Agenda, first session — Fairfield City Council, August 20, 2024 (part 1 of 4)

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.

DISCLOSURE OF CAMPAIGN CONTRIBUTIONS:

Pursuant to Government Code 84308, City Council Members are disqualified and not able to participate in any agenda item involving contracts (other than competitively bid, labor, or personal employment contracts), franchises, discretionary land use permits and other entitlements if the City Council Member received more than $250 in campaign contributions from the applicant or contractor, an agent of the applicant or contractor, or any financially interested participant who actively supports or opposes the City's decision on the agenda item in the 12 months prior to the date the item is on the agenda. Members of the City Council who have received, and applicants, contractors or their agents who have made, campaign contributions totaling more than $250 to a City Council Member in the 12 months prior to the date the item is on the agenda are required to disclose that fact for the official record of the subject proceedings. Disclosures must include the amount of the campaign contribution and identify the recipient City Council Member and may be made either in writing to the City Clerk before the agenda item or by verbal disclosure during consideration.

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 Packet Page 1 of 634

PRESENTATIONS

1.Legislative Update
Contact:Anna Guiles, (707) 4287399
a

2.Sister City Student Recognition
Contact:Anna Guiles, (707) 4287399
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.

3.Approval of Meeting Minutes from July 2024
Recommended Action
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3.Approval of Meeting Minutes from July 2024
Recommended Action
Approve the meeting minutes.

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

4.Resolutions 2024194 and 2024195 of the City Council of the City of Fairfield in Support of Measure L, the Business License Modernization and Simplification Measure and in Support of Measure M, the Essential Services Protection Measure
Recommended Action
Adopt resolutions.

Funding Source
N/A
Contact:Savita Chaudhary, (707) 4287582
a

5.Resolution 2024196 of the City Council of the City of Fairfield Approving the Agreement Between the City of Fairfield and Athens Insurance Service, Inc, DBA Athens Administrators Recommended Action
Adopt resolution.

Funding Source
$1,618,769; Workers' Compensation Fund
Contact:Farbod Pirouzmand, (707) 4287397
a

6.Resolution 2024197 of the City Council of the City of Fairfield Authorizing the City Manager to Submit Invoices to the U.S. Department of Energy (DOE) Energy Efficiency and Conservation Block Grant (EECBG) Program and Receive Rebate Vouchers and Authorizing an Update to the Fiscal Year 20242025 Budget
Recommended Action
Adopt resolution.

Funding Source
N/A
Contact:David Renschler, (707) 4287414
a

7.Resolution 2024198 of the City Council of the City of Fairfield Authorizing an Update to the Fiscal Year 20242025 Budget and Updating the 5Year Capital Improvement Plan to Include the Community Development Block Grant (CDBG) Lee Bell Neighborhood Park Restroom and Americans with Disabilities Act (ADA) Curb Ramp Replacement Projects Recommended Action
Adopt resolution.

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

8.Resolution 2024199 of the City Council of the City of Fairfield Accepting the Community Development Block Grant (CDBG) Lee Bell Park and Sidewalk Gap Closure Project as Complete
Recommended Action
Adopt resolution.

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Funding Source
N/A
Contact:Roger Dunham, (707) 4287478
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9.Resolution 2024200 of the City Council of the City of Fairfield Rejecting the Sole Bid for the Cement Hill Water Treatment Plant New Entryway
Recommended Action
Adopt resolution.

Funding Source
N/A
Contact:Bryan Heinzelman, (707) 4287034
a

10.Resolution 2024201 of the City Council of the City of Fairfield Approving a Contractor Services Agreement with Cagwin & Dorward, LLC for Landscape Maintenance Services at Gary Falati Park and Dunnell Nature Park
Recommended Action
Adopt resolution.

Funding Source
$72,832; General Fund
Contact:Gary Sponsler, (707) 4287416
a

11.Resolution 2024202 of the City Council of the City of Fairfield Approving a Contractor Services Agreement with Cagwin & Dorward, LLC for Landscape Maintenance Services in Various Neighborhood Parks
Recommended Action
Adopt resolution.

Funding Source
$417,328; General Fund
Contact:Gary Sponsler, (707) 4287416
a

12.Resolution 2024203 of the City Council of the City of Fairfield Approving a Contractor Services Agreement with Cagwin & Dorward, LLC for Landscape Maintenance Services at Various Water Facilities
Recommended Action
Adopt resolution.

Funding Source
$138,128 ($57,520; NBR Joint [2/3 Fairfield & 1/3 Vacaville] Fund, $29,568; Waterman Treatment Plant Fund, $51,040; Pump StationsReservoirs Fund) Contact:Gary Sponsler, (707) 4287416
a

13.Resolution 2024204 of the City Council of the City of Fairfield Approving a Contractor Services Agreement with K&K JL Services, Inc. for Landscape Maintenance Services at Fairfield Transportation Center, Red Top Road, and Oliver Road Park and Ride Lots Recommended Action
Adopt resolution.

Funding Source
$84,960; General Fund
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Funding Source
$84,960; General Fund
Contact:Gary Sponsler, (707) 4287416
a

14.Resolution 2024205 of the City Council of the City of Fairfield Approving a Contractor Services Agreement with K&K JL Services, Inc. for Landscape Maintenance Services at the Fairfield Vacaville Train Station
Recommended Action
Adopt resolution.

Funding Source
$62,227; General Fund
Contact:Gary Sponsler, (707) 4287416
a

15.Resolution 2024206 of the City Council of the City of Fairfield Approving a Contractor Services Agreement with True North Landscapes, LLC for Landscape Maintenance Services in the Landscaping and Lighting Maintenance District No. 5 – Smith Ranch (Rancho Solano) Recommended Action
Adopt resolution.

Funding Source
$755,958; Smith Ranch Maintenance District Fund
Contact:Gary Sponsler, (707) 4287416
a

16.Resolution 2024207 of the City Council of the City of Fairfield Approving a Contractor Services Agreement with True North Landscapes, LLC for Landscape Maintenance Services in the Landscaping and Lighting Maintenance District Nos. 10 (Southbrook) and No. 16 (Creekside) Recommended Action
Adopt resolution.

Funding Source
$542,249 ($516,326; Southbrook Maintenance District Fund, $25,923; Creekside Maintenance District Fund)
Contact:Gary Sponsler, (707) 4287416
a

17.Resolutions 2024208 Through 2024210 of the City Council of the City of Fairfield Authorizing the City Manager to Execute Professional Services Agreements for OnCall Engineering Services Between the City of Fairfield and Ghirardelli Associates, Ponticello Inc., and Rick Engineering
Recommended Action
Adopt resolutions.

Funding Source
$1,800,000; Various Funds
Contact:Ryan Panganiban, (707) 4287017
a

18.Resolution 2024211 of the City Council of the City of Fairfield Approving the Amended Vehicle and Equipment Purchases for the Fiscal Year 20242025 and Authorizing an Update to the Fiscal Year 20242025 Budget
Recommended Action
Adopt resolution.

Funding Source
$454,792 ($432,020, Vehicle Replacement Fund; $22,772, Tow Fund) Packet Page 5 of 634

CITY OF FAIRFIELDFAIRFIELD CITY COUNCILTUESDAY, AUGUST 20, 2024; 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.DISCLOSURE OF CAMPAIGN CONTRIBUTIONS:Pursuant to Government Code 84308, City Council Members are disqualified and notable to participate in any agenda item involving contracts (other than competitivelybid, labor, or personal employment contracts), franchises, discretionary land usepermits and other entitlements if the City Council Member received more than $250 incampaign contributions from the applicant or contractor, an agent of the applicant orcontractor, or any financially interested participant who actively supports or opposesthe City's decision on the agenda item in the 12 months prior to the date the item is onthe agenda. Members of the City Council who have received, and applicants,contractors or their agents who have made, campaign contributions totaling more than$250 to a City Council Member in the 12 months prior to the date the item is on theagenda are required to disclose that fact for the official record of the subjectproceedings. Disclosures must include the amount of the campaign contribution andidentify the recipient City Council Member and may be made either in writing to theCity Clerk before the agenda item or by verbal disclosure during consideration.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 Minister Etta Goshen, True Love Baptist ChurchPLEDGE OF ALLEGIANCECOUNCIL REPORTSCITY MANAGER REPORTCITY ATTORNEY REPORTCITY CLERK REPORTPRESENTATIONS1.Legislative UpdateContact:Anna Guiles, (707) 4287399a2.Sister City Student RecognitionContact:Anna Guiles, (707) 4287399aPUBLIC 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.3.Approval of Meeting Minutes from July 2024Recommended ActionApprove the meeting minutes.Funding SourceN/AContact:Esther Beavers, (707) 4287402a4.Resolutions 2024194 and 2024195 of the City Council of the City of Fairfield in Support ofMeasure L, the Business License Modernization and Simplification Measure and in Support ofMeasure M, the Essential Services Protection MeasureRecommended ActionAdopt resolutions.Funding SourceN/AContact:Savita Chaudhary, (707) 4287582a5.Resolution 2024196 of the City Council of the City of Fairfield Approving the AgreementBetween the City of Fairfield and Athens Insurance Service, Inc, DBA Athens AdministratorsRecommended ActionAdopt resolution.Funding Source$1,618,769; Workers' Compensation FundContact:Farbod Pirouzmand, (707) 4287397a6.Resolution 2024197 of the City Council of the City of Fairfield Authorizing the City Manager toSubmit Invoices to the U.S. Department of Energy (DOE) Energy Efficiency and ConservationBlock Grant (EECBG) Program and Receive Rebate Vouchers and Authorizing an Update tothe Fiscal Year 20242025 BudgetRecommended ActionAdopt resolution.Funding SourceN/AContact:David Renschler, (707) 4287414a7.Resolution 2024198 of the City Council of the City of Fairfield Authorizing an Update to theFiscal Year 20242025 Budget and Updating the 5Year Capital Improvement Plan to Include theCommunity Development Block Grant (CDBG) Lee Bell Neighborhood Park Restroom andAmericans with Disabilities Act (ADA) Curb Ramp Replacement ProjectsRecommended ActionAdopt resolution.Funding SourceN/AContact:David Vong, (707) 4287784a8.Resolution 2024199 of the City Council of the City of Fairfield Accepting the CommunityDevelopment Block Grant (CDBG) Lee Bell Park and Sidewalk Gap Closure Project asCompleteRecommended ActionAdopt resolution.Funding SourceN/AContact:Roger Dunham, (707) 4287478a9.Resolution 2024200 of the City Council of the City of Fairfield Rejecting the Sole Bid for theCement Hill Water Treatment Plant New EntrywayRecommended ActionAdopt resolution.Funding SourceN/AContact:Bryan Heinzelman, (707) 4287034a10.Resolution 2024201 of the City Council of the City of Fairfield Approving a Contractor ServicesAgreement with Cagwin & Dorward, LLC for Landscape Maintenance Services at Gary FalatiPark and Dunnell Nature ParkRecommended ActionAdopt resolution.Funding Source$72,832; General FundContact:Gary Sponsler, (707) 4287416a11.Resolution 2024202 of the City Council of the City of Fairfield Approving a Contractor ServicesAgreement with Cagwin & Dorward, LLC for Landscape Maintenance Services in VariousNeighborhood ParksRecommended ActionAdopt resolution.Funding Source$417,328; General FundContact:Gary Sponsler, (707) 4287416a12.Resolution 2024203 of the City Council of the City of Fairfield Approving a Contractor ServicesAgreement with Cagwin & Dorward, LLC for Landscape Maintenance Services at VariousWater FacilitiesRecommended ActionAdopt resolution.Funding Source$138,128 ($57,520; NBR Joint [2/3 Fairfield & 1/3 Vacaville] Fund, $29,568; WatermanTreatment Plant Fund, $51,040; Pump StationsReservoirs Fund)Contact:Gary Sponsler, (707) 4287416a13.Resolution 2024204 of the City Council of the City of Fairfield Approving a Contractor ServicesAgreement with K&K JL Services, Inc. for Landscape Maintenance Services at FairfieldTransportation Center, Red Top Road, and Oliver Road Park and Ride LotsRecommended ActionAdopt resolution.Funding Source$84,960; General FundContact:Gary Sponsler, (707) 4287416a14.Resolution 2024205 of the City Council of the City of Fairfield Approving a Contractor ServicesAgreement with K&K JL Services, Inc. for Landscape Maintenance Services at the FairfieldVacaville Train StationRecommended ActionAdopt resolution.Funding Source$62,227; General FundContact:Gary Sponsler, (707) 4287416a15.Resolution 2024206 of the City Council of the City of Fairfield Approving a Contractor ServicesAgreement with True North Landscapes, LLC for Landscape Maintenance Services in theLandscaping and Lighting Maintenance District No. 5 – Smith Ranch (Rancho Solano)Recommended ActionAdopt resolution.Funding Source$755,958; Smith Ranch Maintenance District FundContact:Gary Sponsler, (707) 4287416a16.Resolution 2024207 of the City Council of the City of Fairfield Approving a Contractor ServicesAgreement with True North Landscapes, LLC for Landscape Maintenance Services in theLandscaping and Lighting Maintenance District Nos. 10 (Southbrook) and No. 16 (Creekside)Recommended ActionAdopt resolution.Funding Source$542,249 ($516,326; Southbrook Maintenance District Fund, $25,923; Creekside MaintenanceDistrict Fund)Contact:Gary Sponsler, (707) 4287416a17.Resolutions 2024208 Through 2024210 of the City Council of the City of Fairfield Authorizingthe City Manager to Execute Professional Services Agreements for OnCall EngineeringServices Between the City of Fairfield and Ghirardelli Associates, Ponticello Inc., and RickEngineeringRecommended ActionAdopt resolutions.Funding Source$1,800,000; Various FundsContact:Ryan Panganiban, (707) 4287017a18.Resolution 2024211 of the City Council of the City of Fairfield Approving the Amended Vehicleand Equipment Purchases for the Fiscal Year 20242025 and Authorizing an Update to theFiscal Year 20242025 BudgetRecommended ActionAdopt resolution.

Funding Source
$454,792 ($432,020, Vehicle Replacement Fund; $22,772, Tow Fund) Contact:Jausiah Jacobsen, (707) 4287314
a
NEW BUSINESS

19.Resolution 2024212 of the City Council of the City of Fairfield Authorizing the Fire Department to Enter a Memorandum of Understanding to Provide Duty Chief Coverage for the City of Suisun City
Recommended Action
Adopt resolution.

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

20.Discussion and Direction on Fairfield Municipal Code Chapter 10E, also known as Commercial Cannabis Business on Program Amendments and Program Operations Recommended Action
Receive report, open discussion, and provide direction to staff.

Funding Source
N/A
Contact:Dave Zellers, (707) 4287436 and Dave Feinstein (707) 4287448 a
PUBLIC HEARINGS

21.Public Hearing; and
Resolution 2024213 of the City Council of the City of Fairfield Authorizing the City Manager to Execute a Power Purchase Agreement with Onyx Development Group LLC. for the Provision and Operation of a Solar Field at the Waterman Water Treatment Plant Recommended Action
Hold public hearing and adopt resolution.

Funding Source
N/A
Contact:Michael J. Hether, (707) 4287493
a

22.Public Hearing; and
First Reading and Introduction of Ordinance 202406 of the City Council of the City of Fairfield Approving the Fifth Amendment to the Amended and Restated Development Agreement Between the City of Fairfield and Canon Station LLC Regarding Land in the Train Station Specific Plan Area
Recommended Action
Hold public hearing; waive full reading, read by title only and introduce ordinance for first reading.

Funding Source
N/A
Contact:Meily Sheehan, (707) 4287474
a
ADJOURN TO TUESDAY, SEPTEMBER 3, 2024, 6:00 P.M., HARRY T. PRICE MEMORIAL Packet Page 6 of 634

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

PUBLIC NOTIFICATION
I, Esther Beavers, Deputy City Clerk, do hereby certify that I have caused a true copy of the above notice and agenda to be delivered to each of the members of the Fairfield City Council, at the time and in the manner prescribed by law and that this agenda was posted at City Hall, 1000 Webster Street, Fairfield, California on Wednesday, August 14, 2024.

Packet Page 7 of 634

Agenda Item No: 3.

AGENDA REPORT
DATE:August 20, 2024
TO:Mayor and City Council
FROM:David Gassaway, City Manager
SUBJECT:Approval of Meeting Minutes from July 2024
RECOMMENDED ACTION
Approve the meeting minutes.

STATEMENT OF ISSUE
Minutes need approval by the City Council.

DISCUSSION
The City Council Minutes for July 2024 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: 3.AGENDA REPORTDATE:August 20, 2024 TO:Mayor and City CouncilFROM:David Gassaway, City ManagerSUBJECT:Approval of Meeting Minutes from July 2024RECOMMENDED ACTIONApprove the meeting minutes.STATEMENT OF ISSUEMinutes need approval by the City Council.DISCUSSIONThe City Council Minutes for July 2024 have been approved by the city attorney and need councilapproval.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] WITH City Attorney's Office
ATTACHMENTS:

Description
Attachment 1: City Council Closed Session Minutes 722024 Attachment 2: City Council Minutes 722024
Attachment 3: City Council Closed Session Minutes 7162024 Attachment 4: PVMMD Minutes 7162024
Attachment 5: City Council Minutes 7162024
REVIEWERS:

Reviewer Action Date
Beavers, Esther Approved 8/1/2024 10:10 AM
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CITY OF FAIRFIELD

CLOSED SESSION
TUESDAY, JULY 2, 2024; 5:30 PM
CITY HALL, CITY MANAGER'S OFFICE, 1000 WEBSTER STREET, 4TH FLOOR, FAIRFIELD, CA 94533 OR VIA ZOOM

MINUTES

CALL TO ORDER

Mayor Catherine “Cat” Moy called the meeting to order at 5:30 p.m. City Attorney David Lim called roll.

Present in person were Councilmembers Doug Carr, Doriss Panduro, Scott Tonnesen, and Mayor Moy. Councilmembers Rick Vaccaro, K. Patrice Williams, and Vice-Mayor Pam Bertani were absent.

No persons wished to speak in person or via Zoom at public comment.

The City Council went into closed session on Item #1:

CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION
(Government Code section 54956.9(d)(2-4))
Re: Red Top Road Expansion Project

Present were City Attorney David Lim, City Manager David Gassaway, Assistant City Manager Savita Chaudhary, and City Engineer Ryan Panganiban.

The City Council came out of closed session.

Mayor Moy adjourned the meeting at 5:39 p.m.

______________________________
City Attorney
________________________________
Mayor

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CITY OF FAIRFIELD

FAIRFIELD CITY COUNCIL

REGULAR MEETING
TUESDAY, JULY 2, 2024; 6:00 PM
HARRY T. PRICE MEMORIAL 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, and Mayor Moy.

Councilmembers Rick Vaccaro, K. Patrice Williams, and Vice Mayor Bertani were absent.

INVOCATION

Pastor Jeff Hood of First Baptist Church gave an invocation.

PLEDGE OF ALLEGIANCE

City Clerk Karen Rees led the Pledge of Allegiance.

COUNCIL REPORTS

Councilmember Carr reported he attended the ribbon cutting for Nitro City Racing on Gateway Blvd.

He shared that it has a 9-hole glow in the dark mini-golf course, indoor car racing, and even axe throwing! Fun venue! He also attended the grand opening of Butter Pecan, a new cookie-shop on Texas Street downtown. They offered delicious free cookies and had a long line down the block.

Councilmember Panduro reported she attended the recent CAP Solano JPA meeting (Homeless Regional Committee represented by every city in Solano County and the County) last week. She shared that since Councilmember Vaccaro is retiring in November, Councilmember Carr will take his place on the board. She reported that the board made a monumental step forward as they agreed to hire administrative staff soon (every city will pay a share) and that staff member(s) will seek grant funding opportunities for homeless issues which is very necessary.

Councilmember Tonnesen stated he attended the same events as Councilmember Carr. He spoke about attending Brigadier General Derek Salmi’s (Travis Air Force Base) going away ceremony, where Salmi piloted a C-17 Globemaster III in his final flight as the 60th Wing Commander of Travis.

Mayor Moy reported that cooling centers are open due to the excessive heat and temperatures above 100 degrees; the libraries and BayNorth Church are a few of the places opened for homeless and seniors (or anyone needing to cool off). She spoke about the U.S. Supreme Court’s recent decision regarding homeless encampments. They ruled that people without homes can be arrested and fined

Packet Page 11 of 634Attachment 2 Page 1 of 4

for sleeping in public spaces, overturning six years of legal protections for homeless residents in California. She stated that the City of Fairfield would be educating the public about what this change means for the community. Chief of Police Dan Marshall will give a presentation at the next Council meeting on the topic.

CITY MANAGER REPORT

City Manager David Gassaway reported that Cal Fire is no longer planning to hold any controlled burns in the area in July due to the excessive heat. He stated there were no changes to the agenda.

CITY ATTORNEY REPORT

City Attorney David Lim had nothing to report.

CITY CLERK REPORT

City Clerk Rees reported that the next Trash Mob would be held on August 24, 9 -11 am, across from the AM/PM at 105 Lopes Road.

PUBLIC COMMENTS

Joseph Johnson spoke about a golf tournament on August 9 at Rancho Solano Golf Course, a fundraiser for the Girls and Omega Boys Club in Vallejo.

Ryan Messano spoke about his website (messano.news.com).

Rosalynn Parhams and Nancy Vanguardia spoke about code enforcement violations by homeless individuals in their neighborhood.

Anna Nicole spoke about homeless individuals.

CONSENT CALENDAR

1. Resolution 2024-168 of the City Council of the City of Fairfield Authorizing the Purchase of Datacenter Colocation and Disaster Recovery Services from ePlus Technology, Inc.

2. Resolution 2024-169 of the City Council of the City of Fairfield Approving the Purchase of Support and Maintenance for City Backup Software and Hardware from ePlus Technology, Inc.

3. Resolution 2024-170 of the City Council of the City of Fairfield Authorizing the City Manager to Execute a Professional Services Agreement Between the City of Fairfield and Geographic Technologies Group (GTG) for Geographic Information System (GIS) Consulting Services

Citizen Mike Johnson asked for Item 4 to be pulled from the consent calendar.

4. Resolution 2024-171 of the City Council of the City of Fairfield Accepting the Lee Bell Neighborhood Park Sports Field Lighting Improvements as Complete

Mr. Johnson asked that Council consider funding other sports fields in Fairfield with lighting, other than just baseball/softball. He said there are no other sports fields that have lights in Fairfield.

Councilmember Carr made a motion to approve Resolution 2024-171. Councilmember Tonnesen seconded the motion. The motion carried unanimously (4-0). Packet Page 12 of 634Attachment 2 Page 2 of 4

5. Resolution 2024-172 of the City Council of the City of Fairfield Authorizing the City Manager to Execute a Professional Services Agreement Between the City of Fairfield and Parodi Investigative Solutions, LLC for Pre-Employment Background Investigation Services

6. Resolution 2024-173 of the City Council of the City of Fairfield Setting A Hearing for July 16, 2024 Re: Appeal of Revocation of Business License # 24000256 for Field Gift Shop Located at 1312 W. Texas Street, Fairfield, CA 94533 Pursuant to Chapter 10 (Section 10B.33) of the Fairfield Municipal Code

Councilmember Tonnesen made a motion to approve the consent calendar as presented.

Councilmember Panduro seconded the motion. The motion carried unanimously (4-0).

NEW BUSINESS

7. Minute Action Approving Mayor's Appointments to the Youth Commission

Councilmember Panduro made a motion to approve the Mayor’s appointments to the Youth Commission. Councilmember Tonnesen seconded the motion. The motion carried unanimously (4-0).

CALL UP: Youth Commissioners Derek Wood and Jaivir Chaudhry

8. Minute Action Approving Mayor’s Appointments to the Planning Commission

Councilmember Tonnesen made a motion to approve the Mayor’s appointments to the PC.

Councilmember Panduro seconded the motion. The motion carried unanimously (4-0).

City Clerk Rees administered the Oath of Office to newly appointed Youth Commissioners Derek Wood and Jaivir Chaudhry and Planning Commissioners Jay Singh and Rheonna Reese.

9. Public Works Sr. Management Analyst Marisa Cumpian gave an Energy Conservation Project Update

City Council received the report and thanked Ms. Cumpian for her thoroughness.

10. Homeless Services Manager Samantha Burrows reported on the Notice of Funding Availability for Temporary Emergency Shelter Operations Update and Council Input.

Gene Ahu, Brandon Wirth, and Pastor Sam Morris spoke on Item 10.

City Council received a presentation from the Homeless Services Division on the funding recommendations from the Rank and Review panel for the Notice of Funding Available (NOFA) for Emergency Shelter Operations that was released in May of 2024. The Council's direction was to fund Change and New Beginnings at $300,000, BayNorth Church of Christ (winter shelter) at $150,000 and Mission Samoa HELP Program (Pallet Shelter) at $100,000. The funding will return to the July 16 council meeting for final contract approval.

PUBLIC HEARINGS

11. Public Works Sr. Management Analyst Chris Lewis recommended that Council open the Public Hearing; and approve Resolution 2024-174 of the City Council of the City of Fairfield Annexing Territory (Woolner Avenue by Solano-Napa Habitat for Humanity) to Community Fa cilities District No. 2012-2 (Public Safety Services, Open Space Operation, and Park Maintenance) as Annexation No. 68, Authorizing the Levy of a Special Tax Within the Annexed Territory, and Submitting the Levy of a Special Tax to the Qualified Electors Thereof; and Packet Page 13 of 634Attachment 2 Page 3 of 4

Resolution 2024-175 of the City Council of the City of Fairfield Declaring the Results of a Special Annexation Election in Territory Annexed to Community Facilities District No. 2012-2 (Public Safety Services, Open Space Operation, and Park Maintenance), Determining the Validity of Prior Proceedings, and Directing Recording of Amended Notice of Special Tax Lien for City of Fairfield Community Facilities District No. 2012-2 (Public Safety Services, Open Space Operation, and Park Maintenance) Annexation No. 68 (Woolner Avenue by Solano-Napa Habitat for Humanity)

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

Councilmember Tonnesen made a motion to approve Resolution 2024-174. Councilmember Carr seconded the motion. The motion carried unanimously (4-0).

City Clerk Rees opened the ballot and read that there was one Yes vote, in favor of annexation.

Councilmember Tonnesen made a motion to approve Resolution 2024-175. Councilmember Carr seconded the motion. The motion carried unanimously (4-0).

12. Assistant City Manager Savita Chaudhary recommended to Council that it open the Public Hearing; and approve Resolution 2024-176 of the City Council of the City of Fairfield Approving the Comprehensive User Fee Study and Amending the Master Fee Schedule for Fiscal Year 2024-2025 Police Fees.

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

Councilmember Panduro made a motion to approve Resolution 2024-176. Councilmember Carr seconded the motion. The motion carried unanimously (4-0).

13. Housing Services Sr. Management Analyst La Tanya Terrones recommended to Council that it open the Public Hearing; and approve Resolution 2024-177 of the City Council of the City of Fairfield Approving the Fiscal Year 2024- 2025 Community Development Block Grant (CDBG) Annual Action Plan.

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

Councilmember Tonnesen made a motion to approve Resolution 2024-177. Councilmember Panduro seconded the motion. The motion carried unanimously (7-0).

THE MEETING WAS ADJOURNED AT 7:33 P.M. TO TUESDAY, JULY 16, 2024, 6:00 P.M., HARRY T.

PRICE MEMORIAL COUNCIL CHAMBER.

_______________________________
City Clerk

____________________________
Mayor
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CITY OF FAIRFIELD

CLOSED SESSION
TUESDAY, JULY 16, 2024; 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 Catherine “Cat” Moy called the meeting to order at 5:02 p.m. City Manager David Gassaway called roll.

Present in person were Councilmembers Doug Carr, Doriss Panduro, Scott Tonnesen, K. Patrice Williams, Vice-Mayor Pam Bertani, and Mayor Moy. Councilmember Rick Vaccaro was absent.

No persons wished to speak in person or via Zoom at public comment.

The City Council went into closed session on Item #1:

PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Government Code 54957) - City Attorney

Present were City Manager David Gassaway, Human Resources Director Farbod Pirouzmand, and Attorney Genevieve Ng.

The City Council went into closed session on Item #2:

CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to Government Code section 54956.9(d)(2-4) Re: Vanden Road expansion project (Canon Station)

Present were City Attorney David Lim, City Manager David Gassaway, Assistant City Manager Savita Chaudhary, and Community Development Director David Zellers.

The City Council came out of closed session.

Mayor Moy adjourned the meeting at 5:56 p.m.

