programs set forth herein (“Administration Fee”). The Administration Fee shall be adjusted each subsequent year by the percentage increase/decrease in the Consumer Price Index, All Urban Consumers for Medical Care (U.S. city average) (1982- 1984=100) (“Medical CPI”). The Parties acknowledge and agree that the Administration Fee and any subsequent Medical CPI increases or decreases represent the reasonable cost to SCFE Manager providing administrative services to SCFE.
I. SCFE Manager shall operate SCFE and account for all payments, revenues, reimbursements, expenditures, disbursements, credits, and debits through an enterprise fund (i.e., a fund established to account for operations financed and operated in a manner similar to private business enterprises, where the intent of the government body is that the costs of providing goods or services to the general public on a continuing basis be financed or recovered primarily through user charges), which shall include the following subfunds:
1. An operations fund equal to SCFE’s estimated annual operating expenses for the fiscal year.
2. An operating reserve fund equal to no less than $10,000,000, to be fully funded within three (3) years of implementation of ambulance services pursuant to Section IV, below.
3. A risk management reserve fund equal to 0.01% of SCFE gross revenues.
4. A capital reserve fund for the reinvestment of SCFE net revenues into, among other things, the following:
i. The acquisition, construction, improvement, leasing, operation, maintenance, repair, staffing, and/or management of all parts of, and appurtenances to, SCFE ambulance services;
ii. The acquisition, construction, improvement, leasing, operation, maintenance, repair, staffing, and/or management of all parts of, and appurtenances to, the Parties’ FRALS services and programs; iii. Providing financial support, for a public agency emergency communications center for the purpose of consolidated countywide, fire/EMS dispatching services;
iv. The recruitment and retention of prehospital EMS personnel and the provision and expansion of prehospital EMS personnel training and continuing education, including but not limited to coursework, patient simulators, training aids;
v. The acquisition, construction, improvement, leasing, operation, maintenance, and/or repair of EMS durable equipment and disposable medical supplies for the Parties, such as, for example, Automated Packet Page 116 of 129Attachment 2 Page 5 of 14
External Defibrillators (AEDs), naloxone (Narcan), Epinephrine Auto Injectors, and Lund University Cardiopulmonary Assist System (LUCAS) devices;
vi. The acquisition, construction, improvement, leasing, operation, maintenance, and/or repair of EMS-related information technology (IT) software, hardware, and solutions, such as, for example, electronic patient care report (ePCR) systems, apparatus mounted mobile digital computers (MDC), and automatic vehicle location (AVL) systems; vii. The acquisition, construction, improvement, leasing, operation, maintenance, repair, staffing, and/or management of all parts of, and appurtenances to, community paramedicine, triage to alternate destination, and other similar ambulance and EMS programs for the Parties; and
viii. EMS community education programs, hospital interface requirements and innovation, clinical trial participation and support, and other County EMS system requirements.
J. To the extent that any special projects are performed on behalf of any Parties, such costs shall be borne by the benefiting Parties. This cost shall be offset against any revenue received by the benefiting Parties under this Agreement.
K. The Parties acknowledge and agree that SCFE Manager is not performing services as the agent of the Parties, but rather, as a service provider, and SCFE Manager does not assume any fiduciary duties to the Parties in the performance of these financial and general services.
IV. Ambulance Services.
A. SCFE, through SCFE Manager, shall contract with the County to provide emergency ambulance services (“Ambulance Contract”) and shall provide those services, in whole or in part, through a written subcontract with a private ambulance service (“Ambulance Subcontract”) in accordance with Sections 1797.230 and 1797.231 of the California Health and Safety Code.
B. SCFE, through SCFE Manager, shall award the Ambulance Subcontract pursuant to a competitive bidding process in accordance with Section 1797.231 of the California Health and Safety Code.
C. SCFE, through SCFE Manager, may contract with third parties to provide nonemergency ambulance services.
D. SCFE, through SCFE Manager, shall invoice and collect for all emergency and nonemergency ambulance services rendered by SCFE.
E. SCFE, through SCFE Manager, shall participate in the PP-GEMT IGT Program.
Packet Page 117 of 129Attachment 2 Page 6 of 14
F. The Parties acknowledge and agree that SCFE’s authorized service area under the Ambulance Contract shall consist of all the unincorporated and incorporated areas of County, excluding the Vacaville Fire Protection District (also known as “Zone C”), the City of Vacaville, and Travis Air Force Base.
