Agenda, first session — Fairfield City Council, September 19, 2023 (part 1 of 2)

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 Senior Pastor Joe Smith, Calvary Baptist Church PLEDGE OF ALLEGIANCE
COUNCIL REPORTS
CITY MANAGER REPORT
CITY ATTORNEY REPORT
Packet Page 1 of 294

PRESENTATIONS

1.Poem and Proclamation Declaring National Hispanic Heritage Month Presented by Poet Laureate Suzanne Bruce and Councilmember Doriss Panduro Contact:Karen Rees, (707) 428 7767
a

2.Proclamation Declaring Constitution Week Presented by Councilmember Scott Tonnesen Contact:Karen Rees, (707) 428 7767
a

3.Celebrating Tular Williams' 100th Birthday 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 MEETING OF THE HOUSING AUTHORITY
The holding of a joint meeting of the City Council and Housing Authority entitles the councilmembers to receive additional compensation of $35 for attending this joint meeting.

ROLL CALL
Commissioner Doug Carr
Commissioner Doriss Panduro
Commissioner Scott Tonnesen
Commissioner Rick Vaccaro
Commissioner K. Patrice Williams
Vice Chair Pam Bertani
Chair Catherine "Cat" Moy
HOUSING AUTHORITY CONSENT CALENDAR
HOUSING AUTHORITY CONSENT CALENDAR NOTICE
All matters listed on the Consent Calendar are to be approved with one motion unless a member of the Authority or the public requests that separate action be taken on a specific item.

4.Resolution HA202307 of the Fairfield Housing Authority Approving the Grant Deed of Easement Between the Fairfield Housing Authority and the City of Fairfield for an Easement on Packet Page 2 of 294

4.Resolution HA202307 of the Fairfield Housing Authority Approving the Grant Deed of Easement Between the Fairfield Housing Authority and the City of Fairfield for an Easement on the Highway 12 Property, More Commonly Known as Assessor Parcel Number 0032010240 Recommended Action
Adopt resolution.

Funding Source
N/A
Contact:LaTanna Jones, (707) 4287647
a
RECONVENE MEETING OF THE CITY COUNCIL
CONSENT CALENDAR
All matters listed on the Consent Calendar are to be approved with one motion unless a member of the City Council or the public requests that separate action be taken on a specific item.

5.Resolution 2023234 of the City Council of the City of Fairfield Approving the Purchase of a Data Security and Classification Tool from Presidio Networked Solutions Group, LLC Recommended Action
Adopt resolution.

Funding Source
$420,000; Computer Fund Cyber Resilience Plan Project CITCRP0001 Contact:Eudora Fleischman, (707) 4287527
a

6.Resolution 2023235 of the City Council of the City of Fairfield Authorizing the City Manager to Execute a Professional Services Agreement Between the City of Fairfield and the Gumshoe Group for PreEmployment Background Investigations
Recommended Action
Adopt resolution.

Funding Source
$100,000; General Fund
Contact:Dan Marshall, (707) 4287313
a

7.Resolution 2023236 of the City Council of the City of Fairfield Approving the Fourth Amendment to Lease Between the City of Fairfield and GTE Mobilnet of California Limited Partnership for the Cellular Site Located off of Cordelia Road, Fairfield, More Commonly Known as APN 0044 240060
Recommended Action
Adopt resolution.

Funding Source
N/A
Contact:Dwayne Dalman, (707) 4287649
a

8.Resolution 2023237 of the City Council of the City of Fairfield Approving the Conversion of the Fire Inspector I Position to Fire Inspector II
Recommended Action
Adopt resolution.

Funding Source
Packet Page 3 of 294

Funding Source
N/A
Contact:John Sturdee, (707) 4367228
a

9.Resolution 2023238 of the City Council of the City of Fairfield Authorizing the City Manager to Execute Future Amendments to the Consultant Services Agreement Between the City of Fairfield and Interwest Consulting Group, Inc. up to $100,000; and Authorizing the City Manager to Execute a Second Amendment to the Consultant Services Agreement Between the City of Fairfield and Interwest Consulting Group, Inc. to Provide Continued Contract Planner Services Recommended Action
Adopt resolution.

Funding Source
$40,000; General Fund
Contact:Meily Sheehan, (707) 4287474
a

10.Resolution 2023239 of the City Council of the City of Fairfield Approving Conveyance of an Easement to Pacific Gas and Electric Company within a CityOwned Parking Lot and Authorizing the City Manager to Execute an Easement Deed Recommended Action
Adopt resolution.

Funding Source
N/A
Contact:Trisha Curran, (707) 4287471
a

11.Resolution 2023240 of the City Council of the City of Fairfield Authorizing the City Manager to Terminate Reimbursement Agreement No. 49 Associated with Assessor's Parcel Number (APN) 0037060480 and 0037030210 to Reimburse the City for the Completion of Public Improvements Along Sunset Avenue
Recommended Action
Adopt resolution.

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

12.Resolution 2023241 of the City Council of the City of Fairfield Approving the Plans and Specifications and Awarding a Contract to Mike Brown Electric Co. for the Lee Bell Neighborhood Park Sports Field Lighting Improvements
Recommended Action
Adopt resolution.

Funding Source
$757,108; Parks Capital Fund
Contact:David Vong, (707) 4287784
a

13.Resolution 2023242 of the City Council of the City of Fairfield Authorizing the City Manager to Execute Fiscal Year 2023 Edward Byrne Memorial Justice Assistance Grant Program Local Solicitation
Recommended Action
Adopt resolution.

Packet Page 4 of 294

Funding Source
$163,562; Special Programs Fund
Contact:Dan Marshall, (707) 4287374
a

14.Resolution 2023243 of the City Council of the City of Fairfield Authorizing the City Manager to Approve Payment to DXP Enterprises, Inc. for the North Bay Regional Water Treatment Plant High Lift and Backwash Pump Repair
Recommended Action
Adopt resolution.

Funding Source
$114,828; NBR Capital Fund
Contact:Michael J. Hether, (707) 4287493
a

15.Second Reading and Adoption of Ordinance 202310 of the City Council of the City of Fairfield Amending Chapter 25, Article I, Section 25.12.3 of the Fairfield City Code, also Known as the City of Fairfield Zoning Map, Rezoning One Parcel at 4840 Business Center Drive (APN: 0148 540350) from Industrial Business Park – North Cordelia Overlay (IBP – NC) District to Residential, Very High Density – North Cordelia Overlay (RVH – NC) District Recommended Action
Provide second reading and adopt Ordinance 202310.

Funding Source
N/A
Contact:Jonathan Atkinson, (707) 4287387
a
NEW BUSINESS

16.Investment Grade Audit (IGA) Update for City of Fairfield Sites for Energy Conservation Recommended Action
Receive report.

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

17.Resolution 2023244 of the City Council of the City of Fairfield Authorizing the City Manager to Execute a Professional Service Agreement with Gates + Associates Landscape Architects to Provide Design Services for the Heart of Fairfield Downtown Revitalization Project and Authorizing an Update to the Fiscal Year 20232024 Budget Recommended Action
Adopt resolution.

Funding Source
$1,500,000; Intergovernmental Loan Funds $505,725; Tree Mitigation Fund $60,000; AB1600 Urban Design and Art Fund
Contact:Dwayne Dalman, (707) 4287649 and David Vong, (707) 4287784 a

18.City Council Discussion and Direction Related to the Landscaping and Lighting Maintenance Districts that Failed the June 2023 Proposition 218 Vote Recommended Action
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CITY OF FAIRFIELDFAIRFIELD CITY COUNCILCONCURRENT MEETINGTUESDAY, SEPTEMBER 19, 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 Senior Pastor Joe Smith, Calvary Baptist ChurchPLEDGE OF ALLEGIANCECOUNCIL REPORTSCITY MANAGER REPORTCITY ATTORNEY REPORTCITY CLERK REPORTPRESENTATIONS1.Poem and Proclamation Declaring National Hispanic Heritage Month Presented by PoetLaureate Suzanne Bruce and Councilmember Doriss PanduroContact:Karen Rees, (707) 428 7767a2.Proclamation Declaring Constitution Week Presented by Councilmember Scott TonnesenContact:Karen Rees, (707) 428 7767a3.Celebrating Tular Williams' 100th Birthday Presented by Vice Mayor Pam BertaniContact:Karen Rees, (707) 428 7767aPUBLIC COMMENTS PUBLIC COMMENTSPersons wishing to address the City Council on subjects not on the agenda but within the jurisdictionof the council may do so at this time. The council cannot discuss or take action on matters not on theagenda for this meeting, but councilmembers may briefly respond to statements made or questionsraised by the public, ask for clarification from staff, refer the matter to staff, request staff to report backto the council at a subsequent meeting, or place the matter on a future agenda. To speak on anagenda item please use the “raise your hand” feature or press *9 on your phone. Speakers arelimited to three minutes per item.CONVENE MEETING OF THE HOUSING AUTHORITYThe holding of a joint meeting of the City Council and Housing Authority entitles thecouncilmembers to receive additional compensation of $35 for attending this joint meeting.ROLL CALLCommissioner Doug CarrCommissioner Doriss PanduroCommissioner Scott TonnesenCommissioner Rick VaccaroCommissioner K. Patrice Williams Vice Chair Pam BertaniChair Catherine "Cat" MoyHOUSING AUTHORITY CONSENT CALENDARHOUSING AUTHORITY CONSENT CALENDAR NOTICEAll matters listed on the Consent Calendar are to be approved with one motion unless a member ofthe Authority or the public requests that separate action be taken on a specific item.4.Resolution HA202307 of the Fairfield Housing Authority Approving the Grant Deed ofEasement Between the Fairfield Housing Authority and the City of Fairfield for an Easement onthe Highway 12 Property, More Commonly Known as Assessor Parcel Number 0032010240Recommended ActionAdopt resolution.Funding SourceN/AContact:LaTanna Jones, (707) 4287647aRECONVENE 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.Resolution 2023234 of the City Council of the City of Fairfield Approving the Purchase of aData Security and Classification Tool from Presidio Networked Solutions Group, LLCRecommended ActionAdopt resolution. Funding Source$420,000; Computer Fund Cyber Resilience Plan Project CITCRP0001Contact:Eudora Fleischman, (707) 4287527a6.Resolution 2023235 of the City Council of the City of Fairfield Authorizing the City Manager toExecute a Professional Services Agreement Between the City of Fairfield and the GumshoeGroupfor PreEmployment Background InvestigationsRecommended ActionAdopt resolution.Funding Source$100,000; General FundContact:Dan Marshall, (707) 4287313a7.Resolution 2023236 of the City Council of the City of Fairfield Approving the Fourth Amendmentto Lease Between the City of Fairfield and GTE Mobilnet of California Limited Partnership forthe Cellular Site Located off of Cordelia Road, Fairfield, More Commonly Known as APN 0044240060Recommended ActionAdopt resolution.Funding SourceN/AContact:Dwayne Dalman, (707) 4287649a8.Resolution 2023237 of the City Council of the City of Fairfield Approving the Conversion of theFire Inspector I Position to Fire Inspector IIRecommended ActionAdopt resolution.Funding SourceN/AContact:John Sturdee, (707) 4367228a9.Resolution 2023238 of the City Council of the City of Fairfield Authorizing the City Manager toExecute Future Amendments to the Consultant Services Agreement Between the City ofFairfield and Interwest Consulting Group, Inc. up to $100,000; and Authorizing the City Managerto Execute a Second Amendment to the Consultant Services Agreement Between the City ofFairfield and Interwest Consulting Group, Inc. to Provide Continued Contract Planner ServicesRecommended ActionAdopt resolution.Funding Source$40,000; General FundContact:Meily Sheehan, (707) 4287474a10.Resolution 2023239 of the City Council of the City of Fairfield Approving Conveyance of anEasement to Pacific Gas and Electric Company within a CityOwned Parking Lot andAuthorizing the City Manager to Execute an Easement DeedRecommended ActionAdopt resolution.Funding SourceN/AContact:Trisha Curran, (707) 4287471a11.Resolution 2023240 of the City Council of the City of Fairfield Authorizing the City Manager toTerminate Reimbursement Agreement No. 49 Associated with Assessor's Parcel Number(APN) 0037060480 and 0037030210 to Reimburse the City for the Completion of PublicImprovements Along Sunset AvenueRecommended ActionAdopt resolution.Funding SourceN/AContact:Alvin Lei, (707) 4287476a12.Resolution 2023241 of the City Council of the City of Fairfield Approving the Plans andSpecifications and Awarding a Contract to Mike Brown Electric Co. for the Lee BellNeighborhood Park Sports Field Lighting ImprovementsRecommended ActionAdopt resolution.Funding Source$757,108; Parks Capital FundContact:David Vong, (707) 4287784a13.Resolution 2023242 of the City Council of the City of Fairfield Authorizing the City Manager toExecute Fiscal Year 2023 Edward Byrne Memorial Justice Assistance Grant Program LocalSolicitationRecommended ActionAdopt resolution.Funding Source$163,562; Special Programs FundContact:Dan Marshall, (707) 4287374a14.Resolution 2023243 of the City Council of the City of Fairfield Authorizing the City Manager toApprove Payment to DXP Enterprises, Inc. for the North Bay Regional Water Treatment PlantHigh Lift and Backwash Pump RepairRecommended ActionAdopt resolution.Funding Source$114,828; NBR Capital FundContact:Michael J. Hether, (707) 4287493a15.Second Reading and Adoption of Ordinance 202310 of the City Council of the City of FairfieldAmending Chapter 25, Article I, Section 25.12.3 of the Fairfield City Code, also Known as theCity of Fairfield Zoning Map, Rezoning One Parcel at 4840 Business Center Drive (APN: 0148540350) from Industrial Business Park – North Cordelia Overlay (IBP – NC) District toResidential, Very High Density – North Cordelia Overlay (RVH – NC) DistrictRecommended ActionProvide second reading and adopt Ordinance 202310.Funding SourceN/AContact:Jonathan Atkinson, (707) 4287387aNEW BUSINESS16.Investment Grade Audit (IGA) Update for City of Fairfield Sites for Energy ConservationRecommended ActionReceive report.Funding SourceN/AContact:Marisa Cumpian, (707) 4287494a17.Resolution 2023244 of the City Council of the City of Fairfield Authorizing the City Manager toExecute a Professional Service Agreement with Gates + Associates Landscape Architects toProvide Design Services for the Heart of Fairfield Downtown Revitalization Project andAuthorizing an Update to the Fiscal Year 20232024 BudgetRecommended ActionAdopt resolution.Funding Source$1,500,000; Intergovernmental Loan Funds $505,725; Tree Mitigation Fund $60,000; AB1600Urban Design and Art FundContact:Dwayne Dalman, (707) 4287649 and David Vong, (707) 4287784a18.City Council Discussion and Direction Related to the Landscaping and Lighting Maintenance Districts that Failed the June 2023 Proposition 218 Vote Recommended Action
Receive report, open discussion, and provide direction to staff.

