Agenda, first session — Fairfield City Council, December 5, 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 Chaplain Greg Angan, Fairfield Police Department PLEDGE OF ALLEGIANCE
COUNCIL REPORTS
CITY MANAGER REPORT
CITY ATTORNEY REPORT
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PRESENTATIONS

1.Veterans Day Parade Awards Presented by Kristina Kaunzinger Contact:Karen Rees, (707) 4287767
a

2.Recognition of Sister City Exchange Students
Contact:Anna Guiles, (707) 4287399
a

3.Fairfield 101 Civic Academy Graduation
Contact:Esther Beavers, (707) 4287400
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.

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.

4.Approval of Meeting Minutes from October 2023
Recommended Action
Approve the meeting minutes.

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

5.Resolution 2023281 of the City Council of the City of Fairfield Adopting a Contract Between the City of Fairfield and the County of Solano to Administer the American Rescue Plan Act Funds for the Beck Avenue Navigation Center
Recommended Action
Adopt resolution.

Funding Source
N/A
Contact:Samantha Burrows, (707) 4287749
a

6.Resolution 2023282 of the City Council of the City of Fairfield Approving a Memorandum of Understanding Between the City of Fairfield and the FairfieldSuisun Sewer District for the 20232035 City of Fairfield Household Hazardous Waste Collection Program Packet Page 2 of 129

Funding Source
N/A
Contact:Corey Beavers, (707) 4287528
a

7.Resolution 2023283 of the City Council of the City of Fairfield Authorizing Execution of a Contractor Services Agreement Between the City of Fairfield and Merrimac Petroleum, Inc.

DBA Merrimac Energy Group for the Provision and Delivery of Renewable Diesel and 87 Octane Gasoline at the City of Fairfield Corporation Yard Recommended Action
Adopt resolution.

Funding Source
State and Federal transportation revenue sources, nonGeneral Fund enterprise accounts and some General Fund monies.

Contact:David Renschler, (707) 4287414
a

8.Resolution 2023284 of the City Council of the City of Fairfield Authorizing the City Manager to Execute a Side Letter Agreement with the Fairfield General Management Association to Amend the City Contract with CalPERS Pursuant to Government Code 20516 Relating to Cost Share Recommended Action
Adopt resolution.

Funding Source
N/A
Contact:Farbod Pirouzmand, (707) 4287397
a

9.Resolution 2023285 of the City Council of the City of Fairfield Authorizing the City Manager to Execute a Side Letter Agreement with the Fairfield Employees' Association to Amend the City Contract with CalPERS Pursuant to Government Code 20516 Relating to Cost Share Recommended Action
Adopt resolution.

Funding Source
N/A
Contact:Farbod Pirouzmand, (707) 4287397
a

10.Resolution 2023286 of the City Council of the City of Fairfield Authorizing the City Manager to Execute a Side Letter Agreement with the Fairfield Professional Firefighters' Association to Amend the City Contract with CalPERS Pursuant to Government Code 20516 Relating to Cost Share
Recommended Action
Adopt resolution.

Funding Source
N/A
Contact:Farbod Pirouzmand, (707) 4287397
a

CITY OF FAIRFIELDFAIRFIELD CITY COUNCILREGULAR MEETINGTUESDAY, DECEMBER 5, 2023; 6:00 PMHARRY T. PRICE MEMORIAL COUNCIL CHAMBER, 1000WEBSTER 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 Chaplain Greg Angan, Fairfield Police DepartmentPLEDGE OF ALLEGIANCECOUNCIL REPORTSCITY MANAGER REPORTCITY ATTORNEY REPORTCITY CLERK REPORTPRESENTATIONS1.Veterans Day Parade Awards Presented by Kristina KaunzingerContact:Karen Rees, (707) 4287767a2.Recognition of Sister City Exchange StudentsContact:Anna Guiles, (707) 4287399a3.Fairfield 101 Civic Academy GraduationContact:Esther Beavers, (707) 4287400aPUBLIC 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.CONSENT 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.4.Approval of Meeting Minutes from October 2023Recommended ActionApprove the meeting minutes.Funding SourceN/AContact:Esther Beavers, (707) 4287402a5.Resolution 2023281 of the City Council of the City of Fairfield Adopting a Contract Between theCity of Fairfield and the County of Solano to Administer the American Rescue Plan Act Funds forthe Beck Avenue Navigation CenterRecommended ActionAdopt resolution.Funding SourceN/AContact:Samantha Burrows, (707) 4287749a6.Resolution 2023282 of the City Council of the City of Fairfield Approving a Memorandum ofUnderstanding Between the City of Fairfield and the FairfieldSuisun Sewer District for the20232035 City of Fairfield Household Hazardous Waste Collection ProgramRecommended ActionAdopt resolution.Funding SourceN/AContact:Corey Beavers, (707) 4287528a7.Resolution 2023283 of the City Council of the City of Fairfield Authorizing Execution of aContractor Services Agreement Between the City of Fairfield and Merrimac Petroleum, Inc.DBA Merrimac Energy Group for the Provision and Delivery of Renewable Diesel and 87Octane Gasoline at the City of Fairfield Corporation YardRecommended ActionAdopt resolution.Funding SourceState and Federal transportation revenue sources, nonGeneral Fund enterprise accounts andsome General Fund monies.Contact:David Renschler, (707) 4287414a8.Resolution 2023284 of the City Council of the City of Fairfield Authorizing the City Manager toExecute a Side Letter Agreement with the Fairfield General Management Association to Amendthe City Contract with CalPERS Pursuant to Government Code 20516 Relating to Cost ShareRecommended ActionAdopt resolution.Funding SourceN/AContact:Farbod Pirouzmand, (707) 4287397a9.Resolution 2023285 of the City Council of the City of Fairfield Authorizing the City Manager toExecute a Side Letter Agreement with the Fairfield Employees' Association to Amend the CityContract with CalPERS Pursuant to Government Code 20516 Relating to Cost ShareRecommended ActionAdopt resolution.Funding SourceN/AContact:Farbod Pirouzmand, (707) 4287397a10.Resolution 2023286 of the City Council of the City of Fairfield Authorizing the City Manager toExecute a Side Letter Agreement with the Fairfield Professional Firefighters' Association toAmend the City Contract with CalPERS Pursuant to Government Code 20516 Relating to CostShareRecommended ActionAdopt resolution.Funding SourceN/AContact:Farbod Pirouzmand, (707) 4287397 a

11.Resolution 2023287 of the City Council of the City of Fairfield Authorizing the City Manager to Execute a Side Letter Agreement with the Fairfield Fire Managers' Association to Amend the City Contract with CalPERS Pursuant to Government Code 20516 Relating to Cost Share Recommended Action
Adopt resolution.

Funding Source
N/A
Contact:Farbod Pirouzmand, (707) 4287397
a

12.Resolution 2023288 of the City Council of the City of Fairfield Authorizing the City Manager to Execute a Side Letter Agreement with the Fairfield PartTime Employees' Association to Amend the City Contract with CalPERS Pursuant to Government Code 20516 Relating to Cost Share Recommended Action
Adopt resolution.

Funding Source
N/A
Contact:Farbod Pirouzmand, (707) 4287397
a

13.Resolution 2023289 of the City Council of the City of Fairfield Authorizing the City Manager to Execute a Side Letter Agreement with the Fairfield Police Management Association to Amend the City Contract with CalPERS Pursuant to Government Code 20516 Relating to Cost Share Recommended Action
Adopt resolution.

Funding Source
N/A
Contact:Farbod Pirouzmand, (707) 4287397
a

14.Resolution 2023290 of the City Council of the City of Fairfield Authorizing the City Manager to Execute a Side Letter Agreement with the Fairfield Police Officers' Association to Amend the City Contract with CalPERS Pursuant to Government Code 20516 Relating to Cost Share Recommended Action
Adopt resolution.

Funding Source
N/A
Contact:Farbod Pirouzmand, (707) 4287397
a

15.Resolution 2023291 of the City Council of the City of Fairfield Amending the City’s CalPERS Contract Pursuant to Government Code 20516 to Reflect the Current Employee Cost Share for the Unrepresented Employees
Recommended Action
Adopt resolution.

Funding Source
N/A
Contact:Farbod Pirouzmand, (707) 4287397
a

16.Second Reading and Adoption of Ordinance 202313 of the City Council of the City of Fairfield Establishing Campaign Contribution Limits for the City of Fairfield Elected Offices Recommended Action
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Funding Source
N/A
Contact:Anna Guiles, (707) 4287399
a
NEW BUSINESS

17.Resolution 2023292 of the City Council of the City of Fairfield Authorizing the City Manager to Sign the Joint Exercise of Powers Agreement for the Provision and Management of Emergency Ambulance Services (JEPA)
Recommended Action
Adopt resolution and authorize City Manager to sign the Joint Exercise of Powers Agreement for the Provision and Management of Emergency Ambulance Services (JEPA).

Funding Source
N/A
Contact:John Sturdee (707) 4287228
a

18.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.

Funding Source
N/A
Contact:Farbod Pirouzmand, (707) 4287397
a
ADJOURN TO TUESDAY, DECEMBER 19, 2023, 6:00 P.M., HARRY T. PRICE MEMORIAL 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, November 30, 2023.

Packet Page 5 of 129

Agenda Item No: 4.

AGENDA REPORT
DATE:December 5, 2023
TO:Mayor and City Council
FROM:David Gassaway, City Manager
SUBJECT:Approval of Meeting Minutes from October 2023
RECOMMENDED ACTION
Approve the meeting minutes.

STATEMENT OF ISSUE
Minutes need approval by the City Council.

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

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

STAFF CONTACT
Esther Beavers, Deputy City Clerk
(707) 4287402
[email protected]
COORDINATED WITH
City Attorney's Office
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Agenda Item No: 4.AGENDA REPORTDATE:December 5, 2023 TO:Mayor and City CouncilFROM:David Gassaway, City ManagerSUBJECT:Approval of Meeting Minutes from October 2023RECOMMENDED ACTIONApprove the meeting minutes.STATEMENT OF ISSUEMinutes need approval by the City Council.DISCUSSIONThe City Council Closed Session Minutes, Study Session Minutes, and City Council Minutes forOctober 2023 have been approved by the city attorney and need council approval.FINANCIAL IMPACTN/APUBLIC CONTACT/ADVISORY BODY RECOMMENDATIONN/AALTERNATIVE ACTIONThe council may choose to modify the minutes which will result in bringing this item back at a futuredate.STAFF CONTACTEsther Beavers, Deputy City Clerk(707) 428[email protected] COORDINATED WITH
City Attorney's Office
ATTACHMENTS:

Description
Closed Session Minutes 10032023
City Council Minutes 10032023
Study Session Minutes 10102023
Closed Session Minutes 10172023
City Council Minutes 10172023
REVIEWERS:

Reviewer Action Date
Beavers, Esther Approved 11/22/2023 3:19 PM
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CITY OF FAIRFIELD

FAIRFIELD CITY COUNCIL

CLOSED SESSION
TUESDAY, OCTOBER 3, 2023; 5:00 PM
CITY HALL, CITY MANAGER'S OFFICE, 1000 WEBSTER STREET, 4TH FLOOR, FAIRFIELD, CA 94533 OR VIA ZOOM

MINUTES

CALL TO ORDER

Mayor Cat Moy called the meeting to order. Assistant City Attorney Brandi Robinson called roll.

Present in person were Councilmembers Doriss Panduro, Scott Tonnesen, Rick Vaccaro, K. Patrice Williams, and Mayor Cat Moy. Vice Mayor Pam Bertani was not present for roll call but arrived at 5:02 pm. Also present were Assistant City Attorney Brandi Robinson, Acting City Manager Farbod Pirouzmand, Attorney Patrick Moriarty, and Attorney John Robinson.

No members of the public were present. No one asked to speak at public comment either in person or via Zoom.

The City Council went into closed session on Item #1 (Calvin Rush and Jayme Rush v. City of Fairfield, Zachary Sandoval, and Dustin Joseph, U.S. District Court, Eastern District of California, Case No. 2:21- cv-01120-WBS-KJN) with attorneys Patrick Moriarty and John Robinson. Attorneys Patrick Moriarty and John Robinson left the meeting at the end of item #1.

The City Council went into a closed session on Item #2 (Dawkins-Padigela v. City of Fairfield, et al., Solano County Superior Court, Case No. FCS056992) with Acting City Manager Farbod Pirouzmand.

The City came out of the closed session and went back into the open session. Mayor Moy adjourned the meeting.

______________________________
City Attorney
________________________________
Mayor

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CITY OF FAIRFIELD CITY

COUNCIL REGULAR

MEETING
TUESDAY, OCTOBER 3, 2023; 6:00 PM
COUNCIL CHAMBER, 1000 WEBSTER STREET, FAIRFIELD,
CA 94533 OR VIA ZOOM

MINUTES

CALL TO ORDER

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

ROLL CALL

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

INVOCATION

Worship Pastor Alonzo Brown of Fairfield Church of Christ gave an invocation.

PLEDGE OF ALLEGIANCE

Councilmember Carr led the Pledge of Allegiance.

COUNCIL REPORTS

Councilmember Carr reported that local soccer teams have outgrown their facility. He said he looked forward to attending the Vine to Table event located downtown on October 7. He shared that he had completed his city facility tours and thanked the staff for their assistance. Lastly, he reported that a Peafowl Workshop would be held at Rolling Hills Elementary School on Saturday, October 14, at 9 a.m.

Lastly, he reported he is working on a plan to open new soccer fields since we have outgrown the Octo Inn Soccer Park.

Vice Mayor Bertani stated she was looking forward to a solution-oriented meeting regarding the peafowl on October 14. She thanked the Fairfield Clergy Action Network (CAN) for stepping up again this year to hold an annual Thanksgiving meal at the Fairfield Community Center on November 21, 12:30-2:30 p.m. She shared that 70 turkeys have been donated. Volunteers are needed to help serve.

Next, she thanked the neighborhood support team , who met monthly and worked on the LLMD issues.

They will present it to the council later this month. She thanked them for their time. Lastly, she wished retired Sgt. Major Jesse Branch a happy 90th birthday and thanked him for his military service in the U.S.

Marine Corps and service to the community.

Councilmember Panduro reported she and several colleagues from Fairfield attended the Annual League of California Cities Conference and Expo in Sacramento on September 20-22, which is a chance for councilmembers and mayors in the state to talk about policy and advocacy. Some of the topics included the fentanyl crisis, emergency preparedness, and combatting rising hate crimes . She reported that she attended the Latino Caucus, which was created 50 years ago. Next, she shared that the City of Fairfield is part of the North Bay Division and that they held a luncheon swearing in a new board and honoring outgoing board members, including immediate past president Alma Hernandez (Mayor of Suisun).

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Next, Councilmember Panduro reported she attended the Civic Leaders Breakfast at Travis Air Force Base. TAFB has a Spark Challenge Program, which encourages entrepreneurship on base. Lastly, she reported she and Councilmember Vaccaro attended the CAP Solano Regional Homeless meeting.

Councilmember Vaccaro shared that the League of California Cities Annual Conference was his fifteenth! One of his favorite sessions was hosted by the City of Rialto on how they’re addressing homelessness. He shared that the luncheon which honored Suisun City Mayor Alma Hernandez was special and he said he and his colleagues are proud of her. Next, he reported h e attended the ribbon cutting at Beck Avenue Navigation Ce nter (formerly Shelter Solano) for its new dining hall and kitchen. Lastly, he shared that he attended the Leaven Kids Annual Gala, where t hey honored late Fairfield Mayor Harry Price , who was instrumental to the success of Leaven’s Kids. His legacy and impact will forever be reflected in the Leaven Kids mission.

Councilmember Tonnesen reported that over 1,000 elected officials from California attended the League of CA Cities Conference. He spoke about the issue of child safety at Markeley Lane and said that more information would be forthcoming at a future meeting.

Councilmember Williams shared that her dear Uncle James had passed away two weeks ago. She said that “health is wealth,” and it makes her more determined to focus on her own health journey (“Fit & Fine”) and to become more active. She discovered the pool at the Aquatics Complex in Allan Witt and invited anyone to swim and exercise (Aqua Aerobics) with her on Sunday mornings. She thanked Director of Parks & Recreation Kristina Kaunzinger and staff for all the great programs they offer the public for people to help prioritize their health and wellness. She said that she appreciates how great the staff are at customer service.

Mayor Moy reported that on October 6 at 5 p.m., the community and Fairfield Police Department would recognize Faith and Blue weekend, which is a national celebration to honor our policemen and women with the faith community. The event will be held in the Courtyard of City Hall at 1000 Webster Street.

Next, she congratulated the IT Department for its “Quality in IT Practices Award,” which was presented by the Municipal Information Systems Association of California (MISAC) on September 26. Mayor Moy also congratulated Detective Shane Raftery of the Police Department for his participation in the FBI task force dubbed Operation P.E.A.C.E. to combat violent crime in Solano County. She made remarks about the issue of child safety at Markeley Lane.

CITY MANAGER REPORT

Acting City Manager and Director of Human Resources Farbod Pirouzmand had nothing to report.

There were no changes to the agenda.

CITY ATTORNEY REPORT

Assistant City Attorney Brandi Robinson reported that at the July 18, 2023, closed session meeting, the City Council approved a compromise and release settlement (FFL 2300049) with Mr. Steven Carnahan in the amount of $68,500. She stated that the Workers’ Compensation Appeals Board approved the settlement on September 15.

CITY CLERK REPORT

City Clerk Karen Rees reported that volunteers are needed for the Veterans Day Parade on November 11 to act as parade pacers and ambassadors.

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PRESENTATIONS

1. Proclamation declaring Fire Prevention Week presented by Mayor Catherine "Cat" Moy to Fire Inspector Bryan Just and staff.

2. Proclamation declaring Water Professionals Week presented by Councilmember Rick Vaccaro to Michael Hether, Assistant Public Works Director, Utilities, and staff. declaring

3. Proclamation declaring Digital Inclusion Week presented by Councilmember K. Patrice Williams to Public Works Sr. Management Analyst Shawn Smith. Sr. Management Analyst Marisa Cumpian and Director of Information Technology Savita Chaudhary were at a conference.

4. Proclamation declaring Cybersecurity Month presented by Councilmember Doug Carr to IT Infrastructure and Cybersecurity Manager Eudora Fleischman and IT Manager Peter Perez. Cybersecurity and Infrastructure Security Agency (CISA) Advisor for the Bay Area gave a short presentation emphasizing the importance of cybersecurity.

PUBLIC COMMENTS

Michael Hayes spoke in opposition to the proposed new development by Flannery Associates LLC.

Matthew Ladeux (via Zoom) spoke about Markeley Lane and stated he would attend the next Council meeting in person.

CONSENT CALENDAR

5. Approval of Meeting Minutes from August 2023

Resident John Takeuchi asked for Item 6 to be pulled for discussion. He asked why the council was considering it. Mayor Moy responded that several churches are doing it , and that’s why the council supports it.

6. Second Reading of Ordinance 2023-11 of the City Council of the City of Fairfield Establishing a Safe Parking Program, Permit Process, and Adopting Operational Standards

Councilmember Vaccaro made a motion to approv e Item 6. Vice Mayor Bertani seconded the motion. The motion carried unanimously (7 -0).

7. Resolution 2023-249 of the City Council of the City of Fairfield Approving an Application for Funding and the Execution of a Grant Agreement and Any Amendments Thereto from the 2023- 2024 Funding Year of the State Emergency Solutions Grant Program, Balance of State Allocation Notice of Funding Availability

8. Minute Action Amending the Landscape Oversight Committee Guidelines and Duties

9. Resolution 2023-250 of the City Council of the City of Fairfield Approving and Authorizing the Execution of the Third Amendment to the Disposition and Development Agreement Between the City of Fairfield and Lionext, Inc.

10. Resolution 2023-251 of the City Council of the City of Fairfield Approving the Second Amendment to Lease Agreement Between the City and T-Mobile West, LLC, for the Cellular Site Located at 1000 Cement Hill Road, More Commonly Known as Laurel Creek Park

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11. Resolution 2023-252 of the City Council of the City of Fairfield Authorizing the City Manager to Execute Amendment No. 2 to a Professional Services Agreement Between the City of Fairfield and West Yost Associates for On-Call Water System Geographic Information System Updates and Hydraulic Modeling Services

12. Resolution 2023-253 of the City Council of the City of Fairfield Approving Acceptance of the California Office of Traffic Safety 2023-2024 Selective Traffic Enforcement Program (STEP) Grant and Approval of Activities to Reduce Traffic Collisions and Fatalities Due to U nsafe Driving

Vice Mayor Bertani made a motion to approve the Consent Calendar, excluding Item 6. Councilmember Panduro seconded the motion. The motion carried unanimously (7-0).

NEW BUSINESS

13. Minute Action Approving Appointments to the Landscape Oversight Committee

Councilmember Vaccaro made a motion to approve the appointments to the Landscape Oversight Committee. Councilmember Tonnesen seconded the motion. The motion carried unanimously (7-0).

City Clerk Rees administered the Oath of Office to the following new members of the Landscape Oversight Committee. Two members were unable to attend and will be sworn in later.