G. Except as otherwise provided in this Agreement, the Parties shall not:
1. Provide, furnish, operate, conduct, charge for, advertise, or engage in or profess to be engaged in the business of, emergency and nonemergency ambulance services;
2. Contract, pay, or reimburse for emergency and nonemergency ambulance services; or
3. Grant a permit, license, or franchise for emergency and nonemergency ambulance services.
V. First Responder, Advanced Life Support (“FRALS”) Services.
A. The City Parties shall, and the District Parties may, provide FRALS services within their jurisdictions 24 hours a day, 365 days a year, subject to the terms and conditions of their ALS Non-Transport Agreements with Solano County Emergency Medical Services Cooperative (“SEMSC”). The City and District Parties providing FRALS services shall be known as the “FRALS Parties.” B. SCFE, through the SCFE Manager, and the FRALS Parties shall enter into a separate agreement (“FRALS Subcontract”), which shall set forth the terms and conditions of the FRALS Parties’ provision of FRALS as subcontractors of SCFE, including but not limited to provisions on the following subjects:
1. FRALS Parties’ compliance with all statutory, regulatory, and contractual requirements for FRALS services and EMT-Paramedic personnel;
2. SCFE’s resupply and restocking of disposable EMS supplies for FRALS Parties; and
3. FRALS Parties’ fees for providing FRALS services to SCFE, which shall not exceed the reasonable costs of providing such services, and all terms and conditions for such payments, such as, for example, the timing of payments by SCFE to the FRALS Parties, the allocation of FRALS payments between and among the FRALS Parties based on each Party’s percentage of call volume, and any modifications to any of the foregoing.
VI. Effective Date.
A. The effective date of this Agreement shall be ____ and shall continue in full force and effect until terminated pursuant to Section VII, below.
Packet Page 118 of 129Attachment 2 Page 7 of 14
B. Condition Precedent. Notwithstanding the foregoing, this Agreement shall become effective if and only upon County awarding the Ambulance Contract to SCFE.
VII. Withdrawal, Termination, and Dissolution.
A. A Party may withdraw as a party to this Agreement by providing at least 180 days’ written notice. Such withdrawal shall be effective on the first day of the next fiscal year, unless otherwise agreed to by all Parties. Such withdrawing Party shall perform all obligations and other activities and information performed or related to the services provided by the Parties under this Agreement prior to the effective date of withdrawal.
B. The Agreement shall terminate if:
1. The number of parties to this Agreement becomes less than two, or if all the parties unanimously agree to terminate the Agreement; or
2. The Ambulance Contract is terminated.
C. If the Parties have accumulated any assets relating to the services provided under this Agreement prior to termination, such assets shall be distributed among the Parties per their respective contributions, unless otherwise agreed to by all Parties.
VIII. Amendments to Agreement.
A. This Agreement may only be amended by approval of all the Parties to t his Agreement.
B. The Executive Committee may recommend an amendment to this Agreement. The Executive Committee shall forward the proposed amendment with its recommendation to the legislative body of each Party, which shall be adopted, properly executed, and returned to the Executive Committee if the Party concurs with the amendment. This Section shall not prevent the Parties from adopting an amendment to this agreement that is not recommended by the Executive Committee.
C. Agencies, as defined in the Joint Exercise of Powers Act, which are not parties hereto, may become Parties hereto only by amendment to this Agreement and upon approval of all the Parties to this Agreement.
IX. Miscellaneous.
A. Notice. Whenever notice or other communication is permitted or required by this Agreement, it shall be in writing and shall be deemed effectively given upon the earlier of actual receipt or (i) personal delivery to the party to be notified; (ii) when sent, if sent by electronic mail or facsimile during the recipient’s normal business hours, and if not sent during normal business hours, then on the recipient’s next business day; (iii) five (5) calendar days after having been sent by registered or Packet Page 119 of 129Attachment 2 Page 8 of 14
certified mail, return receipt requested, postage prepaid; or (iv) one (1) business day after the business day of deposit with a nationally recognized overnight courier, freight prepaid, specifying next-day delivery, with written verification of receipt, and addressed as follows:
[Name]
[Title]
City of Fairfield
1000 Webster Street
Fairfield, CA 94533
[email address]
[Name]
[Title]
City of Benicia
250 East L Street
Benicia, CA 94510
[email address]
[Name]
[Title]
City of Dixon
600 East A
Dixon, CA 94520
[email address]
[Name]
[Title]
City of Vallejo
555 Santa Clara Street
Vallejo, CA 94590
[email address]
[Name]
[Title]
City of Rio Vista
One Main Street
Rio Vista, CA 94571
[email address]
[Name]
[Title]