Funding Source
N/A
Contact:David Gassaway, (707) 4287400
a
PUBLIC HEARINGS

19.Public Hearing; and
Resolution 2023245 of the City Council of the City of Fairfield Adopting an Amendment to the Train Station Specific Plan (Sp2023001)
Recommended Action
Hold public hearing and adopt resolution.

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

20.Public Hearing; and
Resolution 2023246 of the City Council of the City of Fairfield Annexing Territory (Brighton Place) to Community Facilities District No. 20122 (Public Safety Services, Open Space Operation, and Park Maintenance) as Annexation No. 64, Authorizing the Levy of a Special Tax Within the Annexed Territory, and Submitting the Levy of a Special Tax to the Qualified Electors Thereof; and
Resolution 2023247 of the City Council of the City of Fairfield Declaring the Results of a Special Annexation Election in Territory Annexed to Community Facilities District No. 20122 (Public Safety Services, Open Space Operation, and Park Maintenance), Determining the Validity of Prior Proceedings, and Directing Recording of Amended Notice of Special Tax Lien for City of Fairfield Community Facilities District No. 20122 (Public Safety Services, Open Space Operation, and Park Maintenance) Annexation No. 64 (Brighton Place) Recommended Action
Hold public hearing and adopt resolutions.

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

21.Public Hearing and;
Resolution 2023248 of the City Council of the City of Fairfield Approving the Submission of the Fiscal Year 20222023 Community Development Block Grant (CDBG) Program Consolidated Annual Performance Evaluation Report (CAPER) to the U.S. Department of Housing and Urban Development (HUD) and Authorizing the City Manager to Execute Any Agreements or Documents Requested by HUD
Recommended Action
Hold public hearing and adopt resolution.

Funding Source
N/A
Contact:LaTanya Terrones, (707) 4287454
Packet Page 6 of 294

CITY OF FAIRFIELDFAIRFIELD CITY COUNCILCONCURRENT MEETINGTUESDAY, SEPTEMBER 19, 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 Senior Pastor Joe Smith, Calvary Baptist ChurchPLEDGE OF ALLEGIANCECOUNCIL REPORTSCITY MANAGER REPORTCITY ATTORNEY REPORTCITY CLERK REPORTPRESENTATIONS1.Poem and Proclamation Declaring National Hispanic Heritage Month Presented by PoetLaureate Suzanne Bruce and Councilmember Doriss PanduroContact:Karen Rees, (707) 428 7767a2.Proclamation Declaring Constitution Week Presented by Councilmember Scott TonnesenContact:Karen Rees, (707) 428 7767a3.Celebrating Tular Williams' 100th Birthday Presented by Vice Mayor Pam BertaniContact:Karen Rees, (707) 428 7767aPUBLIC COMMENTS PUBLIC COMMENTSPersons wishing to address the City Council on subjects not on the agenda but within the jurisdictionof the council may do so at this time. The council cannot discuss or take action on matters not on theagenda for this meeting, but councilmembers may briefly respond to statements made or questionsraised by the public, ask for clarification from staff, refer the matter to staff, request staff to report backto the council at a subsequent meeting, or place the matter on a future agenda. To speak on anagenda item please use the “raise your hand” feature or press *9 on your phone. Speakers arelimited to three minutes per item.CONVENE MEETING OF THE HOUSING AUTHORITYThe holding of a joint meeting of the City Council and Housing Authority entitles thecouncilmembers to receive additional compensation of $35 for attending this joint meeting.ROLL CALLCommissioner Doug CarrCommissioner Doriss PanduroCommissioner Scott TonnesenCommissioner Rick VaccaroCommissioner K. Patrice Williams Vice Chair Pam BertaniChair Catherine "Cat" MoyHOUSING AUTHORITY CONSENT CALENDARHOUSING AUTHORITY CONSENT CALENDAR NOTICEAll matters listed on the Consent Calendar are to be approved with one motion unless a member ofthe Authority or the public requests that separate action be taken on a specific item.4.Resolution HA202307 of the Fairfield Housing Authority Approving the Grant Deed ofEasement Between the Fairfield Housing Authority and the City of Fairfield for an Easement onthe Highway 12 Property, More Commonly Known as Assessor Parcel Number 0032010240Recommended ActionAdopt resolution.Funding SourceN/AContact:LaTanna Jones, (707) 4287647aRECONVENE 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.Resolution 2023234 of the City Council of the City of Fairfield Approving the Purchase of aData Security and Classification Tool from Presidio Networked Solutions Group, LLCRecommended ActionAdopt resolution. Funding Source$420,000; Computer Fund Cyber Resilience Plan Project CITCRP0001Contact:Eudora Fleischman, (707) 4287527a6.Resolution 2023235 of the City Council of the City of Fairfield Authorizing the City Manager toExecute a Professional Services Agreement Between the City of Fairfield and the GumshoeGroupfor PreEmployment Background InvestigationsRecommended ActionAdopt resolution.Funding Source$100,000; General FundContact:Dan Marshall, (707) 4287313a7.Resolution 2023236 of the City Council of the City of Fairfield Approving the Fourth Amendmentto Lease Between the City of Fairfield and GTE Mobilnet of California Limited Partnership forthe Cellular Site Located off of Cordelia Road, Fairfield, More Commonly Known as APN 0044240060Recommended ActionAdopt resolution.Funding SourceN/AContact:Dwayne Dalman, (707) 4287649a8.Resolution 2023237 of the City Council of the City of Fairfield Approving the Conversion of theFire Inspector I Position to Fire Inspector IIRecommended ActionAdopt resolution.Funding SourceN/AContact:John Sturdee, (707) 4367228a9.Resolution 2023238 of the City Council of the City of Fairfield Authorizing the City Manager toExecute Future Amendments to the Consultant Services Agreement Between the City ofFairfield and Interwest Consulting Group, Inc. up to $100,000; and Authorizing the City Managerto Execute a Second Amendment to the Consultant Services Agreement Between the City ofFairfield and Interwest Consulting Group, Inc. to Provide Continued Contract Planner ServicesRecommended ActionAdopt resolution.Funding Source$40,000; General FundContact:Meily Sheehan, (707) 4287474a10.Resolution 2023239 of the City Council of the City of Fairfield Approving Conveyance of anEasement to Pacific Gas and Electric Company within a CityOwned Parking Lot andAuthorizing the City Manager to Execute an Easement DeedRecommended ActionAdopt resolution.Funding SourceN/AContact:Trisha Curran, (707) 4287471a11.Resolution 2023240 of the City Council of the City of Fairfield Authorizing the City Manager toTerminate Reimbursement Agreement No. 49 Associated with Assessor's Parcel Number(APN) 0037060480 and 0037030210 to Reimburse the City for the Completion of PublicImprovements Along Sunset AvenueRecommended ActionAdopt resolution.Funding SourceN/AContact:Alvin Lei, (707) 4287476a12.Resolution 2023241 of the City Council of the City of Fairfield Approving the Plans andSpecifications and Awarding a Contract to Mike Brown Electric Co. for the Lee BellNeighborhood Park Sports Field Lighting ImprovementsRecommended ActionAdopt resolution.Funding Source$757,108; Parks Capital FundContact:David Vong, (707) 4287784a13.Resolution 2023242 of the City Council of the City of Fairfield Authorizing the City Manager toExecute Fiscal Year 2023 Edward Byrne Memorial Justice Assistance Grant Program LocalSolicitationRecommended ActionAdopt resolution.Funding Source$163,562; Special Programs FundContact:Dan Marshall, (707) 4287374a14.Resolution 2023243 of the City Council of the City of Fairfield Authorizing the City Manager toApprove Payment to DXP Enterprises, Inc. for the North Bay Regional Water Treatment PlantHigh Lift and Backwash Pump RepairRecommended ActionAdopt resolution.Funding Source$114,828; NBR Capital FundContact:Michael J. Hether, (707) 4287493a15.Second Reading and Adoption of Ordinance 202310 of the City Council of the City of FairfieldAmending Chapter 25, Article I, Section 25.12.3 of the Fairfield City Code, also Known as theCity of Fairfield Zoning Map, Rezoning One Parcel at 4840 Business Center Drive (APN: 0148540350) from Industrial Business Park – North Cordelia Overlay (IBP – NC) District toResidential, Very High Density – North Cordelia Overlay (RVH – NC) DistrictRecommended ActionProvide second reading and adopt Ordinance 202310.Funding SourceN/AContact:Jonathan Atkinson, (707) 4287387aNEW BUSINESS16.Investment Grade Audit (IGA) Update for City of Fairfield Sites for Energy ConservationRecommended ActionReceive report.Funding SourceN/AContact:Marisa Cumpian, (707) 4287494a17.Resolution 2023244 of the City Council of the City of Fairfield Authorizing the City Manager toExecute a Professional Service Agreement with Gates + Associates Landscape Architects toProvide Design Services for the Heart of Fairfield Downtown Revitalization Project andAuthorizing an Update to the Fiscal Year 20232024 BudgetRecommended ActionAdopt resolution.Funding Source$1,500,000; Intergovernmental Loan Funds $505,725; Tree Mitigation Fund $60,000; AB1600Urban Design and Art FundContact:Dwayne Dalman, (707) 4287649 and David Vong, (707) 4287784a18.City Council Discussion and Direction Related to the Landscaping and Lighting MaintenanceDistricts that Failed the June 2023 Proposition 218 VoteRecommended ActionReceive report, open discussion, and provide direction to staff.Funding SourceN/AContact:David Gassaway, (707) 4287400aPUBLIC HEARINGS19.Public Hearing; andResolution 2023245 of the City Council of the City of Fairfield Adopting an Amendment to theTrain Station Specific Plan (Sp2023001)Recommended ActionHold public hearing and adopt resolution.Funding SourceN/AContact:David Feinstein, (707) 4287448a20.Public Hearing; and Resolution 2023246 of the City Council of the City of Fairfield Annexing Territory (BrightonPlace) to Community Facilities District No. 20122 (Public Safety Services, Open SpaceOperation, and Park Maintenance) as Annexation No. 64, Authorizing the Levy of a Special TaxWithin the Annexed Territory, and Submitting the Levy of a Special Tax to the Qualified ElectorsThereof; and Resolution 2023247 of the City Council of the City of Fairfield Declaring the Results of aSpecial Annexation Election in Territory Annexed to Community Facilities District No. 20122(Public Safety Services, Open Space Operation, and Park Maintenance), Determining theValidity of Prior Proceedings, and Directing Recording of Amended Notice of Special Tax Lienfor City of Fairfield Community Facilities District No. 20122 (Public Safety Services, OpenSpace Operation, and Park Maintenance) Annexation No. 64 (Brighton Place)Recommended ActionHold public hearing and adopt resolutions.Funding SourceN/AContact:Chris Lewis, (707) 4287089a21.Public Hearing and;Resolution 2023248 of the City Council of the City of Fairfield Approving the Submission of theFiscal Year 20222023 Community Development Block Grant (CDBG) Program ConsolidatedAnnual Performance Evaluation Report (CAPER) to the U.S. Department of Housing and UrbanDevelopment (HUD) and Authorizing the City Manager to Execute Any Agreements orDocuments Requested by HUDRecommended ActionHold public hearing and adopt resolution.Funding Source N/A
Contact:LaTanya Terrones, (707) 4287454
a
ADJOURN TO TUESDAY, OCTOBER 3, 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, Kelly Ballard, 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 Thursday, September 14, 2023.

