Federal Reserve maintains a computerized record of the ownership of these securities and records any changes in ownership corresponding to payments made over the Federal Reserve wire (delivery versus payment).

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Exhibit D
Book Value: The value at which a debt security is shown on the holder’s balance sheet. Book value is acquisition cost less amortization of any premium or discount.

Broker: A broker assists in the buying and selling of investments together for a commission.

California Asset Management Program (CAMP): CAMP is a money market portfolio created for California Public Agencies. Similar to LAIF, CAMP provides daily liquidity, money market returns and unlimited number of deposits and withdrawals. CAMP may hold a broader range of securities that would not be eligible under the City investment criteria.

Since CAMP is subject to different statutory investment provisions, any such variances in their holdings are acceptable under this policy
Call Price: The price at which an issuer may redeem a bond before maturity Callable Bond: A bond issue in which all or a part of its outstanding principal amount may be redeemed before maturity by the issuer under specified conditions CALTRUST: A Joint Powers Authority created by public agencies to provide a convenient method for public agencies to pool their assets for investment purposes. CalTRUST is governed by a Board of Trustees made up of experienced local agency treasurers and investment officers. The Board sets overall policies for the program and oversees the activities of the investment manager and other agents.

CD Placement Service: A private cd placement service that allows local agencies to purchase more than $250,000 in CDs from a single financial institution (must be a participating institution of CDARS) while still maintaining FDIC insurance coverage. CDARS (Certificate of Deposit Account Registry System) is currently the only entity providing this service. CDARS facilitates the trading of deposits between the California institution and other participating institutions in amounts that are less than $250,000 each, so that FDIC coverage is maintained.

Certificate of Deposit (CD): A time deposit with a maturity evidenced by a certificate See “Non‐ Negotiable” and “Negotiable” Certificate of Deposit. Large‐denomination CDs are typically negotiable.

Collateral: Securities, evidence of deposit or other property, which a borrower pledges to secure repayment of a loan. Also refers to securities pledged by a bank to secure deposits of public monies.

Commercial Paper: Unsecured promissory notes issued to finance short term credit needs, with maturities ranging from 2 to 270 days. Unsecured promissory notes are issued to finance short term credit needs. The paper must be of "prime" quality of the highest ranking, or of the highest letter and numerical rating as provided by Moody's or Standard & Poor's. Eligible paper is further limited to issuing corporations that are organized and operate within the United States, have total assets in excess of $500 million, and have an 'A1‐P1' rating for its debt from Moody's or Standard & Poor's.

Comprehensive Annual Financial Report (CAFR): The official annual report for the City. It also includes supporting schedules necessary to demonstrate compliance with finance‐related legal and contractual provisions, extensive introductory material, and a detailed Statistical Section.

Corporate Notes and Bonds: Debt instruments, typically unsecured, issued by corporations, with original maturities in most cases greater than one year and less than ten years. Medium term notes (MTN) are unsecured, corporate and depository institution debt obligations. Allowable medium term notes must be issued by corporations organized and operating within the United States (U.S.) or by depository institutions licensed by the U.S. or any state and operating within the U.S. MTNs must be rated “A” or better by Moody’s or Standard and Poor’s.

Coupon: (a) The annual rate of interest that a bond’s issuer promises to pay the bondholder on the bond’s face value and (b) a certificate attached to a bond evidencing interest due on a payment date.

Credit Rating: Various alphabetical and numerical designations used by institutional investors, Wall Street underwriters, and commercial rating companies to give relative indications of bond and note creditworthiness. Standard & Poor’s and Fitch Ratings use the same system, starting with their highest rating, of AAA, AA, A, BBB, BB, B, CCC, CC, C, and D for default. Moody’s Investors Service uses Aaa, Aa, A, Baa, Ba, B, Caa, Ca, C, and D. Each of the services use pluses (+), minuses (‐), or numerical modifiers to Packet Page 32 of 977Attachment 11 Page 12 of 19

Exhibit D
indicate steps within each category. The top four letter categories are considered investment grade ratings.

Credit Risk: The chance that an issuer will be unable to make scheduled payments of interest and principal on an outstanding obligation. Another concern for investors is that the market’s perception of a corporation’s credit will cause the market value of a security to fall, even if default is not expected.

CUSIP Number: The Committee on Uniform Security Information Procedures (CUSIP) Number refers to a security’s identification number assigned to each publicly traded security by the CUSIP Service Bureau operated by Standard & Poor’s for the American Bankers Association. The CUSIP Number is a nine‐ character identifier unique to the issuer, the specific issue and the maturity, if applicable (the first six characters identifying the issuer, the next two identifying the security and the last digit provides a check digit to validate the accuracy of the preceding CUSIP number).

Custodian: A bank or other financial institution that keeps custody of stock certificates and other assets.

Dealer: A dealer, as opposed to a broker, acts as a principal in all transactions; buying and selling for his/her own account.

Debenture: A bond secured only by the general credit of the issuer.

Defeased Bond Issues: Issues that have sufficient money to retire outstanding debt when due so that the agency is released from the contracts and covenants in the bond document.

Delivery Versus Payment: There are two methods of delivery of securities: delivery versus payment and delivery versus receipt. Delivery versus payment is delivery of securities with an exchange of money for the securities. Delivery versus receipt is delivery of securities with an exchange of a signed receipt for the securities.

Derivatives: Financial instruments whose return profile is linked to, or derived from, the movement of one or more underlying index or security, and may include a leveraging factor, or financial contracts based upon amounts whose value is derived from an underlying index or security (interest rates, foreign exchange rates, equities or commodities).

Discount: The difference between the cost price of a security and its maturity when quoted at lower than face value. A security selling below original offering price after sale is considered sold at a discount.

Discount Securities: Non‐interest‐bearing money market instruments that are issued a discount and redeemed at maturity for full face value, e.g., U.S. Treasury Bills.

Diversification: Dividing investment funds among a variety of securities offering independent returns Duration: A measure of the sensitivity of the price (the value of principal) of a fixed‐income investment to a change in interest rates. Duration is expressed as a number of years. Rising interest rates mean falling bond prices, while declining interest rates mean rising bond prices.

Effective Duration: A measure of the price sensitivity of fixed‐income investments, especially for those with embedded option features such as call options. As yields rise, the effective duration of a callable investment rises to reflect the fact that it has become less likely to be called. The more rates rise, the longer the effective duration will become, approaching the duration to maturity. The converse is true in a declining interest rate environment (that is, the more rates fall, the shorter the effective duration will become, approaching the duration to call). For securities without an embedded option, the duration to call, maturity, and effective duration are all the same.

Extendable Notes: Securities with maturity dates that can be extended by mutual agreement between the issuer and investor. When investing in these types of securities, the maturity date plus the stated extendable option must not exceed the time frames that are allowed in California Government Code or the investment policy for the investment type.

Federal Credit Agencies: Agencies of the Federal government set up to supply credit to various classes of institutions and individuals, e.g., banks, small business firms, students, farmers, farm cooperatives, and exporters.

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Exhibit D
Federal Deposit Insurance Corporation (FDIC): A federal agency that insures bank deposits, up to $250,000 per deposit.

Federal Funds Rate: The rate of interest at which Fed funds are traded. This rate is currently pegged by the Federal Reserve through open‐market operations.

Federal Home Loan Banks (FHLB): Government sponsored wholesale banks which lend funds and provide correspondent banking services to member commercial banks, thrift institutions, credit unions and insurance companies. The mission of the FHLBs is to liquefy the housing related assets of its members who must purchase stock in their district Bank.

Federal Home Loan Mortgage Corporation (FHLMC or Freddie Mac): A United States government sponsored corporation.

Federal National Mortgage Association (FNMA or Fannie Mae): FNMA, like GNMA, was chartered under the Federal National Mortgage Association Act in 1938. FNMA is a federal corporation working under the auspices of the Department of Housing and Urban Development (HUD). It is the largest single provider of residential mortgage funds in the United States. Fannie Mae, is a private stockholder‐owned corporation and its purchases include a variety mortgages and second loans, in addition to fixed rate mortgages.

FNMA’s securities are also highly liquid and are widely accepted. FNMA assumes and guarantees that all security holders will receive timely payment of principal and interest.

Federal Open Market Committee (FOMC): Consists of seven members of the Federal Reserve Board and five of the twelve Federal Reserve Bank Presidents. The President of the New York Federal Reserve Bank is a permanent member, while the other Presidents serve on a rotating basis. The Committee periodically meets to set Federal Reserve guidelines regarding purchases and sales of Government Securities in the open market as a means of influencing the volume of bank credit and money.

Federal Reserve System: The central bank of the United States created by Congress and consisting of a seven‐member Board of Governors in Washington, D.C., 12 regional banks and about 5,700 commercial banks that are members of the system.

Fiduciary: A person who holds something in trust for another and bears liability for its safekeeping.

First Tier Securities: Securities that have received short‐term debt ratings in the highest category from the requisite nationally recognized statistical‐rating organizations (NSROS), or are comparable unrated securities, or are issued by money market funds, or government securities. [See sec Rules: Paragraph (a)(12) of rule 2a‐7]
Government Accounting Standards Board (GASB): A standard‐setting body, which prescribes standard accounting practices for governmental units.

Government National Mortgage Association (GNMA or Ginnie Mae): Securities influencing the volume of bank credit guaranteed by GNMA and issued by mortgage bankers, commercial banks, savings and loan associations, and other institutions. Security holder is protected by full faith and credit of the U.S. Government. Ginnie Mae securities are backed by the FHA, VA or FMHA mortgages. The term “pass‐throughs” is often used to describe Ginnie Maes.

Guaranteed Investment Contracts (GICS): An agreement acknowledging receipt of funds for deposit, specifying terms for withdrawal, and guaranteeing a rate of interest.

Interest: The amount a borrower pays to a lender for the use of his or her money.

Interest Rate Risk: The potential for a decline in bond prices and the market value of bonds in the portfolio, due to rising market interest rates. In general, bond prices vary inversely with interest rates. The change in a bond’s price depends on several factors, including its maturity date. In general, bonds with longer maturities are more sensitive to changes in interest rates than bonds with shorter maturities.

Similarly, bond funds with longer average portfolio maturities, such as the CalTRUST Medium‐Term and Packet Page 34 of 977Attachment 11 Page 14 of 19

Exhibit D
Long‐Term Accounts, will be more sensitive to interest rate changes than those with shorter average portfolio maturities, such as the CalTRUST Short‐Term account.

Investment Agreements: Investment agreements are contracts with respect to funds deposited by an investor. Investment agreements are often separated into those offered by banks and those offered by insurance companies. In the former case, they are sometimes referred to as “bank investment contracts.” Liquidity: A liquid asset is one that can be converted easily and rapidly into cash without a substantial loss of value. In the money market, a security is said to be liquid if the spread between bid and asked prices is narrow and reasonable size can be done at those quotes.

Liquidity Risk: The chance that a security, sold prior to maturity, will be sold at a loss of value. For a local agency, the liquidity risk of an individual investment may not be as critical as how the overall liquidity of the portfolio allows the agency to meet its cash needs.

Local Agency Investment Fund (LAIF): The aggregate of all funds from political subdivisions that are placed in the custody of the State Treasurer for investment and reinvestment. LAIF was created in the California State Treasury by Section 17429 GC. LAIF holds local government funds in trust in a state investment pool in order to provide safety, liquidity and the benefits of the investment pool yield for local government entities invested in LAIF.

Market Risk: The price at which a security is trading and could be presumably be purchased or sold. In general, as interest rates fall, prices of fixed income securities rise.

Similarly, as interest rates rise, prices fall. Market risk also is referred to as systematic risk that affects all securities within an asset class similarly.

Market Value: The price at which a security is trading and could presumably be purchased or sold on a specific date.

Master Repurchase Agreement: A written contract covering all future transactions between the parties to repurchase and reverse repurchase agreements that establish each party’s rights in the transactions. A master agreement will often specify, among other things, the right of the buyer‐lender to liquidate the underlying securities in the event of default by the seller borrower.

Maturity: The date upon which the principal or stated value of an investment becomes due and payable.

Money Market: The market in which short‐term debt instruments (bills, commercial paper, bankers’ acceptances, etc.) are issued and traded. Rule 2a‐7 of the Investment Company Act applies to Money Market Funds, which mandates these funds to maintain certain standards, including a 13‐month maturity limit and a 90 day average maturity on investments, to maintain a constant net asset value of $1.00.

Mortgage Backed Securities (MBS): Mortgage‐backed securities (MBS) are created when a mortgagee or a purchaser of residential real estate mortgages creates a pool of mortgages and markets undivided interests or participations in the pool. MBS owners receive a prorata share of the interest and principal cash flows (net of fees) that are “passed through” from the pool of mortgages. MBS are complex securities whose cash flows are determined by the characteristics of the mortgages that are pooled together.

Investors in MBS face prepayment risk associated with the option of the underlying mortgagors to pre‐ pay or payoff their mortgage. Most MBS are issued and/or guaranteed by federal agencies and instrumentalities (e.g., Government National Mortgage Association (GNMA), Federal National Mortgage Association (FNMA), and Federal Home Loan Mortgage Corporation (FHLMC)).

Mortgage Pass‐Through Obligations: Securities that are created when residential mortgages (or other mortgages) are pooled together and undivided interests or participations in the stream of revenues associated with the mortgages are sold.

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Exhibit D
Mutual Funds: An investment company that pools money and can invest in a variety of securities, including fixed‐income securities and money market instruments.

National Association of Securities Dealers (NASD): A self‐regulatory organization (SRO) of brokers and dealers in the over the counter securities business. Its regulatory mandate includes authority over firms that distribute mutual fund shares as well as other securities.

Nationally Recognized Statistical Rating Organizations (NSROs): Credit rating agencies whose ratings are permitted to be used for regulatory purposes such as Securities and Exchange Commission.

Negotiable Certificate of Deposit (NCD): A large denomination certificate of deposit which can be sold in the open market prior to maturity. Generally, it is a short‐term debt instrument that usually pays interest and is issued by a bank, savings or federal association, state or federal credit union, or state‐licensed branch of a foreign bank. The majority of negotiable CDs mature within six months, while the average maturity is two weeks. Negotiable CDs are traded in a secondary market and are payable upon order to the bearer or initial depositor (investor). These instruments are supported only by the strength of the institution issuing them.

Net Asset Value (NAV): A term used in the mutual fund industry to determine the average price per share of a pool or mutual fund. How this measure varies over time provides information on whether the pool is stable or variable. NAV is the market value of all securities in a mutual fund, less the value of the fund’s liabilities, divided by the number of shares in the fund outstanding. Shares of mutual funds are purchased at the fund’s offered NAV.

Net Present Value: An amount that equates future cash flows with their value in the present terms.

Non‐Negotiable Certificates of Deposit: Funds deposited in nationally or state‐chartered bank or state or federal association for a specified period of time at a specified rate of interest. The first $250,000 is guaranteed by the Federal Deposit Insurance Corporation (FDIC) for banks, the Federal Savings and Loan Insurance Corporation (FSLIC) for savings and loan associations and the National Credit Union Share Insurance Fund (NCUSIF) for credit unions. CDs with a face value in excess of $250,000 must be collateralized at 110% of market value with pledged securities of the bank.

Note: A written promise to pay a specified amount to a certain entity on demand or on a specified date.

Usually bearing a short‐term maturity of a year or less (though longer maturities are issued—see “Medium‐Term Note”).

Offer: The price asked by a seller of securities. When you are buying securities, you ask for an offer. See Asked and Bid.

Open Market Operations: Purchases and sales of government and certain other securities in the open market by the New York Federal Reserve Bank as directed by the FOMC in order to influence the volume of money and credit in the economy. Purchases inject reserves into the bank system and stimulate growth of money and credit; sales have the opposite effect. Open market operations are the Federal Reserve’s most important and most flexible monetary policy tool.

Options: A contract that gives the buyer the right to buy or sell an obligation at a specified price for a specified time. Exchange Traded Options are standardized option contracts that are actively traded on the Chicago Board of Exchange on a daily basis, whereas over the counter options are traded directly between the buyer and seller at agreed upon prices and conditions (the former type of option is therefore more liquid than the latter).

Par Amount or Par Value: The principal amount of a note or bond which must be paid at maturity. Par, also referred to as the “face amount” of a security, is the principal value stated on the face of the security. A par bond is one sold at a price of 100 percent of its principal amount.

Portfolio: Collection of securities held by an investor.

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Exhibit D
Premium: The amount by which the price paid for a security exceeds the security’s par value. Investors pay a premium to purchase a security when the return to the investor (yield) is lower than the stated coupon (interest rate) on the investment.

Price: Price is the amount of monetary consideration required by a willing seller and a willing buyer to sell an investment on a particular date.

Primary Dealer: A group of government securities dealers who submit daily reports of market activity and positions and monthly financial statements to the Federal Reserve Bank of New York and are subject to its informal oversight. Primary dealers include the Securities and Exchange Commission (SEC), registered securities broker‐dealers and banks.

Principal: The face value or par value of a debt instrument, or the amount of capital invested in a given security.

Prospectus: A legal document that must be provided to any prospective purchaser of a new securities offering registered with the SEC that typically includes information on the issuer, the issuer’s business, the proposed use of proceeds, the experience of the issuer’s management, and certain certified financial statements (also known as an “official statement”).

Prudent Person Rule: An investment standard. In some states the law requires that a fiduciary, such as a trustee, may invest money only in a list of securities selected by the custody state, the so‐called legal list.

In other states the trustee may invest in a security if it is one which would be bought by a prudent person of discretion and intelligence who is seeking an income and preservation of capital.

Qualified Public Depositories: A financial institution which does not claim exemption from the payment of any sales or compensating use or ad valorem taxes under the laws of this state, which has segregated for the benefit of the commission eligible collateral having a value of not less than its maximum liability and which has been approved by the Public Deposit Protection Commission to hold public deposits.

Rate of Return: The yield obtainable on a security based on its purchase price or its current market price. This may be the amortized yield to maturity, on a bond it is the current income return.

Reverse Repurchase Agreements: An agreement of one party (for example, a financial institution) to purchase securities at a specified price from a second party (such as a public agency) and a simultaneous agreement by the first party to resell the securities at a specified price to the second party on demand or at a specified date.

Repurchase Agreement (RP OR REPO): A holder of securities sells these securities to an investor with an agreement to repurchase them at a fixed price on a fixed date. The security “buyer” in effect lends the “seller” money for the period of the agreement, and the terms of the agreement are structured to compensate him for this. Dealers use RP extensively to finance their positions. One exception is when the Federal Reserve is said to be doing RP, it is lending money that is increasing bank reserves.

Risk: The uncertainty of maintaining the principal or interest associated with an investment due to a variety of factors.

Rule G‐37 of the Municipal Securities Rulemaking Board: Federal regulations to sever any connection between the making of political contributions and the awarding of municipal securities.

Safekeeping: A service to customers rendered by banks for a fee, whereby securities and valuables of all types and descriptions are held in the bank’s vaults for protection.

Safety: In the context of investing public funds, safety relates to preserving the principal of an investment in an investment portfolio; local agencies address the concerns of safety by controlling exposure to risks.

Secondary Market: A market made for the purchase and sale of outstanding issues following the initial distribution.

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Exhibit D
Securities & Exchange Commission: Agency created by Congress to protect investors in securities transactions by administering securities legislation.

SEC Rule 15C3‐1: See Uniform Net Capital Rule.

Settlement Date: The date when a trade is cleared by delivery of securities against funds Structured Notes: Notes issued by Government Sponsored Enterprises (FHLB, FNMA, FHLB, etc.) and Corporations, which have imbedded options (e.g., call features, step‐up coupons, floating rate coupons, and derivative based returns) into their debt structure. Their market performance is impacted by the fluctuation of interest rates, the volatility of the imbedded options and shifts in the shape of the yield curve.

Swap: A swap is any financial transaction that involves the simultaneous purchase of a security and the sale of another for the purpose of enhancing an investor’s portfolio. Swap transactions of interest to California public investors include portfolio swaps and interest rate swaps.

Tax and Revenue Anticipation Notes (TRANS): Notes issued in anticipation of receiving tax proceeds or other revenues at a future date.

Time Deposits: Issued by depository institutions against funds deposited for a specified length of time. Time deposits include instruments such as deposit notes. They are distinct from certificates of deposit (CDs) in that interest payments on time deposits are calculated in a manner similar to that of corporate bonds, whereas interest payments on CDs are calculated similar to that of money market instruments.

Treasury Bills: A non‐interest‐bearing discount security issued by the U.S. Treasury to finance the national debt. Most bills are issued to mature in three months to one year.

Treasury Bonds: Long‐term coupon‐bearing U.S. Treasury securities issued as direct obligations of the U.S.

Government and having initial maturities of more than 10 years.

Treasury Notes: Medium‐term coupon‐bearing U.S. Treasury securities issued as direct obligations of the U.S. Government and having initial maturities from two to 10 years.

Trustee: A financial institution with powers to act in a fiduciary capacity for the benefit of the bondholders in enforcing the terms of the bond contract.

Underwriter: A dealer that purchases a new issue of municipal securities for resale.

Uniform Net Capital Rule: Securities and Exchange Commission requirement that member firms as well as nonmember broker‐dealers in securities maintain a maximum ratio of indebtedness to liquid capital of 15 to 1; also called net capital rule and net capital ratio.

Indebtedness covers all money owed to a firm, including margin loans and commitments to purchase securities, one reason new public issues are spread among members of underwriting syndicates. Liquid capital includes cash and assets easily converted to cash.

U.S. Treasury Obligations: These are debt obligations of the U.S. Government sold by the Treasury Department in the forms of bills, notes, and bonds, for which the full faith and credit of the United States are pledged for the payment of principal and interest. Bills are short‐term obligations that mature in one year or less and are sold at a discount. Notes are obligations that mature between one year and ten years.

Bonds are long‐term obligations that generally mature in ten years or more.

Weighted Average Maturity (WAM): The average maturity of all the securities that comprise a portfolio that is typically expressed in days or years Yield (Yield to Maturity, Yield to Call or Yield to Worst): The rate of annual income return on an investment, expressed as a percentage. Income yield is obtained by dividing the current dollar income by the current market price for the security. Net Yield or Yield to Maturity is the current income yield minus any premium above par or plus any discount from par in purchase price, with the adjustment spread over the period from the date of purchase to the date of maturity of the bond.

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Exhibit D
Yield Curve: A graphical representation of the yield on bonds, notes or bills of the same type and credit risk at a specific date for maturities up to thirty years.

Zero Coupon Security: A security that is issued at a discount and makes no periodic interest payments.

The rate of return consists of an accretion of the principal and is payable at par upon maturity.

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Agenda Item No: 5.

AGENDA REPORT
DATE:June 20, 2023
TO:Mayor and City Council
FROM:David Gassaway, City Manager
SUBJECT:Approval of Meeting Minutes from May 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 May 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
Packet Page 40 of 977

Agenda Item No: 5.AGENDA REPORTDATE:June 20, 2023 TO:Mayor and City CouncilFROM:David Gassaway, City ManagerSUBJECT:Approval of Meeting Minutes from May 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 May 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
Closed Session Minutes 05022023
City Council Minutes 05022023
Closed Session Minutes 05162023
City Council Minutes 05162023
Study Session Minutes 05262023
REVIEWERS:

Reviewer Action Date
Beavers, Esther Approved 6/6/2023 10:11 AM
Packet Page 41 of 977

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CITY OF FAIRFIELD

FAIRFIELD CITY COUNCIL
& HOUSING AUTHORITY

SPECIAL MEETING

CLOSED SESSION
TUESDAY, MAY 2, 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

Mayor Cat Moy called the meeting to order at 5:00 p.m. City Attorney David Lim called roll.

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

Patrice Williams, Vice Mayor Pam Bertani, and Mayor Cat Moy. Also present were City Manager David Gassaway, City Attorney David Lim, and Attorney Peter Glaessner.

No one was present via Zoom.

No one asked to speak at public comment.

The City Council went into a closed session on Item #1 (Taylor v. City of Fairfield) with attorney Peter Gleassner, City Attorney David Lim, and City Manager David Gassaway. Mr. Glaessner left the closed session at the end of Item #1.

The City went into a closed session on Item #2 (Police Activities League Building real property negotiations) with Police Chief Dan Marshall, Jennifer Rice, Mr. Gassaway, and Mr. Lim.

The City came out of the closed session and went back into the open session. Mayor Moy adjourned the special meeting at 5:45 p.m.

______________________________
City Attorney
________________________________
Mayor Cat Moy
Chair Cat Moy
Packet Page 42 of 977Attachment 1 Page 1 of 1

CITY OF FAIRFIELD

FAIRFIELD CITY COUNCIL

REGULAR MEETING
TUESDAY, MAY 2, 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 6:00 p.m.

ROLL CALL

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

INVOCATION

Vice Mayor Pam Bertani gave an invocation.

PLEDGE OF ALLEGIANCE

Councilmember K. Patrice Williams led the Pledge of Allegiance.

COUNCIL REPORTS

Councilmember Doug Carr reported that he and Councilmember Williams toured the Corporation Yard and learned a lot. Councilmember Carr also added that the Listening Tour and the Blues, Brews, and BBQ was a great success.

Vice Mayor Pam Bertani encouraged residents to attend the Listening Tours. She reminded residents that the National Day of Prayer is on May 4, and a large Juneteenth event is on June 17.

Councilmember Doriss Panduro reported about CAP Solano and the Homeless Landscape Strategy.

She also attended the 7th Annual Motorcycle Training Competition.

Councilmember Rick Vaccaro also reported about CAP Solano and reminded residents to drive safely near schools as graduation will start soon.

Councilmember Scott Tonnesen reported that 701 Texas Street would be a dumpling house. He also mentioned that BMW will open on May 24 at 11 a.m. Councilmember Tonnesen also mentioned that the District 2 Listening Tour will be on June 3. He added that he is moving his business downtown to better connect with the community.

Councilmember K. Patrice Williams reported on Small Business Week. The Solano Hispanic Chamber of Commerce was very active this week, and the Solano Napa Small Business Development Center is a great resource for all small businesses. She highlighted a local business called Euphoria Spa and Boutique that just recently opened. She also attended the ribbon cutting for Mooya Burger and Shakes. Councilmember Williams noted that the Cordelia Community Yard Sale is from May 6-7.

Packet Page 43 of 977Attachment 2 Page 1 of 4

Mayor Catherine Moy reported on the Travis Community Consortium. She also reported on the Solano County Water Agency and land lock.

CITY MANAGER REPORT

City Manager David Gassaway had no report.

CITY ATTORNEY REPORT

City Attorney David Lim reported on action taken in City Council Closed Session on April 18 regarding the worker’s compensation claim for Kennan Sievers. The Worker’s Compensation Appeals Board approved a settlement agreement authorized by the City Council for $75,000.

CITY CLERK REPORT

Deputy City Clerk Esther Beavers reported several seats open on Youth Commission, two for Planning Commission, seven for the Landscape Oversight Committee, and one for the Solano County Commission for Women and Girls.

PRESENTATIONS

1. Proclamation Declaring Public Service Recognition Week Presented by Councilmember Scott Tonnesen

2. Employee Recognition Ceremony

3. City Manager Commendation Awards

PUBLIC COMMENTS

Jeff Trager spoke about upcoming events at the Downtown Theatre.

Bryan Lynch spoke about Councilmember Doriss Panduro and a proclamation for McDonald’s.

Cornelius Wood spoke about the railroad.