District 1 – Reginald Nelson
District 2 – Kim Letterman
District 3 – Victoria Cook (unable to attend)
District 4 – Rick Johnson
District 5 – James Carr (unable to attend)
District 6 – Patricia Pimentel
At-Large – Carlos Davila

ADJOURNED MEETING AT 7:12 P.M. TO TUESDAY, OCTOBER 17, 2023, 6:00 P.M., COUNCIL CHAMBER.

_________________________
Mayor

_______________________
City Clerk
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CITY OF FAIRFIELD

SPECIAL MEETING

STUDY SESSION
TUESDAY, OCTOBER 10, 2023; 6:00 PM POLICE
TRAINING FACILITY, 1717 REX CLIFT DRIVE,
FAIRFIELD, CA 94533

MINUTES

CALL TO ORDER

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

ROLL CALL

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

PLEDGE OF ALLEGIANCE

City Clerk Karen Rees led the Pledge of Allegiance.

PUBLIC COMENTS

There were no members of the public present.

Mayor Moy asked for a moment of silence for the victims of war in Israel and Palestine.

PRESENTATIONS

1. IT Senior Management Analyst Shawn Smith and Public Works Senior Management Analyst Marisa Cumpian gave a presentation on Broadband. IT Senior Analyst Jasmin Acuna and CEO David Holstock of Geographic Technologies Group gave a presentation on the GIS Master Plan, Assessment and Strategy and answered questions from City Council.

The meeting was adjourned at 6:53 p.m.

_________________________
Mayor

______________________
City Clerk
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CITY OF FAIRFIELD

FAIRFIELD CITY COUNCIL

CLOSED SESSION
TUESDAY, OCTOBER 17, 2023; 5:00 PM
CITY HALL, CITY MANAGER'S OFFICE, 1000 WEBSTER STREET, 4TH FLOOR, FAIRFIELD, CA 94533 OR VIA ZOOM

MINUTES

CALL TO ORDER

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

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

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

No members of the public were present. No one asked to speak at public comment either in person or via Zoom.

The City Council went into closed session on Item #1 - Conference with Legal Counsel on Existing Litigation - Michael Ambrose Compromise and Release Agreement (Claims Nos. FFL2100050 and FFL2100041) with City Manager David Gassaway, City Attorney David Lim, Angela Broaddus, Farbod Pirouzmand, and Attorney Shannon Ripple (Zoom).

The City Council went into closed session on Item #2 - Public Employee Performance Evaluation: City Attorney with City Manager David Gassaway and City Attorney David Lim

The City came out of the closed session and went back into the open session. City Attorney David Lim announced that regarding Item #1, the City Council approved a settlement in the matter of Michael Ambrose Compromise (Claims Nos. FFL2100050 and FFL2100041) in the amount of $60,0 00.

Mayor Moy adjourned the meeting at 5:32 p.m.

______________________________
City Attorney
________________________________
Mayor

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CITY OF FAIRFIELD

FAIRFIELD CITY COUNCIL

REGULAR MEETING
TUESDAY, OCTOBER 17, 2023; 6:00 PM
COUNCIL CHAMBER, 1000 WEBSTER STREET, FAIRFIELD,
CA 94533 OR VIA ZOOM

MINUTES

CALL TO ORDER

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

ROLL CALL

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

INVOCATION

Pastor Joe Smith of Calvary Baptist Church gave an invocation.

PLEDGE OF ALLEGIANCE

Councilmember Williams led the Pledge of Allegiance.

COUNCIL REPORTS

Councilmember Carr attended the Vine to Table event hosted by the Community Services Foundation.

He said he highly recommends that people buy tickets early next year as it’s a popular event. He shared that he attended the peafowl town hall meeting and that it was very productive.

Vice Mayor Bertani spoke about the peafowl meeting and said there was more consensus than difference after the two-hour meeting. She reported that there would be a follow-up meeting and that she is looking forward to a solution that everyone can live with. She thanked her colleagues for attending the meeting. Lastly, she reported that the Clergy Action Network (CAN) would host another annual Thanksgiving meal on Tuesday, November 21 at noon in Willow Hall and that they need volunteers. Over 70 turkeys were donated! Lastly, she congratulated Sgt. Major Jesse Branch , on celebrating his 90th birthday. She thanked Bethel Community Church for hosting his party.

Councilmember Panduro reported she could not attend the peafowl meeting as she was a panelist at the Annual California Association of Student Councils Conference, a non-profit, student-led youth leadership and advocacy organization committed to empowering youth. She reported on an exhibition at Solano Community College celebrating Dia de Los Muertos (Day of the Dead) from October 17-30.

Next, she invited the community to attend the grand opening of Food 4 Less on October 18. Lastly, she shared that the North Texas Street Business Association (NTSBA) would hold a business meeting on October 18 at noon at Your Town’s Café.

Councilmember Vaccaro shared that he enjoyed the Vine to Table event and looks forward to attending next year. He reported he attended the Valley Strong Credit Union grand opening on Oliver Road , along with Councilmember Tonnesen. He asked that people keep those suffering due to war in the Middle Packet Page 15 of 129Attachment 5 Page 1 of 5

East region in their prayers.

Councilmember Tonnesen thanked the Fire Department staff for the fantastic Open House for Fire Prevention Week held at Fire Station 37 on October 12 . He said that the staff always does an outstanding job. He attended the professional 2023 Fairfield Challenger Tennis Tournament on October 15 at the Solano Community College, where athletes played on hard courts.

Councilmember Williams reported she attended the 2023 California Forward Economic Summit in Indian Wells on October 11-13. The Summit’s bipartisan network of business, equity, environmental and civic organizations is unique in championing solutions that meet the triple bottom line — balancing equity, environmental sustainability, and economic growth. She was proud to represent Fairfield among the 800 participants from local and state governments and non-profits.

Mayor Moy shared that she attended a Rally for Israel at Chabad Solano Center for Jewish Life hosted by Rabbi Chaim Zaklos, honoring those who were murdered or kidnapped by Hamas in the war on Israel on October 7. She said it was a very somber event. Next, she reported that Flannery Associates would present at the next board meeting of the Solano County Water Agency (of which she is a member) on November 9. The meeting is open to the public. Next, she thanked all who attended the peafowl town hall meeting and thanked Vice Mayor Bertani for leading the meeting. Lastly, she shared that she was named a Solano County Woman of the Year by Assemblymember John Garamendi and other women leaders. She stated that she was proud to be among such accomplished women.

CITY MANAGER REPORT

City Manager David Gassaway reported that he met with the new owners of Solano Town Center, Spinoso Real Estatess Group their vision is in line with City Council’s vision for the mall. He said more information would follow at a future meeting. He invited the community to visit the Pumpkin Patch Festival at the Western Railway Museum, hosted by local rotary groups. They raise funds for youth programs. Lastly, he stated there were no changes to the agenda.

CITY ATTORNEY REPORT

City Attorney David Lim did not have anything to report.

CITY CLERK REPORT

City Clerk Karen Rees reported that volunteers are needed for the Veterans Day Parade.

PRESENTATIONS

1. Proclamation declaring Breast Cancer Awareness Month Presented by Mayor Catherine "Cat" Moy to Jason and Donna Quintero, co-founders of Pink Lemonade, Inc.

2. Fairfield Poet Laureate Suzanne Bruce read her original poem “Voyage rs” in honor of Filipino American History Month. Finance employee Lycel Marin read the poem in Tagalog. Councilmember Vaccaro presented a proclamation for the occasion to his lovely wife, Sue Vaccaro, President of the Filipino American Chamber of Commerce.

PUBLIC COMMENTS

Jeff Trager spoke about upcoming events at the Downtown Theatre.

Packet Page 16 of 129Attachment 5 Page 2 of 5

Dr. Jerry Collins recommended that the City Council appoint Interim Fire Chief John Sturdee as the permanent Fire Chief. Dr. Collins submitted a petition with signatures.

Matt Bidou and Gary Wingo spoke about Markeley Lane.

Carol Hummel spoke about shared that she is pleased with the new golf course management company.

Gregory Dillard, Dana Williams, Lucy (no last name), and Felicia Kenny spoke about the horrible living conditions at Gateway Villages.

CONSENT CALENDAR

3. Resolution 2023-254 of the City Council of the City of Fairfield Accepting the Fairfield Highway Safety Improvement Program Cycle 9 Guardrail Replacement Project, Federal Aid Project No.

HSIPL-5132(052) as Complete

4. Resolution 2023-255 of the City Council of the City of Fairfield Declaring Its Intention to Annex Territory (Fairfield Industrial Center Buildings 2 & 3) to Community Facilities District No. 2012-2 and Authorizing the Levy of Special Taxes Therein for Annexation No. 65

5. Resolution 2023-256 of the City Council of the City of Fairfield Approving the City of Fairfield Homeless Services Manager as a Government Representative on the Housing First Solano Continuum of Care Board

Councilember Tonnesen made a motion to approve the Consent Calendar. Councilmember Panduro seconded the motion. The motion carried unanimously (7-0).

NEW BUSINESS

6. Receive Update on Community Action Partnership Solano Joint Powers Authority (CAP Solano JPA). Councilmembers Panduro and Vaccaro gave a presentation. City Council received the report.

Mayor Moy called a ten-minute recess.

7. Director of Parks & Recreation Kristina Kaunzinger recommended to Council that it approve Resolution 2023-257 of the City Council of the City of Fairfield approving a Management Agreement with Touchstone Golf, LLC for Operation and Maintenance of the Ranch o Solano and Paradise Golf Courses.

Martin from Touchstone Golf, LLC spoke on Item 7.

Councilmember Tonnesen made a motion to approve Resolution 2023-257 with an amendment to change the wording in Section 1 from Exhibit A to Attachments 2 and 3. Vice Mayor Bertani seconded the motion. The motion carried unanimously (7-0).

8. Public Works Sr. Management Analyst Chris Lewis recommended to Council that it approve Resolution 2023-258 of the City Council of the City of Fairfield Declaring the Results of a Special Election for the City of Fairfield Community Facilities District No. 2023 -2 (Train Station Specific Plan II) and Directing the Recording of a Notice of Special Tax Lien; and

Packet Page 17 of 129Attachment 5 Page 3 of 5

Waive First Reading and Introduction of Ordinance 2023-12 of the City Council of the City of Fairfield Authorizing the Levy of a Special Tax Within the City of Fairfield Community Facilities District No. 2023- 2 (Train Station Specific Plan II).

Barbara Pascal (online) spoke on Item 8.

Mayor Moy made a motion to approve Resolution 2023-258. Councilmember Carr seconded the motion. The motion carried unanimously (7-0).

City Clerk Rees opened the ballots and later reported that 199.5 votes were in favor of the ballot measure and that 5.66 were in opposition to the ballot measure. Since there was a two -thirds majority in favor of the ballot measure, she read that “The resolution declaring election results and directing the recording of a Notice of Special Tax Lien shall be adopted.”

Mayor Moy made a motion to waive the first reading, read by title only, and introduce Ordinance 2023- 12 for the first reading. Vice Mayor Bertani seconded the motion. The motion carried unanimously (7- 0).

9. Public Works Sr. Management Analyst Chris Lewis opened a d iscussion and asked the Council for direction r egarding the Failed June 2023 Proposition 218 Vote for Seven Landscaping and Lighting Maintenance Districts.

The following individuals spoke on Item 9: John Takeuchi, June Johnsen, Rick Johnson, Carol Hummel, and Frank Andrews.

After a lengthy discussion, Mayor Moy made a motion to direct staff to engage in a community survey of all seven districts that did not pass and to bring it back to City Council once the results are in for a debriefing. Councilmember Carr seconded the motion. The motion carried unanimously (7-0).

10. Option 1: Resolution 2023-259 of the City Council of the City of Fairfield Authorizing a Community Development Department/Public Works Department Application Fee Waiver for City Church Entitlements Relating to Homeless Shelter Services at 743 E Tabor Avenue

Option 2: Resolution 2023-260 of the City Council of the City of Fairfield Denying a Community Development Department/Public Works Department Application Fee Waiver Request for City Church Entitlements Relating to Homeless Shelter Services at 743 E Tabor Avenue

City Attorney Lim made a statement for the record that this item is a request from Pastor Scott Mulvey of City Church requesting a fee waiver for entitlement applications. This is all that is before City Council tonight to decide on.

Principal Planner Meily Sheehan gave a presentation and informed Council that they could select Option 1 or Option 2 or neither. After a lengthy discussion, Option 2 was chosen.

Councilmember Tonnesen made a motion to approve Resolution 2023-260 (Option 2). Councilmember Carr seconded the motion. City Clerk Rees took a roll call vote. Everyone voted yes, with the exception of Vice Mayor Bertani, who voted no. Motion passed 6-1.

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PUBLIC HEARINGS

11. Principal Planner Meily Sheehan recommended to Council that it open the Public Hearing and; approve Resolution 2023-261 of the City Council of the City of Fairfield Denying Amendment Requests to the Train Station Specific Plan (SP2022-001)

Mayor Moy opened the public hearing. Frank Andrews spoke. Geoff Griffin of North Point Development spoke. Mayor Moy closed the public hearing. The City Council discussed the matter with City Staff and received additional input from the applicant.

Councilmember Vaccaro made a motion to approve Resolution 2023-261. Councilmember Tonnesen seconded the motion. Motion passed 7-0. The council directed staff to continue discussion on the project with the developer.

ADJOURNED AT 10:33 P.M. TO TUESDAY, NOVEMBER 7, 2023, 6:00 P.M., COUNCIL CHAMBER.

_______________________________
City Clerk

________________________________
Mayor

Packet Page 19 of 129Attachment 5 Page 5 of 5

Agenda Item No: 5.

AGENDA REPORT
DATE:December 5, 2023
TO:Mayor and City Council
FROM:David Gassaway, City Manager
SUBJECT:Resolution 2023281 of the City Council of the City of Fairfield Adopting a Contract Between the City of Fairfield and the County of Solano to Administer the American Rescue Plan Act Funds for the Beck Avenue Navigation Center RECOMMENDED ACTION
Adopt resolution.

STATEMENT OF ISSUE
To provide a place for homeless persons to take shelter who might otherwise spend the night on the streets, sidewalks, or parks of the city, the City of Fairfield has made efforts to increase availability and access to emergency shelter consistent with the City Council's goals and priorities.

DISCUSSION
The COVID19 pandemic had an enormous impact on the City's local economy, as well as the state and national economy. The president signed into law the American Rescue Plan Act of 2021 (ARPA) which provides $65 million in relief for cities, and the City was allocated $19.8 million in ARPA funds to mitigate the fiscal impact of the COVID19 pandemic.

The City Council approved ARPA funding in the amount of $1.5 million at the City Council meeting on August 17, 2021, for a Fairfield Navigation Center, specifically SHELTER Inc., located at 310 Beck Avenue. The council supports the conversion of the shelter into a Navigation Center as it aligns with the council’s goal to reduce homelessness and the impacts of homelessness.

Through the Community Action Partnership of Solano Joint Powers Authority (CAP Solano JPA), ARPA funds were dedicated to support a variety of deferred maintenance projects and to increase bed capacity at the Beck Avenue Navigation Center. Due to capacity limits at CAP Solano JPA, the City desires to enter into a contract with the County of Solano and manage the ARPA funds on behalf of CAP Solano JPA.

The Solano County Board of Supervisors approved a contract between the City of Fairfield and the County of Solano to begin on December 1, 2023, and terminate on September 30, 2024, supporting Packet Page 20 of 129

Agenda Item No: 5.AGENDA REPORTDATE:December 5, 2023 TO:Mayor and City CouncilFROM:David Gassaway, City ManagerSUBJECT:Resolution 2023281 of the City Council of the City of Fairfield Adopting a ContractBetween the City of Fairfield and the County of Solano to Administer the AmericanRescue Plan Act Funds for the Beck Avenue Navigation CenterRECOMMENDED ACTIONAdopt resolution.STATEMENT OF ISSUETo provide a place for homeless persons to take shelter who might otherwise spend the night on thestreets, sidewalks, or parks of the city, the City of Fairfield has made efforts to increase availability andaccess to emergency shelter consistent with the City Council's goals and priorities.DISCUSSIONThe COVID19 pandemic had an enormous impact on the City's local economy, as well as the state andnational economy. The president signed into law the American Rescue Plan Act of 2021 (ARPA) whichprovides $65 million in relief for cities, and the City was allocated $19.8 million in ARPA funds tomitigate the fiscal impact of the COVID19 pandemic.The City Council approved ARPA funding in the amount of $1.5 million at the City Council meeting onAugust 17, 2021, for a Fairfield Navigation Center, specifically SHELTER Inc., located at 310 BeckAvenue. The council supports the conversion of the shelter into a Navigation Center as it aligns with thecouncil’s goal to reduce homelessness and the impacts of homelessness. Through the Community Action Partnership of Solano Joint Powers Authority (CAP Solano JPA), ARPAfunds were dedicated to support a variety of deferred maintenance projects and to increase bedcapacity at the Beck Avenue Navigation Center. Due to capacity limits at CAP Solano JPA, the Citydesires to enter into a contract with the County of Solano and manage the ARPA funds on behalf ofCAP Solano JPA.

The proposed contract amount is $800,000 which exceeds the city manager’s signing authority and requires council approval.

FINANCIAL IMPACT
N/A
PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
N/A
ALTERNATIVE ACTION
The council may choose not to adopt the resolution. However, this does not align with the council's goals and priorities.

STAFF CONTACT
Samantha Burrows, Homeless Services Manager
(707) 4287749
[email protected]
COORDINATED WITH
Solano County CAP Solano JPA
ATTACHMENTS:

Description
Proposed Resolution
Proposed Contract Between the City of Fairfield and the County of Solano REVIEWERS:

Reviewer Action Date
Samantha, Samantha Approved 11/16/2023 5:04 PM
Beavers, Esther Approved 11/20/2023 1:09 PM
Packet Page 21 of 129

CITY OF FAIRFIELD

RESOLUTION NO. 2023-281

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAIRFIELD ADOPTING A CONTRACT

BETWEEN THE CITY OF FAIRFIELD AND THE COUNTY OF SOLANO TO ADMINISTER THE

AMERICAN RESCUE PLAN ACT FUNDS FOR THE BECK AVENUE NAVIGATION CENTER

WHEREAS, the COVID-19 pandemic had an enormous impact on the City of Fairfield’s local economy, as well as the state and national economy; and

WHEREAS, the president signed into law the American Rescue Plan Act of 2021 (ARPA), which provides $65 billion in relief for cities; and

WHEREAS, the City of Fairfield was allocated $19.8 million in ARPA funds to mitigate the fiscal impact of the COVID-19 pandemic; and

WHEREAS, the City Council approved APRA funding in the amount of $1.5 million at the City Council meeting on August 17, 2021, for a Fairfield Navigation Center, specifically SHELTER Inc., located at 310 Beck Avenue; and

WHEREAS, the council supports the conversion of the shelter into a Navigation Center as it aligns with the council’s goal to reduce homelessness and the impacts of homelessness; and

WHEREAS, through the Community Action Partnership of Solano Joint Powers Authority (CAP Solano JPA), ARPA funds were dedicated to support a variety of deferred maintenance projects and to increase bed capacity at the Beck Avenue Navigation Center; and

WHEREAS, due to capacity limits at CAP Solano JPA, the City desires to enter into a contract with the County of Solano and manage the ARPA funds on behalf of CAP Solano JPA; and

WHEREAS, the Solano County Board of Supervisors approved a contract between the City of Fairfield and the County of Solano to begin on December 1, 2023, and terminate on September 30, 2024, supporting the City of Fairfield administering the ARPA funds, not to exceed $800,000; and

WHEREAS, the proposed contract amount is $800,000, which is over the city manager’s signing authority.

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

Section 1. The adoption of the contract between the City of Fairfield and the County of Solano to Administer the ARPA funds for the Beck Avenue Navigation Center.

Packet Page 22 of 129Attachment 1 Page 1 of 2

RES. NO. 2023-281

Page 2 ends

Section 2. The city manager is hereby authorized and directed to execute the contract between the City of Fairfield and the County of Solano to administer the ARPA funds for the Beck Avenue Navigation Center.

PASSED AND ADOPTED this 5th day of December, 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 129Attachment 1 Page 2 of 2

County of Solano
Standard Contract
For County Use Only
CONTRACT NUMBER:
(Dept., Division, FY, #)
BUDGET ACCOUNT:

SUBOBJECT ACCOUNT:

1.This Contract is entered into between the County of Solano and the Contractor named below:

CONTRACTOR’S NAME BUSINESS FORM

2.The Term of this Contract is:

3.The maximum amount of this Contract is:
$

4.The parties agree to comply with the terms and conditions of the following exhibits which are by this reference made a part of this Contract:

Exhibit A – Scope of Work
Exhibit B – Budget Detail and Payment Provision
Exhibit C – General Terms and Conditions
Exhibit D – Special Terms and Conditions
This Contract is made on _______________, 20 .