______________________________
City Attorney
________________________________
Mayor

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CITY OF FAIRFIELD

CITY COUNCIL

REGULAR CONCURRENT MEETING
TUESDAY, JULY 16, 2024; 6:00 PM
HARRY T. PRICE MEMORIAL COUNCIL CHAMBER,
1000 WEBSTER STREET, FAIRFIELD, CA 94533 OR VIA
ZOOM

PARADISE VALLEY MAINTENANCE AND MONITORING

MINUTES

CALL TO ORDER

Chair Catherine “Cat” Moy called the meeting to order at 7:25 p.m.

ROLL CALL

On roll call were Members Doug Carr, Doriss Panduro, Scott Tonnesen, Rick Vaccaro (online), K.

Patrice Wiliams, Vice-Chair Pam Bertani, and Chair Moy.

PVMMD NEW BUSINESS

1. Public Works Sr. Management Analyst Chris Lewis opened the discussion and asked the council for direction regarding a request from Paradise Valley Maintenance and Monitoring District Property Owners for Assessment Rebates and Future Assessment Rates and Reserve Fund Balances.

Option 1: Levy Assessments for Operations and Maintenance Costs only an d Maintain the Recommended Reserve Fund Balance of $1,570,000, Adjusted Each Year for Inflation.

Option 2: Temporarily Suspend Assessment Levies and Use Portions of the Reserve Fund Balance to Fund Annual Operations and Maintenance Costs.

Rick Johnson, Theda Peck, and Dr. Mark Carmody spoke on this item.

Member Tonnesen made a motion to select Option 1. Member Carr seconded the motion. By a roll call vote, the motion carried (6-1), with Vice Mayor Bertani voting no.

Adjourned the meeting at 7:54 p.m.

______________________________
Secretary
________________________
Chair
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CITY OF FAIRFIELD

CITY COUNCIL

REGULAR CONCURRENT MEETING
TUESDAY, JULY 16, 2024; 6:00 PM
HARRY T. PRICE MEMORIAL COUNCIL CHAMBER, 1000
WEBSTER STREET, FAIRFIELD, CA 94533 OR VIA ZOOM

COUNCIL MINUTES

CALL TO ORDER

Mayor Catherine “Cat” Moy called the meeting to order at 6:04 p.m.

Mayor Moy stated that Councilmember Rick Vaccaro was home ill and would like to participate via Zoom and asked for permission to do so. Councilmember Scott Tonnesen made a motion to allow Councilmember Vaccaro to participate from home online. Vice Mayor Pam Bertani seconded the motion. The motion carried unanimously (7-0). Mayor Moy stated that all votes must be by roll call.

ROLL CALL

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

INVOCATION

Imam Fardibeg Mirza of the Fairfield Muslim Center gave an invocation.

PLEDGE OF ALLEGIANCE

Councilmember Tonnesen led the Pledge of Allegiance.

COUNCIL REPORTS

Councilmember Tonnesen had nothing to report but asked if the Chamber could observe a moment of silence for Vacaville Police Officer Matthew Bowen, who was killed in the line of duty on July 11, 2024, and for Vacaville Fire Department Technician Bryden Nadasdy, who was killed in an accident while off duty a few days ago.

Councilmember Vaccaro thanked the council for allowing him to participate from home. He reported that the July 4 Parade was awesome, as always.

Councilmember Williams reported she was out of town for the past two weeks. She shared that she spent one full day shadowing Assemblymember Lori Wilson in Sacramento. She said Ms. Wilson works diligently for our community and the entire state. Next, on behalf of Mayor Moy, Councilmember Williams presented the Fairfield “Key to the City” to music pioneer Saint Charles Thurman II at a special event in his honor. Saint Charles is a native of Fairfield and a singer, songwriter, arranger, producer, and founder of Solar Music Group.

Vice Mayor Bertani invited the community to attend the first Annual Fire & Life Safety event at Rolling Hills Elementary School on Saturday, July 20, 2024, from 11 am to 1 pm. Fire Marshal Steven Conti will be on hand to answer questions from residents. She wished Councilmember Vaccaro a speedy recovery from his illness.

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Councilmember Carr reported he enjoyed the Independence Day Parade and that it was a HOT day! He also attended BayNorth Church of Christ’s Backpack Giveaway event recently. He thanked Pastor Sam Norris, who partnered with California Forever and other local organizations, to provide backpacks, along with school supplies and $50 grocery gift cards from a locally owned grocery store. to families who attended their event.

Mayor Moy reported that she met with U.S. Congressman John Garamendi and said he was thankful to the community for their support regarding his recent blood cancer diagnosis. The cancer was caught early, and he has an excellent prognosis. Lastly, she extended her condolences to the families of the two first responders from Vacaville who were killed recently, Police Officer Matthew Bowen and Fire Technician Bryden Nadasdy, and said she would adjourn the meeting this evening in their honor and memory. She said to keep the families in your prayers.

CITY MANAGER REPORT

City Manager David Gassaway reported there would not be a council meeting on August 6, as that is National Night Out and City Council and City staff will be attending the various neighborhood events going on that evening. He stated he was pulling Item 18 at the request of the applicant and that the public hearing would be re-noticed and brought back at a future meeting.

CITY ATTORNEY REPORT

City Attorney David Lim reported out of Closed Session on May 21, 2024, in the matter of James Velasco vs. City of Fairfield, Worker’s Compensation Appeals Board Claim No. FFL2200058. The City reached a settlement with Mr. Velasco, and details of the case can be found on the Worker’s Compensation Appeals Board website.

CITY CLERK REPORT

City Clerk Karen Rees reported that if anyone is interested in running for a City Council seat (Districts, 2, 4, or 6) or for the City Clerk or Treasurer seats, to call and make an appointment soon to pull papers.

The deadline to file is August 9, 2024.

PRESENTATIONS

1. 4th of July Parade Awards Presented by Parks & Recreation Program Coordinator Juan Segura.

2. Touchstone Golf Operations Update presented by Mark Luthman, President of Touchstone Golf, and Vice President of Operations James Birchall.

3. Supreme Court Ruling Regarding Grants Pass, Oregon Presented by Police Chief Dan Marshall.

PUBLIC COMMENTS

Dr. Mark Carmody spoke about illegal fireworks in Fairfield.

Ryan Messano spoke about several issues.

Guy Stevenson spoke about fentanyl poisoning and the need for people and organizations to have Narcan on hand.

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Convened meeting of the Paradise Valley Maintenance and Monitoring District at 7:25 p.m.

PVMMD NEW BUSINESS

4. Public Works Sr. Management Analyst Chris Lewis opened the discussion and asked the council for direction regarding a Request from Paradise Valley Maintenance and Monitoring District Property Owners for Assessment Rebates and Future Assessment Rates and Reserve Fund Balances .

Option 1: Levy Assessments for Operations and Maintenance Costs only and Maintain the Recommended Reserve Fund Balance of $1,570,000, Adjusted Each Year for Inflation.

Option 2: Temporarily Suspend Assessment Levies and Use Portions of the Reserve Fund Balance to Fund Annual Operations and Maintenance Costs.

Rick Johnson, Theda Peck, and Dr. Mark Carmody spoke on Item 4.

Councilmember Tonnesen made a motion to select Option 1. Councilmember Carr seconded the motion. By a roll call vote, the motion carried (6-1), with Vice Mayor Bertani voting no.

Reconvened meeting of the City Council at 7:54 p.m.

CONSENT CALENDAR

5. Approval of Meeting Minutes from June 2024

6. Resolution 2024-178 of the City Council of the City of Fairfield Authorizing the City Manager t o Execute the Memorandum(s) of Understanding (MOU) Between the City of Fairfield and the City Council Recommended Provider(s) for the Provision of Temporary Emergency Shelter Operations

7. Resolution 2024-179 of the City Council of the City of Fairfield Authorizing the City Manager t o Execute a Professional Services Agreement Between the City of Fairfield and California Wood Recycling, Inc. for Compost Procurement Services

8. Resolution 2024-180 of the City Council of the City of Fairfield Accepting the Improvements for the Green Valley II Apartments- Traffic Signal Improvements as Complete

9. Resolution 2024-181 of the City Council of the City of Fairfield Increasing Budget Authorization and Change Order Authority for the Grange Middle School Safe Routes to School and Pavement Preservation Project, Federal Aid Project No: CML-5132(049) and Authorizing an Update to the Fiscal Year 20242025 Budget; and

Resolution 2024-182 of the City Council of the City of Fairfield Accepting the Grange Middle School Safe Routes to School and Pavement Preservation Project, Federal Aid Project No: CML-5132(049) as Complete

10. Resolution 2024-183 of the City Council of the City of Fairfield Summarily Vacating Certain Public Service and Planting and Temporary Construction Easements on Assessor’s Parcel Number (APN) 0148-540-060

11. Resolution 2024-184 of the City Council of the City of Fairfield Approving Conveyance of an Easement to Solano Irrigation District Within Accessor’s Parcel Number (APN) 0151880140 and Authorizing the City Manager to Execute an Easement Deed

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12. Resolution 2024-185 of the City Council of the City of Fairfield Vacating a Portion of Certain Public Waterline Easements on Assessor’s Parcel Number (APN) 0148280520

13. Resolution 2024-186 of the City Council of the City of Fairfield Ratifying the Emergency Costs for the Lopes Road Landslide

14. Resolution 2024-187 of the City Council of the City of Fairfield Approving the Plans and Specifications and Awarding a Contract to Cratus, Inc. for the West Texas Utility Relocation Project for the Heart of Fairfield

15. Resolution 2024-188 of the City Council of the City of Fairfield Suspending Competitive Bidding and Authorizing the City Manager to Purchase Six Replacement Police Vehicles

Vice Mayor Bertani made a motion to approve the consent calendar. Councilmember Tonnesen seconded the motion. By a roll call vote, the motion carried unanimously (7-0).

NEW BUSINESS

16. Assistant City Manager Savita Chaudhary requested the council to Approve and Order Submitted to the Voters of the City of Fairfield Ordinance 2024-04 Amending C hapter 10B Business License Taxes of the Fairfield Municipal Code for Modernization and Simplification of the Business License Tax to be Placed on the November 5, 2024, Ballot and Adopt Resolution 2024-189.

Councilmember Tonnesen made a motion to approve Ordinance 2024-04 and Resolution 2024-189.

Councilmember Carr seconded the motion. By a roll call vote, the motion carried unanimously (7-0).

17. Assistant City Manager Chaudhary requested the council to Approve and Order Submitted to the Voters of the City of Fairfield Ordinance 2024-05 Amending C hapter 8, Article III. Transient Occupancy Tax of the Fairfield Municipal Code to Increase the Transient Occupancy Tax (TOT) from 10% to 12% to be Placed on the November 5, 2024, Ballot and Adopt Resolution 2024-190.

Councilmember Tonnesen made a motion to approve Ordinance 2024-05 and Resolution 2024-190.

Councilmember Panduro seconded the motion. By a roll call vote, the motion carried unanimously (7 - 0).

City Manager Gassaway pulled Item 18 by request of the applicant. The public hearing will be notice d and brought back at a future meeting.

PUBLIC HEARINGS

18. Public Hearing; and Resolution 2024-191 of the City Council of the City of Fairfield Annexing Territory (Green Valley III Apartments) to Community Facilities District No. 2012-2 (Public Safety Services, Open Space Operation, and Park Maintenance) as Annexation No. 69, Authorizing the Levy of a Special Tax Within the Annexed Territory, and Submitting the Levy of a Special Tax to the Qualified Electors Thereof; and

Resolution 2024-192 of the City Council of the City of Fairfield Declaring the Results of a Special Annexation Election in Territory Annexed to Community Facilities District No. 2012-2 (Public Safety Services, Open Space Operation, and Park Maintenance), Determining the Validity of Prior Proceed ings, and Directing Recording of Amended Notice of Special Tax Lien for City of Fairfield Community Facilities District No. 2012-2 (Public Safety Services, Open Space Operation, and Park Maintenance) Annexation No. 69 (Green Valley III Apartments).

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19. Human Resources Director Farbod Pirouzmand requested the council to approve the Second Reading of Ordinance 2024-03 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 (CalPERS).

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

Vice Mayor Bertani made a motion to approve Ordinance 2024 -03. Councilmember Carr seconded the motion. By a roll call vote, the motion carried unanimously (7-0).

20. Public Hearing; and Resolution 2024-193 of the City Council of the City of Fairfield [Approving/Sustaining] [Denying/Overruling] the Appeal of the Revocation of Business License # 24000256 for Field Gift Shop Located at 1312 W. Texas Street, Fairfield, CA 94533 Pursuant to Chapter 10 (Section 10B.33) of the Fairfield Municipal Code.

Police Support Manager Jeremy Profitt stated that Mr. Hamza Ahmed had contacted him on the afternoon of July 15, 2024, stating that he no longer wished to appeal the revocation of his business license. Mr. Profitt had staff follow up with Mr. Hamza Ahmed, and he again stated that he did not wish to appeal.

Therefore, Mayor Moy stated she was dropping the public hearing on the advice of City Attorney Lim.

ADJOURNED MEETING AT 8:15 P.M. IN HONOR OF FALLEN VACAVILLE POLICE OFFICER MATTHEW BOWEN AND VACAVILLE FIRE TECHNICIAN BRYDEN NADASDY TO TUESDAY, AUGUST 20, 2024, 6:00 P.M., HARRY T. PRICE MEMORIAL COUNCIL CHAMBER.

_________________________________
City Clerk

_____________________________
Mayor
Packet Page 21 of 634Attachment 5 Page 5 of 5

Agenda Item No: 4.

AGENDA REPORT
DATE:August 20, 2024
TO:Mayor and City Council
FROM:David Gassaway, City Manager
SUBJECT:Resolutions 2024194 and 2024195 of the City Council of the City of Fairfield in Support of Measure L, the Business License Modernization and Simplification Measure and in Support of Measure M, the Essential Services Protection Measure RECOMMENDED ACTION
Adopt resolutions.

STATEMENT OF ISSUE
The City Council passed Resolution No. 2024189 and 2024190 and voted to place two measures to adjust Fairfield’s business license tax and essential services protection tax (transient occupancy tax) on the November 5, 2024, ballot. If approved, the attached resolutions would serve as the council’s statement of support for Measure “L” and Measure “M.”

DISCUSSION
Fairfield is a fullservice city, equipped with its own Cityrun police, fire, park, and public works including water utility services. The health, safety, and welfare of all residents in the City of Fairfield is the City’s top priority. The City faces a structural budget deficit that it is trying to solve; and the general fund pays for important City services such as police, fire, and paramedic services; 911 emergency response; emergency street repairs and maintenance; neighborhood park and recreation services; and general municipal services to the public.

On July 16, 2024, the council voted to place two measures to adjust Fairfield’s business license tax and hotel/motel tax on the November 5, 2024, ballot.

Measure L Business License Tax Modernization and Simplification measure and Measure M Essential Services Protection (Transient Occupancy Tax) measure Measure L and Measure M adjustments would not directly impact Fairfield residents who do not stay in local hotels/motels or own and operate a business in the City.

If approved by local voters, these measures would provide locally controlled funding for essential services, including:

Packet Page 22 of 634

If approved by local voters, these measures would provide locally controlled funding for essential services, including:

Repairing potholes and maintaining Fairfield’s 793 miles of local streets Ensuring fire protection and preparedness for storms, flooding, and wildfires, and emergency medical response services
Maintaining city parks, recreation centers, playgrounds, and athletic fields and courts Supporting neighborhood police patrols
Measure “L” Business License Modernization and Simplification Measure The City of Fairfield requires businesses owned and operated in Fairfield to obtain a business license and pay an associated annual tax to help support the roads, infrastructure, and services used by local businesses.

Measure L creates a new structure that is designed to simplify oversight and compliance while encouraging business growth and job creation. It utilizes an equity approach to keep rates lower for smaller businesses as they grow while ensuring that the largest businesses with the highest economic impact in Fairfield are not unduly burdened so they and their employees can continue to thrive here.

Council passed Resolution No. 2024189 and voted to place Measure L on the November 2024 ballot to modernize and simplify the tax structure. These changes could generate approximately $1 million in additional annual funding for local essential services.

Measure “M” – Essential Services Protection Measure
Transient Occupancy Tax (TOT) – Also known as Hotel and Motel Tax paid by visitors Fairfield collects a local transient occupancy tax (TOT) to visitors staying in local hotels and motels. This hotel/motel tax is only paid by hotel and motel guests to ensure they contribute to maintaining the roads, infrastructure, public safety services and other resources they utilize while staying in Fairfield.

Council passed Resolution No. 2024190 and voted to place Measure M on the November 2024 ballot to increase the hotel/motel tax rate from 10% to 12%. This would bring it in line with neighboring communities and generate approximately $600,000 annually to support local essential services.

The Measure “L” and Measure “M” would be subject to fiscal accountability protections to ensure funds are spent properly, including:

Required public disclosure of all spending and mandatory annual audits No funds may be taken away by the State
All funds would stay in Fairfield for local services and infrastructure only FINANCIAL IMPACT
N/A
PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
N/A
ALTERNATIVE ACTION
The council may choose not to adopt the resolutions.

STAFF CONTACT
Savita Chaudhary, Assistant City Manager
(707) 4287582
[email protected]
Packet Page 23 of 634

Agenda Item No: 4.AGENDA REPORTDATE:August 20, 2024 TO:Mayor and City CouncilFROM:David Gassaway, City ManagerSUBJECT:Resolutions 2024194 and 2024195 of the City Council of the City of Fairfield inSupport of Measure L, the Business License Modernization and Simplification Measureand in Support of Measure M, the Essential Services Protection MeasureRECOMMENDED ACTIONAdopt resolutions.STATEMENT OF ISSUEThe City Council passed Resolution No. 2024189 and 2024190 and voted to place two measures toadjust Fairfield’s business license tax and essential services protection tax (transient occupancy tax) onthe November 5, 2024, ballot. If approved, the attached resolutions would serve as the council’sstatement of support for Measure “L” and Measure “M.”DISCUSSIONFairfield is a fullservice city, equipped with its own Cityrun police, fire, park, and public works includingwater utility services. The health, safety, and welfare of all residents in the City of Fairfield is the City’stop priority. The City faces a structural budget deficit that it is trying to solve; and the general fund paysfor important City services such as police, fire, and paramedic services; 911 emergency response;emergency street repairs and maintenance; neighborhood park and recreation services; and generalmunicipal services to the public.On July 16, 2024, the council voted to place two measures to adjust Fairfield’s business license tax andhotel/motel tax on the November 5, 2024, ballot.Measure L Business License Tax Modernization and Simplification measure andMeasure M Essential Services Protection (Transient Occupancy Tax) measureMeasure L and Measure M adjustments would not directly impact Fairfield residents who do not stayin local hotels/motels or own and operate a business in the City.If approved by local voters, these measures would provide locally controlled funding for essentialservices, including:Repairing potholes and maintaining Fairfield’s 793 miles of local streetsEnsuring fire protection and preparedness for storms, flooding, and wildfires, and emergencymedical response servicesMaintaining city parks, recreation centers, playgrounds, and athletic fields and courtsSupporting neighborhood police patrolsMeasure “L” Business License Modernization and Simplification MeasureThe City of Fairfield requires businesses owned and operated in Fairfield to obtain a business licenseand pay an associated annual tax to help support the roads, infrastructure, and services used by localbusinesses.Measure L creates a new structure that is designed to simplify oversight and compliance whileencouraging business growth and job creation. It utilizes an equity approach to keep rates lower forsmaller businesses as they grow while ensuring that the largest businesses with the highest economicimpact in Fairfield are not unduly burdened so they and their employees can continue to thrive here.Council passed Resolution No. 2024189 and voted to place Measure L on the November 2024 ballotto modernize and simplify the tax structure. These changes could generate approximately $1 million inadditional annual funding for local essential services.Measure “M” – Essential Services Protection MeasureTransient Occupancy Tax (TOT) – Also known as Hotel and Motel Tax paid by visitorsFairfield collects a local transient occupancy tax (TOT) to visitors staying in local hotels and motels. Thishotel/motel tax is only paid by hotel and motel guests to ensure they contribute to maintaining the roads,infrastructure, public safety services and other resources they utilize while staying in Fairfield.Council passed Resolution No. 2024190 and voted to place Measure M on the November 2024 ballotto increase the hotel/motel tax rate from 10% to 12%. This would bring it in line with neighboringcommunities and generate approximately $600,000 annually to support local essential services.The Measure “L” and Measure “M” would be subject to fiscal accountability protections to ensure fundsare spent properly, including:Required public disclosure of all spending and mandatory annual auditsNo funds may be taken away by the StateAll funds would stay in Fairfield for local services and infrastructure onlyFINANCIAL IMPACTN/APUBLIC CONTACT/ADVISORY BODY RECOMMENDATIONN/AALTERNATIVE ACTIONThe council may choose not to adopt the resolutions.STAFF CONTACTSavita Chaudhary, Assistant City Manager (707) 4287582
[email protected]
COORDINATED WITH
City Attorney's Office, City Manager's Office, Community Development Department, Finance Department
ATTACHMENTS:

Description
Attachment 1: Fairfield City Council Resolution Supporting Measure “L” Attachment 2: Fairfield City Council Resolution Supporting Measure “M” REVIEWERS:

Reviewer Action Date
Chaudhary, Savita Approved 8/7/2024 1:31 PM
Beavers, Esther Approved 8/8/2024 11:17 AM
Beavers, Esther Approved 8/8/2024 11:18 AM
Packet Page 24 of 634

CITY OF FAIRFIELD
RESOLUTION NO. 2024-194

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAIRFIELD IN SUPPORT OF MEASURE L,

THE BUSINESS LICENSE MODERNIZATION AND SIMPLIFICATION MEASURE WHEREAS, Fairfield has a proud tradition of delivering high-quality local services and well- managed finances; and
WHEREAS, people live in Fairfield, and locate their businesses here, because it is safe and offers a uniquely high quality of life; and
WHEREAS, residents want to improve public safety, infrastructure, and public spaces, and protect the vital City services and quality-of-life residents have come to expect; and WHEREAS, Fairfield faces a structural budget deficit that it is trying to solve; and WHEREAS, the city manager has reported that increasing City costs, and more costly mandates from the State and federal government, coupled with flat or declining City revenues, are leading to budget concerns the City cannot solve without new revenue that the State cannot take or spend for us; and
WHEREAS, the City Council has passed Resolution No. 2024-189 and voted to submit Measure L, a measure to modernize and simplify the City’s business license tax ordinance, to the voters on the November 5, 2024, ballot; and
WHEREAS, Measure L will be the first update to Fairfield’s business license system since 1984, and the business license taxes have remained the same during that time, not even adjusted for inflation; and
WHEREAS, Measure L adjusts the business license tax structure in a way that ensures adjustments are less than inflation for the City’s smallest businesses, to promote equity and fairness; and
WHEREAS, Measure L can produce approximately $1 million per year in additional revenue for locally controlled funding for essential City services, such as public safety, 911 emergency response, parks and recreation, and street maintenance and repair , through a tax paid only by businesses doing business in Fairfield, and not by residents; and WHEREAS, the council is committed to accountability provisions, such as public disclosure of all spending; and mandatory annual audits that ensure funds would stay in Fairfield for local services and infrastructure only.

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RES. NO. 2024-194

Page 2 ends

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

Section 1. The council endorses Measure L and supports voter approval of the proposed business license modernization and simplification measure as a critical way to raise revenue to protect and improve the quality of life in Fairfield. Measure L is a way to help ensure that the businesses that benefit from excellent City services will share in the costs of keeping Fairfield the great community that it is.

Section 2. The city manager, or designee, may provide a copy of this resolution to any person, upon request, as evidence of the council’s support of Measure L.

Section 3. The city clerk shall certify the adoption of this resolution.

PASSED AND ADOPTED this 20th day of August 2024, 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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CITY OF FAIRFIELD
RESOLUTION NO. 2024-195

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAIRFIELD IN SUPPORT OF MEASURE M,

THE ESSENTIAL SERVICES PROTECTION MEASURE
WHEREAS, Fairfield has a proud tradition of delivering high-quality local services and well- managed finances; and
WHEREAS, people live in Fairfield, and locate their businesses here, because it is safe and offers a uniquely high quality of life; and
WHEREAS, a Transient Occupancy Tax (TOT) is paid by hotels and motels guests, and tourists to ensure they contribute to maintaining the roads, infrastructure, public safety services, and other resources they utilize while staying in Fairfield; and
WHEREAS, TOT is not imposed on Fairfield residents, rather it is imposed on occupants of hotels, inns, Airbnb, and other short-term lodging facilities for stays of 29 days or less. The TOT is applied to a customer’s lodging bill. The TOT is a general tax that is deposited into the City’s general fund; and
WHEREAS, residents want to improve public safety, infrastructure, and public spaces, and protect the vital City services and quality-of-life residents have come to expect; and WHEREAS, Fairfield faces a structural budget deficit that it is trying to solve; and WHEREAS, the city manager has reported that increasing City costs, and more costly mandates from the State and federal government, coupled with flat or declining City revenues, are leading to budget concerns the City cannot solve without new revenue that the State cannot take or spend for us; and
WHEREAS, the City Council has passed Resolution No. 2024-190 and voted to submit Measure M, a measure to increase TOT from 10% to 12% and update the TOT ordinance, to the voters on the November 5, 2024, ballot; and
WHEREAS, Measure M will be the first update to Fairfield’s TOT tax rate since 1984, and the TOT taxes have remained the same during that time, not even adjusted for inflation; and WHEREAS, Measure M can produce approximately $600,000 per year in additional revenue for locally controlled funding for essential City services, such as public safety, 911 emergency response, parks and recreation, and street maintenance and repair , through a tax paid only by businesses doing business in Fairfield, and not by residents; and Packet Page 27 of 634Attachment 2 Page 1 of 2

RES. NO. 2024-195

Page 2 ends

WHEREAS, the council is committed to accountability provisions, such as public disclosure of all spending; and mandatory annual audits that ensure funds would stay in Fairfield for local services and infrastructure only.

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

Section 1. The council endorses Measure M and supports voter approval of the proposed Essential Services Protection measure as a critical way to raise revenue to protect and improve the quality of life in Fairfield. Measure M is a way to help ensure that the visitors who benefit from excellent City services will share in the costs of keeping Fairfield the great community that it is.

Section 2. The city manager, or designee, may provide a copy of this resolution to any person, upon request, as evidence of the council’s support of Measure M.

Section 3. The city clerk shall certify the adoption of this resolution.

PASSED AND ADOPTED this 20th day of August 2024, by the following vote:

______________________________________________________
MAYOR
ATTEST:
___________________________

CITY CLERK

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Agenda Item No: 5.

AGENDA REPORT
DATE:August 20, 2024
TO:Mayor and City Council
FROM:David Gassaway, City Manager
SUBJECT:Resolution 2024196 of the City Council of the City of Fairfield Approving the Agreement Between the City of Fairfield and Athens Insurance Service, Inc, DBA Athens Administrators
RECOMMENDED ACTION
Adopt resolution.

STATEMENT OF ISSUE
The Human Resources Department (HR) seek City Council approval to enter into an agreement with Athens Administrators to serve as the successor thirdparty administrator for the City’s Workers’ Compensation program. This strategic partnership is intended to enhance the efficiency, effectiveness, and costmanagement of the City’s Workers’ Compensation program through innovative solutions and best practices.

DISCUSSION
In 2013, HR selected Innovative Claims Solutions, Inc. (ICS) as its workers' compensation thirdparty administrator (TPA). A TPA's responsibilities generally include, managing industrial injuries, maintaining communication with employees, providing information on lost time and salary, conducting training for managers, supervisors, and employees, supporting early return to work initiatives, processing benefits and expenses, and organizing the City’s worker’s compensation claim records. The City has renewed its agreement with ICS each subsequent fiscal year since the agreement was entered into in 2013.

HR is committed to optimizing its selfinsured Workers' Compensation program and on January 30, 2024, issued a Request for Proposals (RFP) seeking a successor TPA. The RFP was publicized on the City’s official website, and promoted by City staff while attending the Public Agency Risk Management Association annual conference in February 2024. The initial RFP closed on February 27, 2024, however the submitted bids were cancelled, and a subsequent RFP was reopened on February 28, 2024, with revised requirements to accommodate alternative pricing structures and to enhance the City’s oversight of litigation management.

The second RFP closed on March 13, 2024, and gained responses from seven vendors. A selection committee comprised of representatives from HR, Risk Management, and departmental stakeholders reviewed all proposals received in response to the RFP. Five of the seven bids were chosen by the selection committee to participate in an interview and presentation process. Two of the five vendors were then selected for further evaluation. Athens Administrators, Inc., doing business as Athens Administrators, emerged as the top choice among panel members, as their proposal and presentations most closely aligned with the City's values and Workers' Compensation program needs.