City of Suisun City
701 Civic Center Blvd.
Suisun City, CA 94585
[email address]
[Name]
[Title]
Cordelia Fire Protection District
2155 Cordelia Road,
Fairfield, CA 94534
[email address]
[Name]
[Title]
Montezuma Fire Protection District
21 N 4th Street
Rio Vista, CA 94571
[email address]
[Name]
[Title]
East Vallejo Fire Protection District
[address 1]
[address 2]
[email address]
[Name]
[Title]
Dixon Fire Protection District
205 Ford Way
Dixon, CA 95620
[email address]
[Name]
[Title]
Suisun Fire Protection District
445 Jackson St
Fairfield, CA 94533
[email address]
[Name]
[Title]
Vacaville Fire Protection District
420 Vine St
Vacaville, CA 95688
[email address]
Packet Page 120 of 129Attachment 2 Page 9 of 14
A Party may change the address and email address to which notices shall be sent by giving notice of the change as provided herein.
B. Severability. Should any part, term, portion, or provision of this Agreement or the application thereof of any person or circumstances, be in conflict with any State or Federal law, or otherwise be rendered unenforceable or ineffectual, the validity of the remaining parts, terms, portions or provisions, or the application thereof to other persons or circumstances, shall be deemed severable and shall not be affected thereby, provided such remaining portions or provisions can be construed in substance to continue to constitute the Agreement that the parties intended to enter into in the first instance.
C. Indemnification
1. Mutual Indemnity: The Parties agree that the City of Fairfield, shall indemnify, defend and hold all other Parties, including their officers, members, employees, and/or agents from any and all acts, claims, omissions, liabilities, and losses resulting in injuries or damages to persons and/or property which result from the negligent or wrongful acts or omissions of SCFE Manager, or its officers, employees, and/or agents in the performance of its duties under the scope of work set forth by this Agreement and under all applicable federal, state and local laws, rules and regulations. The Parties further agree that each non-SCFE Manager Party shall indemnify, defend and hold the City of Fairfield harmless, including its officers, employees, and/or agents from any and all acts, claims, omissions, liabilities, and losses resulting in injuries or damages to persons and/or property which result from the negligent or wrongful acts or omissions of the such non-SCFE Manager Party or its officers, members, agents and/or employees in the performance of its duties under the scope of work set forth herein and under all applicable state, federal and local laws, rules and regulations.
2. Comparative Negligence: In the event a third party claim or suit alleges concurrent negligence of SCFE Manager, its officers, employees, and/or agents, and all other Parties, their officers, employees, and/or agents, then the liability for any and all claims for injuries and damages to persons and/or property which arise out of this Agreement shall be apportioned under the established California theory of comparative negligence as it may be modified from time to time. The Parties shall each immediately notify the other in writing upon receiving notice of a claim or suit which includes, or reasonably may include, the other party. Prior to the separate settlement of any third-party court action against both SCFE Manager and any or all of the other Parties, the settling Party or Parties shall provide written notice to all Parties and the court pursuant to Code of Civil Procedure section 877.6 of the settlement regardless of whether a confidentiality agreement has been Packet Page 121 of 129Attachment 2 Page 10 of 14
entered into by the settling Party or Parties.
D. Legal Representation and Advice.
1. SCFE, through SCFE Manager, shall retain counsel to provide legal advice and counsel to SCFE and SCFE Manager on legal matters and issues related to this Agreement and the SCFE services and programs set forth herein.
SCFE counsel fees and expenses shall be paid from the risk management reserve fund in section III.I.3., above.
2. The Parties other than the SCFE Manager shall obtain legal advice and counsel from their respective counsel regarding legal matters or issues related to this Agreement and the SCFE services and programs set forth herein. The costs for such legal advice and counsel shall be born by such other Parties.