CONTRACTOR COUNTY OF SOLANO
_________________________________________________________________________ CONTRACTOR’S NAME
______________________________________

AU THORIZED SIGNATURE
______________________________________
TITLE
____________________________________________________

ADDRESS
____________________________________________________

CITY STATE ZIP CODE Approved as to Content:
______________________________________

DEPARTMENT HEAD OR DESIGNEE
Approved as to Form:
______________________________________

COUNTY COUNSEL
________________________________________________________________

SIGNATURE
_________________________________________________________________________

PRINTED NAME AND TITLE
__________________________________________________________________

ADDRESS
___________________________________________________________________

CITY STATE ZIP CODE Rev. 12/11/20

CONTRACT MUST BE EXECUTED BEFORE WORK CAN COMMENCE
Packet Page 24 of 129Attachment 2 Page 1 of 18

County of Solano Exhibit A
Standard Contract Scope of Work

City of Fairfield Contract COF-04-ARPA Page 2 of 18

EXHIBIT A

SCOPE OF WORK

Contractor shall be responsible for the following:

As approved by the Solano County Board of Supervisors, American Rescue Plan Act (ARPA) funds will be provided to the City of Fairfield to support the Navigation Center located at 310 Beck Ave and operated by SHELTER Solano. Funding will be used for various projects to support increasing shelter capacity from 70 to 130 people as well as a variety of deferred maintenance projects. Projects include but are not limited to completion of the Culinary Institute Teaching Kitchen, transformation of the previous dining center into a Wellness Center, update the Welcome Center, update the laundry facilities, and other projects to ensure the facility is functional and maintained.

County shall be responsible for the following:

1. Providing information to the Board of Supervisors on the performance of Contractor under this contract.

2. Providing a systematic way for reporting performance under the contract.

3. Identifying any additional reporting requirements required under ARPA and communicating the requirements to Contractor.

Packet Page 25 of 129Attachment 2 Page 2 of 18

County of Solano Exhibit B
Standard Contract Budget

City of Fairfield Contract COF-04-ARPA Page 3 of 18

EXHIBIT B

BUDGET DETAIL AND PAYMENT PROVISIONS

1. METHOD OF PAYMENT

A. Upon submission of financial data (invoice) by Contractor, and upon approval by County, County shall pay Contractor in two lumps sums:
a. $600,000 upon execution of the contract
b. $200,000 upon completion of projects.

Total payment shall not exceed $800,000.

Invoice must identify corresponding ARPA Project Number 57-061-06CAOHME and JL Key 061- 06 for each expenditure.

B. Contractor must maintain backup documentation onsite that supports the financial data submitted to County. Contractor shall make available this backup documentation upon request of County.

C. No other expenses shall be allowed.

Packet Page 26 of 129Attachment 2 Page 3 of 18

County of Solano Exhibit C
Standard Contract General Terms

City of Fairfield Contract COF-04-ARPA Page 4 of 18

EXHIBIT C

GENERAL TERMS AND CONDITIONS

1. CLOSING OUT

A. County will pay Contractor's final request for payment providing Contractor has paid all financial obligations undertaken pursuant to this Contract or any other contract and/or obligation that Contractor may have with the County. If Contractor has failed to pay any obligations outstanding, County will withhold from Contractor's final request for payment the amount of such outstanding financial obligations owed by Contractor. Contractor is responsible for County's receipt of a final request for payment 30 days after termination of this Contract.

B. A final undisputed invoice shall be submitted for payment no later than ninety (90) calendar days following the expiration or termination of this Contract, unless a later or alternate deadline is agreed to in writing by the County. The final invoice must be clearly marked “FINAL INVOICE”, thus indicating that all payment obligations of the County under this Contract have ceased and that no further payments are due or outstanding.

C. The County may, at its discretion, choose not to honor any delinquent final invoice if the Contractor fails to obtain prior written approval of an alternate final invoice submission deadline. Written County approval for an alternate final invoice submission deadline shall be sought from the County prior to the expiration or termination of this Contract.

2. TIME

Time is of the essence in all terms and conditions of this Contract.

3. TIME OF PERFORMANCE

Work will not begin, nor claims paid for services under this Contract until all Certificates of Insurance, business and professional licenses/certificates, IRS ID number, signed W-9 form, or other applicable licenses or certificates are on file with the County’s Contract Manager.

4. TERMINATION

A. This Contract may be terminated by County or Contractor, at any time, with or without cause, upon 30 days’ written notice from one to the other.

B. County may terminate this Contract immediately upon notice of Contractor’s malfeasance.

C. Following termination, County will reimburse Contractor for all expenditures made in good faith that are unpaid at the time of termination not to exceed the maximum amount payable under this Contract unless Contractor is in default of this Contract.

5. SIGNATURE AUTHORITY

The parties executing this Contract certify that they have the proper authority to bind their respective entities to all terms and conditions set forth in this Contract.

6. REPRESENTATIONS
Packet Page 27 of 129Attachment 2 Page 4 of 18

County of Solano Exhibit C
Standard Contract General Terms

City of Fairfield Contract COF-04-ARPA Page 5 of 18

A. County relies upon Contractor's professional ability and training as a material inducement to enter into this Contract. Contractor represents that Contractor will perform the work according to generally accepted professional practices and standards and the requirements of applicable federal, state and local laws. County's acceptance of Contractor's work shall not constitute a waiver or release of Contractor from professional responsibility.

B. Contractor further represents that Contractor possesses current valid appropriate licensure, including, but not limited to, driver’s license, professional license, certificate of tax- exempt status, or permits, required to perform the work under this Contract.

7. INSURANCE

A. Without limiting Contractor's obligation to indemnify County, Contractor must procure and maintain for the duration of the Contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work under this Contract and the results of that work by Contractor, Contractor’s agents, representatives, employees or subcontractors.

B. Minimum Scope of Insurance
Coverage must be at least as broad as:
(1) Insurance Services Office Commercial General Liability coverage (occurrence Form CG 00 01).
(2) Insurance Services Office Form Number CA 00 01 covering Automobile Liability, Code 1 (any auto).
(3) Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance.

C. Minimum Limits of Insurance
Contractor must maintain limits no less than:

(1) General Liability:
(Including operations,
products and completed
operations.)

$2,000,000 per occurrence for bodily injury,
personal injury and property damage, or
the full per occurrence limits of the
policy, whichever is greater. If
Commercial General Liability insurance
or other form with a general aggregate
limit is used, either the general
aggregate limit shall apply separately to
this project/location or the general
aggregate limit shall be twice the
required occurrence limit.

(2) Automobile Liability:

$1,000,000 per accident for bodily injury and
property damage.

(3) Workers’
Compensation:

As required by the State of California.

(4) Employer’s Liability: $1,000,000 per accident for bodily injury or disease.

Packet Page 28 of 129Attachment 2 Page 5 of 18

County of Solano Exhibit C
Standard Contract General Terms

City of Fairfield Contract COF-04-ARPA Page 6 of 18

D. Additional Insurance Coverage
To the extent coverage is applicable to Contractor’s services under this Contract, Contractor must maintain the following insurance coverage:

(1) Cyber Liability: $1,000,000 per incident with the aggregate limit twice the required limit to cover the full
replacement value of damage to,
alteration of, loss of, or destruction of
electronic data and/or information
property of the County that will be in the
care, custody or control of Contractor
under this Contract.

(2) Professional Liability:

$2,000,000 combined single limit per claim and in
the aggregate. The policy shall remain
in full force and effect for no less than 5
years following the completion of work
under this Contract.

E. If Contractor maintains higher limits than the minimums shown above, County is entitled to coverage for the higher limits maintained by Contractor. Any insurance proceeds in excess of the specified limits and coverage required, which are applicable to a given loss, shall be available to the County. No representation is made that the minimums shown above are sufficient to cover the indemnity or other obligations of the Contractor under this Contract.

F. Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by County.

At the option of County, either:
(1) The insurer will reduce or eliminate such deductibles or self-insured retentions with respect to County, its officers, officials, agents, employees and volunteers; or (2) Contractor must provide a financial guarantee satisfactory to County guaranteeing payment of losses and related investigations, claim administration, and defense expenses.

G. Other Insurance Provisions
(1) The general liability and automobile liability policies must contain, or be endorsed to contain, the following provisions:
(a) The County of Solano, its officers, officials, agents, employees, and volunteers must be included as additional insureds with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of Contractor; and with respect to liability arising out of work or operations performed by or on behalf of Contractor including materials, parts or equipment furnished in connection with such work or operations. General Liability coverage shall be provided in the form of an Additional Insured endorsement (CG 20 10 11 85 or both CG 20 10 and CG 20 37 if later ISO revisions are used or the equivalent) to Contractor’s insurance policy, or as a separate owner’s policy. The insurance afforded to the additional insureds shall be at least as broad as that afforded to the first named insured.

Packet Page 29 of 129Attachment 2 Page 6 of 18

County of Solano Exhibit C
Standard Contract General Terms

City of Fairfield Contract COF-04-ARPA Page 7 of 18

(b) For any claims related to work performed under this Contract, Contractor’s insurance coverage must be primary insurance with respect to the County of Solano, its officers, officials, agents, employees, and volunteers. Any insurance maintained by County, its officers, officials, agents, employees, or volunteers is excess of Contractor’s insurance and shall not contribute to it.

(2) If Contractor’s services are technologically related, Professional Liability coverage shall include, but not be limited to claims involving infringement of intellectual property, copyright, trademark, invasion of privacy violations, information theft, release of private information, extortion and network security. The policy shall provide coverage for breach response costs as well as regulatory fines and penalties as well as credit monitoring expenses with limits sufficient to respond to such obligations. The policy shall also include, or be endorsed to include, property damage liability coverage for damage to, alteration of, loss of, or destruction of electronic data and/or information “property” of the County in the care, custody, or control of the Contractor. If not covered under the Contractor’s Professional Liability policy, such “property” coverage of the County may be endorsed onto the Contractor’s Cyber Liability Policy.

(3) Should any of the above described policies be cancelled prior to the policies’ expiration date, Contractor agrees that notice of cancellation will be delivered in accordance with the policy provisions.

H. Waiver of Subrogation
(1) Contractor agrees to waive subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation. (2) The Workers’ Compensation policy must be endorsed with a waiver of subrogation in favor of County for all work performed by Contractor, its employees, agents and subcontractors.

I. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A:VII unless otherwise acceptable to County.

J. Verification of Coverage
(1) Contractor must furnish County with original certificates and endorsements effecting coverage required by this Contract.
(2) The endorsements should be on forms provided by County or, if on other than County’s forms, must conform to County’s requirements and be acceptable to County. (3) County must receive and approve all certificates and endorsements before work commences.
(4) However, failure to provide the required certificates and endorsements shall not operate as a waiver of these insurance requirements. (5) County reserves the right to require complete, certified copies of all required insurance policies, including endorsements affecting the coverage described above at any time.

8. BEST EFFORTS
Packet Page 30 of 129Attachment 2 Page 7 of 18

County of Solano Exhibit C
Standard Contract General Terms

City of Fairfield Contract COF-04-ARPA Page 8 of 18

Contractor represents that Contractor will at all times faithfully, industriously and to the best of its ability, experience and talent, perform to County's reasonable satisfaction.

9. DEFAULT

A. If Contractor defaults in Contractor’s performance, County shall promptly notify Contractor in writing. If Contractor fails to cure a default within 30 days after notification, or if the default requires more than 30 days to cure and Contractor fails to commence to cure the default within 30 days after notification, then Contractor's failure shall constitute cause for termination of this Contract.

B. If Contractor fails to cure default within the specified period of time, County may elect to cure the default and any expense incurred shall be payable by Contractor to County.

The contract may be terminated at County’s sole discretion.

C. If County serves Contractor with a notice of default and Contractor fails to cure the default, Contractor waives any further notice of termination of this Contract.

D. If this Contract is terminated because of Contractor's default, County shall be entitled to recover from Contractor all damages allowed by law.

10. INDEMNIFICATION

A. Contractor will indemnify, hold harmless and assume the defense of the County of Solano, its officers, employees, agents and elective and appointive boards from all claims, losses, damages, including property damages, personal injury, death and liability of every kind, directly or indirectly arising from Contractor's operations or from any persons directly or indirectly employed by, or acting as agent for, Contractor, excepting the sole negligence or willful misconduct of the County of Solano. This indemnification shall extend to claims, losses, damages, injury and liability for injuries occurring after completion of Contractor's services, as well as during the progress of rendering such services.

B. Acceptance of insurance required by this Contract does not relieve Contractor from liability under this indemnification clause. This indemnification clause shall apply to all damages or claims for damages suffered by Contractor's operations regardless if any insurance is applicable or not.

11. INDEPENDENT CONTRACTOR

A. Contractor is an independent contractor and not an agent, officer or employee of County. The parties mutually understand that this Contract is between two independent contractors and is not intended to and shall not be construed to create the relationship of agent, servant, employee, partnership, joint venture or association.

B. Contractor shall have no claim against County for employee rights or benefits including, but not limited to, seniority, vacation time, vacation pay, sick leave, personal time off, overtime, medical, dental or hospital benefits, retirement benefits, Social Security, disability, Workers' Compensation, unemployment insurance benefits, civil service protection, disability retirement benefits, paid holidays or other paid leaves of absence.

C. Contractor is solely obligated to pay all applicable taxes, deductions and other obligations including, but not limited to, federal and state income taxes, withholding, Social Security, unemployment, disability insurance, Workers' Compensation and Medicare payments.

Packet Page 31 of 129Attachment 2 Page 8 of 18

County of Solano Exhibit C
Standard Contract General Terms

City of Fairfield Contract COF-04-ARPA Page 9 of 18
D. Contractor shall indemnify and hold County harmless from any liability which County may incur because of Contractor's failure to pay such obligations nor shall County be responsible for any employer-related costs not otherwise agreed to in advance between the County and Contractor.

E. As an independent contractor, Contractor is not subject to the direction and control of County except as to the final result contracted for under this Contract. County may not require Contractor to change Contractor’s manner of doing business, but may require redirection of efforts to fulfill this Contract.

F. Contractor may provide services to others during the same period Contractor provides service to County under this Contract.

G. Any third persons employed by Contractor shall be under Contractor's exclusive direction, supervision and control. Contractor shall determine all conditions of employment including hours, wages, working conditions, discipline, hiring and discharging or any other condition of employment.

H. As an independent contractor, Contractor shall indemnify and hold County harmless from any claims that may be made against County based on any contention by a third party that an employer-employee relationship exists under this Contract.

I. Contractor, with full knowledge and understanding of the foregoing, freely, knowingly, willingly and voluntarily waives the right to assert any claim to any right or benefit or term or condition of employment insofar as they may be related to or arise from compensation paid hereunder.

12. RESPONSIBILITIES OF CONTRACTOR

A. The parties understand and agree that Contractor possesses the requisite skills necessary to perform the work under this Contract and County relies upon such skills.

Contractor pledges to perform the work skillfully and professionally. County's acceptance of Contractor's work does not constitute a release of Contractor from professional responsibility.

B. Contractor verifies that Contractor has reviewed the scope of work to be performed under this Contract and agrees that in Contractor’s professional judgment, the work can and shall be completed for costs within the maximum amount set forth in this Contract.

C. To fully comply with the terms and conditions of this Contract, Contractor shall:
(1) Establish and maintain a system of accounts for budgeted funds that complies with generally accepted accounting principles for government agencies; (2) Document all costs by maintaining complete and accurate records of all financial transactions associated with this Contract, including, but not limited to, invoices and other official documentation that sufficiently support all charges under this Contract; (3) Submit monthly reimbursement claims for expenditures that directly benefit Solano County;
(4) Be liable for repayment of any disallowed costs identified through quarterly reports, audits, monitoring or other sources; and
(5) Retain financial, programmatic, client data and other service records for 3 years from the date of the end of the contract award or for 3 years from the date of termination, whichever is later.

13. COMPLIANCE WITH LAW

A. Contractor shall comply with all federal, state and local laws and regulations Packet Page 32 of 129Attachment 2 Page 9 of 18

County of Solano Exhibit C
Standard Contract General Terms

City of Fairfield Contract COF-04-ARPA Page 10 of 18
applicable to Contractor’s performance, including, but not limited to, licensing, employment and purchasing practices, wages, hours and conditions of employment.

B. To the extent federal funds are used in whole or in part to fund this Contract, Contractor specifically agrees to comply with Executive Order 11246 entitled “Equal Employment Opportunity”, as amended and supplemented in Department of Labor regulations; the Copeland “Ant-Kickback” Act (18 U.S.C. §874) and its implementing regulations (29 C.F.R. part 3); the Clean Air Act (42 U.S.C. §7401 et seq.); the Clean Water Act ( 33 U.S.C. §1251); and the Energy Policy and Conservation Act (Pub. L. 94-165).

C. Contractor represents that it will comply with the applicable cost principles and administrative requirements including claims for payment or reimbursement by County as set forth in 2 C.F.R. part 200, as currently enacted or as may be amended throughout the term of this Contract.

14. CONFIDENTIALITY

A. Contractor shall prevent unauthorized disclosure of names and other client- identifying information, except for statistical information not identifying a particular client receiving services under this Contract.

B. Contractor shall not use client specific information for any purpose other than carrying out Contractor's obligations under this Contract.

C. Contractor shall promptly transmit to County all requests for disclosure of confidential information.

D. Except as otherwise permitted by this Contract or authorized by law, Contractor shall not disclose any confidential information to anyone other than the State of California without prior written authorization from County.

E. For purposes of this section, identity shall include, but not be limited to, name, identifying number, symbol or other client identifying particulars, such as fingerprints, voice print or photograph. Client shall include individuals receiving services pursuant to this Contract.

15. CONFLICT OF INTEREST

A. Contractor represents that Contractor and/or Contractor’s employees and/or their immediate families and/or Board of Directors and/or officers have no interest, including, but not limited to, other projects or independent contracts, and shall not acquire any interest, direct or indirect, including separate contracts for the work to be performed hereunder, which conflicts with the rendering of services under this Contract. Contractor shall employ or retain no such person while rendering services under this Contract. Services rendered by Contractor's associates or employees shall not relieve Contractor from personal responsibility under this clause.

B. Contractor has an affirmative duty to disclose to County in writing the name(s) of any person(s) who have an actual, potential or apparent conflict of interest.

16. DRUG FREE WORKPLACE

Contractor represents that Contractor is knowledgeable of Government Code section 8350 et seq., regarding a drug free workplace and shall abide by and implement its statutory requirements.

Packet Page 33 of 129Attachment 2 Page 10 of 18

County of Solano Exhibit C
Standard Contract General Terms

City of Fairfield Contract COF-04-ARPA Page 11 of 18

17. HEALTH AND SAFETY STANDARDS

Contractor shall abide by all health and safety standards set forth by the State of California and/or the County of Solano pursuant to the Injury and Illness Prevention Program. If applicable, Contractor must receive all health and safety information and training from County.

18. CHILD/ADULT ABUSE

If services pursuant to this Contract will be provided to children and/or elder adults, Contractor represents that Contractor is knowledgeable of the Child Abuse and Neglect Reporting Act (Penal Code section 11164 et seq.) and the Elder Abuse and Dependent Adult Civil Protection Act (Welfare and Institutions Code section 15600 et seq.) requiring reporting of suspected abuse.

19. INSPECTION

Authorized representatives of County, the State of California and/or the federal government may inspect and/or audit Contractor's performance, place of business and/or records pertaining to this Contract.

20. NONDISCRIMINATION

A. In rendering services under this Contract, Contractor shall comply with all applicable federal, state and local laws, rules and regulations and shall not discriminate based on age, ancestry, color, gender, marital status, medical condition, national origin, physical or mental disability, race, religion, sexual orientation, or other protected status.

B. Further, Contractor shall not discriminate against its employees, which includes, but is not limited to, employment upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation and selection for training, including apprenticeship.

21. SUBCONTRACTOR AND ASSIGNMENT

A. Services under this Contract are deemed to be personal services.

B. Subject to any required state or federal approval, Contractor shall not subcontract any work under this Contract without the prior written consent of the County’s Contract Manager nor assign this Contract or monies due without the prior written approval of the County’s applicable Department Head or his or her designee and the County Administrator.

C. If County consents to the use of subcontractors, Contractor shall require and verify that its subcontractors maintain insurance meeting all the requirements stated in Section 7 above.

D. Assignment by Contractor of any monies due shall not constitute an assignment of the Contract.

Packet Page 34 of 129Attachment 2 Page 11 of 18

County of Solano Exhibit C
Standard Contract General Terms

City of Fairfield Contract COF-04-ARPA Page 12 of 18

22. UNFORESEEN CIRCUMSTANCES

Contractor is not responsible for any delay caused by natural disaster, war, civil disturbance, labor dispute or other cause beyond Contractor's reasonable control, provided Contractor gives written notice to County of the cause of the delay within 10 days of the start of the delay.

23. OWNERSHIP OF DOCUMENTS

A. County shall be the owner of and shall be entitled to possession of any computations, plans, correspondence or other pertinent data and information gathered by or computed by Contractor prior to termination of this Contract by County or upon completion of the work pursuant to this Contract.