CONSENT CALENDAR

4. Resolutions 2023-93 Through 2023-99 of the City Council of the City of Fairfield Granting Preliminary Approval of Fiscal Year 2023-2024 Engineer’s Reports, Declaring Intention to Order the Levy and Collection of Assessments, and Providing Notice of a Public Hearing for Landscaping and Lighting Maintenance Districts No. 10 – Southbrook, No. 14 – Woodlake, No. 15 – Gold Ridge, No. 16 – Creekside at Cordelia, No. 17 – Chadbourne-Beck-Cordelia, No. 18 – Gold Ridge Park, and No. 19 – Corporate Commons

5. Resolution 2023-100 of the City Council of the City of Fairfield Accepting the Subdivision Improvements for the Goldhill Village III as Complete

6. Resolution 2023-101 of the City Council of the City of Fairfield Authorizing the City Manager to Purchase Five Vehicles for Fixed Route, Paratransit, and Microtransit Operations $320,096.52; Transportation Development Act Funds

Packet Page 44 of 977Attachment 2 Page 2 of 4

7. Resolution 2023-103 of the City Council of the City of Fairfield Local Support Authorizing the Filing of an Application for Funding Assigned to the Metropolitan Transportation Commission and Committing Any Necessary Matching Funds and Stating the Assurance to Complete the Travis Safe Route to School and Transit Project; and

Resolution 2023-104 of the City Council of the City of Fairfield Local Support Authorizing the Filing of an Application for Funding Assigned to the Metropolitan Transportation Commission and Committing Any Necessary Matching Funds and Stating the Assurance to Complete the Linear Park Node 4 Project

8. Resolution 2023-105 of the City Council of the City of Fairfield Authorizing the Director of Public Works to Execute Baseline Agreements with the California Transportation Commission for Federal and State Funded Projects

9. Resolution 2023-106 of the City Council of the City of Fairfield Authorizing the City Manager to Execute Contractor Services Agreement Between the City of Fairfield and Life Scan Wellness Centers

Councilmember Rick Vaccaro made a motion to approve the Consent Calendar as presented. Vice Mayor Pam Bertani seconded the motion. The motion carried unanimously (7 -0).

NEW BUSINESS

10. Senior Management Analyst Chris Lewis recommended to Council that it approve Resolutions 2023-107 Through 2023-113 of the City Council of the City of Fairfield Taking Action in Connection with Casting Assessment Ballots for City-Owned Parcels of Land in Proposed Fairfield Landscaping and Lighting Maintenance District Nos. 2023-3 (Waterman Highlands), 2023-5 (Rancho Solano), 2023-6 (Peppertree), 2023-7 (Rolling Hills), 2023-11 (Paradise Valley), 2023-12 (Downtown Business District), and 2023-13 (North Cordelia).

SPEAKERS

The following individuals spoke about the Landscaping and Lighting Maintenance Districts: Rick Johnson, Sue Campbell, June Johnsen (on behalf of Carol Hummel), and again, June Johnsen.

Zach Ziadch spoke about Proposition 218.

Councilmember Doug Carr made a motion to approve Resolution 2023-107 in favor of the proposed assessment. Vice Mayor Pam Bertani seconded the motion. The motion carried unanimously (7-0).

Councilmember Vaccaro recused himself from Resolution 2023-108 and left the chamber. Councilmember Scott Tonnesen made a motion to approve Resolution 2023-108 to not submit the assessment ballots for City-owned parcels of land in the Proposed District. Vice Mayor Pam Bertani seconded the motion. The motion carried 6-0. Councilmember Vaccaro returned to the dais.

Councilmember Doug Carr made a motion to approve Resolution 2023-109 in favor of the proposed assessment. Vice Mayor Pam Bertani seconded the motion. The motion carried unanimously (7-0).

Vice Mayor Pam Bertani recused herself from Resolution 2023-110 and left the chamber. Mayor Moy made a motion to approve Resolution 2023-110 in favor of the proposed assessment. Councilmember Doug Carr seconded the motion. The motion carried 6-0. Vice Mayor Bertani returned to the dais.

Councilmember Scott Tonnesen made a motion to approve Resolution 2023-111 in favor of the proposed assessment. Councilmember Doug Carr seconded the motion. The motion carried unanimously (7-0).

Packet Page 45 of 977Attachment 2 Page 3 of 4

Councilmember Scott Tonnesen recused himself from Resolution 2023-112 and left the chamber.

Councilmember Rick Vaccaro made a motion to approve Resolution 2023-112 in favor of the proposed assessment. Councilmember Doriss Panduro seconded the motion. The motion carried 6-0, Councilmember Scott Tonnesen returned to the dais.

Vice Mayor Pam Bertani made a motion to approve Resolution 2023-113 in favor of the proposed assessment. Councilmember Williams seconded the motion. The motion carried unanimously (7-0)

Councilmember Williams requested to agendize the rate at which to levy for the Downtown Business District. Councilmember Williams made a motion to agendize the rate at which to levy for the Downtown Business District, and Councilmember Tonnesen seconded the motion. Mayor Moy, who has the authority to agendize items at the request of two Councilmembers, asked staff to agendize the item. No vote was taken.

PUBLIC HEARINGS

11. Councilmember Scott Tonnesen recused himself from this agenda item and left the chambers.

Senior Management Analyst LaTanya Terrones recommended to Council that it approve open the Public Hearing; and approve Resolution 2023-114 of the City Council of the City of Fairfield Authorizing the City Manager to Submit the Community Development Block Grant Annual Action Plan for Fiscal Year 2023-2024 to the U.S. Department of Housing and Urban Development and Execute the Funding Agreements for the 2023-2024 Fiscal Year

Mayor Moy opened the public hearing.

There were no speakers at the public hearing.

Mayor Moy closed the public hearing.

Mayor Cat Moy made a motion to approve Resolution 2023 -114. Vice Mayor Pam Bertani seconded the motion. The motion carried 6-0.

ADJOURNED THE MEETING AT 8:11 P.M. TO TUESDAY, MAY 16, 2023, 6:00 P.M., COUNCIL CHAMBER.

__________________________________
City Clerk

_______________________________
Mayor
Packet Page 46 of 977Attachment 2 Page 4 of 4

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CITY OF FAIRFIELD

FAIRFIELD CITY COUNCIL

CLOSED SESSION
TUESDAY, MAY 16, 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

Mayor Cat Moy called the meeting to order at 5:00 p.m. City Attorney David Lim called roll.

Councilmembers Doug Carr, Doriss Panduro, Scott Tonnesen, K. Patrice Williams, Vice Mayor Pam Bertani, and Mayor Cat Moy were present in person . Councilmember Rick Vaccaro was absent. Also present were Acting City Manager Farbod Pirouzmand, City Attorney David Lim, Dwayne Dalman, and Jennifer Rice.

A member of StockFive company was present via Zoom but did not wish to speak. Another member of the public was present via Zoom but did not wish to speak. No one asked to speak at public comment. The members of the public were sent into the Zoom waiting room and ultimately l ogged off.

The City Council went into closed session on Item #1 (StockFive real estate negotiations) with Acting City Manager Farbod Pirouzmand, City Attorney David Lim, and City employees Jennifer Rice and Dwayne Dalman. Ms. Rice and Mr. Dalman left th e meeting at the end of Item #1.

The City went into closed session on Items #2, #3, and #4 (Edward Dayton) with Acting City Manager Farbod Pirouzmand, and City Attorney David Lim.

The City came out of closed session and went back into open session. Mayor Moy adjourned the special meeting at 5:32 p.m.

______________________________
City Attorney
________________________________
Mayor

Packet Page 47 of 977Attachment 3 Page 1 of 1

CITY OF FAIRFIELD

FAIRFIELD CITY COUNCIL

CONCURRENT MEETING
TUESDAY, MAY 16, 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 6:00 p.m.

ROLL CALL

On roll call were Councilmembers Doug Carr, Doriss Panduro, Scott Tonnesen, Rick Vaccaro, and K.

Patrice Williams, Vice Mayor Pam Bertani, and Mayor Moy.

INVOCATION

Andre David Sr. of the Band of Believers Ministry gave an invocation.

PLEDGE OF ALLEGIANCE

Vice Mayor Bertani led the Pledge of Allegiance.

COUNCIL REPORTS

Councilmember Williams shared a very special story about how she encountered the realtor who sold her parents’ home to her and her family seven years ago at the recent Annual Cordelia Village Community Garage Sale.

Councilmember Tonnesen thanked several audience members for their role in starting the Fairfield Pickleball League: Derek, Jane, and Janet. He also thanked George Kennedy, the “pickleball ambassador” of Fairfield, and shared that he is now a regional director of California and beyond!

Councilmember Vaccaro said he hoped everyone had a wonderful Mother’s Day weekend. He reported he attended the 7th annual National Travel and Tourism Week celebration at Caymus-Suisun Winery, where President and CEO of Visit Fairfield Anand Patel spoke.

Councilmember Panduro reported she attended a Solano County Farm Bureau meet and greet with Solano County Supervisor Wanda Williams. She stated it was great to meet the farmers and vintners who play an integral role in our agriculture. Lastly, she reported attending the world-renowned VOENA Children’s Choir concert at the Downtown Theatre, which was fabulous. She encouraged the community to check out the theatre.

Vice Mayor Bertani invited the community to the Juneteenth celebration at the Solano Greens on Saturday, June 17. She stated she looked forward to seeing residents at the next City Council Listening Tour on Saturday, June 3, from 11 a.m. to 1 p.m. at the Chamber of Commerce . This event is focused on District 2; however, everyone is welcome. Visit Fairfield.ca.gov/listen for the schedule.

Packet Page 48 of 977Attachment 4 Page 1 of 4

Councilmember Carr invited the community to the weekly Farmers’ Market in downtown Fairfield every Thursday from 3-7 p.m. held on Solano Greens. He reported he attended a ribbon cutting at Fred’s Burgers on N. Texas Street. Next, he reported that the free Summer Concert Series got off to a great start on May 12 and that the next concert is on May 26 in Dover Park. Lastly, he reported that he met with Human Resources Director Farbod Pirouzmand and got an overview of the HR Department.

Mayor Moy reported that she sits on the Solano Transportation Authority (STA) Board. She shared that their 2022 annual report is very informative. She spoke about how Markley Lane near Vanden High School is in dire need of repair. She is working with the STA, Vacaville Mayor John Carli, and Solano County Supervisor Mitch Mashburn to see how they can best advocate for the $5 million needed to address the problems to make the road safer. Next, Mayor Moy reported that she attended a Common Ground meeting at Holy Spirit Church on May 15 with Supervisor Wanda Williams and members of Fairfield Police, regarding safety at and around Fairfield schools. She reported that Councilmember Williams was sworn into the Solano Safe Routes 2 School Board. Lastly, she stated it was National Police Week and she thanked the Police Department for their excellence and dedication.

CITY MANAGER REPORT

Acting City Manager Farbod Pirouzmand had nothing to report.

CITY ATTORNEY REPORT

City Attorney David Lim had nothing to report.

CITY CLERK REPORT

City Clerk Karen Rees reported that the Clerk’s Office is recruiting for two new planning commissioners, seven Landscape Oversight Committee seats (one for each district and one at -large), and that Youth Commission recruitment is ongoing.

PRESENTATIONS

1. Fairfield Poet Laureate Suzanne Bruce read her poem entitled “Heritage,” and Councilmember Vaccaro presented a proclamation declaring it Asian & Pacific Islander Heritage Month to C.C. Yin, chairman and co-founder of the Asian Pacific Islander Public Affairs Association.

2. Councilmember Williams presented a proclamation declaring it National Public Works Week to Director of Public Works Paul Kaushal.

3. Councilmember Carr presented a proclamation declaring Building Safety Month to Chief Building Official Jeff Thomas.

4. Councilmember Panduro presented a proclamation in Celebration of Jeff Trager in recognition of his 80th birthday and his 56 years in the music promotion business.

PUBLIC COMMENTS

Martin Fleischer, David Baker, and Victoria Cook discussed LLMDs in Rancho Solano.

Jeff Trager spoke about upcoming events at the Downtown Theatre.

Packet Page 49 of 977Attachment 4 Page 2 of 4

Bryan Lynch spoke about his neighborhood and announced he’s moving to Truckee.

Alanna, Angela Taylor, and Jessica Howell discussed the need for after-school care in the Travis Unified School District.

Dennis Green spoke about personal issues.

Convened meeting of the Housing Authority at 7:21 p.m.

City Clerk Rees read the following statement: 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

On roll call were Commissioners Carr, Panduro, Tonnesen, Vaccaro, and Williams; Vice Chair Bertani and Chair Moy.

HOUSING AUTHORITY PUBLIC HEARINGS

5. Housing Authority Division Manager Tanya Tran recommended to the Housing Authority Commission to open the public hearing; and approve Resolution HA 2023-02 of the Fairfield Housing Authority Approving the Fairfield Housing Authority's Public Housing Agency Annual Plan for Fiscal Year 2023-2024

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

Vice Chair Bertani made a motion to approve Resolution HA 2023-02. Commissioner Carr seconded the motion. The motion carried unanimously (7-0).

Reconvened the meeting of the City Council at 7:27 p.m.

CONSENT CALENDAR

6. Approval of Meeting Minutes from April 2023

7. Resolution 2023-115 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 2022-2023 Budget

8. Resolution 2023-116 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

9. Resolution 2023-117 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

10. Resolution 2023-118 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 Members

Packet Page 50 of 977Attachment 4 Page 3 of 4

11. Resolution 2023-119 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

12. Resolution 2023-120 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 Off-Ramp and the Travis Boulevard & Eastbound Interstate 80 On-Ramp Intersections

13. Resolution 2023-121 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 2023-122 of the City Council of the City of Fairfield Authorizing Execution of the One Lake Planning Area 5 Interim Wastewater Facilities Agreement

14. Resolution 2023-123 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

15. Resolution 2023-124 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. HSIPL-5132(051) and Authorizing an Update to the Fiscal Year 2022-2023 Budget

16. Resolution 2023-125 of the City Council of the City of Fairfield Authorizing t he City Manager to Issue a Notice to Proceed to Willdan Energy Solutions to Perform an Investment Grade Audit

17. Resolution 2023-126 of the City Council of the City of Fairfield Authorizing the Levy of Special Taxes within Community Facilities District No. 1 for Fiscal Year 2023-2024 Councilmember Tonnesen made a motion to approve the Consent Calendar as presented.

Councilmember Vaccaro seconded the motion. The motion carried unanimously (7-0).

NEW BUSINESS

18. Public Works’ Senior Management Analyst Chris Lewis recommended to Council that it approve Resolution 2023-127 of the City Council of the City of Fairfield Approving a Five-Year Assessment Levy Schedule for the Proposed Landscaping and Lighting Maintenance District No. 2023-12 (Downtown Business District).

Councilmember Tonnesen made a motion to approve Resolution 2023-127. Councilmember Carr seconded the motion. The motion carried unanimously (7-0).

ADJOURNED MEETING AT 7:36 P.M. TO TUESDAY, JUNE 6, 2023, 6:00 P.M., COUNCIL CHAMBER.

___________________________
City Clerk

_______________________
Mayor
Packet Page 51 of 977Attachment 4 Page 4 of 4

CITY OF FAIRFIELD

SPECIAL MEETING

STUDY SESSION
TUESDAY, MAY 23, 2023; 6:00 PM
POLICE TRAINING FACILITY, 1717 REX CLIFT DRIVE,
FAIRFIELD, CA 94533

MINUTES

CALL TO ORDER
Mayor Catherine “Cat” Moy called the meeting to order at 6:00 p.m.

ROLL CALL

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

PRESENTATIONS

1. Director of Finance John Furtado presented the Biennial and Ten-Year Forecast Budget update which included revenue, expense, assumptions, and projections.

There were no requests to speak from the public. No official action was taken. Of the three budget strategy options presented: austerity only, hybrid, or revenue only, the council chose the hybrid approach of using one-time balancing strategies, focusing on future revenue increases and expense reductions.

Director Furtado stated the next steps would be to have staff incorporate council direction into the budget, City Manager Gassaway to review changes by May 29, hold a fiscal year 23/24 & 24/25 proposed budget discussion on June 6 (if needed), and finally, the proposed budget will be presented to council at the June 20 Council meeting for final adoption.

The meeting was adjourned at 7:55 p.m.

____________________________
City Clerk

____________________________
Mayor
Packet Page 52 of 977Attachment 5 Page 1 of 1

Agenda Item No: 6.

AGENDA REPORT
DATE:June 20, 2023
TO:Mayor and City Council
FROM:David Gassaway, City Manager
SUBJECT:Resolution 2023155 of the City Council of the City of Fairfield Authorizing Execution of the Improvement Agreement between the City of Fairfield and Albert D. Seeno Construction Company for the Red Top Road Widening Improvements RECOMMENDED ACTION
Adopt resolution.

STATEMENT OF ISSUE
Albert D. Seeno Construction Co. (Developer) has executed a development agreement with the City requiring the Developer to construct and complete improvements widening Red Top Road between Havenhill Road and Interstate 80 prior to December 31, 2023. The Developer has completed engineering design for the Red Top Road improvements and is ready to begin construction. The recommended action authorizes the city manager to execute an improvement agreement (Agreement) authorizing the Developer to begin construction.

DISCUSSION
Red Top Road is an important gateway for the city and consistently experiences a high volume of weekday traffic when the nearby Rodriguez High School is in session. Red Top Road is currently a two lane roadway. Upon construction completion, Red Top Road will be a fourlane arterial road with two lanes in each direction, consistent with the already widened segment of Red Top Road east of Watt Drive. Furthermore, the roadway improvements include a sixfootwide buffered bicycle lane, providing bicycle connectivity to McGary Road, which is a segment of the Vallejo, Benicia, Fairfield Bicycle Loop.

Red Top Road east of Watt Drive was widened in the late 1980s to support additional vehicular traffic due to new subdivisions construction on the south side of Red Top Road. The Developer owns parcels along Red Top Road west of Watt Drive, and according to the City’s current general plan, these parcels are zoned for lowdensity residential, highdensity residential, regional commercial, and regional commercial – hillside overlay. To support future development along Red Top Road, the Developer is required to construct improvements widening Red Top Road west of Watt Drive, up to the Interstate 80 eastbound onramp and offramp. The Developer is required to complete these widening improvements by December 31, 2023, per the Restated and Amended Development Agreement No. 20141 (DA), Packet Page 53 of 977

Widening improvements shall include adding two additional vehicle lanes on the south side of Red Top Road, with a dedicated eastbound, leftturn pocket into the new Enclave subdivision located on the north side of Red Top Road. During construction, the Developer shall ensure adequate traffic control is in place to minimize any Red Top Road closures. Staff do not anticipate any closures to Red Top Road; however, if necessary, closures will be temporary and Red Top Road will be reopened as quickly as possible.

There are two existing water transmission mains owned by the City of Vallejo that cross underneath Red Top Road within the vicinity of the work. The City of Vallejo has approved the proposed improvements and the Developer and City staff will continue coordinating with the City of Vallejo throughout construction to ensure these transmission mains are unimpacted.

The developer has provided all of the necessary bonds and insurance, and paid the fees required to enter into this Agreement. The developer anticipates starting construction this summer and will minimize disturbances to nearby residents by working within the allowed construction hours between 7 a.m. 5p.m., providing dust control, and conducting public outreach to notify residents of any anticipated construction impacts. During school hours, construction activity shall be limited between 9 a.m.2 p.m.

FINANCIAL IMPACT
There is no cost to the City in constructing the public improvements contemplated under the Agreement.

Acceptance of the public improvements by council will obligate the City to maintain Red Top Road and the public landscape installed along the landscape parkway and within the roadway median. Annual maintenance costs for the streets, sidewalks, streetlights, and storm drainage will come from the General Fund, Gas Tax, and Storm Drainage Maintenance Fees. Landscape improvements will be maintained by the existing Landscape and Lighting Maintenance District No. 16 (Creekside at Cordelia).

PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
N/A
ALTERNATIVE ACTION
The Developer has met the necessary conditions and has provided the proper documents for the Agreement. However, if the council has any questions regarding the public improvements, approval may be postponed until the questions are addressed.

STAFF CONTACT
Alvin Lei, Senior Civil Engineer
(707) 4287476
[email protected]
COORDINATED WITH
City Attorney's Office, Community Development Department ATTACHMENTS:

Description
Proposed Resolution
Proposed Agreement
Red Top Road Vicinity Map
Packet Page 54 of 977

Agenda Item No: 6.AGENDA REPORTDATE:June 20, 2023 TO:Mayor and City CouncilFROM:David Gassaway, City ManagerSUBJECT:Resolution 2023155 of the City Council of the City of Fairfield Authorizing Execution ofthe Improvement Agreement between the City of Fairfield and Albert D. SeenoConstruction Company for the Red Top Road Widening ImprovementsRECOMMENDED ACTIONAdopt resolution.STATEMENT OF ISSUEAlbert D. Seeno Construction Co. (Developer) has executed a development agreement with the Cityrequiring the Developer to construct and complete improvements widening Red Top Road betweenHavenhill Road and Interstate 80 prior to December 31, 2023. The Developer has completedengineering design for the Red Top Road improvements and is ready to begin construction. Therecommended action authorizes the city manager to execute an improvement agreement (Agreement)authorizing the Developer to begin construction.DISCUSSIONRed Top Road is an important gateway for the city and consistently experiences a high volume ofweekday traffic when the nearby Rodriguez High School is in session. Red Top Road is currently a twolane roadway. Upon construction completion, Red Top Road will be a fourlane arterial road with twolanes in each direction, consistent with the already widened segment of Red Top Road east of WattDrive. Furthermore, the roadway improvements include a sixfootwide buffered bicycle lane, providingbicycle connectivity to McGary Road, which is a segment of the Vallejo, Benicia, Fairfield Bicycle Loop.Red Top Road east of Watt Drive was widened in the late 1980s to support additional vehicular trafficdue to new subdivisions construction on the south side of Red Top Road. The Developer owns parcelsalong Red Top Road west of Watt Drive, and according to the City’s current general plan, these parcelsare zoned for lowdensity residential, highdensity residential, regional commercial, and regionalcommercial – hillside overlay. To support future development along Red Top Road, the Developer isrequired to construct improvements widening Red Top Road west of Watt Drive, up to the Interstate 80eastbound onramp and offramp. The Developer is required to complete these widening improvementsby December 31, 2023, per the Restated and Amended Development Agreement No. 20141 (DA),recorded January 14, 2015, as amended by the First Amendment to the DA.Widening improvements shall include adding two additional vehicle lanes on the south side of Red TopRoad, with a dedicated eastbound, leftturn pocket into the new Enclave subdivision located on thenorth side of Red Top Road. During construction, the Developer shall ensure adequate traffic control isin place to minimize any Red Top Road closures. Staff do not anticipate any closures to Red Top Road;however, if necessary, closures will be temporary and Red Top Road will be reopened as quickly aspossible.There are two existing water transmission mains owned by the City of Vallejo that cross underneath RedTop Road within the vicinity of the work. The City of Vallejo has approved the proposed improvementsand the Developer and City staff will continue coordinating with the City of Vallejo throughoutconstruction to ensure these transmission mains are unimpacted.The developer has provided all of the necessary bonds and insurance, and paid the fees required toenter into this Agreement. The developer anticipates starting construction this summer and will minimizedisturbances to nearby residents by working within the allowed construction hours between 7 a.m.5p.m., providing dust control, and conducting public outreach to notify residents of any anticipatedconstruction impacts. During school hours, construction activity shall be limited between 9 a.m.2 p.m.FINANCIAL IMPACTThere is no cost to the City in constructing the public improvements contemplated under the Agreement.Acceptance of the public improvements by council will obligate the City to maintain Red Top Road andthe public landscape installed along the landscape parkway and within the roadway median. Annualmaintenance costs for the streets, sidewalks, streetlights, and storm drainage will come from theGeneral Fund, Gas Tax, and Storm Drainage Maintenance Fees. Landscape improvements will bemaintained by the existing Landscape and Lighting Maintenance District No. 16 (Creekside atCordelia).PUBLIC CONTACT/ADVISORY BODY RECOMMENDATIONN/AALTERNATIVE ACTIONThe Developer has met the necessary conditions and has provided the proper documents for theAgreement. However, if the council has any questions regarding the public improvements, approval maybe postponed until the questions are addressed.STAFF CONTACTAlvin Lei, Senior Civil Engineer(707) 428[email protected] WITHCity Attorney's Office, Community Development DepartmentATTACHMENTS:DescriptionProposed Resolution Proposed Agreement
Red Top Road Vicinity Map
REVIEWERS:

Reviewer Action Date
Panganiban, Ryan Approved 6/8/2023 8:40 PM
Kaushal, Paul Approved 6/8/2023 9:13 PM
Beavers, Esther Approved 6/9/2023 2:53 PM
Beavers, Esther Approved 6/9/2023 2:54 PM
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CITY OF FAIRFIELD

RESOLUTION NO. 2023-155

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAIRFIELD AUTHORIZING EXECUTION OF THE IMPROVEMENT AGREEMENT BETWEEN THE CITY OF FAIRFIELD AND ALBERT D. SEENO

CONSTRUCTION COMPANY FOR THE RED TOP ROAD WIDENING IMPROVEMENTS

WHEREAS, Albert D. Seeno Construction Co. (Developer) has requested that the city council approve an improvement agreement to install and construct street and landscape improvements widening Red Top Road between Havenhill Road and Interstate 80 ; and

WHEREAS, the city engineer has found the engineering design to be reasonable and consistent with the current City Standard Specifications and Details; and

WHEREAS, the Developer has provided all of the necessary bonds and insurance, and paid the fees required to enter into this improvement agreement.

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

Section 1. The city manager is authorized and directed to execute, on behalf of the City, that certain improvement agreement between the City and Albert D. Seeno Construction Co.

Section 2. The plans and specifications for the Red Top Road Expansion are hereby approved.

Section 3. The city engineer is authorized and directed to sign and approve the engineering plans and final map associated with this subdivision improvement agreement.

Section 4. The city manager is hereby authorized to do all things necessary and proper to implement the above-mentioned agreement.

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RES. NO. 2023-155

Page 2 ends

PASSED AND ADOPTED this 20th day of June, 2023, by the following vote:

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

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

MAYOR
ATTEST:

____________________________

CITY CLERK
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CITY OF FAIRFIELD

IMPROVEMENT AGREEMENT
Red Top Road Expansion
ALBERT D. SEENO CONSTRUCTION COMPANY
THIS IMPROVEMENT AGREEMENT ("Agreement"), for purposes of identification dated , 2023 is made and entered into by and between the CITY OF ------ FAIRFIELD, a California municipal corporation, hereinafter referred to as "City," and ALBERT D. SEENO CONSTRUCTION COMPANY, a California Limited Partnership, hereinafter referred to as "ADS." City and ADS may be collectively referred to as "Parties" or individually as a "Party."
REC ITALS:

A. ADS has presented to City a development plan for land, commonly known as The Enclave at Red Top (the "Development"), located within the corporate limits of the city, the plan having been prepared in accordance with the requirements of the City Engineer.

This Agreement concerns improvements commonly referred to as the Red Top Road Expansion (the "Required Improvements"), all of which are B.
incor porated into the plans and specifications of the Development.

In accordance with Section 3(g) of the Restated and Amended Development Agreement No. 2014-1, recorded January 14, 2015, and as amended by the First Amendment to the Restated and Amended Development Agreement No. 2014-1, per City Council Ordinance No. 2022-13 (collectively referreded to as the "DA"), the Parties agreed that ADS shall construct improvements widening Red Top Road and complete the improvements prior to December 31, 2023.

D. ADS has requested approval of the plans prior to the construction and C.
completion of the Required Improvements, including, but not limited to:
roadway widening improvements between Havenhill Road and the Interstate 80 eastbound on- and off-ramps, public water and sewer main extension, pedestrian sidewalk along the southerly Red Top Road right-of- -1-
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way, roadw ay signing and striping, and new streetlights, along w ith other public facilities and appurtenances as required by the City Engineer and the O rdinances of the City, heretofo re approved by the City Council of the City of Fairf ield.

A G R E E M E N T S:

The Parties hereto agree as fo llows:

1. The G eneral Contractor: City acknow ledges and agrees that A D S is not a licensed contractor but that A DS will be contracting w ith a licensed general contractor (the "G eneral Contractor") who w ill furn ish, construct and install the Required Im provem ents pursuant to this A greem ent. The contract betw een A DS and General Contractor fo r com pletion of the Required Im pro vem ents shall be referred to and incorporated herein as the Construction Contract.