E. Insurance.
1. SCFE shall maintain liability insurance to meet or exceed the insurance requirements set forth by the County of Solano as specified in the Ambulance Contract. The Ambulance Subcontractor, as defined in Section IV.A. of this Agreement, shall supply evidences of coverage required under the Ambulance Contract.
2. Each Party shall be responsible for maintaining a program of insurance that shall cover each Party's indemnification obligations.
F. Additional Document and Agreements. The parties agree to cooperate in the execution of any additional documents or agreements that may be required to carry out the terms of this Agreement.
G. Successors. This Agreement shall bind and inure to the benefit of all successors and assigns of the parties and any associates in interest, and their respective directors, officers, agents, servants, and employees, and the successors and assigns of each of them, separately and collectively.
H. Warranty of Legal Authority. Each party warrants and covenants that it has the present legal authority to enter into this Agreement and to perform the acts required of it hereunder.
I. Assignment/Delegation. No Party shall assign, sublet, or transfer any interest in this Agreement or any duty hereunder without written consent of the other Parties, which shall not be unreasonably withheld, and no assignment shall be of any force or effect whatsoever unless and until the other parties shall have so consented.
Provided, however, that any Party may employ such consultants as it deems necessary.
J. No Third-Party Beneficiary. This Agreement is only for the benefit of the Parties Packet Page 122 of 129Attachment 2 Page 11 of 14
as municipal or local governmental entities and shall not be construed as or deemed to operate as an agreement for the benefit of any third party or parties, and no third party or party shall have any right of action or obtain any right to benefits or position of any kind for any reason whatsoever.
K. Waiver. The failure of either party to insist upon strict performance of any of the terms, covenants, or conditions of this Agreement in any one or more instances shall not be construed as a waiver or a relinquishment of any such terms, covenants, or conditions and all of the same shall be in full force and effect.
L. Construction of Agreement .
1. The recitals set forth above are adopted as a part of the Agreement, and the Parties acknowledge and agree that the facts set forth therein are true, accurate, and complete.
2. This Agreement shall be governed by and construed in accordance with the laws of the State of California.
3. The plural shall include the singular and the singular shall include the plural throughout the terms of this Agreement.
4. The Parties acknowledge that for purposes of construing this Agreement, none of the Parties shall be deemed to be the drafter.
5. The headings in this Agreement are for convenience of reference only and are not to be used in construing or interpreting any provision of this Agreement.
M. Dispute Resolution.
1. Mediation. Should any dispute arise out of this Agreement, any Party may request that it be submitted to mediation. The Parties shall meet in mediation within 30 days of a request unless they mutually agree to a longer period.
The mediator shall be agreed to by the Parties; in the absence of an agreement, the parties shall each submit one name from mediators listed by an agreed-upon service or parties themselves. The mediator shall be selected by a mutually agreed random selection. The cost of mediation shall be borne equally by the Parties. No Party shall be deemed the prevailing party. No Party shall be permitted to file a legal action without first meeting in mediation and making a good faith attempt to reach a mediated settlement. The mediation process, once commenced by a meeting with the mediator, shall not last more than 60 days, unless the 60-day period is extended in writing by the Parties.
2. Venue. Venue for all legal actions, suits, or proceedings relative to the formation, interpretation, or performance of this Agreement shall be exclusively vested in the state courts of the County of Solano, Packet Page 123 of 129Attachment 2 Page 12 of 14
notwithstanding the provisions of Code of Civil Procedure section 394.
3. Attorney’s Fees. In any legal action, suit, or proceeding brought to enforce or interpret any provision of this Agreement, or where any provision of this Agreement is validly asserted as a defense, the prevailing party or parties shall be entitled to recover from the other party or parties the reasonable attorney’s fees, costs, and expenses incurred in such action, suit, or proceeding, in addition to any other relief to which the prevailing party or parties may be entitled.
N. Entire Agreement. This document is intended both as the final expression of the Agreement between the parties hereto with respect to the included terms and as a complete and exclusive statement of the terms of the Agreement. This Agreement may be transmitted electronically and executed in counterparts, each such executed electronic copy shall be admissible for any purpose and in any judicial or administrative proceeding as evidence of the agreement between the Parties.
O. Counterparts. This Agreement may be executed in any number of counterparts, all of which shall constitute the agreement between the parties.
