Agenda — Fairfield City Council, September 17, 2024

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 phone (408) 6380968, Webinar ID: 890 6021 3840, Passcode: 7074287400 CALL TO ORDER 6:00 PM
ROLL CALL
Councilmember Doug Carr
Councilmember Doriss Panduro
Councilmember Scott Tonnesen
Councilmember Rick Vaccaro
Councilmember K. Patrice Williams
Vice Mayor Pam Bertani
Mayor Catherine "Cat" Moy
INVOCATION PASTOR ANDRE DAVIS, BAND OF BELIEVERS
PLEDGE OF ALLEGIANCE
COUNCIL REPORTS
CITY MANAGER REPORT
CITY ATTORNEY REPORT
CITY CLERK REPORT

PRESENTATIONS

1.Proclamation and Poem Declaring Hispanic Heritage Month Presented by Councilmember Doriss Panduro and Poet Laureate Suzanne Bruce
Contact:Karen Rees, (707) 4287767
a

2.Proclamation Declaring Constitution Week Presented by Vice Mayor Pam Bertani Contact:Karen Rees, (707) 4287767
a
PUBLIC COMMENTS
PUBLIC COMMENTS
Persons wishing to address the City Council on subjects not on the agenda but within the jurisdiction of the council may do so at this time. The council cannot discuss or take action on matters not on the agenda for this meeting, but councilmembers may briefly respond to statements made or questions raised by the public, ask for clarification from staff, refer the matter to staff, request staff to report back to the council at a subsequent meeting, or place the matter on a future agenda. To speak on an agenda item please use the “raise your hand” feature or press *9 on your phone. Speakers are limited to three minutes per item.

CONVENE MEETING OF THE HOUSING AUTHORITY
The holding of a joint meeting of the City Council and Housing Authority entitles the councilmembers to receive additional compensation of $35 for attending this joint meeting.

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

3.Resolution HA2024 04 of the Fairfield Housing Authority Pursuant to the Surplus Land Act Declaring that Certain Real Properties Owned by the Fairfield Housing Authority are Surplus Land and Not Necessary for the Fairfield Housing Authority’s Use and; Resolution 2024224 of the City Council of the City of Fairfield Pursuant to the Surplus Land Act Declaring that Certain Real Properties Owned by the Fairfield Housing Authority are Surplus Land or Exempt Surplus Land, as Applicable, and Not Necessary for the City of Fairfield’s Use
Recommended Action
Adopt resolutions.

Funding Source
N/A
Contact:LaTanya Terrones, (707) 4287454
a
RECONVENE MEETING OF THE CITY COUNCIL
CONSENT CALENDAR
All matters listed on the Consent Calendar are to be approved with one motion unless a member of the City Council or the public requests that separate action be taken on a specific item.

4.Approval of Meeting Minutes from August 2024
Recommended Action
Approve the meeting minutes.

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

5.Resolution 2024225 of the City Council of the City of Fairfield Approving a Subscription Agreement for Agenda Management Software from eScribe Software Ltd Recommended Action
Adopt resolution.

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Funding Source
$158,125; Computer Fund
Contact:Savita Chaudhary, (707) 4287582
a

6.Resolution 2024226 of the City Council of the City of Fairfield Approving a Professional Services Agreement for Fiber Network Consulting from Smart Fiber Networks and Authorizing an Update to the Fiscal Year 20242025 Budget
Recommended Action
Adopt resolution.

Funding Source
$300,000; Intergovernmental Services Fund
Contact:Savita Chaudhary, (707) 4287582
a

7.Resolution 2024227 of the City Council of the City of Fairfield Accepting the North Bay Regional Water Treatment Plant Laboratory Improvement Project as Complete Recommended Action
Adopt resolution.

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

8.Resolution 2024228 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 Shpigler Consulting, Inc. for Advanced Metering Infrastructure Project Management Support Recommended Action
Adopt resolution.

Funding Source
$432,000; Water Enterprise Capital Fund
Contact:Michael J. Hether, (707) 4287493
a

9.Resolution 2024229 of the City Council of the City of Fairfield Authorizing Amendment No. 1 to Task Order No. 4 for DKS Associates to Provide Additional Engineering and Design Services for the Adaptive Signal Control Technology Project
Recommended Action
Adopt resolution.

Funding Source
$66,273; Capital Streets Fund
Contact:Phil Layoso, (707) 4287505
a

10.Resolution 2024230 of the City Council of the City of Fairfield Authorizing an Update to the Fiscal Year 2024–2025 Budget for the Red Top Road Widening Improvements and Phase 3 Master Infrastructure Clay Bank Road Improvements
Recommended Action
Adopt resolution.

Funding Source
$121,000; State Gas Tax Fund
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CITY OF FAIRFIELDFAIRFIELD CITY COUNCILCONCURRENT MEETINGTUESDAY, SEPTEMBER 17, 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 PASTOR ANDRE DAVIS, BAND OF BELIEVERSPLEDGE OF ALLEGIANCECOUNCIL REPORTSCITY MANAGER REPORTCITY ATTORNEY REPORTCITY CLERK REPORTPRESENTATIONS1.Proclamation and Poem Declaring Hispanic Heritage Month Presented by CouncilmemberDoriss Panduro and Poet Laureate Suzanne BruceContact:Karen Rees, (707) 4287767a2.Proclamation Declaring Constitution Week Presented by Vice Mayor Pam BertaniContact:Karen Rees, (707) 4287767aPUBLIC COMMENTS PUBLIC COMMENTSPersons wishing to address the City Council on subjects not on the agenda but within the jurisdictionof the council may do so at this time. The council cannot discuss or take action on matters not on theagenda for this meeting, but councilmembers may briefly respond to statements made or questionsraised by the public, ask for clarification from staff, refer the matter to staff, request staff to report backto the council at a subsequent meeting, or place the matter on a future agenda. To speak on anagenda item please use the “raise your hand” feature or press *9 on your phone. Speakers arelimited to three minutes per item.CONVENE MEETING OF THE HOUSING AUTHORITYThe holding of a joint meeting of the City Council and Housing Authority entitles thecouncilmembers to receive additional compensation of $35 for attending this joint meeting.ROLL CALLCommissioner Doug CarrCommissioner Doriss PanduroCommissioner Scott TonnesenCommissioner Rick VaccaroCommissioner K. Patrice Williams Vice Chair Pam BertaniChair Catherine "Cat" MoyJOINT MEETING CITY COUNCIL & HOUSING AUTHORITY CONSENT CALENDARHOUSING AUTHORITY CONSENT CALENDAR NOTICEAll matters listed on the Consent Calendar are to be approved with one motion unless a member ofthe Authority or the public requests that separate action be taken on a specific item.3.Resolution HA2024 04 of the Fairfield Housing Authority Pursuant to the Surplus Land ActDeclaring that Certain Real Properties Owned by the Fairfield Housing Authority are SurplusLandandNotNecessaryfortheFairfield Housing Authority’s Use and;Resolution 2024224 of the City Council of the City of Fairfield Pursuant to the Surplus LandAct Declaring that Certain Real Properties Owned by the Fairfield Housing Authority areSurplus Land or Exempt Surplus Land, as Applicable, and Not Necessary for the City ofFairfield’s UseRecommended ActionAdopt resolutions.Funding SourceN/AContact:LaTanya Terrones, (707) 4287454aRECONVENE MEETING OF THE CITY COUNCILCONSENT CALENDARAll matters listed on the Consent Calendar are to be approved with one motion unless a member ofthe City Council or the public requests that separate action be taken on a specific item.4.Approval of Meeting Minutes from August 2024Recommended ActionApprove the meeting minutes.Funding SourceN/AContact:Esther Beavers, (707) 4287402a5.Resolution 2024225 of the City Council of the City of Fairfield Approving a SubscriptionAgreement for Agenda Management Software from eScribe Software LtdRecommended ActionAdopt resolution. Funding Source$158,125; Computer FundContact:Savita Chaudhary, (707) 4287582a6.Resolution 2024226 of the City Council of the City of Fairfield Approving a ProfessionalServices Agreement for Fiber Network Consulting from Smart Fiber Networks and Authorizingan Update to the Fiscal Year 20242025 BudgetRecommended ActionAdopt resolution.Funding Source$300,000; Intergovernmental Services FundContact:Savita Chaudhary, (707) 4287582a7.Resolution 2024227 of the City Council of the City of Fairfield Accepting the North BayRegional Water Treatment Plant Laboratory Improvement Project as CompleteRecommended ActionAdopt resolution.Funding SourceN/AContact:Roger Dunham, (707) 4287478a8.Resolution 2024228 of the City Council of the City of Fairfield Authorizing the City Manager toExecute a Professional Services Agreement Between the City of Fairfield and ShpiglerConsulting, Inc. for Advanced Metering Infrastructure Project Management SupportRecommended ActionAdopt resolution.Funding Source$432,000; Water Enterprise Capital FundContact:Michael J. Hether, (707) 4287493a9.Resolution 2024229 of the City Council of the City of Fairfield Authorizing Amendment No. 1 toTask Order No. 4 for DKS Associates to Provide Additional Engineering and Design Servicesfor the Adaptive Signal Control Technology ProjectRecommended ActionAdopt resolution.Funding Source$66,273; Capital Streets FundContact:Phil Layoso, (707) 4287505a10.Resolution 2024230 of the City Council of the City of Fairfield Authorizing an Update to theFiscal Year 2024–2025 Budget for the Red Top Road Widening Improvements and Phase 3Master Infrastructure Clay Bank Road ImprovementsRecommended ActionAdopt resolution.

Funding Source
$121,000; State Gas Tax Fund
Contact:Ryan Panganiban, (707) 4287017
a

11.Resolution 2024231 of the City Council of the City of Fairfield Approving Credit Card Processing Fees "Convenience Fees" to be Passed on to the End Users Recommended Action
Adopt resolution.

Funding Source
N/A
Contact:John Furtado, (707) 4287629
a
NEW BUSINESS

12.Minute Action Approving Mayor's Appointment to the Youth Commission Recommended Action
Approve appointments. Perform oath of office.

Funding Source
N/A
Contact:Karen Rees, (707) 4287767
a

13.Landscape Oversight Committee Update
Recommended Action
Receive report, open discussion, and provide direction to staff.

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

14.Resolution 2024232 of the City Council of the City of Fairfield Rejecting All Bids for the Heart of Fairfield Downtown Texas Streetscape Improvement Project – Phase 1B Improvements; and Resolution 2024233 of the City Council of the City of Fairfield Authorizing an Update to the Fiscal Year 20242025 Budget for the Heart of Fairfield Downtown Texas Streetscape Improvement Project – Phase 1B Improvements
Recommended Action
Adopt resolutions.

Funding Source
$785,070 ($435,070, Intergovernmental Loan Fund; $350,000, AB1600 Urban Design and Art Fund)
Contact:Pavan Prasad, (707) 4287431; Ryan Panganiban, (707) 4287017 a
ADJOURN TO TUESDAY, OCTOBER 1, 2024, 6:00 P.M., HARRY T. PRICE MEMORIAL COUNCIL CHAMBER.

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

PUBLIC NOTIFICATION
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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, September 11, 2024.

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Agenda Item No: 3.

AGENDA REPORT
DATE:September 17, 2024
TO:Fairfield Housing Authority Chair and Commissioners and Mayor and City Council FROM:David Gassaway, Executive Director
SUBJECT:Resolution HA2024 04 of the Fairfield Housing Authority Pursuant to the Surplus Land Act Declaring that Certain Real Properties Owned by the Fairfield Housing Authority are Surplus Land and Not Necessary for the Fairfield Housing Authority’s Use and; Resolution 2024224 of the City Council of the City of Fairfield Pursuant to the Surplus Land Act Declaring that Certain Real Properties Owned by the Fairfield Housing Authority are Surplus Land or Exempt Surplus Land, as Applicable, and Not Necessary for the City of Fairfield’s Use
RECOMMENDED ACTION
Adopt resolutions.

STATEMENT OF ISSUE
Government Code Section 54221 requires cities to adopt a resolution declaring real property surplus land before disposing of or leasing the properties.

DISCUSSION
The Fairfield Housing Authority (FHA) is the owner of the properties located at 460 Tabor Avenue (assessor's parcel number [APN]: 0030051460); 421 Madison Avenue (APN: 0030275010); and a portion of the Strassberger Site (APN: 0170221010 to 120 and 0170222010 to 130). The City of Fairfield (City) is the owner of the other portion of the Strassberger site (APN 170222140, 170222 150 and 170221120). FHA and the City have determined that under the Surplus Land Act (Act), Government Code Sections 5422054223, the properties are not necessary for the two entities use and are therefore surplus (collectively surplus properties). Each of the properties are a vacant parcel.

Before the council and the FHA dispose of, or negotiate to dispose of, the surplus properties, the Act requires a written notice of availability (NOA). The NOA must include the location and a description of the Surplus Properties, which must be sent to certain designated entities. The FHA and the City must send the NOA by email or certified mail to the designated entities set forth below:
a) Certified Housing Sponsors that have notified the Department of Housing and Community Development (HCD) of their interest in receiving notices of availability (to develop low and moderate Packet Page 7 of 126

If a designated entity is interested in purchasing or leasing the Surplus Properties for an authorized purpose, it must notify the FHA and the City in writing within 60 days of the NOA.