Perform ance of W ork: A DS agrees to furn ish, construct, and install at their 2. ow n expense, or cause to be furn ished, constructed, and installed, all Required Im pro vem ents as show n on the plans and speci fications of the Developm ent, a copy of which is on file in the Office of the C ity Engineer and is incorporated herein by reference, along w ith any changes and m odifications as m ay be required by the City Engineer due to errors of om ission on the plans.

3. W ork; Satisfaction of the City Engineer: A ll of the w or k on the Required Im provem ents is to be done at the places, w ith the m aterials, in the m anner and at the grades, all as show n upon the appro ved plans and specifications and the City's m ost current Standard Specifications and Details as authorized via Fairfield City Council Resolution 2014-93, and to the satisfaction of the City Engineer. No building perm its or occupancy w ill be allow ed fo r any building which fronts on im pro vem ents required by this A greem ent until those im provem ents are constructed and appro ved by the City Engineer and the fo llow ing conditions are satisfied:
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6 .
(a ) T he w ate r sy ste m sh a ll be co nstructe d , te sted (b a cte rio lo g ica lly and pre ssu re ) a nd any fire hy d ra n ts bro u g ht to grad e .
(b ) A ll curb and gu tt e r sh a ll be co n struc te d . (c) A n all-w ea the r acce s s to the bu ild in g are a w ithin the rig h t-o f- w ay sha ll be co nstructe d co ns istin g of a m in im u m six in c he s of ag g re g a te ba se ro ck .
(d ) S e e S e ctio n 2 1, "A dd itio na l T e rm s and C o n s itio n s ," fo r add itio na l bu ild in g pe rm it re strictio ns .
4 . W ork; T im e fo r C o m m e nc e m e nt a nd P e rf orm a n c e : C ity fixe s the tim e fo r the co m m e n c e m e nt of the w o rk to be do ne on the da y fo llo w in g ap p ro v a l of this A g re e m e nt, and fo r its co m p le tio n to be w ith in tw e lve (12 ) m o nths the re a ft e r. T he G e n e ra l C o ntracto r sha ll a rra ng e a pre -c o n struc tio n m e e tin g be tw e e n the P a rt ie s a nd G e ne ra l C o ntra cto r at le a st fift e e n (15 ) ca le nd a r d a ys prio r to the sta rt of co n struc tio n .

5. T im e of E sse nce ; E xte ns io n : T im e is of the ess e nc e of this A g ree m e nt, but the da te s fo r co m m e nc e m e nt and co m p le tio n of the w o rk m a y be e xte n d e d as he re in pro vid e d . T he C ity E n g in e e r m a y e xte n d tho se da te s fo r de la y s in the w o rk actua lly ca use d by in cl e m e nt w e a the r, rio ts , strike s , lo c ko u ts, fire s, e a rt hq u a ke s , flo o d s and co n d itio ns re s u ltin g the re fr o m . E xte ns io n of the da te s fo r a ny othe r ca use sha ll be m a de o n ly by the C ity C o u n c il. T he C ity E ng in e e r and C ity C o u n c il sha ll be the so le an d fina l ju d g e as to w he the r go o d ca u se ha s be e n sho w n to entitle A D S to' an exte ns io n .

R e q u e st fo r E xte ns io n ; G ra n ting : R e q u e sts fo r exte ns io n of co m m e n ce m e nt a nd co m p le tio n da te sh a ll be in w riting , a n d sha ll be de liv e re d to C ity in the m a n n e r he re ina ft e r sp e ci fi e d fo r se rvic e s of no ti c e s .

E xte n s io n s , if gra nte d , sh a ll be in w ritin g ; a n ora l exte ns io n sha ll no t be va lid fo r an y pu rp o se w ha tso e ve r.
7 . E xte ns io n : N o R e le a se of O b lig a tio ns : In the e v e nt it is de e m e d ne c e ss a ry by the C ity to exte nd the tim e of co m m e n c e m e nt or co m p le tio n of the w o rk to be do ne un d e r this A g re e m e nt be y o nd the da te s sp e c ifi e d he re in , su c h -3-
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e xte nsio n as sha ll be gra nted sha ll in no w ay re le a se any gu a ra nte e give n by A D S pu rsua nt to this A g re e m e nt, o r to re lie ve or re le a se tho se prov id ing im p rove m e nt se c u rity pu rsua nt to this A g ree m e nt. T he su retie s in exe cutin g the bo n d s sh a ll be de e m e d to ha v e ex p ressly ag re e d to any suc h e xte nsio n of tim e .

8. E xte nsio n ; C o nd itio n s : T he granting of a ny exte ns io n m a y be co nd itio ne d up o n A D S pro v id in g C ity w ith ne w o r am e n d e d su re ty bo nd s in am o u nts in c re a se d to re fle ct inc re a se s in the co sts of co nstruc tin g the R e q u ire d Im p rove m e nts tha t ha ve occ urre d prio r to the gra ntin g of the ex te ns io n or a re like ly to occu r prio r to the co m p le tio n of w o rk . 9 . Im p rove m e nt S e cu rity: C o nc urre ntly w ith the exe c utio n he re o f, A D S sh a ll furn ish C ity:
(a ) Im p ro ve m e nt se c urity in the su m of $2,440,000.00, which sum is equal to one hundred ten percent (110%) of the estimated cost of constructing the Required Improvements, rounded up, and the cost of any other obligation to be performed by ADS hereunder, securing the faithful performance of this
Agreement.
(b) Separate improvement security in the sum of $1,220,000.00, which sum is equal to fifty-five percent (55%) of the estimated cost of constructing the Required Improvements, securing payment to the General Contractor, its subcontractors, and to persons furnishing labor, materials, or equipment to them for the construction of the Required Improvements.

The form of the improvement security shall be subject to the approval of the City Attorney. Improvement security shall be reduced or released by City only in the manner provided by the Ordinances of the City. No change, alteration, or addition to the terms of this Agreement or the plans and specifications accompanying the same shall in any manner affect the obligation of those providing improvement security pursuant to this Agreement.
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10. Engineering and Inspection Fee: A DS shall:
(a) Pay to the City an engineering plan check fee of 1.35% of the total cost of the Required Im pro vem ents, as estim ated by the City Engineer, less the initial plan check fee of one percent (1 %) of the total cost paid upon submittal of improvement plans. The total amount of this fee still due is:
(1.35% X $2,211,488.60)- $0.00 = $29,855.10.
(b) Pay to the City an engineering and inspection fee of five and a half percent (5.5%) of the total cost of the Required Improvements as estimated by the City Engineer, being:

5.5% X $2,211,488.60 = $121,631.87.

Fee includes only items of work to be inspected by the City. It is understood that such fee covers only those inspections and engineering work performed by the City during the normal working hours of the City.

11. Hold Harmless Agreement: ADS will indemnify, hold harmless and assume defense of, in any actions of law or in equity, the City of Fairfield, its officers, employees, agents, and elective and appointive boards from all claims, losses, damage, including property damage, personal injury, including death, and liability of every kind, nature and description, directly or indirectly arising from the operations of ADS, General Contractor or any subcontractor, or of any person directly or indirectly employed by, or acting as agent for ADS, General Contractor or any subcontractor, but not including the sole or active negligence or willful misconduct of the City of Fairfield. This indemnification shall extend to claims, losses, damages, injury and liability for injuries occurring after completion of the work as well as during the work's progress.

Acceptance of insurance certificates required under this Agreement does not relieve ADS from liability under this indemnity and hold harmless clause.

This indemnity and hold harmless clause shall apply to all damages and claims for damages of every kind suffered, or alleged to have been suffered, -5-
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by re a so n of any of A D S 's , its G e ne ra l C o ntracto r's or any su b c o ntra cto r's op e ratio n s re g a rd le ss of w he the r or no t su c h ins u ranc e po lic ie s sha ll ha ve be e n de te rm in e d to be ap p lic a b le to an y of su c h da m a g e s o r cla im s fo r da m a g e s.
12 . C o ntracto r's In su ra nc e : A D S sha ll no t co m m e nc e w o rk un d e r this A g re e m e nt or pe rm it its G e ne ra l C o ntra cto r or an y su b c o ntra cto r to co m m e n ce w o rk the re u nd e r until A D S sh a ll ha v e obta in e d o r ca u s e d to be o b ta in e d a ll in su ra nc e re q u ired und e r this pa ra g rap h and su c h in s u ra n ce sha ll ha ve be e n ap p ro ve d by the C ity E n g ine e r of C ity as to fo rm , am o u nt, an d ca rrie r. T he insu ra nc e sha ll be m a in ta in e d in fo rce a nd eff e ct until the co m p le tio n of w o rk un d e r this A g ree m e nt a n d the ac ce pta n c e the re o f by C ity . A ll req u ire m e nts he re in prov id e d sha ll a p p e a r e ithe r in the bo d y of the in s u ra n ce po lic ie s o r as end o rse m e nts , an d sha ll sp e c ifi c a lly bind the in s u ra nc e ca rrie r.
(a ) W O R K E R 'S C O M P E N S A T IO N IN S U R A N C E: A D S sh a ll obta in an d m a inta in (o r ca u se to be obta in e d an d m a inta ine d ) w o rke rs' co m p e ns a tio n in s u ra n c e fo r a ll A D S a nd G e n e ra l C o ntra cto r e m p lo y e e s e m p lo ye d at the site of im p ro ve m e nt.

P ro o f of a qu a lifi e d se lf-in s u ra n c e pro g ra m is ac c e pta b le .

A D S sh a ll re q u ire an y su b -c o ntra cto r sim ila rly to pro v id e w o rke rs' co m p e ns atio n in s u ra n c e fo r all of the su b c o n tra cto r's e m p lo y e e s, un le ss suc h em p lo y e e s a re co ve re d by the pro te ctio n affo rde d by A D S or the G e ne ra l C o ntra c to r. In ca se a ny cla ss of e m p lo y e e s e n g a g e d in w o rk un d e r this A g ree m e nt at the site of the pro je ct is no t pro te cte d un d e r a ny w o rke rs' co m p e ns a tio n la w , A D S sha ll pro v id e , a n d sh a ll ca use G e n e ra l C o ntrac to r and ea c h sub c o ntracto r to pro v id e , ad e q u a te insu ra n c e fo r the prote ctio n of e m p lo y e e s no t othe rw ise pro te cte d . A D S he re by ag ree s to in d e m n ify C ity fo r a ny da m a g e re su lting to it fro m failu re of G e ne ra l C o ntra cto r or any su b co ntra cto rs to ta ke ou t or m a inta in suc h in s u ra nc e . -6-
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A D S shall pro vid e the C ity E ng in e er w ith a ce rt ificate of in s u ra n ce ind icatin g w o rkers' co m p ensation co verag e prio r to e n g a g in g in any activ ity re qu ire d by this A g re em ent. (b ) LI A B ILI T Y IN S U R A N C E: A D S , at its sole ex p e n se, sha ll o b ta in and m a inta in (o r ca u se to be ob ta ined an d m ainta ine d ) a n in su ra n ce po licy or polic ies, issu e d by an in su re r or in s u re rs as de fine d by the C a liforn ia In s u ra n ce C o d e w ith an A.M . B e st rating of B +/X II o r A -N II or be tt e r, pro vid ing the C ity , its off ice rs, em p lo ye e s, a nd agents, na m e d as ad ditional in s u re d s un d e r the policy , bro ad fo rm pro p ert y dam a g e , perso n al inju ry , auto m obile , e m p lo ye rs', and co m p re h ensive fo rm liab ility insu ra n ce in the am o u nt of no t less tha n $3 m illion per occurre n ce. B y the te rm s of the in s u ra n ce po licy o r po lic ies, such in su ra n ce shall be deem e d prim ary in s u ra n ce, and no other in s u ra nce effe cte d by the C ity or other nam ed insu reds w ill be ca lle d up o n to cover a lo ss co ve red there u n d er.

In the event th a t a ny of the insu ra n ce polic ie s pro vid e d fo r in this S ectio n 12 in su res a n y e ntity, perso ns , boa rds , o r co m m issions othe r than tho se m entione d in th is pa ra g rap h, suc h polic y sha ll co nta in a sta n d ard fo rm of cro ss-lia bility e ndorsem ent, insu rin g o n su c h po licy C ity , its e lective and ap p ointive board s , co m m issions , off icers, ag ents, and e m plo ye es, A D S , G en era l C on tra ctor an d a ny sub contra ctor perform in g w o rk co vere d by this A g re em ent. A ll state d m in im u m le vels of in su ra nc e m a y be m e t by a co m b ina tio n of prim ary , exce ss, and um bre lla ins u ra nc e, in c lu din g any fro ntin g or ca p tive insu ra nce, pro v id ed ln d em n itee is e ndor sed as an ad ditional in s u re d w ith re g a rd to a ll su c h exce ss co vera g e .

C ity ag re e s tha t the in su rance re q uire m ents in th is S ection 12 m a y be sa tisfie d w ith in s u ra n ce furn ished by the G ene ra l C ontra cto r tha t m ee ts suc h ins u ra n c e re q u ire m ents. In its contract w ith the G e ne ra l C o ntra cto r, A D S ag re e s to re q uire the G enera l C on tra ctor to ag re e to in cl u d e in the ir(its) -7-
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su b co ntracts w ith all of its su b co ntracto rs (a ) the sa m e req u ire m e nts an d pro visio ns of this A gre e m e nt incl ud in g the in d e m n ity an d In s u ra nc e req u ire m e nts to the exte n t the y ap p ly to the sc o p e of the su b co n trac to rs' w o rk, a nd (b ) the req u ire m e nt tha t the su b co ntracto rs inc lu d e su c h provis io ns in the su b co ntracts, if any , tha t su c h su b co ntracto rs e nte r in to w ith the ir su b co ntractor s.
13 . E v id e nce of In s u ra nce : A D S sha ll furn is h the C ity E ng in e e r prio r to co m m e n ce m e nt of any w o rk he re u nd e r, w ith sa tisfacto ry ev id e n c e of the ins u ra nc e re q u ire d , and ev id e n c e tha t e a c h ca rrie r is req u ire d to give C ity at le a st thirt y da ys prio r no tic e of the ca n c e lla tio n or red u c tio n in co v e ra g e of a n y po licy du rin g the effe ctive pe rio d of th is A g re e m e nt. 14 . T itle to Im p ro ve m e nts: T itle to and ow ne rsh ip of all im p ro v e m e nts co n structe d he re u n d e r sh a ll ve st ab so lute ly in C ity up o n co m p le tio n an d acce p ta n ce of suc h im p ro ve m e nts by C ity .
15 . R e p a ir or R e co n structio n of D e fe ctiv e W o rk : If, w ith in a pe rio d of on e ye a r aft e r fin a l acce p ta n ce of the w o rk pe rf o rm e d un d e r this A g re e m e nt, a ny im p ro ve m e n t or pa rt of any im p ro ve m e nt furn is h e d and /o r in sta lle d o r co nstructe d , or ca use d to be insta lle d or co nstruc te d by A D S , o r an y of the w o rk do ne und e r this A g re e m e nt fails to fulfill an y of the re q u ire m e n ts of th is A g re e m e nt o r the sp e c ifi ca tio ns re ferre d to he re in , A D S sha ll w itho ut de la y an d w itho ut a ny co st to C ity , re p a ir or re p la c e or re c o n struc t, o r ca us e to be re p a ire d or re p la ce d o r re co nstruc te d , an y de fe ctiv e o r othe rw ise un sa tisfacto ry pa rt or pa rt s of the w o rk or struc tu re . S ho u ld A D S fa il to act pro m p tly or in acco rda n c e w ith this re q u ire m e nt, o r sh o u ld the ex ig e n ci e s of the ca se re q u ire re p a irs or re p la c e m e nts to be m a d e be fo re A D S ca n be no tifie d , C ity m a y , at its o p tio n , m a ke the ne c e ss a ry re p a irs or re p la c e m e nts o r pe rf o rm the ne ce ssa ry w o rk, an d A D S sh a ll pa y to C ity the actua l co st of suc h re p a irs plu s fift e e n pe rce nt (15 %) w ith in th irt y (3 0 ) da y s of the da te of billin g fo r su c h w or k by C ity. A t the tim e the se im p ro ve m e nts a re co m p le ted to the sa tisfactio n of the C ity E ng ine e r, a w a rra nty bo nd sha ll be su b m itte d to re le a se the o rig in a l bo n d s .
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Neither ADS nor General Contractor Are Agent of City: Neither ADS nor General Contractor nor any of ADS's or General Contractor's agents or su bco n tractors are or shall be considered to be agents of City in connection with the performance of the obligations under this Agreement.

Notice of Breach and Default: If ADS refuses or fails to obtain prosecution of the work, or any severable part thereof, with such diligence as will ensure its completion within the time specified, or any extension thereof, or fails to obtain completion of the work within such time, or if ADS should be adjudged a bankrupt, or ADS should make a general assignment for the benefit of ADS's creditors, or if a receiver should be appointed in the event of ADS's insolvency, or if ADS or its General Contractor or any of their subcontractors, agents, or employees should violate any of the provisions of this Agreement, City Engineer may serve written notice upon ADS and ADS's surety of breach of this Agreement, or of any portion thereof, and of default of ADS hereunder.

18. Breach of Agreement; Performance by Surety or City: In the event of any such notice, ADS's surety shall have the duty to take over and complete the

16. 17.
work and the improvement herein specified; provided, however, that if the surety within fifteen (15) days after the serving of such notice of breach upon it does not give City written notice of its intention to take over the performance of the contract, and does not commence performance thereof within fifteen (15) days after notice to City of such election, City may take over the work and prosecute the same to completion by contract, or by any other method City may deem advisable, for the account and at the expense of ADS, and ADS's surety shall be liable to City for any excess cost of damages occasioned City thereby; and in such event, City, without liability for so doing, may take possession of and utilize in completing the work, such materials, appliances, plant and other property belonging to ADS or its General Contractor as may be on the site of the work and necessary therefor. ADS shall cause the Construction Contract to include a provision implementing the rights of City pursuant to this Section 18. -9-
Packet Page 66 of 977Attachment 2 Page 9 of 16

19 . N o tice s : A ll no tice s he re in re q uire d sha ll be in w ritin g, and de live re d in p e r s o n or sen t by re g iste red m ail, po stag e pre p a id.

N otice s re q u ire d to be give n to C ity sh a ll be ad d re sse d as fo llo w s:

Fa irf ie ld C ity H a ll, A ttn: C ity E n g in eer
10 0 0 W eb ste r S tree t
Fa irf ie ld C A 94 53 3
N o tices re q uire d to be given to A D S shall be ad d re sse d as fo llo w s:

A L B E R T D . S E E N O C O N S T R U C T IO N C O .
4 0 2 1 P O R T C H IC A G O H WY
C O N C O R D C A 945 2 0
(T o be com p le ted by A D S )
N otices to be given su rety of A D S sha ll be ad dre sse d as fo llo w s:

L..~ o t-l (NC \,',\t.¥f'' l ~ (,,Qt,A,, ktJ y
(To be completed by surety of ADS)
Any Party or the surety may change such address by notice in writing to the other Party and thereafter notices shall be addressed and transmitted to the new address.

20. Oversizing: Public improvement oversizing and/or reimbursement as defined in City Code Chapter 6B, Chapter 10, Article IV, Sections 10.56 through 10.65; and Chapter 25, Article Ill, Section 25.166.79 through

25.166.81 is not applicable.

21. Additional Terms and Conditions: This Agreement is subject to the following additional terms and conditions (except as specifically provided otherwise):
a. Approval of this improvement agreement shall not obligate the City to subsequently accept improvements which strictly conform to the plans referenced by this agreement. All costs associated with -10-
Packet Page 67 of 977Attachment 2 Page 10 of 16

m o d ifi catio ns re su lting fr o m su b se q u e nt im p ro ve m e nt pla n cha n g e s re q u ire d by the C ity sh a ll be bo rn e by the A D S . 22 . P ro h ib ite d In te rest: N o em p lo y ee of the C ity sh a ll ha v e an y dire ct fi na n c ia l in te re st in this A g re e m e nt. T his A g re e m e nt sh a ll be vo id a b le at the op in io n of the C ity if this prov is io n is vio la te d .

Lo ca l E m p lo ym e nt P o licy : T he C ity of Fa irf ie ld de sire s , w he re ve r po ssib le , to hire qu a lifie d lo ca l resid e nts to w o rk on ci ty proje cts. Lo ca l re sid e nt is de fin e d as a pe rso n w ho re s id e s in S o la no C o u nty .

T he C ity e nco u rag e s an activ e aff irm a tive actio n prog ra m on the pa rt of its co ntractor s, co nsu lta nts, and de ve lo p e rs.

W he n lo ca l proje cts re q u ire , su b co ntra cto rs, co n tra cto rs, co ns u lta nts, and de ve lo p e rs w ill so lic it pro p o sa ls fr o m qu a lifie d lo c a l firm s w he re po ssib le . 24 . Q u a lifi e d B id s : B o th the C ity a nd A D S ack n o w le d g e an d ag re e tha t the 2 3 .
co n tra cto r cho se n as the G e ne ra l C o ntra cto r w ill satis fy the C ity 's bid d in g re q u ire m e nts ap p lica b le to re im b u rse m e nts fo r the im p ro ve m e nts to be co n structed und e r th is A g re e m e nt.
[signatures on following page]
-11-
Packet Page 68 of 977Attachment 2 Page 11 of 16

IN WITNESS W HEREOF, the parties hereto have executed this Improvement Agreem ent on the date set forth opposite their respective signatures.

Dated: ---------
ATTEST:

By: _
City Clerk
City of Fairfield,
a municipal corporation
By: _
City Manager
Albert D. Seeno Construction
Company,
a California Limited Partnership
~
Title: C, ~0
-12 -
Packet Page 69 of 977Attachment 2 Page 12 of 16

CITY OF FAIRFIELD

IMPROVEMENT AGREEMENT CHECK LIST
PROJECT NAME: Red Top Road Expansion
OWNER: Albert D. Seeno Construction Company, a California Limited Partnership ADDRESS: 4021 Port Chicago Highway, Concord, CA 94520
COUNCIL MEETING DESIRED: June 20, 2023
SUBMISSION DEADLINE: March 23, 2023

DESCRIPTION QUANTITY UNIT COST AMOUNT RECD BY DATE
Plan Check Fee (less initial PC) 1.35% $2,211,489 $29,855.10 Engineering/Inspection Fee 5.5% $2,211,489 $121,631.87
Final Map Mylar Fee 0.0% $15 $0.00
TOTAL: $151,486.97
Civil Final Cost Estimate $2,187,488.60
Streetlight Cost Estimate 6 $4,000 $24,000.00
Landscape Final Cost Estimate $0.00
Total Cost Estimate $2,211,488.60
Faithful Performance Bond 110% $2,440,000
Labor and Materials Bond 55% $1,220,000
Insurance Certificate $3 Million
Distribution:

City Manager
City Engineer
ADS
Packet Page 70 of 977Attachment 2 Page 13 of 16

RED TO P RO A D EX PA N SIO N

C IT Y O F FA IR F IELD , CA
1/19/20 23

REMOVALS
Item I Description I Units I Quantity I Unit Cost I Cost

RED TOP ROAD ROW
1 SA W C U T BIT U M IN O U S PA V EM EN T LI N FT 13 7 0 $1.00 $1,370.00 2 REM O V E C U R B A N D G U TT ER LI N FT 13 50 $10 .00 $13 ,500.00 3 SA LV A G E A N D REIN STA LL SIG N EA C H 8 $10 0.0 0 $800.00 4 SA LV A G E A N D REIN STA LL U T ILI TY BO X EA C H 1 $10 0.00 $10 0.00 5 REM O V E BIT U M IN O U S PA V EM EN T SQ Y D 16 11 $0.5 0 $805.50 6 C U T ST O R M PIPE EA C H 1 $5 0.00 $50.00
7 REM O V E ST O R M SEW ER PIPE LI N FT 19 $10.00 $190.00 8 SA LV A G E A N D R ESPR EA D TO PSO IL CU YD 1511 $1.00 $1,511.00 9 REM O V E PA IN T ST R IPE LI N FT 60 80 $0.5 0 $3,040.00

CAL TRANS ROW
10 1 SA W C U T BIT U M IN O U S PA V EM EN T LI N FT 145 $1.00 $145.00 10 2 REM O V E C U R B A N D G U TT ER LI N FT 28 7 $10 .00 $2,870.00 10 3 SA LV A G E A N D REIN STA LL SIG N EA C H 6 $10 0.00 $600.00 10 4 SA LV A G E A N D REIN STA LL LI G H T PO LE EA C H 2 $1,00 0.00 $2,000.00 10 5 REM O V E BIT U M IN O U S PA V EM EN T SQ Y D 13 46 $0.5 0 $673.00 10 6 REM O V E G U A R D R A IL LI N FT 85 $10 .00 $850.00 10 7 SA LV A G E A N D REIN STA LL FEN C E LI N FT 14 2 $1 5 .0 0 $2,13 0.00 10 8 SA LV A G E A N D RESPR EA D TO PSO IL CU C Y 10 8 $1.00 $10 8.00 10 9 REM O V E PA IN T "ST O P" EA C H 2 $5 0.00 $10 0.00 11 0 REM O V E PA IN T ST R IPE LI N FT 382 $0 .50 $191.00 CO M M EN T S:

A SSU M E 611 T O PSO IL STR IP FR O M A LL EXISTIN G PER V IO U S A REA

EARTHWORK AND EROSION CONTROL
Item I Description I Units I Quantity I Unit Cost I Cost

RED TOP ROAD ROW
1 IN ST A LL SILT FEN C E LI N FT 340 $1.00 $340.00
2 T EM PO R A R Y C O N STR U C TIO N EN TR A N C E EA C H 2 $5 0 0.00 $1,000.00 3 IN L ET PR O T EC T IO N EA C H 6 $5 0 .00 $300.00
4 H Y D R O SEED -T U R F M IX SQ Y D 90 6 7 $1.00 $9,067.00 5 EX PO R T EXC ESS STR IPPED TO PSO IL CU YD 13 96 $0.50 $698.00 6 C O M M O N EXC A V A T IO N (C V ) CU YD 874 3 $3 .00 $26,229.00 7 EXPO R T EX C ESS SO IL (C V ) CU YD 76 66 $3 .00 $2 2,998.00

CAL TRANS ROW
10 1 IN ST A LL SILT FEN C E LI N FT so $1.00 $50.00
10 2 TEM PO R A R Y C O N STR U C T IO N EN TR A N C E EA C H 1 $500.00 $500.00 10 3 IN LET PR O T EC T IO N EA C H 5 $5 0.00 $250.00
10 4 H Y D R O SEED - T U R F M IX SQ Y D 649 $1 .00 $649.00 10 5 EXPO R T EX C ESS ST R IPPED TO PSO IL C U YD 14 7 $0 .5 0 $73.50 10 6 C O M M O N EXC A V A T IO N (C V ) CU YD 27 3 8 $3.00 $8 ,214.00 Packet Page 71 of 977Attachment 2 Page 14 of 16

107 EX PO RT EX C ESS SO IL (C V ) C U YD 2620 $3.00 $7,860.00 CO M M EN T S:

A SSU M E 6" TO PSO IL RESP R EA D O N PR O PO SED PER V IO U S A R EA A SSU M E 15% SH R IN K A G E FA C TO R FO R FILL

ROAD IMPROVEMENTS
Item I Description I Units I Quantity I Unit Cost I Cost

RED TOP ROAD ROW
1 GEOTEXTILE FABRIC SQYD 7742 $1.00 $7,742.00
2 BITUMINOUS PAVEMENT- BASE COURSE TON 1790 $150.00 $268,500.00 3 BITUMINOUS PAVEMENT- WEAR COURSE TON 1340 $150.00 $201,000.00 4 BITUMINOUS MATERIAL FOR TACK COAT GAL 390 $10.00 $3,900.00 5 AGGREGATE BASE TON 11140 $50.00 $557,000.00
6 CONCRETE CURB LIN FT 1736 $12.00 $20,832.00
7 CONCRETE CURB AND GUTTER LIN FT 2060 $14.00 $28,840.00 8 CONCRETE SIDEWALK SQFT 14527 $3.00 $43,581.00
9 STRIPING 4" YELLOW HATCH SQYD 117 $1.00 $117.00
10 STRIPING 4" SOLID WHITE LIN FT 6185 $1.00 $6,185.00
11 STRIPING 4" DASHED WHITE LIN FT 3405 $1.00 $3,405.00 12 STRIPING WHITE HATCH SQYD 704 $6.00 $4,224.00
13 STRIPING BIKE LANE TRANSITION LIN FT 151 $1.00 $151.00 14 STRIPING BIKE WITH ARROW EACH 15 $1.00 $15.00
15 STRIPING ARROW EACH 3 $1.00 $3.00
16 CONSTRUCT PEDESTRIAN RAMP EACH 2 $4,000.00 $8,000.00

CALTRANS ROW
101 GEOTEXTILE FABRIC SQYD 1933 $1.00 $1,933.00
102 BITUMINOUS PAVEMENT- BASE COURSE TON 450 $125.00 $56,250.00 103 BITUMINOUS PAVEMENT- WEAR COURSE TON 340 $125.00 $42,500.00 104 BITUMINOUS MATERIAL FOR TACK COAT GAL 100 $10.00 $1,000.00 105 AGGREGATE BASE TON 2570 $50.00 $128,500.00
106 CONCRETE CURB AND GUTTER LIN FT 262 $14.00 $3,668.00 107 STRIPING 4" DOUBLE YELLOW LIN FT 107 $1.00 $107.00
108 STRIPING 4" SOLID WHITE LIN FT 640 $1.00 $640.00
109 STRIPING 4" DASHED WHITE LIN FT 142 $1.00 $142.00
110 STRIPING WHITE HATCH SQYD 31 $6.00 $186.00
111 STRIPING BIKE LANE TRANSITION LIN FT 98 $1.00 $98.00 112 STRIPING BIKE WITH ARROW EACH 4 $50.00 $200.00
113 STRIPING STOP BAR LIN FT 45 $1.00 $45.00
114 STRIPING "STOP" EACH 3 $250.00 $750.00
115 STRIPING ARROW EACH 1 $50.00 $50.00

UTILITY IMPROVEMENTS
Item loescription I Units I Quantity I Unit Cost I Cost

RED TOP ROAD ROW
1 ADJUST GATE VALVE TO FINISHED GRADE EACH 13 $100.00 $1,300.00 Packet Page 72 of 977Attachment 2 Page 15 of 16

--
2 ADJUST STRUCTURE TO FINISHED GRADE EACH 3 $100.00 $300.00 3 48" DIA. MANHOLE (10' DEEP OR LESS) EACH 5 $5,000.00 $25,000.00 4 48" DIA. MANHOLE (TOTAL DEPTH OVER 10') LIN FT 22 $6,000.00 $132,000.00 5 CONNECT TO EXISTING SANITARY MANHOLE EACH 1 $500.00 $500.00 6 8" PVC SANITARY PIPE LIN FT 1889 $100.00 $188,900.00
7 12" PVC WATERMAIN PIPE LIN FT 862 $150.00 $129,300.00 8 CONNECT TO EXISTING WATERMAIN EACH 2 $500.00 $1,000.00 9 HEADWALL SQFT 230 $50.00 $11,500.00
COMMENTS:

ASSUME ALL MANHOLE APPURTANANCES ARE INCIDENTAL TO MANHOLE

ASSUME ALL WATERMAIN APPURTANCES ARE INCIDENTAL TO

WATERMAIN INSTALLATION
TOTAL $1,988,626.00
10% CONTINGENCY $198,862.60
FINAL TOTAL $2,187,488.60
Packet Page 73 of 977Attachment 2 Page 16 of 16

Packet Page 74 of 977Attachment 3 Page 1 of 1

Agenda Item No: 7.