B. No material prepared in connection with the project shall be subject to copyright in the United States or in any other country.

24. NOTICE

A. Any notice necessary to the performance of this Contract shall be given in writing by personal delivery or by prepaid first-class mail addressed as stated on the first page of this Contract.

B. If notice is given by personal delivery, notice is effective as of the date of personal delivery. If notice is given by mail, notice is effective as of the day following the date of mailing or the date of delivery reflected upon a return receipt, whichever occurs first.

25. NONRENEWAL

Contractor acknowledges that there is no guarantee that County will renew Contractor's services under a new contract following expiration or termination of this Contract. Contractor waives all rights to notice of non-renewal of Contractor's services.

26. COUNTY’S OBLIGATION SUBJECT TO AVAILABILITY OF FUNDS

A. The County’s obligation under this Contract is subject to the availability of authorized funds. The County may terminate the Contract, or any part of the Contract work, without prejudice to any right or remedy of the County, for lack of appropriation of funds. If expected or actual funding is withdrawn, reduced or limited in any way prior to the expiration date set forth in this Contract, or any subsequent amendment, the County may, upon written Notice to the Contractor, terminate this Contract in whole or in part.

B. Payment shall not exceed the amount allowable for appropriation by the Board of Supervisors. If the Contract is terminated for non-appropriation of funds:
i. The County will be liable only for payment in accordance with the terms of this Contract for services rendered prior to the effective date of termination; and ii. The Contractor shall be released from any obligation to provide further services pursuant to this Contract that are affected by the termination.

C. Funding for this Contract beyond the current appropriation year is conditional upon appropriation by the Board of Supervisors of sufficient funds to support the activities described in this Contract. Should such an appropriation not be approved, this Contract will terminate at Packet Page 35 of 129Attachment 2 Page 12 of 18

County of Solano Exhibit C
Standard Contract General Terms

City of Fairfield Contract COF-04-ARPA Page 13 of 18
the close of the current appropriation year.

D. This Contract is void and unenforceable if all or parts of federal or state funds applicable to this Contract are not available to County. If applicable funding is reduced, County may either:
(1) Cancel this Contract; or,
(2) Offer a contract amendment reflecting the reduced funding.

27. CHANGES AND AMENDMENTS

A. County may request changes in Contractor's scope of services. Any mutually agreed upon changes, including any increase or decrease in the amount of Contractor's compensation, shall be effective when incorporated in written amendments to this Contract.

B. The party desiring the revision shall request amendments to the terms and conditions of this Contract in writing. Any adjustment to this Contract shall be effective only upon the parties' mutual execution of an amendment in writing.

C. No verbal agreements or conversations prior to execution of this Contract or requested amendment shall affect or modify any of the terms or conditions of this Contract unless reduced to writing according to the applicable provisions of this Contract.

28. CHOICE OF LAW

The parties have executed and delivered this Contract in the County of Solano, State of California. The laws of the State of California shall govern the validity, enforceability or interpretation of this Contract. Solano County shall be the venue for any action or proceeding, in law or equity that may be brought in connection with this Contract.

29. HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT

Contractor represents that it is knowledgeable of the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) and its implementing regulations issued by the U.S.

Department of Health and Human Services (45 C.F.R. parts 160-64) regarding the protection of health information obtained, created, or exchanged as a result of this Contract and shall abide by and implement its statutory requirements.

30. WAIVER

Any failure of a party to assert any right under this Contract shall not constitute a waiver or a termination of that right, under this Contract or any of its provisions.

31. CONFLICTS IN THE CONTRACT DOCUMENTS

The Contract documents are intended to be complementary and interpreted in harmony so as to avoid conflict. In the event of conflict in the Contract documents, the parties agree that the document providing the highest quality and level of service to the County shall supersede any inconsistent term in these documents.

32. FAITH BASED ORGANIZATIONS

Packet Page 36 of 129Attachment 2 Page 13 of 18

County of Solano Exhibit C
Standard Contract General Terms

City of Fairfield Contract COF-04-ARPA Page 14 of 18
A. Contractor agrees and acknowledges that County may make funds available for programs or services affiliated with religious organizations under the following conditions: (a) the funds are made available on an equal basis as for programs or services affiliated with non- religious organizations; (b) the program funded does not have the substantial effect of supporting religious activities; (c) the funding is indirect, remote, or incidental to the religious purpose of the organization; and (d) the organization complies with the terms and conditions of this Contract.

B. Contractor agrees and acknowledges that County may not make funds available for programs or services affiliated with a religious organization (a) that has denied or continues to deny access to services on the basis of any protected class; (b) will use the funds for a religious purpose; (c) will use the funds for a program or service that subjects its participants to religious education.

C. Contractor agrees and acknowledges that all recipients of funding from County must: (a) comply with all legal requirements and restrictions imposed upon government-funded activities set forth in Article IX, section 8 and Article XVI, section 5 of the California Constitution and in the First Amendment to the United States Constitution; and (b) segregate such funding from all funding used for religious purposes.

33. PRICING

Should Contractor, at any time during the term of this Contract, provide the same goods or services under similar quantity, terms and conditions to one or more counties in the State of California at prices below those set forth in this Contract, then the parties agree to amend this Contract so that such lower prices shall be extended immediately to County for all future services.

34. USE OF PROVISIONS, TERMS, CONDITIONS AND PRICING BY OTHER PUBLIC AGENCIES

Contractor and County agree that the terms of this Contract may be extended to any other public agency located in the State of California, as provided for in this section. Another public agency wishing to use the provisions, terms, and pricing of this Contract to contract for equipment and services comparable to that described in this Contract shall be responsible for entering into its own contract with Contractor, as well as providing for its own payment provisions, making all payments, and obtaining any certificates of insurance and bonds that may be required. County is not responsible for providing to any other public agency any documentation relating this Contract or its implementation. Any public agency that uses provisions, terms, or pricing of this Contract shall by virtue of doing so be deemed to indemnify and hold harmless County from all claims, demands, or causes of actions of every kind arising directly or indirectly with the use of this Contract. County makes no guarantee of usage by other users of this Contract nor shall the County incur any financial responsibility in connection with any contracts entered into by another public agency. Such other public agency shall accept sole responsibility for placing orders and making payments to Contractor.

35. DISBARMENT OR SUSPENSION OF CONTRACTOR

A. Contractor represents that its officers, directors and employees (i) are not currently excluded, debarred, or otherwise ineligible to participate in a federally funded program; (ii) have not been convicted of a criminal offense related to the provision of federally funded items or services nor has been previously excluded, debarred, or otherwise declared ineligible to Packet Page 37 of 129Attachment 2 Page 14 of 18

County of Solano Exhibit C
Standard Contract General Terms

City of Fairfield Contract COF-04-ARPA Page 15 of 18
participate in any federally funded programs, and (iii) are not, to the best of its knowledge, under investigation or otherwise aware of any circumstances which may result in Contractor being excluded from participation in federally funded programs.

B. For purposes of this Contract, federally funded programs include any federal health program as defined in 42 USC § 1320a-7b(f) (the “Federal Healthcare Programs”) or any state healthcare programs.

C. This representation and warranty shall be an ongoing representation and warranty during the term of this Contract and Contractor must immediately notify the County of any change in the status of the representation and warranty set forth in this section.

D. If services pursuant to this Contract involve federally-funded programs, Contractor agrees to provide certification of non-suspension with submission of each invoice. Failure to submit certification with invoices will result in a delay in County processing Contractor’s payment.

36. EXECUTION IN COUNTERPARTS

This Contract may be executed in two or more counterparts, each of which together shall be deemed an original, but all of which together shall constitute one and the same instrument, it being understood that all parties need not sign the same counterpart. In the event that any signature is delivered by facsimile or electronic transmission (e.g., by e-mail delivery of a ".pdf" format data file), such signature shall create a valid and binding obligation of the party executing (or on whose behalf such signature is executed) with the same force and effect as if such facsimile or electronic signature page were an original signature.

37. LOCAL EMPLOYMENT POLICY

Solano County desires, whenever possible, to hire qualified local residents to work on County projects. A local resident is defined as a person who resides in, or a business that is located in, Solano County. The County encourages an active outreach program on the part of its contractors, consultants and agents. When local projects require subcontractors, Contractor shall solicit proposals for qualified local residents where possible.

38. ENTIRE CONTRACT

This Contract, including any exhibits referenced, constitutes the entire agreement between the parties and there are no inducements, promises, terms, conditions or obligations made or entered into by County or Contractor other than those contained in it.

Packet Page 38 of 129Attachment 2 Page 15 of 18

County of Solano Exhibit D
Standard Contract Special Terms

City of Fairfield Contract COF-04-ARPA Page 16 of 18

EXHIBIT D

SPECIAL TERMS AND CONDITIONS

1. SUB-RECIPIENT COMPLIANCE

A. All or part of this contract will be paid with Federal awards. Contractor may be designated as a Sub-recipient and the federal funds received under this contract may be designated as a subaward of the American Rescue Plan Act (ARPA) Coronavirus State and Local Fiscal Recovery Funds (CSLFRF). Funds, payments, expenses, and procurements under this contract must be used in accordance with Federal statutes, regulations and the terms and conditions of the Federal award, including but not limited to, the US Treasury Final Rule (31 CFR Part 35), CSLFRF Compliance Reporting Guidance, and CSLFRF Frequently Asked Questions and all amendments or successor laws, regulations, or guidance thereto.

B. Contractor shall also comply with all other applicable federal statutes, regulations, and executive orders, and shall provide for such compliance by other parties in any contracts it enters into with other parties relating to or involving funding under this contract.

C. Contractor shall be responsible for any disallowances, questioned costs, or other items, including interest, not allowed under ARPA CSLFRF funding. Contractor shall return to County any funds disallowed within (90) ninety days of notification from County to return such funds.

D. As a pass-through entity, the County is required to provide certain information regarding Federal award(s) to Contractor as a Sub-recipient:
(i) Subrecipient name (which must match the name associated with its unique entity identifier): City of Fairfield
(ii) Subrecipient's unique entity identifier: RKK3CJAGJ3G4 (iii) Federal Award Identification Number (FAIN): SLFRP1180 (iv) Federal Award Date: March 11, 2021
(v) Subaward Period of Performance Start and End Date: December 1, 2023- September 30, 2024
(vi) Subaward Budget Period Start and End Date: December 1, 2023-September 30, 2024
(vii) Amount of Federal Funds Obligated by this action by the pass-through entity to the subrecipient: $800,000
(viii) Total Amount of Federal Funds Obligated to the subrecipient by the pass-through entity including the current financial obligation: $800,000 (ix) Total Amount of the Federal Award committed to the subrecipient by the pass- through entity: $800,000
(x) Federal award project description: American Rescue Plan Act Direct Payment for Specified Use
(xi) Name of Federal awarding agency, pass-through entity, and contact information for awarding official of the Pass-through entity: Provided by the Department of the Treasury to the County of Solano. County Administrator Bill Emlen cao- [email protected].
(xii) Assistance Listings number and Title: 21.027 Coronavirus State and Local Fiscal Recovery Funds
(xiii) Identification of whether the award is R&D: No
Packet Page 39 of 129Attachment 2 Page 16 of 18

County of Solano Exhibit D
Standard Contract Special Terms

City of Fairfield Contract COF-04-ARPA Page 17 of 18
(xiv) Indirect cost rate for the Federal award (including if the de minimis rate is charged) per § 200.414: NA

County will provide any additional required information regarding the Federal Award upon receipt of funding documents from the funding source.

2. REPORTING

Contractor agrees to comply with and support all applicable ARPA CSLFRF reporting requirements and all reporting requirements otherwise stated in the contract, including, but not limited to, providing reports to the County as requested. Contractor shall maintain compliance with all other federal reporting requirements, including those pertaining to subaward and executive compensation information (2 CFR Part 170), and shall maintain processes and systems for proper and timely reporting as required under 2 CFR Part 170 Appendix A (unless exempt).

Contractor shall be responsible for ARPA CSLFRF related reporting by project, including but not limited to:
• Quarterly reporting on performance as related to activities and outcomes identified in Exhibit A;
• Identifying primary, secondary, and tertiary impacted and/or disproportionally impacted populations served;
• Identifying the structure and objectives of assistance programs, including negative economic impacts experienced;
• Identifying how Contractor’s approach to ensuring response is reasonable and proportional to negative economic impacts of the COVID-19 pandemic; • Identifying the amount of the project spending that is allocated toward evidence-based interventions;
• Identifying if a program evaluation is being conducted; • Identifying efforts to promote equitable outcomes, including how programs were designed with equity in mind; and
• Other reporting based on project category.

3. UNIFORM ADMINISTRATIVE, COST PRINCIPLES, AND AUDIT REQUIREMENTS

A. Contractor shall comply with all applicable provisions of the federal Uniform Guidance, 2 CFR Part 200, including applicable Administrative Requirements, Cost Principles, and Audit requirements. Without limitation, all use of funds and procurement of all services (including consultants), supplies, property, or equipment, shall be performed in conformance with 2 CFR 200.318-327 as well as in conformance with all other administrative, costs, and audit requirements under federal laws and regulations. These requirements generally require open and competitive process, with limited exceptions. Contractor shall maintain records sufficient to detail the history of procurement and provide such records upon request. These records shall include, but are not necessarily limited to: rationale for the method of procurement, selection of contract type, contractor selection or rejection, and the basis for the contract price.

B. Contractors who receive federal funding which taken together total over $750,000 in a single fiscal year are required to have a single agency audit in accordance with 2 CFR Part Packet Page 40 of 129Attachment 2 Page 17 of 18

County of Solano Exhibit D
Standard Contract Special Terms

City of Fairfield Contract COF-04-ARPA Page 18 of 18
200, Subpart F. A copy of this audit must be forwarded to the County by the auditor as soon as it is complete.

4. SYSTEM FOR AWARD MANAGEMENT

Contractor shall maintain compliance with the System for Award Management (SAM) and Universal Entity Identifier requirements, pursuant to 2 CFR Part 25, including obtaining a unique entity identifier and completing SAM registration prior to receiving the Federal award unless exempt under 2 CFR 25.110. No entity, including subcontractors, may receive any federal funds through this contract unless the entity has provided its Unique Entity Identifier to County.

Subrecipients are not required to obtain an active SAM registration, but must obtain a Unique Entity Identifier.

5. PUBLIC ACKNOWLEDGEMENT OF FUNDS

Contractor shall appropriately acknowledge funding from the County of Solano ARPA CSLFRF.

Appropriate acknowledgement is defined as follows:

A. Includes the County of Solano logo;
B. Includes the statement, “Made possible by funding from the County of Solano”; C. The statement and logo must be included in all public materials that mention the funded programs or services, including (but not limited to) Web sites, e-mails, news releases, media advisories, brochures, newsletters, flyers, advertisements, public service announcements, posters, and any other public communication items.

6. START-UP PERIOD

Without limiting any remedy available under section 4 or section 9 of Exhibit C to this Contract, or as otherwise provided by law, in the event that Contractor does not implement the services contemplated by this Contract within 6 months of the effective date of this Contract, County reserves the right, in the sole and absolute discretion of County, to terminate the Contract with 15 days written notice of such termination to Contractor.

Packet Page 41 of 129Attachment 2 Page 18 of 18

Agenda Item No: 6.

AGENDA REPORT
DATE:December 5, 2023
TO:Mayor and City Council
FROM:David Gassaway, City Manager
SUBJECT:Resolution 2023282 of the City Council of the City of Fairfield Approving a Memorandum of Understanding Between the City of Fairfield and the FairfieldSuisun Sewer District for the 20232035 City of Fairfield Household Hazardous Waste Collection Program
RECOMMENDED ACTION
Adopt resolution.

STATEMENT OF ISSUE
On March 15, 2022, the City Council passed Resolution 202253 approving the Solid Waste, Recyclable Materials, and Organic Waste Collection and Disposal Agreement Between the City of Fairfield and Solano Garbage Company (Republic Services) (Franchise Agreement). The Franchise Agreement, among other things, requires that Republic Services provide a permanent household hazardous waste (HHW) collection facility within the City limits and that the City contribute funding to support the HHW program. The proposed resolution would approve a Memorandum of Understating (MOU) between the City and the FairfieldSuisun Sewer District (District) to support the collection of HHW and would establish funding contributions through 2035.

DISCUSSION
HHW collection programs offer residents safe places to dispose of hazardous waste that cannot be placed inside regular garbage containers due to its toxic, flammable, reactive, and/or corrosive nature.

HHW includes items such as paint products, automotive fluids, household chemicals and cleaners, fluorescent lightbulbs, batteries, and mercury gauges. These items pose risks to human health and the environment when improperly handled or disposed of. To mitigate these potential damages, state law requires that jurisdictions sponsor HHW collection programs. The City and the District have a long standing partnership and believe that it is mutually beneficial and costeffective to sponsor HHW programs together to meet their respective obligations.

Beginning in 2003, the City and the District entered into a MOU to have the District contribute funding for a permanent HHW collection facility operated by Republic Services. The term length of the MOU was effective from 2003 to 2011, and coincided with the term length of the City’s previous Franchise Packet Page 42 of 129

This MOU expired in 2022.

On March 15, 2022, the council passed Resolution 202253 approving a new Franchise Agreement between the City and Republic Services. As with the previous Franchise Agreements, Republic Services is required to provide a permanent HHW collection facility within the City limits, and the City is required to contribute funding to support the HHW program. As such, a new MOU between the City and District needs to be adopted to reestablish a funding mechanism to support the HHW Program.

The proposed MOU establishes guidelines, accepted wastes, program requirements, and annual funding contribution amounts for the 20232035 HHW Collection Program. The term length would run through November 2035 unless terminated earlier or extended by mutual agreement.

FINANCIAL IMPACT
There is no direct fiscal impact to the City. The proposed MOU establishes annual funding contributions from the District that are collected by the City (account number 15660105730410374). These funds are then passed through to Republic Services to cover associated HHW program costs. These contributions meet the City’s HHW funding requirements per Section 14.15.2 of the Franchise Agreement.

Starting in 2023, the District will contribute a nottoexceed amount of $60,000 annually to support and offset HHW program costs. An automatic 4.5% annual inflator will be added starting in 2024 to account for cost increases.

PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
The District Board approved the proposed MOU on November 20, 2023.

ALTERNATIVE ACTION
The council may choose not to approve the resolution or may choose to amend certain sections of the MOU. If the council has any questions, the proposed resolution may be delayed so that staff may provide the necessary additional information or documents. Failure to approve the agreement may result in the City needing to identify another source of funding to support HHW programs.