If the FHA and the City receive a notice of interest from one or more designated entities within the 60 day period that complies with the Act, the FHA, and the City must enter into good faith negotiations for a period of at least 90 days. If the FHA and the City do not receive any notices of interest within the 60 days or if the FHA and the City do not agree on price and terms with any of the entities who responded to the NOA during the negotiation period, the FHA may dispose of the Surplus Properties without further regard to the Act. However, certain restrictive covenants must be recorded by the FHA against the land before the entitlement of that land. Further, the FHA cannot disallow residential use as a condition of any sale.

Specifically, the recorded covenants must stipulate that if ten or more residential units are ultimately developed on the Surplus Properties, not less than 15% of the total residential units produced shall be made available as affordable housing for lowerincome households. The covenants restricting the affordable units shall be recorded, and a copy of the recorded covenants shall be provided to HCD. The covenants include any future reuse of the surplus properties and locking in the affordability requirement for future residential development.

The Act does not restrict the FHA's or City's authority or discretion to approve land use, zoning, or entitlement decisions concerning the surplus properties. Nor does it limit the power of the FHA to sell or lease the Surplus Properties for fair or less than fair market value.

FINANCIAL IMPACT
While declaring the land surplus has no financial impact, it is estimated that proceeds from the disposition of the FHAowner properties may generate $ 5,000,000 $20,000,000. The funds will be deposited into the Housing Authority Low Mod Account (Fund 152).

PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
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Agenda Item No: 3.AGENDA REPORTDATE:September 17, 2024 TO:Fairfield Housing Authority Chair and Commissioners and Mayor and City CouncilFROM:David Gassaway, Executive DirectorSUBJECT:Resolution HA2024 04 of the Fairfield Housing Authority Pursuant to the Surplus LandAct Declaring that Certain Real Properties Owned by the Fairfield Housing AuthorityareSurplusLandandNotNecessaryfortheFairfield Housing Authority’s Use and;Resolution 2024224 of the City Council of the City of Fairfield Pursuant to the SurplusLand Act Declaring that Certain Real Properties Owned by the Fairfield HousingAuthority are Surplus Land or Exempt Surplus Land, as Applicable, and NotNecessary for the City of Fairfield’s UseRECOMMENDED ACTIONAdopt resolutions.STATEMENT OF ISSUEGovernment Code Section 54221 requires cities to adopt a resolution declaring real property surplusland before disposing of or leasing the properties.DISCUSSIONThe Fairfield Housing Authority (FHA) is the owner of the properties located at 460 Tabor Avenue(assessor's parcel number [APN]: 0030051460); 421 Madison Avenue (APN: 0030275010); and aportion of the Strassberger Site (APN: 0170221010 to 120 and 0170222010 to 130). The City ofFairfield (City) is the owner of the other portion of the Strassberger site (APN 170222140, 170222150 and 170221120). FHA and the City have determined that under the Surplus Land Act (Act),Government Code Sections 5422054223, the properties are not necessary for the two entities use andare therefore surplus (collectively surplus properties). Each of the properties are a vacant parcel.Before the council and the FHA dispose of, or negotiate to dispose of, the surplus properties, the Actrequires a written notice of availability (NOA). The NOA must include the location and a description ofthe Surplus Properties, which must be sent to certain designated entities. The FHA and the City mustsend the NOA by email or certified mail to the designated entities set forth below:a) Certified Housing Sponsors that have notified the Department of Housing and CommunityDevelopment (HCD) of their interest in receiving notices of availability (to develop low and moderateincome housing). b) Local public entities located in the same jurisdiction as the Surplus Property. (for the purpose ofdeveloping low and moderateincome housing). "Local public entities" include cities, counties, citiesand counties, the governing bodies of Indian reservations or rancherias, housing authorities, and anystate agency, public district, or other political subdivision of the State, and any instrumentality thereofauthorized to engage in or assist in the development of or operation of housing for low or moderateincome households. "Local public entities" also include joint power authorities.c) The Park and Recreation Department of any city or county within which the Surplus Properties arelocated; any regional park authority having jurisdiction within the area in which the Surplus Properties islocated; and the State Resources Agency or any agency that succeeds to its powers if the NOA is foropen space purposes.d) Any school district in whose jurisdiction the Surplus Property is located (for land suitable for schoolfacilities construction or use by a school district for open space purposes).e) Any county, city, city and county, successor agency to a former redevelopment agency, publictransportation agency, or housing authority within whose jurisdiction the Surplus Properties is located ifthe Surplus Properties is in an infill opportunity zone or an area covered by a transit village planadopted according to the Transit Village Development Planning Act of 1994.If a designated entity is interested in purchasing or leasing the Surplus Properties for an authorizedpurpose, it must notify the FHA and the City in writing within 60 days of the NOA.If the FHA and the City receive a notice of interest from one or more designated entities within the 60day period that complies with the Act, the FHA, and the City must enter into good faith negotiations for aperiod of at least 90 days. If the FHA and the City do not receive any notices of interest within the 60days or if the FHA and the City do not agree on price and terms with any of the entities who respondedto the NOA during the negotiation period, the FHA may dispose of the Surplus Properties without furtherregard to the Act. However, certain restrictive covenants must be recorded by the FHA against the landbefore the entitlement of that land. Further, the FHA cannot disallow residential use as a condition of anysale.Specifically, the recorded covenants must stipulate that if ten or more residential units are ultimatelydeveloped on the Surplus Properties, not less than 15% of the total residential units produced shall bemade available as affordable housing for lowerincome households. The covenants restricting theaffordable units shall be recorded, and a copy of the recorded covenants shall be provided to HCD. Thecovenants include any future reuse of the surplus properties and locking in the affordability requirementfor future residential development.The Act does not restrict the FHA's or City's authority or discretion to approve land use, zoning, orentitlement decisions concerning the surplus properties. Nor does it limit the power of the FHA to sell orlease the Surplus Properties for fair or less than fair market value.FINANCIAL IMPACTWhile declaring the land surplus has no financial impact, it is estimated that proceeds from thedisposition of the FHAowner properties may generate $ 5,000,000 $20,000,000. The funds will bedeposited into the Housing Authority Low Mod Account (Fund 152).

PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
N/A
ALTERNATIVE ACTION
The FHA Board and the City of Fairfield can declare all the listed properties as surplus and no longer needed for its use; however, should the City or the FHA decide to declare some or all the properties not surplus, the FHA and the City will be prohibited from disposing of the properties.

STAFF CONTACT
LaTanya Terrones
(707) 4287454
[email protected]
COORDINATED WITH
City Attorney's Office, Community Development Department ATTACHMENTS:

Description
Proposed ResolutionFHA
Proposed ResolutionCC
Exhibit A
Exhibit B
REVIEWERS:

Reviewer Action Date
Beavers, Esther Approved 9/4/2024 1:44 PM
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FAIRFIELD HOUSING AUTHORITY

RESOLUTION NO. HA2024-04

RESOLUTION OF THE FAIRFIELD HOUSING AUTHORITY PURSUANT TO THE SURPLUS LAND ACT

DECLARING THAT CERTAIN REAL PROPERTIES OWNED BY THE FAIRFIELD HOUSING

AUTHORITY ARE SURPLUS LAND AND NOT NECESSARY FOR THE FAIRFIELD HOUSING

AUTHORITY'S USE

WHEREAS, the City of Fairfield Housing Authority (FHA) is the owner in fee simple of those certain real properties described in the Surplus Land List (Exhibit A) and the Surplus Land Aerial Maps (Exhibit B), attached hereto and made a part hereof by this reference (Properties); and

WHEREAS, under the Surplus Property Land Act (Act), Government Code Sections 54220-54233, surplus land is land owned in fee simple by the FHA for which the Fairfield Housing Authority Board (Board) takes formal action in a regular public meeting declaring the land is surplus and not necessary for the FHA's use. The land must be declared either surplus land or exempt surplus land; and

WHEREAS, the Properties are vacant and are not currently in use by the FHA; and

WHEREAS, FHA staff has evaluated the Properties for their potential FHA use in work, operations, and facilities; and

WHEREAS, the Board desires to declare that the Properties identified in Exhibit A as surplus land are not necessary for the FHA's use; and

WHEREAS, the Act requires that before the City Council disposes of the Properties declared surplus land or engages in negotiations to dispose of such Properties, the City send a written notice of availability of the Properties to certain designated entities identified in the Act, in the manner required by the Act, and engage in good faith negotiations per the Act with any designated entities that have timely notified the City under the Act of their interest in leasing or purchasing the Properties for uses authorized by the Act; and

WHEREAS, the accompanying staff report provides supporting information on which the declarations and findings outlined in this resolution are based.

NOW, THEREFORE, THE FAIRFIELD HOUSING AUTHORITY HEREBY RESOLVES:

Section 1. The above recitals are true and correct and are a substantive part of this Resolution.

Section 2. Pursuant to Section 54221(b)(l) of the Act, the Board hereby declares the Prope rties identified in Exhibit A as surplus land and not necessary for the FHA's use. The Properties are not Packet Page 10 of 126Attachment 1 Page 1 of 2

RES. NO. HA2024-04

Page 2 ends

needed for FHA work, operations, or facilities. The zoning designations at the sites are either commercial or residential. Allowable commercial and mix-use uses are the highest and best use of the Properties as opposed to any potential use for the FHA.

Section 3. The city clerk is hereby directed to send a notice of availability for all properties designated as surplus land to the entities specified in Section 54222 of the Act (Designated Entities) by electronic mail or certified mail per the requirements of the Act.

Section 4. The officers and staff of the FHA are hereby authorized, jointly and severally, to do all they deem necessary or proper to effectuate the purposes of this Resolution, and any such actions previously taken are now ratified and confirmed. Such actions include negotiating in good faith per the Act's requirements with any of the Designated Entities that timely submit a written notice of interest to purchase or lease the Properties in compliance with the Act.

PASSED AND ADOPTED this 17th day of September 2024, by the following vote:

AYES: COMMISSIONERS: MOY/BERTANI/CARR/PANDURO/TONNESEN/VACCARO/WILLIAMS NOES: COMMISSIONERS: _________________________________________________ ABSENT: COMMISSIONERS: _________________________________________________ ABSTAIN: COMMISSIONERS: _________________________________________________

_________________________________________________
CHAIR
ATTEST:
___________________________

SECRETARY

Packet Page 11 of 126Attachment 1 Page 2 of 2

CITY OF FAIRFIELD

RESOLUTION NO. 2024-224

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAIRFIELD PURSUANT TO THE SURPLUS

LAND ACT DECLARING THAT CERTAIN REAL PROPERTIES OWNED BY THE FAIRFIELD HOUSING

AUTHORITY ARE SURPLUS LAND OR EXEMPT SURPLUS LAND, AS APPLICABLE, AND NOT

NECESSARY FOR THE CITY OF FAIRFIELD'S USE

WHEREAS, the city of Fairfield (City) is the owner in fee simple of those certain real properties described in the Surplus Land List (Exhibit A) and the Surplus Land Aerial Map (Exhibit B), attached hereto and made a part hereof by this reference (Properties); and

WHEREAS, under the Surplus Property Land Act (Act), Government Code Sections 54220-54233, surplus land is land owned in fee simple by the City for which the City Council (Council) takes formal action in a regular public meeting declaring the land is surplus and not necessary for th e City's use. The land must be declared either surplus land or exempt surplus land; and

WHEREAS, the Properties are vacant and are not currently in use by the City; and

WHEREAS, City staff has evaluated the Properties for their potential City use in work, operations, and facilities; and

WHEREAS, the council desires to declare that the Properties identified in Exhibit A are surplus land and not necessary for the City's use; and

WHEREAS, the Act requires that before the council disposes of the Properties declared surplus land or engages in negotiations to dispose of such Properties, the City send a written notice of availability of the Properties to certain designated entities identified in the Act, in the manner required by the Act, and engage in good faith negotiations per the Act with any designated entities that have timely notified the City under the Act of their interest in leasing or purchasing the Properties for uses authorized by the Act; and

WHEREAS, the accompanying staff report provides supporting information on which the declarations and findings outlined in this Resolution are based.

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

Section 1. The above recitals are true and correct and are a substantive part of this Resolution.

Section 2. Pursuant to Section 54221(b)(l) of the Act, the Council hereby declares the Properties identified in Exhibit A as surplus land and not necessary for the City's use. The Properties are not Packet Page 12 of 126Attachment 2 Page 1 of 2

RES. NO. 2024-224

Page 2 ends

needed for City work, operations, or facilities. The zoning designations at the sites are either commercial or residential. Allowable commercial and mix-use uses are the highest and best use of the Properties as opposed to any potential use for the City.

Section 3. The city clerk is hereby directed to send a notice of availability for all Properties designated as surplus land to the entities specified in Section 54222 of the Act (Designated Entities) by electronic mail or certified mail per the requirements of the Act.