AGENDA REPORT
DATE:June 20, 2023
TO:Mayor and City Council
FROM:David Gassaway, City Manager
SUBJECT:Resolution 2023156 of the City Council of the City of Fairfield Accepting the North Texas Street Water Main Replacement and Overlay East Travis Boulevard to Air Base Parkway Project as Complete
RECOMMENDED ACTION
Adopt resolution.

STATEMENT OF ISSUE
The adoption of this resolution accepts the North Texas Street Water Main Replacement and Overlay East Travis Boulevard to Air Base Parkway Project as complete.

DISCUSSION
On November 16, 2021, the City adopted Resolution No. 2021279 approving a contract with Ghilotti Construction Company, Inc. for the North Texas Street Water Main Replacement and Overlay East Travis Boulevard to Air Base Parkway Project (Project). The Project replaced one of the largest segments of cast iron pipe in the city with polyvinyl chloride (PVC). The Project was completed on April 18, 2023.

The construction authorization for the Project was approved for $8,558,077.20. This amount included a total bid of $7,131,731.00 and a 20% contingency of $1,426,346.20. The final cost for the Project was $8,201,490.65, which is approximately 4.2% below the amount authorized for construction.

FINANCIAL IMPACT
N/A
PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
N/A
ALTERNATIVE ACTION
If the council has any questions, acceptance may be delayed so that staff may provide the necessary Packet Page 75 of 977

Agenda Item No: 7.AGENDA REPORTDATE:June 20, 2023 TO:Mayor and City CouncilFROM:David Gassaway, City ManagerSUBJECT:Resolution 2023156 of the City Council of the City of Fairfield Accepting the NorthTexas Street Water Main Replacement and Overlay East Travis Boulevard to Air BaseParkway Project as CompleteRECOMMENDED ACTIONAdopt resolution.STATEMENT OF ISSUEThe adoption of this resolution accepts the North Texas Street Water Main Replacement and OverlayEast Travis Boulevard to Air Base Parkway Project as complete.DISCUSSIONOn November 16, 2021, the City adopted Resolution No. 2021279 approving a contract with GhilottiConstruction Company, Inc. for the North Texas Street Water Main Replacement and Overlay EastTravis Boulevard to Air Base Parkway Project (Project). The Project replaced one of the largestsegments of cast iron pipe in the city with polyvinyl chloride (PVC). The Project was completed on April18, 2023. The construction authorization for the Project was approved for $8,558,077.20. This amount included atotal bid of $7,131,731.00 and a 20% contingency of $1,426,346.20. The final cost for the Project was$8,201,490.65, which is approximately 4.2% below the amount authorized for construction.FINANCIAL IMPACTN/APUBLIC CONTACT/ADVISORY BODY RECOMMENDATIONN/A ALTERNATIVE ACTION
If the council has any questions, acceptance may be delayed so that staff may provide the necessary background information.

STAFF CONTACT
Roger Dunham, Public Works Construction Manager
(707) 4287478
[email protected]
COORDINATED WITH
N/A
ATTACHMENTS:

Description
Proposed Resolution
REVIEWERS:

Reviewer Action Date
Panganiban, Ryan Approved 6/5/2023 7:32 PM
Kaushal, Paul Approved 6/5/2023 7:51 PM
Beavers, Esther Approved 6/6/2023 10:48 AM
Beavers, Esther Approved 6/6/2023 10:48 AM
Packet Page 76 of 977

CITY OF FAIRFIELD

RESOLUTION NO. 2023-156

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAIRFIELD ACCEPTING THE NORTH TEXAS

STREET WATER MAIN REPLACEMENT AND OVERLAY EAST TRAVIS BOULEVARD TO AIR BASE

PARKWAY PROJECT AS COMPLETE

WHEREAS, the City Council approved a contract with Ghilotti Construction Company, Inc., for the North Texas Street Water Main Replacement and Overlay East Travis Boulevard to Air Base Parkway Project (Project) on November 16, 2021, by Resolution No. 2022-279; and

WHEREAS, Ghilotti Construction Company, Inc. has completed the Project in accordance with the contract approved by council.

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

Section 1. The City of Fairfield hereby accepts the Project as complete pursuant to the agreement between the City and Ghilotti Construction Company, Inc. approved by council on November 16, 2021.

PASSED AND ADOPTED this 20th day of June, 2023, by the following vote:

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

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

MAYOR

ATTEST:

____________________________

CITY CLERK

Packet Page 77 of 977Attachment 1 Page 1 of 1

Agenda Item No: 8.

AGENDA REPORT
DATE:June 20, 2023
TO:Mayor and City Council
FROM:David Gassaway, City Manager
SUBJECT:Resolution 2023157 of the City Council of the City of Fairfield Incorporating a List of Projects Funded by Senate Bill 1: The Road Repair and Accountability Act of 2017 for Fiscal Year 20232024
RECOMMENDED ACTION
Adopt resolution.

STATEMENT OF ISSUE
The City is entering year six of the Road Maintenance and Rehabilitation Account (RMRA) funding program established by Senate Bill 1 (SB 1). To utilize RMRA funding, the City must submit a list of proposed street maintenance projects to the California Transportation Commission (CTC) annually by July 1st. CTC requires the proposed project list to be included in the City’s Capital Improvement Program Budget, and adoption of the resolution will fulfill these requirements.

DISCUSSION
In April 2017, the state passed SB 1 to provide additional funds to maintain local streets and roads.

Since January 2018, the State Controller’s Office began submitting monthly deposits of SB 1 funding into RMRA. RMRA funding is apportioned by formula to eligible cities and counties for basic road maintenance rehabilitation and critical safety projects on the local streets and roads system. The City is projected to receive $2,978,937 of RMRA funding in fiscal year (FY) 20232024.

Each fiscal year, SB 1 requires the City to submit a list of projects to CTC that are proposed for expending RMRA funding. There are two roadway projects included on the FY 20232024 project list (included as Attachment 1), which include Lopes Road and Cadenasso Drive. Lopes Road Reconstruction will rebuild a segment of Lopes Road south of Gold Hill Road that was damaged due to a landslide during the 20222023 atmospheric river storm events. Staff are actively pursuing federal funding through FEMA’s disaster relief public assistance grant program to repair Lopes Road. SB 1 funds would be utilized to cover the City’s local match obligation.

Agenda Item No: 8.AGENDA REPORTDATE:June 20, 2023 TO:Mayor and City CouncilFROM:David Gassaway, City ManagerSUBJECT:Resolution 2023157 of the City Council of the City of Fairfield Incorporating a List ofProjects Funded by Senate Bill 1: The Road Repair and Accountability Act of 2017 forFiscal Year 20232024RECOMMENDED ACTIONAdopt resolution.STATEMENT OF ISSUEThe City is entering year six of the Road Maintenance and Rehabilitation Account (RMRA) fundingprogram established by Senate Bill 1 (SB 1). To utilize RMRA funding, the City must submit a list ofproposed street maintenance projects to the California Transportation Commission (CTC) annually byJuly 1st. CTC requires the proposed project list to be included in the City’s Capital ImprovementProgram Budget, and adoption of the resolution will fulfill these requirements.DISCUSSIONIn April 2017, the state passed SB 1 to provide additional funds to maintain local streets and roads.Since January 2018, the State Controller’s Office began submitting monthly deposits of SB 1 fundinginto RMRA. RMRA funding is apportioned by formula to eligible cities and counties for basic roadmaintenance rehabilitation and critical safety projects on the local streets and roads system. The City isprojected to receive $2,978,937 of RMRA funding in fiscal year (FY) 20232024. Each fiscal year, SB 1 requires the City to submit a list of projects to CTC that are proposed forexpending RMRA funding. There are two roadway projects included on the FY 20232024 project list(included as Attachment 1), which include Lopes Road and Cadenasso Drive. Lopes RoadReconstruction will rebuild a segment of Lopes Road south of Gold Hill Road that was damaged due toa landslide during the 20222023 atmospheric river storm events. Staff are actively pursuing federalfunding through FEMA’s disaster relief public assistance grant program to repair Lopes Road. SB 1funds would be utilized to cover the City’s local match obligation.

Cadenasso Drive Reconstruction, previously listed in FY 20222023, is being relisted to capture project construction expenditures anticipated after June 30, 2023. The Cadenasso Drive Reconstruction proposes a full reconstruction of Cadenasso Drive and mill and overlay a segment of Auto Mall Parkway due to the heavy bus loading going in and out of the Fairfield Transportation Center.

The number of proposed streets on the list is reduced compared to previous years due to the type of pavement treatment required. Lopes Road and Cadenasso Drive both have pavement failures and must be reconstructed from the ground up to meet current standards.

Staff recommends the approval of the attached resolution and project list so that the listed streets will be eligible for the RMRA funding. Pavement maintenance and rehabilitation project costs for the listed streets are much greater than the available RMRA funding in FY 20232024. Due to the limited amount of SB 1 funds available to complete these projects, street maintenance and rehabilitation projects will also utilize Gas Tax and Measure P. The list will be evaluated and updated on an annual basis by July 1st. In accordance with CTC requirements, the project list provides the project description, limits, schedule for completion, and estimated useful life.

FINANCIAL IMPACT
The proposed action allows the City to receive approximately $2,978,937 in FY 20232024 of RMRA funding for eligible roadways. Funds will be deposited in the Gas Tax SB 1 Fund (Fund 163). Funds from the Gas Tax SB 1 Fund are to be transferred to the Streets Capital Project Fund (Fund 252, Organization Code 60199) to cover annual pavement maintenance contracts.

PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
N/A
ALTERNATIVE ACTION
The City Council may choose not to approve the attached resolution; however, this is not recommended because the City may not be eligible to receive SB 1 funding.

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

Description
Proposed Resolution
Proposed Project List
REVIEWERS:

Reviewer Action Date
Panganiban, Ryan Approved 6/5/2023 8:13 PM
Kaushal, Paul Approved 6/5/2023 8:19 PM
Beavers, Esther Approved 6/6/2023 10:51 AM
Beavers, Esther Approved 6/6/2023 10:51 AM
Packet Page 79 of 977

CITY OF FAIRFIELD

RESOLUTION NO. 2023-157

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAIRFIELD INCORPORATING A LIST OF PROJECTS FUNDED BY SENATE BILL 1: THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017 FOR FISCAL YEAR 2023-2024

WHEREAS, Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017), was passed by the legislature and signed into law by the governor in April 2017, to address the significant multi-modal transportation funding shortfalls statewide; and

WHEREAS, SB 1 includes accountability and transparency provisions that will ensure that the residents of our city are aware of the projects proposed for funding in our community and which projects have been completed each fiscal year; and

WHEREAS, the City must adopt by resolution a list of projects proposed to receive fiscal year funding from the Road Maintenance and Rehabilitation Account (RMRA), created by SB 1, which must include a description and the location of each proposed project, a proposed schedule for the project’s completion, and the estimated useful life of the improvement; and

WHEREAS, SB 1 allocates a portion of revenues collected to local agencies; and

WHEREAS, an estimated $2,978,937 in RMRA funding is expected to be allocated to Fairfield in fiscal year (FY) 2023-2024 from SB 1; and

WHEREAS, in order to be eligible to receive its SB 1 allocation, each local agency must adopt and file with the California Transportation Commission (CTC), an annual list of qualifying projects the agency may spend these SB 1 revenues on.

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

Section 1. The Capital Improvement Program budget for FY 2023-2024 is amended to incorporate the City’s 2023 list of projects planned to be funded with RMRA revenues.

Section 2. The director of public works or his designee is hereby authorized and directed to submit the project list to the CTC for RMRA funds.

Section 3. The director of public works is hereby authorized to execute on behalf of the City of Fairfield all agreements and related documents to secure the RMRA funds.

Packet Page 80 of 977Attachment 1 Page 1 of 2

RES. NO. 2023-157

Page 2 ends

PASSED AND ADOPTED this 20th day of June, 2023, by the following vote:

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

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

MAYOR
ATTEST:

________________________________

CITY CLERK
Packet Page 81 of 977Attachment 1 Page 2 of 2

Project Description From ToArea(SF)Pavement TreatmentAnticipatedStart (MM/YY)Anticipated Completion(MM/YY)EstimatedUseful Life(Years)Lopes Road Reconstruction (2023 Storm Damage Emergency Repairs)Lopes Road 300' North of City Limit 900' North of City Limit 20,000 Full Reconstruction 01/24 06/24 15‐20 Cadenasso Drive Beck Ave. Auto Mall Pkwy. 70,000 Full Reconstruction 15‐20Auto Mall Parkway Cadenasso Dr. Ledgewood Bridge 44,0002.5" Grind and AsphaltOverlay12‐16Attachment 1NOTE: Included with each proposed project is the preparatory work to be completed in advance of the actual overlays and/or surface seals. This work includes crack sealing and asphalt digouts. Work not related to pavement maintenance are not funded by RMRA. Cadenasso Drive ReconstructionFull pavement reconstruction of Cadenasso Drive and additive alternate option to grand and overlay Auto Mall Parkway. (Re-listed Project)7/23 06/24City of FairfieldFY 23/24 RMRA Project List June, 2023Street NamePacket Page 82 of 977Attachment 2 Page 1 of 1

Agenda Item No: 9.

AGENDA REPORT
DATE:June 20, 2023
TO:Mayor and City Council
FROM:David Gassaway, City Manager
SUBJECT:Resolution 2023158 of the City Council of the City of Fairfield Suspending Competitive Bidding and Authorizing a Contract with Landscape Structures for the Purchase of a New Play Structure at Allan Witt Community Park – Phase 3 All Inclusive Playground; and
Resolution 2023159 of the City Council of the City of Fairfield Suspending Competitive Bidding and Authorizing a Contract with Public Restroom Company for the Purchase of a New Restroom Structure at Allan Witt Community Park – Phase 3 All Inclusive Playground
RECOMMENDED ACTION
Adopt resolutions.

STATEMENT OF ISSUE
Approval of the two resolutions would allow the City to purchase play equipment and a restroom building for the Allan Witt Community Park Phase 3 – All Inclusive Playground (Project). The Project proposes using cooperative purchasing agreements (e.g., Sourcewell and the California Multiple Award Schedule (CMAS)) to save time and money during the procurement process. Purchasing the restroom building through Sourcewell and the play equipment through the CMAS program will save the City approximately $106,000.

DISCUSSION
The design for the play area of Allan Witt Community Park Phase 3 – All Inclusive Playground (Project) was developed with input from the community during both the Allan Witt Master Plan Renovation design in 2018 and the specific Phase 3 All Inclusive Playground design in 2020. The play equipment was designed to be in compliance with the Americans with Disabilities Act (ADA) and designed with good visibility for both users and Emergency Services personnel.

Most large, commercial play equipment, including Landscape Structures products, can only be obtained from a single, factoryauthorized regional distributor. As a result, it is not possible to obtain competitive bids through the normal bid process.

Packet Page 83 of 977

Because the play equipment has been customized specifically for the city’s needs, the fabrication process takes significantly longer than an offtheshelf product. As a result, City staff is recommending that the City prepurchase the play equipment through the CMAS program that is available to Local Government agencies prior to bidding the Project. CMAS is a nonprofit that assists public agencies in reducing the cost of purchased goods through competitively solicited contracts through lead public agencies, which pools the purchasing power for public agencies nationwide. CMAS has awarded a contract to Landscape Structures to provide play equipment through a competitive bidding process.

Landscape Structures has agreed to sell the City play equipment at a roughly 10% discount, a savings of approximately $50,000, through the CMAS program.

The City has the opportunity to purchase the new restroom building utilizing Sourcewell (formerly NJPA) national pricing structure. Sourcewell has awarded a contract (#081721PRM) to Public Restroom Company for restroom buildings through a competitive process. By purchasing the restroom building through Sourcewell, City staff estimates the Project will save between 1520% of contractor markup, approximately $56,000.

According to Section 28.62 of the City Code, it is necessary for the city council to suspend competitive bidding and allow a direct purchase from a vendor. This is recommended since the prices for these purchases have effectively been competitively bid through CMAS and Sourcewell. The City has successfully utilized both the CMAS program and Sourcewell national pricing structure on multiple park projects.

Purchase contracts will be executed, which will guarantee the City a fixed price for the play equipment and restroom building. Both the play equipment and restroom will be assigned to the general contractor selected to complete the construction of the Project. This same practice of assigning the purchase contract to the contractor through the contract documents has been successfully used on many previous park projects. Bids for the construction of the Project are scheduled to be received in the fall of 2023, and the Project is anticipated to be awarded at council by early winter of 2024. This purchase and assign procedure assures the City a competitive price, avoids having the City coordinate between Landscape Structures or Public Restroom Company and the contractor for delivery and installation, avoids any liability to the City from warranty or other issues with the play equipment and restroom building, provides parity between contractors bidding the Project, and allows the construction schedule to be reduced due to less lead time for the play equipment and restroom building. The lead time for the play equipment is approximately 28 weeks and the lead time for the restroom building is approximately one year out from the date of purchase order issuance.

FINANCIAL IMPACT
The total cost for the prepurchased equipment is $901,042 (the play equipment is $539,439, the restroom building is $279,690, plus a 10% contingency.) These purchases will be funded by the Parks Capital Fund (Fund 251, Project 10019).

PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
N/A
ALTERNATIVE ACTION
If the council has any questions, this request may be delayed so that staff may provide the necessary background information. This is not recommended as the lead time for manufacturing the play equipment could delay the final construction of the project.

STAFF CONTACT
Packet Page 84 of 977

Agenda Item No: 9.AGENDA REPORTDATE:June 20, 2023 TO:Mayor and City CouncilFROM:David Gassaway, City ManagerSUBJECT:Resolution 2023158 of the City Council of the City of Fairfield Suspending CompetitiveBidding and Authorizing a Contract with Landscape Structures for the Purchase of aNew Play Structure at Allan Witt Community Park – Phase 3 All Inclusive Playground;andResolution 2023159 of the City Council of the City of Fairfield Suspending CompetitiveBidding and Authorizing a Contract with Public Restroom Company for the Purchase ofa New Restroom Structure at Allan Witt Community Park – Phase 3 All InclusivePlaygroundRECOMMENDED ACTIONAdopt resolutions.STATEMENT OF ISSUEApproval of the two resolutions would allow the City to purchase play equipment and a restroombuilding for the Allan Witt Community Park Phase 3 – All Inclusive Playground (Project). The Projectproposes using cooperative purchasing agreements (e.g., Sourcewell and the California Multiple AwardSchedule (CMAS)) to save time and money during the procurement process. Purchasing the restroombuilding through Sourcewell and the play equipment through the CMAS program will save the Cityapproximately $106,000. DISCUSSIONThe design for the play area of Allan Witt Community Park Phase 3 – All Inclusive Playground (Project)was developed with input from the community during both the Allan Witt Master Plan Renovation designin 2018 and the specific Phase 3 All Inclusive Playground design in 2020. The play equipment wasdesigned to be in compliance with the Americans with Disabilities Act (ADA) and designed with goodvisibility for both users and Emergency Services personnel. Most large, commercial play equipment, including Landscape Structures products, can only beobtained from a single, factoryauthorized regional distributor. As a result, it is not possible to obtaincompetitive bids through the normal bid process. Because the play equipment has been customized specifically for the city’s needs, the fabricationprocess takes significantly longer than an offtheshelf product. As a result, City staff is recommendingthat the City prepurchase the play equipment through the CMAS program that is available to LocalGovernment agencies prior to bidding the Project. CMAS is a nonprofit that assists public agencies inreducing the cost of purchased goods through competitively solicited contracts through lead publicagencies, which pools the purchasing power for public agencies nationwide. CMAS has awarded acontract to Landscape Structures to provide play equipment through a competitive bidding process.Landscape Structures has agreed to sell the City play equipment at a roughly 10% discount, a savingsof approximately $50,000, through the CMAS program. The City has the opportunity to purchase the new restroom building utilizing Sourcewell (formerly NJPA)national pricing structure. Sourcewell has awarded a contract (#081721PRM) to Public RestroomCompany for restroom buildings through a competitive process. By purchasing the restroom buildingthrough Sourcewell, City staff estimates the Project will save between 1520% of contractor markup,approximately $56,000.According to Section 28.62 of the City Code, it is necessary for the city council to suspend competitivebidding and allow a direct purchase from a vendor. This is recommended since the prices for thesepurchases have effectively been competitively bid through CMAS and Sourcewell. The City hassuccessfully utilized both the CMAS program and Sourcewell national pricing structure on multiple parkprojects. Purchase contracts will be executed, which will guarantee the City a fixed price for the play equipmentand restroom building. Both the play equipment and restroom will be assigned to the general contractorselected to complete the construction of the Project. This same practice of assigning the purchasecontract to the contractor through the contract documents has been successfully used on many previouspark projects. Bids for the construction of the Project are scheduled to be received in the fall of 2023,and the Project is anticipated to be awarded at council by early winter of 2024. This purchase andassign procedure assures the City a competitive price, avoids having the City coordinate betweenLandscape Structures or Public Restroom Company and the contractor for delivery and installation,avoids any liability to the City from warranty or other issues with the play equipment and restroombuilding, provides parity between contractors bidding the Project, and allows the construction scheduleto be reduced due to less lead time for the play equipment and restroom building. The lead time for theplay equipment is approximately 28 weeks and the lead time for the restroom building is approximatelyone year out from the date of purchase order issuance. FINANCIAL IMPACTThe total cost for the prepurchased equipment is $901,042 (the play equipment is $539,439, therestroom building is $279,690, plus a 10% contingency.) These purchases will be funded by the ParksCapital Fund (Fund 251, Project 10019).PUBLIC CONTACT/ADVISORY BODY RECOMMENDATIONN/AALTERNATIVE ACTIONIf the council has any questions, this request may be delayed so that staff may provide the necessarybackground information. This is not recommended as the lead time for manufacturing the playequipment could delay the final construction of the project.

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

Description
Attachment 1: Allan Witt Community Park Phase 3 – All Inclusive Playground Design Attachment 2: Proposed Resolution – New Play Structure at Allan Witt Community Park Attachment 3: Landscape Structures CMAS Quote
Attachment 4: Proposed Resolution New Restroom Structure at Allan Witt Community Park Attachment 5: Public Restroom Company Sourcewell Quote
REVIEWERS:

Reviewer Action Date
Panganiban, Ryan Approved 6/5/2023 7:57 PM
Kaushal, Paul Approved 6/5/2023 8:04 PM
Beavers, Esther Approved 6/6/2023 10:55 AM
Beavers, Esther Approved 6/6/2023 10:55 AM
Packet Page 85 of 977

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ALLAN WITT COMMUNITY PARK-PHASE 3ALL INCLUSIVE PLAYGROUNDDRAWN BY:

SHEET TITLE
SHEET
CHECKED BY:

SCALE:

PROJECT NO:

ISSUE DATE
12150 Tributary Point Drive, Suite 140
Gold River, CA 95670
T 916.985.4366
IA/BS
MR
As Shown
18058
OFFile Path: T:\Projects\2018\18058_AllanWittParkCDs\3_ConstructionDocuments\PH3\18058_SC_PH3.dwg Plot Date: 7/13/22 Saved By: BsetliffCopyright © 2019 Callander Associates Landscape Architecture, Inc.57

REVISION DATE
CITY OF FAIRFIELD, CALIFORNIA www.callanderassociates.com CA: 800-642-2444
100% CDs 09/08/21
Bldg Permit Review 02/28/22

3.0 ACCESSIBLE PATH

OF TRAVEL PLAN
Packet Page 86 of 977Attachment 1 Page 1 of 1

CITY OF FAIRFIELD

RESOLUTION NO. 2023-158

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

BIDDING AND AUTHORIZING A CONTRACT WITH LANDSCAPE STRUCTURES FOR THE PURCHASE OF A NEW PLAY STRUCTURE AT ALLAN WITT COMMUNITY PARK - PHASE 3 ALL

INCLUSIVE PLAYGROUND

WHEREAS, the City wishes to pre-purchase and assign play equipment for the Allan Witt Community Park Phase 3 – All Inclusive Playground Project; and

WHEREAS, the desired equipment has been competitively bid through the California Multiple Award Schedule (CMAS) Program; and

WHEREAS, the desired equipment is only available from Landscape Structures.

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

Section 1. The City Council hereby suspends competitive bidding for the purchase of play equipment from Landscape Structures for the Allan Witt Community Park Phase 3 – All Inclusive Playground Project and authorizes the purchase of said equipment in an amount not to exceed $539,439.