Packet Page 7 of 294

Agenda Item No: 4.

AGENDA REPORT
DATE:September 19, 2023
TO:Fairfield Housing Authority Chair and Commissioners
FROM:David Gassaway, Executive Director
SUBJECT:Resolution HA202307 of the Fairfield Housing Authority Approving the Grant Deed of Easement Between the Fairfield Housing Authority and the City of Fairfield for an Easement on the Highway 12 Property, More Commonly Known as Assessor Parcel Number 0032010240
RECOMMENDED ACTION
Adopt resolution.

STATEMENT OF ISSUE
The City of Fairfield (City) currently has a sign installed and maintained on the Fairfield Housing Authority (FHA) owned property located off of Highway 12, more commonly known as APN 0032010 240 (the Property). The sign advertises events and activities in the Heart of Fairfield Plan Area (Downtown). The City wishes to obtain an easement for the sign from the FHA.

DISCUSSION
In 2021, the City took over ownership and management of the sign located on the Property. The sign was previously managed and maintained by the Fairfield Main Street Association, which dissolved in 2021. Since then, the sign has been remodeled to match the new Heart of Fairfield marketing designs.

Currently, it houses advertising space for the Downtown Theater, Parks & Recreations Department, Visit Fairfield, and the Economic Development Division. The sign continues to advertise events and activities scheduled in Downtown, such as the Farmers Market, Tomato and Vine, Restaurant Week, and Independence Day Parade.

The City and FHA have determined that this sign provides a public benefit to the residents of Fairfield, and both parties want to ensure the viability of the sign’s location by signing and recording a Grant Deed of Easement (the Easement).

The FHA is in the process of marking the Property for sale and development, and the proposed Easement will ensure that the sign location will be able to remain in place after any such sale.

The FHA and the City have determined that the Easement will not diminish the overall value or developability of the Property. The FHA and City both wish to enter into the proposed Easement.

Packet Page 8 of 294

Agenda Item No: 4.AGENDA REPORTDATE:September 19, 2023 TO:Fairfield Housing Authority Chair and CommissionersFROM:David Gassaway, Executive DirectorSUBJECT:Resolution HA202307 of the Fairfield Housing Authority Approving the Grant Deed ofEasement Between the Fairfield Housing Authority and the City of Fairfield for anEasement on the Highway 12 Property, More Commonly Known as Assessor ParcelNumber 0032010240RECOMMENDED ACTIONAdopt resolution.STATEMENT OF ISSUEThe City of Fairfield (City) currently has a sign installed and maintained on the Fairfield HousingAuthority (FHA) owned property located off of Highway 12, more commonly known as APN 0032010240 (the Property). The sign advertises events and activities in the Heart of Fairfield Plan Area(Downtown). The City wishes to obtain an easement for the sign from the FHA. DISCUSSIONIn 2021, the City took over ownership and management of the sign located on the Property. The signwas previously managed and maintained by the Fairfield Main Street Association, which dissolved in2021. Since then, the sign has been remodeled to match the new Heart of Fairfield marketing designs.Currently, it houses advertising space for the Downtown Theater, Parks & Recreations Department,Visit Fairfield, and the Economic Development Division. The sign continues to advertise events andactivities scheduled in Downtown, such as the Farmers Market, Tomato and Vine, Restaurant Week,and Independence Day Parade. The City and FHA have determined that this sign provides a public benefit to the residents of Fairfield,and both parties want to ensure the viability of the sign’s location by signing and recording a GrantDeed of Easement (the Easement).The FHA is in the process of marking the Property for sale and development, and the proposedEasement will ensure that the sign location will be able to remain in place after any such sale.

The FHA and the City have determined that the Easement will not diminish the overall value or developability of the Property. The FHA and City both wish to enter into the proposed Easement.

FINANCIAL IMPACT
There will be no financial impact to the FHA or the City to enter into or record the proposed Grant Deed of Easement.

PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
N/A
ALTERNATIVE ACTION
The Fairfield Housing Authority may choose not to approve the Grant Deed of Easement, but this may require removing the sign should the Property ever be sold or developed.

STAFF CONTACT
LaTanna Jones, Director of Housing Services
(707) 4287647
[email protected]
COORDINATED WITH
City Attorney's Office, Community Development Department, Public Works Department ATTACHMENTS:

Description
Proposed Resolution
Proposed Easement Agreement
REVIEWERS:

Reviewer Action Date
Beavers, Esther Approved 9/6/2023 8:31 AM
Packet Page 9 of 294

FAIRFIELD HOUSING AUTHORITY

RESOLUTION NO. HA2023-07

RESOLUTION OF THE FAIRFIELD HOUSING AUTHORITY APPROVING THE GRANT DEED OF

EASEMENT BETWEEN THE FAIRFIELD HOUSING AUTHORITY AND THE CITY OF FAIRFIELD FOR AN EASEMENT ON THE HIGHWAY 12 PROPERTY, MORE COMMONLY KNOWN AS ASSESSOR PARCEL NUMBER 0032-010-240

WHEREAS, the Fairfield Housing Authority is the owner of the property located off Highway 12, more commonly known as APN 0032-010-240 (the Property); and

WHEREAS, the City of Fairfield owns and operates a billboard sign located on the Property for advertising events happening in the Heart of Fairfield; and

WHEREAS, the City of Fairfield wishes to obtain an easement for the sign to ensure its continued use should the Fairfield Housing Authority ever sell or develop the Property; and

WHEREAS, the Fairfield Housing Authority wishes to grant an easement to the City of Fairfield for the continued use of the sign.

NOW, THEREFORE, THE FAIRFIELD HOUSING AUTHORITY HEREBY RESOLVES:

Section 1. The Fairfield Housing Authority hereby approves and authorizes the execution of the Grant Deed of Easement by and between the Fairfield Housing Authority and the City of Fairfield in the form and content presented, with such changes as may be approved by the City At torney.

Section 2. The Executive Director is authorized to do all things necessary and proper to implement said Grant Deed of Easement.

PASSED AND ADOPTED this 19th day of September, 2023, by the following vote:

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

NOES: COMMISSIONERS:

ABSENT: COMMISSIONERS:

ABSTAIN: COMMISSIONERS:

CHAIR

ATTEST:

____________________________

SECRETARY
Packet Page 10 of 294Attachment 1 Page 1 of 1

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RECORDING REQUESTED BY:

City of Fairfield
1000 Webster Street
Fairfield, CA 94522
Attn:

APN: 0032-010-240

SPACE ABOVE THIS LINE FOR RECORDER’S USE ONLY
This Document is recorded for the benefit of the City of Fairfield and is exempt from recording fees pursuant to Sections 6103, 27383 and 27388.1 of the California Government Code.

EASEMENT AGREEMENT [MONUMENT SIGN]
THIS EASEMENT AGREEMENT [MONUMENT SIGN] (“Agreement”) is made as of __________________, 2023 (“Effective Date”) by and between the Fairfield Housing Authority, a public body (“Authority”) and the City of Fairfield (“City”), a California municipal corporation.

RECITALS
A. Authority is the owner of that certain land legally described on Exhibit “A” attached hereto and made a part hereof, and depicted on Exhibit “B” attached hereto and made a part hereof, (the “Easement Area”).

B. The City is the owner of that certain monument sign presently located on the Easement Area (the “Monument Sign”) and the City wishes to obtain and the Authority wishes to grant to and for the benefit of the City, in perpetuity, a monument sign easement over, across and upon the Easement Area, for the purposes of operating, maintaining, repairing, reconstructing, replacing and renewing the Monument Sign, upon and subject to the conditions and limitations herein contained.