Section 4. The officers and staff of the City are hereby authorized, jointly and severally, to do all they deem necessary or proper to effectuate the purposes of this Resolution, and any such actions previously taken are now ratified and confirmed. Such actions include negotiating in good faith per the Act's requirements with any of the Designated Entities that timely submit a written notice of interest to purchase or lease the Properties in compliance with the Act.

PASSED AND ADOPTED this 17th day of September 2024, by the following vote:

AYES: MEMBERS: MOY/BERTANI/CARR/PANDURO/TONNESEN/VACCARO/WILLIAMS NOES: MEMBERS: _________________________________________________ ABSENT: MEMBERS: _________________________________________________ ABSTAIN: MEMBERS: _________________________________________________

_________________________________________________
MAYOR
ATTEST:
___________________________

CITY CLERK

Packet Page 13 of 126Attachment 2 Page 2 of 2

REAL PROPERTY

SURPLUS LAND LIST

No. Address APN Description Owner Recommended
Designation

1. 460 Tabor Ave ( Corner of
Fairfield Ave Tabor Ave)
0030-051-460 Site previously housed a City of Fairfield water tower facility. The facility was decommissioned
and the site has been vacant ever since; 1.12 acres;
zoned RLM6 ( Residential Low/Medium Density
FHA Surplus

2. 421 Madison St. 0030-275-010 Vacant land; ± 2.2 acres; zoned HR ( residential in the Heart of Fairfield)
FHA Surplus

3. Strassberger Site 0170-221-010 to -120
and 0170-222-010 to -
130
Vacant land; ± 37 acres; zoned HD-P1 FHA Surplus

Packet Page 14 of 126Attachment 3 Page 1 of 1

SURPLUS REAL PROPERTY AERIAL MAP AND PROPERTY PROFILE
PROPERTY NO. 1

PROPERTY PROFILE
Address: 460 Tabor Ave
APN: 0033-051-460
Ownership: Fairfield Housing Authority
Size: ±1.12 acres
Zoning: RLM:6 (Residential Low/Medium Density)
Notes: Site previously housed a City of Fairfield water tower facility. The facility was decommissioned and the site has been vacant ever since.

Packet Page 15 of 126Attachment 4 Page 1 of 3

SURPLUS REAL PROPERTY AERIAL MAP AND PROPERTY PROFILE
PROPERTY NO. 2

PROPERTY PROFILE
Address: 421 Madison St.

APN: 0030-275-010
Ownership: Fairfield Housing Authority
Size: ± 2.20 acres
Zoning: HR ( Residential in the Heart of Fairfield)
Notes: The City of Fairfield acquired the site as a land swap with the Fairfield-Suisun Unified School District for the purpose of a private sale and development of a residential project.

Packet Page 16 of 126Attachment 4 Page 2 of 3

SURPLUS REAL PROPERTY AERIAL MAP AND PROPERTY PROFILE
PROPERTY NO. 3

PROPERTY PROFILE
Address: Strassberger Industrial Park
APN: FHA: 0170-221-010 to -120 and 0170-222-010 to -130; COF: 170-222-140,-150 and 170-221-120 Ownership: Fairfield Housing Authority and City of Fairfield Size: ± 45 acres
Zoning: CM ( Mixed Commercial); REC ( Recreation); RM (Medium Density Residential) Notes: The property is vacant land.

Packet Page 17 of 126Attachment 4 Page 3 of 3

Agenda Item No: 4.

AGENDA REPORT
DATE:September 17, 2024
TO:Mayor and City Council
FROM:David Gassaway, City Manager
SUBJECT:Approval of Meeting Minutes from August 2024
RECOMMENDED ACTION
Approve the meeting minutes.

STATEMENT OF ISSUE
Minutes need approval by the City Council.

DISCUSSION
The City Council Minutes for August 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
Packet Page 18 of 126

Agenda Item No: 4.AGENDA REPORTDATE:September 17, 2024 TO:Mayor and City CouncilFROM:David Gassaway, City ManagerSUBJECT:Approval of Meeting Minutes from August 2024RECOMMENDED ACTIONApprove the meeting minutes.STATEMENT OF ISSUEMinutes need approval by the City Council.DISCUSSIONThe City Council Minutes for August 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 8202024 Attachment 2: City Council Minutes 8202024
REVIEWERS:

Reviewer Action Date
Beavers, Esther Approved 9/9/2024 5:06 PM
Packet Page 19 of 126

CITY OF FAIRFIELD

CLOSED SESSION MEETING

SPECIAL MEETING
TUESDAY, AUGUST 20, 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

Vice Mayor Pam Bertani called the meeting to order at 5:01 p.m. City Attorney David Lim called roll.

Present in person were Councilmembers Doug Carr, Doriss Panduro (arrived at 5:03 p.m.), Scott Tonnesen, Rick Vaccaro, K. Patrice Williams, and Vice Mayor Pam Bertani. Mayor Catherine “Cat” Moy 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:

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Paragraph (1) of subdivision (d) of Section 54956.9
Name of Case: Jessica Fleshman v. City of Fairfield,
Solano County Superior Court case no. CU23-01799

Present were City Manager David Gassaway, City Attorney David Lim, Human Resources Director Farbod Pirouzmand, and Fire Chief John Sturdee.

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

CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Government Code 54956.8) Property: 9.97 Acres Adjacent to Gary Falati Park (TUSD) - APN: 0166-120-860 Agency Negotiator(s): David Gassaway, Dave Zellers
Negotiating Parties: Travis Unified School District & Lewis Group (dba Rancho Tolenas Corp.) Under Negotiation: City Acquisition of Property

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

The City Council came out of closed session.

Vice Mayor Bertani adjourned the meeting at 5:39 p.m.

______________________________
City Attorney
________________________________
Vice Mayor
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CITY OF FAIRFIELD

FAIRFIELD CITY COUNCIL
TUESDAY, AUGUST 20, 2024; 6:00 PM
HARRY T. PRICE MEMORIAL COUNCIL CHAMBER, 1000
WEBSTER STREET, FAIRFIELD, CA 94533 OR VIA ZOOM

MINUTES

CALL TO ORDER

Vice Mayor Pam Bertani called the meeting to order at 6:00 p.m.

ROLL CALL

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

INVOCATION

Minister Etta Goshen of True Love Baptist Church gave an invocation.

PLEDGE OF ALLEGIANCE

Councilmember Vaccaro led the Pledge of Allegiance.

COUNCIL REPORTS

Councilmember Carr spoke about the many events he participated in, including Bethel Church Back-to- School Backpack & Food Giveaway, Lions Club Centennial Celebration, National Night Out, and Homeless Roundtable—where he shared that the panel members were formerly homeless individuals who shared their experiences. He also attended the Sudie M. Smith Scholarship Luncheon for the first time, the Tomato & Vine Festival, and the Veterans of Foreign Wars event at Allan Witt Park. Busy month for Council! He invited the community to attend the ongoing Farmers Market on Thursday afternoons located downtown through September 26.

Councilmember Panduro reported she participated in the St. Mark’s 13th Annual Back to School Resource Fair on August 10. She thanked the Police Officers Association for grilling hot dogs for the kids.

She shared that local high schools now offer free after-school programming; no registration is required, and it is open until 6 p.m. She attended the Punjabi Women’s Cultural Society’s Fairfield Teeyan Bash and said it was a wonderful cultural and colorful event! Councilmember Panduro thanked the Youth Commissioners for having a booth at the Tomato & Vine Festival and engaging with the community.

Lastly, she reported the North Texas Street Business Association would hold a business meeting at noon at the Chamber of Commerce on August 21.

Councilmember Vaccaro stated he had attended many of the same events as his colleagues . He said it was an honor to attend the Lions Club Centennial Celebration. He attended the California Association of Sanitation Agencies (CASA) Annual Conference July 31–August 2 at the Monterey Marriott. The conference's theme was "Empowering Through Collaboration" and included speakers, panels, policy discussions, and networking opportunities. Lastly, he said everyone should drive safely now that schools are back in session.

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Councilmember Tonnesen reported that the American Legion Western Regional Baseball Tournament at Laurel Creek Baseball Field was a huge success! He shared that he had the honor of throwing out the first pitch. Of special note, he reported that the Fairfield Expos had a fantastic season with 60 wins and only 16 losses--ranking 17th in the U.S.A. The Fairfield Expos Baseball Association, Inc. (FEBA) has hosted the Western Regionals eleven times annually since 2018. He stated that the tournament greatly boosts our local economy every year.

Councilmember Williams reported that she and Councilmember Tonnesen attended two events that the other councilmembers did not attend: 1) Taste of Downtown on July 25 featured great food and great people. Attendees embarked on a fun journey sampling culinary dishes from many downtown restaurants, cafes, and bars; and 2) a tour of the Producers Dairy Foods on Red Top Road-- they produce milk and dairy products. Costco is one of their biggest clients. Councilmember Williams also toured Il Fiorello, a family-owned company that grew and milled the finest quality artisan olive oil. She encouraged the community to visit.

Vice Mayor Bertani thanked Fire Chief John Sturdee and Fire Marshall Steven Conti for helping coordinate the “First Annual Fire & Life Safety Event” on July 20 at Rolling Hills Elementary School. They provided several handouts with critical safety information at the event. If you would like to receive a copy, email [email protected]. Next, she thanked everyone who participated in National Night Out in her district and beyond! She reported she attended the Travis Air Force Block Party on base as a member of the Fairfield Clergy Action Network (CAN), where local churches had booths and provided information about their churches to new military personnel and families arriving at Travis. She shared that CAN would hold an ice cream social at the Fairfield Community Center on August 27, 3 -4:30 p.m.

CITY MANAGER REPORT

City Manager David Gassaway reported that the new Fairfield Municipal Water Utility (FMU) services are transitioning to a new online customer portal, MyFMU SilverBlaze on August 21. Customers currently using the online billing and payment system will no longer be able to access their old account and will need to re-register to view their new MyFMU account. Visit www.fairfield.ca.gov/myfmu for more information. He stated that he was pulling Item 18 and that it would be brought back to the Council at a future meeting.

CITY ATTORNEY REPORT

City Attorney David Lim had no report.

CITY CLERK REPORT

City Clerk Karen Rees thanked the following groups for joining the Adopt a Street program: Realtors Sophie Risner and Yvonne Aiavao (each adopted a street in Green Valley) and Air Force Sergeants Association Chapter 1320 from TAFB for a section of Air Base Parkway.

PRESENTATIONS

1. Assistant to the City Manager Anna Guiles and lobbyist Jason Gonsalves of Gonsalves & Son gave a legislative update.

2. Assistant to the City Manager Anna Guiles recognized the six Fairfield-Nirasaki Sister City Packet Page 22 of 126Attachment 2 Page 2 of 5

exchange students from Fairfield, who visited Japan in July. The students spoke highly of their experience living in Nirasaki with host families for three weeks, and that they enjoyed visiting Kyoto and Hiroshima.

PUBLIC COMMENTS

Jeff Trager spoke about upcoming events at the Downtown Theatre and the Summer Musical Series and shared that local San Francisco Giants baseball legend Orlando Sepeda died June 28.

John Takeuchi spoke about the dry ivy plants along Waterman Boulevard near Waterman Highlands as they are a fire hazard.

CONSENT CALENDAR

3. Approval of Meeting Minutes from July 2024

4. Resolutions 2024-194 and 2024-195 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

5. Resolution 2024-196 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

6. Resolution 2024-197 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

7. Resolution 2024-198 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 the Community Development Block Grant (CDBG) Lee Bell Neighborhood Park Restroom and Americans with Disabilities Act (ADA) Curb Ramp Replacement Projects

8. Resolution 2024-199 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

9. Resolution 2024-200 of the City Council of the City of Fairfield Rejecting the Sole Bid for the Cement Hill Water Treatment Plant - New Entryway

10. Resolution 2024-201 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

11. Resolution 2024-202 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

12. Resolution 2024-203 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

13. Resolution 2024-204 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

14. Resolution 2024-205 of the City Council of the City of Fairfield Approving a Contractor Services Packet Page 23 of 126Attachment 2 Page 3 of 5

Agreement with K&K JL Services, Inc. for Landscape Maintenance Services at the Fairfield- Vacaville Train Station

15. Resolution 2024-206 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)

16. Resolution 2024-207 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)

17. Resolutions 2024-208 Through 2024-210 of the City Council of the City of Fairfield Authorizing the City Manager to Execute Professional Services Agreements for On-Call Engineering Services Between the City of Fairfield and Ghirardelli Associates, Ponticello Inc., and Rick Engineering

David Gassaway pulled Item 18 and stated it would be presented at a future council meeting.

18. Resolution 2024-211 of the City Council of the City of Fairfield Approving the Amended Vehicle and Equipment Purchases for the Fiscal Year 2024-2025 and Authorizing an Update to the Fiscal Year 2024-2025 Budget

Councilmember Vaccaro made a motion to approve the consent calendar, excluding Item 18.

Councilmember Carr seconded the motion. The motion carried unanimously (6 -0).