STAFF CONTACT
Corey Beavers, Management Analyst II
(707) 4287528
[email protected]
COORDINATED WITH
City Attorney's Office
ATTACHMENTS:

Description
Proposed Resolution
Memorandum of Understanding
REVIEWERS:

Packet Page 43 of 129

Agenda Item No: 6.AGENDA REPORTDATE:December 5, 2023 TO:Mayor and City CouncilFROM:David Gassaway, City ManagerSUBJECT:Resolution 2023282 of the City Council of the City of Fairfield Approving aMemorandum of Understanding Between the City of Fairfield and the FairfieldSuisunSewer District for the 20232035 City of Fairfield Household Hazardous WasteCollection ProgramRECOMMENDED ACTIONAdopt resolution.STATEMENT OF ISSUEOn March 15, 2022, the City Council passed Resolution 202253 approving the Solid Waste,Recyclable Materials, and Organic Waste Collection and Disposal Agreement Between the City ofFairfield and Solano Garbage Company (Republic Services) (Franchise Agreement). The FranchiseAgreement, among other things, requires that Republic Services provide a permanent householdhazardous waste (HHW) collection facility within the City limits and that the City contribute funding tosupport the HHW program. The proposed resolution would approve a Memorandum of Understating(MOU) between the City and the FairfieldSuisun Sewer District (District) to support the collection ofHHW and would establish funding contributions through 2035.DISCUSSIONHHW collection programs offer residents safe places to dispose of hazardous waste that cannot beplaced inside regular garbage containers due to its toxic, flammable, reactive, and/or corrosive nature.HHW includes items such as paint products, automotive fluids, household chemicals and cleaners,fluorescent lightbulbs, batteries, and mercury gauges. These items pose risks to human health and theenvironment when improperly handled or disposed of. To mitigate these potential damages, state lawrequires that jurisdictions sponsor HHW collection programs. The City and the District have a longstanding partnership and believe that it is mutually beneficial and costeffective to sponsor HHWprograms together to meet their respective obligations. Beginning in 2003, the City and the District entered into a MOU to have the District contribute fundingfor a permanent HHW collection facility operated by Republic Services. The term length of the MOUwas effective from 2003 to 2011, and coincided with the term length of the City’s previous FranchiseAgreement with Republic Services. On September 6, 2011, the City executed a new FranchiseAgreement with Republic Services, and consequently, Resolution 2011196 was passed establishing anew MOU between the City and the District for the HHW Collection Program (2011 MOU). The 2011MOU coincided with the term length of the Franchise Agreement with Republic Services andestablished annual funding contributions by the District to help support and offset HHW program costs.This MOU expired in 2022. On March 15, 2022, the council passed Resolution 202253 approving a new Franchise Agreementbetween the City and Republic Services. As with the previous Franchise Agreements, RepublicServices is required to provide a permanent HHW collection facility within the City limits, and the City isrequired to contribute funding to support the HHW program. As such, a new MOU between the City andDistrict needs to be adopted to reestablish a funding mechanism to support the HHW Program.The proposed MOU establishes guidelines, accepted wastes, program requirements, and annualfunding contribution amounts for the 20232035 HHW Collection Program. The term length would runthrough November 2035 unless terminated earlier or extended by mutual agreement. FINANCIAL IMPACTThere is no direct fiscal impact to the City. The proposed MOU establishes annual funding contributionsfrom the District that are collected by the City (account number 15660105730410374). These fundsare then passed through to Republic Services to cover associated HHW program costs. Thesecontributions meet the City’s HHW funding requirements per Section 14.15.2 of the FranchiseAgreement.Starting in 2023, the District will contribute a nottoexceed amount of $60,000 annually to support andoffset HHW program costs. An automatic 4.5% annual inflator will be added starting in 2024 to accountfor cost increases.PUBLIC CONTACT/ADVISORY BODY RECOMMENDATIONThe District Board approved the proposed MOU on November 20, 2023.ALTERNATIVE ACTIONThe council may choose not to approve the resolution or may choose to amend certain sections of theMOU. If the council has any questions, the proposed resolution may be delayed so that staff mayprovide the necessary additional information or documents. Failure to approve the agreement mayresult in the City needing to identify another source of funding to support HHW programs.STAFF CONTACTCorey Beavers, Management Analyst II(707) 428[email protected] WITHCity Attorney's OfficeATTACHMENTS:DescriptionProposed Resolution Memorandum of Understanding
REVIEWERS:

Reviewer Action Date
Hether, Michael Approved 11/20/2023 8:00 PM
Panganiban, Ryan Approved 11/20/2023 8:29 PM
Beavers, Esther Approved 11/21/2023 10:43 AM
Beavers, Esther Approved 11/21/2023 10:43 AM
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CITY OF FAIRFIELD

RESOLUTION NO. 2023-282

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

MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF FAIRFIELD AND THE FAIRFIELD- SUISUN SEWER DISTRICT FOR THE 2023-2035 HOUSEHOLD HAZARDOUS WASTE COLLECTION

PROGRAM

WHEREAS, the City of Fairfield and the Fairfield-Suisun Sewer District (District) entered into a Memorandum of Understanding (MOU) for the District to contribute annual funding to support and offset costs related to the City’s household hazardous waste (HHW) program in 2011 (2011 MOU); and

WHEREAS, the 2011 MOU coincided with the term length of the Solid Waste, Recyclable Materials, and Organic Waste Collection and Disposal Agreement Between the City of Fairfield and Solano Garbage Company (Republic Services) (Franchise Agreement) that expired in 2022; and

WHEREAS, on March 15, 2022, the City executed an updated Franchise Agreement with Republic Services that, among other things, continues to provide a permanent HHW Collection Facility for Fairfield residents; and

WHEREAS, the City and the District mutually benefit from sponsoring HHW programs to meet their respective obligations; and

WHEREAS, the District agrees to contribute $60,000 annually to the City starting in 2023 with a

4.5% annual inflator; and

WHEREAS, the City will pass through this contribution to Republic Services to offset the annual program costs related to the collection and disposal of HHW; and

WHEREAS, the City and the District desire to enter into a MOU with revised District contribution amounts for a term from March 15, 2022, through November 30, 2035.

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

Section 1. The council hereby approves the MOU between the City and District to continue its annual contribution toward the City’s HHW program.

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RES. NO. 2023-282

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Section 2. The council hereby authorizes the city manager to do all things necessary and proper to implement and execute the attached MOU.

PASSED AND ADOPTED this 5th day of December, 2023, by the following vote:

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

NOES: MEMBERS:

ABSENT: MEMBERS:

ABSTAIN: MEMBERS:

_________
MAYOR

ATTEST:

____________________________

CITY CLERK

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MEMORANDUM OF UNDERSTANDING

BETWEEN THE CITY OF FAIRFIELD AND THE FAIRFIELD-SUISUN SEWER DISTRICT FOR THE 2023-2035 HOUSEHOLD HAZARDOUS WASTE

COLLECTION PROGRAM FOR CITY OF FAIRFIELD

This Memorandum of Understanding is made and entered into ______, 2023, by and between the City of Fairfield (City), and the Fairfield -Suisun Sewer District (District), by and through their duly authorized representatives (“MOU”).

WHEREAS, Public Resources Code Section 41500 mandates that each city and county adopt as part of its County Integrated Waste Management Plan, a Household Hazardous Waste Element (HHWE) that identifies a program for the safe collection, recycling, treatment, and disposal of household hazardous waste (HHW), as defined in Section 25117 of the Health and Safety Code, that includes, in addition to the HHW collection program, collection of batteries, used oil, latex paint, and antifreeze (BOPA) and curbside used oil that is generated by households in the jurisdiction and should be separated from the solid waste stream; and

WHEREAS, the City adopted an HHWE in February 1992 that outlines a HHW collection plan for the safe disposal of HHW that includes: 1) a HHW permanent facility collection program, 2) a BOPA permanent facility collection of batteries, used oil, latex paint, and antifreeze, and 3) a curbside used oil collection program; and

WHEREAS, the District receives benefits from waste minimization activities such as HHW collection programs; and

WHEREAS, the City and the District agree that it is mutually beneficial and cost-effective to cooperate in sponsoring an HHW collection program to meet their respective obligations; and

WHEREAS, the HHW collection program shall consist of HHW collection on a regularly scheduled basis; and,

WHEREAS, the City and District previously entered into a prior Memorandum of Understanding for the 2012-2022 HHW Collection Program with the passing of Fairfield City Council Resolution 2011-196 (“2011 MOU”); and,

WHEREAS, the City has entered into a solid waste collection agreement with Republic Services through their local subsidiary, Solano Garbage Company dated March 15, 2023, that, among other things, provides for the collection, packaging, transport, recycling and/or disposal of HHW.

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NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS CONTAINED HEREIN, THE CITY OF FAIRFIELD AND THE FAIRFIELD-SUISUN SEWER DISTRICT HEREBY AGREE AS FOLLOWS:

Section 1. The City shall sponsor an HHW collection program consisting of the following:
a. HHW collection will be held at Republic Services’ permanent HHW/BOPA and Curbside Used Oil Recycling facility located at 2901 Industrial Court in Fairfield, California wherein HHW which complies with the rules set forth in Exhibit A hereto, will be accepted from any resident of Fairfield. The City and Republic Services agree not to accept waste from persons residing outside of the City of Fairfield unless on the day of the event the contractor is engaged, pursuant to paragraph 2, advises that it is necessary to accept the waste for safety reasons.

b. In addition, Fairfield and Republic Services agree to coordinate advertising of HHW events through a variety of public outreach efforts, including, but not limited to the production of brochures, utility bill inserts, school educational programs, multi-media advertising, radio, television, and informational booths at special events.

Section 2. For the purpose of the HHW collections, the City and Republic Services shall:
a. Acquire any necessary permits, manifest documentation, or regulatory agency approvals, and;

b. Republic Services shall enter into an agreement with a contractor to provide related professional services, including registration, collection, bulking, transportation, disposal, and reporting services.

Section 3. Subject to the allocation of funding contained in the District’s annual budget, the District shall contribute funding towards program costs not to exceed fifty percent (50%) of program costs as defined in Exhibit B. The maximum annual contribution is not to exceed $60,000 (2023) with an annual 4.5% inflator for inflation, as set forth in Exhibit C. The District shall reimburse Fairfield within thirty (30) days of receipt of an accounting that includes itemized program costs, an itemized breakdown of materials collected, the number of participants, and an invoice.

Section 4. The District shall have no responsibility for conducting the collection programs set forth in Section 1. or for any costs incurred therefore in excess of the contributions the District shall provide pursuant to Section 3.

Section 5. The District may also choose to participate and contribute additional funding towards programs that support the District’s efforts to educate and increase awareness of resource conservation. The District may collaborate with the City to present projects such as, but not limited to, pharmaceutical, e-waste, or other take- back events, increasing food and green waste composting, increasing collection sites Packet Page 48 of 129Attachment 2 Page 2 of 7

for batteries and Compact Fluorescent Lights (CFL) and other outreach programs to help reduce pollution and enhance the water quality.

Section 6. The City Fairfield expressly agrees to indemnify, defend and hold harmless the District, its officers, directors, employees, and agents from and against any and all loss, liability, expense, claim, cost, suit, and damage, including reasonable attorneys' fees and contractor’s costs, arising out of, or related to the conducting of the collection programs set forth in Section 1. and/or the storage, transportation and/or disposal of any hazardous or toxic waste or substances related thereto except for matters that arise from the sole negligence or willful misconduct of District.

Section7. Upon execution of this MOU, the prior 2011 MOU between the City of Fairfield and the Fairfield-Suisun Sewer District for the 2012-2022 City of Fairfield Household Hazardous Waste Collection Program is hereby terminated and superseded by this MOU.

Section 8. Unless earlier terminated or extended by mutual agreement of all parties in writing, the term of this MOU shall coincide with the term of the City’s Solid Waste Collection Agreement with Republic Services dated March 15, 2022, and shall expire on November 30, 2035.

IN WITNESS WHEREOF, the duly authorized representatives of The City of Fairfield and the Fairfield-Suisun Sewer District hereby sign as of the date first set forth above.

___________________________________ ____________________ David Gassaway Date
City Manager
City of Fairfield

___________________________________ ____________________ Rick Vaccaro Date
Board President
Fairfield-Suisun Sewer District

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EXHIBIT A

THE CITY OF FAIRFIELD HOUSEHOLD HAZARDOUS WASTE COLLECTION 2023-2035 SCHEDULE AND GUIDELINES FOR PARTICIPATION

1. The site of each HHW and BOPA collection will be held at the property of Republic Services’ facility at 2901 Industrial Court, Fairfield, California. The Curbside Oil Collection materials will also be processed at that address.

2. The HHW facility will be open to the public from 9:00 AM to 12:00 PM the second and fourth Saturday of each month from January to October and the first and third Saturday in November and December. The BOPA facility will be open to the public Monday through Friday, 9:00 AM to 4:00 PM. The Curbside Used Oil program will operate Monday through Friday, in conjunction with the residential solid waste curbside collection program. Facility hours of operation may be changed by the City of Fairfield with written notification to the District. Changes shall not reduce the total number of hours per week.

3. Existing law prohibits transporting HHW in excess of 5 gallons or 50 pounds or BOPA in excess of 10 gallons or 100 pounds, 2 spent acid batteries, and 20 gallons of motor oil without a waste hauler’s permit. For each HHW or BOPA event, residents are limited to those quantities listed above per drop-off. However, residents may make multiple drop-offs.

4. This program is intended to serve Fairfield residents only.

5. At the HHW collection facility, participants must show proof of residency by means of a driver's license, business permit, utility bill, or some other acceptable form of identification.

Participants may also be required to complete a survey.

6. A list of the typical waste materials accepted during each HHW collection event includes, but is not limited to:

Waste oil Household poisons Pesticides
Herbicides Old medicines Batteries
Cleaners Motor oil filters Solvents
Adhesives Acids Paints
CFL light bulbs Pool chemicals Mercury thermometers
Fluorescent light bulbs Mercury switches

7. A list of non-acceptable waste for all collection events includes, but is not limited to:

Compressed gas cylinders Asbestos Radioactive materials PCBs Explosives Pyrophorics
Industrial wastes Organic peroxides Biological wastes
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8. It is intended that residents shall transport waste for drop -off by vehicle, and shall remain in or near the vehicle during the actual collection.

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EXHIBIT B

THE CITY OF FAIRFIELD HOUSEHOLD HAZARDOUS WASTE COLLECTION

PROGRAM COSTS

Program Costs shall be identified as follows:

1. HHW Permanent Facility Collection including:
• Subcontractor Cost
• Labor
• Equipment and Supplies
• Overhead

2. BOPA Permanent Facility Collection including:
• Processing and Recycling
• Labor
• Equipment and Supplies
• Overhead

3. Curbside Used Oil Collection including:
• Labor
• Equipment and Supplies

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EXHIBIT C

THE CITY OF FAIRFIELD HOUSEHOLD HAZARDOUS WASTE COLLECTION

DISTRICTS ALLOCATION OF FUNDING

4.5% ANNUAL INFLATOR

The District shall contribute the following cost allocation per year. Funds shall not exceed:

Year Cost Allocation
2023 $ 60,000
2024 $ 62,700
2025 $ 65,522
2026 $ 68,470
2027 $ 71,551
2028 $ 74,771
2029 $ 78,136
2030 $ 81,652
2031 $ 85,326
2032 $ 89,166
2033 $ 93,178
2034 $ 97,371
2035 $ 101,753

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Agenda Item No: 7.

AGENDA REPORT
DATE:December 5, 2023
TO:Mayor and City Council
FROM:David Gassaway, City Manager
SUBJECT:Resolution 2023283 of the City Council of the City of Fairfield Authorizing Execution of a Contractor Services Agreement Between the City of Fairfield and Merrimac Petroleum, Inc. DBA Merrimac Energy Group for the Provision and Delivery of Renewable Diesel and 87 Octane Gasoline at the City of Fairfield Corporation Yard RECOMMENDED ACTION
Adopt resolution.

STATEMENT OF ISSUE
On October 2, 2023, the City of Fairfield issued an Invitation for Bid for the provision and delivery of fuel.

Staff recommends that the council award the contractor services agreement (Agreement) to the lowest responsive and responsible bidder, Merrimac Petroleum, Inc., dba Merrimac Energy Group (Merrimac Energy Group). Under the Agreement, Merrimac Energy Group will supply renewable diesel and 87 octane gasoline for an estimated oneyear contract cost of $1,175,192.50.

DISCUSSION
The various operations at the Corporation Yard consume approximately 175,00 gallons of renewable diesel and approximately 100,000 gallons of 87 octane gasoline on an annual basis. FAST, the City’s transit system, comprises approximately 55.8% of the total consumption, other nongeneral fund enterprise account for approximately 22.7%, and general fund uses approximately 21.5%.

The City’s use of renewable diesel, which is made from waste and residues, reduces its greenhouse gas emissions by up to 80%. This reduction in tailpipe emissions contributes to improved local and regional air quality mandated by the State. These reductions in emissions are part of the City’s overall plan to meet the California Air Resources Board (CARB) Innovative Clean Transit (ICT) regulation and Advanced Clean Fleet (ACF) regulation. Renewable diesel is a CARB approved transitional fuel that FAST may use while emerging technologies are proven reliable.

Due to the volatility of the fuel market, suppliers generally structure pricing at the OPIS rack rate (wholesale) per gallon plus the supplier’s fee per gallon. The OPIS rack rate fluctuates daily and is based on the current cost for a barrel of oil. This pricing structure allows the wholesale cost to reflect Packet Page 54 of 129

The Agreement defines the scope of services as follows:

1. Provide and deliver renewable diesel meeting CARB minimum specifications.

2. Provide and deliver 87 octane gasoline meeting CARB minimum specifications.

On October 2, 2023, the City issued an Invitation for Bid for the provision and delivery of fuel. Based on an average OPIS rack rate and the estimated annual consumption by the City, the suppliers were asked to provide pricing for each fuel type in the format of OPIS rack rate plus or minus supplier fee.

Six suppliers responded to the Invitation for Bid. Those respondents were Merrimac Energy Group, Mansfield Oil Company, Pinnacle Petroleum Inc., Ramos Oil, Boyett Petroleum, and Western States Oil (STL). Nine suppliers that were sent bid documents did not respond.

Bids were opened on November 6, 2023, with Merrimac Energy Group providing the lowest responsive and responsible bid. Merrimac Energy Group will supply renewable diesel at the OPIS rack rate minus $0.0657 per gallon and 87 octane gasoline at the OPIS rack rate minus $0.1690 per gallon to equal an estimated oneyear contract cost of $1,175,192.50.

The suppliers’ bid ranking with estimated contract cost based on an average annual wholesale fuel cost per gallon is as follows:

Company
Renewable
Diesel
87 Octane
Gasoline
1Year Estimated
Contract Cost
Merrimac Energy
Group OPIS $0.0657 OPIS $0.1690 $1,175,192.50
Mansfield Oil
Company OPIS $0.0929 OPIS $0.0909 $1,178,242.50
Pinnacle
Petroleum Inc.OPIS $0.0496 OPIS $0.1098 $1,183,930.00 Ramos Oil OPIS $0.0650 OPIS $0.0800 $1,184,215.00
Boyett Petroleum OPIS $0.0407 OPIS $0.1152 $1,184,957.50 Western States
Oil (STL)OPIS $0.0350 OPIS + $0.0209 $1,199,555.00
The contract provisions are for a oneyear contract with a oneyear extension option.

FINANCIAL IMPACT
The fuel provisions and delivery contract cost will be supported using specific State and Federal transportation revenue sources, nonGeneral Fund enterprise accounts and some General Fund monies. The total estimated cost of the oneyear contract is $1,175,192.50 based upon the weekly September 28, 2023, San Francisco OPIS rack price.

PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
The Invitation for Bid process was published on the City's website.

ALTERNATIVE ACTION
The council may reject all bids and not approve the agreement. However, this is not recommended as the City would be left without a fuel contract, necessitating paying retail rates for fuel.

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Agenda Item No: 7.AGENDA REPORTDATE:December 5, 2023 TO:Mayor and City CouncilFROM:David Gassaway, City ManagerSUBJECT:Resolution 2023283 of the City Council of the City of Fairfield Authorizing Execution ofa Contractor Services Agreement Between the City of Fairfield and MerrimacPetroleum, Inc. DBA Merrimac Energy Group for the Provision and Delivery ofRenewable Diesel and 87 Octane Gasoline at the City of Fairfield Corporation YardRECOMMENDED ACTIONAdopt resolution.STATEMENT OF ISSUEOn October 2, 2023, the City of Fairfield issued an Invitation for Bid for the provision and delivery of fuel.Staff recommends that the council award the contractor services agreement (Agreement) to the lowestresponsive and responsible bidder, Merrimac Petroleum, Inc., dba Merrimac Energy Group (MerrimacEnergy Group). Under the Agreement, Merrimac Energy Group will supply renewable diesel and 87octane gasoline for an estimated oneyear contract cost of $1,175,192.50.DISCUSSIONThe various operations at the Corporation Yard consume approximately 175,00 gallons of renewablediesel and approximately 100,000 gallons of 87 octane gasoline on an annual basis. FAST, the City’stransit system, comprises approximately 55.8% of the total consumption, other nongeneral fundenterprise account for approximately 22.7%, and general fund uses approximately 21.5%.The City’s use of renewable diesel, which is made from waste and residues, reduces its greenhousegas emissions by up to 80%. This reduction in tailpipe emissions contributes to improved local andregional air quality mandated by the State. These reductions in emissions are part of the City’s overallplan to meet the California Air Resources Board (CARB) Innovative Clean Transit (ICT) regulation andAdvanced Clean Fleet (ACF) regulation. Renewable diesel is a CARB approved transitional fuel thatFAST may use while emerging technologies are proven reliable. Due to the volatility of the fuel market, suppliers generally structure pricing at the OPIS rack rate(wholesale) per gallon plus the supplier’s fee per gallon. The OPIS rack rate fluctuates daily and isbased on the current cost for a barrel of oil. This pricing structure allows the wholesale cost to reflectchanges in the fuel market while the supplier’s per gallon fee remains fixed.The Agreement defines the scope of services as follows:1. Provide and deliver renewable diesel meeting CARB minimum specifications.2. Provide and deliver 87 octane gasoline meeting CARB minimum specifications.On October 2, 2023, the City issued an Invitation for Bid for the provision and delivery of fuel. Based onan average OPIS rack rate and the estimated annual consumption by the City, the suppliers were askedto provide pricing for each fuel type in the format of OPIS rack rate plus or minus supplier fee. Six suppliers responded to the Invitation for Bid. Those respondents were Merrimac Energy Group,Mansfield Oil Company, Pinnacle Petroleum Inc., Ramos Oil, Boyett Petroleum, and Western States Oil(STL). Nine suppliers that were sent bid documents did not respond. Bids were opened on November 6, 2023, with Merrimac Energy Group providing the lowest responsiveand responsible bid. Merrimac Energy Group will supply renewable diesel at the OPIS rack rate minus$0.0657 per gallon and 87 octane gasoline at the OPIS rack rate minus $0.1690 per gallon to equal anestimated oneyear contract cost of $1,175,192.50.The suppliers’ bid ranking with estimated contract cost based on an average annual wholesale fuel costper gallon is as follows:Company RenewableDiesel 87 OctaneGasoline 1Year EstimatedContract CostMerrimac EnergyGroup OPIS $0.0657 OPIS $0.1690 $1,175,192.50Mansfield OilCompany OPIS $0.0929 OPIS $0.0909 $1,178,242.50PinnaclePetroleum Inc.OPIS $0.0496 OPIS $0.1098 $1,183,930.00Ramos Oil OPIS $0.0650 OPIS $0.0800 $1,184,215.00Boyett Petroleum OPIS $0.0407 OPIS $0.1152 $1,184,957.50Western StatesOil (STL)OPIS $0.0350 OPIS + $0.0209 $1,199,555.00The contract provisions are for a oneyear contract with a oneyear extension option.FINANCIAL IMPACTThe fuel provisions and delivery contract cost will be supported using specific State and Federaltransportation revenue sources, nonGeneral Fund enterprise accounts and some General Fundmonies. The total estimated cost of the oneyear contract is $1,175,192.50 based upon the weeklySeptember 28, 2023, San Francisco OPIS rack price.PUBLIC CONTACT/ADVISORY BODY RECOMMENDATIONThe Invitation for Bid process was published on the City's website.ALTERNATIVE ACTIONThe council may reject all bids and not approve the agreement. However, this is not recommended as the City would be left without a fuel contract, necessitating paying retail rates for fuel.