Section 2. The public works director is hereby authorized to execute and administer amendments in an amount not-to-exceed amount of $53,944.

Section 3. The public works director is hereby authorized and directed to purchase the equipment and do all things necessary to complete the actions authorized under this Resolution.

PASSED AND ADOPTED this 20th day of June, 2023, by the following vote:

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

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

MAYOR
ATTEST:

____________________________

CITY CLERK
Packet Page 87 of 977Attachment 2 Page 1 of 1

28-32 weeksEst Lead Time
5/1/2023Quote Exp Date
3/31/2023Quote Date
1741 W Texas Street
Fairfield, California 94533
United States
Ship To
Allan Witt ParkShip To Name

ALL PURCHASE ORDERS, CONTRACTS, AND
CHECKS TO BE MADE OUT TO:

LANDSCAPE STRUCTURES, INC.
601 7TH STREET SOUTH
DELANO, MN 55328 U.S.A.
763-972-3391 800-328-0035
Fax: 763-972-3185
Allan Witt UAP CompleteQuote Name
00032853Quote Number
P.O. Box 4040
Public Works
Dept.
(physical: 1000 Webster St)
Fairfield, California 94533-0672
United States
Bill To
Fairfield, City ofBill To Name
CMAS Contract # 4-10-78-0057A
CMAS Proposal
$539,438.58
[email protected]
(707) 736-6890
00032853
Ross Recreation Equipment, Inc.

Jon Bawden
Thank you for the opportunity to quote your
upcoming project. PLEASE NOTE: quote does
not include installation, offload, payment and
performance bonds, engineering calculations,
security, storage, permits, inspection, or safety
surfacing unless otherwise noted.

Deposits may be required before order can be
placed depending on customer credit terms.

Your purchase is subject to the terms and
conditions of this quote, approval of this quote
agrees to those terms.

Signature _________________________________

Name ____________________________________
Title _____________________________________
Date _____________________________________

SIGNATURE BELOW ACCEPTING THIS PROPOSAL WILL

CONSTITUTE A PURCHASE ORDER ONLY UPON APPROVAL BY
LANDSCAPE STRUCTURES, INC. CUSTOMER RECEIPT OF AN

ORDER ACKNOWLEDGEMENT CONSTITUTES SUCH
APPROVAL.
$539,438.58Total
$50,750.00Freight Amount
$1,440.00Labor Amount
$37,653.58Tax Amount
$449,595.00Materials Amount
Quantity Product Product Description Sales Price Total Price

1.00 CMAS LSI Discount CMAS LSI Discount
CMAS Contract # 4-10-78-0057A -$19,982.00 -$19,982.00

1.00 CMAS Ross Discount CMAS Ross Discount -$29,973.00 -$29,973.00

1.00 CP001097 Skyways footing templates $600.00 $600.00

1.00 CP001822 Wet Stamp Engineered Drawings (per unit, not per project)$1,440.00 $1,440.00

1.00 CP0021976 1 CP021976 SkyWays Super Hip
4 Columns + 1 HDPE Top / 35' x 50' - 14' Entry $33,245.00 $33,245.00

1.00 PlayBooster, 2-5 Landscape Structures PlayBooster, ages 2-5. Design # 1146813-01-06 (2023)$98,675.00 $98,675.00

1.00 PlayBooster, 2-5 Landscape Structures PlayBooster, ages 2-5. Phase 2 components for 2-5 area.$23,460.00 $23,460.00

1.00 PlayBooster, 5-12 Landscape Structures PlayBooster, ages 5-12. Design # 1146813-01-06 (2023)$343,570.00 $343,570.00 Notes to Customer
Packet Page 88 of 977Attachment 3 Page 1 of 2

28-32 weeksEst Lead Time
5/1/2023Quote Exp Date
3/31/2023Quote Date
1741 W Texas Street
Fairfield, California 94533
United States
Ship To
Allan Witt ParkShip To Name

ALL PURCHASE ORDERS, CONTRACTS, AND
CHECKS TO BE MADE OUT TO:

Jon Bawden
If ordering materials after the expiration date,
please add 3-6% annually to materials for
anticipated price increase. If this is for a BID, it is the responsibility of the General Contractor
bidding to adjust their bid to accommodate
anticipated pricing. Please also note that sales
tax will be based on the current rate at the time
of shipping, not order date. Customer will be
expected to cover these taxes.

Ross Recreation will provide labor using a
subcontractor for all installation and labor
quoted. Neither Ross Recreation nor our
subcontractors are signatory to any unions,
however compliance with prevailing wage rate
requirements will occur. If union enrollment is
required by our subcontractor for completion of
this project, Ross Recreation will require a
change order to cover the costs of a per project
enrollment and additional wage/benefit
requirements.

Packet Page 89 of 977Attachment 3 Page 2 of 2

CITY OF FAIRFIELD

RESOLUTION NO. 2023-159

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

BIDDING AND AUTHORIZING A CONTRACT WITH PUBLIC RESTROOM COMPANY FOR THE

PURCHASE OF A NEW RESTAUROOM STRUCTURE AT ALLAN WITT COMMUNITY PARK - PHASE 3 ALL INCLUSIVE PLAYGROUND

WHEREAS, the City wishes to pre-purchase and assign a restroom building for the Allan Witt Community Park Phase 3 – All Inclusive Playground Project; and

WHEREAS, the desired restroom building has been competitively bid through the Sourcewell national pricing structure; and

WHEREAS, the desired restroom building is only available from Public Restroom Company.

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

Section 1. The City Council hereby suspends competitive bidding for the purchase of the restroom building from Public Restroom Company for the Allan Witt Community Park Phase 3 – All Inclusive Playground Project and authorizes the purchase of said equipment in an amount not to exceed $279,690.

Section 2. The public works director is hereby authorized to execute and administer amendments in an amount not-to-exceed $27,969.

Section 3. The public works director is hereby authorized and directed to purchase the equipment and do all things necessary to complete the actions authorized under this Resolution.

PASSED AND ADOPTED this 20th day of June, 2023, by the following vote:

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

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

MAYOR
ATTEST:

____________________________

CITY CLERK
Packet Page 90 of 977Attachment 4 Page 1 of 1

Price Proposal: Allan Witt Park Play Area
Owner: City of Fairfield, CA
Date: December 6, 2022
Reference: 10908-5/3/2020-3
Sourcewell: Contract # 081721-PRM

Our Offer to Sell:

1. Restroom Building delivered to site @ $ 258,422
Public Restroom Company herein bids to furnish (building only per plans and specifications, delivered to site with all costs except installation including applicable taxes excluding retention. (Retention is not allowed as this is materials or a product fully assembled before shipment to the site and therefore not subject to retention.)

2. Installation: Turnkey Installation of the Building above @ $ 21,268 with retention allowed.

Public Restroom Company also includes in this two-part quotation our turnkey installation package for this building. Our national factory authorized installation team will:
a. Arrive onsite to confirm and verify the Owner/General Contractor provided scope of work in preparation for installation including access to the site. b. Verify the building pad size, building corners, finished slab elevation, utility depth and location, meter size and distance from building, and compaction compliance. c. Excavate the utility trenches for placement of our prefabricated underground piping tree for plumbing and electrical, set the kit in place, provide the water test for inspection before backfilling, and then place the site adjacent coarse sand you provide to us alongside the building pad and screed it level for final building placement. We will need onsite water availability for wetting the sand bed before building placement to consolidate the pad.
d. Set the building on the site pad.
e. Connect the utility piping stub ups to the building piping stub down building points of connection for water, sewer, and electrical conduit to the building internal electrical panel.

3. Owner/General Contractor Final Tie In of Utilities and other site work:

The exterior utility connections for water, sewer and electrical 6’ or less from the footprint of the building are by owner/general contractor.

4. Total Cost of building and installation @ $ 279,690

Packet Page 91 of 977Attachment 5 Page 1 of 13

OWNER/GENERAL CONTRACTOR SCOPE OF WORK WITH/WITHOUT FOOTINGS:

Scope of Work Background:

Owner/General Contractor shall survey the site, establish survey for the building pad and prefabricated building slab elevation and front corners, excavate for building footings (if required), locate footing sleeves for electrical, waste, and water, pour the footings (if required), furnish sand base adjacent to subgrade pad, and provide location for utility POC’s nominally 6’ outside the foundation.

Preparation of Building Pad:

Owner/General Contractor is responsible for providing the building subgrade pad or when required footings to frost depth per Public Restroom Company design specifications. PRC will provide detailed drawings for the subgrade building pad, utilities POC’s, and if required the footings, attached to this scope of work.

Subgrade Pad/Foundation Requirements:

1. Owner/General Contractor shall survey the building site and provide a finished slab elevation for the prefabricated building. The building pad size we require is larger than the final actual building footprint. Provide building front corner stakes with 10’ offsets.

2. Excavate the existing site to the depth of the required footings to local code if required.

3. Furnish coarse concrete sand adjacent to subgrade pad so PRC can cut the utility trenches, install underground utilities, and screed sand.

Owner/General Contractor verification of site access to allow Building Delivery:

1. You certify to PRC that suitable delivery access to the proposed building site is available. Suitable access is defined as 14’ minimum width, 16’ minimum height, and sufficient turning radius for a crane and 70’ tractor-trailer.

2. Our cost is based upon the crane we provide being able to get within 35’ from the building center and for the delivery truck to be no more than 35’ from the crane center picking point.

3. If the path to the building site traverses curbs, underground utilities, landscaping, sidewalks, or other obstacles that could be damaged, it is the Owner/General Contractor ‘s responsibility for repair and all costs, if damage occurs.

4. If trench plating is required, it shall be the cost responsibility of the Owner/General Contractor.

5. If unseen obstacles are present when site installation begins, it is the Owner/General Contractor responsibility to properly mark them and verbally notify PRC before installation.

6. If weather becomes an issue for safety or site installation delays due to weather, Owner/General Contractor or PRC with General Contractor’s confirmation may call-off set. If building set is stopped, relocation of the building modules to an onsite or offsite location may incur additional costs to Owner/General Contractor.

Installation Notice and Site Availability:

PRC will provide sufficient notice of delivery of the prefabricated building. The Owner/General Contractor shall make the site available during the delivery period. During the delivery period, on an Packet Page 92 of 977Attachment 5 Page 2 of 13

improved site, Owner should stop site watering several days before delivery to minimize the impact on the soils for the heavy equipment needed for installation.

Caution: If site is not ready for our field crew to perform their installation and if no notice of delay in readiness from Owner/General Contractor is received, PRC will provide a change order for re- mobilization on a daily basis until the site is ready for us. Ready means that the site pad is completed, the corner required survey stakes are in place, the slab elevation stakes are in place, the location of the front of the building is confirmed on site, and access to the site is available from an improved roadway. Owner/General Contractor shall sign the change order before we will continue delivery.

Public Restroom Company will “turn-key” set the buildings including the hook up of utilities inside the building (only) when they are available. PRC will use its own factory trained staff for the installation.

Utility Connections:

1. The Owner/General Contractor is responsible for flushing all water service lines before final connection.

2. The Owner/General Contractor is responsible for the final connections of water, sewer, and electrical at the exterior of building POC’s.

3. PRC provides a POC for water, a POC DWV waste line with a clean out your service connection, and an electrical schedule 80 PVC sleeve at an exterior POC.

4. PRC provides and connects the interior building utility connections and the Owner/General Contractor or their subcontractor makes the exterior connections to POC’s for services.

Special Conditions, Permits, and Inspection Fees:

Follow any published specifications governing local building procedures for applicable building permit fees, health department fees, all inspection fees, site concrete testing fees, and compaction tests, if required by Owner. PRC is responsible for all required State inspections and final State insignia certification of the building, if applicable.

Jurisdiction for Off-site Work:

Jurisdiction, for permitting and inspection of this building shall be either the State agency who manages prefabricated building compliance in the state or the local CBO (when the State does not provide certification.) If the responsibility for building inspection is the local CBO, we will provide a certified plan set, calculations, and a third-party engineer inspection report for any and all closed work the local official cannot see.

PUBLIC RESTROOM COMPANY SCOPE OF WORK:

Our In Plant/Off-Site Construction Scheduling System:

PRC has several off-site manufacturing centers in the United States, strategically located, with the proper equipment and trained staff to fabricate our custom buildings to our high-quality fit and finish standards. PRC manages quality control in our off-site production facility to comply with the approved drawings and provides an inspection certification and photos as required. When proprietary materials, Packet Page 93 of 977Attachment 5 Page 3 of 13

which we have designed and fabricated, are part of the project, PRC supplies the manufacturing centers with these proprietary PRC components. We then schedule the in-plant construction process to coordinate with your delivery date through our Operations Division field staff. We guaranty on time at cost delivery weather permitting.

Special Payment and Progress Billing Terms:

Invoicing begins on the 30th of the month following an order and/or the acceptance of the proposal/contract.

The first progress billing invoice will be issued for the commencement of design and engineering of architectural plans. This will be 10% of the contracted amount. Once construction begins invoicing will commence monthly based on plant percentage of completion, supported by photographs.

In the event of project stoppage, additional fees may be assessed for re-mobilization, storage, crane costs, etc. Our discounted project costs are based upon timely payments. Delays in payment could change delivery schedules and project costs.

Delivery and Installation:

Site Inspection:

PRC staff, upon site arrival, will verify the required dimensions of the building pad and the corner locations/elevation. We will also verify the delivery path from an accessible road or street and install the underground utilities to the point of connection nominally 6’ from the exterior of the building.

Installation:

PRC will install the building turnkey, except for any exclusion (listed under “Exclusions,” herein.)

Installation of Utilities under the Prefabricated Building:

We fabricate off-site an underground utilities (water, and DWV piping and fittings) preassembled plumbing and electrical tree. Our site staff will set the underground tree into code depth excavated trenches and our staff will install the coarse concrete sand to bed the piping per our submitted drawing.

We provide all the under-slab piping including the driven electrical ground rod. The Owner/General Contractor brings utility services to within 6’ of the pad and are responsible for final connections at that point.

Connection of Utilities Post Building Placement:

After placement of the building on the pad by PRC, our field staff will tie in the water and sewer connection “inside” the building only and terminate at a point of connection (POC) outside the building clearly marked for each utility service. The Owner/General Contractor is responsible for final utility point of service connections at the nominal 6’ from building locations.

Electrical:

PRC provides the electrical conduit to the POC 6’ from the building. The Owner/General Contractor pulls the wire and ties it off on the electrical panel.

Packet Page 94 of 977Attachment 5 Page 4 of 13

Plumbing:

PRC provides the POC up to 6’ from the building footprint and the Owner/General Contractor connects the water to our stub out location

Sewer:

Some sites depending on the local jurisdiction will require an outside house trap which Owner/General Contractor shall install if needed. PRC will provide you with a sewer point of connection including a clean out to which Owner/General Contractor will terminate the site sewer service.

Testing of Water, Sewer, and Electrical in Plant and Final Site Utility Connection:

Before the building leaves the manufacturing center, PRC certifies a pressure water piping test, DWV, and the electrical connections for compliance with code. While the building is fully tested for leaks at the plant before shipment, road vibration may loosen some plumbing slip fittings and require tightening once the building services (water) is completed. Owner/General Contractor is responsible for minor fitting tightening to handle small slip fitting leaks caused by transportation.

Time of Completion:

PRC estimates a 240 calendar day schedule to complete our scope of work from receipt of written notice to proceed together with signed approved architectural submittals from all authorities required to approve them.

Exclusions/Exceptions:

1. Access issues for delivery of the building by a clear unobstructed path of travel from an improved roadway to the final installation pad or foundation may cause site delays and extra cost at each site. This exclusion covers sites whose access is limited by trees, inaccessible roadways, overhead power lines at location where crane will lift building, grade changes disallowing our delivery trailers with only 4” of clearance to grade, berms, or uneven site grades, or when the path of travel is over improvements such as sidewalks, all of which are not within the scope of work by PRC. On some sites without on-site storage availability for buildings that cannot be set, relocation to a proximal crane yard and later relocated to the site for installation, will incur additional fees at rates that vary depending on local rates. PRC will provide written costs for this additional work by change order.

2. If weather on site causes site delivery issues, the delivery may have to be diverted to an off-site location and the additional costs will be a change order to the bid. Our staff works with the Owner/General Contractor in advance to make sure sound decisions for delivery are made to avoid this issue. But sometimes Owner/General Contractor take risks for weather, but this risk is clearly at the Owner/General Contractor risk, not PRC.

3. Sidewalks outside the building footprint.

4. Trench plates or matting needed for protection of site soils, sidewalks, hardscaping, or site utilities shall be the responsibility of the Owner/General Contractor. Any site soils damage or other site improvements if damaged during installation shall be the responsibility of the Owner/General Contractor.

Packet Page 95 of 977Attachment 5 Page 5 of 13

5. Not responsible for removing any soil, sand, or other debris as a result of trenching or installation.

6. Survey, location of building corners, finish floor elevation, excavation, and construction of subgrade building pad and footings (if required) per PRC plans.

7. Soil conditions not suitable for bearing a minimum of 1500 PSF with compaction to 90% maximum dry density shall require Owner/General Contractor correction before building placement. If no soils testing report is available before bid, Owner/General Contractor must verify site supporting soils at a minimum of 1500 PSF because that is the least we can place our structures on or Owner/General Contractor or engineer of record must design a foundation system to meet the imposed loads of site placement.

8. Improper water pressure, an undersized meter, or improper water volume flow to the building may necessitate a change order for installation of a building internal diaphragm tank to provide the minimum flow rate and static pressure of up to 60 PSI and a minimum of 40 PSI to properly flush the fixtures. Building water service chlorination, post installation, shall be by Owner/General Contractor.

9. Our bid included crane costs are based on a maximum 35’ radius from the center pin of the crane (10’ back from the rear of the crane) to the building center point of the furthest building module roof. If additional distance requires a larger crane, additional costs will be assessed by change order to the Owner/General Contractor.

10. Bonds, building permits, a site survey, special inspection fees, minor trash removal (nominally one pickup truck of shipping materials), final utility connections to the on-site water, sewer and electrical are by the Owner/General Contractor. Since the building is fully inspected and tested in plant, minor plumbing leaks (if water is not available when building site work installation is completed) is by the Owner/ General Contractor.

11. Site Traffic Control, if applicable, shall be by Owner/ General Contractor, not PRC.

12. Any equipment installation, site work or special inspections other than described within this proposal, shall be by Owner/General Contractor.

13. Backflow certification if applicable by Owner/ General Contractor.

Insurance and Prevailing Wage Certification:

PRC shall comply with the required insurance requirements, wage reports, and safety requirements for the project, including OSHA regulations.

Special Insurance to protect the Building before acceptance:

As PRC requires payment for each month of off-site construction, and since the building is not on owner property where their insurance will cover the building, we maintain a special policy that insures the property even when paid for off-site until the building is finally accepted by the owner. This special policy protects the Owner’s custom ordered materials to be used in the fabrication of the building during this period. PRC provides this Stock Throughput Policy to cover the building materials from supplier to manufacturer, while it is being built off-site, while in transit to the job site, during and after it is installed on-site until final acceptance. This special policy has a $1,000,000 coverage limit. This exceeds the cost of any single building we have offered for sale herein.

Packet Page 96 of 977Attachment 5 Page 6 of 13

Errors and Omissions Insurance:

Our firm employs licensed architects, engineers, and drafting staff to provide design of our buildings.

Since these buildings are required to meet accessibility standards and building codes on site, and since we are the designer, we carry Errors and Omissions Insurance (E & O) to protect our clients from any errors. The policy covers a limit of up to $2,000,000 per occurrence and is more clearly explained in the insurance certificates we provide after receipt of a purchase order.

WARRANTY
All work performed by PUBLIC RESTROOM COMPANY (called “Company”) shall be warranted to the Owner to be of good quality, free of faults and defects in material, workmanship, and title for 5 years from last date of installation if building is installed by Company or 1 year if building is installed by Owner or Owner’s agent without on-site supervision by Company. Company warranty on building shell including exterior walls, concrete 8” slab/foundation, and roof system is warranted for 20 years structurally. The Company will repair or replace at their sole option any defects in work upon proper notice to the below stated address below.

Our Company extended warranties shall be Company only and shall have no effect on any required Performance, Payment, or Warranty Bonds where Surety shall assume no liability to the Company, the Owner, or any third parties should the Company fail for any reason to deliver acceptable maintenance warranties beyond the one year period. The warranty extension is solely between the owner and PRC and not the general contractor, bonding company, or architect/engineer of record.

This warranty applies only if all work performed by Company has been fully paid for, including change orders if applicable. Company has no responsibility for any neglect, abuse, or improper handling of building product.

The warranties expressed herein are exclusive, and are in lieu of all other warranties expressed or implied, including those of merchantability and fitness.

There are no warranties which extend beyond those described on the face of this Warranty. The foregoing shall constitute the full liability of the Company and be the sole remedy to the Owner.

Term of Offer to Sell and Owner/General Contractor Acceptance:

This offer is valid for acceptance within 30 days, or when a part of a public bid for the applicable duration imposed within the Owner’s bid documents. Acceptance is by approving our post bid preliminary notice to begin drawings subject to final Owner/General Contractor approval of our submittals and receipt of a contract or a purchase order/contract.

Special Notice of Possible Project Cost Increases as a Result of Late Payments:

In the event of delayed or late payment, PRC shall have the right to remedies including late charges, overall project total cost increases, and other damages as allowed by applicable law. The contract price quoted herein is a discounted price based upon our receipt of progress payments as invoiced on the agreed billing schedule of PRC. In the event of non-payment, PRC will provide a 5 day written notice to Packet Page 97 of 977Attachment 5 Page 7 of 13

Allan Witt Park Play Area, City of Fairfield, CA| 12/6/2022| Reference #10908-5/3/2020-3 2587 Business Parkway | Minden, NV 89423 | www.PublicRestroomCompany.com | p: 888-888-2060 | f: 888-888-1448 8 of 8
cure and if payment is still not received, the discounted price for the payment due may increase, to an undetermined amount, to cover work stoppage, remobilization, cancellation of materials and subsequent restocking charges, resale of the contracted building to another party, storage fees, additional crane fees, travel and per diem costs for field crews, and any other cost applicable to the project, as allowed by law. Interest if applicable to non-payment will be assessed at the maximum amount allowed by law or 18% whichever is greater.

Termination
Upon Termination for any reason, Owner/General Contractor shall be liable for the cost of all work performed up to the date of termination. Additionally, Owner/General Contractor shall pay for off-site demolition and disposal of the partially or fully fabricated building as well as any non-returnable materials which were custom-ordered to complete fabrication in PRC’s factory location. Any returned materials are subject to return and restocking fees at the Owner/General Contractor expense.

Venue for Contract Jurisdiction:

Public Restroom Company requires all contracts accepted by our firm to hold that the venue for legal jurisdiction for this contract offer and acceptance shall be Douglas County, Nevada. In the event of your default, PRC shall be entitled to the full amount due including reasonable attorney fees, costs, storage, expenses of physical recovery, and statutory interest, as allowed by law.

No modifications to this offer shall be authorized unless confirmed in writing by the President of Public Restroom Company.

Offered by: Public Restroom Company by _________________________________ Charles E. Kaufman IV, President
This provides conditional acceptance of this preliminary purchase order for this building subject to acceptance of the submittals, furnished by Public Restroom Company. Once you accept the preliminary submittals, this shall become a final purchase agreement or at your discretion the final purchase order or a contract may be substituted with this attached.

Accepted by:
_______________________________ _______________________________ Authorized Signature Date Signed
_______________________________ _______________________________ Printed Name Legal Entity Name and Address
Packet Page 98 of 977Attachment 5 Page 8 of 13

www.PublicRestroomCompany.comPROJECT REF#: 10908-7/15/2022-42587 BUSINESS PARKWAYMINDEN NEVADA 89423P: 888-888-2060 F: 888-888-1448 ARTIST IMPRESSION: 3D RENDERING ONLY FOR REPRESENTATION. COLORS AND MATERIALS ARE SUBJECT TO CHANGECOPYRIGHT 2020, PUBLIC RESTROOM COMPANY THIS MATERIAL IS THE EXCLUSIVE PROPERTY OF PUBLIC RESTROOM COMPANY AND SHALL NOT BE REPRODUCED, USED OR DISCLOSED TO OTHERS EXCEPT AS AUTHORIZED BY THE WRITTEN PERMISSION OF PUBLIC RESTROOM COMPANY.RESTROOM BUILDINGALLAN WITT PARKCITY OF FAIRFIELD, CALIFORNIAP L A Y A R E AFLOOR PLANSCALE: NOT TO SCALEPacket Page 99 of 977Attachment 5 Page 9 of 13

212T.O. SLAB0'-0"T.O. WALL7'-4"LAP SIDINGSTUCCOWAINSCOT12'-2" 12'-2"4"
4"
4"EXTERIORLAVATORIES29'-4" (ROOF OVERALL)28'-0" (BUILDING)13'-4" (ROOF OVERALL)11'-4" (BUILDING)8"8"4"1'-8"UTILITYCHASEELEC.PANELACC/RRALLGENDERBCACC/RRALLGENDERACC/RRALLGENDERADULTCHANGING11'-10" (SLAB OVERALL)28'-6" (SLAB OVERALL)ADULTCHANGINGEXTERIORLAVATORIESHDFLOOR PLANSCALE: 3/16"=1'0"ELEVATION 1SCALE: 3/16"=1'-0"1-2-ELEVATION 2SCALE: 3/16"=1'-0"MAX. PERSON / HOUR:PROJECT #:REVISION #10908135SHEET#START10/20/2020DATE:DRAWN BY:EORREVISIONDATE:4DRAWN BY:COPYRIGHT 2022, PUBLICRESTROOM COMPANY THISMATERIAL IS THE EXCLUSIVEPROPERTY OF PUBLICRESTROOM COMPANY ANDSHALL NOT BE REPRODUCED,USED, OR DISCLOSED TOOTHERS EXCEPT ASAUTHORIZED BY THE WRITTENPERMISSION OF PUBLICRESTROOM COMPANY.~NOT FOR CONSTRUCTION ~ PRELIMINARY DESIGN DRAWING ONLY ~ DO NOT SCALE, DIMENSIONS PRESIDEPROJECT:BUILDING TYPE:SPROJECT REF#: 10908-7/15/2022-4ALLAN WITT COMMUNITY PARK PLAY AREACITY OF FAIRFIELD, CA RESTROOM BUILDING7/15/2022EORPacket Page 100 of 977Attachment 5 Page 10 of 13

Date:

Bldg Size:

Type of Bldg:

CAP BEAM
FINISH

FLOOR SYSTEM
Entire Building

ROOM/ITEM
12/6/2022
See Drawings
PS-033
Restroom
Exposed Concrete with Light Broom Finish with Integral Additive for Stain/Moisture Resistance

TYPE OF BUILDING
Construction Type
MVR WOOD Wood Framed walls above cap beam, and wood framed rafters [ceiling & vents same as MVR] Entire Building Floor Coating with Skid Resistant Additive - Flakes 5-11
Site Address:1741 West Texas Street
City, State, Zip:Farfield, CA 94553

SPECIFICATIONS
Project #:10908
Project Name:Allan Witt Community Park Play Area

WALL SYSTEM

BUILDING WALLS HEIGHT
Building Walls Height 7'4"
Precision Exterior 6" CMU Precision Gray - Exterior Rows1-4 and Baby Changing Stations Walls 1-4

EXTERIOR WALLS - CMU BLOCK TYPE AND COLOR ROWS
Precision GrayPrecision Exterior 4" CMU

TYPE FINISH HEIGHT

WALL FINISHES - EXTERIOR
Cap Beam Cap Beam, Steel Tube, Painted
Stucco -Below- Cap Beam Painted Stucco Finish - Applied Over CMU To 32" AFF FRC Siding -Below- Cap Beam Cedarmilll, Lap Siding, Horizontal-Allura - Painted Above Wainscot To Cap Beam FRC Siding -Above- Cap Beam FRC Stucco Pattern-James Hardie - Painted Above Cap Beam Exterior Paint PPG Exterior Gloss - Colors TBD by client