NEW BUSINESS

19. Deputy Fire Chief Robb Herrick recommended to Council that it approve Resolution 2024-212 of the City Council of the City of Fairfield Authorizing the Fire Department t o Enter a Memorandum of Understanding to Provide Duty Chief Coverage for the City of Suisun City.

Councilmember Panduro made a motion to approve Resolution 2024-212. Councilmember Carr seconded the motion. The motion carried unanimously (6-0).

Vice Mayor Bertani and Councilmember Tonnesen recused themselves from Item 20 and left the dais , as they both received campaign contributions from a commercial cannabis business. Vice Mayor Bertani asked Councilmember Vaccaro to conduct this portion of the meeting.

20. Director of Community & Economic Development Dave Zellers opened the discussion and asked for direction on Fairfield Municipal Code Chapter 10E, also known as Commercial Cannabis Business on Program Amendments and Program Operations.

Tim Dowling spoke on Item 20.

City Manager Gassaway stated that currently, the City has two commercial cannabis conditional licenses, one retailer and one manufacturer, that the City Council awarded after the application process, and who have not met all the conditions to receive their final permits. This is a question of how the council would like to handle this, as there isn’t currently anything in the code to address it.

Council Direction: City Council requested that staff amend the code to address the current issues and bring it back for approval at a meeting in October.

Vice Mayor Bertani and Councilmember Tonnesen returned to the dais.

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PUBLIC HEARINGS

21. Assistant Director of Public Works (Utilities) Michael Hether recommended that Council open the Public Hearing; and approve Resolution 2024-213 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 .

Vice Mayor Bertani opened the public hearing. Rudy Guzman and Tim Dowling spoke on Item 21. Vice Mayor Bertani closed the public hearing.

Councilmember Carr made a motion to approve Resolution 2024-213. Councilmember Tonnesen seconded the motion. The motion carried 5-1, with Vice Mayor Bertani voting no.

22. Principal Planner Meily Sheehan recommended to Council that it open the Public Hearing; and approve the First Reading and Introduction of Ordinance 2024-06 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.

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

Councilmember Vaccaro made a motion to waive the full reading, read by title only, and introduce Ordinance 2024-06 for the first reading. Councilmember Carr seconded the motion. The motion carried unanimously (6-0).

THE MEETING WAS ADJOURNED AT 8:08 P.M. TO TUESDAY, SEPTEMBER 3, 2024, 6:00 P.M., HARRY T. PRICE MEMORIAL COUNCIL CHAMBER.

________________________________
City Clerk

________________________________
Vice Mayor

Packet Page 25 of 126Attachment 2 Page 5 of 5

Agenda Item No: 5.

AGENDA REPORT
DATE:September 17, 2024
TO:Mayor and City Council
FROM:David Gassaway, City Manager
SUBJECT:Resolution 2024225 of the City Council of the City of Fairfield Approving a Subscription Agreement for Agenda Management Software from eScribe Software Ltd RECOMMENDED ACTION
Adopt resolution.

STATEMENT OF ISSUE
The City of Fairfield’s (City) Information Technology (IT) Department seeks approval for a Subscription Agreement for Agenda Management Software from eScribe Software Ltd.

DISCUSSION
The City has utilized Novus agenda management software since 2019 to manage its City Council meeting archiving. Recently, staff were informed that support for this software would be discontinued after this calendar year. In April 2024, the City initiated a Request for Proposal (RFP) process to identify a new vendor that meets its requirements. Four vendors—Granicus, Provox Systems, eScribe Software Ltd, and ClerkBase submitted proposals and presented their products. A multidepartment team was created to evaluate the software and after careful evaluation, eScribe was selected as the vendor that best meets the City’s operational, technological, and fiscal requirements, offering the best value and fit to replace the agenda management software.

In addition to the City Council meeting management, eScribe also streamlines the entire agenda creation process and minutes management, enhancing transparency, efficiency, and accessibility. The current agenda creation process is tedious and laborious, consuming a large portion of the staff’s time both creating and publishing the agenda and subsequent meeting minutes. With the addition of the eScribe, much of the agenda creation workflow will be automated and cloudbased for greater accessibility for the staff, council, and public.

The project aligns with the council’s goal of Organizational Excellence and Strategy to Develop strong and effective systems and processes.

FINANCIAL IMPACT
Packet Page 26 of 126

Agenda Item No: 5.AGENDA REPORTDATE:September 17, 2024 TO:Mayor and City CouncilFROM:David Gassaway, City ManagerSUBJECT:Resolution 2024225 of the City Council of the City of Fairfield Approving aSubscription Agreement for Agenda Management Software from eScribe Software LtdRECOMMENDED ACTIONAdopt resolution. STATEMENT OF ISSUEThe City of Fairfield’s (City) Information Technology (IT) Department seeks approval for a SubscriptionAgreement for Agenda Management Software from eScribe Software Ltd.DISCUSSIONThe City has utilized Novus agenda management software since 2019 to manage its City Councilmeeting archiving. Recently, staff were informed that support for this software would be discontinuedafter this calendar year. In April 2024, the City initiated a Request for Proposal (RFP) process to identifya new vendor that meets its requirements. Four vendors—Granicus, Provox Systems, eScribe SoftwareLtd, and ClerkBase submitted proposals and presented their products. A multidepartment team wascreated to evaluate the software and after careful evaluation, eScribe was selected as the vendor thatbest meets the City’s operational, technological, and fiscal requirements, offering the best value and fitto replace the agenda management software.In addition to the City Council meeting management, eScribe also streamlines the entire agendacreation process and minutes management, enhancing transparency, efficiency, and accessibility. Thecurrent agenda creation process is tedious and laborious, consuming a large portion of the staff’s timeboth creating and publishing the agenda and subsequent meeting minutes. With the addition of theeScribe, much of the agenda creation workflow will be automated and cloudbased for greateraccessibility for the staff, council, and public.The project aligns with the council’s goal of Organizational Excellence and Strategy to Develop strongand effective systems and processes.

FINANCIAL IMPACT
The proposed amount for five years is $143,125 plus $15,000 for contingency, for a not to exceed total of $158,125. The proposed amount includes the subscription, implementation fees and ongoing annual hosting, maintenance and support. Funds are budgeted in Computer Fund 522, Project OITENLICOP and future annual renewals starting year six will be subject to budget appropriation.

PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
N/A
ALTERNATIVE ACTION
The council may choose not to approve the Subscription Agreement for the agenda management system. Since the existing software will no longer be supported beyond October 2024, any issues with the current system could risk the publishing of the council meeting agendas and would require additional resources to seek alternative service providers resulting in additional costs.

STAFF CONTACT
Savita Chaudhary, Assistant City Manager/IT Director
(707) 4287582
[email protected]
COORDINATED WITH
City Attorney's Office, City Manager's Office, Community Development Department, Finance Department, Fire Department, Parks and Recreation Department, Police Department, Public Works Department, Housing Services Department
ATTACHMENTS:

Description
Proposed Resolution
Proposed Agreement
REVIEWERS:

Reviewer Action Date
Chaudhary, Savita Approved 9/3/2024 7:02 PM
Beavers, Esther Approved 9/3/2024 8:23 PM
Beavers, Esther Approved 9/3/2024 8:23 PM
Packet Page 27 of 126

CITY OF FAIRFIELD

RESOLUTION NO. 2024-225

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

AGREEMENT FOR AGENDA MANAGEMENT SOFTWARE FROM ESCRIBE SOFTWARE LTD

WHEREAS, the City currently uses Novus Agenda Management from Granicus for council meeting agenda management system; and

WHEREAS, the support for the current system will terminate in October 2024 and now requires City Council approval; and

WHEREAS, the City seeks to replace its outdated agenda management solution with a modern application; and

WHEREAS, in April 2024, the City issued a Request for Proposals (RFP) for replacement of Agenda Management System and received four qualifying vendor responses; and

WHEREAS, the RFP review committee evaluated each proposal and determined that the eScribe Software Ltd. proposal best met the City’s operational, technological, and fiscal requirements; and

WHEREAS, the City desires to enter into a Subscription Agreement with eScribe Software Ltd to implement the agenda management software agreement for a 5-year term.

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

Section 1. The council hereby authorizes the Subscription Agreement with eScribe Software Ltd for agenda management software for five years in the amount of $147,295 plus $15,000 for contingency, for a not to exceed the total of $162,295, from the Computer Fund Project OITENLICOP.

Section 2. The council hereby authorizes the subscription fees to be due annually thereafter, starting in year 6. It will increase from the previous year’s subscription fees by not exceeding 7% and will be subject to budget appropriation as part of the City’s budget adoption process.

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

Packet Page 28 of 126Attachment 1 Page 1 of 2

RES. NO. 2024-225

Page 2 ends

PASSED AND ADOPTED this 17th day of September 2024, by the following vote:

_________________________________________________
MAYOR
ATTEST:
___________________________

CITY CLERK

Packet Page 29 of 126Attachment 1 Page 2 of 2

Subscription Agreement

Page 1 of 28 ends

Confidential
Subscription Agreement 2023
This Subscription Agreement (the "Agreement") is entered into by and between eScribe Software Ltd. (“eScribe”) and City of Fairfield (“Customer”) (each a “Party” and collectively, the “Parties”). This Agreement, together with any appendices referenced and attached, govern the Customer’s subscription to the eScribe product and is effective as of the last date of signature below (“Effective Date”).
eScribe Terms and Conditions

1. Overview of eScribe
eScribe’s service is a proprietary software application and platform for the purpose of meeting and agenda automation which it makes available as services via the internet. eScribe includes online storage space for storing, retrieving and sharing Customer Content (as defined below).

2. Definitions
The terms below have the following meaning:

A. “Customer Content” shall mean the content, documents, audio and video uploaded or inputted to the Services or created, produced by the Customer during Use of the Services.

B. “Data Storage” refers to the online electronic secure storage of all Customer Content during the Use of the Services.

C. “Documentation” includes any and all printed or electronic guides and manuals, including sales, marketing and training materials provided by eScribe for the proper Use of the Services.

D. “Implementation Services”refers to the configuration, training, and other services set out in Appendix C.

E. “Legacy Data” refers to the ongoing Data Storage of Customer Content from previous Term(s) as set out in Appendix D.

F. “Personal Information”means information which relates to an identified or identifiable individual, and includes any information defined from time to time as “personal information” under applicable Privacy as defined herein.

G.“Privacy Laws” means applicable laws and regulations relating to privacy, data protection, or data security.

Packet Page 30 of 126Attachment 2 Page 1 of 28

Subscription Agreement

Page 2 of 28 ends

Confidential
Subscription Agreement 2023
H. “Services” or “Software” means the provision of the software service known as “eScribe”, together with any services provided, including the applications for access to the eScribe site, System Upgrades and interfaces made available to the Customer in connection with eScribe.

I. “Support Services” shall mean the technical support for the Customer’s use of eScribe as made available under eScribe's Support Services set out in Appendix B.

J. “Taxes” refers to all present or future sales tax, consumption tax and similar taxes.

K. “Usage Data” refers to the data generated automatically through access or use of eScribe, including but not limited to user log-in data, date and time stamps, device details such as browser type and operating system, IP address, feature usage, product settings and configuration, activity records, and associated log data and metadata. For the avoidance of doubt, Usage does not include Customer Content.

L. “Use”shall mean the ability for the Customer to login with username and password and access the Services via the internet.

M. “You or Your” refers to Customer, as defined in the preamble of this Agreement.

3. Operations

3.1 Software, Implementation Services. eScribe shall provide the Software, Implementation Services, and the Documentation to the Customer subject to the terms of this Agreement. The Implementation Services will be provided in a professional, timely, and competent manner. eScribe shall take appropriate steps to carry out the Implementation Services to the reasonable satisfaction of the Customer.

3.2 Availability of Service. eScribe shall make the Services available twenty- four (24) hours a day, seven (7) days a week, and will credit the Customer 10% of the equivalent monthly Subscription Fees listed in Appendix A for each three (3) hour period for which the Services are unavailable for Use by the Customer in a monthly period. "Uptime" and "Downtime" is recorded and calculated on a monthly basis and will be applied as a credit towards the annual Subscription Fees listed in Appendix A, for the next year.

Packet Page 31 of 126Attachment 2 Page 2 of 28

Subscription Agreement

Page 3 of 28 ends

Confidential
Subscription Agreement 2023
Downtime does not include scheduled outages for software updates, server or network maintenance (which will generally be scheduled for weekends or after midnight eastern time), notification of which will be provided to the Customer’s designated Support Contacts five (5) days in advance. Unsuitable Customer operating environment, including, but not limited to, inadequate end user computer configuration, installed third party software, internet connection issues or general internet congestion issues are excluded from any downtime calculations. Account credits of eScribe for any twelve (12) month period are hereby limited to a maximum of twenty percent (20%) of the annual Subscription Fees listed in Appendix A paid by the Customer during the prior twelve (12) month period up to the outage. Downtime is measured from the time that a trouble ticket is registered with Support Services by the Customer for the Services being unavailable for Use or the time that eScribe becomes aware that the Services are unavailable for Use (whichever is earlier), to the time the problem is resolved, and the Services are restored. In the event that eScribe becomes aware that the Services are unavailable for Use, eScribe shall notify the Customer immediately.