STAFF CONTACT
David Renschler, Fleet Division Manager
(707) 4287414
[email protected]
COORDINATED WITH
City Attorney's Office
ATTACHMENTS:

Description
Proposed Resolution
Proposed Agreement
REVIEWERS:

Reviewer Action Date
Answerer Approved 11/20/2023 7:28 PM
Panganiban, Ryan Approved 11/20/2023 8:10 PM
Beavers, Esther Approved 11/21/2023 10:44 AM
Beavers, Esther Approved 11/21/2023 10:44 AM
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CITY OF FAIRFIELD

RESOLUTION NO. 2023-283

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAIRFIELD AUTHORIZING EXECUTION OF A

CONTRACTOR SERVICES AGREEMENT BETWEEN THE CITY OF FAIRFIELD AND MERRIMAC PETROLEUM, INC. DBA MERRIMAC ENERGY GROUP FOR THE PROVISION AND DELIVERY OF RENEWABLE DIESEL AND 87 OCTANE GASOLINE AT THE CITY OF FAIRFIELD CORPORATION YARD

WHEREAS, the City of Fairfield solicited bids for furnishing and delivering renewable diesel and 87 octane gasoline; and

WHEREAS, the City determined Merrimac Petroleum, Inc. dba Merrimac Energy Group (Merrimac Energy Group) to be the lowest-priced responsive and responsible bidder; and

WHEREAS, Merrimac Energy Group has agreed to enter into an agreement directly with the City to provide and deliver to the corporation yard renewable diesel and 87 octane gasoline at the bid price.

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

Section 1. The city manager is hereby authorized and directed to execute the attached Contractor Services Agreement with Merrimac Energy Group for the provision and delivery of renewable diesel and 87 octane gasoline in the amounts not to exceed the rates as follows:

 Renewable Diesel: OPIS rack rate minus $0.0657 per gallon  87 Octane Gasoline: OPIS rack rate minus $0.1690 per gallon

Section 2. The public works director is hereby authorized to do all things necessary and proper to implement the Agreement in addition to approving and executing up to a one -year extension option of the Agreement.

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RES. NO. 2023-283

Page 2 ends

PASSED AND ADOPTED this 5th day of December, 2023, by the following vote:

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

NOES: MEMBERS:

ABSENT: MEMBERS:

ABSTAIN: MEMBERS:

________________________
MAYOR

ATTEST:

____________________________

CITY CLERK

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Agenda Item No: 8.

AGENDA REPORT
DATE:December 5, 2023
TO:Mayor and City Council
FROM:David Gassaway, City Manager
SUBJECT:Resolution 2023284 of the City Council of the City of Fairfield Authorizing the City Manager to Execute a Side Letter Agreement with the Fairfield General Management Association to Amend the City Contract with CalPERS Pursuant to Government Code 20516 Relating to Cost Share
RECOMMENDED ACTION
Adopt resolution.

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.

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:

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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 of Fairfield General Management Association have met and conferred and have agreed to the attached side letter agreement.

FINANCIAL IMPACT
There is no financial impact as a result of this action.

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 Resolution
Proposed Side Letter FGMA
Packet Page 64 of 129

Agenda Item No: 8.AGENDA REPORTDATE:December 5, 2023 TO:Mayor and City CouncilFROM:David Gassaway, City ManagerSUBJECT:Resolution 2023284 of the City Council of the City of Fairfield Authorizing the CityManager to Execute a Side Letter Agreement with the Fairfield General ManagementAssociation to Amend the City Contract with CalPERS Pursuant to Government Code20516 Relating to Cost ShareRECOMMENDED ACTIONAdopt resolution.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. 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 representativesof Fairfield General Management Association have met and conferred and have agreed to the attachedside letter agreement.FINANCIAL IMPACTThere is no financial impact as a result of this action. PUBLIC 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 Resolution
Proposed Side Letter FGMA
REVIEWERS:

Reviewer Action Date
Pirouzmand, Farbod Approved 11/21/2023 1:56 AM
Henry, Alicia Approved 11/21/2023 1:03 PM
Pirouzmand, Farbod Approved 11/21/2023 7:29 PM
Beavers, Esther Approved 11/22/2023 11:53 AM
Beavers, Esther Approved 11/22/2023 11:53 AM
Packet Page 65 of 129

CITY OF FAIRFIELD

RESOLUTION NO. 2023-284

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAIRFIELD AUTHORIZING THE CITY

MANAGER TO EXECUTE A SIDE LETTER AGREEMENT WITH THE FAIRFIELD GENERAL

MANAGEMENT ASSOCIATION TO AMEND THE CITY CONTRACT WITH CALPERS PURSUANT TO GOVERNMENT CODE 20516 RELATING TO COST SHARE

WHEREAS, there is a Memorandum of Understanding (MOU) between the City of Fairfield and the Fairfield General Management Association (FGMA); and

WHEREAS, Article 12.B of the MOU between the City and FGMA states employees will pay 2.75% towards the employer rate; and

WHEREAS, CalPERS requires that the City of Fairfield adopt a resolution that specifically identifies the information for employees represented by FGMA in order to amend the contract with CalPERS to include cost share for the following employees:
 Classic employees hired prior to January of 2023
 Shall pay an additional 2.75% towards the employer rate per GC 20516  Effective date per agreement or as administratively possible by CalPERS

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

Section 1. The City Council authorizes the city manager to execute an agreement between the City of Fairfield and FGMA to reflect the employee cost share amount as described above.

PASSED AND ADOPTED this 5th day of December, 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 66 of 129Attachment 1 Page 1 of 1

Packet Page 67 of 129Attachment 2 Page 1 of 1

Agenda Item No: 9.

AGENDA REPORT
DATE:December 5, 2023
TO:Mayor and City Council
FROM:David Gassaway, City Manager
SUBJECT:Resolution 2023285 of the City Council of the City of Fairfield Authorizing the City Manager to Execute a Side Letter Agreement with the Fairfield Employees' Association to Amend the City Contract with CalPERS Pursuant to Government Code 20516 Relating to Cost Share
RECOMMENDED ACTION
Adopt resolution.

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 68 of 129

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.

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 of Fairfield Employees' Association have met and conferred and have agreed to the attached side letter agreement.

FINANCIAL IMPACT
There is no financial impact as a result of this action.

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 Resolution
Packet Page 69 of 129

Agenda Item No: 9.AGENDA REPORTDATE:December 5, 2023 TO:Mayor and City CouncilFROM:David Gassaway, City ManagerSUBJECT:Resolution 2023285 of the City Council of the City of Fairfield Authorizing the CityManager to Execute a Side Letter Agreement with the Fairfield Employees' Associationto Amend the City Contract with CalPERS Pursuant to Government Code 20516Relating to Cost ShareRECOMMENDED ACTIONAdopt resolution.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. 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 representativesof Fairfield Employees' Association have met and conferred and have agreed to the attached side letteragreement.FINANCIAL IMPACTThere is no financial impact as a result of this action.PUBLIC 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 Resolution
Proposed Side Letter FEA
REVIEWERS:

Reviewer Action Date
Pirouzmand, Farbod Approved 11/21/2023 1:47 AM
Henry, Alicia Approved 11/21/2023 12:36 PM
Pirouzmand, Farbod Approved 11/21/2023 7:28 PM
Beavers, Esther Approved 11/22/2023 11:44 AM
Beavers, Esther Approved 11/22/2023 11:51 AM
Packet Page 70 of 129

CITY OF FAIRFIELD

RESOLUTION NO. 2023-285

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAIRFIELD AUTHORIZING THE CITY MANAGER TO EXECUTE A SIDE LETTER AGREEMENT WITH THE FAIRFIELD EMPLOYEES’

ASSOCIATION TO AMEND THE CITY CONTRACT WITH CALPERS PURSUANT TO GOVERNMENT CODE 20516 RELATING TO COST SHARE

WHEREAS, there is a Memorandum of Understanding (MOU) between the City of Fairfield and the Fairfield Employees’ Association (FEA); and

WHEREAS, Article 12.B of the MOU between the City and FEA states employees will pay 2.5% towards the employer rate; and

WHEREAS, CalPERS requires that the City of Fairfield adopt a resolution that specifically identifies the information for employees represented by FEA in order to amend the contract with CalPERS to include cost share for the following employees:
 Classic employees hired prior to January of 2023
 Shall pay an additional 2.5% towards the employer rate per GC 20516  Effective date per agreement or as administratively possible by CalPERS

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

Section 1. The City Council authorizes the city manager to execute an agreement between the City of Fairfield and FEA to reflect the employee cost share amount as described above.

PASSED AND ADOPTED this 5th day of December, 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 71 of 129Attachment 1 Page 1 of 1

City of Fairfield And Fairfield Employees’ Association (SEIU 1021) Side Letter of Agreement on CALPERS Cost Share for Classic Members

This side letter of agreement is entered into and by and between City of Fairfield and Fairfield Employees’ Association, SEIU 1021(FEA).

The City of Fairfield and FEA have met and conferred in good faith pursuant to California Government Code 3505, hereby agree to revise 12.B of the Memorandum of Understanding (MOU), as follows:

• FEA classic members have agreed to share 2.5% towards the City of Fairfield CalPERS cost pursuant to Government Code 20516. This shall take effect on August 10, 2022 or as administratively possible by CalPERS.

This side letter is subject to and incorporated into the parties’ MOU.

City of Fairfield Fairfield Employees Association, SEIU 1021

David Gassaway Emma Gerould
City Manager SEIU 1021 Field Director
Packet Page 72 of 129Attachment 2 Page 1 of 1

Agenda Item No: 10.

AGENDA REPORT
DATE:December 5, 2023
TO:Mayor and City Council
FROM:David Gassaway, City Manager
SUBJECT:Resolution 2023286 of the City Council of the City of Fairfield Authorizing the City Manager to Execute a Side Letter Agreement with the Fairfield Professional Firefighters' Association to Amend the City Contract with CalPERS Pursuant to Government Code 20516 Relating to Cost Share
RECOMMENDED ACTION
Adopt resolution.

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 73 of 129

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.

FINANCIAL IMPACT
There is no financial impact as a result of this action.

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 Resolution
Packet Page 74 of 129

Agenda Item No: 10.AGENDA REPORTDATE:December 5, 2023 TO:Mayor and City CouncilFROM:David Gassaway, City ManagerSUBJECT:Resolution 2023286 of the City Council of the City of Fairfield Authorizing the CityManager to Execute a Side Letter Agreement with the Fairfield ProfessionalFirefighters' Association to Amend the City Contract with CalPERS Pursuant toGovernment Code 20516 Relating to Cost ShareRECOMMENDED ACTIONAdopt resolution.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. 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 representativesof Fairfield General Management Association have met and conferred and have agreed to the attachedside letter agreement.FINANCIAL IMPACTThere is no financial impact as a result of this action. PUBLIC 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 Resolution
Proposed Side Letter FPFA
REVIEWERS:

Reviewer Action Date
Pirouzmand, Farbod Approved 11/21/2023 2:15 AM
Henry, Alicia Approved 11/21/2023 2:16 PM
Pirouzmand, Farbod Approved 11/21/2023 7:30 PM
Beavers, Esther Approved 11/22/2023 12:13 PM
Beavers, Esther Approved 11/22/2023 12:14 PM
Packet Page 75 of 129

CITY OF FAIRFIELD

RESOLUTION NO. 2023-286

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAIRFIELD AUTHORIZING THE CITY

MANAGER TO EXECUTE A SIDE LETTER AGREEMENT WITH THE FAIRFIELD PROFESSIONAL FIREFIGHTERS’ ASSOCIATION TO AMEND THE CITY CONTRACT WITH CALPERS PURSUANT TO GOVERNMENT CODE 20516 RELATING TO COST SHARE

WHEREAS, there is a Memorandum of Understanding (MOU) between the City of Fairfield and the Fairfield Professional Firefighters’ Association (FPFA); and

WHEREAS, Article 13.C. of the MOU between the City and FPFA states employees will pay 2.25% towards the employer rate; and

WHEREAS, CalPERS requires that the City of Fairfield adopt a resolution that specifically identifies the information for employees represented by FPFA in order to amend the contract with CalPERS to include cost share for the following employees:
 Classic employees hired prior to January of 2023
 Shall pay an additional 2.25% towards the employer rate per GC 20516  Effective date per agreement or as administratively possible by CalPERS

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

Section 1. The City Council authorizes the city manager to execute an agreement between the City of Fairfield and FPFA to reflect the employee cost share amount as described above.

PASSED AND ADOPTED this 5th day of December, 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 76 of 129Attachment 1 Page 1 of 1

Packet Page 77 of 129Attachment 2 Page 1 of 1

Agenda Item No: 11.

AGENDA REPORT
DATE:December 5, 2023
TO:Mayor and City Council
FROM:David Gassaway, City Manager
SUBJECT:Resolution 2023287 of the City Council of the City of Fairfield Authorizing the City Manager to Execute a Side Letter Agreement with the Fairfield Fire Managers' Association to Amend the City Contract with CalPERS Pursuant to Government Code 20516 Relating to Cost Share
RECOMMENDED ACTION
Adopt resolution.

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 78 of 129

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.

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 of Fairfield Fire Managers' Association have met and conferred and have agreed to the attached side letter agreement.

FINANCIAL IMPACT
There is no financial impact as a result of this action.

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 Resolution
Packet Page 79 of 129

Agenda Item No: 11.AGENDA REPORTDATE:December 5, 2023 TO:Mayor and City CouncilFROM:David Gassaway, City ManagerSUBJECT:Resolution 2023287 of the City Council of the City of Fairfield Authorizing the CityManager to Execute a Side Letter Agreement with the Fairfield Fire Managers'Association to Amend the City Contract with CalPERS Pursuant to Government Code20516 Relating to Cost ShareRECOMMENDED ACTIONAdopt resolution.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. 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 representativesof Fairfield Fire Managers' Association have met and conferred and have agreed to the attached sideletter agreement.FINANCIAL IMPACTThere is no financial impact as a result of this action.PUBLIC 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 Resolution
Proposed Side Letter FFMA
REVIEWERS:

Reviewer Action Date
Pirouzmand, Farbod Approved 11/21/2023 1:53 AM
Henry, Alicia Approved 11/21/2023 1:00 PM
Pirouzmand, Farbod Approved 11/21/2023 7:29 PM
Beavers, Esther Approved 11/22/2023 11:51 AM
Beavers, Esther Approved 11/22/2023 11:52 AM
Packet Page 80 of 129

CITY OF FAIRFIELD

RESOLUTION NO. 2023-287

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAIRFIELD AUTHORIZING THE CITY MANAGER TO EXECUTE A SIDE LETTER AGREEMENT WITH THE FAIRFIELD FIRE MANAGERS’

ASSOCIATION TO AMEND THE CITY CONTRACT WITH CALPERS PURSUANT TO GOVERNMENT CODE 20516 RELATING TO COST SHARE

WHEREAS, there is a Memorandum of Understanding (MOU) between the City of Fairfield and the Fairfield Fire Managers’ Association (FFMA); and

WHEREAS, Article 13.A. of the MOU between the City and FFMA states employees will pay 2.25% towards the employer rate; and

WHEREAS, CalPERS requires that the City of Fairfield adopt a resolution that specifically identifies the information for employees represented by FFMA in order to amend the contract with CalPERS to include cost share for the following employees:
 Classic employees hired prior to January of 2023
 Shall pay an additional 2.25% towards the employer rate per GC 20516  Effective date per agreement or as administratively possible by CalPERS

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

Section 1. The City Council authorizes the city manager to execute an agreement between the City of Fairfield and FFMA to reflect the employee cost share amount as described above.

PASSED AND ADOPTED this 5th day of December, 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 81 of 129Attachment 1 Page 1 of 1

Packet Page 82 of 129Attachment 2 Page 1 of 1

Agenda Item No: 12.

AGENDA REPORT
DATE:December 5, 2023
TO:Mayor and City Council
FROM:David Gassaway, City Manager
SUBJECT:Resolution 2023288 of the City Council of the City of Fairfield Authorizing the City Manager to Execute a Side Letter Agreement with the Fairfield PartTime Employees' Association to Amend the City Contract with CalPERS Pursuant to Government Code 20516 Relating to Cost Share
RECOMMENDED ACTION
Adopt resolution.

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 83 of 129

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.

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 of Fairfield PartTime Employees' Association have met and conferred and have agreed to the attached side letter agreement.

FINANCIAL IMPACT
There is no financial impact as a result of this action.

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 Resolution
Packet Page 84 of 129

Agenda Item No: 12.AGENDA REPORTDATE:December 5, 2023 TO:Mayor and City CouncilFROM:David Gassaway, City ManagerSUBJECT:Resolution 2023288 of the City Council of the City of Fairfield Authorizing the CityManager to Execute a Side Letter Agreement with the Fairfield PartTime Employees'Association to Amend the City Contract with CalPERS Pursuant to Government Code20516 Relating to Cost ShareRECOMMENDED ACTIONAdopt resolution.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. 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 representativesof Fairfield PartTime Employees' Association have met and conferred and have agreed to the attachedside letter agreement.FINANCIAL IMPACTThere is no financial impact as a result of this action. PUBLIC 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 Resolution
Proposed Side Letter FPTEA
REVIEWERS:

Reviewer Action Date
Pirouzmand, Farbod Approved 11/21/2023 1:59 AM
Henry, Alicia Approved 11/21/2023 1:16 PM
Pirouzmand, Farbod Approved 11/21/2023 7:32 PM
Beavers, Esther Approved 11/22/2023 11:53 AM
Beavers, Esther Approved 11/22/2023 11:54 AM
Packet Page 85 of 129

CITY OF FAIRFIELD

RESOLUTION NO. 2023-288

RESOLUTION 2023- OF THE CITY COUNCIL OF THE CITY OF FAIRFIELD AUTHORIZING THE CITY

MANAGER TO EXECUTE A SIDE LETTER AGREEMENT WITH THE FAIRFIELD PART-TIME EMPLOYEES’ ASSOCIATION TO AMEND THE CITY CONTRACT WITH CALPERS PURSUANT TO GOVERNMENT CODE 20516 RELATING TO COST SHARE

WHEREAS, there is a Memorandum of Understanding (MOU) between the City of Fairfield and the Fairfield Part-Time Employees’ Association (FPTEA); and

WHEREAS, Article 13.A. of the MOU between the City and FPTEA states employees will pay 2.5% towards the employer rate; and

WHEREAS, CalPERS requires that the City of Fairfield adopt a resolution that specifically identifies the information for employees represented by FPTEA in order to amend the contract with CalPERS to include cost share for the following employees:

 Classic employees hired prior to January of 2023
 Shall pay an additional 2.5% towards the employer rate per GC 20516.  Effective date per agreement or as administratively possible by CalPERS.

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

Section 1. The City Council authorizes the city manager to execute an agreement between the City of Fairfield and FPTEA to reflect the employee cost share amount as described above.

PASSED AND ADOPTED this 5th day of December, 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 86 of 129Attachment 1 Page 1 of 1

City of Fairfield And Fairfield Part Time Employee’s Association, SEIU 1021 Side Letter of Agreement on CALPERS Cost Share for Classic Members

This side letter of agreement is entered into and by and between City of Fairfield and Fairfield Part Time Employees’ Association, SEIU 1021.

The City of Fairfield and Fairfield Part Time Employees’ Association, SEIU 1021 (FPTEA) have met and conferred in good faith pursuant to California Government Code 3505, hereby agree to add a new section, 13.D to the Memorandum of Understanding (MOU), as follows:

• FPTEA classic members have agreed to share 2.5 towards the City of Fairfield CalPERS cost pursuant to Government Code 20516. This shall take effect on August 10, 2022 or as administratively possible by CalPERS.

This side letter is subject to and incorporated into the parties’ MOU.

City of Fairfield Fairfield Employees Association, SEIU 1021

David Gassaway Emma Gerould
City Manager SEIU 1021 Field Director
Packet Page 87 of 129Attachment 2 Page 1 of 1

Agenda Item No: 13.