NOW, THEREFORE, in consideration of the mutual covenants and agreements hereinafter set forth and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Authority and City hereby agree as follows:

1. Easement Grant. Subject to the conditions and limitations herein contained, Authority hereby grants to City a non-exclusive easement over, across, and upon the Easement Area for the purposes of operating, maintaining, repairing, reconstructing, replacing, removing, and renewing the Monument Sign, together with the right of access to the Easement Area and areas immediately adjacent thereto as may be reasonably and temporarily necessary for such purposes.

2. Exercise of Easement Rights. City shall pay all costs and expenses of any nature whatsoever relating to the exercise of the easement rights granted herein. City and its contractors and subcontractors shall be solely responsible for the transportation, safekeeping and storage of materials and equipment used in the exercise of the easement rights granted herein, for the removal Packet Page 11 of 294Attachment 2 Page 1 of 9

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of waste and debris resulting therefrom, and for the prompt repair of any damage caused by City, it’s contractors and subcontractors, to the Easement Area or the property. Except in the event of an emergency, the exercise of the easement rights granted herein shall be performed in such a manner and at times so as not to interfere with any tenant or occupant of the property or with work being done at the property or with any business being conducted on the property. In the event the exercise of the easement rights granted herein detrimentally affects the condition of the Easement Area or the property or any part thereof, City shall promptly restore the Easement Area or the property or any part thereof to its original condition.

3. Compliance with Laws; Maintenance. City shall maintain the Monument Sign and the Easement Area in good order, condition and repair, in compliance with all applicable laws and regulations, and otherwise in a manner consistent with other public improvements of City.

If City fails to perform maintenance or repairs as required herein, and such failure continues for a period of thirty (30) days following written notice from Authority, the Authority shall have the right to perform any such maintenance or repairs and all costs and expenses incurred by Authority in connection therewith shall be due from City to Authority upon demand.

4. Mechanics’ Liens. In the exercise of the easement rights granted herein, City shall not permit or suffer any mechanics’ liens claims to be filed or otherwise asserted against the Easement Area or the property, and shall promptly discharge the same in case of the filing of any claims for liens or proceedings for the enforcement thereof.

5. Duration. The easement, covenants, conditions and restrictions contained herein shall be perpetual and shall create mutual benefits and covenants running with the land, and shall be binding upon and inure to the benefit of City and Authority and their respective successors and assigns; provided, however, if City ceases to use, maintain and/or repair the Monument Sign or the Easement Area, then City shall remove the Monument Sign from the Easement Area at its sole cost and within a reasonable time thereafter, and this Agreement shall terminate, without further act of the parties. Under said circumstances, City shall execute such documents as Authority may reasonably require to evidence such termination.

6. Indemnification. City agrees to defend, indemnify and hold harmless Authority from and against all claims, damages, liabilities and expenses (including reasonable attorneys’ fees, court costs and expenses) which are incurred by Authority in connection with loss of life, personal injury and/or property damage arising from exercise of the easement rights granted herein, except to the extent caused by the negligence of Authority. Authority shall tender defense of any matter subject to the foregoing indemnity to City in sufficient time to avoid prejudice, for handling by counsel selected by City and reasonably acceptable to Authority.

7. Rights Reserved. Authority reserves and shall continue to enjoy the use of the property for any purpose which does not materially interfere with or prevent the use by City of the easement herein granted, including the right to locate and relocate buildings, driveways, parking areas and other improvements to be located upon the property.

8. Relocation of Easements. Authority reserves the right at any time and from time to time to relocate all or a portion of the easement granted by Authority, provided that Authority has Packet Page 12 of 294Attachment 2 Page 2 of 9

-3-
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obtained the prior written consent of City, which consent shall not be unreasonably withheld, delayed or conditioned, so long as (i) the easement so relocated will be of substantially equivalent usefulness to City for the purposes stated in this Agreement, (ii) all costs incurred to effect such relocation shall be paid by Authority, and (iii) Authority shall provide to City prior written notice of the commencement of any such relocation.

9. Entire Agreement. This Agreement may not be amended or modified in any respect whatsoever except by an instrument in writing signed by all parties to this Agreement, which is recorded in the official records of Solano County, California. This Agreement constitutes the entire agreement between the parties with respect to the matters set forth herein and supersedes all prior negotiations, discussions, writings and agreements between them in connection therewith.

10. Governing Law. This Agreement shall be governed and construed in accordance with the laws of the State of California.

11. Partial Invalidity. Should any one or more of the provisions of this Agreement be determined to be invalid, unlawful or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions hereof shall not in any way be affected or impaired thereby unless as a result the purpose and intent of this Agreement shall thereby be substantially and essentially impaired. In such event, the parties shall diligently proceed to revise this Agreement in order to rememorialize such purpose and intent.

12. Attorneys’ Fees. In the event of any controversy, claim or dispute relating to this Agreement, the prevailing party in a non-appealable judicial resolution of such controversy, claim or dispute shall be entitled to recover from the other party reasonable expenses, including attorneys’ fees and costs.

13. Notices. Any notice required or permitted to be given by any party upon the other shall be given by certified mail, return receipt requested, by nationally recognized overnight courier, or by personal delivery addressed as follows:

If to City: City of Fairfield
1000 Webster Street
Fairfield, CA 94533
Attn: City Manager
with a copy to: Richards, Watson & Gershon
One Sansome Street, Suite 2850
San Francisco, CA 94104
Attn: David Lim
If to Authority: Fairfield Housing Authority
1000 Webster Street
Fairfield, CA 94533
Attn: Executive Director
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All notices shall be deemed given three (3) business days following deposit in the United States mail with respect to certified or registered letters, one (1) business day following deposit if delivered to an overnight courier guaranteeing next day delivery and on the same day if sent by personal delivery. Attorneys for each party shall be authorized to give notices for each such party.

Any party may change its address for the service of notice by giving written notice of such change to the other party, in any manner above specified.

14. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.

15. Miscellaneous. In the event that any property subject to this Agreement is subdivided after the date hereof, the benefits and burdens created hereby shall benefit and be binding upon any tract(s) created by such subdivision, and all references herein to any such property shall mean and refer to the tract(s) created by such subdivision, and all rights and obligations of the owner of such property shall be deemed to be the rights and obligations of the owner(s) of any tract(s) crated by such subdivision. Whenever a transfer occurs in the ownership of the Easement Area or part thereof, the transferor shall have no further liability for a breach of covenant occurring thereafter as to such land or easement which has been transferred.

[Remainder of this page intentionally left blank]
[Signatures appear on next page]

Packet Page 14 of 294Attachment 2 Page 4 of 9

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IN WITNESS WHEREOF, Authority and City have caused this Agreement to be executed as of the Effective Date.

CITY:

City of Fairfield,
a California municipal corporation
By:

Name: David Gassaway
Title: City Manager
AUTHORITY:

Fairfield Housing Authority,
a public body
By:

Name: David Gassaway
Title: Executive Director

ATTEST:

By:

Karen L. Rees, City Clerk
ATTEST:

By:

Karen L. Rees, Secretary

Packet Page 15 of 294Attachment 2 Page 5 of 9

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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California )
County of Solano )
On _________________________, before me, ,
(insert name and title of the officer)
Notary Public, personally appeared ,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

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

WITNESS my hand and official seal.

Signature (Seal)

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

WITNESS my hand and official seal.

Signature (Seal)

Packet Page 17 of 294Attachment 2 Page 7 of 9

A-1-
11245-0001\2851526v1.doc
EXHIBIT “A”

LEGAL DESCRIPTION OF THE PROPERTY
The land described herein is situated in the State of California, County of Solano, City of Fairfield, described as follows:

ALL THAT PROPERTY BEING A PORTION OF THAT CERTAIN 286.30 ACRE FIELD DESCRIBED AS THE "LENNON FIELD" IN THE DEED RECORDED IN THE OFFICIAL RECORDS OF SOLANO COUNTY, CALIFORNIA IN BOOK 95 AT PAGE 424, MORE PARTICULARLY DESCRIBED AS FOLLOWS:

COMMENCING AT A POINT, SAID POINT BEING THE SOUTHEAST CORNER OF LOT 251 AS SHOWN AND SO DESIGNATED ON THAT CERTAIN FINAL MAP ENTITLED "VINEYARDS UNIT NO. 3" ON THE SUBDIVISION MAP RECORDED IN THE OFFICE OF THE RECORDER OF SOLANO COUNTY, CALIFORNIA IN BOOK 40 OF SUBDIVISIONS AT PAGE 95, SAID POINT ALSO BEING THE NORTHWEST CORNER OF THAT CERTAIN

PARCEL OF LAND AS DESCRIBED IN THE DEED RECORDED IN THE OFFICIAL RECORDS OF SOLANO COUNTY, CALIFORNIA IN BOOK 1980 AT PAGE 66611; THENCE ALONG THE NORTHERLY BOUNDARY OF SAID PARCEL (1980 ‘ OR 66611), NORTH 79" 51’ 12" EAST, 702.70 FEET TO A POINT, SAID POINT BEING THE POINT OF BEGINNING; THENCE SOUTH 01 DEGREES 02' 22" WEST, 210.20 FEET; THENCE NORTH 87 DEGREES 39' 15" EAST, 1237.98 FEET TO A CURVE CONCAVE TO THE NORTH HAVING A RADIUS OF 7720.00 FEET; THENCE EASTERLY ALONG SAID CURVE 796.56 FEET THROUGH A CENTRAL ANGLE OF 05 DEGREES 54' 40"; THENCE NORTH 81 DEGREES 44' 35" EAST, 857.89 FEET; THENCE NORTH 51 DEGREES 54' 31" EAST, 135.99 FEET TO A POINT, SAID POINT LIES ON THE WESTERLY BOUNDARY OF PENNSYLVANIA AVENUE (ALSO KNOWN AS COUNTY ROAD NO. 116), THENCE ALONG SAID WESTERLY BOUNDARY OF PENNSYLVANIA AVENUE, NORTH 06 DEGREES 36' 56" EAST 424.06 FEET, TO A POINT, 1 SAID POINT BEING THE

NORTHEAST CORNER OF THAT CERTAIN PARCEL OF LAND AS DESCR IBED IN THE

DEED RECORDED IN THE OFFICIAL RECORDS OF SOLANO COUNTY, CALIFORNIA IN BOOK 1981 AT PAGE 18815; THENCE ALONG THE NORTHERLY BOUNDARY OF SAID PARCEL (1981 OR 18815) SOUTH 79 DEGREES 51' 12" WEST, 3078.85 FEET TO THE POINT OF BEGINNING.

APN: 0032-010-240
Packet Page 18 of 294Attachment 2 Page 8 of 9

B-1-
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EXHIBIT “B”

Packet Page 19 of 294Attachment 2 Page 9 of 9

Agenda Item No: 5.

AGENDA REPORT
DATE:September 19, 2023
TO:Mayor and City Council
FROM:David Gassaway, City Manager
SUBJECT:Resolution 2023234 of the City Council of the City of Fairfield Approving the Purchase of a Data Security and Classification Tool from Presidio Networked Solutions Group, LLC
RECOMMENDED ACTION
Adopt resolution.