3.3 Support Services. During the Term of this Agreement, eScribe will provide the Customer the Support Services as described in Appendix B.

3.4 Access. eScribe will provide access to users designated by the Customer. eScribe may deny access to the Service if it has reason to believe that a login or password has been lost, stolen or compromised or is used contrary to the terms of this Agreement or threatens the security of Customer Data, the eScribe Service, or other users. You are solely responsible for all acts or omissions of any person using eScribe through assigned logins or passwords, or integrated access methods like Azure Active Directory or Entra ID. Use of eScribe via Customer logins and passwords, or integrated access methods is deemed to have been authorized by the Customer. If any of the Customers logins, passwords or access methods are lost, stolen or compromised, the Customer will promptly notify eScribe. Upon receipt of such notice, the affected logins and passwords will be cancelled or suspended as soon as is reasonably practicable, but the Customer remains responsible for any actions prior to our receipt of that notice. Customer may not make available the Service for Use by any third parties.

3.5 Usage Data. eScribe may collect and process Usage Data to (a) provide Services and associated support to Customer; (b) manage and secure its technical infrastructure; (c) develop and improve its products and services; Packet Page 32 of 126Attachment 2 Page 3 of 28

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(d) communicate with Customer about your use of the Services and provide recommendations regarding additional offerings; (e) enforce the terms of this Agreement or other contractual terms; (f) prevent abuse and fraud; (g) perform statistical analyses; and (h) for its internal business purposes. eScribe may share Usage Data with its affiliates and third-party service providers for these purposes, or as otherwise required or permitted by applicable law.

3.6 Customer Content Retrieval. During the Term of this Agreement, the Customer may retrieve Customer Content from the Services at any time and, within ten (10) days of the Customer’s request, eScribe will make available any Customer Content that is stored in native file format (Word, Excel, PowerPoint, PDF, MP4).

3.7 Privacy. eScribe will comply with its obligations under all applicable laws and regulations related to the operation of the Services, including all applicable Privacy Laws.

4. License and Related Terms.

4.1 License Grant. During the Term and subject to You and Your Users’ ongoing full compliance with the terms and conditions set forth in this Agreement, eScribe (a) grants Customer, solely for your internal and legitimate purposes, a limited, revocable, non-exclusive, non-sublicensable and non-transferable license to access and use the modules of the Service as set forth in your subscription.

4.2 Commitments and Restrictions. Customer and Your Users shall not: (a) license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, time share or otherwise commercially exploit or make the Services, the Software or the eScribe Sites available to any third party; (b) modify, copy or create derivative works based on eScribe or the Software; (c) frame or mirror any content forming part of or all of the Services or the eScribe Sites, other than on your own intranets or otherwise for your own internal business purposes as permitted by this Agreement; (d) reverse engineer, disassemble, decompile or otherwise attempt to imitate, derive or discover the source code for the Software; (e) provide non-Users with access to the Services, the Software or eScribe Sites, whether directly or through a service bureau, commercial time-sharing arrangement, or application service provider arrangement; (f) use the Services, the Software or the eScribe Sites to provide outsourcing or training services to non-Users; (g) otherwise market Packet Page 33 of 126Attachment 2 Page 4 of 28

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the Services, the Software or the eScribe Sites to third parties without eScribe’s written permission; (h) access or use the Services in order to build a competitive product or service, or copy any ideas, features, functions or graphics of the Services or the Software; (i) use the Service for any illegal or unauthorized purposes or beyond the scope of the this Agreement; or (j) breach or attempt to breach the security of any platforms or applications in the Services or the Software.

4.3 Rights to Intellectual Property. eScribe grants no other right or license to any of its or its affiliates’ intellectual property to You by implication, estoppel or otherwise. You acknowledge and agree that eScribe or its affiliates (as applicable) owns all right, title, and interest in, to, and under such intellectual property and that you shall not acquire any proprietary rights therein. Any use by You or Your Users of any of such intellectual property and all goodwill and other rights associated therewith shall inure to the benefit of eScribe or its affiliates (as applicable).

4.4 Customer Responsibilities. You are responsible for Your Users’ use of the Services. You will: (a) have sole responsibility for the accuracy, quality, integrity, legality, reliability, and appropriateness of all Customer Content; (b) ensure that each User has all necessary permissions, consents, approvals, and licenses for and to the Customer Content; and (c) comply with all applicable local, state, federal and foreign laws, or regulations in connection with each User’s use of the Services. You shall not transfer or assign Your eScribe account privileges to a third-party without eScribe’s prior written consent. Users are authorized to use the Services only for Your legitimate activities. As between You and eScribe, You shall be solely responsible for, and eScribe shall have no responsibility for, monitoring and policing the adherence of Users to all applicable laws, regulations, duties, and obligations with respect to accessing, distributing, and using Customer Content. You acknowledge and agree that eScribe is not responsible or liable in any way for any Customer Content and has no duty to pre-screen such content. However, eScribe reserves the right to remove Customer Content from the Site at any time, without prior notice, if eScribe in its sole discretion concludes that the Customer Content may violate applicable law.

4.5 Feedback and Improvements. The Customer acknowledges and agrees that eScribe shall own all rights, title, and interest, in and to any improvements to the Services, or any new programs, upgrades, modifications or enhancements to the foregoing, whether developed by eScribe or Customer in connection with rendering the Services to You. In the event that the Customer provides any feedback, ideas, suggestions Packet Page 34 of 126Attachment 2 Page 5 of 28

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proposals, refinements or other improvements (collectively, “Feedback”), the Customer hereby irrevocably transfer and assign to eScribe all rights, title, and interest which Customer may have in such Feedback. eScribe shall have the right, but not the obligation, to use any such Feedback to improve any or all parts of its Services or Software and in the event that eScribe does incorporate such Feedback, it shall solely retain all right, title and interest in such Feedback. In the event that such Feedback does not automatically transfer to and vest in eScribe, You hereby grant an exclusive, irrevocable, transferable, sublicensable, royalty-free, fully paid- up license to eScribe and its affiliates to use the Feedback for any purpose without notice or restriction.

4.7 Ownership of Customer Content; Disclaimer. As between You and eScribe, You exclusively own all rights, title and interest in and to all Customer Content provided by You to eScribe Sites or under the Services. You acknowledge and agree that eScribe’s custodial function is limited to the technical operation and maintenance of the Services and shall not extend to any fiduciary or other duty of care related to management of the sourcing, posting, accessing, use, or receipt for any Customer Content, or any functioning which utilizes the Service.
5 Confidentiality

5.1 Definition of Confidential Information. As used herein, “Confidential Information” means all confidential and proprietary information of a Party (“Disclosing Party”) disclosed to the other Party (“Receiving Party”), including any intellectual property or proprietary rights, that (a) if disclosed orally is designated as confidential at the time of disclosure, (b) if disclosed in writing is marked as “Confidential” and/or “Proprietary,” or (c) reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure. Without limiting the foregoing, Confidential Information of eScribe shall include the terms and conditions of this Agreement (including pricing and other terms reflected hereunder), provision of the Services, screenshots of eScribe, pricing in proposals, business and marketing materials, technology and technical information, product designs, and business processes. The Customer’s Confidential Information shall include the Customer Content. Notwithstanding the foregoing, eScribe may disclose the existence and terms of this Agreement, in confidence, to a potential purchaser of or successor to any portion of such Party’s business resulting from the reorganization, spin-off, or sale of all or a portion of all Packet Page 35 of 126Attachment 2 Page 6 of 28

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the assets of any business, division, or group of such Party. Confidential Information shall not include any information that: (i) is or becomes generally known to the public without breach of any obligation owed to the Disclosing Party; (ii) was known to the Receiving Party prior to its disclosure by the Disclosing Party; (iii) was independently developed by the Receiving Party, which can be demonstrated with clear and convincing evidence; or (iv) is received from a third party without breach of any obligation owed to the Disclosing Party.

5.2 Confidentiality and Non-Disclosure. The Receiving Party shall not disclose or use any Confidential Information of the Disclosing Party for any purpose outside the scope of this Agreement, except with the Disclosing Party’s prior written permission. Notwithstanding the foregoing, the Receiving Party may disclose such Confidential Information to those of its employees and contractors who need to know such information for purposes of performing this Agreement and certifies that such employees and contractors have agreed, either as a condition of employment or in order to obtain the Confidential Information, to be bound by terms and conditions substantially similar to those in this Section 5. The Receiving Party shall use the same degree of care to protect the Confidential Information as it uses to protect its own information of a confidential and proprietary nature, and in no event shall it use less than a reasonable degree of care.

5.3 Compelled Disclosure. If the Receiving Party is compelled by law or legal process to disclose Confidential Information of the Disclosing Party, it shall provide the Disclosing Party with prior notice of such compelled disclosure (to the extent legally permitted), provide reasonable assistance, at Disclosing Party’s cost, if the Disclosing Party wishes to contest the disclosure and only make such disclosure, in both manner and content, as required by such law or legal process.

5.4 Remedies. If the Receiving Party discloses or uses (or threatens to disclose or use) any Confidential Information of the Disclosing Party in breach of confidentiality protections hereunder, the Disclosing Party shall have the right, in addition to any other remedies available to it, to seek injunctive relief to enjoin such acts, it being specifically acknowledged by the Parties that any other available remedies are inadequate.

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Agreement for any reason, the obligations of confidentiality and non- use set forth in this Section shall continue in perpetuity. 6 Pricing and Payment

6.1 Subscription Fees. The first year’s Subscription Fees and the Implementation Fees, as described in Appendix C, will be invoiced as of the date of this Agreement and will be due according to the terms of the invoice. The Subscription Fees are due annually thereafter and will increase from the previous year’s Subscription Fees by six percent (6%). eScribe may implement revised Subscription Fees for the Renewal Term, as defined in Section 7.1, by giving written notice of such price changes to You at least ninety (90) days prior to the expiration of the current Term, and that pricing will take effect unless You elect to terminate this Agreement in accordance with Section 7.

6.2 Implementation Fees. The Implementation Fees listed in Appendix C are assessed for remote participation by eScribe personnel during the onboarding process. Optionally, should the Customer wish to have eScribe personnel attend onsite during the onboarding process, additional travel and living expenses would apply in addition to the Implementation Fees listed in Appendix C.

6.3 Legacy Data. If Legacy Data fees apply, it will be added to the annual Subscription Fees as set out in Appendix D.

6.4 Overdue Payments. All payments are due thirty (30) days from the date of invoice. Any invoiced amounts (excluding those subject to good faith dispute), not received by eScribe by the due date may accrue, at eScribe’s discretion, late charges at the rate of twelve percent (12%) per annum, or the maximum rate permitted by applicable law, whichever is lower, from the date such payment was due until the date paid. In addition, Customer shall be responsible for reasonable attorneys’ fees and other reasonable costs of collection in the event of nonpayment by the Due Date.

6.5 Taxes. All fees and other charges set forth in this Agreement are Packet Page 37 of 126Attachment 2 Page 8 of 28

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exclusive of any and all applicable Taxes due to eScribe from Customer. Payment of all applicable Taxes shall be the responsibility of the Customer. If any such Taxes has to be withheld under this Agreement, Customer shall increase payment under this Agreement by such amount as to ensure that eScribe has received an amount equal to the payment otherwise required after such withholding or deduction.

6.6 Nonpayment and Suspension of Services. If any portion of the Customer invoice is more than thirty (30) days past due, in addition to any of its other rights or remedies under this Agreement or by applicable law, eScribe reserves the right to suspend access to the Service, but only if such past due account is not paid within five (5) business days after written notice of eScribe’s intent to exercise its right to suspend hereunder. Any such permitted suspension shall be without liability to the Customer and may continue until such amounts are paid infull.

7. Term

7.1 Term of Agreement and Subscription. The term of this Agreement commences on the date of this Agreement for a period of three (3) years (the “Term”) and will automatically renew for an additional term of equal length (“Renewal Term”) unless notice of cancellation is received 60 days prior to the expiry of the Term.

7.2 Early Termination. This Agreement may be terminated by either Party prior to the end of the Subscription Term as follows: (a) If either party is adjudged bankrupt, becomes insolvent, makes an assignment for the benefit of creditors, bankruptcy or insolvency proceedings are instituted by or against such party, and such proceedings are not removed within sixty (60) days (an “Event of Bankruptcy”), then the party affected by such an Event of Bankruptcy must immediately give notice thereof to the other party, and the other party at its option may terminate this Agreement upon written notice to such affected party, (b) in the event that a Party materially breaches an obligation hereunder and fails to cure such breach within thirty (30) days after being notified thereof in writing, the non- breaching Party may terminate this Agreement at any time thereafter that the breach is continuing by providing written notice to the breaching Party, (c) by either Party for Force Majeure as defined in Section 14.7.