AGENDA REPORT
DATE:December 5, 2023
TO:Mayor and City Council
FROM:David Gassaway, City Manager
SUBJECT:Resolution 2023289 of the City Council of the City of Fairfield Authorizing the City Manager to Execute a Side Letter Agreement with the Fairfield Police Management Association to Amend the City Contract with CalPERS Pursuant to Government Code 20516 Relating to Cost Share
RECOMMENDED ACTION
Adopt resolution.

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 88 of 129

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, Police: 2.25%, and Police Managers agreed to increase cost share to 3%). 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.

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 of Fairfield Police Management Association have met and conferred and have agreed to the attached side letter agreement.

FINANCIAL IMPACT
There is no financial impact as a result of this action.

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 Resolution
Packet Page 89 of 129

Agenda Item No: 13.AGENDA REPORTDATE:December 5, 2023 TO:Mayor and City CouncilFROM:David Gassaway, City ManagerSUBJECT:Resolution 2023289 of the City Council of the City of Fairfield Authorizing the CityManager to Execute a Side Letter Agreement with the Fairfield Police ManagementAssociation to Amend the City Contract with CalPERS Pursuant to Government Code20516 Relating to Cost ShareRECOMMENDED ACTIONAdopt resolution.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. 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, Police: 2.25%, and Police Managers agreed to increase cost share to 3%). However, in theensuing years, the City staff did not amend the contract to reflect the agreement with each bargainingunit that the cost sharing provisions listed in each MOU will continue to be in effect for the foreseeablefuture. CalPERS staff also did not take note of the changes in the contract and continued to accept theCity’s payroll reports until September of this year assuming the cost sharing agreements will continueas 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 representativesof Fairfield Police Management Association have met and conferred and have agreed to the attachedside letter agreement.FINANCIAL IMPACTThere is no financial impact as a result of this action.PUBLIC CONTACT/ADVISORY BODY RECOMMENDATIONN/AALTERNATIVE ACTIONCity Council may choose not to approve the amendment to the CalPERS contractSTAFF CONTACTFarbod Pirouzmand, Human Resources Director(707) 428[email protected] WITHCity Manager's Office, Finance DepartmentATTACHMENTS:

Description
Proposed Resolution
Proposed Side Letter FPMA
REVIEWERS:

Reviewer Action Date
Pirouzmand, Farbod Approved 11/21/2023 2:09 AM
Henry, Alicia Approved 11/21/2023 1:20 PM
Pirouzmand, Farbod Approved 11/21/2023 7:32 PM
Beavers, Esther Approved 11/22/2023 11:56 AM
Beavers, Esther Approved 11/22/2023 12:04 PM
Packet Page 90 of 129

CITY OF FAIRFIELD

RESOLUTION NO. 2023-289

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAIRFIELD AUTHORIZING THE CITY

MANAGER TO EXECUTE A SIDE LETTER AGREEMENT WITH THE FAIRFIELD POLICE

MANAGEMENT ASSOCIATION TO AMEND THE CITY CONTRACT WITH CALPERS PURSUANT TO GOVERNMENT CODE 20516 RELATING TO COST SHARE

WHEREAS, there is a Memorandum of Understanding (MOU) between the City of Fairfield and the Fairfield Police Management Association (FPMA); and

WHEREAS, Article 17.B.1 of the MOU between the City and FPMA states employees will pay 3% towards the employer rate; and

WHEREAS, CalPERS requires that the City of Fairfield adopt a resolution that specifically identifies the information for employees represented by FEA in order to amend the contract with CalPERS to include cost share for the following employees:
 Classic employees hired prior to January of 2023
 Shall pay an additional 3% towards the employer rate per GC 20516  Effective date per agreement or as administratively possible by CalPERS

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

Section 1. The City Council authorizes the city manager to execute an agreement between the City of Fairfield and FPMA to reflect the employee cost share amount as described above.

PASSED AND ADOPTED this 5th day of December, 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 91 of 129Attachment 1 Page 1 of 1

City of Fairfield And Fairfield Police Management Association Side Letter of Agreement on CALPERS Cost Share for Classic Members

This side letter of agreement is entered into and by and between City of Fairfield and Fairfield Police Management Association (FPMA).

The City of Fairfield and FPMA have met and conferred in good faith pursuant to California Government Code 3505, hereby agree to revise first paragraph of section 17.B of the Memorandum of Understanding (MOU), as follows:

• FPMA classic members have agreed to share 3% towards the City of Fairfield CalPERS cost pursuant to Government Code 20516. This shall take retroactive effect on June 17, 2021 and be updated as administratively possible by CalPERS following the signing of this side letter. The total employee contribution is 12%. The City shall pay 9.0% as an Employer Paid Member Contribution.

The remaining terms in Article 17. B are in full force and effect. This side letter is subject to and incorporated into the parties’ MOU.

City of Fairfield Fairfield Police Management Association

David Gassaway John Divine
City Manager President
11/29/2023
Packet Page 92 of 129Attachment 2 Page 1 of 1

Agenda Item No: 14.

AGENDA REPORT
DATE:December 5, 2023
TO:Mayor and City Council
FROM:David Gassaway, City Manager
SUBJECT:Resolution 2023290 of the City Council of the City of Fairfield Authorizing the City Manager to Execute a Side Letter Agreement with the Fairfield Police Officers' Association to Amend the City Contract with CalPERS Pursuant to Government Code 20516 Relating to Cost Share
RECOMMENDED ACTION
Adopt resolution.

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 93 of 129

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.

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 of Fairfield Police Officers' Association have met and conferred and have agreed to the attached side letter agreement.

FINANCIAL IMPACT
There is no financial impact as a result of this action.

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 Resolution
Packet Page 94 of 129

Agenda Item No: 14.AGENDA REPORTDATE:December 5, 2023 TO:Mayor and City CouncilFROM:David Gassaway, City ManagerSUBJECT:Resolution 2023290 of the City Council of the City of Fairfield Authorizing the CityManager to Execute a Side Letter Agreement with the Fairfield Police Officers'Association to Amend the City Contract with CalPERS Pursuant to Government Code20516 Relating to Cost ShareRECOMMENDED ACTIONAdopt resolution.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. 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 representativesof Fairfield Police Officers' Association have met and conferred and have agreed to the attached sideletter agreement.FINANCIAL IMPACTThere is no financial impact as a result of this action.PUBLIC 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 Resolution
Proposed Side Letter FPOA
REVIEWERS:

Reviewer Action Date
Pirouzmand, Farbod Approved 11/21/2023 2:12 AM
Henry, Alicia Approved 11/21/2023 1:23 PM
Pirouzmand, Farbod Approved 11/21/2023 7:31 PM
Beavers, Esther Approved 11/22/2023 12:12 PM
Beavers, Esther Approved 11/22/2023 12:13 PM
Packet Page 95 of 129

CITY OF FAIRFIELD

RESOLUTION NO. 2023-290

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAIRFIELD AUTHORIZING THE CITY MANAGER TO EXECUTE A SIDE LETTER AGREEMENT WITH THE FAIRFIELD POLICE OFFICERS’

ASSOCIATION TO AMEND THE CITY CONTRACT WITH CALPERS PURSUANT TO GOVERNMENT CODE 20516 RELATING TO COST SHARE

WHEREAS, there is a Memorandum of Understanding (MOU) between the City of Fairfield and the Fairfield Police Officers’ Association (FPOA); and

WHEREAS, Article 16.B. of the MOU between the City and FPOA states employees will pay 2.25% towards the employer rate; and

WHEREAS, CalPERS requires that the City of Fairfield adopt a resolution that specifically identifies the information for employees represented by FPOA in order to amend the contract with CalPERS to include cost share for the following employees:
 Classic employees hired prior to January of 2023
 Shall pay an additional 2.25% towards the employer rate per GC 20516.  Effective date per agreement or as administratively possible by CalPERS.

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

Section 1. The City Council authorizes the city manager to execute an agreement between the City of Fairfield and FPOA to reflect the employee cost share amount as described above.

PASSED AND ADOPTED this 5th day of December, 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 96 of 129Attachment 1 Page 1 of 1

Packet Page 97 of 129Attachment 2 Page 1 of 1

Agenda Item No: 15.

AGENDA REPORT
DATE:December 5, 2023
TO:Mayor and City Council
FROM:David Gassaway, City Manager
SUBJECT:Resolution 2023291 of the City Council of the City of Fairfield Amending the City’s CalPERS Contract Pursuant to Government Code 20516 to Reflect the Current Employee Cost Share for the Unrepresented Employees
RECOMMENDED ACTION
Adopt resolution.

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.Classic employees in un represented groups are also impacted by issues described in this report. 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.

Employee Category Percentage Dates
Miscellaneous 2.227%August 9, 2022
Fire 1.810%December 21,
2021
Police 1.666%June 16, 2021
There are three different groups of unrepresented employees at the City: nonmanagement confidential, management confidential and executive management. These employees work in Finance, HR and the City Manager’s Office primarily, including department heads, Assistant City Manager and City Manager.Classic employees in these unrepresented have historically followed the FEA and FGMA cost sharing provisions.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.

CalPERS staff prescribed the following steps for the contract amendment that effects nonrepresented employees. First, the City Council would have to approve a resolution that listed the cost sharing amounts for each group and that authorized the City Manager to amend the CalPERS contract.

Second, CalPERS will print out ballots for each classic member in the nonrepresented groups. And City staff will disseminate the ballots to those employees for them to vote on amending the CalPERS contract to reflect the current cost share amounts paid by employees.

FINANCIAL IMPACT
There is no financial impact as a result of this action.

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 Resolution
REVIEWERS:

Packet Page 99 of 129

Agenda Item No: 15.AGENDA REPORTDATE:December 5, 2023 TO:Mayor and City CouncilFROM:David Gassaway, City ManagerSUBJECT:Resolution 2023291 of the City Council of the City of Fairfield Amending the City’sCalPERS Contract Pursuant to Government Code 20516 to Reflect the CurrentEmployee Cost Share for the Unrepresented EmployeesRECOMMENDED ACTIONAdopt resolution.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. Unrepresented employees follow the FEA and FGMA cost shareprovisions, which also need to be reflected in the amended CalPERS contract. 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.Classic employees in unrepresented groups are also impacted by issues described in this report. Both City and CalPERS staffare working together to resolve this matter.Here is the summary of the reasons for the need to amendthe 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 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, 2021There are three different groups of unrepresented employees at the City: nonmanagementconfidential, management confidential and executive management. These employees work in Finance,HR and the City Manager’s Office primarily, including department heads, Assistant City Manager andCity Manager.Classic employees in these unrepresented have historically followed the FEA andFGMA cost sharing provisions.After 2012, the MOU’s continued to have the same cost sharingprovision as listed above (Misc: 2.5%, Fire and Police: 2.25%). However, in the ensuing years, the Citystaff did not amend the contract to reflect the agreement with each bargaining unit that the cost sharingprovisions listed in each MOU will continue to be in effect for the foreseeable future. CalPERS staff alsodid not take note of the changes in the contract and continued to accept the City’s payroll reports untilSeptember of this year assuming the cost sharing agreements will continue as negotiated between theCity and employee associations. CalPERS staff prescribed the following steps for the contract amendment that effects nonrepresentedemployees. First, the City Council would have to approve a resolution that listed the cost sharingamounts for each group and that authorized the City Manager to amend the CalPERS contract.Second, CalPERS will print out ballots for each classic member in the nonrepresented groups. AndCity staff will disseminate the ballots to those employees for them to vote on amending the CalPERScontract to reflect the current cost share amounts paid by employees. FINANCIAL IMPACTThere is no financial impact as a result of this action. PUBLIC 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 Resolution
REVIEWERS:

Reviewer Action Date
Pirouzmand, Farbod Approved 11/21/2023 2:18 AM
Henry, Alicia Approved 11/21/2023 1:55 PM
Pirouzmand, Farbod Approved 11/21/2023 7:30 PM
Beavers, Esther Approved 11/22/2023 12:14 PM
Beavers, Esther Approved 11/22/2023 12:14 PM
Packet Page 100 of 129

CITY OF FAIRFIELD

RESOLUTION NO. 2023-291

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAIRFIELD AMENDING THE CITY’S CALPERS CONTRACT PURSUANT TO GOVERNMENT CODE 20516 TO REFLECT THE CURRENT EMPLOYEE COST

SHARE FOR THE UNREPRESENTED EMPLOYEES

WHEREAS, The Unrepresented Employees Group of the City of Fairfield are not covered by a Memorandum of Understanding; and

WHEREAS, THE City of Fairfield has three groups of non-represented employees, which are, Non-Management Confidential, Management Confidential, and Executive Management; and WHEREAS, CalPERS requires that the City of Fairfield adopt a resolution that specifically identifies the information for unrepresented employees in order to amend the contract with CalPERS to include cost share for the following employees;  Classic employees hired at the City prior to January of 2023  Non-Management Confidential employees shall pay an additional 2.5% towards the employer rate per GC 20516.
 Management Confidential employees shall pay an additional 2.75% towards the employer rate per GC 20516
 Executive Management employees shall pay an additional 2.5% towards the employer rate per GC20516
 Effective date per agreement or as administratively possible by CalPERS.

WHEREAS, this resolution is an agreement between the City of Fairfield and its unrepresented employees (non-management, management and executive) to include cost share pursuant to GC 20516.

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

Section 1. The City Council authorizes the city manager to amend the existing contract between the City of Fairfield and CalPERS under Government Code 20516.

Packet Page 101 of 129Attachment 1 Page 1 of 2

RES. NO. 2023-291

Page 2 ends

PASSED AND ADOPTED this 5th day of December, 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 102 of 129Attachment 1 Page 2 of 2

Agenda Item No: 16.

AGENDA REPORT
DATE:December 5, 2023
TO:Mayor and City Council
FROM:David Gassaway, City Manager
SUBJECT:Second Reading and Adoption of Ordinance 202313 of the City Council of the City of Fairfield Establishing Campaign Contribution Limits for the City of Fairfield Elected Offices
RECOMMENDED ACTION
Provide second reading and adopt Ordinance 202313.

STATEMENT OF ISSUE
Adopt an ordinance establishing no limits for campaign contributions for City of Fairfield elected officials.

DISCUSSION
On the November 21, 2023, City Council meeting, the City Council approved Resolution 2023280 approving the campaign contribution limits for the City of Fairfield elected offices and the first reading and introduction of Ordinance 202313 establishing campaign contribution limits for the City of Fairfield elected offices.

On January 1, 2021, Assembly Bill 571 (AB 571) amended the Political Reform Act to add default campaign contribution limitations for local elected officials in cities that had not enacted their own contribution limits. Prior to AB 571, the State left it to cities and counties to adopt local campaign contribution limits if desired; however, the City of Fairfield has not adopted any campaign contribution limits. The 20232024 contribution limit for candidates in cities and counties that have not enacted local limits is $5,500. The California Fair Political Practices Commission (FPPC) adjusts the contribution limits in January of every oddnumber year to account for inflation. The primary, general, special, and special runoff elections are considered separate elections and contribution limits to candidates apply to each election.

The ordinance before the council tonight would create an unlimited amount for campaign contributions.

The FPPC does not regulate the administration or enforcement of locally established contribution limits thus, violations would be subject to the City of Fairfield’s general penalties as outlined in Fairfield Municipal Code Chapter 1.07. All violations may be investigated and enforced by the District Attorney or their designed representative.

Packet Page 103 of 129

Agenda Item No: 16.AGENDA REPORTDATE:December 5, 2023 TO:Mayor and City CouncilFROM:David Gassaway, City ManagerSUBJECT:Second Reading and Adoption of Ordinance 202313 of the City Council of the City ofFairfield Establishing Campaign Contribution Limits for the City of Fairfield ElectedOfficesRECOMMENDED ACTIONProvide second reading and adopt Ordinance 202313.STATEMENT OF ISSUEAdopt an ordinance establishing no limits for campaign contributions for City of Fairfield electedofficials.DISCUSSIONOn the November 21, 2023, City Council meeting, the City Council approved Resolution 2023280approving the campaign contribution limits for the City of Fairfield elected offices and the first readingand introduction of Ordinance 202313 establishing campaign contribution limits for the City of Fairfieldelected offices.On January 1, 2021, Assembly Bill 571 (AB 571) amended the Political Reform Act to add defaultcampaign contribution limitations for local elected officials in cities that had not enacted their owncontribution limits. Prior to AB 571, the State left it to cities and counties to adopt local campaigncontribution limits if desired; however, the City of Fairfield has not adopted any campaign contributionlimits. The 20232024 contribution limit for candidates in cities and counties that have not enacted locallimits is $5,500. The California Fair Political Practices Commission (FPPC) adjusts the contributionlimits in January of every oddnumber year to account for inflation. The primary, general, special, andspecial runoff elections are considered separate elections and contribution limits to candidates applyto each election.The ordinance before the council tonight would create an unlimited amount for campaign contributions.The FPPC does not regulate the administration or enforcement of locally established contribution limitsthus, violations would be subject to the City of Fairfield’s general penalties as outlined in Fairfield Municipal Code Chapter 1.07. All violations may be investigated and enforced by the District Attorney or their designed representative.

Throughout Solano County, local agencies have set varying campaign limits:

Agency Limit Notes
Benicia $250 If a candidate accepts voluntary expenditure limits, they may accept up to $500 contributions. Total expenditures may not exceed $28,000
Dixon $25,000 Adopted December 15, 2020
Rio Vista $5,500 Default to State Limit
Suisun City $5,500 Default to State Limit
Vacaville Unlimited Adopted June 28, 2022
Vallejo $5,500 Default to State Limit
Solano County $30,000 Adopted January 11, 2022. County may adjust contribution limit in January of every oddnumbered year Regardless of whether the council decides to establish an unlimited campaign contribution amount, elected city officials are still subject to SB 1439 (Levine Act Bill). SB 1439 prohibits local elected officials from voting on matters that have a direct financial effect on interested parties that have contributed $250 or more to the official’s campaign in the previous year. It also prohibits local officials from accepting such a contribution for a year after the vote. The law applies to votes on real estate developments, trash hauling contracts, and other matters where there is a direct link between an official’s vote and the financial interest of the donor.

FINANCIAL IMPACT
N/A
PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
N/A
ALTERNATIVE ACTION
The council may choose to adopt an alternative campaign contribution limit different from the state, but not unlimited. The council may choose to adopt no campaign contribution limit and continue to default to the state limits.

STAFF CONTACT
Anna Guiles, Assistant to the City Manager
(707) 4287399
[email protected]
COORDINATED WITH
City Attorney's Office
ATTACHMENTS:

Description
Proposed Ordinance
REVIEWERS:

Reviewer Action Date
Beavers, Esther Approved 11/21/2023 10:45 AM
Packet Page 104 of 129

CITY OF FAIRFIELD

ORDINANCE NO. 2023-13

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FAIRFIELD ESTABLISHING

CAMPAIGN CONTRIBUTIONS

THE CITY COUNCIL OF THE CITY OF FAIRFIELD DOES ORDAIN AS FOLLOWS:

SECTION 1. The City Council finds as follows:

WHEREAS, Pursuant to Government Code section 85301(d)(1), beginning January 1, 2021, a state campaign contribution limit of $3,000 per election was applied by default to city candidates when a city had not already enacted a contribution limit on such candidates; and

WHEREAS, pursuant to the authority granted to the City Council in Government Code Section 85702.5(a), a city may, by ordinance or resolution, impose a limit on contributions to a candidate for city office that is different from the limit set forth in section 85301(d); and

WHEREAS, pursuant to the authority granted to the City Council in Government Code Section 85702.5(b), a city that establishes a contribution limit pursua nt to section 85702.5(a) may adopt enforcement standards for a violation of that limit, which may include administrative, civil, or criminal penalties; and

WHEREAS, pursuant to the authority granted to the City Council in Government Code Section 85702.5(c), the Fair Political Practices Commission shall not be responsible for the administration or enforcement of a contribution limit adopted pursuant to section 85702.5(a); and

WHEREAS, the City of Fairfield candidates have been subject to the stat e default contribution limits since January 1, 2021,

NOW THEREFORE the City Council desires to establish a new campaign contribution limit for City elected offices to be effective upon passage of this ordiance.

SECTION 2. Chapter 2A is hereby modified to the Fairfield City Code to read as follows:

2A.7 Campaign Contributions.

A. The limit for contributions to or received for elective City office shall be set by resolution of the City Council at its discretion.

Packet Page 105 of 129Attachment 1 Page 1 of 2

ORD. NO. 2023-13

Page 2 ends

B. Where the City Council does not set a limit for contributions to or received for elective City office, the limit shall be that provide for under California Government Code section 85301(d). Any violation of a campaign contribution limit set by resolution of the City Council shall be subject to enforcement and penalties pursuant to Chapter 1.7, General Penalty. All violations may be investigated and enforced by the District Attorney or their designated representative.

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 published 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 21st day of November 2023, and

PASSED AND ADOPTED this 5th day of December, 2023, by the following vote:

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

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

MAYOR

ATTEST:

_________________________

CITY CLERK
Packet Page 106 of 129Attachment 1 Page 2 of 2

Agenda Item No: 17.