STATEMENT OF ISSUE
The City of Fairfield Information Technology Department (IT) is recommending the purchase of a data classification and security tool from Presidio Networked Solutions Group, LLC to support the Data Classification project which is in support of the Cybersecurity Resilience Plan (CRP). The project will automate identifying, classifying, and protecting City wide data.

DISCUSSION
In 2022, the City of Fairfield IT Department conducted multiple security assessments across City systems, data, and architecture that resulted in a 5year roadmap for cyber security initiatives. The CRP identified a list of technology initiatives, cybersecurity and data governance needs, training needs, and policies and procedures documentation to be implemented. The Data Classification project was identified as high priority project that will address data governance, data security in support of the CRP and data classification program across the City to reduce risk to sensitive data that has audit and legal compliances from the Federal and State levels. The project will automate identifying, classifying, and protecting City wide data.

The Data Classification project aligns with the Council goal of Organizational Excellence and Objective “Develop strong and effective systems and processes.”
FINANCIAL IMPACT
The City will be purchasing from The Interlocal Purchasing System (TIPS) Networking Equipment, Software and Services Agreement prenegotiated contract #21050301 in the amount of $420,000 which includes initial software purchase, implementation services, three years of support and Packet Page 20 of 294

Agenda Item No: 5.AGENDA REPORTDATE:September 19, 2023 TO:Mayor and City CouncilFROM:David Gassaway, City ManagerSUBJECT:Resolution 2023234 of the City Council of the City of Fairfield Approving the Purchaseof a Data Security and Classification Tool from Presidio Networked Solutions Group,LLCRECOMMENDED ACTIONAdopt resolution. STATEMENT OF ISSUEThe City of Fairfield Information Technology Department (IT) is recommending the purchase of a dataclassification and security tool from Presidio Networked Solutions Group, LLC to support the DataClassification project which is in support of the Cybersecurity Resilience Plan (CRP). The project willautomate identifying, classifying, and protecting City wide data.DISCUSSIONIn 2022, the City of Fairfield IT Department conducted multiple security assessments across Citysystems, data, and architecture that resulted in a 5year roadmap for cyber security initiatives. The CRPidentified a list of technology initiatives, cybersecurity and data governance needs, training needs, andpolicies and procedures documentation to be implemented. The Data Classification project wasidentified as high priority project that will address data governance, data security in support of the CRPand data classification program across the City to reduce risk to sensitive data that has audit and legalcompliances from the Federal and State levels. The project will automate identifying, classifying, andprotecting City wide data.The Data Classification project aligns with the Council goal of Organizational Excellence and Objective“Develop strong and effective systems and processes.”FINANCIAL IMPACT The City will be purchasing from The Interlocal Purchasing System (TIPS) Networking Equipment, Software and Services Agreement prenegotiated contract #21050301 in the amount of $420,000 which includes initial software purchase, implementation services, three years of support and subscription costs and contingency with an authorization for renewal of ongoing hardware and software support for up to two additional 3year terms subject to budget appropriation. 1st year – Software, Implementation Services and Training $153,608 2nd year – Maintenance and Support $131,880
3rd year Maintenance and Support $131,880
Contingency $2,636
Ongoing subscription and support costs in the future are estimated at $131,880 + 5% increase per year. Funds are budgeted in FUND 522 Cyber Resilience Plan Project (CITCRP0001) for initial and ongoing costs.

PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
N/A
ALTERNATIVE ACTION
Council may choose not to fund this project from the Cyber Resilience Plan. Not funding the purchase of this data classification tool would limit the ability for IT to find, manage, track, and have visibility of all the data types created by City staff that also have legal and audit requirements.

STAFF CONTACT
Eudora Fleischman, IT Infrastructure and Security Manager (707) 4287527
[email protected]
COORDINATED WITH
N/A
ATTACHMENTS:

Description
Proposed Resolution
Proposed Quote
REVIEWERS:

Reviewer Action Date
Chaudhary, Savita Approved 9/5/2023 2:20 PM
Beavers, Esther Approved 9/5/2023 6:16 PM
Beavers, Esther Approved 9/5/2023 6:16 PM
Packet Page 21 of 294

CITY OF FAIRFIELD

RESOLUTION NO. 2023-234

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

A DATA SECURITY AND CLASSIFICATION TOOL FROM PRESIDIO NETWORKED SOLUTIONS

GROUP, LLC

WHEREAS, the City is required to implement a data security and classification program to meet audit and regulatory compliance, and the City requires a data classification and security tool for data management; and

WHEREAS, the contract contains an information security record that would reveal vulnerabilities to, or otherwise increase the potential for an attack on, an information technology system of the City of Fairfield (Government Code 7929.210); and

WHEREAS, the City Information Technology Infrastructure and Security Division proposes to purchase a data classification and security tool with ongoing subscription and support from Presidio Networked Solutions Group, LLC from the Cybersecurity Fund (CITCRP0001) to cover the purchase and taxes not to exceed $420,000.

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

Section 1. The City Council authorizes the purchase of the data security and classification tool not to exceed $420,000 from the Computer Fund 522 (Cyber Resilience Plan Project CITCRP0001) to cover the purchase cost and taxes from Presidio Networked Solutions Group, LLC, which includes three years of subscription and support, with an authorization for renewal of the subscription and support for up to two additional three-year terms subject to budget appropriation.

Section 2. The council further authorizes the city manager or his designee to take all steps necessary to implement this resolution.

Packet Page 22 of 294Attachment 1 Page 1 of 2

RES. NO. 2023-234

Page 2 ends

PASSED AND ADOPTED this 19th day of September, 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 23 of 294Attachment 1 Page 2 of 2

2003222215428-04QUOTE:
08/07/2023DATE:

PAGE:1 of 2
FROM:Presidio Networked Solutions Group, LLC
Dan Ornelas
5000 Hopyard Rd
Suite 188
Pleasanton, CA 94588
[email protected]
(p) +1.415.501.9011
TO:City of Fairfield
Savita Chaudhary
1000 Webster Street
Fairfield, CA 94533
[email protected]
(p) 707-428 -7582
(f) (916) 650-0305
SHIP TO:City of Fairfield
Savita Chaudhary
1000 Webster Street
Fairfield, CA 94533
[email protected]
(p) 707-428 -7582
BILL TO:City of Fairfield
Accounts Payable
1000 Webster Street
Fairfield, CA 94533
[email protected]
(p) 707-428-7539
Megan Watkins
Dan Ornelas
Title:

Inside Sales Rep:

Account Manager:

Varonis 751 Users- 3YR
Contract Vehicle:TIPS Networking Equipment, Software and Services 21050301
Customer#:CITYF009
#Part #Description Unit Price Ext PriceQty
First Year
1 AE-751-1000OS Automation Engine OS 751.00 $11,445.24$15.24 2 DADS-1001-1500OS DatAdvantage for Directory Services On-prem subscription 1001.00 $18,708.69$18.69 3 DAAZ-751-1000OS DatAdvantage - Azure OS 751.00 $9,920.71$13.21 4 DLS-1001-1500OS DatAlert Suite On-prem subscription 1001.00 $18,708.69$18.69 5 DCL-751-1000OS Data Classification Labels Onprem subscription 751.00 $4,581.10$6.10 6 CL-1-5OS Collector OS 2.00 $5,669.90$2,834.95
7 SBM-751-1000OS The Microsoft 365 Silver Bundle includes DatAdvantage for Windows, DatAdvantage for OneDrive & SharePoint Online, Data Classification Framework for Windows & SharePoint, Data Classification Framework for OneDrive & SharePoint Online, and Data Classification Policy Pack 751.00 $62,843.68$83.68
Professional Services (Installation / Training)*
8 PS-1D 15 Professional Services Engagement (1 day)10 $21,729.70$2,172.97 $21,729.70Total (Professional Services (Installation / Training)*):
$153,607.71Total (First Year):

Second Year
9 AE-751-1000OS Automation Engine OS 751.00 $11,445.24$15.24 10 DADS-1001-1500OS DatAdvantage for Directory Services On-prem subscription 1001.00 $18,708.69$18.69 11 DAAZ-751-1000OS DatAdvantage - Azure OS 751.00 $9,920.71$13.21 12 DLS-1001-1500OS DatAlert Suite On-prem subscription 1001.00 $18,708.69$18.69 13 DCL-751-1000OS Data Classification Labels Onprem subscription 751.00 $4,581.10$6.10 14 CL-1-5OS Collector OS 2.00 $5,669.90$2,834.95
Packet Page 24 of 294Attachment 2 Page 1 of 50

2003222215428-04QUOTE:
08/07/2023DATE:

PAGE:2 of 2
15 SBM-751-1000OS The Microsoft 365 Silver Bundle includes DatAdvantage for Windows, DatAdvantage for OneDrive & SharePoint Online, Data Classification Framework for Windows & SharePoint, Data Classification Framework for OneDrive & SharePoint Online, and Data Classification Policy Pack 751.00 $62,843.68$83.68
$131,878.01Total (Second Year):

Third Year
16 AE-751-1000OS Automation Engine OS 751.00 $11,445.24$15.24 17 DADS-1001-1500OS DatAdvantage for Directory Services On-prem subscription 1001.00 $18,708.69$18.69 18 DAAZ-751-1000OS DatAdvantage - Azure OS 751.00 $9,920.71$13.21 19 DLS-1001-1500OS DatAlert Suite On-prem subscription 1001.00 $18,708.69$18.69 20 DCL-751-1000OS Data Classification Labels Onprem subscription 751.00 $4,581.10$6.10 21 CL-1-5OS Collector OS 2.00 $5,669.92$2,834.96
22 SBM-751-1000OS The Microsoft 365 Silver Bundle includes DatAdvantage for Windows, DatAdvantage for OneDrive & SharePoint Online, Data Classification Framework for Windows & SharePoint, Data Classification Framework for OneDrive & SharePoint Online, and Data Classification Policy Pack 751.00 $62,843.68$83.68
$131,878.03Total (Third Year):

Sub Total:$417,363.75
Grand Total:$417,363.75
This quote is governed by Terms and Conditions of Presiido's TIPS Contract Number 21050301 Quote valid for 30 days from date shown above.

Pursuant to this contract your PO must reflect the following: TIPS Contract Number 21050301 Tax ID# 58-1667655; Size Business: Large; CAGE Code 0KD05: DUNS#:15-4050959 Credit: Net 30 days (all credit terms subject to prior Presidio credit department approval) Delivery: FOB Terms Destination
Customer hereby authorizes and agrees to make timely payment for products delivered and services rendered, including payments for partial shipments
Customer Signature Date
Packet Page 25 of 294Attachment 2 Page 2 of 50

TIPS Vendor Agreement PART 1 ONLY Ver. 06022020_sr Page 1

TIPS VENDOR AGREEMENT
PART 1 ONLY
Between_____________ and
(Company Name)

THE INTERLOCAL PURCHASING SYSTEM (TIPS),
a Department of Texas Education Service Center Region 8 for TIPS RFP 210503 Networking Equipment, Software, and Services PART 1 ONLY General Information
The Vendor Agreement (“Agreement”) made and entered into by and between The Interlocal Purchasing System (hereinafter “TIPS”) a government cooperative purchasing program authorized by the Region 8 Education Service Center, having its principal place of business at 4845 US Hwy 271 North, Pittsburg, Texas 75686 and the TIPS Vendor. This Agreement consists of the provisions set forth below, including provisions of all attachments referenced herein. In the event of a conflict between the provisions set forth below and those contained in any attachment, the provisions set forth shall control unless otherwise agreed by the parties in writing and by signature and date on the attachment.