Athens Administrators is a thirdgeneration, familyowned S Corporation based in California. Operating since 1976, the company has experienced consistent growth and expansion. Approximately 60% of Athens' clients are public agencies, which makes them familiar with the challenges facing the City's program and the importance of administering public funds with integrity and transparency. With a remarkable 91% employee retention rate in 2023, Athens Administrators maintains recognition as a topperforming TPA in the industry and as a preferred employer. Reference checks obtained by City staff consistently emphasized Athens' dedication to delivering exceptional service to public agency employees while effectively managing worker’s compensation claims.

FINANCIAL IMPACT
The total nottoexceed value of the proposed agreement with Athens Administrators is $1,618,769 for a fiveyear term, including an annual administration fee of $5,000. Fees are paid on a monthly basis, with the annual administration fee due with the first month's payment.

The annual service and administration fees will be budgeted accordingly in the Workers' Compensation Fund (Fund 542, Organization Code 8933) each fiscal year, as follows:

Year 1 (10/1/20246/30/2025): $240,035.00
Year 2 (7/1/20256/30/2026): $328,565.00
Year 3 (7/1/20266/30/2027): $339,081.00
Year 4 (7/1/20276/30/2028): $349,939.00
Year 5 (7/1/20286/30/2029): $361,149.00
Total nottoexceed: $1,618,769.00
The costs associated with the services agreement with Athens Administrators are solely for the administration of worker's compensation claims and do not include any ancillary costs that may be associated to individual claims.

PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
Staff recommends the council approve and authorize the city manager to execute the proposed services agreement with Athens Administrators, Inc. for worker’s compensation thirdparty claims administration. The proposed agreement has been reviewed and approved as to form by the City Attorney’s Office.

ALTERNATIVE ACTION
The council may choose not to approve this agreement and instruct staff to extend the current agreement with the incumbent, Innovative Claims Solutions, Inc. or to initiate a new Request for Proposals.

STAFF CONTACT
Farbod Pirouzmand, Human Resources Director
(707) 4287396
[email protected]
COORDINATED WITH
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Agenda Item No: 5.AGENDA REPORTDATE:August 20, 2024 TO:Mayor and City CouncilFROM:David Gassaway, City ManagerSUBJECT:Resolution 2024196 of the City Council of the City of Fairfield Approving theAgreement Between the City of Fairfield and Athens Insurance Service, Inc, DBAAthens AdministratorsRECOMMENDED ACTIONAdopt resolution.STATEMENT OF ISSUEThe Human Resources Department (HR) seek City Council approval to enter into an agreement withAthens Administrators to serve as the successor thirdparty administrator for the City’s Workers’Compensation program. This strategic partnership is intended to enhance the efficiency, effectiveness,and costmanagement of the City’s Workers’ Compensation program through innovative solutions andbest practices.DISCUSSIONIn 2013, HR selected Innovative Claims Solutions, Inc. (ICS) as its workers' compensation thirdpartyadministrator (TPA). A TPA's responsibilities generally include, managing industrial injuries, maintainingcommunication with employees, providing information on lost time and salary, conducting training formanagers, supervisors, and employees, supporting early return to work initiatives, processing benefitsand expenses, and organizing the City’s worker’s compensation claim records. The City has renewedits agreement with ICS each subsequent fiscal year since the agreement was entered into in 2013.HR is committed to optimizing its selfinsured Workers' Compensation program and on January 30,2024, issued a Request for Proposals (RFP) seeking a successor TPA. The RFP was publicized onthe City’s official website, and promoted by City staff while attending the Public Agency RiskManagement Association annual conference in February 2024. The initial RFP closed on February 27,2024, however the submitted bids were cancelled, and a subsequent RFP was reopened on February28, 2024, with revised requirements to accommodate alternative pricing structures and to enhance theCity’s oversight of litigation management.The second RFP closed on March 13, 2024, and gained responses from seven vendors. A selectioncommittee comprised of representatives from HR, Risk Management, and departmental stakeholdersreviewed all proposals received in response to the RFP. Five of the seven bids were chosen by theselection committee to participate in an interview and presentation process. Two of the five vendorswere then selected for further evaluation. Athens Administrators, Inc., doing business as AthensAdministrators, emerged as the top choice among panel members, as their proposal and presentationsmost closely aligned with the City's values and Workers' Compensation program needs.Athens Administrators is a thirdgeneration, familyowned S Corporation based in California. Operatingsince 1976, the company has experienced consistent growth and expansion. Approximately 60% ofAthens' clients are public agencies, which makes them familiar with the challenges facing the City'sprogram and the importance of administering public funds with integrity and transparency. With aremarkable 91% employee retention rate in 2023, Athens Administrators maintains recognition as atopperforming TPA in the industry and as a preferred employer. Reference checks obtained by Citystaff consistently emphasized Athens' dedication to delivering exceptional service to public agencyemployees while effectively managing worker’s compensation claims.FINANCIAL IMPACTThe total nottoexceed value of the proposed agreement with Athens Administrators is $1,618,769 fora fiveyear term, including an annual administration fee of $5,000. Fees are paid on a monthly basis,with the annual administration fee due with the first month's payment.The annual service and administration fees will be budgeted accordingly in the Workers' CompensationFund (Fund 542, Organization Code 8933) each fiscal year, as follows:Year 1 (10/1/20246/30/2025): $240,035.00Year 2 (7/1/20256/30/2026): $328,565.00Year 3 (7/1/20266/30/2027): $339,081.00Year 4 (7/1/20276/30/2028): $349,939.00Year 5 (7/1/20286/30/2029): $361,149.00Total nottoexceed: $1,618,769.00The costs associated with the services agreement with Athens Administrators are solely for theadministration of worker's compensation claims and do not include any ancillary costs that may beassociated to individual claims.PUBLIC CONTACT/ADVISORY BODY RECOMMENDATIONStaff recommends the council approve and authorize the city manager to execute the proposedservices agreement with Athens Administrators, Inc. for worker’s compensation thirdparty claimsadministration. The proposed agreement has been reviewed and approved as to form by the CityAttorney’s Office.ALTERNATIVE ACTIONThe council may choose not to approve this agreement and instruct staff to extend the currentagreement with the incumbent, Innovative Claims Solutions, Inc. or to initiate a new Request forProposals.STAFF CONTACTFarbod Pirouzmand, Human Resources Director(707) 428[email protected] COORDINATED WITH
City Attorney's Office, Finance Department
ATTACHMENTS:

Description
Attachment 1: Proposed Resolution
Attachment 2: Proposed Agreement
REVIEWERS:

Reviewer Action Date
Broaddus, Angela Approved 7/29/2024 8:02 PM
Henry, Alicia Approved 7/29/2024 8:57 PM
Broaddus, Angela Approved 8/1/2024 10:52 AM
Beavers, Esther Approved 8/1/2024 11:02 AM
Beavers, Esther Approved 8/1/2024 11:03 AM
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CITY OF FAIRFIELD

RESOLUTION NO. 2024-196

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAIRFIELD APPROVING THE AGREEMENT BETWEEN THE CITY OF FAIRFIELD AND ATHENS INSURANCE SERVICE, INC. DBA ATHENS

ADMINISTRATORS

WHEREAS, the City currently utilizes a workers' compensation third-party administrator (TPA) to manage the City's Workers' Compensation program; and

WHEREAS, the city is committed to optimizing the City's Workers' Compensation program for ongoing efficiency and cost-effectiveness; and

WHEREAS, the City issued a Request for Proposal (RFP) for workers’ compensation TPA services on January 30, 2024; and

WHEREAS, a selection committee comprised of representatives from Human Resources, Risk Management, and departmental stakeholders reviewed all proposals received in response to the RFP and conducted interviews with shortlisted candidates; and

WHEREAS, after careful consideration of all proposals and qualifications, the Selection Committee recommends Athens Insurance Service, Inc., doing business as Athens Administrators (Athens) as the City’s successor TPA.

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

Section 1. The City Council hereby selects Athens as the City's workers' compensation third-party administrator, effective October 1, 2024.

Section 2. The total cost of services shall not exceed $1,618,769 for a five-year term.

Section 3. The city manager is authorized to execute all necessary agreements with Athens and take other actions as necessary and proper to implement this resolution.

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RES. NO. 2024-196

Page 2 ends

PASSED AND ADOPTED this 20th day of August 2024, 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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PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made at Fairfield, California, as of ________________, 20____, by and between the City of Fairfield, a municipal corporation (the “CITY") and Athens Insurance Service, Inc. DBA Athens Administrators ("CONSULTANT"), who agree as follows:
1) SERVICES. Subject to the terms and conditions set forth in this Agreement, CONSULTANT shall provide to the CITY the services described in Exhibit “A,” which consists of the proposal submitted by CONSULTANT. CONSULTANT shall provide said services at the time, place, and in the manner specified in Exhibit “A.”
2) PAYMENT. CITY shall pay CONSULTANT for services rendered pursuant to this Agreement at the times and in the manner set forth in Exhibit “B.” The payments specified in Exhibit “B” shall be the only payments to be made to CONSULTANT for services rendered pursuant to this Agreement.

CONSULTANT shall submit all billings for said services to the CITY in the manner specified in Exhibit “B.” 3) FACILITIES AND EQUIPMENT. CONSULTANT shall, at its sole cost and expense, furnish all facilities and equipment which may be required for furnishing services pursuant to this Agreement. 4) GENERAL PROVISIONS. The general provisions set forth in Exhibit “C” are part of this Agreement. In the event of any inconsistency between said general provisions and any other terms or conditions of this Agreement, the provisions set forth in Exhibit “C” shall control. 5) INSURANCE REQUIREMENTS. The insurance requirements set forth in Exhibit “D” are part of this Agreement. In the event of any inconsistency between said general provisions and any other terms or conditions of this Agreement, the requirements set forth in Exhibit “D” shall control. 6) BUSINESS LICENSE. The CONSULTANT shall obtain and keep current a business license for work within the CITY of Fairfield pursuant to Chapter 10B of the Fairfield City Code, with respect to the gross receipts received pursuant to this Agreement. No payments shall be made to any SERVICE PROVIDER until such business license has been obtained, and all fees paid therefore, by the CONSULTANT.

Business license applications and information may be obtained from the Community Development Department, Fairfield City Hall, 1000 Webster Street, Fairfield, CA 94533-4883, (707-428-7509) and online at www.fairfield.ca.gov/biz .

7) EXHIBITS. All exhibits referred to herein are attached hereto and are by this reference incorporated herein.
8) TERM. This agreement shall be effective October 1, 2024 and continuous for the period of October 1, 2024 through June 30, 2025. This Agreement shall renew for a twelve-month term on July 1 of each successive year unless this Agreement is cancelled by CITY as provided in Exhibit “C”, section 8, or unless a written notice of intent to terminate this agreement is provided to CONTRACTOR by CITY at least sixty days prior to the end of a twelve-month term.
9) GOVERNING LAW AND VENUE. Should either Party to this Agreement bring legal action against the other, the validity, interpretation, and performance of this Contract shall be controlled by and construed under the laws of California, excluding California’s choice of law rules. Venue for any such action relating to this Agreement shall be in the Solano County Superior Court.

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10) Where applicable, vehicles with a GVWR greater than 8,500 lbs. and light-duty package delivery vehicles operated in California may be subject to the California Air Resources Board Advanced Clean Fleets regulations. Such vehicles may therefore be subject to requirements to reduce emissions of air pollutants. For more information, please visit the CARB Advanced Clean Fleets webpage at https://ww2.arb.ca.gov/our-work/programs/advanced-clean-fleets

11) ENTIRE AGREEMENT. This Agreement, including any other documents incorporated herein by specific reference, represents the entire and integrated agreement between CITY and CONSULTANT.

This Agreement supersedes all prior oral or written negotiations, representations or agreements. This Agreement may not be modified or amended, nor any provision or breach waived, except in a writing signed by both parties which expressly refers to this Agreement. 12) COUNTERPARTS. This Agreement may be executed in counterpart originals, duplicate originals, or both, each of which is deemed to be an original for all purposes. 13) NOTICES. This Agreement is managed and administered on the CITY’s behalf by the individual named below. All invoices must be submitted and approved by this individual and all notices shall be given to the CITY using the following contact information:

CITY Contact: Angela Broaddus, HR Manager
E-mail: [email protected], [email protected] Address: 1000 Webster Street, 4th Floor/Attn: Human Resources Fairfield, CA 94533

Telephone: (707) 428-7396
Notices must be given to CONSULTANT at the following:

CONSULTANT Contact: James Jenkins, President
E-mail: [email protected]
Address: 2552 Stanwell Drive
Concord, CA 94520

Mailing Address: P.O. Box 4029
Concord, CA 94529

Telephone: (925) 826.1100

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EXECUTED as of the day first above stated-.

CITY of Fairfield, a municipal corporation

By:__________________________________

CONSULTANT

By:___________________________________
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EXHIBIT “A”

SCOPE OF SERVICE

Athens Insurance Service, Inc. DBA Athens Administrators (“CONSULTANT”) will provide third party administrative services for the CITY of Fairfield’s (“the CITY”) Workers’ Compensation program.

I. BASIC SERVICES
A. Dedicated Claims Unit and Assigned Personnel
CONSULTANT shall maintain adequate staff and adjudicate claims in a timely and efficient manner. The CITY retains the right to approve all CONSULTANT staff members associated with its account.

CONSULTANT shall designate a full-time Claims Supervisor to be assigned to The CITY’s account that will act as the primary contact for the CITY and will be selected with the concurrence of the CITY. The Claims Supervisor must possess a State of California Self-Insurance Plan Certificate.

If for any reason the CITY finds, in its sole discretion, that the service provided by any assigned personnel is unsatisfactory, the CONSULTANT will agree to assign replacement personnel that must also be approved by the CITY.

B. Caseloads
The maximum caseload for the assigned personnel shall be as follows:

Claims Assistant: 200 Med only claims (max of 75 future medical) Senior Claims Examiner: 125 open claims
Claims Supervisor: 20 open claims

For the CITY, Supervisory personnel should not handle a caseload, although they may handle specific issues. If at any time during the term of the Agreement the number of all open claims exceed 125 per Senior Examiner or 20 for the Supervisor, CONSULTANT shall, with the CITY’s concurrence, assign additional staff to the CITY’s account.

C. Program Administration
CONSULTANT shall assist the CITY in establishing the following minimum program administration objectives:
i. Develop policies and procedures relating to the workers’ compensation claims program, as well as provide information and guidance regarding the workers’ compensation program and specified claims.
ii. Inform the CITY of current changes or proposed changes in statutes, rules and regulations and case law affecting the workers’ compensation program. iii. Represent CITY in all matters related to the set-up, investigation, adjustment, processing, negotiation and resolution of workers’ compensation claims against the CITY.
iv. Facilitate workers’ compensation and other related seminars for department heads and/or CITY’s staff at request of CITY.

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v. Represent CONSULTANT at quarterly meetings with departments on-site at CITY as requested, including the preparation of claim narratives for those attending the meetings.
vi. Provide copies of file correspondence and documentation as requested. vii. Maintain and store all hardcopy and/or electronic files indefinitely once file is closed. viii. Destroy any claim records by shredding. There will be no additional cost to CITY for destruction of claim records. Provide Certificate of Destruction for all documents. ix. CONSULTANT shall provide to CITY, at no additional cost, within five (5) business days of the date of termination of an Agreement, all claims, reports, files, and electronic data of CITY’s self- insured workers’ compensation annual reports. x. The CITY retains the right to approve all CONSULTANT staff members associated with its account.
xi. Transfer electronic data to site chosen by CITY within five (5) days of termination of contract.

D. Claims Administration
During the term of this Agreement, CONSULTANT agrees to administer on behalf of the CITY all claims for workers' compensation in all material respects pursuant to all applicable laws, regulations and rules and in accordance with this Agreement. On behalf of CITY, CONSULTANT agrees to perform the following services in connection with CITY's Workers' Compensation Program:

i. Administer worker’s compensation benefits in accordance with California State Law. ii. Make initial contact with the injured employee and establish a claims file within one business day of receipt of the Employer’s First Report of Injury. iii. Complete a thorough analysis of relevant factors to determine compensability according to California law; recommend action by the CITY to accept or deny coverage; provide formal written analysis to CITY staff seeking authority for settlement or resolution of a claim. Final authority to accept or deny coverage or proceed with any settlement shall rest with the CITY.
iv. Investigate any questionable claim; recommend special, outside independent investigation for a questionable claim with the consent, coordination, and assistance of the CITY. The CITY retains its right to select or approve any independent investigator vendor(s).
v. Provide information and guidance to an injured employee about the workers' compensation benefits available according to California law and established CITY policies.
vi. Make all claim files available for review by the CITY anytime during the CONSULTANT’s regular business hours.
vii. Maintain Utilization Review process as governed by Labor Code section 4610 to review treatment recommended by physicians to determine if it is medically necessary, either in- house or with the respective CITY’s contracted vendor. The CITY retains its right to select or approve the Utilization Review vendor(s). CITY retains the right to override a Utilization Review determination or instruct the CONSULTANT not to send a particular treatment request through the Utilization Review process. viii. Monitor treatment programs for injured employees to ensure that they receive prompt proper care and eliminate any unnecessary treatment. This task includes Docusign Envelope ID: 1E0AFF4E-9525-4DF3-8AA8-D0244130D07B Packet Page 38 of 634Attachment 2 Page 5 of 31

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referrals to the Drug Utilization review vendor for medications misuse, abuse, or over- prescribing.
ix. File and Serve all medical reports on interested parties to a claim within five (5) days of receipt of documents.
x. Respond to CITY staff inquiries within one business day; respond to CITY staff about any critical issues on the same day.
xi. Provide Medicare Agent Services and the required reporting (including Section 111 of the Medicare, Medicaid & SCHIP Extension Act (MMSEA) of 2007). xii. Excess Insurance - report any claim to the CITY’s Excess Insurance Carrier as required by the policy; provide all necessary documentation to the excess insurance carrier; seek reimbursement of funds from the excess insurance carrier. xiii. The CONSULTANT shall adhere to the Addendum A Claims Administration Standards adopted by Public Risk Innovation, Solutions, and Management (“PRISM”), attached hereto as Exhibit E, at all times and participate in periodic audits of such Standards.

Amendments to the Addendum A Standards may be adopted by PRISM’s Board of Directors during the term of this contract and CONSULTANT shall adhere accordingly.

In the event there exists a conflict between PRISM’s standards, the Labor Code, the Code of Regulations, or this Agreement, the most stringent requirement shall apply. xiv. The CONSULTANT shall participate in audits conducted on behalf of PRISM, including routine audits in adherence with the Addendum A Standards and/or periodic specific audits. In the event the audit results do not meet expectations, the CONSULTANT may be responsible for any costs associated with an interim audit conducted by PRISM and its associated fees.

E. Medical Bill Review
A bill for any type of medical treatment (physician, pharmacy, hospital, therapist, etc.) received by the CONSULTANT shall be reviewed for correctness and accuracy; approved for payment; and paid within sixty (60) working days of receipt. CONSULTANT shall review each bill for medical services for reasonableness using the State Medical Fee Schedules and any appropriate Preferred Provider Organization schedules. CONSULTANT may elect to utilize a vendor to provide this service.

The CONSULTANT shall notify the medical provider in writing within thirty (30) working days of receipt of an itemized bill about any contested, denied, or incomplete amount on the itemized bill.

The CONSULTANT shall utilize an approved bill review process. The bill review process shall include participation in a Preferred Provider Organization (PPO). The use of a Medical Panel Network (MPN) is desirable but not required. The CITY retains its right to select, approve, or reject the Medical Bill Review vendor(s) and any MPN.

If CONSULTANT elects to provide medical bill review services internally, CONSULTANT shall provide a guaranteed cost bill review program. The CONSULTANT must identify any costs associated with the medical bill review services separately from its administrative fees. Any CONSULTANT who proposes using a vendor to provide medical bill review services shall identify the vendor and its fee schedule. The CITY retains its right to select, approve, or reject the proposed Bill Review vendor.

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F. Medical Service and Expenditure
CONSULTANT shall provide the services described below to any CITY employee who Sustains an industrial injury or illness:
i. Develop and recommend a panel of physicians for the initial treatment of an industrial injury or illness.
ii. Monitor the medical treatment program for each claim including review of all medical reports, referring any requested services as necessary to a State approved and CITY approved utilization review management program for required determinations.
iii. Recommend the use of nurse case management services for assistance in medical control. CITY retains its right to select the nurse case management vendor and approve or deny the use of nurse case management on any specific claim file.
iv. Maintain close liaison with all CITY assigned treating physicians. v. Provide guidance in the evaluation of the physical capacity of injured employees and in their ability to return to work.
vi. Determine eligibility for and authorize payment of medical benefits. vii. Schedule and authorize medical examinations to determine the nature and extent of disability; advise all interested parties about all medical appointments, including Agreed or Independent Medical Evaluations and Independent Medical Reviews using the panel list agreed upon between CONSULTANT and CITY or as required by the State agency. viii. Review all billings for reasonableness using the State Medical Fee Schedules and submit for medical auditing as necessary to a CITY-approved bill review service. Refer to the Medical Bill Review section (above). CITY retains its right to select the Bill Review vendor.
ix. Assist CITY, if requested, in establishing a Medical Provider Network (MPN) to treat injured workers. CITY retains its right to opt out of a MPN and utilize a CITY approved PPO list of physicians.

G. Consultation
With respect to consultation provided to CITY and/or employees who incur job-related injuries or illness, the CONSULTANT shall:
i. Provide information and guidance to injured employees regarding the benefits they will receive in accordance with CITY policies.
ii. Attend appointments, including but not limited to meetings, conferences, court appearances, and scene investigations at the request of CITY Human Resources staff.
iii. Provide information, guidance, and assistance to injured employees regarding permanent disability ratings; Qualified Medical, Independent Medical Reviews and Agreed Medical Examiner process; delay process, denial process and Docusign Envelope ID: 1E0AFF4E-9525-4DF3-8AA8-D0244130D07B Packet Page 40 of 634Attachment 2 Page 7 of 31

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settlement of claims. CITY retains its right to the final decision with regards to compensability on any claim.
iv. Assist the CITY in solving employee non-legal problems arising out of industrial injury cases.
v. Work with injured employees, CITY personnel and other agencies to provide rehabilitation, retraining or reassignment of employees with physical or performance limitations arising out of an industrial injury. vi. Provide guidance to CITY staff to ensure that the return to work by, or reassignment of, an injured employee is consistent with the medical findings. vii. Assist the CITY, as requested, with cost containment and incentive programs.

H. Litigation Management
Litigation management services by CONSULTANT shall, at a minimum, include the following:
i. Refer litigated cases to an attorney using a listing of approved attorneys provided by the CITY. CITY retains the right to have a specific attorney assigned to a case. ii. CITY retains its right to appoint legal counsel to its account. iii. Assist in the defense of litigated cases.
iv. Assist in negotiation of claim resolution and settlements. v. Monitor each case for potential subrogation recovery, prepare correspondence to effect collection, and assist legal counsel where litigation is required to affect recovery. vi. Ensure that, for employees who are represented by legal counsel, their attorneys receive copies of reports and correspondence as appropriate and required by law. vii. Maintain a litigation management budget for each litigated file and provide litigation status reports on a regular basis for each litigation file. viii. Cooperate fully with all attorneys chosen by the CITY, including the City Attorney.

I. Information Management and Reports
CONSULTANT shall meet the following minimum information Management and Reports objectives:
i. Provide CITY’s management with computerized reports at specified intervals on new claims, closed claims, paid losses, incurred costs, the progress of individual claims and the effectiveness of safety and other cost control programs; commonly known as a Loss Run. ii. Administer and provide a comprehensive annual statistical summary survey customized to meet the CITY’s needs, and if requested by the CITY, a narrative report to serve as the basis for evaluation of CITY programs.
iii. Provide Cal-OSHA data, upon request by the CITY, for the Cal-OSHA Log 300A. Reports are to be submitted to the CITY no later than thirty (30) days prior to the due date. iv. Provide CITY with written status reports on all open claims at the end of each fiscal quarter. Human Resources staff must receive the completed status reports on or before the 15th of the month following the completed quarter (July 15, October 15, January 15, April 15). The Human Resources Department may distribute the completed status reports to operating departments.
v. CONSULTANT shall provide the CITY’s staff with the ability to access the CONSULTANT’s software system.
vi. CONSULTANT shall provide secure, electronic reports to allow performance of certain routine data analysis by the CITY, including ad hoc reports.

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vii. Provide narrative or analytical reports regarding major cases. viii. Provide the CITY with copies of initial and quarterly reporting to Medicare. ix. Submit to the CITY, a completed Cal-OSHA Log 300 every sixty (60) days.

II. FINANCIAL MANAGEMENT
A. Banking Services
CONSULTANT will be given access to a Workers’ Compensation trust account for payment of Workers’ Compensation benefits. The purpose of this fund shall be to pay medical/legal and other expenses incurred as a result of accepted industrial injuries/illnesses, as well as payment of Workers’ Compensation benefits to which eligible employees are entitled.

CITY agrees to maintain a minimum account balance of $200,000 and will fund and replenish the account as needed to meet this baseline. All funds in the CITY’s trust account belong to the CITY. CONSULTANT shall have authority to write checks on behalf of the CITY’s account.

CONSULTANT shall have authority to pay Allocated Loss Adjustment Expenses from the CITY Account to vendors. CONSULTANT shall provide the CITY with detailed accountings of the expenditures from the CITY Account.

CONSULTANT agrees to make records pertinent to the CITY Account available to CITY for audit purposes at all reasonable times with at least 24 hours' notice.

Additional services, including but not limited to, field and investigative services, legal expenses, managed care services, index bureau inquiries, bill review and all services which are provided by outside vendors on behalf of the CITY shall be paid out of the CITY's account, or trust account approved by CITY.

III. RECORDS AND FILE STORAGE/TRANSFER
A. Files
The CONSULTANT shall record and maintain an electronic file of all industrial injuries reported. Files may be maintained electronically, in hard copy, or in other media, at Administrator’s discretion. Such files shall be made available to the CITY or its designated representative for inspection upon request.

The CONSULTANT may, at its discretion keep a copy of CITY’s files if it deems it necessary to comply with or defend itself in relation to any obligation or rights that it has under this Agreement, applicable laws or regulations.

B. File Storage
The CONSULTANT shall maintain complete and accurate records with respect to costs, expenses, receipts, and other such information required by the CITY that relates to the performance of services under this Agreement. The CONSULTANT shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. The CONSULTANT shall provide free access to the representatives of the CITY or its designees at all proper times to such books and records and give the CITY the right to examine and audit same, and to make transcripts there Docusign Envelope ID: 1E0AFF4E-9525-4DF3-8AA8-D0244130D07B Packet Page 42 of 634Attachment 2 Page 9 of 31

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from as necessary, and to allow inspection of all work, data, documents, proceedings, and activities related to this Agreement. Such records, together with supporting documents, shall be kept separate from other documents and records and shall be maintained for a period of no less than three (3) years after receipt of final payment.

All original books, manuals, films or any other patentable or copyrightable material developed with contract funds, reproduced, prepared, or caused to be prepared by the CONSULTANT pursuant to or in connection with this Agreement shall be the exclusive property/rights of the CITY. The CONSULTANT shall not copyright any report required by this Agreement. Any report, information, and data acquired or required by this Agreement shall become the property of the CITY and all publication rights are reserved to the CITY.

All records, files, transcripts, computer tapes, and other material or workers’ compensation adjusting activity reports prepared by the CONSULTANT shall be the property of the CITY and must be relinquished by the CONSULTANT to the CITY at the conclusion of this Agreement.

The CITY shall not be required to pay any additional costs for the retrieval of such information, documentation, and software.

The CONSULTANT shall take all steps necessary to safeguard any data, files, reports or other information from confidentiality breaches, loss, destruction or erasure. Liability for any costs or expense of replacing or damages resulting from the loss of such data shall be borne by the CONSULTANT unless at the time of loss said data was in the exclusive custody of the CITY. The CONSULTANT will cooperate with CITY and make available any and all claim files and records available for audits. The CONSULTANT shall perform an independent audit of its data centers at least annually at its expense and provide a redacted version of the audit report upon request. The Service Provider may remove its proprietary information from the redacted version. CONSULTANT agrees to follow the Data Security requirements as listed in Exhibit B.