WALL FINISHES - INTERIOR
Vents SS Wire Mesh Stainless Steel Wire Mesh
ROOM
Restrooms Below Cap Beam Block filler & paint To Cap Beam

FINISH HEIGHT
Restrooms - Above Cap Beam Stucco Pattern FRC - Painted Above Cap Beam Mechanical - To Cap Beam Block filler & paint To Cap Beam Mechanical - Above Cap Beam Painted OSB Above Cap Beam

ROOF SYSTEM

ITEM DESCRIPTION
Vertical Seam 24 ga Metal Sales Vertical Seam 24 ga 12in. Panel Striations Entire Building Ceiling (MVR) 5/16" Cement Board Stucco Pattern Over 5/8" OSB Fascia 14/16 Ga Formed Galvanized Steel W/1" Return At Top (MVR) Packet Page 101 of 977Attachment 5 Page 11 of 13

DESCRIPTION
ITEM
Hollow Metal Doors Hollow Metal: Galvanized 14 GA. Door w/ 14 GA Frame Continuos Hinge Hollow Metal Doors W/Astragals Hollow Metal: Galvanized 14 GA. Door w/ 14 GA Frame Continuos Hinge with Astragals and 4"undercut

DOORS - HARDWARE

DESCRIPTION
Deadbolt SCHLAGE B600 series temporary large format core (std) Door Closer
Pull Plates

ITEM LOCATION
Rockwood-VRT24 "Z" (Standard w/Anti-Microbial) (Std)
LCN Closer, Model # 4211 Cush Arm (for Out Swing Door) Restroom Door Sweeps Pemko Door Sweep 321SSN36"Chase
Ives Crash Chain (Standard)Ives Crash Chain, # CS11526D20, US26D, 20.5, Crash Stop Chase Door Threshold (No Tile)Threshold Fluted Saddle Mill Finish Alum, 4" Wide #270A36 Concession Magnetic Locks (SAM)SAM Securitron System SPN-5455 English/Spanish Button (Std) ITEM

RESTROOM ACCESSORIES

MANUFACTURER/DESCRIPTION FINISH
3-roll Toilet Paper Holders Royce Rolls TP-3 Stainless Steel Signage
Grab Bars Grab Bars Stainless Steel
Door/Wall Signs Polished Aluminum & Blue
Aluminum Louvers (Chase Std)Louver Sunvent Industries Model #157 Polished Aluminum Surface Mount SS Foundations Special Needs Changing Station # 100SSE-SM (ADULT)Stainless Steel Baby Changing Station Foundations 200-EH-1 Poly Gray
Hand Dryer Fastaire HD03S Hand Dryer (Short)

ITEM MANUFACTURER/DESCRIPTION
Utility Hook (Standard)Utility Hook, Bright Finish, Bobrick # B-670-PRC or Franklin Brass 5501 for Blazer Soap Dispenser PRC Proprietary Tank
W/Thru Wall Valve Thru Wall Valve ASI #353
Toilets - Stainless Steel Acorn # 1675 W-1-HET 1.28 GPF-FVBO-ADA-PFS-316SS

PLUMBING

FIXTURE/PART DESCRIPTION
Lavs - Stainless Steel Rear Connect Acorn # 1652LRB-1-DMS-03-M-316SS Sensor - Toilet Flush Valve Zurn Flush Valve 1.28 Ga Zurn # ZEMS6152AV-HET-7L-1.28 Floor Drains: W/Trap Primer Floor Drain Zurn # ZN460-2NH-5B W/Strainer / With Trap Primer Water Heater Stiebel DHC-E8 1-2 lavatories

FIXTURE/PART DESCRIPTION

PLUMBING GENERAL
Tempered Water to Lavs Thermostatic Mixing Valve, Acorn Model # ST70-12 Bladder Tank ProFlo PFXT5, (PRC)/ Amtrol 2 gal (Blazer) - no elect required Water Line Material
Valve Combo (PRV)Valve Combo with Pressure Reducing Valve Copper (Std)
Hose Bibb- Interior Acorn #8121-LF - in the Chase
Metering Faucet Single Hole Metering Faucet, Chicago Model # 333-E2805-665PSHABCP - Tempered Packet Page 102 of 977Attachment 5 Page 12 of 13

100 amp Single Phase -

LIGHTING
DESCRIPTION (W=WALL, C=CEILING)
Electrical Panel

ELECTRICAL

ITEM DESCRIPTION
120/240 v 20 Circuits
Lighting Control -Interior-Light Fixture Integraded Occupancy Sensor (OCC) ITEM
Interior Lights W/C) Luminaire, Swoop Series SWP1212-OP-BRZ-OCC 15 Watts Lighting Control -Exterior-Photo Cell Intermatic Photo Control #EK4336S Exterior Lights W) Luminaire, AEL-12 (Dark Sky Compliant) 20" long 10 Watts Chase Lights C) Green AL-41L (small Chase) Waterproof 18 Watts Chase Lights C) Green AL-42L (large Chase)Waterproof 36 Watts Switches By Pass By Pass (To By Pass OCC Sensors)
Switches Single Pole Single Pole (Adjacent to Panel)
Receptacles
Emergency Exit Sign Lithonia LHQM *need one for each door Emergency Light Lithonia ELM2L Led 2 Head Led Emergency Light (Mechanical Room)

RECEPTACLES/SWITCHES, HEATERS, FANS, HVAC, LIGHTED SIGNS

ITEM DESCRIPTION LOCATION
GFCI (Adjacent to Panel)
Packet Page 103 of 977Attachment 5 Page 13 of 13

Agenda Item No: 10.

AGENDA REPORT
DATE:June 20, 2023
TO:Mayor and City Council
FROM:David Gassaway, City Manager
SUBJECT:Resolution 2023160 of the City Council of the City of Fairfield Suspending Competitive Bidding and Authorizing the City Manager to Purchase One Portable Genset with Electric Vehicle (EV) Charger for FAST Battery Electric Buses and Authorizing an Update to the Fiscal Year 20232024 Budget
RECOMMENDED ACTION
Adopt resolution.

STATEMENT OF ISSUE
Fairfield’s “FAST” transit system has ordered its first three battery electric buses to replace three 21 yearold buses, which will be delivered in December 2023. Since permanent electric vehicle (EV) chargers will not be installed at the City of Fairfield’s Corporation Yard until 2025, FAST and the Public Works Fleet Division staff have been researching an interim portable EV charging solution. The cost of a new portable EV charging solution is included in the fiscal year (FY) 20232024 budget. Adopting this resolution would suspend competitive bidding and authorize the city manager to purchase one portable genset with EV charger from Assetworks.

DISCUSSION
The California Air Resources Board (CARB) has adopted an Innovative Clean Transit (ICT), Advanced Clean Fleet (ACF), Advanced Clean Cars II (ACC), and InUse OffRoad updated regulations. These regulations are meant to speed up the Zero Emission Vehicle (ZEV) adoption in California, with required purchases starting for government agencies in calendar year 2024. The CARB definition of electrification is for agencies to either use battery electric or hydrogen fuel cell technology to meet ZEV regulations. The City plans to utilize battery electric technology.

The City is in the process of initiating a largescale electrification project to install permanent EV chargers for battery electricvehicles at the City’s Corporation Yard. As the permanent chargers and related infrastructure project are expected to be completed in 2025, the City needs to have a temporary charging solution for three new Gillig battery electric buses that are due to be delivered in December 2023 to replace the three 21yearold buses.

Packet Page 104 of 977

Assetworks is the City’s fleet management software provider. The city council passed resolution 2021 263 on November 2, 2021, approving the City’s participation in a pilot program to purchase EV chargers from Assetworks as the preferred vendor to charge its four light duty Ford electric vehicles.

Assetworks is also a reseller of preprogrammed EV chargers.

Electric vehicle charging, as well as backup power for the chargers, continues to be a dynamic industry with new technologies still emerging. However, there is still limited availability of realworld temporary or backup power solutions if the power grid is unavailable. While staff have met with multiple companies that have portable heavyduty charging solutions, these companies do not have working solutions in the area that can be seen in operation as references. Assetworks provided staff with a solution that could be seen in operation at the Port of Benicia, which allowed staff to discuss operation and ease of use with a customer. Staff is recommending expanding its 2021 pilot program with Assetworks to include the purchase of a propanepowered generator. As proposed, the generator would be mounted on a trailer with a heavyduty EV charger capable of charging two Gillig battery electric buses at one time.

Staff believes purchasing the Assetworks generator would offer the City the best fiscal value, as it would address an immediate need to charge three new buses using hardware from its current software provider while also providing a future permanent back up charging option in the event of a Public Safety Power Shutoff (PSPS).

Staff will also need to apply to the Bay Area Air Quality Management District (BAAQMD) to obtain a permit to operate this unit. If this action is approved, an application will be submitted for the generator to be housed at the City’s Corporation Yard. BAAQMD will then determine if a health risk assessment is needed, which will require an opportunity for the public to provide comment on the project. In the event the permit does not allow for sufficient runtime to meet charging needs at the City’s Corporation Yard, the Waterman Water Treatment Plant would be considered as a secondary location to charge the buses.

The City has the opportunity to purchase a new eBoost portable genset with EV charger that will meet the needs of the Department at a competitive price utilizing the Equalis Group national pricing structure.

Equalis Group is a cooperative purchasing organization that provides contracts competitively solicited by public agencies for products and services. Their master agreements are established through rigorous and transparent competitive solicitations conducted in accordance with public procurement guidelines to ensure members stay in compliance. Equalis Group has awarded a contract (COG 2123A) to Assetworks for EV charging hardware and software through a competitive process.

Assetworks has agreed to sell an eBoost portable genset with a Chargepoint EV charger to the City utilizing the Equalis Group price.

Staff recommends the adoption of the attached resolution to suspend competitive bidding and authorize the purchase of one portable genset with EV charger from Assetworks in the amount of $1,269,666 plus taxes utilizing the Equalis contract. Since the City has experienced supply chain issues over the past year causing rising prices and delays in the procurement of specialty products like EV chargers, staff recommends a 10% price contingency of $129,966 for a total nottoexceed authorization of $1,396,632 plus taxes.

FINANCIAL IMPACT
The total cost of the portable genset with EV charger is nottoexceed $1,396,632 ($1,269,666 base cost + $126,966 contingency). This purchase was not budgeted in the FY 20232024 budget and will require a budget adjustment of $1,396,632 to be funded with Transportation Development Act (TDA) Funds.

PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
Packet Page 105 of 977

Agenda Item No: 10.AGENDA REPORTDATE:June 20, 2023 TO:Mayor and City CouncilFROM:David Gassaway, City ManagerSUBJECT:Resolution 2023160 of the City Council of the City of Fairfield Suspending CompetitiveBidding and Authorizing the City Manager to Purchase One Portable Genset withElectric Vehicle (EV) Charger for FAST Battery Electric Buses and Authorizing anUpdate to the Fiscal Year 20232024 BudgetRECOMMENDED ACTIONAdopt resolution.STATEMENT OF ISSUEFairfield’s “FAST” transit system has ordered its first three battery electric buses to replace three 21yearold buses, which will be delivered in December 2023. Since permanent electric vehicle (EV)chargers will not be installed at the City of Fairfield’s Corporation Yard until 2025, FAST and the PublicWorks Fleet Division staff have been researching an interim portable EV charging solution. The cost ofa new portable EV charging solution is included in the fiscal year (FY) 20232024 budget. Adopting thisresolution would suspend competitive bidding and authorize the city manager to purchase one portablegenset with EV charger from Assetworks.DISCUSSIONThe California Air Resources Board (CARB) has adopted an Innovative Clean Transit (ICT), AdvancedClean Fleet (ACF), Advanced Clean Cars II (ACC), and InUse OffRoad updated regulations. Theseregulations are meant to speed up the Zero Emission Vehicle (ZEV) adoption in California, withrequired purchases starting for government agencies in calendar year 2024. The CARB definition ofelectrification is for agencies to either use battery electric or hydrogen fuel cell technology to meet ZEVregulations. The City plans to utilize battery electric technology. The City is in the process of initiating a largescale electrification project to install permanent EVchargers for battery electricvehicles at the City’s Corporation Yard. As the permanent chargers andrelated infrastructure project are expected to be completed in 2025, the City needs to have a temporarycharging solution for three new Gillig battery electric buses that are due to be delivered in December2023 to replace the three 21yearold buses. Assetworks is the City’s fleet management software provider. The city council passed resolution 2021263 on November 2, 2021, approving the City’s participation in a pilot program to purchase EVchargers from Assetworks as the preferred vendor to charge its four light duty Ford electric vehicles.Assetworks is also a reseller of preprogrammed EV chargers. Electric vehicle charging, as well as backup power for the chargers, continues to be a dynamic industrywith new technologies still emerging. However, there is still limited availability of realworld temporary orbackup power solutions if the power grid is unavailable. While staff have met with multiple companiesthat have portable heavyduty charging solutions, these companies do not have working solutions in thearea that can be seen in operation as references. Assetworks provided staff with a solution that couldbe seen in operation at the Port of Benicia, which allowed staff to discuss operation and ease of usewith a customer. Staff is recommending expanding its 2021 pilot program with Assetworks to includethe purchase of a propanepowered generator. As proposed, the generator would be mounted on atrailer with a heavyduty EV charger capable of charging two Gillig battery electric buses at one time.Staff believes purchasing the Assetworks generator would offer the City the best fiscal value, as it wouldaddress an immediate need to charge three new buses using hardware from its current softwareprovider while also providing a future permanent back up charging option in the event of a Public SafetyPower Shutoff (PSPS). Staff will also need to apply to the Bay Area Air Quality Management District (BAAQMD) to obtain apermit to operate this unit. If this action is approved, an application will be submitted for the generator tobe housed at the City’s Corporation Yard. BAAQMD will then determine if a health risk assessment isneeded, which will require an opportunity for the public to provide comment on the project. In the eventthe permit does not allow for sufficient runtime to meet charging needs at the City’s Corporation Yard,the Waterman Water Treatment Plant would be considered as a secondary location to charge thebuses. The City has the opportunity to purchase a new eBoost portable genset with EV charger that will meetthe needs of the Department at a competitive price utilizing the Equalis Group national pricing structure.Equalis Group is a cooperative purchasing organization that provides contracts competitively solicitedby public agencies for products and services. Their master agreements are established throughrigorous and transparent competitive solicitations conducted in accordance with public procurementguidelines to ensure members stay in compliance. Equalis Group has awarded a contract (COG2123A) to Assetworks for EV charging hardware and software through a competitive process.Assetworks has agreed to sell an eBoost portable genset with a Chargepoint EV charger to the Cityutilizing the Equalis Group price. Staff recommends the adoption of the attached resolution to suspend competitive bidding andauthorize the purchase of one portable genset with EV charger from Assetworks in the amount of$1,269,666 plus taxes utilizing the Equalis contract. Since the City has experienced supply chain issuesover the past year causing rising prices and delays in the procurement of specialty products like EVchargers, staff recommends a 10% price contingency of $129,966 for a total nottoexceedauthorization of $1,396,632 plus taxes.FINANCIAL IMPACTThe total cost of the portable genset with EV charger is nottoexceed $1,396,632 ($1,269,666 basecost + $126,966 contingency). This purchase was not budgeted in the FY 20232024 budget and willrequire a budget adjustment of $1,396,632 to be funded with Transportation Development Act (TDA)Funds.

PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
N/A
ALTERNATIVE ACTION
The council may reject this acquisition; however, this is not recommended due to the need to provide efficient public transit services.

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

Description
Proposed Resolution
REVIEWERS:

Reviewer Action Date
Kaushal, Paul Approved 6/5/2023 7:50 PM
Beavers, Esther Approved 6/6/2023 10:56 AM
Beavers, Esther Approved 6/6/2023 10:56 AM
Packet Page 106 of 977

CITY OF FAIRFIELD

RESOLUTION NO. 2023-160

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

BIDDING AND AUTHORIZING THE CITY MANAGER TO PURCHASE ONE PORTABLE GENSET

WITH ELECTRIC VEHICLE (EV) CHARGER FOR FAST BATTERY ELECTRIC BUSES AND AUTHORIZING AN UPDATE TO THE FISCAL YEAR 2023-2024 BUDGET

WHEREAS, the Public Works Department needs to purchase a portable genset with an electric vehicle (EV) charger for three new FAST electric buses; and

WHEREAS, Equalis Group procures equipment and software contracts based on a competitive process; and

WHEREAS, Equalis Group has awarded contract #COG-2123A for Electric Vehicle (EV) charging hardware and software to Assetworks; and

WHEREAS, Assetworks has agreed to sell one portable genset with an EV charger to the City of Fairfield at the Equalis Group contract price; and

WHEREAS, funding was not allocated in the City’s fiscal year (FY) 2023-2024 Budget, thus requiring an adjustment of $1,396,632 to cover the additional cost; and

WHEREAS, the revised appropriation constitutes an FY 2023-2024 Budget update.

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

Section 1. The city council hereby suspends competitive bidding and authorizes the city manager to purchase one portable genset with an EV charger in the amount not-to-exceed $1,269,666.

Section 2. The public works director is hereby authorized to execute and administer amendments not-to-exceed $126,966.

Section 3. The council hereby approved a budget adjustment of $1,396,632 to the Transit Fund (Fund 451), to be funded with Transportation Development Act (TDA) funds.

Packet Page 107 of 977Attachment 1 Page 1 of 2

RES. NO. 2023-160

Page 2 ends

PASSED AND ADOPTED this 20th day of June, 2023, by the following vote:

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

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

________________________________________________
MAYOR
ATTEST

______________________________

CITY CLERK
Packet Page 108 of 977Attachment 1 Page 2 of 2

Agenda Item No: 11.

AGENDA REPORT
DATE:June 20, 2023
TO:Mayor and City Council
FROM:David Gassaway, City Manager
SUBJECT:Resolution 2023161 of the City Council of the City of Fairfield Approving and Authorizing the Execution of the Grazing License between the City of Fairfield and Leland F. Hazeltine for the Grazing of Approximately 1,285 Acres in Rockville Hills Regional Park and the Rolling Hills and Serpas Ranch Open Spaces RECOMMENDED ACTION
Adopt resolution.

STATEMENT OF ISSUE
Approval is needed to establish a grazing license between the City of Fairfield and Leland F. Hazeltine (Licensee) for the City’s Rockville Hills Regional Park and the Rolling Hills and Serpas Ranch Open Spaces. This resolution would allow the grazer to maintain livestock on City property yearround in an effort to keep fire fuel loads to a minimum by using general and targeted grazing.

DISCUSSION
The Rockville Hills Regional Park Strategic Grazing Management Plan and the Rolling Hills and Serpas Ranch Open Space Management Plan established the City's grazing goals, objectives, and performance standards. The plans identified grazing of livestock as a vegetation management tool to reduce fire hazards and to optimize the ecological conditions for wildflowers and native grasses.

Livestock grazing is an integral part of managing California’s changing landscapes, especially in the face of climate change, wildfires, and the responsibility to promote and conserve native species. The City has traditionally relied on cattle grazing in city rangelands as a primary resource to reduce the biomass, which can create fire hazards and choke out the native plants if left unmanaged. However, the use of cattle to accomplish this task can bring challenges that outweigh the benefits. “Stocking” a piece of property with enough cattle to reduce the grass heights to an appropriate level can mean an increase in manure in public areas, damage to sensitive plants, significant trail damage during inclement weather, and a reduction in overall biodiversity. To meet the City’s grass height targets of 24 inches on valley bottoms and 712 inches on slopes requires that the cattle operator and City staff work together to rotationally graze and assess the landscape throughout the season between November through May.

This is currently not practical given the number of acres in the program, failing infrastructure, staffing Packet Page 109 of 977

Agenda Item No: 11.AGENDA REPORTDATE:June 20, 2023 TO:Mayor and City CouncilFROM:David Gassaway, City ManagerSUBJECT:Resolution 2023161 of the City Council of the City of Fairfield Approving andAuthorizing the Execution of the Grazing License between the City of Fairfield andLeland F. Hazeltine for the Grazing of Approximately 1,285 Acres in Rockville HillsRegional Park and the Rolling Hills and Serpas Ranch Open SpacesRECOMMENDED ACTIONAdopt resolution.STATEMENT OF ISSUEApproval is needed to establish a grazing license between the City of Fairfield and Leland F. Hazeltine(Licensee) for the City’s Rockville Hills Regional Park and the Rolling Hills and Serpas Ranch OpenSpaces. This resolution would allow the grazer to maintain livestock on City property yearround in aneffort to keep fire fuel loads to a minimum by using general and targeted grazing.DISCUSSIONThe Rockville Hills Regional Park Strategic Grazing Management Plan and the Rolling Hills and SerpasRanch Open Space Management Plan established the City's grazing goals, objectives, andperformance standards. The plans identified grazing of livestock as a vegetation management tool toreduce fire hazards and to optimize the ecological conditions for wildflowers and native grasses.Livestock grazing is an integral part of managing California’s changing landscapes, especially in theface of climate change, wildfires, and the responsibility to promote and conserve native species. TheCity has traditionally relied on cattle grazing in city rangelands as a primary resource to reduce thebiomass, which can create fire hazards and choke out the native plants if left unmanaged. However, theuse of cattle to accomplish this task can bring challenges that outweigh the benefits. “Stocking” a pieceof property with enough cattle to reduce the grass heights to an appropriate level can mean an increasein manure in public areas, damage to sensitive plants, significant trail damage during inclementweather, and a reduction in overall biodiversity. To meet the City’s grass height targets of 24 inches onvalley bottoms and 712 inches on slopes requires that the cattle operator and City staff work together to rotationally graze and assess the landscape throughout the season between November through May.

This is currently not practical given the number of acres in the program, failing infrastructure, staffing levels, and the requirement to clear 100foot buffers around all residential areas.

Prior to last year, the City contracted with a small sheep operator who brought in a flock of 250 sheep to clear vegetation on the perimeter of several of the properties. The City had been using this company for over 10 years, but the sheep operator left California last year and forced the City to switch to the new operator, Leland F. Hazeltine (Licensee). It became very obvious after working with Licensee that there was a more efficient means to reduce biomass levels on the perimeters, in the creeks, and throughout the rangelands. The Licensee brings thousands of sheep and goats in combinations that both reduce the fire danger and put nonnative flammable vegetation at a longterm disadvantage. This is called high intensity, short duration grazing, which mimics natural herd movements and favors native plant species.

This type of grazing does not require significant infrastructure or City staff oversight for months at a time and allows fire prone areas to be targeted.

FINANCIAL IMPACT
The Grazing License will bring in revenue, as the Licensee agrees to pay the City $24.00/acre of open space grazed, totaling $30,852 annually. These funds will be deposited into account #329603248404, and used to offset the current costs of fire mitigation and weed abatement on City parcels paid out to private contractors.

PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
N/A
ALTERNATIVE ACTION
The council may choose not to approve this resolution. However, this would increase fire fuel loads in open spaces, increase weed abatement costs, increase trail damage, reduce biodiversity, and cause the City to continue with the inefficient use of cattle grazing.

STAFF CONTACT
Gary Sponsler, Landscape Maintenance Manager
(707) 4287416
[email protected]
COORDINATED WITH
Community Development Department
ATTACHMENTS:

Description
Proposed Resolution
Proposed Grazing License
REVIEWERS:

Reviewer Action Date
Kaushal, Paul Approved 6/5/2023 8:37 PM
Beavers, Esther Approved 6/6/2023 10:49 AM
Beavers, Esther Approved 6/6/2023 10:50 AM
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CITY OF FAIRFIELD

RESOLUTION NO. 2023-161

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAIRFIELD APPROVING AND

AUTHORIZING THE EXECUTION OF THE GRAZING LICENSE BETWEEN THE CITY OF FAIRFIELD AND LELAND F. HAZELTINE FOR THE GRAZING OF APPROXIMATELY 1,285 ACRES IN ROCKVILLE

HILLS REGIONAL PARK AND THE ROLLING HILLS AND SERPAS RANCH OPEN SPACES

WHEREAS, the City of Fairfield owns Rockville Hills Regional Park and the Rolling Hills and Serpas Ranch Open Spaces; and

WHEREAS, the Rockville Hills Regional Park and Rolling Hills and Serpas Ranch Open Spaces Management Plans have identified grazing as a vegetation management tool for the mitigation of fire hazards, as well as optimizing the ecological conditions of the properties; and

WHEREAS, the City and Leland F. Hazeltine (Licensee), desire to enter into a grazing license for Rockville Hills Regional Park and the Rolling Hills and Serpas Ranch Open Spaces; and

WHEREAS, the terms of the grazing licenses are for a period of two grazing seasons, expiring on May 31, 2025; and

WHERAS, the grazing licenses include an option to extend the grazing licenses twice, for an additional period of two years per extension, commencing upon the expiration date of the previous term.

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

Section 1. The City Council hereby approves and authorizes the execution of the grazing licenses between the City and the Licensee for the grazing of Rockville Hills Regional Park and the Rolling Hills and Serpas Ranch Open Spaces.

Section 2. The city manager or designee is hereby authorized to do all things necessary and proper to implement the above-mentioned grazing licenses.

Section 3. The public works director or designee is hereby authorized to extend the licenses twice, each time for an additional period of two years, commencing upon the expiration date of the previous term.

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RES. NO. 2023-161

Page 2 ends

PASSED AND ADOPTED this 20th day of June, 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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O PEN SPACE G RA Z IN G LICE NSE
This License is made and entered into on , 2023 ("Effective Date") by and between the City of Fairfield, a municipal corporation of the State of California, ("Licensor"), and ("Licensee").

RECITALS
A. Licensor is the owner of approximately One Thousand Two Hundred Eighty-Five and One-Half (1,285.50) acres of pasture land situated, lying, and being in the City of Fairfield, County of Solano, State of California, more particularly described on Figure 2, of the Rolling Hills and Serpas Ranch Open Space Management Plan (the "Management Plan") as the Oak Woodland unit, North Ridge unit, Pond unit, Interior Knolls North unit, Western Ridge unit, and the South Ridge unit, attached hereto as Exhibit A and on Table 4 of the Rockville Hills Regional Park Strategic Grazing Management Plan ("SGMP") as grazing units #1 through #5 by the accompanying Figure 1 of the SGMP attached hereto as Exhibit B and incorporated herein by reference, and including all improvements therein ( collectively called the "Licensed Premises" hereinafter).

B. Licensor's goals and purpose for entering into this Open Space Grazing License ("License") is to:
1) maintain the health of the rangeland ecosystem, including soil integrity, water quality, biodiversity;
2) reduce the fire hazards associated with the mass of dry herbaceous vegetation;
3) avoid the introduction and expansion of invasive non-native "pest" plants; 4) avoid conflicts with recreational access and enjoyment of the public; and 5) to maintain a cooperative and productive relationship with the livestock operator.

AGREEMENT

1. License. Licensor, for and in consideration of the fees, covenants and agreements herein provided for, hereby grants to Licensee the License to use the Licensed Premises for the purpose of weed abatement and all things reasonable to adhere to the intent of the Management Plan and SGMP as herein provided.

2. Term. The term of this License shall commence on May 1, 2023 and end on May 31, 2025, unless sooner terminated or extended as hereinafter provided ("Term"). Licensor and Licensee each shall have the right to terminate this License for either' s sole convenience at any time during the term hereof by giving thirty (30) days' written notice to the other; provided however, that either may instead terminate this License on a portion of the Licensed Premises by giving seven (7) days written notice to the other. Licensor and Licensee shall determine the time of grazing, the number of Livestock (as hereinafter defined) introduced to each grazing unit, and the removal of Livestock from the Licensed Premises to achieve the desired level of vegetation management. The Licensee shall provide all personnel, tools, equipment, materials, means of transportation, and support facilities necessary for the onset management of the Livestock and -1-
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support of Herdsmen, (as hereinafter defined). The Licensor shall provide access to clean and adequate water within the Licensed Prem ises for the Livestock.