AGENDA REPORT
DATE:December 5, 2023
TO:Mayor and City Council
FROM:David Gassaway, City Manager
SUBJECT:Resolution 2023292 of the City Council of the City of Fairfield Authorizing the City Manager to Sign the Joint Exercise of Powers Agreement for the Provision and Management of Emergency Ambulance Services (JEPA)
RECOMMENDED ACTION
Adopt resolution and authorize City Manager to sign the Joint Exercise of Powers Agreement for the Provision and Management of Emergency Ambulance Services (JEPA).

STATEMENT OF ISSUE
In March 2022 the Cities of Vallejo, Rio Vista, Benicia, Dixon, Suisun City and Fairfield hired AP Triton to conduct a comprehensive ambulance transportation study in Solano County.AP Triton recommended exploring an ambulance subcontracting model, which could maintain the high level of service and improve sustainability for the ambulance provider and the areas being served. Assembly Bill (AB) 389 allows the County Board of Supervisors to directly award an ambulance contract to a fire agency, provided the agency subcontracts with a private ambulance provider. Solano County is open to considering a direct award using AB 389 contingent upon the creation of a JEPA among the cities and fire districts.

DISCUSSION
In March 2022, the Cities of Vallejo, Rio Vista, Benicia, Dixon, Suisun City, and Fairfield hired AP Triton to conduct a comprehensive Emergency Ambulance Services Transportation & Optimization Study in Solano County. AP Triton is the leading industry expert in this field. AP Triton released its findings and recommendations to the Cities in November of 2022.

AP Triton recommended exploring an ambulance subcontracting model, which could maintain the high level of service and improve sustainability for the ambulance provider and the areas being served.

Assembly Bill 389, passed in June 2021, allows the County Board of Supervisors to directly award an ambulance contract to a fire agency, provided the agency subcontracts with a private ambulance provider.

Solano County is open to considering a direct award using AB 389, contingent upon the creation of a JEPA among the Cities and fire districts. The JEPA would be executed in conjunction with an Ambulance Subcontract RFP and the signing of an MOU with the selected ambulance bidder. To engage in dialogue with the county the JEPA and the ambulance subcontract must be completed by the end of 2023 prior to the County publishing its RFP for the ambulance contract. The cost shared amongst all participating cities for a direct award will be $58,000, whereas a full RFP response to Solano County would be $175,570 with no guarantee of winning the bid.

The Parties will use the designation “Solano County Fire and EMS” or “SCFE” to identify the provision of the services provided under the JEPA. The use of such designation shall not be deemed to create a separate legal entity or to change the liability or the contractual obligations of the Parties under this or any other agreements.

The City of Fairfield is taking the lead in the project and will own the MOU for the county ambulance transportation contract and the subcontract for the private ambulance provider. As owners of both contracts, the City of Fairfield will also serve as the JEPA manager, receiving an additional $650,000 annually with built in increases based on the Medical Consumer Pricing Index (CPI). The additional $650,000 for managing the JEPA will be used to fund two new positions. These positions will oversee daytoday operations, ensure contract compliance, and provide billing oversite.

The City of Fairfield will be assuming additional liability and risk serving as the JEPA Manager and the owners of both the county and private ambulance provider contracts. In addition to startup costs, there is always the potential for revenue decreases or challenges with the private ambulance subcontractor.

Provisions have been put in place to create an operating reserve fund as well as a risk management reserve fund, but those funds will take time to build as revenue from ambulance billing typically takes 120 to 180 days to receive once processed. In addition to the reserve funds, the City, as the owner of the contracts, would have the ability to offset potential losses by adjusting deployment models, ambulance hours, and transportation fees.

FINANCIAL IMPACT
The public/private provider model allows access to the Public Provider Ground Emergency Medical Transport Program (PPGEMT). The PPGEMT provides an addonincrease to the feeforservice for MediCal plans. This is a significant revenue stream in excess of $5 million annually, that private ambulance providers do not have access to. This additional revenue will be used to ensure 911 system sustainability and generate more revenue to enhance EMS delivery to the citizens of Fairfield and the rest of Solano County. This will also ensure that the City of Fairfield will continue to receive the $1.4 million to provide paramedic services that the city is receiving through the current Public Provider Partnership (PPP) agreement with Medic Ambulance.

It is important to note that the potential additional funding generated through this proposed project would improve quality of life for city residents by further investing in the EMS delivery system and the likelihood to positively impact each City's budget.

PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
Stakeholders were involved in the Emergency Ambulance Services Transportation & Optimization Study conducted by AP Triton. Stakeholders included the Solano County Fire Chiefs, Hospital Representatives, City Elected Officials and Executives, County Board of Supervisors Members, and the current ambulance provider. Each stakeholder was asked to evaluate the County's EMS system overall and specifically the ambulance transport component using a SWOT Analysis (Strengths, Weaknesses, Opportunities, and Threats). The stakeholders were also asked about futures items they would like to see in the next ambulance contract or changes needed in the system.

ALTERNATIVE ACTION
Packet Page 108 of 129

Agenda Item No: 17.AGENDA REPORTDATE:December 5, 2023 TO:Mayor and City CouncilFROM:David Gassaway, City ManagerSUBJECT:Resolution 2023292 of the City Council of the City of Fairfield Authorizing the CityManager to Sign the Joint Exercise of Powers Agreement for the Provision andManagement of Emergency Ambulance Services (JEPA)RECOMMENDED ACTIONAdopt resolution and authorize City Manager to sign the Joint Exercise of Powers Agreement for theProvision and Management of Emergency Ambulance Services (JEPA).STATEMENT OF ISSUEIn March 2022 the Cities of Vallejo, Rio Vista, Benicia, Dixon, Suisun City and Fairfield hired AP Tritonto conduct a comprehensive ambulance transportation study in Solano County.AP Triton recommendedexploring an ambulance subcontracting model, which could maintain the high level of service andimprove sustainability for the ambulance provider and the areas being served. Assembly Bill (AB) 389allows the County Board of Supervisors to directly award an ambulance contract to a fire agency,provided the agency subcontracts with a private ambulance provider. Solano County is open toconsidering a direct award using AB 389 contingent upon the creation of a JEPA among the cities andfire districts.DISCUSSIONIn March 2022, the Cities of Vallejo, Rio Vista, Benicia, Dixon, Suisun City, and Fairfield hired AP Tritonto conduct a comprehensive Emergency Ambulance Services Transportation & Optimization Study inSolano County. AP Triton is the leading industry expert in this field. AP Triton released its findings andrecommendations to the Cities in November of 2022.AP Triton recommended exploring an ambulance subcontracting model, which could maintain the highlevel of service and improve sustainability for the ambulance provider and the areas being served.Assembly Bill 389, passed in June 2021, allows the County Board of Supervisors to directly award anambulance contract to a fire agency, provided the agency subcontracts with a private ambulanceprovider.Solano County is open to considering a direct award using AB 389, contingent upon the creation of aJEPA among the Cities and fire districts. The JEPA would be executed in conjunction with anAmbulance Subcontract RFP and the signing of an MOU with the selected ambulance bidder. Toengage in dialogue with the county the JEPA and the ambulance subcontract must be completed by theend of 2023 prior to the County publishing its RFP for the ambulance contract. The cost sharedamongst all participating cities for a direct award will be $58,000, whereas a full RFP response toSolano County would be $175,570 with no guarantee of winning the bid.The Parties will use the designation “Solano County Fire and EMS” or “SCFE” to identify the provisionof the services provided under the JEPA. The use of such designation shall not be deemed to create aseparate legal entity or to change the liability or the contractual obligations of the Parties under this orany other agreements.The City of Fairfield is taking the lead in the project and will own the MOU for the county ambulancetransportation contract and the subcontract for the private ambulance provider. As owners of bothcontracts, the City of Fairfield will also serve as the JEPA manager, receiving an additional $650,000annually with built in increases based on the Medical Consumer Pricing Index (CPI). The additional$650,000 for managing the JEPA will be used to fund two new positions. These positions will overseedaytoday operations, ensure contract compliance, and provide billing oversite.The City of Fairfield will be assuming additional liability and risk serving as the JEPA Manager and theowners of both the county and private ambulance provider contracts. In addition to startup costs, thereis always the potential for revenue decreases or challenges with the private ambulance subcontractor.Provisions have been put in place to create an operating reserve fund as well as a risk managementreserve fund, but those funds will take time to build as revenue from ambulance billing typically takes120 to 180 days to receive once processed. In addition to the reserve funds, the City, as the owner ofthe contracts, would have the ability to offset potential losses by adjusting deployment models,ambulance hours, and transportation fees.FINANCIAL IMPACTThe public/private provider model allows access to the Public Provider Ground Emergency MedicalTransport Program (PPGEMT). The PPGEMT provides an addonincrease to the feeforservice forMediCal plans. This is a significant revenue stream in excess of $5 million annually, that privateambulance providers do not have access to. This additional revenue will be used to ensure 911 systemsustainability and generate more revenue to enhance EMS delivery to the citizens of Fairfield and therest of Solano County. This will also ensure that the City of Fairfield will continue to receive the $1.4million to provide paramedic services that the city is receiving through the current Public ProviderPartnership (PPP) agreement with Medic Ambulance. It is important to note that the potential additional funding generated through this proposed project wouldimprove quality of life for city residents by further investing in the EMS delivery system and the likelihoodto positively impact each City's budget.PUBLIC CONTACT/ADVISORY BODY RECOMMENDATIONStakeholders were involved in the Emergency Ambulance Services Transportation & OptimizationStudy conducted by AP Triton. Stakeholders included the Solano County Fire Chiefs, HospitalRepresentatives, City Elected Officials and Executives, County Board of Supervisors Members, and thecurrent ambulance provider. Each stakeholder was asked to evaluate the County's EMS system overalland specifically the ambulance transport component using a SWOT Analysis (Strengths, Weaknesses,Opportunities, and Threats). The stakeholders were also asked about futures items they would like tosee in the next ambulance contract or changes needed in the system.

ALTERNATIVE ACTION
City Council may choose to not authorize the city manager to sign the JEPA. However, this would eliminate the City's opportunity to share in the potential future revenue anticipated by AP Triton’s Emergency Ambulance Services Transportation & Optimization Study; as well as the SCFE’s Administrative Manager fees.

STAFF CONTACT
Robb Herrick
(707) 4287076
[email protected]
COORDINATED WITH
City Attorney's Office, City Manager's Office, Finance Department ATTACHMENTS:

Description
Proposed Resolution
Proposed Joint Exercise of Powers Agreement
REVIEWERS:

Reviewer Action Date
Armour, Taylor Approved 11/20/2023 4:25 PM
Beavers, Esther Approved 11/20/2023 5:34 PM
Beavers, Esther Approved 11/20/2023 5:35 PM
Packet Page 109 of 129

CITY OF FAIRFIELD

RESOLUTION NO. 2023-292

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAIRFIELD AUTHORIZING THE CITY

MANAGER TO SIGN THE JOINT EXERCISE OF POWERS AGREEMENT FOR THE PROVISION AND

MANAGEMENT OF EMERGENCY AMBULANCE SERVICES (JEPA)

WHEREAS, in March 2022, the Cities of Vallejo, Rio Vista, Benicia, Dixon, Suisun City, and Fairfield hired AP Triton to conduct a comprehensive ambulance transportation study in Solano County ; and

WHEREAS, AP Triton recommended exploring an ambulance subcontracting model, which could maintain a high level of service and improve sustainability for the ambulance provider and the areas being served; and

WHEREAS, Assembly Bill (AB) 389 allows the County Board of Supervisors to directly award an ambulance contract to a fire agency, provided the agency subcontracts with a private ambulance provider; and

WHEREAS, Solano County is open to considering a direct award using AB 389 contingent upon the creation of a Joint Exercise of Powers Agreement (JEPA) among the cities and fire districts in Solano County; and

WHEREAS, the JEPA would be executed in conjunction with an Ambulance Subcontract RFP and the signing of an Memorandum of Understanding (MOU) with the selected ambulance bidder; and

WHEREAS, the JEPA would allow the cities and fire districts to jointly exercise their common powers to provide, contract for, manage, equip, maintain, and operate ambulance services and Emergency Medical Services (EMS) as contractors of the County utilizing a private ambulance service and fire agency subcontractors; and

WHEREAS, the JEPA would allow the cities and fire districts to maximize the use of existing resources, create cost savings opportunities, reduce du plication, and provide medical and other emergency services at a high level of service for the communities they serve; and

WHEREAS, by taking the lead in the project, the City of Fairfield will serve as the JEPA manager, receiving an additional $650,000 annually with built-in increases based on the Medical Consumer Pricing Index (CPI).

Packet Page 110 of 129Attachment 1 Page 1 of 2

RES. NO. 2023-292

Page 2 ends

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

Section 1. The City of Fairfield City Council hereby authorizes the city manager to execute the JEPA for the Provision and Management of Emergency Ambulance Services.

Section 2. The city manager is hereby authorized to do all things necessary and proper to implement this resolution.

PASSED AND ADOPTED this 5th day of December, 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 111 of 129Attachment 1 Page 2 of 2

Page 1 of 14 ends

JOINT EXERCISE OF POWERS AGREEMENT FOR THE PROVISION AND

MANAGEMENT OF EMERGENCY AMBULANCE SERVICES

This Joint Exercise of Powers Agreement (“Agreement”), is entered by and among the City of Fairfield, the City of Vallejo, the City of Benicia, the City of Dixon, the City of Rio Vista, and the City of Suisun City (the “City Parties”), the Cordelia Fire Protection District, the Montezuma Fire Protection District, the East Vallejo Fire Protection District, the Dixon Fire Protection District, the Vacaville Fire Protection District, and the Suisun Fire Protection District (the “District Parties”) (individually a “Party,” and collectively, the “Parties”).

WITNESSETH:

WHEREAS, pursuant to the Joint Exercise of Powers Act, Title 1, Division 7, Chapter 5 of the California Government Code, two or more public agencies may by agreement jointly exercise any power common to the contracting parties; and

WHEREAS, each of the Parties is a “public agency” as that term is defined in Section 6500 of the California Government Code; and

WHEREAS, pursuant to Sections 54980-54983 of the California Government Code, each of the Parties is empowered to enter agreements with the other Parties for the performance of firefighting and ambulance services and functions within each of the Parties’ territories; and

WHEREAS, pursuant to Section 38794 of the California Government Code, each of the City Parties is empowered to contract for ambulance services to serve their residents as convenience requires; and

WHEREAS, pursuant to Sections 13862 and 13878 of the California Health and Safety Code and Sections 20811 and 20812 of the California Public Contract Code, each of the District Parties is empowered to provide and contract for ambulance services and emergency medical services (“EMS”) inside and outside of their territories; and

WHEREAS, pursuant to the Revenue Bond Law of 1941, Title 5, Division 2, Part 1, Chapter 6 of the California Government Code, each of the Parties is empowered to acquire, construct, improve, lease, operate, maintain, repair, staff, or manage, as an enterprise, all parts of, and appurtenances to, an ambulance service; and

WHEREAS, pursuant to Sections 14105.94, 14105.945, 14129, and 14129.3 of the California Welfare and Institutions Code and the State Plan Amendment 22-015 to the State of California’s Medicaid State Plan Under Title XIX of the Social Security Act Amendments of 1965 (Public Law 89-97), each of the Parties is eligible to participate in the Public Provider Ground Emergency Medical Transport Intergovernmental Transfer (“PP-GEMT IGT”) Program and receive increased reimbursements for the provision of ground emergency medical transport services to Medi-Cal beneficiaries; and

WHEREAS, pursuant to Sections 1797.230 and 1797.231 of the California Health and Packet Page 112 of 129Attachment 2 Page 1 of 14

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Safety Code, each of the Parties is empowered to contract with a county to provide emergency ambulance services, in whole or in part, through a written subcontract with a private ambulance service, provided that such written subcontract is awarded pursuant to a competitive bidding process consistent with Section 20812 of the Public Contract Code; and

WHEREAS, the Parties desire to maximize use of the existing resources, create cost saving opportunities, reduce duplication, and provide medical and other emergency services at a high level of service for the communities they serve by contracting with the County of Solano (“County”) to provide emergency ambulance services, in whole or in part, through a written subcontract with a private ambulance service; and

WHEREAS, the Parties desire to accomplish the aforesaid purpose by jointly exercising their common powers in the manner set forth in this Agreement.

NOW, THEREFORE, the Parties, for, and in consideration of the mutual benefits, promises, and agreements set forth herein, AGREE as Follows:

I. Purpose.

A. The purpose of this Agreement is for the Parties to jointly exercise their common powers to provide, contract for, manage, equip, maintain, and operate ambulance services and EMS as contractors of County utilizing a private ambulance service and fire agency subcontractors. Such purpose shall be accomplished, and common powers exercised, in the manner set forth in this Agreement.

B. The Parties may use the designation “Solano County Fire & EMS” or “SCFE” to identify the provision of the services provided under this Agreement. The use of such designation shall not be deemed to create a separate legal entity or to change the liability or the contractual obligations of the Parties under this or any other agreements.

C. All pre-existing obligations, rights, and privileges of the Parties shall continue hereunder, subject to the terms and conditions of this Agreement.

II. Administration.

A. The duties set forth in this Section II of the Agreement shall be conducted by an administrative entity to be known as the “Executive Committee.”

1. The members of Executive Committee shall consist of:
i. The Fire Chiefs of each of the six (6) City Parties.

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ii. One (1) Fire Chief of a District Party representing the six (6) Districts, who shall represent the District Parties on the Executive Committee for two years and rotate among District Parties; provided, however, that the District Parties’ Fire Chief representative may not come from a District Party that contracts out services from City Party.
iii. After the Effective Date of this Agreement, a District Party that increases its level of service to Advanced Life Support (“ALS”) shall be entitled to have its Fire Chief serve as a member of the Executive Committee, and shall no longer be represented by the District Parties’ Fire Chief representative as provided for in section II.A.1.ii, above.
iv. Each Fire Chief may designate an officer from their own fire service agency to serve in their place on the Executive Committee.

2. At its discretion, the Executive Committee may invite a representative from County’s local EMS agency to serve as a non-voting, advisory member of the Executive Committee.

3. At its discretion, the Executive Committee may invite a representative from SCFE’s private ambulance service subcontractor to serve as a non-voting, advisory member of the Executive Committee.

4. The Executive Committee shall meet at least once (1) per quarter and may meet as needed.

5. A simple majority of the Executive Committee shall constitute a quorum.

6. Actions related to SCFE operations, exclusive of any financial matters, such as, for example, a change to the posting locations of SCFE ambulances, shall require a majority vote. In the event of a tie vote by the Executive Committee, the City of Fairfield Fire Chief, as the representative of SCFE Manager (as that term is defined in section III.A., below), shall resolve the deadlock by casting an additional determinative vote.

7. Actions related to SCFE financial matters, including but not limited to budgeting and disposition of net revenues, and recommendations to the Parties regarding amendments to this Agreement, shall require a two-thirds vote of the Executive Committee.

8. The Parties acknowledge and agree that the Executive Committee is not a “legislative body,” a separate legal entity, or a joint powers agency or authority, partnership, joint venture, or joint enterprise of any kind.

B. The Executive Committee shall advise and consult SCFE Manager (as that term is Packet Page 114 of 129Attachment 2 Page 3 of 14

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defined in section III.A., below), as necessary, on matters impacting or related to SCFE’s ambulance services or County’s EMS system, including, but not limited to, the following:

1. Ambulance deployments, facilities, unit distribution, staffing levels, subcontracts, equipment, and other operational aspects of SCFE’s ambulance services;

2. Funding for, and reinvestment of net revenues from, SCFE’s ambulance services;

3. Clinical performance issues and quality improvement programs for SCFE’s ambulance services and the Parties’ first responder EMS; and

4. County EMS system integration and SCFE ambulance service delivery innovation.

III. Management.

A. The Fairfield Fire Department shall serve as the “SCFE Manager” and manage, administer, and oversee day-to-day operations of SCFE and all services, programs, and contracts required under this Agreement.

B. SCFE Manager shall enter all agreements, engage all subcontractors and consultants, as necessary, and take all actions necessary to effectuate the purposes of this Agreement and the SCFE services and programs set forth herein.

C. SCFE Manager shall comply with the requirements and expectations of this Agreement, as well as all applicable federal, state, and local laws, regulations, and rules.

D. SCFE Manager shall coordinate and cooperate with each Party regarding the performance of services within their respective jurisdiction.

E. The Executive Committee shall advise and consult SCFE Manager regarding services for, or special projects performed on behalf of, any Parties.

F. SCFE Manager shall provide financial and general services to the SCFE for the term of the Agreement, including accounts payable, procurement, billing and accounts receivable, general accounting and reporting, budget development and monitoring, and other general services as necessary to effectuate the purposes of this Agreement.

G. SCFE Manager may enter subcontracts to perform the financial and general services in this Section III.E.

H. SCFE Manager shall charge SCFE an annual fee of Six Hundred Fifty Thousand Dollars ($650,000) for administering this Agreement and the SCFE services and Packet Page 115 of 129Attachment 2 Page 4 of 14

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Fairfield City CouncilDecember 5, 2023

Fairfield City Council
December 5, 2023