The CITY will have reasonable access to the necessary portions of CONSULTANT facilities, records, and files for review or audit purposes. The CITY, at its option, shall have the right to have a claims audit(s) performed. The audit(s) will be directed to, including but not limited to, the following areas: Staffing; Examiner Caseloads; Reporting; Supervision; Case Reserves; File Documentation; Medical Payments; Disability Benefit Delivery; Fines & Penalties; Diary System; Claimant, Employer and Doctor Contact; Case Administration & Investigation; and Contract for Claim Administration Services; application of current WCAB rules and regulations and case law.

C. Storage/Transfer of Physical Documents during Implementation Period If CITY would like to transfer physical documents for active and closed claim files to CONSULTANT, CITY must choose one of the following options to do so: 1) Storage - CONSULTANT will store the physical documents at an offsite third-party storage facility with the direct costs passed-through, with no mark-up, to CITY to pay on a quarterly basis; 2) Scan and shred – CONSULTANT will scan the physical documents received for CITY’s active claims files and shred them, at CONSULTANT’s expense; closed claim file boxes will be scanned and shredded by CONSULTANT or third-party vendors hired by CONSULTANT, for a cost to CITY of $25 each box, to be paid to CONSULTANT by CITY with the first invoice after receipt of boxes.

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CONSULTANT. If the boxes are received by CONSULTANT without CITY’s instructions, CONSULTANT will scan and shred the documents and bill CITY as noted in choice #2 in this paragraph.

D. Storage of Video Files during Implementation Period
If CITY would like to transfer video files for active and closed claim files, to CONSULTANT, CITY may transfer up to 1TB (terabyte) of video that CONSULTANT will store at CONSULTANT’s cost. For any additional space utilized for video files, CONSULTANT will bill CITY $1 per GB (gigabyte) on a monthly basis.

E. Transfer of Electronic Files Upon Cancellation or Termination of Agreement Upon cancellation of this Agreement, CONSULTANT will provide CITY’s files to CITY, or an entity designated by CITY, within 30 business days of the agreed upon transfer date of the files to the successor CONSULTANT. The CITY will reimburse CONSULTANT all reasonable costs incurred in returning the files to the CITY. The electronic files will be in the electronic form used by CONSULTANT to provide the services to CITY under this Agreement.

The CITY may request that the files be provided in a different format or that the hard copies of the files be provided to it, provided that CITY pays CONSULTANT for all costs associated with such request. Notwithstanding the foregoing, CONSULTANT will not be obligated to provide the files to CITY or an entity designated by CITY, unless CITY has paid CONSULTANT for all amounts owed pursuant to the Agreement.

CITY agrees to comply, and to require any recipient of the files designated by it to comply, with all applicable laws and regulations relating to the storage, transmission, use and confidentiality of the files and to hold CONSULTANT harmless in relation thereto, except for gross negligent acts of which the CONSULTANT will be responsible.

IV. PENALTIES AND FINES
CONSULTANT and CITY hereby acknowledge the various penalties and administrative fines that are contained in The California Workers' Compensation Reform Act of 1989 {effective January 1, 1990 and January 1, 1991) that may be imposed on both employers and claim administrators.

CONSULTANT will be responsible for any fines or penalties associated with questionable or controverted claims that CONSULTANT denies without first consulting and obtaining approval by the CITY for denial of the claim(s). CONSULTANT will not be responsible for any fines or penalties levied by the Division of Workers' Compensation or any other judicial or quasi-judicial organization for improper denial of a claim(s) if, over the objections of CONSULTANT, CONSULTANT has denied said claim(s) at the direction of the CITY.

The CITY shall be responsible for all penalties where CONSULTANT has not been given sufficient notice such that CONSULTANT had the ability to investigate the claim and to pay temporary disability or send the required wage continuation notice before the penalties were assessed.

The services as described in this Agreement shall be performed in all material respects in accordance with applicable laws, rules, regulations and standards of governmental authorities including, in particular, applicable Workers' Compensation Laws of the State of California.

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This Agreement shall be construed in accordance with, and governed by, the internal laws of the State of California and the venue for any disputes is the County of Solano as requested by the CITY.

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EXHIBIT “B”

PAYMENT

CITY agrees to compensate Athens Insurance Service, Inc. DBA Athens Administrators for professional services performed in accordance with the terms and conditions of this AGREEMENT, for a total not to exceed of $1,618,769.00 specifically for tasks associated with CITY'S workers' compensation third party claims administration services for a flat fee as follows:

Program Year
Flat Annual Fee*
Annual
Administration Fee

Total*
Year 1: 10/1/2024 – 6/30/2025 $ 235,035 $5,000 $240,035 Year 2: 7/1/2025 – 6/30/2026 $ 323,565 $5,000 $328,565
Year 3: 7/1/2026 – 6/30/2027 $ 334,081 $5,000 $339,081
Year 4: 7/1/2027 – 6/30/2028 $ 344,939 $5,000 $349,939
Year 5: 7/1/2028 – 6/30/2029 $ 356,149 $5,000 $361,149
Total: $1,618,769
*excludes claim volume Threshold charges

Claim Volume Protection Clause
In the flat annual fee pricing scenario if the annual new claim inventory increases in any year beyond the noted annual new-claim inventory assumption (the Threshold, defined as 55 indemnity claims and 35 medical only claims) then each claim beyond the Threshold will be billed at the following per claim rate: $1,000 per indemnity claim and $165 per medical only claim. Charges for claim volume in excess of the Threshold will be billed on the next monthly invoice after the Threshold has been exceeded, and no later than 90 days of the end of each contract year.

Annual Administration Fee
Data Management Included
Banking - includes management of (1) bank account with monthly escrow replenishment. Each additional account will be charged at a rate of $600 per month.

Included
Account Management Included
Claim Reporting (web, fax, telephonic) Included
Dash Board Risk Management Web Site Included
On-Line System Access (Up to 5 Users) Included
Annual Stewardship Report Included
Electronic Delivery of Monthly Loss Runs Included

Medical Bill Review Fees**
Medical Fee Schedule Reduction (OMFS)
(includes: Medical, Pharmacy and Supplies)
$ 9.00 per bill
Hospital In Patient and Hospital Out Patient Fee Schedule Reductions $ 600.00 per bill PPO Network & Specialty Bill Negotiations 25.00% of Savings Duplicate Bills No Charge

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Utilization Review**
Concurrent, Prospective and Retrospective Review $ 165 flat fee UR appeals : Peer to Peer $300 per hour
Authorization Only $40 flat fee

Case Management**
Telephonic Nurse Case Management $125 per hour
Field Case Management $ 135 per hour + travel and mileage Catastrophic Case Management $145 per hour + travel and mileage

Peer Review**
Physician Peer Review $ 300 flat fee
Records Review $250 per hour

**Medical Bill Review, Utilization Review, Case Mgmt. & Peer Review Fees are subject to 3.5% annual increases on the anniversary date of the Agreement.

Additional Related Services
Pharmacy Benefits Management (PBM) Included
Pharmacy Drug Review $125 per hour
Central Index Bureau & First and Subsequent Report of Incident Reporting $25 Per Claim Reporting Included
Predictive Modeling Included
Jarvis Claim Communication System Included
MPN (Only applies if MPN is in place) $5.75 Per Bill
CMS Reporting (Verisk) Included
IT Special Projects
(i.e., Custom report creation, API feed development & special conversions)

$180 Per Hour
Nurse Triage $175 Per Claim

1) Payment shall be made to CONSULTANT on a time and materials basis, and CONSULTANT shall submit monthly invoices to the Human Resources Department (via email to hr- [email protected]) for the same.

2) Any additional meetings or work required beyond that set forth in Exhibit “A” shall be mutually agreed to in writing by the CITY and CONSULTANT, and shall be billed on a time and materials basis to the Human Resources Department (via email to [email protected]).

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EXHIBIT “C”

GENERAL PROVISIONS
1) INDEPENDENT CONSULTANT. At all times during the term of this Agreement, CONSULTANT shall be an independent contractor and shall not be an employee of CITY. CITY shall have the right to control CONSULTANT only insofar as the results of CONSULTANT's services rendered pursuant to this Agreement; however, CITY shall not have the right to control the means by which CONSULTANT accomplishes services rendered pursuant to this Agreement. 2) LICENSES; PERMITS; ETC. CONSULTANT represents and warrants to CITY that CONSULTANT has all licenses, permits, qualifications, and approvals of whatsoever nature which are legally required for CONSULTANT to practice CONSULTANT's profession. CONSULTANT represents and warrants to CITY that CONSULTANT shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any licenses, permits, and approvals which are legally required for CONSULTANT to practice its profession.
3) TIME. CONSULTANT shall devote such services pursuant to this Agreement as may be reasonably necessary for satisfactory performance of CONSULTANT's obligations pursuant to this Agreement. CONSULTANT shall adhere to the Schedule of Activities as described in their Executive Summary.
4) CONSULTANT NOT AN AGENT. Except as CITY may specify in writing, CONSULTANT shall have no authority, express or implied, to act on behalf of CITY in any capacity whatsoever as an agent.

CONSULTANT shall have no authority, express or implied, pursuant to this Agreement, to bind CITY to any obligation whatsoever.
5) ASSIGNMENT PROHIBITED. No party to this Agreement may assign any right or obligation pursuant to this Agreement. Any attempted or purported assignment of any right or obligation pursuant to this Agreement shall be void and of no effect.
6) PERSONNEL. CONSULTANT shall assign only competent personnel to perform services pursuant to this Agreement. In the event that CITY, in its sole discretion, at any time during the term of this Agreement, desires the removal of any person or persons assigned by CONSULTANT to perform services pursuant to this Agreement, CONSULTANT shall remove any such person immediately upon receiving notice from CITY of the desire of CITY for the removal of such person or persons. 7) STANDARD OF PERFORMANCE. CONSULTANT shall perform all services required pursuant to this Agreement. Services shall be performed in the manner and according to the standards observed by a competent practitioner of the profession in which CONSULTANT is engaged in the geographical area in which CONSULTANT practices his profession. All products which CONSULTANT delivers to CITY pursuant to this Agreement shall be prepared in a workmanlike manner, and conform to the standards of quality normally observed by a person practicing in CONSULTANT's profession. CITY shall be the sole judge as to whether the product of the CONSULTANT is satisfactory.
8) CANCELLATION OF AGREEMENT. This Agreement may be canceled at any time by either party at its discretion upon written notification to the opposing party at least 180 days prior to the cancellation.

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including the date of receipt of written notice to cease work on the project. CONSULTANT shall be entitled to no further compensation for work performed after the date of receipt of written notice to cease work.

All completed and incomplete products up to the date of receipt of written notice to cease work shall become the property of CITY.
9) PRODUCTS OF CONSULTING. All products of the CONSULTANT provided under this Agreement shall be the property of the CITY.
10) INDEMNIFY AND HOLD HARMLESS.
a) If AGREEMENT is an Agreement for design professional services subject to California Civil Code § 2782.8(a) and CONSULTANT is a design professional, as defined in California Civil Code § 2782.8(c)(2), to the fullest extent permitted by law, CONSULTANT shall indemnify, defend and hold harmless CITY and its elected officials, officers, agents, employees and designated volunteers (collectively “CITY Indemnitees”) from and against any and all claims, losses, liabilities, damages, costs and expenses, including attorney’s fees and costs, to the extent they arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the CONSULTANT. CONSULTANT’s duty to defend shall consist of reimbursement of defense costs incurred by CITY in direct proportion to the CONSULTANT’s proportionate percentage of fault. CONSULTANT’s percentage of fault shall be determined, as applicable, by a court of law, jury or arbitrator. In the event any loss, liability or damage is incurred by way of settlement or resolution without a court, jury or arbitrator having made a determination of the CONSULTANT’s percentage of fault, the parties agree to mediation with a third party neutral to determine the CONSULTANT’s proportionate percentage of fault for purposes of determining the amount of indemnity and defense cost reimbursement owed to the CITY.
b) If AGREEMENT is not an Agreement for design professional services subject to California Civil Code § 2782.8(a) or CONSULTANT is not a design professional as defined in California Civil Code § 2782.8(c)(2), to the fullest extent allowed by law, CONSULTANT shall indemnify, defend, and hold harmless the CITY Indemnitees from all claims, suits, or actions of every name, kind and description, brought forth on account of injuries to or death of any person or damage to property arising from or connected with the willful misconduct, negligent acts, errors or omissions, ultra-hazardous activities, activities giving rise to strict liability, or defects in design by CONSULTANT or any person directly or indirectly employed by or acting as agent for CONSULTANT in the performance of this Agreement, including the concurrent or successive passive negligence of the CITY Indemnitees.

It is understood that the duty of CONSULTANT to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code.

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

CONSULTANT’S responsibility for such defense and indemnity shall survive termination or completion of this Agreement for the full period of time allowed by law. 11) PROHIBITED INTERESTS. No employee of the CITY shall have any direct financial interest in this Agreement. This Agreement shall be voidable at the option of the CITY if this provision is violated.

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12) LOCAL EMPLOYMENT POLICY. The CITY desires wherever possible, to hire qualified local residents to work on CITY projects. Local resident is defined as a person who resides in Solano County.

The CITY encourages an active affirmative action program on the part of its contractors, consultants, and developers. When local projects require, subcontractors, contractors, consultants and developers will solicit proposals from qualified local firms where possible.

As a way of responding to the provisions of the Davis-Bacon Act and this program, contractor, consultants, and developers will be asked, to provide no more frequently than monthly, a report which lists the employee's name, job class, hours worked, salary paid, city of residence, and ethnic origin. 13) CONSULTANT NOT A PUBLIC OFFICIAL. CONSULTANT is not a "public official" for purposes of Government Code §§ 87200 et seq. CONSULTANT conducts research and arrives at their conclusions, advice, recommendation, or counsel independent of the control and direction of the CITY or any CITY official, other than normal contract monitoring. In addition, CONSULTANT possesses no authority with respect to any CITY decision beyond these conclusions, advice, recommendation, or counsel. 14) EMPLOYMENT DEVELOPMENT DEPARTMENT REPORTING REQUIREMENTS. When the CITY executes an Agreement for or makes payment to CONSULTANT in the amount of $600 (six hundred dollars) or more in any one calendar year, CONSULTANT shall provide the following information to CITY to comply with Employment Development Department (EDD) reporting requirements:
a) Whether CONSULTANT is doing business as a sole proprietorship, partnership, limited liability partnership, corporation, limited liability corporation, non-profit corporation or other form of organization.
b) If CONSULTANT is doing business as a sole proprietorship, CONSULTANT shall provide the full name, address and social security number of the sole proprietor. c) If CONSULTANT is doing business as other than a sole proprietorship, CONSULTANT shall provide CONSULTANT’S federal tax identification number.

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EXHIBIT “D”

INSURANCE REQUIREMENTS
CONSULTANT shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the CONSULTANT, its agents, representatives, or employees. 1) MINIMUM SCOPE AND LIMITS OF INSURANCE
a) Commercial General Liability coverage (occurrence Form CG 00 01) with minimum limits of $1,000,000 per occurrence for bodily injury, personal injury, products and completed operations, and property damage. If Commercial General Liability or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.
b) Automobile Liability coverage (Form CA 00 01 with Code 1 – any auto) with minimum limits of $1,000,000 per accident for bodily injury and property damage. c) Workers’ Compensation insurance as required by the State of California and Employers’ Liability insurance, each in the amount of $1,000,000 per accident for bodily injury or disease. 2) INDUSTRY SPECIFIC COVERAGES
If checked below, the following insurance is also required.

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

Pollution Liability Insurance in the minimum amount of $1,000,000 per occurrence Garage Keepers Insurance in the minimum amount of $1,000,000 per occurrence Fidelity / Crime / Dishonesty Bond in the minimum amount of $____________ MCS-90 Endorsement to Business Automobile insurance for transportation of hazardous materials and pollutants
Builder’s Risk / Course of Construction Insurance in the minimum amount of $__________.

3) INSURANCE PROVISIONS
a) DEDUCTIBLES AND SELF-INSURED RETENTIONS. Any deductibles or self-insured retentions must be declared to and approved by the CITY. At the option of the CITY, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the CITY, its officers, officials, employees and volunteers; or the CONSULTANT shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses.

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b) The general and automobile liability policies (and if applicable, pollution liability, garage keepers liability and builder’s risk policies) are to contain, or be endorsed to contain, the following provisions:
i) The CITY, its officers, officials, employees and volunteers are to be covered as insureds as respects: liability arising out of work or operations performed by or on behalf of the CONSULTANT; products and completed operations of the CONSULTANT; premises owned, occupied or used by the CONSULTANT; and automobiles owned, leased, hired or borrowed by the CONSULTANT. The coverage shall contain no special limitations on the scope of protection afforded to the CITY, its officers, officials, employees or volunteers. ii) For any claims related to this project, the CONSULTANT’S insurance coverage shall be primary insurance as respects the CITY, its officers, officials, employees and volunteers. Any insurance or self-insured maintained by the CITY, its officers, officials, employees or volunteers shall be in excess of the CONSULTANT’S insurance and shall not contribute with it. iii) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the CITY, its officers, officials, employees or volunteers.
iv) The CONSULTANT’S insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability. v) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days’ prior written notice by certified mail, return receipt requested, has been given to the CITY.
vi) The policy limits of coverage shall be made available to the full limits of the policy. The minimum limits stated above shall not serve to reduce the CONSULTANT’S policy limits of coverage.

Therefore, the requirements for coverage and limits shall be (1) the minimum coverage and limits specified in this Agreement, or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named insured, whichever is greater. c) ACCEPTABILITY OF INSURER. Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the CITY.

VERIFICATION OF COVERAGE. CONSULTANT shall furnish the CITY with original endorsements effecting coverage required by this Exhibit D. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf; on forms equivalent to CG 20 10 11 85, subject to CITY approval; and submitted electronically through the Exigis insurance system to: [email protected].

All insurance certificates and endorsements are to be received and approved by the CITY before work commences. At the request of the CITY, CONSULTANT shall provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications. d) SUB-CONTRACTORS. CONSULTANT shall require all subcontractors to procure and maintain insurance policies subject to the requirements of Exhibit D. Failure of CONSULTANT to verify existence of sub- contractor’s insurance shall not relieve CONSULTANT from any claim arising from sub-contractors work on behalf of CONSULTANT.

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EXHIBIT “E”

ADDENDUM A CLAIMS ADMINISTRATION STANDARDS ADOPTED BY PUBLIC RISK INNOVATION, SOLUTIONS, AND MANAGEMENT (“PRISM”)

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Agenda Item No: 6.

AGENDA REPORT
DATE:August 20, 2024
TO:Mayor and City Council
FROM:David Gassaway, City Manager
SUBJECT:Resolution 2024197 of the City Council of the City of Fairfield Authorizing the City Manager to Submit Invoices to the U.S. Department of Energy (DOE) Energy Efficiency and Conservation Block Grant (EECBG) Program and Receive Rebate Vouchers and Authorizing an Update to the Fiscal Year 20242025 Budget RECOMMENDED ACTION
Adopt resolution.

STATEMENT OF ISSUE
The proposed resolution would authorize the city manager to submit equipment rebate vouchers for up to $152,032 with the U.S. Department of Energy (DOE) to fund electrical charging infrastructure for the municipal and Police Department fleets in various locations of the City of Fairfield.

DISCUSSION
The DOE Energy Efficiency and Conservation Block Grant (EECBG) Equipment Rebate Voucher Program is designed to assist states, local governments, and tribes in implementing strategies to reduce fossil fuel emissions and to improve energy efficiency.

The City is in the process of transitioning its transit and municipal fleet to batteryelectric vehicles (EVs).

The City is implementing a pilot program with four different brands of electric chargers to determine the best value moving forward.

Staff applied for an EECBG Equipment Rebate Voucher Program, and the City has been approved for up to $152,032 in reimbursements for EV charging infrastructure.

The EECBG rebate vouchers will not only provide much needed financial assistance to the municipal fleet, but also help the City in compliance of the California Air Resources Board (CARB) zeroemission vehicle regulations. The voucher funds will be used to reimburse the City for seven Charge Point Level 2 chargers and one BEAM EV ARC charging system with solar power and battery backup will be used for the Police Department pilot EV program.

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Agenda Item No: 6.AGENDA REPORTDATE:August 20, 2024 TO:Mayor and City CouncilFROM:David Gassaway, City ManagerSUBJECT:Resolution 2024197 of the City Council of the City of Fairfield Authorizing the CityManager to Submit Invoices to the U.S. Department of Energy (DOE) Energy Efficiencyand Conservation Block Grant (EECBG) Program and Receive Rebate Vouchers andAuthorizing an Update to the Fiscal Year 20242025 BudgetRECOMMENDED ACTIONAdopt resolution.STATEMENT OF ISSUEThe proposed resolution would authorize the city manager to submit equipment rebate vouchers for upto $152,032 with the U.S. Department of Energy (DOE) to fund electrical charging infrastructure for themunicipal and Police Department fleets in various locations of the City of Fairfield.DISCUSSIONThe DOE Energy Efficiency and Conservation Block Grant (EECBG) Equipment Rebate VoucherProgram is designed to assist states, local governments, and tribes in implementing strategies toreduce fossil fuel emissions and to improve energy efficiency. The City is in the process of transitioning its transit and municipal fleet to batteryelectric vehicles (EVs).The City is implementing a pilot program with four different brands of electric chargers to determine thebest value moving forward.Staff applied for an EECBG Equipment Rebate Voucher Program, and the City has been approved forup to $152,032 in reimbursements for EV charging infrastructure. The EECBG rebate vouchers will not only provide much needed financial assistance to the municipalfleet, but also help the City in compliance of the California Air Resources Board (CARB) zeroemissionvehicle regulations. The voucher funds will be used to reimburse the City for seven Charge Point Level 2chargers and one BEAM EV ARC charging system with solar power and battery backup will be used for the Police Department pilot EV program.

FINANCIAL IMPACT
The City will receive up to $152,032 from the U.S. DOE EECBG program for electrical charging infrastructure. This program requires no local match, although the City will need to purchase upfront and submit invoices for reimbursement. The purchase will require a budget adjustment to the fiscal year (FY) 20242025 Special Programs Fund (Organization Code 15560199, Project 10607). Any unreimbursed funds will be taken out from the Public Works Infrastructure Fund (Fund 285).

PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
N/A
ALTERNATIVE ACTION
The council may reject these acquisitions; however, this is not recommended because of the need to provide safe, serviceable, and costeffective fleet vehicles that will meet CARB regulations.

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

Description
Proposed Resolution
REVIEWERS:

Reviewer Action Date
Chaudhary, Savita Approved 8/5/2024 9:20 PM
Beavers, Esther Approved 8/6/2024 10:44 AM
Beavers, Esther Approved 8/6/2024 10:45 AM
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CITY OF FAIRFIELD

RESOLUTION NO. 2024-197

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAIRFIELD AUTHORIZING THE CITY MANAGER TO SUBMIT INVOICES TO THE U.S. DEPARTMENT OF ENERGY (DOE) ENERGY

EFFICIENCY AND CONSERVATION BLOCK GRANT (EECBG) PROGRAM AND RECEIVE REBATE VOUCHERS AND AUTHORIZING AN UPDATE TO THE FISCAL YEAR 2024-2025 BUDGET

WHEREAS, the U.S. Department of Energy (DOE) Energy Efficiency and Conservation Block Grant (EECBG) Equipment Rebate Voucher Program is designed to assist states, local governments, and tribes in implementing strategies to reduce fossil fuel emissions and to improve energy efficiency; and

WHEREAS, the City has been approved for rebate vouchers up to $152,032 by the EECBG Rebate Voucher Program; and

WHEREAS, the City desires to purchase electric vehicle charging infrastructure and start a pilot program for the Police Department; and

WHEREAS, funding was not allocated in the City’s approved fiscal year (FY) 2024-2025 budget, thus requiring an adjustment of $152,032 to cover the upfront purchase of the Charge Point Level 2 charges and Beam EV ARC charging system; and

WHEREAS, the EECBG rebate vouchers will reimburse the City for purchases up to $152,032 and any remaining unreimbursed costs will come from the Public Works Infrastructure Fund; and

WHEREAS, the revised appropriation constitutes an update to the FY 2024-2025 budget approved pursuant to Resolution No. 2024-133.

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

Section 1. The city manager or designee is hereby authorized on behalf of the City of Fairfield to submit invoices to the EECBG reimbursement voucher program and receive rebate vouchers.

Section 2. The City hereby agrees to implement the program in accordance with the terms and conditions of the Federal Assistance Reporting Checklist.

Section 3. The council hereby approves a budget transfer of $152,032 to the Special Programs Fund.

Section 4. The council hereby authorizes the use of the Public Works Infrastructure Fund to cover any unreimbursed costs.

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RES. NO. 2024-197

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PASSED AND ADOPTED this 20th day of August 2024, 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 68 of 634Attachment 1 Page 2 of 2

Agenda Item No: 7.

AGENDA REPORT
DATE:August 20, 2024
TO:Mayor and City Council
FROM:David Gassaway, City Manager
SUBJECT:Resolution 2024198 of the City Council of the City of Fairfield Authorizing an Update to the Fiscal Year 20242025 Budget and Updating the 5Year Capital Improvement Plan to Include the Community Development Block Grant (CDBG) Lee Bell Neighborhood Park Restroom and Americans with Disabilities Act (ADA) Curb Ramp Replacement Projects
RECOMMENDED ACTION
Adopt resolution.

STATEMENT OF ISSUE
The Public Works Department will receive a total of $300,000 from the Community Development Block Grant (CDBG). CDBG funds are being designated for the design of two Capital Improvement Projects, the Lee Bell Neighborhood Park Restroom and ADA Curb Ramp Replacement (Projects), for $150,000 each.

DISCUSSION
For the CDBG 20242025 fiscal year (FY), the Public Works Department applied to receive funding for the Projects. Staff applied for design and construction funding over multiple fiscal years for a prefabricated restroom at Lee Bell Neighborhood Park and for the ADA curb ramp replacement for the area bounded by Tabor Avenue, North Texas Street, Travis Boulevard and Union Avenue.

The FY 20242025 CDBG Action Plan (Action Plan) was approved by Resolution 2024177, by which the CDBG Advisory Committee recommended awarding $150,000 for the design of each project for a total of $300,000 under the Nonpublic Service Goals and Strategies section of the Action Plan.

The construction funding for the Projects was not addressed in the Action Plan due to it occurring over multiple years and not within FY 20242025. Staff will revisit CDBG funding for construction during subsequent application cycles to request an additional $605,000 for the Lee Bell Neighborhood Park Restroom Project and $437,000 for the ADA Curb Ramp Replacement Project.

FINANCIAL IMPACT
Packet Page 69 of 634

Agenda Item No: 7.AGENDA REPORTDATE:August 20, 2024 TO:Mayor and City CouncilFROM:David Gassaway, City ManagerSUBJECT:Resolution 2024198 of the City Council of the City of Fairfield Authorizing an Update tothe Fiscal Year 20242025 Budget and Updating the 5Year Capital Improvement Planto Include the Community Development Block Grant (CDBG) Lee Bell NeighborhoodPark Restroom and Americans with Disabilities Act (ADA) Curb Ramp ReplacementProjectsRECOMMENDED ACTIONAdopt resolution.STATEMENT OF ISSUEThe Public Works Department will receive a total of $300,000 from the Community Development BlockGrant (CDBG). CDBG funds are being designated for the design of two Capital Improvement Projects,the Lee Bell Neighborhood Park Restroom and ADA Curb Ramp Replacement (Projects), for $150,000each. DISCUSSIONFor the CDBG 20242025 fiscal year (FY), the Public Works Department applied to receive funding forthe Projects. Staff applied for design and construction funding over multiple fiscal years for aprefabricated restroom at Lee Bell Neighborhood Park and for the ADA curb ramp replacement for thearea bounded by Tabor Avenue, North Texas Street, Travis Boulevard and Union Avenue. The FY 20242025 CDBG Action Plan (Action Plan) was approved by Resolution 2024177, by whichthe CDBG Advisory Committee recommended awarding $150,000 for the design of each project for atotal of $300,000 under the Nonpublic Service Goals and Strategies section of the Action Plan.The construction funding for the Projects was not addressed in the Action Plan due to it occurring overmultiple years and not within FY 20242025. Staff will revisit CDBG funding for construction duringsubsequent application cycles to request an additional $605,000 for the Lee Bell Neighborhood ParkRestroom Project and $437,000 for the ADA Curb Ramp Replacement Project.

FINANCIAL IMPACT
The City is receiving a total of $300,000 from CDBG for design services for the projects. The ADA Curb Ramp Replacement project was not included in the FY 2025 Capital Budget, and the Lee Bell Neighborhood Park Bathroom was not planned to begin until FY 2026. These two updates require a budget adjustment of $300,000 ($150,000 each) to include them in the FY 2025 Capital Budget and allocate the CDBG funding to each project. CDBG funding does not have local match requirements.

PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
N/A
ALTERNATIVE ACTION
If the City Council has any questions, this request may be delayed so that staff can provide necessary background information. However, delay of execution may negatively impact grant deadlines and construction timelines.

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

Description
Proposed Resolution
REVIEWERS:

Reviewer Action Date
Panganiban, Ryan Approved 8/5/2024 8:39 PM
Chaudhary, Savita Approved 8/5/2024 9:19 PM
Beavers, Esther Approved 8/6/2024 10:42 AM
Beavers, Esther Approved 8/6/2024 10:43 AM
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CITY OF FAIRFIELD

RESOLUTION NO. 2024-198

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAIRFIELD AUTHORIZING AN UPDATE TO THE FISCAL YEAR 2024-2025 BUDGET AND UPDATING THE 5-YEAR CAPITAL IMPROVEMENT

PLAN TO INCLUDE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) LEE BELL

NEIGHBORHOOD PARK RESTROOM AND AMERICANS WITH DISABILITIES ACT (ADA) CURB

RAMP REPLACEMENT PROJECTS

WHEREAS, the City of Fairfield’s Public Works Department was awarded a total of $300,000 in Community Development Block Grant (CDBG) entitlement funds for the Lee Bell Neighborhood Park Restroom and ADA Curb Ramp Replacement Projects (Projects) per Resolution No. 2024- 177; and

WHEREAS, funding was not allocated for these Projects in the City’s approved fiscal year (FY) 2024-2025 Budget, thus requiring a budget adjustment of $300,000 ($150,000 for each project) to cover the design costs; and

WHEREAS, the revised appropriation constitutes an update to the FY 2024-2025 Budget approved pursuant to Resolution No. 2023-149.

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

Section 1. The council hereby approves acceptance of $300,000 in CDBG entitlement funds for $150,000 for Lee Bell Neighborhood Park Restroom Project in the Parks Capital Projects Fund (Fund 251, Project CPW050118) and $150,000 for ADA Curb Ramp Replacement Project in the Streets Capital Projects Fund (Fund 252, Project CPW070128) for the FY 2025 Capital Budget.

Section 2. The council hereby approves a budget amendment of $150,000 to increase appropriations in the Parks Capital Projects Fund (Fund 251, CPW050118) and $150,000 in the Streets Capital Projects Fund (Fund 252, CPW070128).

Section 3. The city manager or designee is hereby authorized to do all things necessary to implement this resolution.

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RES. NO. 2024-198

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PASSED AND ADOPTED this 20th day of August 2024, 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:August 20, 2024
TO:Mayor and City Council
FROM:David Gassaway, City Manager
SUBJECT:Resolution 2024199 of the City Council of the City of Fairfield Accepting the Community Development Block Grant (CDBG) Lee Bell Park and Sidewalk Gap Closure Project as Complete
RECOMMENDED ACTION
Adopt resolution.

STATEMENT OF ISSUE
The adoption of the resolution accepts the Community Development Block Grant (CDBG) Lee Bell Park and Sidewalk Gap Closure Project (Project) as complete.

DISCUSSION
On February 20, 2024, the City adopted Resolution 202425, approving a contract with Globe Engineering Development (GED) to construct a concrete pathway at Lee Bell Park that provides circulation throughout the park. GED’s contract also included installation of concrete sidewalks, Americans with Disabilities Act (ADA) ramps, and ADA compliant driveway approaches within the neighborhood streets south of Texas Street and East Pennsylvania Ave.

The construction authorization for the Project was approved for $615,687. This amount included a total bid of $559,715 and a 10% contingency of $55,972. The final cost for the Project was $569,870, which is approximately 7.44% below the amount authorized for construction.

FINANCIAL IMPACT
Ongoing maintenance after the City’s acceptance of the Project as complete will be managed by the Public Works Department and funded by the General Fund (Fund 101).

PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
N/A
ALTERNATIVE ACTION
Packet Page 73 of 634

Agenda Item No: 8.AGENDA REPORTDATE:August 20, 2024 TO:Mayor and City CouncilFROM:David Gassaway, City ManagerSUBJECT:Resolution 2024199 of the City Council of the City of Fairfield Accepting theCommunity Development Block Grant (CDBG) Lee Bell Park and Sidewalk GapClosure Project as CompleteRECOMMENDED ACTIONAdopt resolution.STATEMENT OF ISSUEThe adoption of the resolution accepts the Community Development Block Grant (CDBG) Lee Bell Parkand Sidewalk Gap Closure Project (Project) as complete.DISCUSSIONOn February 20, 2024, the City adopted Resolution 202425, approving a contract with GlobeEngineering Development (GED) to construct a concrete pathway at Lee Bell Park that providescirculation throughout the park. GED’s contract also included installation of concrete sidewalks,Americans with Disabilities Act (ADA) ramps, and ADA compliant driveway approaches within theneighborhood streets south of Texas Street and East Pennsylvania Ave.The construction authorization for the Project was approved for $615,687. This amount included a totalbid of $559,715 and a 10% contingency of $55,972. The final cost for the Project was $569,870, whichis approximately 7.44% below the amount authorized for construction.FINANCIAL IMPACTOngoing maintenance after the City’s acceptance of the Project as complete will be managed by thePublic Works Department and funded by the General Fund (Fund 101).PUBLIC CONTACT/ADVISORY BODY RECOMMENDATIONN/A ALTERNATIVE ACTION
If the council has any questions, acceptance may be delayed so that staff may provide the necessary background information.

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

Description
Proposed Resolution
REVIEWERS:

Reviewer Action Date
Panganiban, Ryan Approved 8/5/2024 8:38 PM
Chaudhary, Savita Approved 8/5/2024 9:19 PM
Beavers, Esther Approved 8/6/2024 10:40 AM
Beavers, Esther Approved 8/6/2024 10:42 AM
Packet Page 74 of 634

CITY OF FAIRFIELD

RESOLUTION NO. 2024-199

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAIRFIELD ACCEPTING THE COMMUNITY

DEVELOPMENT BLOCK GRANT (CDBG) LEE BELL PARK AND SIDEWALK GAP CLOSURE PROJECT

AS COMPLETE

WHEREAS, the City Council approved a contract with Globe Engineering Development (GED) for the Community Development Block Grant (CDBG) Lee Bell Park and Sidewalk Gap Closure Project (Project) on February 20, 2024, by Resolution No. 2024-25; and

WHEREAS, GED has completed the Project in accordance with the contract approved by council.

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

Section 1. The City hereby accepts the Project as complete pursuant to the agreement between the City and GED approved by the council on February 20, 2024.

PASSED AND ADOPTED this 20th day of August 2024, by the following vote:

_________________________________________________
MAYOR
ATTEST:
___________________________

CITY CLERK

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Agenda Item No: 9.

AGENDA REPORT
DATE:August 20, 2024
TO:Mayor and City Council
FROM:David Gassaway, City Manager
SUBJECT:Resolution 2024200 of the City Council of the City of Fairfield Rejecting the Sole Bid for the Cement Hill Water Treatment Plant New Entryway RECOMMENDED ACTION
Adopt resolution.

STATEMENT OF ISSUE
The bid opening for the Cement Hill Water Treatment Plant New Entryway (Project) was held on July 23, 2024. The sole bid for the Project exceeds the engineer’s estimate by approximately 600%. The proposed resolution rejects the bid for the Project and allows staff to readvertise the bid at a later date.

DISCUSSION
The Project includes the construction of a new entrance to the Solano Irrigation District Cement Hill Water Treatment Plant (Plant), which is located near the under construction widening of Manuel Campos Parkway. The ultimate configuration of Manuel Campos Parkway includes a raised concrete landscape median that restricts eastbound left turns into the Plant. The City of Fairfield is required to complete access improvements to the Plant prior to continuing roadway improvements on Manuel Campos Parkway.

On July 23, 2024, Saboo, Inc. (Saboo) of Brentwood, CA submitted the sole bid in the amount of $7,674,990, which is significantly higher than the funds budgeted for the Project. The engineer’s estimate for the Project is $1,261,000 and the sole bid exceeds this by 600%.

Staff contacted prospective bidders to understand why no other bids were submitted. They stated that it was difficult to find available electrical subcontractors, and that they were overwhelmed with projects.

Prospective bidders also stated that they would submit bids for the Project if the Project were to be advertised later in the year where construction would begin in spring 2025.

Staff recommends that City Council rejects the sole bid because the bid exceeds the Project budget.

Rejection of the bid will give staff the ability to reevaluate, repackage, and readvertise the Project, which may result in additional competitive bids.

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Agenda Item No: 9.AGENDA REPORTDATE:August 20, 2024 TO:Mayor and City CouncilFROM:David Gassaway, City ManagerSUBJECT:Resolution 2024200 of the City Council of the City of Fairfield Rejecting the Sole Bidfor the Cement Hill Water Treatment Plant New EntrywayRECOMMENDED ACTIONAdopt resolution.STATEMENT OF ISSUEThe bid opening for the Cement Hill Water Treatment Plant New Entryway (Project) was held on July23, 2024. The sole bid for the Project exceeds the engineer’s estimate by approximately 600%. Theproposed resolution rejects the bid for the Project and allows staff to readvertise the bid at a later date.DISCUSSIONThe Project includes the construction of a new entrance to the Solano Irrigation District Cement HillWater Treatment Plant (Plant), which is located near the under construction widening of ManuelCampos Parkway. The ultimate configuration of Manuel Campos Parkway includes a raised concretelandscape median that restricts eastbound left turns into the Plant. The City of Fairfield is required tocomplete access improvements to the Plant prior to continuing roadway improvements on ManuelCampos Parkway. On July 23, 2024, Saboo, Inc. (Saboo) of Brentwood, CA submitted the sole bid in the amount of$7,674,990, which is significantly higher than the funds budgeted for the Project. The engineer’sestimate for the Project is $1,261,000 and the sole bid exceeds this by 600%. Staff contacted prospective bidders to understand why no other bids were submitted. They stated that itwas difficult to find available electrical subcontractors, and that they were overwhelmed with projects.Prospective bidders also stated that they would submit bids for the Project if the Project were to beadvertised later in the year where construction would begin in spring 2025. Staff recommends that City Council rejects the sole bid because the bid exceeds the Project budget.

Rejection of the bid will give staff the ability to reevaluate, repackage, and readvertise the Project, which may result in additional competitive bids.

FINANCIAL IMPACT
N/A
PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
A notice inviting bids for this project was advertised twice in the Daily Republic newspaper on July 3, 2024, and July 10, 2024. In addition, the Plans and Specifications were hosted through BPX Printing & Graphics online Planroom. The initial advertisement emailed a notice of the Project and complete bid package to a total of 17 builder’s exchanges in the State of California covering the area from Redding to San Jose and Stockton to Santa Rosa.

ALTERNATIVE ACTION
If the council has any questions, this request may be delayed so that staff can provide the necessary information.

STAFF CONTACT
Bryan Heinzelman, Associate Civil Engineer
(707) 4287034
[email protected]
COORDINATED WITH
Finance Department
ATTACHMENTS:

Description
Proposed Resolution
Bid Results
REVIEWERS:

Reviewer Action Date
Panganiban, Ryan Approved 8/6/2024 7:23 PM
Chaudhary, Savita Approved 8/6/2024 7:28 PM
Beavers, Esther Approved 8/6/2024 8:30 PM
Beavers, Esther Approved 8/7/2024 10:52 AM
Packet Page 77 of 634

CITY OF FAIRFIELD

RESOLUTION NO. 2024-200

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAIRFIELD REJECTING THE SOLE BID FOR

THE CEMENT HILL WATER TREATMENT PLANT - NEW ENTRYWAY

WHEREAS, the bid opening for the Cement Hill Water Treatment Plant - New Entryway (Project) took place on July 23, 2024; and

WHEREAS, one bid was submitted for the Project; and

WHEREAS, the bid was higher than the funds identified in the approved fiscal year 202 4-2025 budget.

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

Section 1. The sole bid submitted to the City of Fairfield for the Cement Hill Water Treatment Plant New Entryway is hereby rejected. Staff will reevaluate, repackage, and readvertise the Project.

PASSED AND ADOPTED this 20th day of August 2024, 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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City of Fairfield
Public Works Department

Cement Hill Water Treatment Plant – New Entryway

NAME OF PROJECT
July 23, 2024, 2:00 p.m.

DATE OF BID

NO. BIDDER AMOUNT
1 Saboo, Inc Brentwood, CA $6,674,990.00 (Base Bid)
$1,000.000.00 (Bid Alternate)

Engineer’s Estimate $1,280,000.00
Note: This bid summary shows the bids in order as opened but is not a determination of award, responsiveness, or responsibility of bids received. The values computed are values based on staff’s interpretation of the bids, correction of mathematical errors and assumptions made where ambiguous and/or illegible entries are encountered during the review process.

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Agenda Item No: 10.

AGENDA REPORT
DATE:August 20, 2024
TO:Mayor and City Council
FROM:David Gassaway, City Manager
SUBJECT:Resolution 2024201 of the City Council of the City of Fairfield Approving a Contractor Services Agreement with Cagwin & Dorward, LLC for Landscape Maintenance Services at Gary Falati Park and Dunnell Nature Park
RECOMMENDED ACTION
Adopt resolution.

STATEMENT OF ISSUE
Approval of the attached resolution will authorize the city manager to execute a contractor services agreement with Cagwin & Dorward, LLC (Cagwin and Dorward) in the amount of $72,832 for landscape maintenance services at Gary Falati Park and Dunnell Nature Park.

DISCUSSION
The previous agreement with Dominguez Landscaping Services (Dominguez) for landscape maintenance services at Gary Falati Park and Dunnell Nature Park expired in December 2023, after Dominguez unexpectedly moved their operations out of Solano County. Since then, maintenance has been provided by Cagwin & Dorward on a monthtomonth basis under a service contract while the Public Works Operations Division solicited bids and negotiated contracts.

Pursuant to Chapter 28.31 of the Fairfield Municipal Code, contracts for landscape maintenance services may be let on the basis of demonstrated competence and professional qualifications. For nearly 70 years, Cagwin & Dorward has been a wellestablished landscape service provider in Northern California, offering fullservice solutions and specializing in installing landscapes for highend residential and commercial properties throughout Northern California.

The approval of the attached resolution will authorize the city manager to execute a contractor services agreement with Cagwin & Dorward in the amount of $72,832 for landscape maintenance services at Gary Falati Park and Dunnell Nature Park. The initial 16month term agreement will be from September 1, 2024, through December 31, 2025, with an option to extend for up to two additional terms of up to 24 months each term.

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Agenda Item No: 10.AGENDA REPORTDATE:August 20, 2024 TO:Mayor and City CouncilFROM:David Gassaway, City ManagerSUBJECT:Resolution 2024201 of the City Council of the City of Fairfield Approving a ContractorServices Agreement with Cagwin & Dorward, LLC for Landscape MaintenanceServices at Gary Falati Park and Dunnell Nature ParkRECOMMENDED ACTIONAdopt resolution.STATEMENT OF ISSUEApproval of the attached resolution will authorize the city manager to execute a contractor servicesagreement with Cagwin & Dorward, LLC (Cagwin and Dorward) in the amount of $72,832 forlandscape maintenance services at Gary Falati Park and Dunnell Nature Park.DISCUSSIONThe previous agreement with Dominguez Landscaping Services (Dominguez) for landscapemaintenance services at Gary Falati Park and Dunnell Nature Park expired in December 2023, afterDominguez unexpectedly moved their operations out of Solano County. Since then, maintenance hasbeen provided by Cagwin & Dorward on a monthtomonth basis under a service contract while thePublic Works Operations Division solicited bids and negotiated contracts. Pursuant to Chapter 28.31 of the Fairfield Municipal Code, contracts for landscape maintenanceservices may be let on the basis of demonstrated competence and professional qualifications. Fornearly 70 years, Cagwin & Dorward has been a wellestablished landscape service provider inNorthern California, offering fullservice solutions and specializing in installing landscapes for highendresidential and commercial properties throughout Northern California.The approval of the attached resolution will authorize the city manager to execute a contractor servicesagreement with Cagwin & Dorward in the amount of $72,832 for landscape maintenance services atGary Falati Park and Dunnell Nature Park. The initial 16month term agreement will be from September1, 2024, through December 31, 2025, with an option to extend for up to two additional terms of up to 24 months each term.

FINANCIAL IMPACT
Total authorization for the Gary Falati Park and Dunnell Nature Park service agreement is $72,832 ($54,736 for Gary Falati Park and $18,096 for Dunnell Nature Park) for an initial 16month term from September 1, 2024, through December 31, 2025, which will be paid from the General Fund (Organization Code 10160306).

PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
N/A
ALTERNATIVE ACTION
The council may choose not to approve the attached resolution, and Cagwin & Dorward may agree to provide landscape maintenance services under an existing open service contract on a monthtomonth basis.

STAFF CONTACT
Valerie Standfill, Management Analyst
(707) 4287055
[email protected]
COORDINATED WITH
N/A
ATTACHMENTS:

Description
Proposed Resolution
Proposed Agreement
REVIEWERS:

Reviewer Action Date
Chaudhary, Savita Approved 8/6/2024 7:20 PM
Beavers, Esther Approved 8/6/2024 8:21 PM
Beavers, Esther Approved 8/6/2024 8:23 PM
Packet Page 81 of 634

CITY OF FAIRFIELD

RESOLUTION NO. 2024-201

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

CONTRACTOR SERVICES AGREEMENT WITH CAGWIN & DORWARD, LLC FOR LANDSCAPE

MAINTENANCE SERVICES AT GARY FALATI PARK AND DUNNELL NATURE PARK

WHEREAS, landscaping services at Gary Falati Park and Dunnell Nature Park are funded by the General Fund; and

WHEREAS, pursuant to Chapter 28.31 of the Fairfield Municipal Code, contracts for landscape maintenance services may be let on the basis of demonstrated competence and professional qualifications; and

WHEREAS, the City wishes to enter into a new contractor services agreement with Cagwin & Dorward, LLC for landscape maintenance services at Gary Falati Park and Dunnell Nature Park.

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

Section 2. The city manager or designee is hereby authorized to extend the Agreement for up to two additional terms of up to 24 months each term including a negotiated scope of work and compensation adjustment not-to-exceed the June San Francisco-Oakland-Hayward Consumer Price Index for Urban Wage Earners and Clerical Workers (not seasonally adjusted for all items) upon mutual written agreement of both parties.

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RES. NO. 2024-201

Page 2 ends

PASSED AND ADOPTED this 20th day of August 2024, by the following vote:

______________________________________________________
MAYOR
ATTEST:
___________________________

CITY CLERK

Packet Page 83 of 634Attachment 1 Page 2 of 2

Docusign Envelope ID: 9BF5D303-36E5-4579-A4 D7-45C224825100

CONTRACTOR SERVICES AGREEMENT

LANDSCAPE MAINTENANCE SERVICES FOR GARY FALATI PARK AND DUNNELL NATURE PARK THIS AGREEMENT is made at Fairfield, California, as of ~ 2024, by and between the City of Fairfield, a municipal corporation (11 CITY"} and Cagwin & Dorward, LLC ("CONTRACTOR"}, who agree as follows:
1) SERVICES. Subject to the terms and conditions set forth in this Agreement, CONTRACTOR shall provide to the CITY the services described in Exhibit 11A11 • CONTRACTOR shall provide
said services at the time, place, and in the manner specified in Exhibit 11A 11 •
2) PAYMENT. CITY shall pay CONTRACTOR for services rendered pursuant to this Agreement at the times and in the manner set forth in Exhibit 118.11 The payments specified in Exhibit 11811 shall be the only payments to be made to CONTRACTOR for services rendered pursuant to this Agreement. CONTRACTOR shall submit all billings for said services to the CITY in the manner specified in Exhibit "B.11 CONTRACTOR's proposal is incorporated for reference in Exhibit "B-1."
3) FACILITIES AND EQUIPMENT. CONTRACTOR shall, at its sole cost and expense, furnish all facilities and equipment which may be required for furnishing services pursuant to this Agreement.
4) GENERAL PROVISIONS. The general provisions set forth in the City of Fairfield Standard Specifications and Details, latest edition and Exhibit 11C11 are part of this Agreement. In the event of any inconsistency between said general provisions and any other terms or conditions of this Agreement, the provisions set forth in Exhibit "C" shall control. 5) INSURANCE REQUIREMENTS. The insurance requirements set forth in Exhibit "D" are part of this Agreement. In the event of any inconsistency between said general provisions and any other terms or conditions of this Agreement, the requirements set forth in Exhibit "D" shall control.
6} BUSINESS LICENSE. The CONTRACTOR shall obtain and keep current a business license for work within the City of Fairfield pursuant to Chapter 10B of the Fairfield City Code, with respect to the gross receipts received pursuant to this Agreement. No payments shall be made to any SERVICE PROVIDER until such business license has been obtained, and all fees paid therefore, by the CONTRACTOR. Business license applications and information may be obtained from the Community Development Department, Fairfield City Hall, 1000 Webster Street, Fairfield, CA 94533-4883, (707-428-7509} and online at www.fairfield.ca.gov/biz 7) EXHIBITS. All exhibits referred to herein are attached hereto and are by this reference incorporated herein.
8} TERM. This agreement shall be in effect from September 1, 2024, through December 31, Packet Page 84 of 634Attachment 2 Page 1 of 29

Docusign Envelope ID : 9BF5O303-36E5-4579-A4 O 7-45C224825100 2025. This Agreement may be extended for up to two (2) additional terms of up to twenty- four (24) months each term with negotiated terms and conditions including a negotiated compensation adjustment not to exceed the June San Francisco-Oakland-Hayward Consumer Price Index for Urban Wage Earners and Clerical Workers (not seasonally adjusted for all items) upon mutual written Agreement of both parties.
9) Where applicable, vehicles with a GVWR greater than 8,500 lbs. and light-duty package delivery vehicles operated in California may be subject to the California Air Resources Board Advanced Clean Fleets regulations. Such vehicles may therefore be subject to requirements to reduce emissions of air pollutants. For more information, please visit the CARB Advanced Clean Fleets webpage at https://ww2.arb.ca.gov/our-work/programs/advanced-clean- fleets
10) AMENDMENTS TO SCOPE OF WORK. Notwithstanding the above, at the approval of the Public Works Director or designee, CITY and CONTRACTOR may mutually agree in writing to modify the Scope of Work set forth in Exhibit "A" in order to address the changing landscaping service needs of CITY; however, such modification shall not increase the not-to-exceed amount of the AGREEMENT set forth in Exhibit "B."
EXECUTED as of the day first above-stated.

City of Fairfield, a municipal corporation
By:. _
David Gassaway, City Manager
Cagwin & Dorward, LLC
~Signed by:

BtJ~~o~!:s
Delanie Boss, Controller
2 Packet Page 85 of 634Attachment 2 Page 2 of 29

Docusign Envelope ID: 9BF5O303-36E5-4579-A4 O7-45C 224825100 EXHIBIT "A"

SCOPE OF SERVICE

LANDSCAPE MAINTENANCE TECHNICAL PROVISIONS

1. LOCATION OF SERVICES
Gary Falati Park 7 acres Located at the intersection of Falati Lane and Joseph Gervas Drive
Dunnell Nature Park 5.5 Located at the intersection of Hilborn Road and Hillridge acres Drive
The acreage shown above is an estimate. It is suggested that CONTRACTOR conduct an independent field survey.

2. DESCRIPTION OF SERVICES
A. LAWN CARE
CONTRACTOR shall maintain all lawn areas on the sites covered by this agreement in a healthy, growing condition by performing the following operations and other work incidental hereto:

I. Aeration
a. Lawn areas shall be aerated as needed due to compaction. (i) All sprinkler heads, quick couplers and other hard to see features within the lawn shall be flagged prior to aeration.
(ii) A coring tine aerator (plugger) shall be used.
(iii) Multiple passes shall be made with the aerating device to ensure that holes are no more than six (6) inches apart.
(iv) Tines shall penetrate at least 2 ½ inches deep. Plug removal is not necessary.

II. Mowing
a. CONTRACTOR shall maintain turf with a consistent green appearance and healthy growing condition free of weeds.
b. Lawns shall be mowed once every week or more often if necessary, unless otherwise specified, to maintain a neat, trim appearance. c. CONTRACTOR will remove all litter, branches and debris from each lawn area prior to mowing.
d. Turf height shall be maintained at 3-inches during the summer and 2 ½ inches 3 Packet Page 86 of 634Attachment 2 Page 3 of 29

Docusign Envelope ID: 9BF5D303-36E5-4579-A4 D7-45C224825100 during the winter.
e. Mowing directions shall be periodically alternated.
f. "Scalping" of turf will not be permitted.
g. Tufts of grass in corners or other areas that cannot be reached by a mower shall be mowed with a monofilament line trimmer.
h. CONTRACTOR may choose to use mulching blades on mowers; however, all excessive mowed clippings (as determined by the LMM) shall be removed from the job site on the same day.
i. Mowing schedules shall be coordinated with the CITY
j. Any damage to the turf caused by a mower shall be the responsibility of CONTRACTOR to make the repairs to the satisfaction of the LMM.

Ill. Edging
a. Lawn edging will be performed with every other mowing. b. Lawn edging against paved areas, around valve boxes and around other utility structures shall be kept neatly edged.
c. Edges against fences and walls shall be sprayed, maintaining a 4-inch vegetation-free band.
d. V-ditches bordering turf areas shall be edged.

IV. Blowing and Raking
a. All hardscapes surfaces shall be blown free of clippings after every mowing and edging.
b. Surfaces shall be blown free of leaf litter and other debris on an as-needed basis.
c. All planter beds shall be blown or raked clear of all leaf litter; leaf litter shall be removed from the site.
d. Vacuuming or sweeping may be employed instead of blowing.

V. Tree Wells
a. Tree wells in lawn areas shall be maintained reasonably free of turf and weeds at all times.

VI. Weed Control
a. Herbicide selection must be approved in advance by the LMM. b. Herbicide must be a broad-spectrum herbicide labeled for both broad leaf and grassy weeds.
c. CONTRACTOR any use a tank mix of two or more herbicides to achieve the desired spectrum of control.
d. CONTRACTOR will apply an approved herbicide two times as needed to control broad leaf and grassy weeds.

VII. Irrigation
a. Over-watering or under-watering, for whatever reason, must be corrected 4 Packet Page 87 of 634Attachment 2 Page 4 of 29

Docusign Envelope ID: 9BF5D303-36E5-4579-A4 D7-45C224825100 immediately upon notification.
b. Some landscape area irrigation systems operate under CITY's central irrigation (computerized) system; contact the LMM for programming requests in those areas.
c. Watering times shall begin after 9 pm and be completed before 6 am, wherever possible.
d. Irrigation controllers shall use repeat cycling where possible to allow water to soak in and prevent runoff or ponding.

VIII. Fertilization Applications
a. Turf will be fertilized one (1X) time per year. Fertilization schedule is subject to change due to weather conditions. Schedule shall be coordinated with the LMM.

B. T RE E CA RE
CONTRACTOR shall be responsible for all tree maintenance up to twelve (12) feet.

I. Pruning
a. Trees shall be pruned as needed for clearance.
b. CONTRACTOR shall ensure that only professionally qualified personnel using approved methods and techniques perform pruning.
c. International Society of Arboriculture (ISA) pruning standards shall be used. d. Excessive pruning or stubbing back shall not be permitted. e. All pruning cuts shall maintain the branch bark ridge and shall be cleanly cut with no tearing of the bark. No flush cuts shall be permitted. f. Lower branches overhanging walkways or paths shall be raised to a height of seven (7) feet or as directed by the LMM.
g. Lower branches overhanging streets or driveways shall be raised to a height of twelve (12) feet or as directed by the LMM.
h. Suckers, water sprouts and other undesirable growth shall be removed.

C . SH R U B A N D G RO U N D CO V ER CA R E
I. Shrub Pruning
a. Shrubs shall be pruned as needed to give a neat, trim appearance.

CONTRACTOR may be required to prune more frequently if shrub growth encroaches on walkways, streets or signs or encumbers visibility. b. Shrubs, when sheared, shall be tapered back to form a natural appearance; vertical edges shall not be allowed.
c. Shrubs and ground cover will be pruned to prevent encroachment on walkways, paths, curbs, paved areas and fence lines. Shrubs and ground cover shall be maintained inside the edges of curbs or planter bed borders. d. Shrubs and ground cover shall be pruned to remove all dead or damaged growth.
5 Packet Page 88 of 634Attachment 2 Page 5 of 29

Docusign Envelope ID: 9BF5D303-36E5-4579-A4D7-45C224825100 II. Shrub Replacement
a. Remove and replace if from CONTRACTOR negligence.