A Purchase Order (“PO”), Agreement or Contract is the TIPS Member’s approval providing the authority to proceed with the negotiated delivery order under the Agreement. Special terms and conditions as agreed between the Vendor and TIPS Member should be added as addendums to the Purchase Order, Agreement or Contract. Items such as certificate of insurance, bonding requirements, small or disadvantaged business goals are some, but not all, of the possible addendums.

Terms and Conditions
Freight
All quotes to Members shall provide a line item for cost for freight or shipping regardless if there is a charge or not. If no charge for freight or shipping, indicate by stating “No Charge”, “$0”, “included in price” or other similar indication. Otherwise, all shipping, freight or delivery changes shall be passed through to the TIPS Member at cost with no markup and said charges shall be agreed by the TIPS Member unless alternative shipping terms are agreed by TIPS as a result of the proposal award.

Warranty Conditions
All new supplies equipment and services shall include manufacturer's minimum standard warranty unless otherwise agreed to in writing. Vendor shall be legally permitted to sell all products offered for sale to TIPS Members if the offering is included in the Request for Proposal (“RFP”) category. All goods proposed and sold shall be new unless clearly stated in writing.

Customer Support
The Vendor shall provide timely and accurate customer support for orders to TIPS Members as agreed by the Parties. Vendors shall respond to such requests within a commercially reasonable time after receipt of WƌĞƐŝĚŝŽEĞƚǁŽƌŬĞĚ^ŽůƵƚŝŽŶƐ>>
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TIPS Vendor Agreement PART 1 ONLY Ver. 06022020_sr Page 2 the request. If support and/or training is a line item sold or packaged with a sale, support shall be as agreed with the TIPS Member.

Agreements
Agreements for purchase will normally be put into effect by means of a purchase order(s) executed by authorized agents of the TIPS Member participating government entities, but other means of placing an order may be used at the Member’s discretion.

Tax exempt status
Most TIPS Members are tax exempt and the related laws and/or regulations of the controlling jurisdiction(s) of the TIPS Member shall apply.

Assignments of Agreements
No assignment of this Agreement may be made without the prior notification of TIPS. Written approval of TIPS shall not be unreasonably withheld. Payment for delivered goods and services can only be made to the awarded Vendor, Vendor designated reseller or vendor assigned company.

Disclosures
x Vendor and TIPS affirm that he/she, or any authorized employees or agents, has not given, offered to give, nor intends to give at any time hereafter any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor or service to a public servant in connection with this Agreement.

x Vendor shall attach, in writing, a complete description of any and all relationships that might be considered a conflict of interest in doing business with the TIPS program.

x The Vendor affirms that, to the best of his/her knowledge, the offer has been arrived at independently, and is submitted without collusion with anyone to obtain information or gain any favoritism that would in any way limit competition or give an unfair advantage over other vendors in the award of this Agreement.

Term of Agreement and Renewals
The Agreement with TIPS is for approximately three (3) years with an option for renewal for an additional one (1) consecutive year. If TIPS offers the renewal extension yea r, the Vendor will be notified by email to the primary contact of the awarded Vendor and shall be deemed accepted by the Vendor unless the awarded Vendor notifies TIPS of its objection to the additional term. TIPS may or may not exercise the available extension(s) provided in the original solicitation beyond the base three-year term. Whether or not to offer the extension is at the sole discretion of TIPS.

“Start Date” for Term Calculation Purposes Only: Regardless of actual award/effective date of Contract, for Agreement “term” calculation purposes only, the Agreement “start date” is the last day of the month that Award Notifications are anticipated as published in the Solicitation Example: If the anticipated award date published in the Solicitation is May 22, 2020 but extended negotiations delay award until June 27, 2020 The end date of the resulting initial “three-year” term Agreement, (which is subject to an extension(s)) will still be May 31, 2023.

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TIPS Vendor Agreement PART 1 ONLY Ver. 06022020_sr Page 3 “Termination Date”: The scheduled Agreement “termination date” shall be the last day of the month of the month of the Original Solicitation’s Anticipated Award Date plus three years.

Example: If the original term is approximately three years, and the solicitation provides an anticipated award date of May 22, 2020, the expiration date of the original three -year term shall be May 31, 2023.

Extensions: Any extensions of the original term shall begin on the next day after the day the original term expires.

Example Following the Previous Example: If TIPS offers a one-year extension, the expiration of the extended term shall be May 31, 2024.

TIPS may offer to extend Vendor Agreements to the fullest extent the original Solicitation permits.

Automatic Renewal Clauses Incorporated in Awarded Vendor Agreements with TIPS Members Resulting from the Solicitation and with the Vendor Named in this Agreement.

No Agreement for goods or services with a TIPS Member by the awarded vendor named in this Agreement that results from the solicitation award named in this Agreement, may incorporate an automatic renewal clause that exceeds month to month terms with which the TIPS Member must comply. All renewal terms incorporated in an Agreement by the vendor with the TIPS Member shall only be valid and enforceable when the vendor receives written confirmation by purchase order, executed Agreement or other written instruction issued by the TIPS Member for any renewal period. The purpose of this clause is to avoid a TIPS Member inadvertently renewing an Agreement during a period in which the governing body of the TIPS Member has not properly appropriated and budgeted the funds to satisfy the Agreement renewal. This term is not negotiable and any Agreement between a TIPS Member and a TIPS awarded vendor with an automatic renewal clause that conflicts with these terms is rendered void and unenforceable.

Shipments
The Vendor shall ship, deliver or provide ordered products or services within a commercially reasonable time after the receipt of the order from the TIPS Member. If a delay in said delivery is anticipated, the Vendor shall notify TIPS Member as to why delivery is delayed and shall provide an estimated time for completion of the order. TIPS or the requesting entity may cancel the order if estimated delivery time is not acceptable or not as agreed by the parties.

Invoices
Each invoice or pay request shall include the TIPS Member’s purchase order number or other identifying designation as provided in the order by the TIPS Member. If applicable, the shipment tracking number or pertinent information for verification of TIPS Member receipt shall be made available upon request.

Payments
The TIPS Member will make payments directly to the Vendor, the Vendor Assigned Dealer or as agreed by the Vendor and the TIPS Member after receiving invoice and in compliance with applicable payment statute(s), whichever is the greater time or as otherwise provided by an agreement of the parties.

Pricing
Price increases will be honored according to the terms of the solicitation. All pricing submitted to TIPS shall include the participation fee, as provided in the solicitation, to be remitted to TIPS by the Vendor. Vendor will not show adding the fee to the invoice presented to TIPS Member customer.

Participation Fees and Reporting of Sales to TIPS by Vendor Packet Page 28 of 294Attachment 2 Page 5 of 50

TIPS Vendor Agreement PART 1 ONLY Ver. 06022020_sr Page 4 The Participation Fee that was published as part of the Solicitation and the fee published is the legally effective fee, along with any fee conditions stated in the Solicitation. Collection of the fees by TIPS is required under Texas Government Code §791.011 Et seq. Fees are due on all TIPS purchases reported by either Vendor or Member.

Fees are due to TIPS upon payment by the Member to the Vendor, Reseller or Vendor Assigned Dealer. Vendor, Reseller or Vendor Assigned Dealer agrees that the participation fee is due to TIPS for all Agreement sales immediately upon receipt of payment including partial payment, from the Member Entity and must be paid to TIPS at least on a monthly basis, specifically within 31 calendar days of receipt of payment, if not more frequently, or as otherwise agreed by TIPS in writing and signed by an authorized signatory of TIPS. Thus, when an awarded Vendor, Reseller or Vendor Assigned Dealer receives any amount of payment, even partial payment, for a TIPS sale, the legally effective fee for that amount is immediately due to TIPS from the Vendor and fees due to TIPS should be paid at least on a monthly basis, specifically within 31 calendar days of receipt of payment, if not more frequently.

Reporting of Sales to TIPS by Vendor
Vendor is required to report all sales under the TIPS contract to TIPS. When a public entity initiates a purchase with a TIPS Awarded Vendor, if the Member inquires verbally or in writing whether the Vendor holds a TIPS Contract, it is the duty of the Vendor to verify whether or not the Member is seeking a TIPS purchase. Once verified, the Vendor must include the TIPS Contract number on any communications and related sales documents exchanged with the TIPS Member entity. To report sales, the Vendor must login to the TIPS Vendor Portal online at https://www.tips-usa.com/vendors_form.cfm and click on the PO’s and Payments tab. Pages 3-7 of the Vendor Portal User Guide will walk you through the process of reporting sales to TIPS. Please refer to the TIPS Accounting FAQ’s for more information about reporting sales and if you have further questions, contact the Accounting Team at [email protected]. The Vendor or vendor assigned dealers are responsible for keeping record of all sales that go through the TIPS Agreement and submitting same to TIPS.

Failure to render the participation fee to TIPS shall constitute a breach of this agreement with our parent governmental entity, Texas Education Service Center Region 8, as established by the Texas legislature and shall be grounds for termination of this agreement and any other agreement held with TIPS and possible legal action. Any overpayment of participation fees to TIPS by a Vendor will be refunded to the Vendor within ninety (90) days of receipt of notification if TIPS receives written notification of the overpayment not later than the expiration of six (6) months from the date of overpayment and TIPS determines that the amount was not legally due to TIPS pursuant to this agreement and applicable law. It is the Vendor’s responsibility to identify which sales are TIPS Agreement sales and pay the correct participation fee due for TIPS Agreement sales. Any notification of overpayment received by TIPS after the expiration of six (6) months from the date of overpayment will be non-refundable. Region 8 ESC and TIPS reserve the right to extend the six (6) month deadline to notify if approved by the Region 8 ESC Board of Directors. TIPS reserves all rights under the law to collect the fees due. Please contact TIPS at [email protected] or call (866) 839-8477 if you have questions about paying fees.

Indemnity
The Vendor agrees to indemnify and hold harmless and defend TIPS, TIPS Member(s), officers and employees from and against all claims and suits by third parties for damages, injuries to persons (including death), property damages, losses, and expenses including court costs and reasonable attorney’s fees, arising out of, or resulting from, Vendor’s performance under this Agreement, including all such causes of action based upon common, constitutional, or statutory law, or based in whole or in part, upon allegations of negligent or intentional acts on the part of the Vendor, its officers, employees, agents, subcontractors, licensees, or invitees. Parties found liable shall pay their proportionate share of damages as agreed by the parties or as ordered by a court of competent jurisdiction over the case. NO LIMITATION OF LIABILITY FOR DAMAGES FOR PERSONAL INJURY OR PROPERTY DAMAGE ARE PERMITTED OR AGREED BY TIPS/ESC REGION 8. Per Packet Page 29 of 294Attachment 2 Page 6 of 50

TIPS Vendor Agreement PART 1 ONLY Ver. 06022020_sr Page 5 Texas Education Code §44.032(f), and pursuant to its requirements only, reasonable Attorney’s fees are recoverable by the prevailing party in any dispute resulting in litigation.