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7.3 Termination Penalties. If this Agreement is terminated by the Customer, or the Customer downgrades their subscription during the first year of the Term, for any reason other than a material breach of this Agreement on the part of eScribe, the Customer will be liable for the First Year Subscription Fees as invoiced, and a termination or downgrade penalty amounting to 35% of the remaining Subscription Fees due for Years Two and Three of the Agreement. If the Customer terminates or downgrades their subscription during the Second Year of the Term, for any reason other than the material breach of the Agreement by eScribe, the Customer will be responsible for Second Year Subscription Fees in full as invoiced, and a termination penalty amounting to 25% of the remaining Year Three Subscription Fees. If the Customer terminates or downgrades their subscription during the Third Year of the Term, for any reason other than the material breach of the Agreement on the part of eScribe, the Customer will be responsible for the Third Year Subscription Fees in full as invoiced without any additional penalty. If the Customer terminates or downgrades their subscription during a Renewal Term for any reason other than material breach, the Customer will remain responsible for 15% for any remaining Subscription Fees due for the Renewal Term.

7.4 Post Termination Obligations. Termination of this Agreement shall not limit either Party from pursuing any remedies available to it, including injunctive relief. Agreement termination, other than by the Customer in accordance with Section 7.2, shall not relieve You of Your obligation to pay the entire Subscription Fee for the applicable Term and all other applicable fees, if any due for the use of the Services. Following any termination pursuant to Section 7.2, eScribe shall refund to the Customer the prepaid but unused portion of the Subscription Fee for the then- current Subscription Term (prorated based on the number of whole months left in the then- current Term).

7.5 Effect of Termination. Following the termination or expiration of this Agreement, including your Subscription, (a) eScribe will convert Your Account to an inactive status, (b) Customer must immediately cease (and eScribe can block) Your accessing and using the Services and (c) Customer will retrieve all Customer Content no later than thirty (30) days after termination. After the thirty (30) day period, eScribe will delete or destroy all copies of Customer Content in its possession or control, unless legally prohibited and upon request, provide the Customer with a certificate of destruction.

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7.6 Surviving Provisions. In the event this Agreement is terminated, any provision which must survive in order to allow the Parties to enforce its meaning shall survive, including without limitation, Sections 4.3 (Rights to Intellectual Property), 4.5 (Feedback and Improvements), 5 (Confidentiality), 6 (Pricing and Payment) (until all amounts due hereunder are paid in full), 7.4 (Post Termination Obligations), 7.5 (Effect of Termination),7.6 (Surviving Provisions), 8.5 (Disclaimer), 9 (Limitation of Liability), 10 (Indemnification) and 14.3 (Survival).

8. Warranties and Disclaimers. The following representation and warranties are applicable at the execution of this Agreement and during the Term:

8.1 Mutual Warranty. Each Party represents and warrants to the other that it has the legal capacity and right to execute this Agreement; that the signatory has the authority to bind the applicable organization; and when executed and delivered, this Agreement will constitute the legal, valid, and binding obligation of each Party, enforceable in accordance with its terms.

8.2 Customer Warranty. The Customer warrants the Customer Content will not infringe on any copyright, patent, trade secret or other proprietary, privacy, or other right held by any third party, or violate any applicable law.

8.3 eScribe Warranty of Rights and Performance. eScribe warrants that: (a) it owns or otherwise has sufficient rights in the Software to license Customer to use the Service as stated in this Agreement, and (b) the Service will materially conform to and perform substantially in accordance with the Documentation.

8.4 Remedies for Breach of eScribe Warranty. In the event eScribe breaches Section 8.3 and is unable to substantially correct such deficiencies after good faith efforts and at a commercially reasonable cost within thirty (30) days of Your written notification of such non- conformance, Customer shall have the right, as Your sole remedy for such breach, to terminate the Agreement and receive from eScribe the prepaid but unused portion of the Subscription Fee for the then- current Subscription Term (prorated based on the number of whole months left in the then-current Subscription Term).

8.5 Disclaimer. eScribe EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES OF

SUITABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-
INFRINGEMENT. EXCEPT FOR THE EXPRESS REPRESENTATIONS AND Packet Page 40 of 126Attachment 2 Page 11 of 28

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WARRANTIES CONTAINED IN THIS SECTION 2 G, (A) NEITHER PARTY TO

THIS AGREEMENT, NOR ANY OTHER PERSON ON SUCH PARTY'S BEHALF,

HAS MADE OR MAKES ANY EXPRESS OR IMPLIED REPRESENTATION OR

WARRANTY, EITHER ORAL OR WRITTEN, WHETHER ARISING BY LAW,

COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, TRADE, OR

OTHERWISE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED, AND (B) EACH

PARTY ACKNOWLEDGES THAT IT HAS NOT RELIED UPON ANY

REPRESENTATION OR WARRANTY MADE BY THE OTHER PARTY, OR ANY

OTHER PERSON ON SUCH PARTY'S BEHALF, EXCEPT AS SPECIFICALLY PROVIDED IN THIS SECTION 8.

9. Limitation of Liability
In no event shall either Party be liable to the other Party or its personnel for any indirect, incidental, punitive, special, or consequential damages related to use of eScribe, or for any damages for loss of profits, business interruption, harm to any computer system, or any other commercial damages or losses, regardless of the theory of liability (contract, tort, or otherwise), even if the other Party has been advised of the possibility of such damages. Except as provided herein, eScribe’s total cumulative liability for damages, expenses, costs, liability or losses to You or any User arising out of or in connection with use of eScribe or any other matter under this Agreement is capped in the amount equal to Subscription Fees prepaid by You for the annual Term in which the alleged damage or liability occurred.

10. Indemnity

10.1 By eScribe. eScribe will defend and indemnify the Customer and its users against any claim, suit, action or proceeding against it alleging (a) harm originating in willful misconduct of eScribe or (b) that the Software or use of the Services in the manner and for the purposes authorized in this Agreement infringes any third-party patent or copyright. Notwithstanding any limitation of Section 9, and only to the extent of eScribe’s applicable insurance coverage, eScribe will defend and indemnify You and Your Users against any claim, suit, action or proceeding against You or Your Users alleging harm originating in grossly negligent breach of this Agreement by eScribe.

In the event the Service or a component part thereof is held by a court of competent jurisdiction, or is believed by eScribe, to infringe or potentially infringe a third party’s rights, eScribe shall, with prior notice to the Customer, (i) modify, at its expense, the Service to be non-infringing; Packet Page 41 of 126Attachment 2 Page 12 of 28

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provided that such modification does not adversely affect the Service as set out in this Agreement, or (ii) obtain for Customer the right to continue using the Service in its current state at no additional expense to the Customer, or (iii) if eScribe determines that neither of the foregoing options are reasonably available, eScribe may terminate this Agreement and refund any prepaid Fees to the Customer for which it has not received Services.

10.2 Procedure. If Customer is seeking indemnification, it must promptly notify eScribe in writing of the indemnifiable claim and provide the indemnifying Party with all non-monetary assistance, information and authority reasonably required for the defense and settlement of the indemnified claim. An indemnifying Party will select counsel for defense of the indemnified claim and direct and control the defense. The indemnifying Party must obtain the indemnified Party’s written consent to any settlement (said consent not to be unreasonably withheld, conditioned, or delayed), except that no such consent shall be required if the settlement or compromise requires no payment of damages by the indemnified Party and does not admit any liability or determination against the indemnified Party or materially restrict the indemnifiedParty.

11. Insurance
eScribe will at all times maintain sufficient insurance, appropriate for its industry and Service. At all times during the term of this Agreement, eScribe will maintain insurance coverage at least in line with the coverage and amounts specified in its current Certificate of Insurance.

12. Advertising
Customer agrees that eScribe may use and disclose Customer’s name in its marketing material with prior written approval of the Customer, which will not be unreasonably withheld.

13. Trademarks
Any trademarks and service marks (“Trademarks”) adopted by eScribe to identify the Services, Documentation and other products and services, belong to Packet Page 42 of 126Attachment 2 Page 13 of 28

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eScribe. Nothing herein grants, or shall be construed to grant, to Customer any rights to such Trademarks.

14. General Provisions

14.1 Relationship of Parties. In all matters relating to this Agreement Customer and eScribe are independent contractors, and nothing in this Agreement shall be deemed to place the parties in the relationship of employer- employee, principal-agent, partners, or joint ventures.

14.2 No Third-Party Beneficiaries. This Agreement is not intended to create any rights in any person or entity who is not a party to this agreement, and no such rights are created hereunder.

14.3 Entire Agreement. This Agreement, including all Appendices, is the entire Agreement between the parties and supersedes all prior negotiations, understandings and agreements between the parties concerning the subject matter hereof. No amendment or modification of this Agreement shall be made except by written agreement of both parties.

14.4 Ride Along:The terms of this Agreement may be extended for use by other parties, including: municipalities, school boards and government agencies upon execution of an addendum outlining the associated Services and Fees applicable. This term is not intended to circumvent any procurement rules and regulations of the additional party.

14.5 No Waiver. The failure of either party to exercise any right or the waiver by either party of any breach shall not prevent a subsequent exercise of such right or be deemed a waiver of any subsequent breach of the same or any other term of the Agreement.

14.6 Partial Invalidity. Should any provision of this Agreement be held to be void, invalid, or inoperative, the remaining provisions of this Agreement shall not be affected and shall continue in effect as though such provisions were deleted.

14.7 Force Majeure.Neither party shall be deemed in default of this Agreement to the extent that performance of its obligations or attempts to cure any breach are delayed or prevented by reason of any act of God, fire, natural disaster, act of government, or any other similar cause beyond the reasonable control of such party ("Force Majeure”), provided that such party gives the other party written notice thereof promptly and, in any event, within ten (10) days of discovery thereof and uses its reasonable Packet Page 43 of 126Attachment 2 Page 14 of 28

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efforts to cure the delay. Upon receipt of such notice, all obligations under this Agreement shall be immediately suspended. If the period of non- performance exceeds ten (10) days from the receipt of notice of the Force Majeure event, the party whose performance has not been affected may, by giving written notice, immediately terminate this Agreement.

14.8 Assignment; Enurement.Neither Party may assign, delegate, or otherwise transfer this Agreement or any of it rights or obligations hereunder, without the prior written consent of the other Party (such consent not to be unreasonably withheld); provided, however, that either Party may assign this Agreement without the other Party’s consent in the event of any successor or assign that has acquired all, or substantially all, of the assigning Party’s business by means of merger, stock purchase, asset purchase, or otherwise. Any assignment or attempted assignment in violation of this Agreement shall be null and void.

14.9 Injunctive Relief.The parties recognize that a remedy at law for a breach of the provisions of this Agreement relating to either party’s Confidential Information will not be adequate for the non-breaching party’s protection, and accordingly the non-breaching party shall have the right to seek, in addition to other relief and remedies available to it, injunctive relief to enforce the provisions of this Agreement in any court of competent jurisdiction.

14.10 Governing Law.This Agreement shall be governed and interpreted in accordance with the laws of the State of California and the United States Federal Law. Jurisdiction shall be the Superior Court of California, Solano County or the United States District Court, Eastern District of California.

14.11 Calendar Days. All references to a day or days in this Agreement mean a calendar day or calendar days.

14.12 Time of the Essence.Time is of the essence of this Agreement and of every part hereof and no extension or variation of this Agreement will operate as a waiver of this provision.

14.13 Survival. All obligations of the parties which expressly or by their nature survive termination or expiration of this Agreement will continue in full force and effect subsequent to and notwithstanding such termination or expiration and until they are satisfied or by their nature expire.

14.14 Headings. Headings are inserted for the convenience of the parties only and are not to be considered when interpreting this Agreement. Words in Packet Page 44 of 126Attachment 2 Page 15 of 28

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the singular mean and include the plural and vice versa. Words in the masculine gender include the feminine gender and vice versa. Words in the neuter gender include the masculine gender and the feminine gender and vice versa.

14.15 Notice. Any notice required or permitted to be sent hereunder shall be in writing and shall be sent in a manner requiring a signed receipt, such as courier delivery, or if mailed, registered or certified mail, return receipt requested. Notice to both parties shall be to the address and contact set forth below and updated from time to time.
eScribe Software Ltd.
5300 Commerce Court West, 199 Bay Street
Toronto, ON M5L1B9
Attn: Legal
Customer Contact Info for Notices:

City of Fairfield
Jeff Bertany, IT Manager
1000 Webster St.

Fairfield, CA 94533
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The undersigned parties hereby enter into this Agreement, eScribe Software Ltd. City of Fairfield
Signature Signature
Authorizing Officer, Title
Date:

City Manager
Date:

I have the authority to bind the organization.

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Appendix A – Annual Subscription Fees
*All Currency is in USD and Years 2 through 5 have an annual 5% increase eScribe Annual Service and Support Fees
Module License Type License Fee Quantity Cost
eScribe Transparency Bundle Annual 21,660$ 1 21,660$ eScribe Meeting Manager INCL
eScribe Participant Access INCL
eScribe Internet Publishing INCL
eScribe Report Manager INCL
eScribe Webcasting Plus (includes encoder) INCL
eScribe Meetings Pro App (iOS or Windows 10) INCL Up to 10 eScribe Vote Manager & Request to Speak 3,000$ 1 3,000$ Entra ID or ADFS Authentication 500$ 1 500$ Total - Annual Software and Support Fees 25,160$
Term Payment Year 1 Year 2 Year 3 Year 4 Year 5
Annual 25,160$ 26,418$ 27,739$ 29,126$ 30,582$ One-time 4,100$
Total 29,260$ 26,418$ 27,739$ 29,126$ 30,582$ Total 5 year 143,125$
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Appendix B – Support Services
Subject to the terms and conditions of this Agreement, eScribe shall perform the Support Services as defined.