Licensee may use a multi-species operation to gra ze the Licensed Premises. These species include, but are not limited to, cows, sheep, and goats ("Livestock"). The Licensee m ay use horses and small 4-wheel drive vehicles within the Licensed Pro perty and upon City right-of-w ays as needed for access, with Licensor's appro val.

The parties m ay agree in the exercise of their discretion to extend the term of the License twice upon such term s and conditions (including, without lim itation, the amoun t of the License Fee payable during such extended Term ) as the part ies m ay agree, each time for an additional period of two (2) years, comm encing on the expiration of the previous Term.

3. License Fee and Other Considera tion. Licensee agrees to pay Licensor an ann ual license fee in the amount of Twenty-Four Dollars ($24 . .,00) per acre ("License Fee"). The License Fee shall be due and payable at the end of each twelve (12) m onth period dur ing the Term or upon the date of the earlier termination of the License as herein provided, and upon receipt of a written invoice from Licensor. Any additional work on the Licensed Premises and in furthera nce of the purposes of this License com pleted and paid for by the Licensee, and appro ved in writing prior to the comm encement of any such work by Licensor, including, but not lim ited to, fence repair or replacement, ro ad repair, corral installation, and repairs to Licensor's pro perty due to vandalism or acts of God, will be credited against the am oun t of the License Fee.

If this License is terminated prior to the expiration of the Term, the License Fee shall be prorated to the date of termination. If this License is terminated in part as to a portion of the Licensed Premises, the amount of the License Fee payable on the next subsequent payment date shall be adjusted accordingly on a pro rata basis that reflects the acreage of the Licensed Premises that remains subject to this License.

Notwithstanding any other provision of this Section 3, if the grazing carrying capacities of the License Premises is reduced to the point that the Licensee's monetary investment in improvements cannot be reasonably recaptured during the remainder of the Term, the Licensor and Licensee shall in good faith consider at the end of each year of the Term an adjustment to the amount of the License Fee and other consideration to affect such recapture.

If requested by Licensor, the Livestock shall be sequestered, and Licensee will provide feed that does not contain unwanted seed/plant material for at least three (3) days prior to being brought on the Licensed Premises.

The Licensee shall confine the Livestock within paddocks using portable electric fencing.

Paddock size and orientation shall be established to ensure the desired animal density per acre in order to achieve grazing goals and recreational needs. While determining paddock size, consideration shall also be given to minimize the length of grazing time in one area. Once the agreed-upon level of grazing in the paddock is completed, the Livestock will then be moved to the next paddock. The Licensee shall continue the operation in a timely manner until the entire Licensed Premises has been grazed.
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L icensee sh all con d u ct gra zin g activ ities in a m ann er w h ich keep s all L iv estock un d er H erdsm en 's con tro l an d app ro priately con fi n ed . T h e L icen so r reserv es th e rig h t to have th e L icensee rem ov e fr om th e gra zin g site any an im al w h ich creates a n oise n u isan ce or h abitu all y escapes confi nem ent or con tro l of the H erdsm en .

4. U se of L icen sed Prem ises. T h e L icen sed Prem ises are licen sed to L icen see on a nonexcl usive basis fo r gra zin g of agricultura l L iv estock con sistent w ith go o d fa rm in g pra ctices, and anim al husb andry an d in accordance w ith th e goals an d objectiv es of th e S G M P L icen see shall m ake no other use of the L icensed Prem ises w ith ou t L icen so r's prio r w ritten con sen t.

L icensee shall m anage th e gra zin g of the L icen sed Prem ises to m eet or ex ceed th e goals of th e SG M P as outl in ed in Sectio n 1.3 of the SG M P an d objectiv e and perfo rm an ce stan dards in th e SG M P as outl in ed in Sectio n 5.0 thereof. L icensee sh all fu lfi ll all ob lig atio n s of M on itorin g an d A daptive M anagem ent as listed in Section 6 of th e SG M P . A n y sp ecies of p lan ts or trees to b e pro tected fr om anim al gra zin g sh ou ld be identifi ed prio r to th e start of gra zin g . S o il ero sio n is to be avoided and L iv estock sh all be m ov ed imm ed iately if an y ev id en ce of ero sio n dam ag e is visib le.

L icen sor shall be resp on sib le fo r id entify in g en v iro n m en tall y sen sitiv e areas w ith in th e grazin g site. T he L icen see sh all en sure th at no anim al gra zin g occu rs in id en tifi ed en v iro nm en tall y sen sitive areas. L icen see sh all be en titled to use an d m ain tain all bu ild in g s, fi x tures, fe n ces, an d other item s app urten ant to th e L icen sed Prem ises, but sh all hav e no rig h t to co n stru ct ad ditio n al im pro vem ents w ithou t th e p rior w ritt en con sent of L icen so r. L icensee is resp o n sib le fo r site access issues an d shall w ork directly w ith the L icensor an d adja cen t lan d ow n ers to en sur e access to th e L icen sed Prem ises. Set-u p and m ainten ance of the tem p ora ry L iv esto ck stagin g area is th e responsibility of th e L icen see. T he stagin g area locatio n and typ e sh all be ap p ro v ed by th e L icen sor prior to in stallation . A person em p loy ed by th e L icen see (H erd sm en ) sh all be on or n ear the w ork site durin g th e en tire tim e of this project. A p o rt able self-con tain ed liv in g tra iler, (i.e ., tra iler, 5th w heel, or m otor hom e), w ill be pro v id ed b y th e L icen see fo r th e H erd sm en . T h e H erdsm en shall have a cell ph on e pro v ided by L icen see fo r co m m u n icatio n . T h e H erd sm en w ill not sm oke or use op en fi res fo r cook in g. T h e cam p site.is to be kep t cl ean an d as cl o se as po ssib le to the curr ent gra zin g padd ock. T h e m ovem en t of th e cam p is th e resp o n sib ility of th e L icen see.

L icensee sh all not app ly pesticid es, in secticid es, fu n gicid es, herb icid es, ch em ical treatm ents, or any toxic su b stances or m aterials to th e L icen sed P rem ises. L icen see sh all rem ov e dead L ivestock fr om L icen sed Prem ises im m ed iately u p o n notifi catio n . If Licensee does not remove dead Livestock, then Licensor will have dead Livestock removed at Licensee's expense.

Licensee shall report any case of infectious animal disease appearing in Livestock on the Licensed Premises to all proper government authorities and shall take all steps required to isolate, control and eliminate any such disease at Licensee's expense.

The Licensee will use dogs, or upon approval by the Licensor, other appropriate Livestock for herd control and predator deterrence. The Licensee's dogs will work off-leash in order to accomplish this scope of work. All dogs used for this .purpose shall be vaccinated for rabies and shall have a certificate of vaccination by a licensed veterinarian. A sign shall be posted that any dogs not working on this project or any dogs near the project site must be on a leash. Leash laws will be enforced.

Licensee acknowledges that the Licensed Premises is a publicly accessible open space and the public has a right to use the Licensed Premises during the Term of this License. Electric -3-
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fencing is perm itted as part of the process to contain Livestock, keep Livestock safe from predators, and achieve desired fuel reduction on the Licensed Premises; provided, however, the Licensee shall ensure that any such electric fencing is clearly described as such by posting signage thereon in a mann er acceptable to the Licensor.

Signage identifying the Licensee's business name and a 24-hour contact phone number shall be required on the paddock area and wherever else there is a potential of public accessibility and/or adjacent to neighborhood homes. The intent is that citizens and neighbors first address their questions and concerns directly with the Licensee.

5. Emergency Response. Licensee shall respond to all emergencies and shall respond within twelve (12) hours upon notification by the Licensor. If Licensee does not respond with in the allotted time, the Licensor shall respond and shall assess a fine of One Hundred Dollars ($100.00) per occurrence to defray the Licensor's costs of so responding. Any emergency shall be defined, but not limited to, the death of an animal, Livestock escaping from said Licensed Premises and in danger of gaining access to City/County/private streets, or any animal that has gained access to an excluded riparian, wetland or grazing unit not ready for grazing, or any animal causing damage to residential property.

6. Point of Contact. The Licensee shall designate a point of contact for this License.

The Licensee's emergency contacts are listed in order of priority.

Leland F. Hazeltine
(530) 691-0290 mobile
P.O. Box 727
Pleasant Grove, CA 95668
Licensor shall designate a point of contact for- this License. The Licensor's emergency contacts are listed in order of priority.

Ranger Teri Luchini
(Typical shift is Tuesday through Saturday 6:30 a.m. to 4 p.m.) (707) 249-3613 mobile
(530) 693-8228 personal cell phone
Richard Vasquez
Public W orks Supervisor
(707) 428- 7051 office
(707) 580-8539 mobile

7. Alterations an d Mechanics' Liens. Licensee shall not construct or perm it to be constructed any alterations or improvements on the Licensed Premises without Licensor's prior written consent, provided that if the License is terminated on a portion of the Licensed Premises, and any additional fencing is needed to enclose the remaining Licensed Premises in order to use it for grazing, said fencing shall be constructed by Licensee at Licensee's sole expense, or -4-
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altern atively, with approval of Licensor, Licensee m ay relocate existing fencing from the portion of the Licensed Premises upon which the License has been term inated. Pro vided the License is term inated on a portion of the Licensed Prem ises, ariy required stak ing or surveys required to establish the revised Licensed Prem ises will be at the Licensee's sole expense. Upon term ination or expiration of the License, all im pro vem ents made by Licensee on the Licensed Prem ises, including, but not limited to, all gra ding, dra inage pipes, irrigation pumps and undergro und pipelines, electrical poles, lines and fittings, fences, gates, dikes, ditches and earthw orks are the pro perty of Licensor and no reimbursem ent to Licensee shall be required. Licensee shall keep the Licensed Prem ises free and clear of any and all liens arising out of any work perfo rm ed or materials fu rnished at the request of Licensee or obligation incurred by Licensee.

8. Condition of Premises and M aintenance. Licensee accepts the Licensed Prem ises, as well as any im provements thereon and facilities appurtenant thereto, in an as-is condition.

Licensor m akes no warranty, express or im plied, as to the suitability of the Licensed Prem ises fo r Licensee's use or the adequacy or condition of the fencing for confinem ent of Li vestock. Licensee agrees, at its own expense, to perform all maintenance'. required in each gra zing un it and to keep the Licensed Prem ises in good order an d repair and in as safe and clean a condition as they were when received from Licensor. Licensee's duty to m aintain shall extend, but not be lim ited to, maintenance of all fences, corrals, tro ughs , water lines, gates, ditches and ro adw ays, if applicable.

9. Taxes. Prior to delinquency, Licensee shall pay all personal pro perty taxes or assessm ents levied upon Licensee's personal pro perty situated in or about the Licensed Prem ises during the term of this License. All possessory interest taxes that m ay com e due relating to the Licensed Premises shall be paid by Licensee. On dem and, Licensee shall pro vide to Licensor satisfa ctory evidence of payment of taxes. Licensor shall be responsible fo r the paym ent of real pro perty taxes or assessments levied on the Licensed Prem ises.

10. Com pliance w ith Law . Licensee shall, at Licensee's cost and expense, com ply with any and all requirements of all governm ental authorities, in force either now or in the fu ture, affecting the Licensed Premises, and shall faithfu lly observe in its use of the Licensed Prem ises all laws, rules an d regulations of these authorities, in force either now or in the fu tur e.

11. Indemn ification.

Fro m and after the Effective Date, Licensee hereby agrees to indem nify , defe nd, protect, and hold harm less Licensor and any and all of its agents, em ployees, representatives, elected offi cials, offi cers and designated volunteers (collectively, "Licensor lndemn itees"), from and against all losses, claim s, liabilities, dam ages (including fo reseeable and unfo rseeable consequential dam ages), penalties, fines, fo rfeitures, costs and expenses (including reasonable out- of-pocket litigation costs and attorn eys' fees) and dem ands of any natur e whatsoever, related directly or indirectly to, or arising out of or in conn ection with the constru ction, maintenance, or use of any im pro vements constru cted by Licensee on the Licensed Prem ises, the activities of the Livestock on or about the Licensed Prem ises, and any and all other activities of the Licensee on or about the Licensed Premises (or the activities of the Licensee's agents, contra ctors, em ployees, guests, invitees, subcontra ctors or independent contra ctors on or about the Licensed Prem ises) regar dless of whether such losses an d liabilities shall accru e or be discovered befo re or after term ination or expiration of this License in whole or in part. The Licensor m ay in its discretion -5-
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part icipate in the defe n se of any legal action nam in g th e L icen sor In dem n itees. T h e pro v isio n s of th is Section 11 shall sur viv e the term ination or expira tion of th is L icen se in w hole or in part . -.

Acceptance of insurance certificates and endorsements required under this License does not relieve Licensee from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply whether such insurance policies are determined to be applicable to any such damages or claims for damages.

12. Insurance. Licensee shall procure and maintain for the duration of the License 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 Licensee, its agents, representatives, or employees.
1) Minimum Scope and Limits of Insurance
a) Commercial General Liability coverage (occurrence Form CG 00 01) with minimum limits of $2,000,000 per occurrence for bodily injury, personal injury, products and completed operations, and property damage. If Commercial General Liability or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. b) Automobile Liability coverage (Form CA 00 01 with Code 1 - any auto) with minimum limits of $1,000,000 per accident for bodily injury and property damage. c) Workers' Compensation insurance as required by the State of California and Employers' Liability insurance, each in the amount of $1,000,000 per accident for bodily injury or disease.
2) Industry Specific Coverages
If checked below, the following insurance is also required. □ Professional Liability Insurance / Errors and Omissions Liability in the minimum amount of $1,000,000 per occurrence.
□ Pollution Liability Insurance in the minimum amount of $1,000,000 per occurrence.

D Garage Keepers Insurance in the mmimum amount of $1,000,000 per occurrence.
□ Fidelity / Crime / Dishonesty Bond m the minimum amount of -. $ _ D MCS-90 Endorsement to Business Automobile insurance for transportation of hazardous materials and pollutants.
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D An endorsement, in form and substance satisfactory to Licensor, covering property damage, injury and loss of life resulting from the activity of the Livestock on or off the LicensedPremises.
3) Insurance Provisions
a) Deductibles and Self-Insured Retentions. Any deductibles or self- insured retentions must be declared to and approved by the Licensor. At the option of the Licensor, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the Licensor, its officers, officials, employees and volunteers; or the Licensee shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses.
b) The general and automobile liability policies (and if applicable, pollution liability, garage keepers liability and builder's risk policies) are to contain, or be endorsed to contain, the following provisions:
(i) The Licensor, 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 Licensee; products and completed operations of the Licensee; premises owned, occupied or used by the Licensee; and automobiles owned, leased, hired or borrowed by the Licensee. The coverage shall contain no special limitations on the scope of protection afforded to the Licensor, its officers, officials, employees or volunteers.
(ii) For any claims related to this project, the Licensee's insurance coverage shall be primary insurance as respects the Licensor, its officers, officials, employees and volunteers. Any insurance or self- insured maintained by the Licensor, its officers, officials, employees or volunteers shall be excess of the Licensee's insurance and shall not contribute with it.
(iii) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the Licensor, its officers, officials, employees or volunteers.
(iv) The Licensee's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
(v) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the Licensor.
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(vi) T he policy lim its of cov era ge sh all be m ade available to th e fu ll lim its of the policy . T he m in im u m lim its stated abov e sh all not serve to reduce the L icensee's po licy lim its of cov era ge. T h erefo re, the requirem ents fo r cov era ge and lim its shall be: (1) th e m in im u m covera ge and lim its sp ecifi ed in th is agreem ent, or (2) th e bro ader covera ge and m axim um lim its of cov era ge of any in sura nce po licy or pro ceeds available to the nam ed in sur ed, w hichever is greater. c) A cceptability ofl nsu rer. In su ra nce is to be placed w ith in surers w ith a curr ent A.M . B est's ra tin g of no less than A : V II , unl ess oth erw ise acceptable to th e L icen so r. d) V erifi cation of C ov era ge. L icen see shall fu rn ish the L icen sor w ith origin al endorsem ents effectin g cov era ge required by th is Section 12 . T h e endorsem ents are to be signed by a person author ized by that insurer to bin d cov erage on its beh alf; on fo rm s equ iv alent to C G 20 10 11 85, subject to L icensor appro v al; and subm itt ed electro nically thr ou gh the E x ig is in sura nce system to: cert ifi cates-fa irfi eld@ risk w orks.com . A ll in sura nce cert ifi cates an d en dorsem ents are to be received and appro v ed by th e L icen sor befo re w ork com m en ces. A t th e request of the L icensor, L icen see sh all pro vide com plete, cert ifi ed cop ies of all requ ired in sura n ce policies, incl uding endorsem ents effecting the cov era ge requ ired by th ese specifi cation s. e) Sub-C ontra ctors. L icen see sh all require all subcon tra ctors to pro cur e and m aintain insurance policies subject to th e requ irem en ts of th is Section 12 . Failur e of L icensee to verify existen ce of subcontra ctor's in surance sh all not relieve L icen see fr om any cl aim arisin g fr om subcontra ctors w or k on behalf of L icen see. 13 . A ssignm ent. L icen see shall not assig n , tra n sfe r or encum ber this L icen se or any interest herein, or allow any persons other than those expressly perm itt ed hereunder, to occup y or use all or any part of the L icensed P rem ises w ithou t th e prior w ritt en con sent of L icen sor.

An y such assignm ent, tra nsfe r or encum bra rice w ith ou t th e prior wr itt en con sen t of L icen sor shall be void .
14 . L icensor's R eserved R ights. L icen sor retain s, and Li censee sh all perm it, th e L icen sor's right to use the L icensed Prem ises or gra nt rig hts of entry to th ird part ies to th e exten t such use or gra nts of entry do not unr eason ably in terfe re w ith L icensee's perm itt ed use of th e L icensed Prem ises hereunder. W ithin a reasonable period , L icen see sh all, at the requ est of L icensor, relocate L ivestock and pro vide any new or relocated fe n cin g necessary to pro tect th e L ivestock at their new location on the L icensed Prem ises, and coop era te w ith any other reason able request m ade by L icensor to fa cilitate the perfo rm ance of any tests, in v estigation s or ev alu ation s pert ain ing to the gra zin g activities contem plated by th is L icen se.

L icensor reserves the right, at any tim e dur in g th e term of this A greem en t, to requ ire L icensee to redu ce the size of the herd on the L icen sed P rem ises fo r th e purp oses of prev en tin g dam age to the natura l resources.
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15. Defa ult.

A. Failure by Licensee to pay the License Fee or any other am ount due hereunder when due shall constitute a default by Licensee seven (7) days after the amount becomes due without further notice to Licensee by Licensor.

B. The failure to perform any other provision of this License shall constitute a default by Licensee, after thirty (30) days' written notice has been given to Licensee by Licensor.

C. If a non-monetary default cannot reasonably be cured within thirty (30) days, Licensee shall not be in default of this License, if Licensee commences to cure the default within the thirty (30) day period and diligently and in good faith continues to cure the default.

D. Notices given under this Section 15 shall specify the alleged default and shall demand that Licensee cure such default within the applicable cure period. If Licensee fails to cure any default on its part within the applicable cure period or commence performance, as the case may be, Licensor may terminate this License and re-enter and take possession of the Licensed Premises.

16. Relocation. Licensee hereby expressly waives the benefits of any rights it may otherwise be entitled to upon termination of this License for relocation assistance pursuant to Government Code Section 7260 et seq. If Licensee fails to vacate the Licensed Premises and remove all ofits Livestock and personal property therefrom by the date of termination or expiration of this License, or if Licensee or its Livestock return to the Licensed Premises after the date of expiration or termination, Licensee shall (i) pay the pro rata portion of the License Fee attributable to the period of time between such expiration or termination and the removal of the Livestock and such personal property, (ii) indemnify and hold Licensor Indemnitees harmless during such period of time as provided in Section 11, and (iii) promptly reimburse Licensor for all legal and related expenses and costs incurred by Licensor in causing the removal of Licensee, its Livestock or personal property from the Licensed Premises. The indemnity obligations of Licensee under this Section 16 shall survive the termination or expiration of this License.

17. Attorneys' Fees. If any legal action or proceedings arise between the parties to this License for the enforcement of any rights or either party against the other pursuant to the provisions of this License, or by reason of any alleged breach of any of the provisions of this License, the party prevailing in the litigation shall be entitled to receive from the unsuccessful party all costs incurred in connection with the litigation, including a reasonable allowance for attorneys' fees incurred in connection with the litigation, including a reasonable allowance for attorneys' fees incurred by the prevailing party.

18. Notices. All notices required by law or by this License shall be given by deposit in the United States mail, postage prepaid and addressed as follows:
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L icensor:

C ity of Fairfi eld
Public W orks D epart m ent
10 00 W ebster Street
F airfi eld, C A 94533
(707) 428-7404
L icensee:

L eland F . H azelt in e
P .O . B ox 72 7
P leasant G ro ve, C A 95668
(530) 69 1-0290 m obile
19 . Su ccessors and A ssign s. T his L icense an d each of its pro v ision s sh all be bin din g on and shall inure to the benefi t of the respectiv e heirs, dev isees, legatees, ex ecutors, adm in istra tors, tru stees, successors, and assigns of the part ies to th is L icense. N eith er party sh all assign th is L icense w ithout prior w ritten consent of the other party . 20 . R ecordation . T his L icen se shall not be recorded .

21. Am endm ents to L icen se. T his L icen se m ay on ly be am ended by a w ritin g sign ed by the part y against w hom or again st w hose su ccessors and assig ns enfo rcem ent of th e ch ange is sou ght.
22 . Integra tion . T his L icense contain s th e entire agreem ent of the part ies and supersedes any prior wr itt en or ora l agreem ents betw een th em con cern in g th e subject con tain ed herein . T h ere are no representation s, agreem ents, ar ra n gem ents or understandin gs, ora l or w ritt en , betw een the part ies hereto, relatin g to the subject m atter of th is L icen se w hich are not fu lly expressed herein .

23. Savings C lause. If any term provision of this License or any application thereof shall be held invalid or unenforceable, the remainder of this License and any application of the term and provisions shall not be affected thereby, but shall be valid and enforceable pursuant to this License or California law.

24. Waiver. The waiver of any breach of any of the provisions of this License by Licensor shall not constitute a continuing waiver or a waiver of any subsequent breach by Licensee of the same or any provision of this License.

25. Counterparts. This License may be executed in counterparts, which counterparts shall be construed as a single document and have the smile effect as if all of the parties had executed the same instrument.
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IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed by their respective proper officers, thereunto duly authorized, the day and year first above written. "Licensor"
City of Fairfield,
a municipal corporation
By:

Its:

Date:
"Licensee" L & L AHfi y_ /-4- A 2. E.L ~I~ e.

By:

Its:

Date:
'
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11245-0001 \2794167v5.doc

CITY MANAGER
Packet Page 123 of 977Attachment 2 Page 11 of 13

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EXHIBITB

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LEGEND
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Packet Page 125 of 977Attachment 2 Page 13 of 13

Agenda Item No: 12.

AGENDA REPORT
DATE:June 20, 2023
TO:Mayor and City Council
FROM:David Gassaway, City Manager
SUBJECT:Resolution 2023162 of the City Council of the City of Fairfield Approving a FiveYear Joint Use Agreement Between FairfieldSuisun Unified School District and City of Fairfield
RECOMMENDED ACTION
Adopt resolution.

STATEMENT OF ISSUE
The existing Joint Use Agreement between the FairfieldSuisun Unified School District and the City of Fairfield expires June 30, 2023. The FairfieldSuisun Unified School District and the City of Fairfield Parks &Recreation Department are mutually interested in entering into a new fiveyear Joint Use Agreement.

DISCUSSION
The City of Fairfield, through its Parks & Recreation Department, and the Fairfield Suisun Unified School District are mutually interested in providing facilities for recreation, public meetings, and cultural arts for both education and communitywide programs. Education Code Section 10900 et seq. authorizes cities and public school districts to cooperate with one another to authorize, promote, and conduct community services programs which will contribute to the attainment of general recreational and educational objectives for children and adults of this state,and to enter into agreements with each other for such purposes.

Since 1989, the FairfieldSuisun Unified School District Governing Board and the City of Fairfield City Council have approved multiple Joint Use Agreements: the original Joint Use Agreement by Resolution 89277 on July 18,1989; and approved subsequent Joint Use Agreements by Resolutions 92157 and 97221, a oneyear extension by Resolution 2002108; approved a revised Joint Use Agreement by Resolution 2003 174; a oneyear extension by Resolution 2008159; an extension of the agreement through June 30, 2013, by Resolution 2010161; a fiveyear agreement through June 30, 2018, by Resolution 2013100, and a fiveyear agreement through June 30, 2023, by Resolution 2018160.

FINANCIAL IMPACT
Packet Page 126 of 977

Agenda Item No: 12.AGENDA REPORTDATE:June 20, 2023 TO:Mayor and City CouncilFROM:David Gassaway, City ManagerSUBJECT:Resolution 2023162 of the City Council of the City of Fairfield Approving a FiveYearJoint Use Agreement Between FairfieldSuisun Unified School District and City ofFairfieldRECOMMENDED ACTIONAdoptresolution.STATEMENT OF ISSUEThe existing Joint Use Agreement between the FairfieldSuisun Unified School District and the City ofFairfield expires June 30, 2023. The FairfieldSuisun Unified School District and the City of FairfieldParks &Recreation Department are mutually interested in entering into a new fiveyear Joint UseAgreement.DISCUSSIONThe City of Fairfield, through its Parks & Recreation Department, and the Fairfield Suisun UnifiedSchool District are mutually interested in providing facilities for recreation, public meetings, and culturalarts for both education and communitywide programs. Education Code Section 10900 et seq.authorizes cities and public school districts to cooperate with one another to authorize, promote, andconduct community services programs which will contribute to the attainment of general recreationaland educational objectives for children and adults of this state,and to enter into agreements with eachother for such purposes.Since 1989, the FairfieldSuisun Unified School District Governing Board and the City of Fairfield CityCouncil have approved multiple Joint Use Agreements: the original Joint Use Agreement by Resolution89277 on July 18,1989; and approved subsequent Joint Use Agreements by Resolutions 92157 and97221, a oneyear extension by Resolution 2002108; approved a revised Joint Use Agreement byResolution 2003 174; a oneyear extension by Resolution 2008159; an extension of the agreementthrough June 30, 2013, by Resolution 2010161; a fiveyear agreement through June 30, 2018, byResolution 2013100, and a fiveyear agreement through June 30, 2023, by Resolution 2018160.

FINANCIAL IMPACT
The Joint Use Agreement results in cost savings since rental fees are waived for facility usages.

PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
The FairfieldSuisun Unified School District Governing Board approved the FiveYear Joint Use Agreement between the FairfieldSuisun Unified School District and the City of Fairfield at its June 15, 2023, public board meeting.

ALTERNATIVE ACTION
The City Council may deny the Joint Use Agreement, which would negatively impact the operations of both the City and the FairfieldSuisun Unified School District by reducing the availability of, and increasing the costs associated with, using the each other's facilities.

STAFF CONTACT
Stacy Phillips, Management Analyst Sr.
(707) 4287719
[email protected]
COORDINATED WITH
City Attorney's OfficeFairfieldSuisun Unified School District ATTACHMENTS:

Description
Attachment 1: Proposed Resolution
Attachment 2: Joint Use Agreement Between FairfieldSuisun Unified District and the City of Fairfield
REVIEWERS:

Reviewer Action Date
Kaunzinger, Kristina Approved 6/5/2023 4:47 PM
Beavers, Esther Approved 6/5/2023 5:49 PM
Beavers, Esther Approved 6/5/2023 5:50 PM
Packet Page 127 of 977

CITY OF FAIRFIELD

RESOLUTION NO. 2023-162

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAIRFIELD APPROVING A FIVE -YEAR JOINT

USE AGREEMENT BETWEEN FAIRFIELD-SUISUN UNIFIED SCHOOL DISTRICT AND CITY OF

FAIRFIELD

WHEREAS, the City of Fairfield (City), through its Parks & Recreation Department, and the Fairfield-Suisun Unified School District (District) are mutually interested in providing facilities for recreation, public meetings, and cultural arts for both education and communitywide programs; and

WHEREAS, the City and the District have maintained a cooperative arrangement to share facilities where possible, to maximize the available use of public facilities by each agency; and

WHEREAS, since 1989, the two agencies have held continuous joint use agreements to promote and conduct community service programs which contribute to community service programs and the attainment of general recreational and educational objectives for children and adults; and

WHEREAS, the current joint use agreement between the City and the District will expire on June 30, 2023, and the Fairfield-Suisun Unified School District Governing Board approved the Joint Use Agreement on June 15, 2023.