Ill. Ground Cover Pruning
a. Ground Cover shall be edged to control growth. The CONTRACTOR may be required to prune more frequently if ground cover growth encroaches on walkways or streets.
b. Ground cover, such as ivy will not be allowed to grow/spread onto trees, walls, fences, buildings and other amenities.

IV. Fertilization of Shrub Beds and Ground Cover Areas
a. Fertilization schedule is subject to change due to weather. Schedule changes shall be coordinated with the LMM.

V. Weed Control in Shrub Beds and Ground Cover Areas
a. Planter beds and ground cover areas shall be kept reasonably free of weeds. b. CONTRACTOR must provide prior notification of planned pesticide applications in order to receive credit for the work.

D . IR R IG A T IO N SYST EM
I. General
a. Throughout the term of this agreement CONTRACTOR shall provide labor, equipment and materials for the repair or replacement of irrigation system components from "tee" in laterals to irrigation heads/emitters. See Irrigation Start Up Addendum A.
b. Before beginning these maintenance program operations under the provisions of this agreement, CONTRACTOR shall inspect all installed irrigation systems on the site(s) covered by this agreement and shall report damage or malfunction of any system to the LMM.
c. It is CITY's objective to actively pursue water conservation within the maintenance program. CONTRACTOR should expect the administration of the irrigation specifications to be closely monitored. The irrigation system shall be adjusted as necessary to prevent overspray onto paved areas and runoff down the gutters. Multiple repeat cycles shall be utilized as needed to provide best irrigation efficiency.

II. Irrigation Scheduling and Adjustments
a. Programming of controllers shall be performed by CONTRACTOR to maintain healthy growing plant material. Each month CONTRACTOR will provide the LMM with a complete written schedule of watering for all controllers. b. CITY prefers watering time to be between 9:00 PM and 6:00 a.m., whenever possible. Saturdays, Sundays, afternoons and early evening are the high public use times. Watering will typically not be allowed Fridays at 7:00 a.m. 6 Packet Page 89 of 634Attachment 2 Page 6 of 29

Docusign Envelope ID: 9BF5D303-36E5-4579-A4O7-45C224825100 though Sundays at 9:00 p.m. There may be exceptions that occur from changing weather conditions or to accommodate a special event schedule.

Irrigation schedules shall be coordinated with the LMM. c. Drip irrigation systems may be operated during the day. d. All sprinklers shall be adjusted properly to avoid spraying water on parked cars, roadways, walkways, buildings, signs, fences and other property that may be damaged by water.
e. CONTRACTOR will perform a complete system check of all controllers and valves, including coverage testing and sprinkler adjustments no later than April 15th. This date may be delayed by the LMM due to weather.

Ill. Water Requirements
a. CONTRACTOR shall ensure that sprinkler heads are in good operational order, filters are cleaned regularly and nozzles are replaced when worn or inadequate coverage occurs. Any minor changes such as riser extensions (vertically or horizontally) and sprinkler head exchanges will be considered as included in the contract price and therefore no additional compensation will be allowed.

E. FERTILIZER STANDARDS
I. General
a. CITY staff will be the final authority for type and quantity of fertilizer to be applied.
b. A balanced slow-release fertilizer with micro-nutrients will be the minimum requirement.
c. CONTRACTOR must provide prior notification of planned fertilizer applications in order to receive credit for the application.

F. PEST MANAGEMENT-All Locations
I. Laws and Regulations
a. CONTRACTOR shall comply with all Federal, State and local laws and regulations governing the use of chemicals for the control of weeds, diseases and pests, including obtaining all the required permits and licenses for the possession and use of pesticides.
b. CONTRACTOR shall register with the Solano County Department of Agriculture and shall obtain a Solano County Operator Identification Number for each year of the contract. CONTRACTOR will furnish the LMM with a copy of each year's Solano County registration documents with the Operator Identification Number.
c. Written recommendations from a licensed Pest Control Advisor will be required for all pesticide applications. A copy of these recommendations shall be made available to the LMM for approval prior to any work. 7 Packet Page 90 of 634Attachment 2 Page 7 of 29

Docusign Envelope ID: 9BF 5O303-36E5-4579-A4O7-45C224825100 d. CONTRACTOR shall permit pesticide applications to be done only by qualified, trained personnel under the supervision of a State licensed pest control operator or certified applicator using recognized and approved materials and methods.
e. Employee pesticide training shall comply with the training regulations established by the California Department of Pesticide Regulation. f. Use of aquatic pesticides, where applicable, shall comply with NPDES and California Department of Fish and Game regulations and must be approved in advance by the LMM.

II. General
a. All pesticides must be approved in advance by the LMM. b. CONTRACTOR will notify the LMM prior to all scheduled pesticide applications and will not receive credit for required applications if such notification has not been provided.
c. Pesticide applications which fail to produce the desired results will be repeated at the CONTRACTOR's own expense.

Ill. Integrated Pest Management
a. CONTRACTOR shall be provided with a copy of the City of Fairfield Integrated Pest Management (1PM) Policy and shall adhere to the practices contained within the Policy.
b. Extremely toxic materials, such as Category I pesticides shall not be used.

G . G ENERA L M AINTENAN CE AN D CLEANUP
I. General
a. CONTRACTOR shall collect all mowed grass, clippings, trimmings, cuttings, rubbish and debris at each site covered by this agreement and shall remove the same promptly from each site and dispose of same in a lawful manner at CONTRACTOR's expense.
b. All areas shall be kept free of leaves, pine needles, litter, including broken glass or other such debris. All broken glass shall be immediately removed when discovered.
c. CONTRACTOR shall keep all cracks and seams in sidewalks, curbs, street gutters and other paved areas free of weeds.
d. CONTRACTOR shall keep sidewalks and paved areas swept and cleaned of any dirt or soil that might be washed from adjacent slopes or planted areas. e. Worksites shall be left orderly and neat upon completion of work for that particular work day.
f. Parks are subject to scheduled group activities. When notified of such planned activities CONTRACTOR shall arrange his site visits to create the least impact on the group activity. Planned group activities may require CONTRACTOR to occasionally make changes to mowing and irrigation schedules and arrange 8 Packet Page 91 of 634Attachment 2 Page 8 of 29

Docusign Envelope ID: 9BF5O303-36E5-4579-A4 O7-45C224825100 for additional trash pickup.

II. Trash Containers
a. Trash containers will be emptied into dumpsters provided by CITY. b. No clippings, trimmings, brush or debris resulting from CONTRACTOR 's performance under this agreement shall be deposited in the trash cans placed by CITY at various locations in the areas covered by this agreement.

Ill. Fence Lines
a. Fence lines shall be kept free of trash, weeds, grass and prunings.

IV. Dust Control
a. CONTRACTOR shall control airborne dust at all times. Dust control shall conform to section 10, "Dust Control," of the State Standard Specifications. b. All costs associated with dust control are assumed to be included in the contract bid and no additional compensation will be allowed therefore.

V. Drainage System Areas
a. Surface drainage systems on the properties for purposes of rain water or irrigation water collection, whether surface swales, trench drains, V-ditches, catch basins or gutters shall be maintained in a clean condition free of debris, erosion waste, weeds or any blockage.
b. Gutters and curb way aprons that border the park entrance shall be kept clean of weeds and gardening debris.
c. CONTRACTOR shall prevent any material created as a result of his activities from entering the storm drain system. The storm drain system includes, but is not limited to, the gutter, the roadway, V-ditches, catch basins, creeks, and any underground storm water conduit. Proper storm water pollution prevention techniques and procedures shall be used during all phases of the maintenance work.
d. All concrete-lined ditches within the landscape areas shall be kept clean and clear at all times.
e. When a drainage system is blocked by debris from off the site or by erosion waste from offsite major storm damage, correction will be made by others after prompt notification by CONTRACTOR or will be considered extra-cost work as approved by CITY.

VI. Erosion Control
a. CONTRACTOR shall not be responsible for structural maintenance or repair or replacement of swales and drain lines except for such structural maintenance, repair or replacement resulting from damage caused by CONTRACTOR or his agents.
b. Erosion resulting from major storm damage that requires major slope reconstruction and/or installation of additional drainage facilities shall be the 9 Packet Page 92 of 634Attachment 2 Page 9 of 29

Docusign Envelope ID: 9BF5D303-36E5-4579-A4 O7-45C224825100 responsibility of others.

VII. Sidewalks, Patios and Driveways
a. Debris and silt shall be removed on service days from sidewalks, gutters and driveways.

VIII. Parking Lots
a. CONTRACTOR will blow off the parking lots at least once per week.

CONTRACTOR will not allow debris to accumulate in the corners of the parking lot.
b. CONTRACTOR will ensure that the surface drains in the parking lots are kept clear.
10 Packet Page 93 of 634Attachment 2 Page 10 of 29

Docusign Envelope ID: 9BF5D303-36E5-4579-A4 D7-45C224825100

3. MAINTENANCE SCHEDULE
Scheduled application months are subjected to change due to weather and other considerations

LA WN AREAS FREQUENCY
Leaf, Litter and Trash Removal Weekly
Irrigation System checks Monthly visual inspections
Irrigation Repairs - minor (T-up) Per Addendum A
Mow Weekly
Edge Bi-weekly
Spot Weed Control Weekly
Aeration As Needed
Weed Control: broad leaf and grassy As Needed
weeds
Control of Turf Diseases, Insect, and As Needed
Rodent Infestations
Fertilization One time {lX) per year

SHRUBS AND TREES FREQUENCY
Leaf, litter, and trash removal Weekly
Weed control As Needed
Shrub Pruning As Needed
Irrigation System checks Monthly visual inspections
Irrigation repairs - minor (T-up) As Needed
Shrub Fertilizer One (lX) time per year
Pest Control As needed, up to two (2X) times per year
Tree Pruning As needed for clearance
Staking Inspected two (2X) times per year and adjusted
or removed as necessary

GROUND COVER & VINES FREQUENCY
Leaf Removal Weekly
Litter and Trash Removal Weekly
Weed Control As Needed
Irrigation system checks Monthly visual inspections
Irrigation repairs - minor (T-up) As Needed
Fertilize One (lX) time per year
Pest Control As needed, up to two (2X) times per year
Edge As Needed
11 Packet Page 94 of 634Attachment 2 Page 11 of 29

Docusign Envelope ID: 9BF5D303-36E5-4579-A4D7-45C224825100

UNDEVELOPED AREAS FREQ,UENCY
Leaf, litter, and trash removal Weekly
Weed Control As Needed

SITE CONSIDERATIONS FREQ,UENCY
Site Inspections with LMM At least once per month
Trash Cans Emptied Two Times (2X) / Week
Clean V-Ditches/Drain Inlets Keep clean
12 Packet Page 95 of 634Attachment 2 Page 12 of 29

Docusign Envelope ID: 9BF5O303-36E5-4579-A4 O7-45C224825100

4. AREA MAPS INDEX
Gary Falati Park AM-1
Dunnell Nature Park AM-2
13 Packet Page 96 of 634Attachment 2 Page 13 of 29

Docusign Envelope ID: 9BF5D303-36E5-4579-A4D7-45C224825100 AM-1
Gary Falati Park
14 Packet Page 97 of 634Attachment 2 Page 14 of 29

O ocusign Envelope ID : 9BF5O303-36E5-4579-A4 O7-45C 224825100 AM-2
Dunnell Nature Park
■ = Girl Scout House Not Included
AM-2
15 Packet Page 98 of 634Attachment 2 Page 15 of 29

Docusign Envelope ID: 9BF5D303-36E5-4579-A4D7-45C224825100

ADDENDUM A
Cagwin&
Dorward v :J,~ r>,. -l 11 11 • •. , , •·•S.,
11 ... ~ ...... 11:tU•.Ji =-~~I 1•HJ
\ ·r~ ·,t ,111n91•"'1)
w '/; <::!iJ •1·n C:OM
October 23, 2023
City of Fairfield

ADDENDUM A
Landscape Maintenance:

Work will be performed as described by Cagwin & Dorward Specifications 121219, and can include the following:

Above 'T' Irrigation Repairs:

Cagwin & Dorward can include above T irrigation repairs in its monthly maintenance fee under the following. conditions:
• Contractor wii'I perform an initial operational evaluation of the irrigation system as part of its monthly contract services. Evaluation ls limited to performance tests, and does not include in-depth troubleshooting.
• Repairs and upgrades necessary to bring a substandard system up to the level to be maintained throughout the contract term must be performed prior to inclusion of repairs under the monthly maintenance fee. Such work will be performed upon customer approval as extra work, under a separate agreement.
• Minor repairs are limited to providi g the labor to adjust, ctean, or replace broken nozzles, heads, and risers, down to (but not including) lateral line tees. The intent is to perform incidental repairs; upgrades or replacement of inefficient or worn out systems is extra work performed upon customer approval, under a separate agreement. • Vandalism, accidental damage (unless by Contractor), and acts of God are not covered, and repairs will be performed upon customer approval as extra work. under a separate agreement.
• Adjustment to irrigation systems to reduce spray onto structures or hardscape surfaces wiU be completed to the extent allowed by the operational capacity of existing systems.

All overhead spray systems are subject to influence by wind and design limitations.

By _
Cagwin & Dorward
t) By: __ 6o....,.,_\-_.-_-_-_·- _
Owner/ Agent
Date
Date
16 Packet Page 99 of 634Attachment 2 Page 16 of 29

Docusign Envelope ID: 9BF5D303-36E5-4579-A4 D7-45C224825100 EXHIBIT "B"

PAYMENT
1) The total contract price for services rendered by CONTRACTOR under this Agreement shall not exceed $72,832.00 for the initial 16-month term, which is in effect September 1,2024 through December 31, 2025.
2) Payment shall be made to CONTRACTOR based on monthly progress billings and final invoice.

Final invoice to be submitted on completion of scope of work set forth in Exhibit "A". 3) Any additional meetings or work required beyond that set forth in Exhibit "A" shall be mutually agreed to by the CITY and CONTRACTOR, and shall be billed on a time and materials basis to the City of Fairfield.
17 Packet Page 100 of 634Attachment 2 Page 17 of 29

Docusign Envelope ID: 9BF5D303-36E5-4579-A4 O7-45C22482510 0 Exhibit "B-1"

GARY FALATI PARK AND DUNNELL NATURE PARK BID SHEET
Item No. Item of Work Unit Quantity Unit Price Total Price

1. Gary Falati Park Month 16 $3,421.00 $54,736.00

2. Dunnell Nature Park Month 16 $1,131.00 $18,096.00
TOTAL BID: $72,832.00
18 Packet Page 101 of 634Attachment 2 Page 18 of 29

Docusign Envelope ID: 9BF5D303-36E5-4579-A4 D7-45C224825100 EXHIBIT "C"

GENERAL PROVISIONS
1) INDEPENDENT CONTRACTOR. At all times during the term of this Agreement, CONTRACTOR shall be an independent Contractor and shall not be an employee of CITY. CITY shall have the right to control CONTRACTOR only insofar as the results of CONTRACTOR's services rendered pursuant to this Agreement; however, CITY shall not have the right to control the means by which CONTRACTOR accomplishes services rendered pursuant to this Agreement. 2) LICENSES; PERMITS; ETC. CONTRACTOR represents and warrants to CITY that CONTRACTOR has all licenses, permits, qualifications, and approvals of whatsoever nature which are legally required for CONTRACTOR to practice CONTRACTOR's profession. CONTRACTOR represents and warrants to CITY that CONTRACTOR shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any licenses, permits, and approvals which are legally required for CONTRACTOR to practice his profession. 3) TIME. CONTRACTOR shall devote such services pursuant to this Agreement as may be reasonably necessary for satisfactory performance of CONTRACTOR's obligations pursuant to this Agreement. CONTRACTOR shall adhere to the Schedule of Activities as described in their Executive Summary.
4) CONTRACTOR NOT AN AGENT. Except as CITY may specify in writing, CONTRACTOR shall have no authority, express or implied, to act on behalf of CITY in any capacity whatsoever as an agent. CONTRACTOR shall have no authority, express or implied, pursuant to this Agreement, to bind CITY to any obligation whatsoever.

S) ASSIGNMENT PROHIBITED. No party to this Agreement may assign any right or obligation pursuant to this Agreement. Any attempted or purported assignment of any right or obligation pursuant to this Agreement shall be void and of no effect. 6) PERSONNEL. CONTRACTOR shall assign only competent personnel to perform services pursuant to this Agreement. In the event that CITY, in its sole discretion, at anytime during the term of this Agreement, desires the removal of any person or persons assigned by CONTRACTOR to perform services pursuant to this Agreement, CONTRACTOR shall remove any such person immediately upon receiving notice from CITY of the desire of CITY for the removal of such person or persons.
7) STANDARD OF PERFORMANCE. CONTRACTOR shall perform all services required pursuant to this Agreement. Services shall be performed in the manner and according to the standards observed by a competent practitioner of the profession in which CONTRACTOR is engaged in the geographical area in which CONTRACTOR practices his profession. All products which CONTRACTOR delivers to CITY pursuant to this Agreement shall be prepared in a workmanlike manner, and conform to the standards of quality normally observed by a person practicing in 19 Packet Page 102 of 634Attachment 2 Page 19 of 29

Docusign Envelope ID: 9BF5D303-36E5-4579-A4D7-45C224825100 CONTRACTOR's profession. CITY shall be the sole judge as to whether the product of the CONTRACTOR is satisfactory.
8) CANCELLATION OF AGREEMENT. This Agreement may be canceled at any time by the CITY at its discretion upon written notification to CONTRACTOR. CONTRACTOR is entitled to receive full payment for all services performed and all costs incurred up to and including the date of receipt of written notice to cease work on the project. CONTRACTOR shall be entitled to no further compensation for work performed after the date of receipt of written notice to cease work. All completed and incomplete products up to the date of receipt of written notice to cease work shall become the property of CITY.
9) PRODUCTS OF CONSULTING. All products of the CONTRACTOR created under this Agreement shall be the property of the CITY.
10) INDEMNIFY AND HOLD HARMLESS. CONTRACTOR shall indemnify, defend, and hold harmless the CITY, its officers, agents, employees and volunteers from all claims, suits, or actions of every name, kind and description, brought forth on account of injuries to or death of any person or damage to property arising from or connected with the willful misconduct, negligent acts, errors or omissions, ultra-hazardous activities, activities giving rise to strict liability, or defects in design by CONTRACTOR or any person directly or indirectly employed by or acting as agent for CONTRACTOR in the performance of this Agreement, including the concurrent or successive passive negligence of the CITY, its officers, agents, employees or volunteers.

It is understood that the duty of CONTRACTOR to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code.

Acceptance of insurance certificates and endorsements required under this Agreement does not relieve CONTRACTOR from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply whether or not such insurance policies are determined to be applicable to any such damages or claims for damages. 11) PROHIBITED INTERESTS. No employee of the CITY shall have any direct financial interest in this agreement. This agreement shall be voidable at the option of the CITY if this provision is violated.
12) LOCAL EMPLOYMENT POLICY. The CITY desires wherever possible, to hire qualified local residents to work on city projects. Local resident is defined as a person who resides in Solano County. The CITY encourages an active affirmative action program on the part of its contractors, consultants and developers. When local projects require, subcontractors, contractors, consultants and developers will solicit proposals from qualified local firms where possible.

Docusign Envelope ID: 9BF5O 303-36E5-4579-A4 O7-45C224825100 report which lists the employee's name, job class, hours worked, salary paid, city of residence, and ethnic origin.
13) CONTRACTOR NOT A PUBLIC OFFICIAL. CONTRACTOR is not a "public official" for purposes of Government Code§§ 87200 et seq. CONTRACTOR conducts research and arrives at his or her conclusions, advice, recommendation, or counsel independent of the control and direction of the CITY or any CITY official, other than normal contract monitoring. In addition, CONTRACTOR possesses no authority with respect to any CITY decision beyond these conclusions, advice, recommendation, or counsel.
14) EMPLOYMENT DEVELOPMENT DEPARTMENT REPORTING REQUIREMENTS. When the CITY executes an agreement for or makes payment to CONTRACTOR in the amount of $600 (six hundred dollars) or more in any one calendar year, CONTRACTOR shall provide the following information to CITY to comply with Employment Development Department (EDD) reporting requirements:
a) Whether CONTRACTOR is doing business as a sole proprietorship, partnership, limited liability partnership, corporation, limited liability corporation, non-profit corporation or other form of organization.
b) If CONTRACTOR is doing business as a sole proprietorship, CONTRACTOR shall provide the full name, address and social security number or federal tax identification number of the sole proprietor.
c) If CONTRACTOR is doing business as other than a sole proprietorship, CONTRACTOR shall provide CONTRACTOR's federal tax identification number. 15) LABOR AND WAGE CODE GUIDELINES. Attention is directed to Section 1777.5 of the Labor Code as it applies to Apprenticeship Standards.

The general prevailing wage rates for each craft, classification, or type of workman shall be determined by the Director of Industrial Relations (available online at http://www.dir.ca.gov/dlsr/PWD/index.html - select the appropriate wage decision and then collect the wage decisions for Statewide, Northern California and Solano County). A copy of these wage rate determination are kept on file are available for review at the Office of the City Engineer located at 1000 Webster Street.

In accordance with the provisions of Section 1860 of the California labor Code, attention is directed to the requirement that in accordance with the provisions of Section 3700 of the California Labor Code, every contactor will be required to secure the payment of compensation of his or her employees.

Docusign Envelope ID: 9BF5D303-36E5-4579-A4 D7-45C224825100 relations for similar classifications of labor, the Contractor and subcontractors shall pay not less than the higher wage rates. The Department will not accept lower State wage rates not specifically included in the Federal minimum wage determinations. Where Federal wage determinations do not contain the State wage rate determination otherwise available for use by the Contractor and subcontractors, the Contractor and subcontractors shall pay not less than the Federal minimum wage rates, which most closely approximates the duties of the employees in question.
16) CONTRACT BONDS (required for projects above $2Sk). The Contractor shall furnish two good and sufficient bonds in compliance with applicable federal and state laws. One of the bonds in the amount of one hundred percent (100%) of the contract price shall guarantee the faithful performance of the contract by the Contractor; and, in addition, by its terms, the faithful performance bond shall remain in full force and effect for a period of one (1) year from and after the completion and acceptance of said work to guarantee the repair and/or replacement of faulty workmanship and defective material. The other bond shall be a payment (labor and material) bond in the amount of one hundred percent (100%) of the contract price. Each respective bond shall be in the form set forth in the Articles of Agreement Section.

Whenever any surety or sureties on any such bonds, or on any bonds required by law for the protection of the claims of laborers and material men, become insufficient, or the City has cause to believe that such surety or sureties have become insufficient, a demand in writing may be made of the Contractor for such further bond or bonds or additional surety, not exceeding that originally required, as is considered necessary, considering the extent of the work remaining to be done. Thereafter no payment shall be made upon such contract to the Contractor or any assignee of the Contractor until such further bond or bonds or additional surety has been furnished.

The City Engineer before execution of the contract by City may require that Contractor submit the documents enumerated in Code of Civil Procedure section 995.660 to verify the sufficiency of the surety or sureties on the contract bonds. 22 Packet Page 105 of 634Attachment 2 Page 22 of 29

Docusign Envelope ID: 9BF5D303-36E5-4579-A4 O7-45C224825100 EXHIBIT "D"

INSURANCE REQUIREMENTS
CONSULTANT shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the CONSULTANT, its agents, representatives, or employees. 1) MINIMUM SCOPE AND LIMITS OF INSURANCE
a) Commercial General Liability coverage (occurrence Form CG 00 01) with minimum limits of $2,000,000 per occurrence for bodily injury, personal injury, products and completed operations, and property damage. If Commercial General Liability or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. b) Automobile Liability coverage (Form CA 00 01 with Code 1 - any auto) with minimum limits of $2,000,000 per accident for bodily injury and property damage. c) Workers' Compensation insurance as required by the State of California and Employers' Liability insurance, each in the amount of $1,000,000 per accident for bodily injury or disease.
2} INDUSTRY SPECIFIC COVERAGES
If checked below, the following insurance is also required.

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

Docusign Envelope ID : 9BF5O303-36E5-4579-A4 O7-45C224825100 its officers, officials, employees and volunteers; or the CONSULTANT shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses.
b) The general and automobile liability policies {and if applicable, pollution liability, garage keepers liability and builder's risk policies) are to contain, or be endorsed to contain, the following provisions:
i) The CITY, its officers, officials, employees and volunteers are to be covered as insureds as respects: liability arising out of work or operations performed by or on behalf of the CONSULTANT; products and completed operations of the CONSULTANT; premises owned, occupied or used by the CONSULTANT; and automobiles owned, leased, hired or borrowed by the CONSULTANT. The coverage shall contain no special limitations on the scope of protection afforded to the CITY, its officers, officials, employees or volunteers.
ii) For any claims related to this project, the CONSULTANT'S insurance coverage shall be primary insurance as respects the CITY, its officers, officials, employees and volunteers.

Any insurance or self-insured maintained by the CITY, its officers, officials, employees or volunteers shall be in excess of the CONSULTANT'S insurance and shall not contribute with it.
iii) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the CITY, its officers, officials, employees or volunteers.
iv) The CONSULTANT'S insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. v) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty {30) days' prior written notice by certified mail, return receipt requested, has been given to the CITY.
vi) The policy limits of coverage shall be made available to the full limits of the policy. The minimum limits stated above shall not serve to reduce the CONSULTANT'S policy limits of coverage. Therefore, the requirements for coverage and limits shall be {1) the minimum coverage and limits specified in this agreement, or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named insured, whichever is greater.
c) ACCEPTABILITY OF INSURER. Insurance is to be placed with insurers with a current A.M.

Best's rating of no less than A:VII, unless otherwise acceptable to the CITY. 24 Packet Page 107 of 634Attachment 2 Page 24 of 29

Docusign Envelope ID: 9BF5O303-36E5-4579-A4O7-45C224825100 VERIFICATION OF COVERAGE. CONSULTANT shall furnish the CITY with original endorsements effecting coverage required by this Exhibit D. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf; on forms equivalent to CG 20 10 1185, subject to CITY approval; and submitted electronically through the Exigis insurance system to:
[email protected]. All insurance certificates and endorsements are to be received and approved by the CITY before work commences. At the request of the CITY, CONSULTANT shall provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications. d) SUB-CONTRACTORS. CONSULTANT shall require all subcontractors to procure and maintain insurance policies subject to the requirements of Exhibit D. Failure of CONSULTANT to verify existence of sub-contractor's insurance shall not relieve CONSULTANT from any claim arising from sub-contractors work on behalf of CONSULTANT.
25 Packet Page 108 of 634Attachment 2 Page 25 of 29

D o c u S ig n ·
Certificate Of Completion
Envelope Id: 9BF5D30336E54579A4 D745C224825100 Status: Completed Subject: Complete with Docusign: City of Fairfield-Cagwin&Dorward - Falati Park and Dunnell Nature Park_ ...

Source Envelope:

Document Pages: 33
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AutoNav: Enabled
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Initials: 0
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Time Zone: (UTC-08:00) Pacific Time (US & Canada)
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Accepted: 8/1/2024 12:14:18 PM
ID: b4cb2dec-729c-4820-8159-fd4d837bc975
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Electronic Record and Signature Disclosure
Packet Page 109 of 634Attachment 2 Page 26 of 29

Electronic Record and Signature Disclosure created on: 2/3/2021 9:06:07 AM Parties agreed to: Delanie Boss

ELECTRONIC RECORD AND SIGNATURE DISCLOSURE
From time to time, City of Fairfield (we, us or Company) may be required by law to provide to you certain written notices or disclosures. Described below are the terms and conditions for providing to you such notices and disclosures electronically through the DocuSign system.

Please read the information below carefully and thoroughly, and if you can access this information electronically to your satisfaction and agree to this Electronic Record and Signature Disclosure (ERSD), please confirm your agreement by selecting the check-box next to 'I agree to use electronic records and signatures' before clicking 'CONTINUE' within the DocuSign system.

Getting paper copies
At any time, you may request from us a paper copy of any record provided or made available electronically to you by us. You will have the ability to download and print documents we send to you through the DocuSign system during and immediately after the signing session and, if you elect to create a DocuSign account, you may access the documents for a limited period of time (usually 30 days) after such documents are first sent to you. After such time, if you wish for us to send you paper copies of any such documents from our office to you, you will be charged a $0.00 per-page fee. You may request delivery of such paper copies from us by following the procedure described below.

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If you decide to receive notices and disclosures from us electronically, you may at any time change your mind and tell us that thereafter you want to receive required notices and disclosures only in paper format. How you must inform us of your decision to receive future notices and disclosure in paper format and withdraw your consent to receive notices and disclosures electronically is described below.