Definitions:

The definitions used in the Agreement are incorporated herein. In addition, the following terms shall have the following ascribed to them:
“Business Hours”means the hours during which eScribe’s helpdesk is available to take live incoming calls, emails and be available to respond to the Customer’s Support Contacts, namely 8:00 a.m. to 8:00 p.m., Monday through Friday eastern time (excluding statutory holidays). “Extended Hours” means the hours during which eScribe’s helpdesk is available to take urgent calls during 8:00 p.m. to 11:00 p.m. EST, Monday through Friday eastern time (excluding statutory holidays). “Support Contacts”means the Customer designated individuals (to be identified in the attached Problem Reporting Schedule) and any replacements designated in writing to eScribe who will serve as technical liaison between eScribe and Customer and who are to have technical knowledge and experience with the Services used by the Customer. "Updates"shall mean fixes, patches, modifications, improvements to functionality or revisions to the Services and Documentation.

All other capitalized terms shall have the meanings set out in the Agreement.

Support Services:
eScribe will provide the following services to Customer:
a. Technical assistance by telephone or electronic mail. b. Receipt and monitoring of calls during Business Hours at eScribe’ s support desk.
c. Direct access for Customer Support Contacts to eScribe’ s team of support technicians.
d. Provision of any available problem solutions related to the Services e. Make all reasonable commercial efforts to provide a response to reported problems in the manner described in the Problem Reporting Process below.
f. Make available any Updates to the Services and Documentation at no additional charge, subject to Customer’s responsibility for any Implementation Services fees for any new Services.

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Exclusions:
a. Customer’s third-party hardware and software not part of this Agreement.

Problem Reporting Process:

Step 1: Contact eScribe using one of the following methods:

Toll free number 1-855-299-0023
Email: [email protected]
Portal: https://customerportal.eScribemeetings.com
Step 2: Provide the following information:

Provide Support Contact’s name, location the Services are in Use, telephone number and E-mail address.

Step 3: Provide a description of the problem.

Provide as much detail, including system error messages and screen printouts, as possible. eScribe assign a Priority Level based on the response matrix below.

Priority Level Initial Response Status Updates
1- Complete Services or business
critical functions unavailable
or impaired
Within 2 hours Every 4 hours
2- Specific Services functions
unavailable or impaired
Within 4 hours Every 8 hours
3- Services operational, isolated
or individual user issues
Next Business Day As required on each
reported incident
eScribe shall assign a ticket number to reference the case in all future communications with Customer regarding the reported incident.

Customer understands that failure to provide accurate and detailed call information as described above may increase the amount of time needed by eScribe to diagnose the problem and develop a possible solution.

Regardless of the priority assignment, Customer’s problem must relate to the Services in order for Support Services to be applied hereunder. Where eScribe is required to perform Support Services outside of the scope of the Agreement, including but not limited to investigations, efforts and Packet Page 49 of 126Attachment 2 Page 20 of 28

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resolutions pertaining to third party software, hardware, networks or facilities, eScribe shall charge Customer at its daily Implementation Services rate for the services rendered.

Using the Customer Community Portal, customers are able to check the status of their support tickets at any time.

The case will not be closed by eScribe until receipt of written confirmation from the Support Contact that the problem has been resolved. If written confirmation or feedback is not received within ten (10) business days, it will be assumed the problem has been resolved and the case will be closed.

General Support Terms:
a. The Support Contacts will be the only persons authorized to receive the Support Services hereunder and to instruct eScribe in respect of Support Services.
b. The delivery of Support Services hereunder does not extend to: i) Inadequate Customer computer configurations, installed third party software, internet connection issues or general internet congestion issues; ii) Services which have been altered, modified or improperly configured by the Customer, its customers, or any third party without eScribe’s prior written consent; iii) failures related to an accident, disaster or other Force Majeure event; iv) any unauthorized use of the Services; c. eScribe warrants that its Support Services personnel shall deliver services in a professional manner and in accordance with industry standards. d. Response and resolution times provided in the Problem Reporting Process or otherwise whether orally or in writing, are intended as good faith estimates, guidelines or objectives only and are not to be taken as warranties or representations.

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Appendix C – Implementation Services
Subject to the terms and conditions of this Agreement, eScribe shall perform the Implementation Services as listed below.

Implementation Fees Service Fee Quantity Cost
eScribe Transparency Setup/Training One time 4,100$ 1 4,100$ eScribe to create 10 Meeting Types, 3 Report Template, 5 Workflows INCL 10 x eScribe Academy Licenses INCL
Total - One-time Implementation Fees 4,100$
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Appendix D – Legacy and Third Party Migrated Data Storage Fees* Upon the completion of the initial, or any subsequent Term or Third-Party Data Migration, (Appendix E) eScribe will measure the total Customer Content Storage in gigabytes (GB) to calculate any Legacy Data storage fees based on the following schedule:

GB Price / GB / Year
0-50 $ 10.00
51-100 $ 9.50
101-150 $ 9.00
151-200 $ 8.50
201-300 $ 8.00
301+$ 7.50
*All Currency is in US Dollars.

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Appendix E – Third Party Data Migration – Project Scope Subject to the terms and conditions of this Agreement, eScribe shall perform the Third- Party Data Migration Services listed below.

In Scope
-N/A
Out of Scope
-N/A
Assumptions
-N/A
Optional Sections
N/A
Additional Notes
-N/A
Migration Timelines
Data migrations are done as a phase 2 of your onboarding project. Migration projects are not committed to the schedule until the project planning phase with your onboarding team.

While we do our best to schedule as close as possible to go-live, typical lead times are approximately 6 months from date of scheduling. It is important to note that the incumbent system must remain available until after the migration is completed.

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Note, an additional cost may apply if the migration needs to happen sooner than the initially scheduled timeline.

Additional Fees
At the completion of the migration, an additional legacy data storage fee will be charged based on the amount of migrated data in gigabytes (GB) as per the table in Appendix D.

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APPENDIX “F”

INSURANCE REQUIREMENTS
eScribe 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 eScribe, 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
The following insurance is also required.

Cyber Liability Insurance in the minimum amount of $1,000,000 per occurrenceX Packet Page 55 of 126Attachment 2 Page 26 of 28

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3)INSURANCE PROVISIONS
a)DEDUCTIBLES AND SELF-INSURED RETENTIONS. Any deductibles or self- insured retentions must be declared to and approved by Customer. At the option of Customer, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects Customer, its officers, officials, employees and volunteers; or Customer shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses.
a)The general and automobile liability policies (and if applicable, cyber liability, garage keepers liability and builder’s risk policies) are to contain, or be endorsed to contain, the following provisions:
i)Customer, 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 eScribe; products and completed
operations of eScribe; premises owned, occupied or
used by eScribe; and automobiles owned, leased, hired
or borrowed by eScribe. The coverage shall contain no
special limitations on the scope of protection afforded to Customer, its officers, officials, employees or
volunteers.
ii)Forany claims related tothisproject,eScribe’s insurance coverage shall be primary insurance as respects
Customer, its officers, officials, employees and
volunteers. Any insurance or self-insured maintained by Customer, its officers, officials, employees or volunteers shall be excess of eScribe’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 Customer, its officers,
officials, employees or volunteers.
iv)eScribe’sinsurance shallapplyseparatelytoeachinsured 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 statethat coverageshallnotbesuspended,
voided, canceled by either party, reduced in coverage
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orin limits except afterthirty (30) days’prior written notice by certified mail, return receipt requested, has been
given to Customer.
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 eScribe’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.
b)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 Customer.
c) VERIFICATION OF COVERAGE. eScribe shall furnish Customer with original endorsements effecting coverage required by this Appendix F. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms equivalent to CG 20 10 11 85 subject to Customer approval. All insurance certificates and endorsements are to be received and approved by Customer before work commences; these documents must be submitted electronically through the Exigis insurance system,certificates- [email protected]. At the request of the Customer, eScribe shall provide complete copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. d)SUB-CONTRACTORS. eScribe shall require all subcontractors to procure and maintain insurance policies subject to the requirements of this Appendix F. Failure of eScribe to verify existence of sub-contractor’s insurance shall not relieve eScribe from any claim arising from sub- contractors work on behalf of eScribe.

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Agenda Item No: 6.

AGENDA REPORT
DATE:September 17, 2024
TO:Mayor and City Council
FROM:David Gassaway, City Manager
SUBJECT:Resolution 2024226 of the City Council of the City of Fairfield Approving a Professional Services Agreement for Fiber Network Consulting from Smart Fiber Networks and Authorizing an Update to the Fiscal Year 20242025 Budget RECOMMENDED ACTION
Adopt resolution.

STATEMENT OF ISSUE
The Information Technology (IT) Department would like to engage with Smart Fiber Networks to provide municipal fiber network consulting services. The IT Department and Smart Fiber Networks have requested to enter into a Professional Services Agreement (PSA).

DISCUSSION
The IT and Public Works Departments are working on a Broadband Project to improve City infrastructure and increase broadband access and adoption. Senate Bill 378 was passed in 2021 to improve access to highspeed internet in California. The bill states that fiber deployment is key to connecting more Californians to highspeed internet, and that expediting fiber permit applications can help promote this goal. The bill also requires local agencies to allow microtrenching for fiber installation, and to adopt or amend policies to allow for microtrenching. In order to comply with the mandate, the IT Department recommends engaging in a professional services agreement (PSA) with Smart Fiber Networks.

The PSA will allow Smart Fiber Networks to provide fiber network consulting and project management services. The agreement will provide business case development, planning, design, budgeting, program and construction management, field surveys, cable selection, and other technical consulting services. This will help develop construction standards related to the City’s broadband infrastructure efforts. This will include standardization for the mandated microtrenching applications and processes for responding to related utility provider requests.

The project aligns with the council’s goal of Quality Life and Strategy for Infrastructure and Beautification.

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Agenda Item No: 6.AGENDA REPORTDATE:September 17, 2024 TO:Mayor and City CouncilFROM:David Gassaway, City ManagerSUBJECT:Resolution 2024226 of the City Council of the City of Fairfield Approving aProfessional Services Agreement for Fiber Network Consulting from Smart FiberNetworks and Authorizing an Update to the Fiscal Year 20242025 BudgetRECOMMENDED ACTIONAdopt resolution.STATEMENT OF ISSUEThe Information Technology (IT) Department would like to engage with Smart Fiber Networks to providemunicipal fiber network consulting services. The IT Department and Smart Fiber Networks haverequested to enter into a Professional Services Agreement (PSA).DISCUSSIONThe IT and Public Works Departments are working on a Broadband Project to improve Cityinfrastructure and increase broadband access and adoption. Senate Bill 378 was passed in 2021 toimprove access to highspeed internet in California. The bill states that fiber deployment is key toconnecting more Californians to highspeed internet, and that expediting fiber permit applications canhelp promote this goal. The bill also requires local agencies to allow microtrenching for fiber installation,and to adopt or amend policies to allow for microtrenching. In order to comply with the mandate, the ITDepartment recommends engaging in a professional services agreement (PSA) with Smart FiberNetworks.The PSA will allow Smart Fiber Networks to provide fiber network consulting and project managementservices. The agreement will provide business case development, planning, design, budgeting,program and construction management, field surveys, cable selection, and other technical consultingservices. This will help develop construction standards related to the City’s broadband infrastructureefforts. This will include standardization for the mandated microtrenching applications and processesfor responding to related utility provider requests.

The project aligns with the council’s goal of Quality Life and Strategy for Infrastructure and Beautification.

FINANCIAL IMPACT
The attached PSA between the City and Smart Fiber Networks will not exceed $100,000 per year or $300,000 for the initial threeyear agreement. It is anticipated that one additional renewal of a three year term will be needed. The total cost for six years will be a maximum of $600,000. The current year amount was not budgeted in the fiscal year 20242025 budget and requires a budget adjustment to increase appropriations to the Intergovernmental Services (IGS) Fund (Organization Code 55125199, Project 10414). The future costs will be included in future fiscal year’s budgets, subject to budget appropriation.

PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
N/A
ALTERNATIVE ACTION
The council may choose not to approve the proposed PSA with Smart Fiber Networks. This could halt the Broadband Project’s progress, causing delays and compliance issues for utility providers requesting permits.