IN WITNESS WHEREOF, the parties hereto, acting by and through their duly authorized representatives, have executed this Agreement as of the day and year first above written:
CITY OF FAIRFIELD
_______________________________
[Name]
[Title]
_____________
Date
CITY OF BENICIA
_______________________________
[Name]
[Title]
_____________
Date
CITY OF DIXON
_______________________________
[Name]
[Title]
_____________
Date
CITY OF VALLEJO
_______________________________
[Name]
[Title]
_____________
Date
CITY OF RIO VISTA
_______________________________
CITY OF SUISUN CITY
_______________________________
Packet Page 124 of 129Attachment 2 Page 13 of 14
[Name]
[Title]
_____________
Date
[Name]
[Title]
_____________
Date
CORDELIA FIRE PROTECTION
DISTRICT
_______________________________
[Name]
[Title]
_____________
Date
MONTEZUMA FIRE PROTECTION
DISTRICT
_______________________________
[Name]
[Title]
_____________
Date
EAST VALLEJO FIRE PROTECTION
DISTRICT
_______________________________
[Name]
[Title]
_____________
Date
DIXON FIRE PROTECTION DISTRICT
_______________________________
[[Name]
[Title]
_____________
Date
SUISUN FIRE PROTECTION DISTRICT
_______________________________
[Name]
[Title]
_____________
Date
VACAVILLE FIRE PROTECTION
DISTRICT
_______________________________
[Name]
[Title]
_____________
Date
Packet Page 125 of 129Attachment 2 Page 14 of 14
Agenda Item No: 18.
AGENDA REPORT
DATE:December 5, 2023
TO:Mayor and City Council
FROM:David Gassaway, City Manager
SUBJECT:First Reading and Introduction of Ordinance 202314 of the City Council of the City of Fairfield Authorizing an Amendment to the Contract Between the City of Fairfield and the Board of Administration of the California Public Employees’ Retirement System RECOMMENDED ACTION
Waive full reading, read by title only, and introduce ordinance for first reading.
STATEMENT OF ISSUE
CalPERS staff has notified staff that its current contract with the City has provisions that do not reflect the current cost share agreements between the City and employee associations as stated in each Memoranda of Understanding. Therefore, CalPERS requested staff to amend its contract to reflect the current cost share agreements. In order for the contract amendment to be finalized through an ordinance adopted by Council.
DISCUSSION
The City and staff from the California Public Employees Retirement System (CalPERS)recently discovered certain provisions of its contract with the City need to be amended so that the contract complies with the Memoranda of Understanding between employee associations and the City for classic members of CalPERS. Classic Members of CalPERS are employees who were employed at the City or were in the CalPERS system prior to January of 2013. Both City and CalPERS staff are working together to resolve this matter. Here is the summary of the reasons for the need to amend the City’s contract with CalPERS:
The CalPERS contract with the City was last amended in 2012 for classic members.
It lists three major employee categories: Miscellaneous, Fire and Police Each employee category had the following cost sharing arrangement with the City:
o Miscellaneous Employees: 2.5%
o Fire Employees: 2.25%
o Police Employees: 2.25%
These cost sharing arrangements were negotiated in each bargaining units’ MOU The CalPERS contract stated the cost sharing arrangements would be lowered for the following employee categories to the percentages listed on the following dates:
Packet Page 126 of 129
Agenda Item No: 18.AGENDA REPORTDATE:December 5, 2023 TO:Mayor and City CouncilFROM:David Gassaway, City ManagerSUBJECT:First Reading and Introduction of Ordinance 202314 of the City Council of the City ofFairfield Authorizing an Amendment to the Contract Between the City of Fairfield andthe Board of Administration of the California Public Employees’ Retirement SystemRECOMMENDED ACTIONWaive full reading, read by title only, and introduce ordinance for first reading.STATEMENT OF ISSUECalPERS staff has notified staff that its current contract with the City has provisions that do not reflectthe current cost share agreements between the City and employee associations as stated in eachMemoranda of Understanding. Therefore, CalPERS requested staff to amend its contract to reflect thecurrent cost share agreements. In order for the contract amendment to be finalized through anordinance adopted by Council.DISCUSSIONThe City and staff from the California Public Employees Retirement System (CalPERS)recentlydiscovered certain provisions of its contract with the City need to be amended so that the contractcomplies with the Memoranda of Understanding between employee associations and the City forclassic members of CalPERS. Classic