Consequences of changing your mind
If you elect to receive required notices and disclosures only in paper format, it will slow the speed at which we can complete certain steps in transactions with you and delivering services to you because we will need first to send the required notices or disclosures to you in paper format, and then wait until we receive back from you your acknowledgment of your receipt of such paper notices or disclosures. Further, you will no longer be able to use the DocuSign system to receive required notices and consents electronically from us or to sign electronically documents from us.

All notices and disclosures will be sent to you electronically Packet Page 110 of 634Attachment 2 Page 27 of 29

U n le s s y o u te ll u s o th e rw is e in accordance with the procedures described herein, we will provide electronically to you through the DocuSign system all required notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you during the course of our relationship with you. To reduce the chance of you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required notices and disclosures to you by the same method and to the same address that you have given us. Thus, you can receive all the disclosures and notices electronically or in paper format through the paper mail delivery system. If you do not agree with this process, please let us know as described below. Please also see the paragraph immediately above that describes the consequences of your electing not to receive delivery of the notices and disclosures electronically from us.

How to contact City of Fairfield:

You may contact us to let us know of your changes as to how we may contact you electronically, to request paper copies of certain information from us, and to withdraw your prior consent to receive notices and disclosures electronically as follows:

To contact us by email send messages to: [email protected] To advise City of Fairfield of your new email address
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Packet Page 111 of 634Attachment 2 Page 28 of 29

i. d e cl in e to s ig n a d o c u m e n t fr o m w i t h in y o u r s ig n in g s e s s io n , a n d o n th e s u b s e q u e n t p a g e , s e l e c t th e c h e c k -b o x in d i c a t in g y o u w i s h to w it h d ra w y o u r c o n s e n t, o r y o u m a y ; ii . s e n d u s a n e m a i l to j b e rt a n y @ fa i r fi e ld .c a .g o v a n d in th e b o d y o f s u c h r e q u e s t y o u m u s t s ta te y o u r e m a i l , fu ll n a m e , m a ili n g a d d r e s s , a n d te le p h o n e n u m b e r. W e d o n o t n e e d a n y o th e r in fo rm a t io n fr o m y o u to w i t h d ra w c o n s e n t.. T h e c o n s e q u e n c e s o f y o u r w ith d ra w in g c o n s e n t fo r o n l in e d o c u m e n t s w i ll b e th a t tra n s a c t io n s m a y ta k e a lo n g e r tim e to p ro c e s s ..

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Acknowledging your access and consent to receive and sign documents electronically To confirm to us that you can access this information electronically, which will be similar to other electronic notices and disclosures that we will provide to you, please confirm that you have read this ERSD, and (i) that you are able to print on paper or electronically save this ERSD for your future reference and access; or (ii) that you are able to email this ERSD to an email address where you will be able to print on paper or save it for your future reference and access. Further, if you consent to receiving notices and disclosures exclusively in electronic format as described herein, then select the check-box next to 'I agree to use electronic records and signatures' before clicking 'CONTINUE' within the DocuSign system.

By selecting the check-box next to 'I agree to use electronic records and signatures', you confirm that:
• You can access and read this Electronic Record and Signature Disclosure; and • You can print on paper this Electronic Record and Signature Disclosure, or save or send this Electronic Record and Disclosure to a location where you can print it, for future reference and access; and
• Until or unless you notify City of Fairfield as described above, you consent to receive exclusively through electronic means all notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you by City of Fairfield during the course of your relationship with City of Fairfield.

Packet Page 112 of 634Attachment 2 Page 29 of 29

Agenda Item No: 11.

AGENDA REPORT
DATE:August 20, 2024
TO:Mayor and City Council
FROM:David Gassaway, City Manager
SUBJECT:Resolution 2024202 of the City Council of the City of Fairfield Approving a Contractor Services Agreement with Cagwin & Dorward, LLC for Landscape Maintenance Services in Various Neighborhood Parks
RECOMMENDED ACTION
Adopt resolution.

STATEMENT OF ISSUE
Approval of the attached resolution will authorize the city manager to execute a contractor services agreement with Cagwin & Dorward, LLC (Cagwin & Dorward) in the amount of $417,328 for landscape maintenance services in various neighborhood parks, including Dover Park, Hillview Park, Lee Bell Park, Mankas Park, Meadow Park/Dover Trail, Meadow Glen Park, Rolling Hills Park, Sunrise Park, Camrose Park, Tabor Park, Tolenas Park, Kentucky Tot Lot, Utah Toto Lot, Veterans Park, Waterman Boulevard and Hilborn Road, and Woodcreek Park.

DISCUSSION
The previous agreement with Dominguez Landscaping Services (Dominguez) for landscape maintenance services in various neighborhood parks expired in December 2023, after Dominguez unexpectedly moved their operations out of Solano County. Since then, maintenance has been provided by Cagwin & Dorward on a monthtomonth basis under a service contract while the Public Works Operations Division solicited bids and negotiated contracts.

Pursuant to Chapter 28.31 of the Fairfield Municipal Code, contracts for landscape maintenance services may be let on the basis of demonstrated competence and professional qualifications. For nearly 70 years, Cagwin & Dorward has been a wellestablished landscape service provider in Northern California, offering fullservice solutions, specializing in installing landscapes for highend residential and commercial properties throughout Northern California.

The approval of the attached resolution will authorize the city manager to execute a contractor services agreement with Cagwin & Dorward in the amount of $417,328 for landscape maintenance services in various neighborhood parks. The initial 16month term of the agreement will be from September 1, Packet Page 113 of 634

Agenda Item No: 11.AGENDA REPORTDATE:August 20, 2024 TO:Mayor and City CouncilFROM:David Gassaway, City ManagerSUBJECT:Resolution 2024202 of the City Council of the City of Fairfield Approving a ContractorServices Agreement with Cagwin & Dorward, LLC for Landscape MaintenanceServices in Various Neighborhood ParksRECOMMENDED ACTIONAdopt resolution.STATEMENT OF ISSUEApproval of the attached resolution will authorize the city manager to execute a contractor servicesagreement with Cagwin & Dorward, LLC (Cagwin & Dorward) in the amount of $417,328 for landscapemaintenance services in various neighborhood parks, including Dover Park, Hillview Park, Lee BellPark, Mankas Park, Meadow Park/Dover Trail, Meadow Glen Park, Rolling Hills Park, Sunrise Park,Camrose Park, Tabor Park, Tolenas Park, Kentucky Tot Lot, Utah Toto Lot, Veterans Park, WatermanBoulevard and Hilborn Road, and Woodcreek Park.DISCUSSIONThe previous agreement with Dominguez Landscaping Services (Dominguez) for landscapemaintenance services in various neighborhood parks expired in December 2023, after Dominguezunexpectedly moved their operations out of Solano County. Since then, maintenance has been providedby Cagwin & Dorward on a monthtomonth basis under a service contract while the Public WorksOperations Division solicited bids and negotiated contracts. Pursuant to Chapter 28.31 of the Fairfield Municipal Code, contracts for landscape maintenanceservices may be let on the basis of demonstrated competence and professional qualifications. Fornearly 70 years, Cagwin & Dorward has been a wellestablished landscape service provider inNorthern California, offering fullservice solutions, specializing in installing landscapes for highendresidential and commercial properties throughout Northern California.The approval of the attached resolution will authorize the city manager to execute a contractor services agreement with Cagwin & Dorward in the amount of $417,328 for landscape maintenance services in various neighborhood parks. The initial 16month term of the agreement will be from September 1, 2024, through December 31, 2025, with an option to extend for up to two additional terms of up to 24 months each term.

FINANCIAL IMPACT
Total authorization for the Neighborhood Parks service agreement is $417,328 for an initial 16month term from September 1, 2024, through December 31, 2025 ($34,336 for Dover Park, $26,544 for Hillview Park, $38,800 for Lee Bell Park, $29,280 for Mankas Park, $38,688 for Meadow Park/Dover Trail, $17,392 for Meadow Glen Park, $23,696 for Rolling Hills Park, $30,224 for Sunrise Park, $16,144 for Camrose Park, $29,712 for Tabor Park, $27,344 for Tolenas Park, $12,928 for Kentucky Tot Lot, $9,776 for Utah Toto Lot, $28,752 for Veterans Park, $24,016 for Waterman Boulevard and Hilborn Road, and $29,696 for Woodcreek Park), which will be paid from the General Fund (Organization Code 10160306).

STAFF CONTACT
Valerie Standfill, Management Analyst
(707) 4287055
[email protected]
COORDINATED WITH
N/A
ATTACHMENTS:

Description
Proposed Resolution
Proposed Agreement
REVIEWERS:

Reviewer Action Date
Chaudhary, Savita Approved 8/6/2024 7:20 PM
Beavers, Esther Approved 8/6/2024 8:26 PM
Beavers, Esther Approved 8/6/2024 8:27 PM
Packet Page 114 of 634

CITY OF FAIRFIELD

RESOLUTION NO. 2024-202

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

CONTRACTOR SERVICES AGREEMENT WITH CAGWIN & DORWARD, LLC FOR LANDSCAPE

MAINTENANCE SERVICES IN VARIOUS NEIGHBORHOOD PARKS

WHEREAS, landscaping services at various neighborhood parks are funded by the General Fund; and

WHEREAS, the City wishes to enter into a new contractor service agreement with Cagwin & Dorward, LLC for landscape maintenance services at various neighborhood parks.

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

Section 1. The city manager or designee is hereby authorized and directed to execute on behalf of the City of Fairfield a contractor services agreement (Agreement) between the City of Fairfield and Cagwin & Dorward, LLC for landscape maintenance services at various neighborhood parks, including Dover Park in the amount of $34,336, Hillview Park in the amount of $26,544, Lee Bell Park in the amount of $38,800, Mankas Park in the amount of $29,280, Meadow Park/Dover Trail in the amount of $38,688, Meadow Glen Park in the amount of $17,392, Rolling Hills Park in the amount of $23,696, Sunrise Park in the amount of $30,224, Camrose Park in the amount of $16,144, Tabor Park in the amount of $29,712, Tolenas Park in the amount of $27,344, Kentucky Tot Lot in the amount of $12,928, Utah Tot Lot in the amount of $9,776, Veterans Park in the amount of $28,752, Waterman Boulevard and Hilborn Road in the amount of $24,016, and Woodcreek Park in the amount of $29,696, for a total authorization of $417,328 for an initial 16-month term beginning September 1, 2024, and ending December 31, 2025.

RES. NO. 2024-202

Page 2 ends

Price Index for Urban Wage Earners and Clerical Workers (not seasonally adjusted for all items) upon mutual written agreement of both parties.

PASSED AND ADOPTED this 20th day of August 2024, by the following vote:

_________________________________________________
MAYOR
ATTEST:
___________________________

CITY CLERK

Packet Page 116 of 634Attachment 1 Page 2 of 2

Docusign Envelope ID: 062432B0-E6F1-4CC9-8258-DB039123625A

CONTRACTOR SERVICES AGREEMENT

LANDSCAPE MAINTENANCE SERVICES FOR NEIGHBORHOOD PARKS
THIS AGREEMENT is made at Fairfield, California, as of _, 2024, by and between the City of Fairfield, a municipal corporation ("CITY") and Cagwin and Dorward Landscape Contractors ("CONTRACTOR"), who agree as follows:
1) SERVICES. Subject to the terms and conditions set forth in this Agreement, CONTRACTOR shall provide to the CITY the services described in Exhibit "A," which consists of the proposal submitted by CONTRACTOR. CONTRACTOR shall provide said services at the time, place, and in the manner specified in Exhibit "A."
2) PAYMENT. CITY shall pay CONTRACTOR for services rendered pursuant to this Agreement at the times and in the manner set forth in Exhibit "B." The payments specified in Exhibit "B" shall be the only payments to be made to CONTRACTOR for services rendered pursuant to this Agreement.

CONTRACTOR shall submit all billings for said services to the CITY in the manner specified in Exhibit "B." CONTRACTOR's proposal is incorporated for reference in Exhibit "8-1." 3) FACILITIES AND EQUIPMENT. CONTRACTOR shall, at its sole cost and expense, furnish all facilities and equipment which may be required for furnishing services pursuant to this Agreement. 4) GENERAL PROVISIONS. The general provisions set forth in the City of Fairfield Standard Specifications and Details, latest edition and Exhibit "C" are part of this Agreement. In the event of any inconsistency between said general provisions and any other terms or conditions of this Agreement, the provisions set forth in Exhibit "C" shall control. 5) INSURANCE REQUIREMENTS. The insurance requirements set forth in Exhibit "D" are part of this Agreement. In the event of any inconsistency between said general provisions and any other terms or conditions of this Agreement, the requirements set forth in Exhibit "D" shall control. 6) BUSINESS LICENSE. The CONTRACTOR shall obtain and keep current a business license for work within the City of Fairfield pursuant to Chapter 108 of the Fairfield City Code, with respect to the gross receipts received pursuant to this Agreement. No payments shall be made to any SERVICE PROVIDER until such business license has been obtained, and all fees paid therefore, by the CONTRACTOR. Business license applications and information may be obtained from the Community Development Department, Fairfield City Hall, 1000 Webster Street, Fairfield, CA 94533-4883, (707-428-7509) and online at www.fairfield.ca.gov/biz 7) EXHIBITS. All exhibits referred to herein are attached hereto and are by this reference incorporated herein.
8) TERM. This agreement shall be in effect from September 1, 2024, through December 31, 2025. This Agreement may be extended for up to two (2) additional terms of up to twenty-four (24) months each term with negotiated terms and conditions including a negotiated compensation adjustment I
Rev. 01/26/2024
Packet Page 117 of 634Attachment 2 Page 1 of 38

Docusign Envelope ID: 062432B0-E6F1-4CC9-8258-DB039123625A not to exceed the June San Francisco-Oakland-Hayward Consumer Price Index for Urban Wage Earners and Clerical Workers (not seasonally adjusted for all items) upon mutual written Agreement of both parties.
9) Where applicable, vehicles with a GVWR greater than 8,500 lbs. and light-duty package delivery vehicles operated in California may be subject to the California Air Resources Board Advanced Clean Fleets regulations. Such vehicles may therefore be subject to requirements to reduce emissions of air pollutants. For more information, please visit the CARB Advanced Clean Fleets webpage at https://ww2.arb.ca.qov/our-work/proqrams/advanced-clean-f/eets 10} AMENDMENTS TO SCOPE OF WORK. Notwithstanding the above, at the approval of the Public Works Director or designee, CITY and CONTRACTOR may mutually agree in writing to modify the Scope of Work set forth in Exhibit "A" in order to address the changing landscaping service needs of CITY; however, such modification shall not increase the not-to-exceed amount of the AGREEMENT set forth in Exhibit "B."
EXECUTED as of the day first above-stated.

City of Fairfield, a municipal corporation
By: _
David Gassaway, City Manager
Cagwin & Dorward, LLC
In Signed by:

Bl!~~D~!~s
Delanie Boss, Controller
2 Rev.01/26/2024
Packet Page 118 of 634Attachment 2 Page 2 of 38

Docusign Envelope ID: 062432B0-E6F1-4CC9-8258-OB039123625A EXHIBIT "A"

SCOPE OF SERVICE

LANDSCAPE MAINTENANCE TECHNICAL PROVISIONS

1. LOCATION OF SERVICES
Dover Park 8.5 acres Located at the intersection of East Travis Boulevard and Flamingo Street Hillview Park 5.5 acres Located at the intersection of Marigold Drive and Atlantic Avenue Lee Bell Park 7 acres Located at the intersection of Travis Boulevard and Washington Street Mankas Park 6.2 acres Located on Owens Street and Mankas Boulevard Meadow Park 4.3 acres Located at Harte Place and Meadowlark Drive Dover Bike Trail 3.6 acres Located between Meadowlark Drive and Sanderling Drive Meadow Glen Park 2 acres Located at the intersection of Hill Glenn Drive and Parkview terrace Rolling Hills Park 3.1 acres Located at the intersection of Hilborn Road and Glenwood Drive Sunrise Park 6.8 acres Located at the intersection of Cam rose Avenue and Arlington Circle Camrose Bike Trail .76 acre
Located on Cam rose Avenue between Arlington Circle and Hartwick Lane
Tabor Park 6.3 acres Located on E. Tabor Road at the intersection Manor Place Tolenas Park 4 acres Located at the intersection ofTolenas Road and Catlin Drive Tot Lot (Kentucky) 8,800 s.f. Located in the 1700 block of Kentucky Street Tot Lot (Utah) 6865 s.f. Located at the intersection of Utah Street and Hayes Street Veterans Park 5 acres Located on Fairfield Avenue between Tabor Avenue and Stratford Lane Waterman Blvd. & Located on Waterman Blvd. and Hilborn Road Hilborn Road 0.5 Acre Woodcreek Park 5.5 acres Located at Astoria Drive and Woodcreek Drive The acreage shown above is an estimate. It is suggested that CONTRACTOR conduct his own field surveys.

CONTRACTOR will be responsible for plant material, trees, hardscapes, high weed mowing of open space and any other requirements of these specifications.

2. DESCRIPTION OF SERVICES
A. Lawn Care
CONTRACTOR shall maintain all lawn areas on the sites covered by this agreement in a healthy, growing condition by performing the following operations and other work incidental hereto:
3 Rev.01/26/2024
Packet Page 119 of 634Attachment 2 Page 3 of 38

Docusign Envelope ID: 062432B0-E6F1-4CC9-8258-DB039123625A I. Mowing
a. CONTRACTOR shall maintain turf with a consistent green appearance and healthy growing condition free of weeds.
b. Lawns shall be mowed once every week or more often if necessary, unless otherwise specified, to maintain a neat, trim appearance.
c. CONTRACTOR will remove all litter, branches and debris from each lawn area prior to mowing.
d. Turf height shall be maintained at 3-inches during the summer and 2 ½ inches during the winter.
e. Mowing directions shall be periodically alternated.
f. "Scalping" of turf will not be permitted.
g. Tufts of grass in corners or other areas that cannot be reached by a mower shall be mowed with a monofilament line trimmer.
h. CONTRACTOR may choose to use mulching blades on mowers; however, all excessive mowed clippings (as determined by the LMM) shall be removed from the job site on the same day.
i. Mowing schedules shall be coordinated with the LMM.
j. Any damage to the turf caused by a mower shall be the responsibility of CONTRACTOR to make the repairs to the satisfaction of the LMM.

II. Edging
a. Lawn edging will be performed with every other mowing. b. Lawn edging against paved areas, around valve boxes and around other utility structures shall be kept neatly edged.
c. Edges against fences and walls shall be sprayed, maintaining a 4-inch vegetation-free band. d. V-ditches bordering turf areas shall be edged.

Ill. Blowing and Raking
a. All hardscapes surfaces shall be blown free of clippings after every mowing and edging. b. Surfaces shall be blown free of leaf litter and other debris on an as-needed basis.

IV. Tree Wells
a. Tree wells in lawn areas shall be maintained reasonably free of turf and weeds at all times. b. Post-Emergent Weed Control
(i) CONTRACTOR will spot treat with a post-emergent herbicide four times (4X) per year during the months of March, May, August and November (subject to change due to weather) to eradicate emerged broad leaf and grassy weeds. c. Turf diseases, weed and insect infestations and rodent infestations must be identified and controlled in a timely manner. Reapplication of control methods will be required to correct or control failed treatments.
d. CONTRACTOR shall exercise extreme care in the use of herbicides and insecticides to avoid harm to non-target plants, as well as non-target insects, such as bees.

V. Irrigation
a. Over-watering or under-watering, for whatever reason, must be corrected immediately upon notification.
b. Some landscape area irrigation systems operate under CITY's central irrigation (computerized) system; contact the LMM for programming requests in those areas. 4 Rev.01/26/2024
Packet Page 120 of 634Attachment 2 Page 4 of 38

Docusign Envelope ID: 062432B0-E6F1-4CC9-8258-DB039123625A c. Watering times shall begin after 9 pm and be completed before 6 am, wherever possible. d. Irrigation controllers shall use repeat cycling where possible to allow water to soak in and prevent runoff or ponding.

B. Tree Care
CONTRACTOR shall be responsible for all tree maintenance up to 15 feet.

I. Pruning
a. Trees shall be pruned as needed for clearance.
b. CONTRACTOR shall ensure that only professionally qualified personnel using approved methods and techniques perform pruning.
c. International Society of Arboriculture (ISA) pruning standards shall be used. d. Excessive pruning or stubbing back shall not be permitted. e. All pruning cuts shall maintain the branch bark ridge and shall be cleanly cut with no tearing of the bark. No flush cuts shall be permitted.
f. Lower branches overhanging walkways or paths shall be raised to a height of seven (7) feet or as directed by the LMM.
g. Lower branches overhanging streets or driveways shall be raised to a height of twelve (12) feet or as directed by the LMM.
h. Suckers, water sprouts and other undesirable growth shall be removed.

C. Shrub and Ground Cover Care
I. Shrub Pruning
a. Shrubs shall be pruned as needed to give a neat, trim appearance. CONTRACTOR may be required to prune more frequently if shrub growth encroaches on walkways, streets or signs or encumbers visibility.
b. Shrubs, when sheared, shall be tapered back to form a natural appearance; vertical edges shall not be allowed.
c. Shrubs and ground cover will be pruned to prevent encroachment on walkways, paths, curbs, paved areas and fence lines. Shrubs and ground cover shall be maintained inside the edges of curbs or planter bed borders.
d. Shrubs and ground cover shall be pruned to remove all dead or damaged growth.

II. Ground Cover Pruning
a. Ground Cover shall be edged as needed for a neat, trim appearance. CONTRACTOR may be required to prune more frequently if ground cover growth encroaches on walkways or streets.
b. Ground cover, such as ivy will not be allowed to grow/spread onto trees, walls, fences, buildings and other amenities.

Ill. Pest Control in Shrub Beds and Ground Cover Areas
a. Planter beds and ground cover areas shall be kept reasonably free of weeds.

D. Irrigation System
I. General
5 Rev.01/26/2024
Packet Page 121 of 634Attachment 2 Page 5 of 38

Docusign Envelope ID: 062432B0-E6F1-4CC9-8258-DB039123625A a. Before beginning these maintenance program operations under the provisions of this agreement, CONTRACTOR shall inspect all installed irrigation systems on the site(s) covered by this agreement and shall report damage or malfunction of any system to the LMM. b. It is CITY's objective to actively pursue water conservation within the maintenance program.

CONTRACTOR should expect the administration of the irrigation specifications to be closely monitored. The irrigation system shall be adjusted as necessary to prevent overspray onto paved areas and runoff down the gutters. Multiple repeat cycles shall be utilized as needed to provide best irrigation efficiency.

II. Irrigation Scheduling and Adjustments
a. Programming of controllers shall be performed by CONTRACTOR to maintain healthy growing plant material.
b. CITY prefers watering time to be between 9:00 PM and 6:00 a.m., whenever possible.

Saturdays, Sundays, afternoons and early evening are the high public use times. Watering will typically not be allowed Fridays at 7:00 a.m. though Sundays at 9:00 p.m. There may be exceptions that occur from changing weather conditions or to accommodate a special event schedule. Irrigation schedules shall be coordinated with the LMM. c. Drip irrigation systems may be operated during the day. d. All sprinklers shall be adjusted properly to avoid spraying water on parked cars, roadways, walkways, buildings, signs, fences and other property that may be damaged by water. e. CONTRACTOR will perform a complete system check of all controllers and valves, including coverage testing and sprinkler adjustments no later than April 15th. This date may be delayed by the LMM due to weather.

E. Pest Management
I. Laws and Regulations
a. CONTRACTOR shall comply with all Federal, State and local laws and regulations governing the use of chemicals for the control of weeds, diseases and pests, including obtaining all the required permits and licenses for the possession and use of pesticides. b. CONTRACTOR shall register with the Solano County Department of Agriculture and shall obtain a Solano County Operator Identification Number for each year of the contract.

CONTRACTOR will furnish the LMM with a copy of each year's Solano County registration documents with the Operator Identification Number.
c. Written recommendations from a licensed Pest Control Advisor will be required for all pesticide applications. A copy of these recommendations shall be made available to the LMM for approval prior to any work.
d. CONTRACTOR shall permit pesticide applications to be done only by qualified, trained personnel under the supervision of a State licensed pest control operator or certified applicator using recognized and approved materials and methods. e. Employee pesticide training shall comply with the training regulations established by the California Department of Pesticide Regulation.

F. General Maintenance and Cleanup
I. General
a. CONTRACTOR shall collect all mowed grass, clippings, trimmings, cuttings, rubbish and debris at each site covered by this agreement and shall remove the same promptly from 6 Rev. 01/26/2024
Packet Page 122 of 634Attachment 2 Page 6 of 38

Docusign Envelope ID: 062432B0-E6F1-4CC9-8258-DB039123625A each site and dispose of same in a lawful manner at CONTRACTOR's expense. b. All areas shall be kept free of leaves, pine needles, litter, including broken glass or other such debris. All broken glass shall be immediately removed when discovered. c. CONTRACTOR shall keep all cracks and seams in sidewalks, curbs, street gutters and other paved areas free of weeds.
d. CONTRACTOR shall keep sidewalks and paved areas swept and cleaned of any dirt or soil that might be washed from adjacent slopes or planted areas. e. Worksites shall be left orderly and neat upon completion of work for that particular work day.
f. Parks are subject to scheduled group activities. When notified of such planned activities CONTRACTOR shall arrange his site visits to create the least impact on the group activity.

Planned group activities may require CONTRACTOR to occasionally make changes to mowing and irrigation schedules and arrange for additional trash pickup.

II. Trash Containers
a. Trash containers will be emptied 2 times per week before 3:30 p.m .. A dumpster will be provided by the City of Fairfield for dumping of trash. b. No clippings, trimmings, brush or debris resulting from CONTRACTOR 's performance under this agreement shall be deposited in the trash cans placed by CITY at various locations in the areas covered by this agreement.

Ill. Fence Lines
a. Fence lines shall be kept free of trash, weeds, grass and prunings.

V. Drainage System Areas
a. Surface drainage systems on the properties for purposes of rain water or irrigation water collection, whether surface swales, trench drains, V-ditches, catch basins or gutters shall be maintained in a clean condition free of debris, erosion waste, weeds or any blockage. b. Gutters and curb way aprons that border the park entrance shall be kept clean of weeds and gardening debris.
c. All concrete-lined ditches within the landscape areas shall be kept clean and clear at all times. More frequent cleaning may be required due to heavy rains. Special care will be taken by CONTRACTOR to keep debris out of all basins while V-ditch maintenance is occurring.
d. When a drainage system is blocked by debris from off the site or by erosion waste from offsite major storm damage, correction will be made by others after prompt notification by CONTRACTOR or will be considered extra-cost work as approved by CITY.

VI. Erosion Control
a. CONTRACTOR shall not be responsible for structural maintenance or repair or replacement of swales and drain lines except for such structural maintenance, repair or replacement resulting from damage caused by CONTRACTOR or his agents. 7 Rev.01/26/2024
Packet Page 123 of 634Attachment 2 Page 7 of 38

Docusign Envelope ID: 062432B0-E6F1-4CC9-8258-DB039123625A b. Erosion resulting from major storm damage that requires major slope reconstruction and/or installation of additional drainage facilities shall be the responsibility of others.

VII. Sidewalks, Patios and Driveways
a. Debris and silt shall be removed on service days from sidewalks, gutters and driveways.