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

Section 1. The City Council approves the attached Joint Use Agreement between the Fairfield- Suisun Unified School District and the City of Fairfield.

Section 2. The council authorizes the city manager to do all things necessary and proper to implement the Joint Use Agreement.

PASSED AND ADOPTED this 20th day of June, 2023, by the following vote:

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

NOES: MEMBERS: ______________________________________________________

ABSENT: MEMBERS:

ABSTAIN: MEMBERS:

______________________________________________________
MAYOR
ATTEST:

____________________________

CITY CLERK
Packet Page 128 of 977Attachment 1 Page 1 of 1

Community Recreation Act Joint Use Agreement- FSUSD- City of Fairfield 1 JOINT USE AGREEMENT BETWEEN FAIRFIELD-SUISUN UNIFIED DISTRICT AND

THE CITY OF FAIRFIELD
(Joint Use of Recreational Facilities)
THIS JOINT USE AGREEMENT ("Agreement") is made and entered into this ___ day of June 2023 ("Effective Date"), by and between FAIRFIELD-SUISUN UNIFIED SCHOOL DISTRICT, a California public school district ("District") and the CITY OF FAIRFIELD, a municipal corporation of the State of California ("City"). The District and City may be referred to herein collectively as the "Parties" or individually as a "Party".

RECITALS
WHEREAS, District is the owner of certain recreational real property and facilities as set forth in Exhibit "A," ("District Recreational Facilities" or "District Sites"); and WHEREAS, the City is the owner of certain recreational real property and facilities as set forth in Exhibit "B" located within the City of Fairfield ("City Recreational Facilities" or "City Sites"); and WHEREAS, the provisions of Education Code sections 10900 through 10914.5, inclusive, (the "Community Recreation Act") authorize and empowers cities and public school districts to cooperate with one another for the purpose of authorizing, promoting and conducting programs of public services which will contribute to the attainment of general recreational and educational objectives for children and adults of the state, and to enter into agreements with each other for such purposes; and
WHEREAS, the District and City's joint use of the recreational facilities located on the District and City Sites are in the vital and best interests of the residents of the City and of the District students, and of their health, safety, and welfare, and are in accordance with the public purposes and provisions of applicable federal, State and local law.

AGREEMENT
NOW, THEREFORE, in consideration of the mutual covenants and conditions contained in this agreement, the Parties agree as follows:
1 . TERM OF AGREEMENT. The "Term" of this Agreement shall be for five (5) years commencing on Effective Date, and shall remain in effect until June 30, 2028, unless terminated earlier pursuant to the termination provisions set forth in this Agreement.

2.JOINT USE OF RECREATIONAL FACILITIES.

2.1. District Recreational Facilities:

2.1.1. District Use. The District's use of the buildings, grounds, equipment or recreational facilities ("District Recreational Facilities") located on the District Sites for any purpose shall take precedence and priority over the City's or any other person's or entity's use.

2.1.2. "District's Use" includes use of the District Recreational Facilities, without limitation:

FSUSD Contract #24F-110
Packet Page 129 of 977Attachment 2 Page 1 of 32

Community Recreation Act Joint Use Agreement- FSUSD- City of Fairfield 2 2.1.2.1 Use during any time when school is in session, including Summer School;

2.1.2.2. Use during any time that has been scheduled in advance by the various school principals or other school officers for classes, activities, exercises, or functions; and

2.1.2.3. Use during any time when the District has permitted another person or entity to use the District Recreational Facilities for specific event(s) or activity(ies).

2.1.3. The District Recreational Facilities set forth in Exhibit "A" shall be reviewed and updated on an annual basis during the Term.

2.1.4. City's Use. The City may use the District Recreational Facilities when such use does not conflict with the District's Use.

2.1.4.1. Use Fees. City shall pay the use fee set forth in Exhibit "C" ("Use Fee") for use of District Recreational Facilities. The Use Fee shall be based on the staff required to be present at the District Recreational Facilities during City use or the actual cost incurred by District related to City's use of the Recreational Facilities.

2.1.4.2. City's use of the District Recreational Facilities shall be pursuant to the Civic Center Act (Education Code section 38130 et seq.) and District's existing rules and regulations pertaining to the use of the District Recreational Facilities ("District Use Rules"), as may be amended from time to time.

2.1.4.3. City shall provide/ensure adequate supervision of any activity conducted on District Recreational Facilities during City's use.

2.1.4.4. District shall furnish and supply City the expendable materials, supplies and equipment generally made available by District to the general public for use by City at District's Recreational Facilities.

2.1.4.5. Accident/incident Report. The City shall submit a written accident/incident reports to the District within twenty-four (24) hours of any accident or incident that occurs on the District Recreational Facilities during City's use. Accident/injury reports shall be submitted to the District's principal at the School Site the Recreational Facilities are located on and to the District Office of Risk Management.

21.4.6. Concussion or head injury during City Athletic Activity. City shall comply and require any person, group or entity using the District Recreational Facilities pursuant to City's authority hereunder, to comply with Education Code section 49475 regarding the removal Packet Page 130 of 977Attachment 2 Page 2 of 32

Community Recreation Act Joint Use Agreement- FSUSD- City of Fairfield 3 of any athletic participant suspected of sustaining a concussion or head injury during use of District Recreational Facilities.

2.1.4.7. Closure of District Recreational Facilities. The Parties recognize that the District Recreational Facilities may need to be closed from time to time in the interest of public safety or for repairs and maintenance. District shall notify the City of any conditions necessitating a closure of the District Recreational Facilities or any portion thereof.

2.1.4.8 Safety and Security

2.1.4.8.1. The District will provide the City notification, if reasonably possible, of any security incident, school lockdown, or a secure- perimeter scenario due to crimes in or around the District Recreational Facilities that occur during City’s Use.

Notwithstanding the foregoing, the District shall be under no obligation nor liable for any failure to provide the notification contemplated under this section.

2.1.4.8.2. City staff using District Recreational Facilities will be invited to participate in the District’s security and safety trainings and drills that occur during City’s Use. The District follows the emergency response procedures set forth in Exhibit "H" which are reviewed and updated annually.

2.2 City Recreational Facilities:

2.21. City Use. The City's use of the buildings, grounds, equipment or recreational facilities ("City Recreational Facilities") located on the City Sites for any purpose shall take precedence and priority over the District's or any other person's or entity's use. "City's Use" includes use of the City Recreational Facilities, without limitation:

2.2.1.1. Use during any time when the City has permitted another person or entity to use the City Recreational Facilities for specific event(s) or activity(ies).

2.2.2. The City Recreational Facilities set forth in Exhibit "B" shall be reviewed and updated on an annual basis during the Term.

2.2.3. District's Use. The District may use the City Recreational Facilities when such use does not conflict with the City's Use.

2.2.3.1 Use Fees. District shall pay the use fee set forth in Exhibit "C" ("Use Fee") for use of City Recreational Facilities. The Use Fee shall be based on the staff required to be present at the City Recreational Facilities during District use or the actual cost incurred by City related to District's use of the Recreational Facilities.

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Community Recreation Act Joint Use Agreement- FSUSD- City of Fairfield 4 2.2.3.2 District's use of the City's Recreational Facilities shall be pursuant to the City's existing rules, ordinances and regulations pertaining to the use of the City's Recreational Facilities ("City Use Rules"), as may be amended from time to time.

2.2.3.3 District shall provide/ensure adequate supervision of any activity conducted on City Recreational Facilities during District's use.

2.2.3.4 City shall furnish and supply District the expendable materials, supplies and equipment generally made available by City to the general public for use by District at City's Recreational Facilities.

2.2.3.5 Accident/incident Report. The District shall submit a written accident/incident reports to the City within twenty-four (24) hours of any accident or incident that occurs on the City Recreational Facilities during District's use. Accident/injury reports shall be submitted to the City's City Manager and to the City's Risk Manager.

2.2.4. Closure of City Recreational Facilities. The Parties recognize that the City Recreational Facilities may need to be closed from time to time in the interest of public safety or for repairs and maintenance. City shall notify the District of any conditions necessitating a closure of the City Recreational Facilities or any portion thereof.

2.3. Schedule of Use:

2.3.1 The SUPERINTENDENT and DIRECTOR or their designated representatives, will publish and distribute, no later than two weeks after the scheduling meeting, a Master Joint Use Schedule to their respective staffs.

The Joint Use Agreement Facilities Usage Application set forth in Exhibit D will be used by the District when requesting City Recreational Facilities. The City will use the District’s third-party online software system when requesting District Recreational Facilities.

2.3.2 Each Party shall designate one contact person to maintain records related to the Master Joint Use Schedule agreed to by the District and City pursuant to this Agreement. Each Party shall provide notice to the other of the person designated by that Party as the contact person. Each Party shall notify the other in the event the Party's contact person changes. Such notification shall be in the same manner provided in this Agreement in the section entitled "Notices."

2.3.3 Designated District and City representatives shall meet annually to schedule and prepare the Master Joint Use Schedule as follows:

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Community Recreation Act Joint Use Agreement- FSUSD- City of Fairfield 5 Meeting dates Months scheduled at meeting

First week of August September, October, November
First week of October December, January, February
First week of January March, April, May
First week of May June, July, August

At least four (4) weeks prior to a quarterly meeting, each Party's proposed use schedule shall be provided to the other Party so the Parties may complete its internal approval process prior to the quarterly meeting.

2.3.3 In the event a Party requires the use of the other Party's Recreational Facilities at a time that has not been mutually agreed to by the Parties, and that does not appear on the Master Joint Use Schedule, that Party shall comply with the other Party's Application for Use of Facilities and all applicable requirements thereto.

2.3.4 Except in the event of an emergency, the Parties shall provide at least ten (10) business days prior notice of a cancellation of a Party's scheduled use.

The Party cancelling the other Party's use shall make good faith and reasonable efforts to provide alternative available recreational space to the Party's whose use is cancelled.

2.3.5. Except in the event of an emergency, the Parties shall provide each other at least ten (10) business days prior notice of a Party's intent to cancel a scheduled use of the other Party's Recreational Facilities. If a Party fails to provide prior notice or fails to use the other Party's recreational facilities when scheduled, that Party shall be charged the Use Fee set forth in Exhibit "C" as if the use had occurred.

2.3.6 A final in-person review will be scheduled 10 to 14 business days prior to the event date, with the individual(s) responsible for the event/program. At this time, an original final set up diagram will be due, and all facility and equipment requests for the event will be finalized. Changes requested after this review may not be accommodated.
3 MAINTENANCE.

3. 1. City Maintenance. City agrees to provide, as its own cost and expense, any and all maintenance for the City Recreational Facilities. Maintenance to be provided by City shall be staffed by City's equipment and ball fields personnel, be consistent with the normal maintenance levels as applied to other comparable City open space and park areas and shall insure safe and healthful use. Maintenance to be provided by City shall also include payment by City, as its own cost and expense, any and all utility costs, including without limitation, electricity, water, and refuse removal costs.

Packet Page 133 of 977Attachment 2 Page 5 of 32

Community Recreation Act Joint Use Agreement- FSUSD- City of Fairfield 6 3.2. District Maintenance. District agrees to provide, as its own cost and expense, any and all maintenance for the District Recreational Facilities. Maintenance to be provided by District shall be consistent with the normal maintenance levels as applied to other comparable District schools and shall insure safe and healthful use.

Maintenance to be provided by District shall also include payment by District, as its own cost and expense, any and all utility costs, including without limitation, electricity, water, and refuse removal costs.
4 POST EVENT EVALUATION AND REPAIRS. The Parties agree that each Party shall be responsible for any damage, injuries, or harm caused by use of the other Party's Recreational Facilities. The Party whose recreational facilities were used shall complete a Post Event Evaluation Form (Exhibit "E") indicating any necessary repairs or damage caused by the other Party's use. The Post Evaluation Form shall be provided to the other Party the next business day following that Party's use of the recreational facilities. Additionally, the Party completing the Post Event Evaluation Form shall provide a bill for damages ("Exhibit F") to the other Party.

4. 1. The Party using the other Party's Recreational Facilities shall repair, or cause to be repaired, or will reimburse the Party that owns the Recreational Facilities for the cost of repairing damage done to the Recreational Facilities of the other Party, other than ordinary wear and tear items.

4.2 Any dispute regarding the responsibility for damages shall be resolved pursuant to the dispute resolution procedures indicated herein.
5 INDEMNIFICATION.

5. 1. Indemnification of District. To the furthest extent permitted by California law, City shall protect, defend, indemnify and hold harmless District, and its officers, agents, representatives, consultants, employees, trustees and volunteers ("District's Indemnified Parties") from any and all demands, liabilities, losses, damages, injury, claims, suits, and actions ("Claims against the City") of any kind, nature or description, including, but not limited to, personal injury, death, property damage, and consultants' and/or attorneys' fees and costs, directly or indirectly arising out of, connecting with or resulting from the performance of the Agreement or from any activity, work, or thing done, permitted, or suffered by the City in conjunction with this Agreement except to the extent that the Claims against the City are not caused by the negligence or willful misconduct of the District's Indemnified Parties. The District shall have the right to accept or reject any legal representation that City proposes to defend the District's Indemnified Parties.

5.2. Indemnification of City. To the furthest extent permitted by California law, District shall protect, defend, indemnify and hold harmless City, and its officers, agents, representatives, consultants, employees, trustees and volunteers ("City's Indemnified Parties") from any and all demands, liabilities, losses, damages, injury, claims, suits and actions ("Claims against the District") of any kind, nature or description, including, but not limited to, personal injury, death, property damage, Packet Page 134 of 977Attachment 2 Page 6 of 32

Community Recreation Act Joint Use Agreement- FSUSD- City of Fairfield 7 and consultants' and/or attorneys' fees and costs, directly or indirectly arising out of, connecting with or resulting from the performance the Agreement or from any activity, work, or thing done, permitted, or suffered by the District in conjunction with this Agreement to the extent that the Claims against the District are not caused by the negligence or willful misconduct of the City's Indemnified Parties. The City shall have the right to accept or reject any legal representation that District proposes to defend the City's Indemnified Parties.
6 INSURANCE. Each Party shall, during the Term, maintain in force the policies set forth in Exhibit "G". All policies, endorsements, certificates shall be subject to approval by the other Party's Risk Manager as to form and content. The insurance requirements are subject to amendment or waiver if so approved in writing by both Parties. Each Party agrees to provide the other Party with a copy of said policies, certificates and/or endorsements upon execution of this Agreement.
7 TERMINATION.

7.1. City or District may terminate this Agreement at any time by written notice of election to terminate delivered to the other Party at least sixty (60) days in advance of the effective termination date elected.
8 NOTICES. All notices required or permitted to be given under this agreement shall be in writing and personally delivered or sent by certified mail, postage prepaid and return receipt requested, addressed as follows:

CITY

DISTRICT
City of Fairfield Fairfield-Suisun Unified School District 1000 Webster Street 2490 Hilborn Road
Fairfield, CA 94533 Fairfield, CA 94534
Attn: City Manager Attn: Executive Director of Facilities Telephone: (707) 428-7400 Telephone: (707) 399-5148

Notice shall be deemed effective on the date personally delivered or, if mailed, three days after deposit in the mail. Notice transmitted by facsimile shall be deemed effective on the following business day. Notice provided by overnight delivery shall be deemed effective the next business day after delivery by the overnight delivery service. The Parties may change their respective addresses for purposes of delivering notices by sending notice of such change pursuant to this paragraph.
9 ASSIGNMENT. Neither Party shall assign its rights, duties or privileges under this Agreement, nor shall either Party attempt to confer any of its rights, duties or privileges under this Agreement on any third Party, without the written consent of the other Party.

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Community Recreation Act Joint Use Agreement- FSUSD- City of Fairfield 8 10. NON-DISCRIMINATION. Neither Party shall employ any discriminatory practices in its performance hereunder, including its employment practices, on the basis of sex, race, color, religion, national origin, ancestry, age, sexual orientation, or physical or mental disability.

11. INDEPENDENT CONTRACTOR STATUS. This Agreement is by and between two independent entities and is not intended to and shall not be construed to create the relationship of agent, servant, employee, partnership, joint venture, or association.

12. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between the Parties and supersedes all prior discussions, negotiations and agreements, whether oral or written. This Agreement may be amended or modified only by a written instrument executed by both Parties.

13. VERIFICATION OF QUALIFICATIONS. Each Party shall be responsible for verifying the qualifications, credentials, certificates, and licenses of its staff, agents, consultants and/or subcontractors who may provide services in conjunction with each Party's duties or obligations pursuant to this Agreement or the use of the Recreational Facilities.

14. FINGERPRINTING AND CRIMINAL BACKGROUND INVESTIGATIONS. Each Party shall ensure compliance with the fingerprinting requirements of Education Code section 1091 1.5 for all employees, staff, and/or contractors who could have direct contact with minors, regardless of whether such individuals are paid or unpaid.

15. DISPUTE RESOLUTION. If a dispute arises that is related, in any way, to this, the Parties agree to attempt first to resolve the dispute through negotiations. If negotiations are unsuccessful, the Parties agree to mediate the dispute prior to initiating legal action.

16. CALIFORNIA LAW. This Agreement shall be governed by and the rights, duties and obligations of the Parties shall be determined and enforced in accordance with the laws of the State of California. The Parties further agree that any action or proceeding brought to enforce the terms and conditions of this Agreement shall be maintained in Solano County, California.

17. PROHIBITED ACTIVITIES. Use of tobacco products, intoxicants, or narcotics is prohibited in or about the Party's Recreational Facilities. Profane language, quarreling, fighting, and/or gambling is also prohibited.

18. WAIVER. The waiver by either Party of any breach of any term, covenant, or condition herein contained shall not be deemed to be a waiver of such term, covenant, condition, or any subsequent breach of the same or any other term, covenant, or condition herein contained.

19. SUCCESSORS AND ASSIGNS. This Agreement shall be binding upon and inure to the benefit of the Parties hereto and their respective heirs, legal representatives, successors, and assigns.

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Community Recreation Act Joint Use Agreement- FSUSD- City of Fairfield 9 20.AMENDMENTS. Amendments to the terms and conditions of this Agreement shall be requested in writing by the Party desiring the revision, and any amendment to the Agreement shall only be effective upon the mutual agreement in writing of both Parties hereto.

21.COUNTERPARTS. This Agreement and all amendments and supplements to it may be executed in counterparts, and all counterparts together shall be construed as one document.

22.CAPTIONS. The captions contained in this Agreement are for convenience only and shall not in any way affect the meaning or interpretation hereof nor serve as evidence of the interpretation hereof, or of the intentions of the Parties hereto.

23.SEVERABILITY. Should any provision of this Agreement be determined to be invalid, illegal or unenforceable in any respect, such provision shall be severed and the remaining provisions shall continue as valid, legal and enforceable.

24.INCORPORATION OF RECITALS AND EXHIBITS. The Recitals and each exhibit attached hereto are hereby incorporated herein by reference.

25.APPROVAL. The Parties agree that this Agreement shall not be binding on the Parties until the Agreement is approved by the District's Board of Education and the City Council.

IN WITNESS WHEREOF, this Agreement has been duly approved by Parties on the day and year hereinabove written.

APPROVED AS TO FORM:
________________________________
City Attorney

CITY OF FAIRFIELD
A Municipal corporation
________________________________
Signature
_______________________________
Print Name
City Manager

FAIRFIELD-SUISUN UNIFIED SCHOOL DISTRICT
A California public school district
________________________________
Signature
________________________________
Print Name
Assistant Superintendent, Business Services
Laneia Grindle
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EXHIBIT “A”

DISTRICT RECREATIONAL FACILITIES

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EXHIBIT A

Fairfield-Suisun Unified School District Facilities Available For Use by City of Fairfield per the JUA School Phone C P M/U G VSB JVSBB VBB JVBB T SP F CR L O Armijo High 422-7500              
Fairfield High 438-3000              
Rodriguez High 863-7950              
Crystal 421-5800      
Grange 438-1900      
Green Valley 646-7000      
Anna Kyle 421-4105     
B. Gale Wilson 421-4225     
Cleo Gordon 421-4125     
Cordelia Hills 864-1905     
Crescent 435-2771     
Dan O. Root II 421-4240     
David Weir 399-3300     
Dover 435-3794     
E. Ruth Sheldon 421-4150     
Fairview 421-4165     
H. Glen Richardson 420-2300     
K.I. Jones 421-4195     
Laurel Creek 421-4291     
Nelda Mundy 863-7920     
Oakbrook 863-7930     
Rolling Hills 399-9566     
Suisun Elementary 421-4210    
Suisun Valley 421-4338     
Sullivan 366-0685     
Tolenas 421-4350     
Adult School 421-4110    
Matt Garcia Career & College 424-9400   Public Safety Academy 421-4100      

C = Classrooms VSB = Varsity Softball Field T = Tennis Courts CR = Conference Room P = Playground/Soccer Field JVSBB = Junior Varsity Softball Field SP = Swimming Pool L = Library M/U = Multiple Purpose Room VBB = Varsity Baseball Field F = Football Field O = Outside Basketball Courts G = Gymnasium JVBB = Junior Varsity Baseball Field

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EXHIBIT “B”

CITY RECREATIONAL SITES

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Exhibit B

City of Fairfield Facilities Available For Use by the Fairfield-Suisun Unified School District Facilities per the JUA Community Center WH LSA LSB LSC PR CR       Adult Recreation Center (ARC) MR AH/S K RTR CR MPR       Neighborhood Centers (2) FAC
Mankas (adjacent to KI Jones) 
Laurel Creek (adjacent to Laurel Creek) 

Dunnell Nature Park & Education Center FAC


Sports Center @ Allan Witt Park FAC BB VB   

Aquatics Complex @ AWP FAC


Golf Courses GC R
Rancho Solano  
Paradise Valley  
Outside Play Facilities LBS AWS AWB AWT LCB LCS LCSOC RP Octo         

Parks AWP LBP LCP CCP O
   
Community Center
WH - Willow Hall LSA – Lakeside Ste A LSB – Lakeside Ste B LSC – Lakeside Ste C PR – Patio room CR – Conference room

Adult Recreation Center (ARC)
MR – Meeting rooms AH/S – Assembly hall/stage K – kitchen RTR– Round table room CR – Conference room MPR = Multi-purpose room

Neighborhood Centers (2)
FAC – Facility
Consider Section 2.2.1 of the Joint Use Agreement when requesting or using the neighborhood centers

Dunnell Nature Park & Education Center
FAC - Facility

Sports Center @ AWP
FAC – Facility BB – Basketball VB - Volleyball

Aquatics Complex @ AWP
FAC – Facility

Golf Courses- Rancho Solano and Paradise Valley
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GC – Golf Course R - Range

Outside / Play Facilities
LBS – Lee Bell Softball AWS – Allan Witt Softball (1 – 4) AWB – Allan Witt Baseball AWT – Allan Witt Tennis Court LCB - Laurel Creek Baseball LCS – Laurel Creek Softball LCSOC – Laurel Creek Soccer RP – Rockville Park Octo – Octo-Inn Soccer Complex

Parks
AWP – Allan Witt Park LBP – Lee Bell Park LCP – Laurel Creek Park CCP – Cordelia Community Park O - Other

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EXHIBIT “C”

RECREATIONAL FACILITIES USE FEES AND CHARGES

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Exhibit C

CITY Charges

CITY charges to the DISTRICT shall be according to the following schedule. The amount of the charges is revised annually by resolution of the Fairfield City Council through the budget process. Any revision to CITY fees will be provided to the DISTRICT and will supersede the charges listed below. The fees charged will be those in effect at the time of the facility usage date.

Field Preparation Charge $50 per field / prep

Play Field Light Charge $42 per hour

Additional Building Attendant (per staff member) $25 per hour • Scheduled when use requires additional personnel
based on attendance (per 100 guests) or use outside
of normal business hours or when the facility is closed.

Aquatics Complex $25 per hour per
lifeguard/janitor
• School uses based on annual Council approved Approved Complex fees for lifeguard staff and facility rental fees
• Rec swim fee for class field trips $6 per participant

Paradise Valley and Rancho Solano Golf Courses
Practices & Matches
• Golf team and one (1) District FTE per team No Charge  Golf team members will not use golf carts
• District FTE pays the prevailing junior fees when playing golf while supervising team matches or practices $11 junior green fee • Other District FTE using a cart for matches or practices pays a cart fee $11 cart fee
• Additional Golf Carts Approved Course
Fee

Tournaments (Two per year)
• Golf team and visiting Golf team players $5 green fee  Golf team members will not use golf carts
• Golf Carts (Referees - One cart each foursome) No Charge • Golf cart (Tournament official – One cart) No Charge • District FTE pays the prevailing junior fees when playing golf while supervising tournaments $11 junior green fee • Other District FTE using a cart for tournament pays a cart fee: $10 cart fee
• Additional Golf Carts Approved Course
Fee

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Rockville Park
Runners and Coach No Charge
Spectators Paid Directly at Park
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Fairfield Suisun Unified School District

FACILITIES USE FEES

Revised August 2019

EXHIBIT C

PERSONNEL FEES
(NON-PROFIT & FOR-PROFIT GROUPS)

ALL groups must pay for custodial fees outside of normal work hours.

Additional time must be added to the event for custodian to open and close facilities.

Additional custodians may be required on events with more than 100 attendees.

Custodian
Fees do not apply during custodian’s regularly scheduled hours. Large events may require additional custodians and fees will apply. $39/hour Food Service Worker (kitchen only) $21/hour
Computer Technician $47/hour

UTILITY FEES
(NON-PROFIT & FOR-PROFIT GROUPS)

Stadium Lights $52/hour
Pool Utilities and Chemicals $65/hour

FACILITY FEES
(FOR-PROFIT GROUPS)

Cafeteria $32/hour
Classroom/Conference Room $8/hour
Fields:
• High School Stadium $322/hour
• Middle School Soccer Fields $185/hour
• Elementary School Recreational Fields $116/hour
Gymnasium $88/hour
Kitchen $14/hour
Library $31/hour
Locker Rooms $47/hour
Multi-Purpose Room $47/hour
Parking Lots $20/day
Quad areas $60/hour
Tennis Courts $17/hour

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EXHIBIT “D”

JOINT USE AGREEMENT FACILITIES USE APPLICATION

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Exhibit D

Joint Use Agreement Facilities Usage Application
Fairfield-Suisun Unified School District / City of Fairfield Requests for usage should be submitted 30 days prior to the quarterly meeting dates specified in the Joint Use and Development Agreement.

Date submitted:

APPLICANT INFORMATION
Person responsible for event:

Email and phone number of person responsible:

School & Organization represented:

Name of on-site person responsible (if different than above):

Email and phone number of on-site person responsible:

EVENT INFORMATION
Facility requested:

Event date(s): Day(s) of week: Estimated attendance:

Usage hours (including set-up and clean-up): AM | PM to AM | PM Event times: AM | PM to AM | PM Event type:

Will you need to use audio equipment? (Sound system, microphones, etc.)  Yes  No Will you need to use projectors?  Yes  No
Will food be served?  Yes  No
Any additional equipment requests?

APPROVAL INFO
Approved by: Title:

Signature: Date:

Final review date, location, and time:

(10-14 days prior to event with person responsible. Final set up and event requests due) Comments:

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Page 2 of 3 ends

Fairfield City CouncilJune 20, 2023

Fairfield City Council
June 20, 2023