State of Texas Franchise Tax
By signature hereon, the Vendor hereby certifies that he/she is not currently delinquent in the payment of any franchise taxes owed the State of Texas under Chapter 171, Tax Code.

Miscellaneous
The Vendor acknowledges and agrees that continued participation in TIPS is subject to TIPS sole discretion and that any Vendor may be removed from the participation in the Program at any time with or without cause. Nothing in the Agreement or in any other communication between TIPS and the Vendor may be construed as a guarantee that TIPS or TIPS Members will submit any orders at any time. TIPS reserves the right to request additional proposals for items or services already on Agreement at any time.

Purchase Order Pricing/Product Deviation
If a deviation of pricing/product on a Purchase Order or contract modification occurs between the Vendor and the TIPS Member, TIPS must be notified within five (5) business days of receipt of change order.

Termination for Convenience of TIPS Agreement Only
TIPS reserves the right to terminate this agreement for cause or no cause for convenience with a thirty (30) days prior written notice. Termination for convenience is conditionally required under Federal Regulations 2 CFR part 200 if the customer is using federal funds for the procurement. All purchase orders presented to the Vendor, but not fulfilled by the Vendor, by a TIPS Member prior to the actual termination of this agreement shall be honored at the option of the TIPS Member. The awarded Vendor may terminate the agreement with ninety (90) days prior written notice to TIPS 4845 US Hwy North, Pittsburg, Texas 75686.

The vendor will be paid for goods and services delivered prior to the termination provided that the goods and services were delivered in accordance with the terms and conditions of the terminated agreement.

This termination clause does not affect the sales agreements ex ecuted by the Vendor and the TIPS Member customer pursuant to this agreement. TIPS Members may negotiate a termination for convenience clause that meets the needs of the transaction based on applicable factors, such as funding sources or other needs.

TIPS Member Purchasing Procedures
Usually, purchase orders or their equal are issued by participating TIPS Member to the awarded vendor and should indicate on the order that the purchase is per the applicable TIPS Agreement Number. Orders are typically emailed to TIPS at [email protected].
• Awarded Vendor delivers goods/services directly to the participating member. • Awarded Vendor invoices the participating TIPS Member directly. • Awarded Vendor receives payment directly from the participating member. • Fees are due to TIPS upon payment by the Member to the Vendor. Vendor agrees to pay the participation fee to TIPS for all Agreement sales upon receipt of payment including partial payment, from the Member Entity or as otherwise agreed by TIPS in writing and signed by an authorized signatory of TIPS.

Licenses
Awarded Vendor shall maintain, in current status, all federal, state and local licenses, bonds and permits required for the operation of the business conducted by awarded Vendor. Awarded Vendor shall remain reasonably fully informed of and in compliance with all ordinances and regulations pertaining to the lawful Packet Page 30 of 294Attachment 2 Page 7 of 50

TIPS Vendor Agreement PART 1 ONLY Ver. 06022020_sr Page 6 provision of goods or services under the Agreement. TIPS and TIPS Members reserves the right to stop work and/or cancel an order or terminate this or any other sales Agreement of any awarded Vendor whose license(s) required for performance under this Agreement have expired, lapsed, are suspended or terminated subject to a 30-day cure period unless prohibited by applicable statue or regulation.

Novation
If awarded Vendor sells or transfers all assets, rights or the entire portion of the assets or rights required to perform this Agreement, a successor in interest must guarantee to perform all obligations under this Agreement. A simple change of name agreement will not change the Agreement obligations of awarded vendor. TIPS will consider Contract Assignments on a case by case basis. TIPS must be notified within five (5) business days of the transfer of assets or rights.

Site Requirements (only when applicable to service or job) Cleanup: When performing work on site at a TIPS Member’s property, awarded Vendor shall clean up and remove all debris and rubbish resulting from their work as required or directed by TIPS Member or as agreed by the parties. Upon completion of work, the premises shall be left in good repair and an orderly, neat, clean and unobstructed condition.

Preparation: Awarded Vendor shall not begin a project for which TIPS Member has not prepared the site, unless awarded Vendor does the preparation work at no cost, or until TIPS Member includes the cost of site preparation in a purchase order. Site preparation includes, but is not limited to: moving furniture, installing wiring for networks or power, and similar pre-installation requirements.

Registered sex offender restrictions: For work to be performed at schools, awarded Vendor agrees that no employee of a subcontractor who has been adjudicated to be a registered sex offender will perform work at any time when students are, or reasonably expected to be, present unless otherwise agreed by the TIPS Member. Awarded Vendor agrees that a violation of this condition shall be considered a material breach and may result in the cancellation of the purchase order at the TIPS Member’s discretion. Awarded Vendor must identify any additional costs associated with compliance of this term. If no costs are specified, compliance with this term will be provided at no additional charge. Safety measures: Awarded Vendor shall take all reasonable precautions for the safety of employees on the worksite, and shall erect and properly maintain all necessary safeguards for protection of workers and the public. Awarded Vendor shall post warning signs against all hazards created by the operation and work in progress. Proper precautions shall be taken pursuant to state law and standard practices to protect workers, general public and existing structures from injury or damage.

Safety Measures
Awarded Vendor shall take all reasonable precautions for the safety of employees on the worksite, and shall erect and properly maintain all necessary safeguards for protection of workers and the public. Awarded vendor shall post warning signs against all hazards created by the operation and work in progress. Proper precautions shall be taken pursuant to state law and standard practices to protect workers, general public and existing structures from injury or damage.

Smoking
Persons working under Agreement shall adhere to the TIPS Member’s or local smoking statutes, codes or policies.

Marketing
Awarded Vendor agrees to allow TIPS to use their name and logo within TIPS website, marketing materials and advertisement subject to any reasonable restrictions provided to TIPS in the Proposal to the Packet Page 31 of 294Attachment 2 Page 8 of 50

TIPS Vendor Agreement PART 1 ONLY Ver. 06022020_sr Page 7 Solicitation. The Vendor may submit an acceptable use directive for Vendor’s names and logos with which TIPS agrees to comply. Any use of TIPS name and logo or any form of publicity, inclusive of press release, regarding this Agreement by awarded vendor must have prior approval from TIPS which will not be unreasonably withheld. Request may be made by email to [email protected].

Supplemental Agreements
The TIPS Member entity participating in the TIPS Agreement and awarded Vendor may enter into a separate Supplemental Agreement or contract to further define the level of service requirements over and above the minimum defined in this Agreement such as but not limited to, invoice requirements, ordering requirements, specialized delivery, etc. Any Supplemental Agreement or contract developed as a result of this Agreement is exclusively between the TIPS Member entity customer and the Vendor. TIPS, its agents, TIPS Members and employees not a party to the Supplemental Agre ement with the TIPS Member customer, shall not be made party to any claim for breach of such agreement unless named and agreed by the Party in question in writing in the agreement. If a Vendor submitting a Proposal requires TIPS and/or TIPS Member to sign an additional agreement, those agreements shall comply with the award made by TIPS to the Vendor. Supplemental Vendor’s Agreement documents may not become part of TIPS’ Agreement with Vendor unless and until an authorized representative of TIPS reviews and approves it. TIPS review and approval may be at any time during the life of this Vendor Agreement. TIPS permits TIPS Members to negotiate additional terms and conditions with the Vendor for the provision of goods or services under the Vendor’s TIPS Agreement so long as they do not materially conflict with this Agreement.

Survival Clause
All applicable sales, leases, Supplemental Agreements, contracts, software license agreements, warranties or service agreements that were entered into between Vendor and TIPS or the TIPS Member Customer under the terms and conditions of this Agreement shall survive the expiration or termination of this Agreement. All Orders, Purchase Orders issued or contracts executed by TIPS or a TIPS Member and accepted by the Vendor prior to the expiration or termination of this agreement, shall survive expiration or termination of the Agreement, subject to previously agreed terms and conditions agreed by the parties or as otherwise specified herein relating to termination of this agreement.

Legal obligations
It is the responding Vendor’s responsibility to be aware of and comply with all local, state and federal laws governing the sale of products/services identified in the applicable Solicitation that resulted in this Vendor Agreement and any awarded Agreement thereof. Applicable laws and regulations must be followed even if not specifically identified herein.

Audit rights
Due to transparency statutes and public accountability requirements of TIPS and TIPS Members’, the awarded Vendor shall, at their sole expense, maintain appropriate due diligence of all purchases made by TIPS Member that utilizes this Agreement. TIPS and Region 8 ESC each reserve the right to audit the accounting of TIPS related purchases for a period of three (3) years from the time such purchases are made.

This audit right shall survive termination of this Agreement for a period of one (1) year from the effective date of termination. In order to ensure and confirm compliance with this agreement, TIPS shall have authority to conduct audits of Awarded Vendor’s pricing or TIPS transaction documentation with TIPS Members with 30 days’ notice unless the audit is ordered by a Court Order or by a Government Agency with authority to do so without notice. Notwithstanding the foregoing, in the event that TIPS is made aware of any pricing being offered to eligible entities that is materially inconsistent with the pricing under this agreement, TIPS shall have the ability to conduct the audit internally or may engage a third- party auditing Packet Page 32 of 294Attachment 2 Page 9 of 50

TIPS Vendor Agreement PART 1 ONLY Ver. 06022020_sr Page 8 firm to investigate any possible non- compliant conduct or may terminate the Agreement according to the terms of this Agreement. In the event of an audit, the requested materials shall be reasonably provided in the time, format and at the location acceptable to Region 8 ESC or TIPS. TIPS agrees not to perform a random audit the TIPS transaction documentation more than once per calendar year, but reserves the right to audit for just cause or as required by any governmental agency or court with regulatory authority over TIPS or the TIPS Member.

Force Majeure
If by reason of Force Majeure, either party hereto shall be rendered unable wholly or in part to carry out its obligations under this Agreement then such party shall give notice and full particulars of Force Majeure in writing to the other party within a reasonable time after occurrence of the event or cause relied upon, and the obligation of the party giving such notice, so far as it is affected by such Force Majeure, shall be suspended during the continuance of the inability then claimed, except as hereinafter provided, but for no longer period, and such party shall endeavor to remove or overcome such inability with all reasonable dispatch.

Choice of Law
The Agreement between the Vendor and TIPS/ESC Region 8 and any addenda or other additions resulting from this procurement process, however described, shall be governed by, construed and enforced in accordance with the laws of the State of Texas, regardless of any conflict of laws principles.

Venue, Jurisdiction and Service of Process
Any Proceeding arising out of or relating to this procurement process or any contract issued by TIPS resulting from or any contemplated transaction shall be brought in a court of competent jurisdiction in Camp County, Texas and each of the parties irrevocably submits to the exclusive jurisdiction of said court in any such proceeding, waives any objection it may now or hereafter have to venue or to convenience of forum, agrees that all claims in respect of the Proceeding shall be heard and determined only in any such court, and agrees not to bring any proceeding arising out of or relating to this procurement process or any contract resulting from or any contemplated transaction in any other court. The parties agree that either or both of them may file a copy of this paragraph with any court as written evidence of the knowing, voluntary and freely bargained for agreement between the parties irrevocably to waive any objections to venue or to convenience of forum. Process in any Proceeding referred to in the first sentence of this Section may be served on any party anywhere in the world. Venue for any dispute resolution process, other than litigation, between TIPS and the Vendor shall be located in Camp or Titus County, Texas.