Members of CalPERS are employees who were employed atthe City or were in the CalPERS system prior to January of 2013. Both City and CalPERS staff areworking together to resolve this matter. Here is the summary of the reasons for the need to amend theCity’s contract with CalPERS:The CalPERS contract with the City was last amended in 2012 for classic members.It lists three major employee categories: Miscellaneous, Fire and PoliceEach employee category had the following cost sharing arrangement with the City:o Miscellaneous Employees: 2.5%o Fire Employees: 2.25%o Police Employees: 2.25%These cost sharing arrangements were negotiated in each bargaining units’ MOU The CalPERS contract stated the cost sharing arrangements would be lowered for the following employee categories to the percentages listed on the following dates:
Employee Category Percentage Dates
Miscellaneous 2.227%August 9, 2022
Fire 1.810%December 21,
2021
Police 1.666%June 16, 2021
After 2012, the MOU’s continued to have the same cost sharing provision as listed above (Misc: 2.5%, Fire and Police: 2.25%). However, in the ensuing years, the City staff did not amend the contract to reflect the agreement with each bargaining unit that the cost sharing provisions listed in each MOU will continue to be in effect for the foreseeable future. CalPERS staff also did not take note of the changes in the contract and continued to accept the City’s payroll reports until September of this year assuming the cost sharing agreements will continue as negotiated between the City and employee associations.
In September, CalPERS notified the City that these provisions in the contract need to be amended for the cost sharing arrangements to remain as they are stated in the MOU with each bargaining unit. For employee cost sharing to be deducted from pay checks prior to any tax deductions, the CalPERS contract needs to reflect the correct cost sharing amounts stated in the MOU with each bargaining unit.
CalPERS staff prescribed the following steps for the contract amendment. First each bargaining unit needs to enter into a side letter agreement with the City that reflects the correct cost sharing amount stated in each MOU using the standard language CalPERS has provided City staff. Second, classic members need to vote to affirm the cost sharing provisions in each MOU should be reflected in a new contract with CalPERS. CalPERS will print out ballots for each classic member in each bargaining unit. After receiving the ballots from CalPERS, City staff and the association representatives will disseminate the ballots to classic members for the vote. Staff and the bargaining unit representatives have met and conferred and have agreed to side letter agreements. To finalize the contract amendment, CalPERS staff has also notified staff that Council has to adopt an ordinance to authorize the City Manager to amend its contract with CalPERS.
FINANCIAL IMPACT
N/A
PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
N/A
ALTERNATIVE ACTION
City Council may choose not to approve the amendment to the CalPERS contract.
STAFF CONTACT
Farbod Pirouzmand, Human Resources Director
(707) 4287397
[email protected]
COORDINATED WITH
City Manager's Office, Finance Department
ATTACHMENTS:
Description
Proposed Ordinance
Packet Page 127 of 129
Agenda Item No: 18.AGENDA REPORTDATE:December 5, 2023 TO:Mayor and City CouncilFROM:David Gassaway, City ManagerSUBJECT:First Reading and Introduction of Ordinance 202314 of the City Council of the City ofFairfield Authorizing an Amendment to the Contract Between the City of Fairfield andthe Board of Administration of the California Public Employees’ Retirement SystemRECOMMENDED ACTIONWaive full reading, read by title only, and introduce ordinance for first reading.STATEMENT OF ISSUECalPERS staff has notified staff that its current contract with the City has provisions that do not reflectthe current cost share agreements between the City and employee associations as stated in eachMemoranda of Understanding. Therefore, CalPERS requested staff to amend its contract to reflect thecurrent cost share agreements. In order for the contract amendment to be finalized through anordinance adopted by Council.DISCUSSIONThe City and staff from the California Public Employees Retirement System (CalPERS)recentlydiscovered certain provisions of its contract with the City need to be amended so that the contractcomplies with the Memoranda of Understanding between employee associations and the City forclassic members of CalPERS. Classic Members of CalPERS are employees who were employed atthe City or were in the CalPERS system prior to January of 2013. Both City and CalPERS staff areworking together to