VIII. Parking Lots
a. CONTRACTOR will blow off the parking lots at least once per week. CONTRACTOR will not allow debris to accumulate in the corners of the parking lot. b. CONTRACTOR will ensure that the surface drains in the parking lots are kept clear. 8 Rev.01/26/2024
Packet Page 124 of 634Attachment 2 Page 8 of 38

Docusign Envelope ID: 062432B0-E6F1-4CC 9-8258-DB039123625A

3. MAINTENANCE SCHEDULE
Scheduled application months are subject to change due to weather and other considerations.

LAWN AREAS FREQUENCY
Leaf, litter, and trash removal Weekly
Irrigation System checks Monthly visual inspection
Mow Weekly
Edge Bi-weekly

SHRUBS AND TREES FREQUENCY
Leaf, litter and trash removal Weekly
Shrub Pruning As Needed
Irrigation System checks Monthly visual inspection

GROUND COVER & VINES FREQUENCY
Leaf, Litter, and Trash Removal Weekly
Weed Control As Needed
Irrigation system checks Monthly visual inspections
Prune As needed for a neat, trim appearance
Edge As needed to control growth

PAVED AREAS FREQUENCY
Leaf, Litter, and Trash Removal Weekly
Weed Control As Needed

SITE CONSIDERATIONS FREQUENCY
Site Inspections with LMM At least once per month
Trash Cans Emptied Two Times (2X) I Week
Clean V-Ditches/Drain Inlets Kept clean
9 Rev.01/26/2024
Packet Page 125 of 634Attachment 2 Page 9 of 38

Oocusign Envelope 10: 062432BD-E6F1-4CC9-8258-OB039123625A

4. AREA MAPS INDEX
Dover Park AM-1
Hillview Park AM-2
Lee Bell Park AM-3
Mankas Park AM-4
Meadow Park AM-5
Dover Bike Park AM-5
Meadow Glen Park AM-6
Rolling Hills Park AM-7
Sunrise Park AM-8
Camrose Bike Trail AM-8
Tabor Park AM-9
Tolenas Park AM-10
Tot Lot (Kentucky) AM-11
Tot Lot (Utah) AM-11
Veterans Park AM-12
Waterman Blvd and Hilborn Rd (Lawn Area) AM-13
Woodcreek Park AM-14
10 Rev.01/26/2024
Packet Page 126 of 634Attachment 2 Page 10 of 38

Docusign Envelope ID: 062432B0-E6F1-4CC9-8258-DB039123625A

DOVER PARK
11 Rev.01/26/2024
Packet Page 127 of 634Attachment 2 Page 11 of 38

Docusign Envelope ID: 062432B0-E6F1-4CC9-8258-DB039123625A

HILLVIEW PARK
12 Rev. 01/26/2024
Packet Page 128 of 634Attachment 2 Page 12 of 38

Docusign Envelope ID: 062432B0-E6F1-4CC9-8258-DB039123625A

LEE BELL PARK
13 Rev. 01/26/2024
Packet Page 129 of 634Attachment 2 Page 13 of 38

Docusign Envelope ID: 062432B0-E6F1-4CC9-8258-DB039123625A

MANKA S PARK
14 Rev. 01/26/2024
Packet Page 130 of 634Attachment 2 Page 14 of 38

Docusign Envelope ID: 062432B0-E6F1-4CC9-8258-DB039123625A

MEADOW PARK & DOVER BIKE TRAIL
AM-5 -·--
15 Rev.01/26/2024
Packet Page 131 of 634Attachment 2 Page 15 of 38

Docusign Envelope ID: 062432B0-E6F1-4CC9-8258-DB039123625A

MEADOW GLEN PARK
AM-6 -
16 Rev.01/26/2024
Packet Page 132 of 634Attachment 2 Page 16 of 38

Docusign Envelope ID: 062432B0-E6F1-4CC9-8258-OB039123625A

ROLLING HILLS PARK
17 Rev. 01/26/2024
Packet Page 133 of 634Attachment 2 Page 17 of 38

Docusign Envelope ID: 062432B0-E6F1-4CC9-8258-DB039123625A

SUNRISE PARK & CAMROSE BIKE TRA IL
18 Rev.01/26/2024
Packet Page 134 of 634Attachment 2 Page 18 of 38

Oocusign Envelope ID: 062432B0-E6F1-4CC9-8258-OB039123625A

TABOR PARK
19 Rev. 01/26/2024
Packet Page 135 of 634Attachment 2 Page 19 of 38

Docusign Envelope ID: 062432B0-E6F1-4CC9-8258-DB039123625A

TOLENAS PARK
AM-10
20 Rev. 01/26/2024
Packet Page 136 of 634Attachment 2 Page 20 of 38

Docusign Envelope ID: 062432B0-E6F1-4CC9-8258-DB039123625A

KENTUCKY STREET TOT LOT

UTAH STREET TOT LOT
21 Rev.01/26/2024
Packet Page 137 of 634Attachment 2 Page 21 of 38

Docusign Envelope ID: 062432B0-E6F1-4CC9-8258-DB039123625A

VETERA NS PARK
22 Rev.01/26/2024
Packet Page 138 of 634Attachment 2 Page 22 of 38

Docusign Envelope ID: 062432B0-E6F1-4CC9-8258-DB039123625A WATERMAN BLVD. & HILBORN RD.

D ~ Maintenance Area
■ = Ivy Area Not Included
AM-13
23 Rev. 01/26/2024
Packet Page 139 of 634Attachment 2 Page 23 of 38

Docusign Envelope ID: 062432B0-E6F1-4CC9-8258-DB039123625A

WOODCREEK PARK
AM-14
24 Rev.01/26/2024
Packet Page 140 of 634Attachment 2 Page 24 of 38

Docusign Envelope ID: 062432B0-E6F1-4CC9-8258-DB039123625A

ADDENDUM A
MCagwin&
lt~ Dorward H • I J • ' ,. • •• ~ ~ •
;J • -= l1) ,; , .,.,,
II' .o.• Cll') .'ltrl r.!0""'1
December 1, 2023
City of Fairfield Neighborhood Parks

ADDENDUM A
Landscape Maintenance:

In addition to the Scope of Work desc ribed by the attached Spe<:mcaHons for Landscape Maintenance 112922, provided by Cagi,vin & Dorw ard, the following services will be performed:

Trash Removal
Cagwin & Dorw ard will provide trash pickup and bag replacement (2) times per week at all neighborhood parks. Da ys of service will va ry depending on the day that Cagwin & Dorward services each particular park.

The City of Fairfield will provide a dumpster for trash disposal at 3200 N. Texas Street. 25 Rev. 01/26/2024
Packet Page 141 of 634Attachment 2 Page 25 of 38

Docusign Envelope ID: 062432B0-E6F1-4CC9-8258-DB039123625A EXHIBIT "B"

PAYMENT
1) The total contract price for services rendered by CONTRACTOR under this Agreement shall not exceed $417,328.00 for the initial 16-month term, which is in effect September 1,2024 through December 31, 2025.
2) Payment shall be made to CONTRACTOR based on monthly progress billings and final invoice. Final invoice to be submitted on completion of scope of work set forth in Exhibit "A". 3) Any additional meetings or work required beyond that set forth in Exhibit "A" shall be mutually agreed to by the CITY and CONTRACTOR, and shall be billed on a time and materials basis to the City of Fairfield.
26 Rev.01/26/2024
Packet Page 142 of 634Attachment 2 Page 26 of 38

Oocusign Envelope ID: 062432B0-E6F1-4CC9-8258-OB039123625A Exhibit "B-1"

NEIGHBORHOOD PARKS BID SHEET
Item Item of Work Unit Quantity Unit Total Price
No Price

1. Dover Park Month 16 $2,146.00 $34,336.00

2. Hillview Park Month 16 $1,659.00 $26,544.00

3. Lee Bell Park Month 16 $2,425.00 $38,800.00

4. Mankas Park Month 16 $1,830.00 $29,280.00

5. Meadow Park/Dover Trail Month 16 $2,418.00 $38,688.00

6. Meadow Glen Park Month 16 $1,087.00 $17,392.00

7. Rolling Hills Park Month 16 $1,481.00 $23,696.00

8. Sunrise Park Month 16 $1,889.00 $30,224.00

9. Camrose Park Month 16 $1,009.00 $16,144.00

10. Tabor Park Month 16 $1,857.00 $29,71 2.00

11. Tolenas Park Month 16 $1,709.00 $27,344.00

12. Kentucky Tot Lot Month 16 $808.00 $12,928.00

13. Utah Tot Lot Month 16 $611.00 $9,77 6.00

14. Veterans Park Month 16 $1,797.00 $28,752.00

15. Waterman Blvd & Hilborn Rd Month 16 $1,501.00 $24,016.00

16. Woodcreek Park Month 16 $1,856.00 $29,696.00
TOTAL BID: $417,328.00
27 Rev. 01/26/2024
Packet Page 143 of 634Attachment 2 Page 27 of 38

Docusign Envelope ID: 062432B0-E6F1-4CC9-8258-DB039123625A EXHIBIT "C"

S) ASSIGNMENT PROHIBITED. No party to this Agreement may assign any right or obligation pursuant to this Agreement. Any attempted or purported assignment of any right or obligation pursuant to this Agreement shall be void and of no effect. 6) PERSONNEL. CONTRACTOR shall assign only competent personnel to perform services pursuant to this Agreement. In the event that CITY, in its sole discretion, at anytime during the term of this Agreement, desires the removal of any person or persons assigned by CONTRACTOR to perform services pursuant to this Agreement, CONTRACTOR shall remove any such person immediately upon receiving notice from CITY of the desire of CITY for the removal of such person or persons.
7) STANDARD OF PERFORMANCE. CONTRACTOR shall perform all services required pursuant to this Agreement. Services shall be performed in the manner and according to the standards observed by a competent practitioner of the profession in which CONTRACTOR is engaged in the geographical area in which CONTRACTOR practices his profession. All products which CONTRACTOR delivers to CITY pursuant to this Agreement shall be prepared in a workmanlike manner, and conform to the standards of quality normally observed by a person practicing in CONTRACTOR's profession. CITY shall be the sole judge as to whether the product of the CONTRACTOR is satisfactory.
28 Rev.01/26/2024
Packet Page 144 of 634Attachment 2 Page 28 of 38

Docusign Envelope ID: 062432B0-E6F1-4CC9-8258-DB039123625A 8) CANCELLATION OF AGREEMENT. This Agreement may be canceled at any time by the CITY at its discretion upon written notification to CONTRACTOR. CONTRACTOR is entitled to receive full payment for all services performed and all costs incurred up to and including the date of receipt of written notice to cease work on the project. CONTRACTOR shall be entitled to no further compensation for work performed after the date of receipt of written notice to cease work. All completed and incomplete products up to the date of receipt of written notice to cease work shall become the property of CITY.
9) PRODUCTS OF CONSULTING. All products of the CONTRACTOR created under this Agreement shall be the property of the CITY.
10) INDEMNIFY AND HOLD HARMLESS. CONTRACTOR shall indemnify, defend, and hold harmless the CITY, its officers, agents, employees and volunteers from all claims, suits, or actions of every name, kind and description, brought forth on account of injuries to or death of any person or damage to property arising from or connected with the willful misconduct, negligent acts, errors or omissions, ultra-hazardous activities, activities giving rise to strict liability, or defects in design by CONTRACTOR or any person directly or indirectly employed by or acting as agent for CONTRACTOR in the performance of this Agreement, including the concurrent or successive passive negligence of the CITY, its officers, agents, employees or volunteers.

It is understood that the duty of CONTRACTOR to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code.

Docusign Envelope ID: 062432B0-E6F1-4CC9-8258-DB039123625A conclusions, advice, recommendation, or counsel independent of the control and direction of the CITY or any CITY official, other than normal contract monitoring. In addition, CONTRACTOR possesses no authority with respect to any CITY decision beyond these conclusions, advice, recommendation, or counsel.
14) EMPLOYMENT DEVELOPMENT DEPARTMENT REPORTING REQUIREMENTS. When the CITY executes an agreement for or makes payment to CONTRACTOR in the amount of $600 (six hundred dollars) or more in any one calendar year, CONTRACTOR shall provide the following information to CITY to comply with Employment Development Department (EDD) reporting requirements:
a) Whether CONTRACTOR is doing business as a sole proprietorship, partnership, limited liability partnership, corporation, limited liability corporation, non-profit corporation or other form of organization.
b) If CONTRACTOR is doing business as a sole proprietorship, CONTRACTOR shall provide the full name, address and social security number or federal tax identification number of the sole proprietor.
c) If CONTRACTOR is doing business as other than a sole proprietorship, CONTRACTOR shall provide CONTRACTOR's federal tax identification number. 15) LABOR AND WAGE CODE GUIDELINES. Attention is directed to Section 1777.5 of the Labor Code as it applies to Apprenticeship Standards.

Attention is directed to the Federal Minimum wage rate requirements. If there is a difference between the minimum wage rates predetermined by the Secretary of Labor and the general prevailing wage rates determined by the Director of the California Department of Industrial relations for similar classifications of labor, the Contractor and subcontractors shall pay not less than the higher wage rates. The Department will not accept lower State wage rates not specifically included in the Federal minimum wage determinations. Where Federal wage determinations do not contain the State wage rate determination otherwise available for use by the Contractor and subcontractors, the Contractor and subcontractors shall pay not less than the Federal minimum wage rates, which most closely approximates the duties of the employees in question.
30 Rev.01/26/2024
Packet Page 146 of 634Attachment 2 Page 30 of 38

Docusign Envelope ID: 062432B0-E6F1-4CC9-8258-DB039123625A 16) CONTRACT BONDS (required for projects above $25k). The Contractor shall furnish two good and sufficient bonds in compliance with applicable federal and state laws. One of the bonds in the amount of one hundred percent {100%) of the contract price shall guarantee the faithful performance of the contract by the Contractor; and, in addition, by its terms, the faithful performance bond shall remain in full force and effect for a period of one {1) year from and after the completion and acceptance of said work to guarantee the repair and/or replacement of faulty workmanship and defective material. The other bond shall be a payment {labor and material) bond in the amount of one hundred percent {100%) of the contract price. Each respective bond shall be in the form set forth in the Articles of Agreement Section.

The City Engineer before execution of the contract by City may require that Contractor submit the documents enumerated in Code of Civil Procedure section 995.660 to verify the sufficiency of the surety or sureties on the contract bonds. 31 Rev.01/26/2024
Packet Page 147 of 634Attachment 2 Page 31 of 38

Docusign Envelope ID: 062432B0-E6F1-4CC9-8258-DB039123625A EXHIBIT "D"

INSURANCE REQUIREMENTS
CONSULTANT shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the CONSULTANT, its agents, representatives, or employees. 1) MINIMUM SCOPE AND LIMITS OF INSURANCE
a) Commercial General Liability coverage (occurrence Form CG 00 01) with minimum limits of $2,000,000 per occurrence for bodily injury, personal injury, products and completed operations, and property damage. If Commercial General Liability or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.
b) Automobile Liability coverage (Form CA 00 01 with Code 1 - any auto) with minimum limits of $2,000,000 per accident for bodily injury and property damage. c) Workers' Compensation insurance as required by the State of California and Employers' Liability insurance, each in the amount of $1,000,000 per accident for bodily injury or disease. 2) INDUSTRY SPECIFIC COVERAGES
If checked below, the following insurance is also required. □ Professional Liability Insurance/ Errors and Omissions Liability in the minimum amount of $1,000,000 per occurrence.

D Pollution Liability Insurance in the minimum amount of $1,000,000 per occurrence D Garage Keepers Insurance in the minimum amount of $1,000,000 per occurrence D Fidelity/ Crime/ Dishonesty Bond in the minimum amount of$ _ □ MCS-90 Endorsement to Business Automobile insurance for transportation of hazardous materials and pollutants
D Builder's Risk/ Course of Construction Insurance in the minimum amount of$ _ 3) INSURANCE PROVISIONS
a) DEDUCTIBLES AND SELF-INSURED RETENTIONS. Any deductibles or self-insured retentions must be declared to and approved by the CITY. At the option of the CITY, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the CITY, its officers, officials, employees and volunteers; or the CONSULTANT shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. b) The general and automobile liability policies (and if applicable, pollution liability, garage keepers liability and builder's risk policies) are to contain, or be endorsed to contain, the following provisions:
32 Rev.01/26/2024
Packet Page 148 of 634Attachment 2 Page 32 of 38

Docusign Envelope ID: 062432B0-E6F1-4CC9-8258-DB039123625A i) The CITY, its officers, officials, employees and volunteers are to be covered as insureds as respects: liability arising out of work or operations performed by or on behalf of the CONSULTANT; products and completed operations of the CONSULTANT; premises owned, occupied or used by the CONSULTANT; and automobiles owned, leased, hired or borrowed by the CONSULTANT. The coverage shall contain no special limitations on the scope of protection afforded to the CITY, its officers, officials, employees or volunteers. ii) For any claims related to this project, the CONSULTANT'S insurance coverage shall be primary insurance as respects the CITY, its officers, officials, employees and volunteers. Any insurance or self-insured maintained by the CITY, its officers, officials, employees or volunteers shall be in excess of the CONSULTANT'S insurance and shall not contribute with it. iii) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the CITY, its officers, officials, employees or volunteers.
iv) The CONSULTANT'S insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. v) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the CITY.
vi) The policy limits of coverage shall be made available to the full limits of the policy. The minimum limits stated above shall not serve to reduce the CONSULTANT'S policy limits of coverage.

Therefore, the requirements for coverage and limits shall be (1) the minimum coverage and limits specified in this agreement, or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named insured, whichever is greater. c) ACCEPTABILITY OF INSURER. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the CITY.

All insurance certificates and endorsements are to be received and approved by the CITY before work commences. At the request of the CITY, CONSULTANT shall provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications. d) SUB-CONTRACTORS. CONSULTANT shall require all subcontractors to procure and maintain insurance policies subject to the requirements of Exhibit D. Failure of CONSULTANT to verify existence of sub- contractor's insurance shall not relieve CONSULTANT from any claim arising from sub-contractors work on behalf of CONSUL TANT.
33 Rev.01/26/2024
Packet Page 149 of 634Attachment 2 Page 33 of 38

D o c u S ig n-
Certificate Of Completion
Envelope Id: 062432B0E6F14CC98258DB039123625A
Subject: Complete with Docusign: City of Fairfield-Cagwin&Dorward - Neighborhood Parks_2024.pdf Source Envelope:

Document Pages: 39
Certificate Pages: 4
Signatures:

Initials: 0
AutoNav: Enabled
Envelopeld Stamping: Enabled
Time Zone: (UTC-08:00) Pacific Time (US & Canada)
Status: Completed
Envelope Originator:

Valerie Standfill
1000 Webster Street
Community Development - Building Services
Fairfield, CA 94533
[email protected]
IP Address: 64.162.152.2
Record Tracking
Status: Original
7/22/2024 10:03:00 AM
Security Appliance Status: Connected
Storage Appliance Status: Connected
Signer Events
Delanie Boss
customer.service@ cagwin.com
Security Level: Email, Account Authentication
(None)
In Person Signer Events
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Envelope Sent
Envelope Updated
Certified Delivered
Signing Complete
Completed
Holder: Valerie Standfill
[email protected]
Pool: StateLocal
Pool: City of Fairfield
Signature
Status
Status
Status
Status
Status
Signature
Signature
Status
Hashed/Encrypted
Security Checked
Security Checked
Security Checked
Security Checked
Location: DocuSign
Location: DocuSign
Signature
~Signed by:
~~;,o~~~S-
Timestamp
Sent: 7/22/2024 10:05:17 AM
Viewed: 7/22/2024 4:55:37 PM
Signed: 8/1/2024 1 :24:39 PM
Signature Adoption: Pre-selected Style
Using IP Address: 135.180.31.98
Electronic Record and Signature Disclosure:

Accepted: 8/1/20241:16:58 PM
ID: cfc94937-ba15-40a2-875f-f6456f7a1601
Payment Events Status
Timestamp
Timestamp
Timestamp
Timestamp
Timestamp
Timestamp
Times tamp
Timestamp
Timestamps
7/22/2024 10:05:17 AM
8/1/2024 12:22:45 PM
7/22/2024 4:55:37 PM
8/1/2024 1 :24:39 PM
8/1/2024 1 :24:39 PM
Timestamps
Electronic Record and Signature Disclosure
Packet Page 150 of 634Attachment 2 Page 34 of 38

Electronic Record and Signature Disclosure created on: 2/3/2021 9:06:07 AM Parties agreed to: Delanie Boss

All notices and disclosures will be sent to you electronically Packet Page 151 of 634Attachment 2 Page 35 of 38

U n l e s s y o u te ll u s o t h e r w i s e in a c c o r d a n c e w ith th e p ro c e d u r e s d e s c r ib e d h e r e in , w e w ill p ro v id e e le c tro n ic a ll y to y o u thr o u g h th e D o c u S i g n s y s t e m a ll r e q u ir e d n o t ic e s , d is c lo s u r e s , a u t h o r iz a t io n s , a c kn o w le d g e m e n t s , a n d o t h e r d o c u m e n ts th a t a r e r e q u ir e d to b e p ro v id e d o r m a d e a v a ila b le to y o u d u r in g th e c o u r s e o f o u r r e la t io n s h ip w ith y o u . T o r e d u c e th e c h a n c e o f y o u in a d v e r t e n t l y n o t r e c e iv i n g a n y n o t ic e o r d is cl o s u r e , w e p r e fe r to p ro v id e a ll o f th e r e q u ir e d n o t ic e s a n d d i s cl o s u r e s to y o u b y th e s a m e m e th o d a n d to th e s a m e a d d r e s s th a t y o u h a v e g iv e n u s . T h u s , y o u c a n r e c e iv e a ll th e d i s cl o s u r e s a n d n o tic e s e le c tro n ic a ll y o r in p a p e r fo rm a t thr o u g h th e p a p e r m a il d el i v e r y s y s t e m . If you do not agree with this process, please let us know as described below. Please also see the paragraph immediately above that describes the consequences of your electing not to receive delivery of the notices and disclosures electronically from us.

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Packet Page 152 of 634Attachment 2 Page 36 of 38

i. d e c li n e to s i g n a d o c u m e n t fr o m w i t h in y o u r s ig n in g s e s s io n , a n d o n th e s u b s e q u e n t p a g e , s e le c t th e c h e c k -b o x in d i c a t in g y o u w is h to w ith d ra w y o u r c o n s e n t, o r y o u m a y ; ii . s e n d u s a n e m a il to j b e rt a n y @ fa ir fi e ld .c a .g o v a n d in th e b o d y o f s u c h r e q u e s t y o u m u s t s ta te y o u r e m a i l , fu ll n a m e , m a ili n g a d d r e s s , a n d te le p h o n e n u m b e r . W e d o n o t n e e d a n y o t h e r in fo rm a t i o n fr o m y o u to w i t h d ra w c o n s e n t.. T h e c o n s e q u e n c e s o f y o ur w ith d ra w in g c o n s e n t fo r o n li n e d o c u m e n t s w ill b e th a t tra n s a c t io n s m a y ta k e a lo n g e r tim e to p ro c e s s ..

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Packet Page 154 of 634Attachment 2 Page 38 of 38

Agenda Item No: 12.

AGENDA REPORT
DATE:August 20, 2024
TO:Mayor and City Council
FROM:David Gassaway, City Manager
SUBJECT:Resolution 2024203 of the City Council of the City of Fairfield Approving a Contractor Services Agreement with Cagwin & Dorward, LLC for Landscape Maintenance Services at Various Water Facilities
RECOMMENDED ACTION
Adopt resolution.

STATEMENT OF ISSUE
Approval of the attached resolution will authorize the city manager to execute a contractor services agreement with Cagwin & Dorward, LLC (Cagwin & Dorward) in the amount of $138,128 for landscape maintenance services at various water facilities, including the North Bay Regional Water Treatment Plant, Waterman Water Treatment Plant, Eastridge Reservoir, Southbrook Pump Station #1, Southbrook Pump Station #2, Rancho Solano Pump Station, and Gold Ridge Pump Station.

DISCUSSION
The previous agreement with Dominguez Landscaping Services (Dominguez) for landscape maintenance services for services at various water facilities, including the North Bay Regional Water Treatment Plant, Waterman Water Treatment Plant, Eastridge Reservoir, Southbrook Pump Station #1, Southbrook Pump Station #2, Rancho Solano Pump Station, and Gold Ridge Pump Station expired in December 2023, after Dominguez unexpectedly moved their operations out of Solano County. Since then, maintenance has been provided by Cagwin & Dorward on a monthtomonth basis under a service contract while the Public Works Operations Division solicited bids and negotiated contracts.

Pursuant to Chapter 28.31 of the Fairfield Municipal Code, contracts for landscape maintenance services may be let on the basis of demonstrated competence and professional qualifications. For nearly 70 years, Cagwin & Dorward has been a wellestablished landscape service provider in Northern California, offering fullservice solutions, specializing in installing landscapes for highend residential and commercial properties throughout Northern California.

Agenda Item No: 12.AGENDA REPORTDATE:August 20, 2024 TO:Mayor and City CouncilFROM:David Gassaway, City ManagerSUBJECT:Resolution 2024203 of the City Council of the City of Fairfield Approving a ContractorServices Agreement with Cagwin & Dorward, LLC for Landscape MaintenanceServices at Various Water FacilitiesRECOMMENDED ACTIONAdopt resolution.STATEMENT OF ISSUEApproval of the attached resolution will authorize the city manager to execute a contractor servicesagreement with Cagwin & Dorward, LLC (Cagwin & Dorward) in the amount of $138,128 for landscapemaintenance services at various water facilities, including the North Bay Regional Water TreatmentPlant, Waterman Water Treatment Plant, Eastridge Reservoir, Southbrook Pump Station #1,Southbrook Pump Station #2, Rancho Solano Pump Station, and Gold Ridge Pump Station.DISCUSSIONThe previous agreement with Dominguez Landscaping Services (Dominguez) for landscapemaintenance services for services at various water facilities, including the North Bay Regional WaterTreatment Plant, Waterman Water Treatment Plant, Eastridge Reservoir, Southbrook Pump Station #1,Southbrook Pump Station #2, Rancho Solano Pump Station, and Gold Ridge Pump Station expired inDecember 2023, after Dominguez unexpectedly moved their operations out of Solano County. Sincethen, maintenance has been provided by Cagwin & Dorward on a monthtomonth basis under aservice contract while the Public Works Operations Division solicited bids and negotiated contracts.Pursuant to Chapter 28.31 of the Fairfield Municipal Code, contracts for landscape maintenanceservices may be let on the basis of demonstrated competence and professional qualifications. Fornearly 70 years, Cagwin & Dorward has been a wellestablished landscape service provider inNorthern California, offering fullservice solutions, specializing in installing landscapes for highendresidential and commercial properties throughout Northern California.

The approval of the attached resolution will authorize the city manager to execute a contractor services agreement with Cagwin & Dorward in the amount of $138,128 for landscape maintenance services at various water facilities ($57,520 for the North Bay Regional Water Treatment Plant, $29,568 for the Waterman Water Treatment Plant, $27,488 for the Eastridge Reservoir, $9,216 for the Southbrook Pump Station #1, $5,824 for the Southbrook Pump Station #2, $4,256 for the Rancho Solano Pump Station, and $4,256 for the Gold Ridge Pump Station). The initial term of the agreement is from September 1, 2024, through December 31, 2025, with an option to extend for up to four additional terms of up to 24 months each term.

FINANCIAL IMPACT
Total authorization for the Water Facilities service agreement is $138,128 for the initial 16month term starting September 1, 2024, through December 31, 2025, of which $57,520 will be paid from the NBR Joint (2/3 Fairfield & 1/3 Vacaville) Fund (Organization Code 46560800), $29,568 will be paid from the Waterman Treatment Plant Fund (Organization Code 46160604), and $51,040 will be paid from the Pump StationsReservoirs Fund (Organization Code 46160607).

STAFF CONTACT
Valerie Standfill, Management Analyst
(707) 4287055
[email protected]
COORDINATED WITH
N/A
ATTACHMENTS:

Description
Proposed Resolution
Proposed Agreement
REVIEWERS:

Reviewer Action Date
Chaudhary, Savita Approved 8/6/2024 7:21 PM
Beavers, Esther Approved 8/6/2024 8:25 PM
Beavers, Esther Approved 8/6/2024 8:26 PM
Packet Page 156 of 634

CITY OF FAIRFIELD

RESOLUTION NO. 2024-203

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

CONTRACTOR SERVICES AGREEMENT WITH CAGWIN & DORWARD, LLC FOR LANDSCAPE

MAINTENANCE SERVICES AT VARIOUS WATER FACILITIES

WHEREAS, landscaping services at various water facilities are funded by the Enterprise Water Utilities Fund; and

WHEREAS, the City wishes to enter into a new contractor services agreement with Cagwin & Dorward, LLC for landscape maintenance services at various water facilities.

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

Section 1. The city manager or designee is hereby authorized and directed to execute on behalf of the City of Fairfield a contractor services agreement (Agreement) between the City of Fairfield and Cagwin & Dorward, LLC for landscape maintenance services at various water facilities, including the North Bay Regional Water Treatment Plant in the amount of $57,520, the Waterman Water Treatment Plant in the amount of $29,568, the Eastridge Reservoir in the amount of $27,488, the Southbrook Pump Station #1 in the amount of $9,216, the Southbrook Pump Station #2 in the amount of $5,824, the Rancho Solano Pump Station in the amount of $4,256, and the Gold Ridge Pump Station in the amount of $4,256, for a total authorization of $138,128 for an initial 16-month term beginning September 1, 2024, and ending December 31, 2025.

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RES. NO. 2024-203

Page 2 ends

Fairfield City CouncilAugust 20, 2024

Fairfield City Council
August 20, 2024