Project Delivery Order Procedures
The TIPS Member having approved and signed an interlocal agreement, or other TIPS Membership document, may make a request of the awarded Vendor under this Agreement when the TIPS Member desires goods or services awarded to the Vendor. Notification may occur via phone, the web, courier, email, fax, or in person. Upon notification of a pending request, the awarded Vendor shall acknowledge the TIPS Member’s request as soon as possible, but must make contact with the TIPS Member within two working days.

Status of TIPS Members as Related to This Agreement
TIPS Members stand in the place of TIPS as related to this agreement and have the same access to the proposal information and all related documents. TIPS Members have all the same rights under the awarded Agreement as TIPS.

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TIPS Vendor Agreement PART 1 ONLY Ver. 06022020_sr Page 9 Vendor’s Resellers as Related to This Agreement
Vendor’s Named Resellers (“Resellers”) under this Agreement shall comply with all terms and conditions of this agreement and all addenda or incorporated documents. All actions related to sales by Authorized Vendor’s Resellers under this Agreement are the responsibility of the awarded Vendor. If Resellers fail to report sales to TIPS under your Agreement, the awarded Vendor is responsible for their contractual failures and shall be billed for the fees. The awarded Vendor may then recover the fees from their named reseller.

Support Requirements
If there is a dispute between the awarded Vendor and TIPS Member, TIPS or its representatives may, at TIPS sole discretion, assist in conflict resolution if requested by either party. TIPS, or its representatives, reserves the right to inspect any project and audit the awarded Vendor’s TIPS project files, documentation and correspondence related to the requesting TIPS Member’s order. If there are confidentiality requirements by either party, TIPS shall comply to the extent permitted by law.

Incorporation of Solicitation
The TIPS Solicitation which resulted in this Vendor Agreement, whether a Request for Proposals, the Request for Competitive Sealed Proposals or Request for Qualifications solicitation, or other, the Vendor’s response to same and all associated documents and forms made part of the solicitation process, including any addenda, are hereby incorporated by reference into this Agreement as if copied verbatim.

SECTION HEADERS OR TITLES

THE SECTON HEADERS OR TITLES WITHIN THIS DOCUMENT ARE MERELY GUIDES FOR CONVENIENCE AND ARE NOT FOR CLASSIFICATION OR LIMITING OF THE RESPONSIBILITES OF THE PARTIES TO THIS DOCUMENT.

STATUTORY REQUIREMENTS
Texas governmental entities are prohibited from doing business with companies that fail to certify to this condition as required by Texas Government Code Sec. 2270.

By executing this agreement, you certify that you are authorized to bind the undersigned Vendor and that your company (1) does not boycott Israel; and (2) will not boycott Israel during the term of the Agreement.

You certify that your company is not listed on and does not and will not do business with companies that are on the Texas Comptroller of Public Accounts list of Designated Foreign Terrorists Organizations per Texas Gov't Code 2270.0153 found at https://comptroller.texas.gov/purchasing/docs/foreign-terrorist.pdf

You certify that if the certified statements above become untrue at any time during the life of this Agreement that the Vendor will notify TIPS within three (3) business day of the change by a letter on Vendor’s letterhead from and signed by an authorized representative of the Vendor stating the non-compliance decision and the TIPS Agreement number and description at:

Attention: General Counsel
ESC Region 8/The Interlocal Purchasing System (TIPS)
4845 Highway 271 North
Pittsburg, TX,75686
And by an email sent to [email protected]

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TIPS Vendor Agreement PART 1 ONLY Ver. 06022020_sr Page 10 Insurance Requirements

The undersigned Vendor agrees to maintain the below minimum insurance requirements for TIPS Contract Holders:

General Liability $1,000,000 each Occurrence/ Aggregate Automobile Liability $300,000 Includes owned, hired & non-owned Workers' Compensation Statutory limits for the jurisdiction in which the Vendor performs under this Agreement.

Umbrella Liability $1,000,000

When the Vendor or its subcontractors are liable for any damages or claims, the Vendor’s policy, when the Vendor is responsible for the claim, must be primary over any other valid and collectible insurance carried by the Member. Any immunity available to TIPS or TIPS Members shall not be used as a defense by the contractor's insurance policy. The coverages and limits are to be considered minimum requirements and in no way limit the liability of the Vendor(s). Insurance shall be written by a carrier with an A-; VII or better rating in accordance with current A.M. Best Key Rating Guide. Only deductibles applicable to property damage are acceptable, unless proof of retention funds to cover said deductibles is provided. "Claims made" policies will not be accepted. Vendor’s required minimum coverage shall not be suspended, voided, cancelled, non-renewed or reduced in coverage or in limits unless replaced by a policy that provides the minimum required coverage except after thirty (30) days prior written notice by certified mail, return receipt requested has been given to TIPS or the TIPS Member if a projec t or pending delivery of an order is ongoing.

Upon request, certified copies of all insurance policies shall be furnished to the TIPS or the TIPS Member.

Special Terms and Conditions

• Orders: All Vendor orders received from TIPS Members must be emailed to TIPS at tipspo@tips- usa.com. Should a TIPS Member send an order directly to the Vendor, it is the Vendor’s responsibility to forward a copy of the order to TIPS at the email above within 3 business days and confirm its receipt with TIPS.
• Vendor Encouraging Members to bypass TIPS agreement: Encouraging TIPS Members to purchase directly from the Vendor or through another agreement, when the Member has requested using the TIPS cooperative Agreement or price, and thereby bypassing the TIPS Agreement is a violation of the terms and conditions of this Agreement and will result in removal of the Vendor from the TIPS Program.
• Order Confirmation: All TIPS Member Agreement orders are approved daily by TIPS and sent to the Vendor. The Vendor should confirm receipt of orders to the TIPS Member (customer) within 3 business days.
• Vendor custom website for TIPS: If Vendor is hosting a custom TIPS website, updated pricing when effective. TIPS shall be notified when prices change in accordance with the award. • Back Ordered Products: If product is not expected to ship within the time provided to the TIPS Member by the Vendor, the Member is to be notified within 3 business days and appropriate action taken based on customer request.

The TIPS Vendor Agreement Signature Page is inserted here.

Packet Page 35 of 294Attachment 2 Page 12 of 50

State Zip
Fax
Company Name
Address
City
Phone
Email of Authorized Representative
Name of Authorized Representative
Title
Signature of Authorized Representative
Date
TIPS Authorized Representative Name
Title
TIPS Authorized Representative Signature
Approved by ESC Region 8
Date
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David Fitts
Executive Director
7/22/2021
Presidio Networked Solutions LLC
8161 Maple Lawn Boulevard, Suite 150
Fulton MD 20759
812-342-6188 301-490-3416
[email protected]
Jackie Arnett
Director, Contracts Administration
June 16, 2021
Packet Page 36 of 294Attachment 2 Page 13 of 50

NOTICE TO MEMBERS REGARDING ATTRIBUTE RESPONSES

TIPS VENDORS RESPOND TO ATTRIBUTE QUESTIONS AS PART OF TIPS COMPETITIVE SOLICITATION PROCESS. THE VENDOR’S RESPONSES TO ATTRIBUTE QUESTIONS ARE INCLUDED HEREIN AS “SUPPLIER RESPONSE.” PLEASE BE ADVISED THAT DEVIATIONS, IF ANY, IN VENDOR’S RESPONSE TO ATTRIBUTE QUESTIONS MAY NOT REFLECT VENDOR’S FINAL ATTRIBUTE RESPONSE, WHICH IS SUBJECT TO NEGOTIATIONS PRIOR TO AWARD. PLEASE CONTACT THE TIPS OFFICE AT 866-839- 8477 WITH QUESTIONS OR CONCERNS REGARDING VENDOR ATTRIBUTE RESPONSE DEVIATIONS. PLEASE KEEP IN MIND THAT TIPS DOES NOT PROVIDE LEGAL COUNSEL TO MEMBERS. TIPS RECOMMENDS THAT YOU CONSULT YOUR LEGAL

COUNSEL WHEN EXECUTING CONTRACTS WITH OR MAKING PURCHASES FROM TIPS VENDORS.

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210503
PRESIDIO NETWORKED SOLUTIONS, INC.

Supplier Response
Event Information
Number: 210503
Title: Networking Equipment, Software, and Services (2 Part with JOC) Type: Request for Proposal
Issue Date: 5/6/2021
Deadline: 6/18/2021 03:00 PM (CT)
Notes: This is a 2 PART solicitation. PART 1 is for projects that are not considered construction or a public work. It includes, but is not limited to, parts, supplies, maintenance services and repairs. PART 2 Job Order Contract (JOC) is for projects considered construction or public work projects. The determination of whether or not a project requires a PART 2 JOC is the responsibility of the TIPS member entity.

Vendors are encouraged to respond to BOTH PARTS 1 and 2 to meet the needs of our members, but responses to both parts is not required.

IF YOU CURRENTLY HOLD TIPS CONTRACT(S) 18050101

NETWORKING EQUIPMENT, SOFTWARE AND SERVICES
(PART 1) AND/OR 18050102 NETWORKING EQUIPMENT,
SOFTWARE AND SERVICES (PART 2), YOU MUST RESPOND

TO THIS SOLICITATION TO PREVENT LAPSE OF CONTRACT

UNLESS YOU HOLD ANOTHER CURRENT TIPS CONTRACT
THAT COVERS ALL OF YOUR NETWORKING OFFERINGS.

THIS AWARDED CONTRACT WILL REPLACE YOUR
EXPIRING TIPS CONTRACT(S)18050101 NETWORKING

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EQUIPMENT, SOFTWARE AND SERVICES (PART 1) AND/OR
18050102 NETWORKING EQUIPMENT, SOFTWARE AND
SERVICES (PART 2).

Contact Information
Address: Region 8 Education Service Center
4845 US Highway 271 North
Pittsburg, TX 75686
Phone: +1 (866) 839-8477
Email: [email protected]

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PRESIDIO NETWORKED SOLUTIONS, INC. Information
Address: 8161 Maple Lawn Boulevard, Suite 150
Fulton, MD 20759
Phone: (301) 313-2000
Web Address: WWW.PRESIDIO.COM
By submitting your response, you certify that you are authorized to represent and bind your company.

Jackie Arnett [email protected]
Signature Email
Submitted at 6/17/2021 10:31:33 AM
Requested Attachments
Agreement Signature Form PART 1 ONLY 210503 Agreement Signature Form PART 1 ONLY.pdf If you have not taken exception or deviation to the agreement language in the solicitation attributes, download the AGREEMENT SIGNATURE FORM from the "ATTACHMENTS" tab. This PDF document is a fillable form. Download the document to your computer, fill in the requested company information, print the file, SIGN the form, SCAN the completed and signed AGREEMENT SIGNATURE FORM, and upload here.

If you have taken exception to any of the agreement language and noted the exception in the deviations section of the attributes for the agreement, complete the AGREEMENT SIGNATURE FORM, but DO NOT SIGN until those deviations have been negotiated and resolved with TIPS management. Upload the unsigned form here, because this is a required document.

Vendor Agreement PART 1 ONLY 210503 Vendor Agreement - PART 1 ONLY.pdf The vendor must download the Vendor Agreement from the attachment tab, fill in the requested information and upload the completed agreement.