resolve this matter. Here is the summary of the reasons for the need to amend theCity’s contract with CalPERS:The CalPERS contract with the City was last amended in 2012 for classic members.It lists three major employee categories: Miscellaneous, Fire and PoliceEach employee category had the following cost sharing arrangement with the City:o Miscellaneous Employees: 2.5%o Fire Employees: 2.25%o Police Employees: 2.25%These cost sharing arrangements were negotiated in each bargaining units’ MOUThe CalPERS contract stated the cost sharing arrangements would be lowered for the followingemployee categories to the percentages listed on the following dates:Employee Category Percentage DatesMiscellaneous2.227%August 9, 2022Fire1.810%December 21,2021Police1.666%June 16, 2021After 2012, the MOU’s continued to have the same cost sharing provision as listed above (Misc: 2.5%,Fire and Police: 2.25%). However, in the ensuing years, the City staff did not amend the contract toreflect the agreement with each bargaining unit that the cost sharing provisions listed in each MOU willcontinue to be in effect for the foreseeable future. CalPERS staff also did not take note of the changesin the contract and continued to accept the City’s payroll reports until September of this year assumingthe cost sharing agreements will continue as negotiated between the City and employee associations.In September, CalPERS notified the City that these provisions in the contract need to be amended forthe cost sharing arrangements to remain as they are stated in the MOU with each bargaining unit. Foremployee cost sharing to be deducted from pay checks prior to any tax deductions, the CalPERScontract needs to reflect the correct cost sharing amounts stated in the MOU with each bargaining unit. CalPERS staff prescribed the following steps for the contract amendment. First each bargaining unitneeds to enter into a side letter agreement with the City that reflects the correct cost sharing amountstated in each MOU using the standard language CalPERS has provided City staff. Second, classicmembers need to vote to affirm the cost sharing provisions in each MOU should be reflected in a newcontract with CalPERS. CalPERS will print out ballots for each classic member in each bargainingunit. After receiving the ballots from CalPERS, City staff and the association representatives willdisseminate the ballots to classic members for the vote. Staff and the bargaining unit representativeshave met and conferred and have agreed to side letter agreements. To finalize the contractamendment, CalPERS staff has also notified staff that Council has to adopt an ordinance to authorizethe City Manager to amend its contract with CalPERS.FINANCIAL IMPACTN/APUBLIC CONTACT/ADVISORY BODY RECOMMENDATIONN/AALTERNATIVE ACTIONCity Council may choose not to approve the amendment to the CalPERS contract.STAFF CONTACTFarbod Pirouzmand, Human Resources Director(707) 428[email protected] WITHCity Manager's Office, Finance DepartmentATTACHMENTS:
Description
Proposed Ordinance
REVIEWERS:
Reviewer Action Date
Pirouzmand, Farbod Approved 11/21/2023 7:17 PM
Henry, Alicia Approved 11/21/2023 8:06 PM
Pirouzmand, Farbod Approved 11/21/2023 8:44 PM
Beavers, Esther Approved 11/22/2023 11:43 AM
Beavers, Esther Approved 11/22/2023 11:43 AM
Packet Page 128 of 129
CITY OF FAIRFIELD
ORDINANCE NO. 2023-14
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FAIRFIELD AUTHORIZING AN
AMENDMENT TO THE CONTRACT BETWEEN THE CITY OF FAIRFIELD AND THE BOARD OF
ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM
THE CITY COUNCIL OF THE CITY OF FAIRFIELD DOES ORDAIN AS FOLLOWS:
SECTION 1.
That an amendment to the contract between the City Council of the City of Fairfield and the Board of Administration, California Public Employees' Retirement System is hereby authorized, a copy of said amendment being attached hereto, marked Exhibit A, and by such reference made a part hereof as though herein set out in full.
SECTION 2.
The City Manager of the City Council of the City of Fairfield is hereby authorized, empowered, and directed to execute said amendment for and on behalf of said Agency.
SECTION 3.
This Ordinance shall be effective 30 days following its adoption by the City Council. A summary of this Ordinance shall, within fifteen (15) days after passage, be pu blished in accordance with Section 36933 of the Government ·Code of the State of California with the names of the City Councilmembers voting for and against it.
INTRODUCED at a regular meeting of the City Council of the City of Fairfield on the 5th day of December 2023, and
PASSED AND ADOPTED this , 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 129 of 129Attachment 1 Page 1 of 1