STAFF CONTACT
Travis Jones, Senior IT Analyst
(707) 4287540
[email protected]
COORDINATED WITH
Finance Department, Public Works Department
ATTACHMENTS:

Description
Proposed Resolution
Proposed Agreement
REVIEWERS:

Reviewer Action Date
Chaudhary, Savita Approved 9/3/2024 6:59 PM
Beavers, Esther Approved 9/3/2024 8:22 PM
Beavers, Esther Approved 9/3/2024 8:22 PM
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CITY OF FAIRFIELD

RESOLUTION NO. 2024-226

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

SERVICES AGREEMENT WITH SMART FIBER NETWORKS AND AUTHORIZING AN UPDATE TO THE FISCAL YEAR 2024-2025 BUDGET

WHEREAS, The Information Technology (IT) Department is working on a Broadband Project to improve City infrastructure and increase broadband access and adoption ; and

WHEREAS, Senate Bill (SB) 378 was passed in 2021 to improve access to high-speed internet in California; and

WHEREAS, SB 378 states that fiber deployment is key to connecting more Californians to high - speed internet, and that expediting fiber permit applications can help promote this goal; and

WHEREAS, SB 378 also requires local agencies to allow microtrenching for fiber installation and to adopt or amend policies to allow for microtrenching; and

WHEREAS, the City of Fairfield plans to develop broadband standards and processe s; and

WHEREAS, the City IT department is recommending engaging Smart Fiber Networks to provide fiber network consulting and project management services ; and

WHEREAS, funding was not allocated in the City’s approved fiscal year (FY) 2024-2025 budget, thus requiring an increase of $100,000 in appropriations to the Intergovernmental Services (IGS) Fund (Fund 551); 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 council authorizes the Professional Services Agreement with Smart Fiber Network for consulting services in the amount of $100,000 annually for a total not to exceed $300,000 for the initial three-year term from the IGS Fund (Fund 551; Project 10414).

Section 2. The council hereby authorizes one additional renewal of a three-year term in the amount of an additional $300,000, subject to budget appropriation with the future budget cycle.

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Section 3. The council hereby approves an increase of budget appropriations of $100,000 to Fund 551.

Section 4. The council hereby authorizes the city manager or designee to take all steps necessary or useful to implement this resolution.

PASSED AND ADOPTED this 17th day of September 2024, by the following vote:

_________________________________________________
MAYOR
ATTEST:
___________________________

CITY CLERK

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1 Revised 6/28/2024

PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made at Fairfield, California, as of ________________, 2024, by and between the City of Fairfield, a municipal corporation Smart Fiber Networks ("CONSULTANT"), who agree as follows:
1) SERVICES. Subject to the terms and conditions set forth in this Agreement, CONSULTANT shall CONSULTANT. CONSULTANT shall provide said services at the time, place, and in the manner specified in

2) PAYMENT. CITY shall pay CONSULTANT for services rendered pursuant to this Agreement at only payments to be made to CONSULTANT for services rendered pursuant to this Agreement.

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
Agreement. In the event of any inconsistency between said general provisions and any other terms or

5) INSURANCE REQUIREMENTS
this Agreement. In the event of any inconsistency between said general provisions and any other terms ol.
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 in effect for an initial three-year term through June 30, 2027, with an option to renew for an additional three-year 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 ue for any such
action relating to this Agreement shall be in the Solano County Superior Court. 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 Packet Page 62 of 126Attachment 2 Page 1 of 12

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Agenda Item No: 7.

AGENDA REPORT
DATE:September 17, 2024
TO:Mayor and City Council
FROM:David Gassaway, City Manager
SUBJECT:Resolution 2024227 of the City Council of the City of Fairfield Accepting the North Bay Regional Water Treatment Plant Laboratory Improvement Project as Complete RECOMMENDED ACTION
Adopt resolution.

STATEMENT OF ISSUE
The adoption of the resolution accepts the North Bay Regional Water Treatment Plant Laboratory Improvement Project (Project) as complete.

DISCUSSION
On November 15, 2022, the City adopted Resolution 2022300 approving a contract with CWS Construction Group, Inc. (CWS) to remodel and reorganize approximately 1,560 square feet of the existing water quality lab located at the North Bay Regional Water Treatment Plan. The Project consisted of replacing laboratory cabinets, sinks, flooring, acoustic ceilings, plumbing, and electrical upgrades.

The construction authorization for the Project was approved for $1,930,500. This amount included a total bid of $1,755,000 and a 10% contingency of $175,500. The final cost for the Project was $1,833,783, which is approximately 5% below the amount authorized for construction.

FINANCIAL IMPACT
Ongoing maintenance and expenses associated with the laboratory will be managed by the North Bay Regional Water Treatment Plant staff and funded by the North Bay Regional (Fund 465).

PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
N/A
ALTERNATIVE ACTION
If the council has any questions, acceptance may be delayed so that staff may provide the necessary Packet Page 74 of 126

Agenda Item No: 7.AGENDA REPORTDATE:September 17, 2024 TO:Mayor and City CouncilFROM:David Gassaway, City ManagerSUBJECT:Resolution 2024227 of the City Council of the City of Fairfield Accepting the North BayRegional Water Treatment Plant Laboratory Improvement Project as CompleteRECOMMENDED ACTIONAdopt resolution.STATEMENT OF ISSUEThe adoption of the resolution accepts the North Bay Regional Water Treatment Plant LaboratoryImprovement Project (Project) as complete.DISCUSSIONOn November 15, 2022, the City adopted Resolution 2022300 approving a contract with CWSConstruction Group, Inc. (CWS) to remodel and reorganize approximately 1,560 square feet of theexisting water quality lab located at the North Bay Regional Water Treatment Plan. The Projectconsisted of replacing laboratory cabinets, sinks, flooring, acoustic ceilings, plumbing, and electricalupgrades.The construction authorization for the Project was approved for $1,930,500. This amount included atotal bid of $1,755,000 and a 10% contingency of $175,500. The final cost for the Project was$1,833,783, which is approximately 5% below the amount authorized for construction.FINANCIAL IMPACTOngoing maintenance and expenses associated with the laboratory will be managed by the North BayRegional Water Treatment Plant staff and funded by the North Bay Regional (Fund 465).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 additional 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 9/3/2024 8:34 PM
Chaudhary, Savita Approved 9/3/2024 8:40 PM
Beavers, Esther Approved 9/4/2024 11:12 AM
Beavers, Esther Approved 9/4/2024 11:13 AM
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CITY OF FAIRFIELD

RESOLUTION NO. 2024-227

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

REGIONAL WATER TREATMENT PLANT LABORATORY IMPROVEMENT PROJECT AS COMPLETE

WHEREAS, the City Council approved a contract with CWS Construction Group, Inc. (CWS) for the North Bay Regional Water Treatment Plant Laboratory Improvement Project (Project) on November 15, 2022, by Resolution No. 2022-300; and

WHEREAS, CWS 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 CWS approved by council on November 15, 2022.

PASSED AND ADOPTED this 17th day of September 2024, by the following vote:

_________________________________________________
MAYOR
ATTEST:
___________________________

CITY CLERK

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Agenda Item No: 8.

AGENDA REPORT
DATE:September 17, 2024
TO:Mayor and City Council
FROM:David Gassaway, City Manager
SUBJECT:Resolution 2024228 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 Shpigler Consulting, Inc. for Advanced Metering Infrastructure Project Management Support
RECOMMENDED ACTION
Adopt resolution.

STATEMENT OF ISSUE
The proposed professional services agreement will provide for project management support related to the Water Utility’s efforts to implement an Advanced Metering Infrastructure (AMI) System in the City of Fairfield.

DISCUSSION
AMI is the modern iteration of water metering technology. The City currently uses Automated Meter Reading (AMR) technology, which requires staff to drive by the meters with a device to collect meter read data. That data then is imported into the billing system by staff. AMI meters are connected devices that automatically transmit data to the designated systems. AMI systems collect real time data, which can be transmitted on an interval designated by the Utility. These meters and systems also contain built in analytics that help detect possible leaks. Not only do the AMI meters benefit the utility in terms of data collection, analytics, and reductions in time to bill, but using realtime data aids the City in generating the State required reporting for water use and conservation. As the State continues to add more requirements to its routine reports, it is becoming increasingly necessary for the City’s water system to use AMI.

In September 2023, staff attended the annual Smart Water conference, which included various water technology discussion sessions and vendor booths. Current metering equipment, technologies, and AMI systems were the primary focus of this conference. Two consulting firms that provide project planning and management services for agencies seeking to transition to AMI were identified at the conference. The two companies were Shpigler Consulting Inc. (Shpigler) and ESource. Proposals were solicited from both firms to conduct an analysis to determine the City’s feasibility of transitioning to Packet Page 77 of 126

Agenda Item No: 8.AGENDA REPORTDATE:September 17, 2024 TO:Mayor and City CouncilFROM:David Gassaway, City ManagerSUBJECT:Resolution 2024228 of the City Council of the City of Fairfield Authorizing the CityManager to Execute a Professional Services Agreement Between the City of Fairfieldand Shpigler Consulting, Inc. for Advanced Metering Infrastructure Project ManagementSupportRECOMMENDED ACTIONAdopt resolution.STATEMENT OF ISSUEThe proposed professional services agreement will provide for project management support related tothe Water Utility’s efforts to implement an Advanced Metering Infrastructure (AMI) System in the City ofFairfield.DISCUSSIONAMI is the modern iteration of water metering technology. The City currently uses Automated MeterReading (AMR) technology, which requires staff to drive by the meters with a device to collect meterread data. That data then is imported into the billing system by staff. AMI meters are connected devicesthat automatically transmit data to the designated systems. AMI systems collect real time data, whichcan be transmitted on an interval designated by the Utility. These meters and systems also contain builtin analytics that help detect possible leaks. Not only do the AMI meters benefit the utility in terms of datacollection, analytics, and reductions in time to bill, but using realtime data aids the City in generatingthe State required reporting for water use and conservation. As the State continues to add morerequirements to its routine reports, it is becoming increasingly necessary for the City’s water system touse AMI.In September 2023, staff attended the annual Smart Water conference, which included various watertechnology discussion sessions and vendor booths. Current metering equipment, technologies, andAMI systems were the primary focus of this conference. Two consulting firms that provide projectplanning and management services for agencies seeking to transition to AMI were identified at the conference. The two companies were Shpigler Consulting Inc. (Shpigler) and ESource. Proposals were solicited from both firms to conduct an analysis to determine the City’s feasibility of transitioning to AMI and determine which potential technologies would be viable in Fairfield’s use case. While both firms were qualified to perform the work, ESource was significantly more expensive than Shpigler Consulting. As a result, staff contracted with Shpigler to conduct the analysis. The result of the analysis indicates that an AMI project would be financially viable and beneficial for the City.

Shpigler performed a thorough analysis of the City’s current environment and has gained an indepth understanding of the needs of the City and the stakeholders involved in the project. Shpigler developed this understanding through meetings with various departments and the information provided during the initial analysis. Considering Shpigler’s experience with the City, staff recommends contracting with Shpigler throughout the next phases of the AMI project. These phases include developing technical requirements, issuing and selecting vendor requests for proposals (RFPs), and providing deployment support. Retaining Shpigler during these phases takes direct advantage of the analysis, and more importantly, of the discussions and interactions between Shpigler and the various City departments during the feasibility analysis.

The attached agreement would begin on January 1, 2025, and has a term of four years through December 31, 2028. Staff recommends entering into an agreement with Shpigler to provide project management support for the AMI project.

FINANCIAL IMPACT
The total authorization for this agreement is in an amount nottoexceed $432,000. The cost for this agreement will be paid out of the Water Enterprise Capital Fund (Fund 462; Project No. CPW090055).

PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
N/A
ALTERNATIVE ACTION
The council may delay approval of the professional services agreement so that staff can address any council concerns.

STAFF CONTACT
Michael J. Hether, Assistant Public Works DirectorUtilities (707) 4287493
[email protected]
COORDINATED WITH
Finance Department, Information Technology
ATTACHMENTS:

Description
Proposed Resolution
Proposed Agreement
REVIEWERS:

Reviewer Action Date
Hether, Michael Approved 9/4/2024 10:28 AM
Chaudhary, Savita Approved 9/4/2024 1:13 PM
Beavers, Esther Approved 9/4/2024 2:58 PM
Beavers, Esther Approved 9/4/2024 2:58 PM
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CITY OF FAIRFIELD

RESOLUTION NO. 2024-228

RESOLUTION 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 SHPIGLER CONSULTING, INC. FOR ADVANCED METERING INFRASTRUCTURE

PROJECT MANAGEMENT SUPPORT

WHEREAS, the City of Fairfield currently operates an Automated Meter Reading (AMR) system for reading the City’s water meters; and

WHEREAS, the City received proposals from multiple firms to perform a financial feasibility analysis for the implementation of Advanced Metering Infrastructure (AMI) in the city; and

WHEREAS, the proposal submitted by Shpigler Consulting, Inc. (Shpigler) was responsive and the lowest price; and

WHEREAS, Shpigler performed a thorough analysis of the City’s water meter data collection environment and gained an in-depth understanding of the needs of the City and the project stakeholders; and

WHEREAS, the analysis completed by Shpigler demonstrates that the implementation of AMI is viable and cost effective for the City; and

WHEREAS, staff seeks to enter into an agreement with Shpigler for the next phases of an AMI project.

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 an Agreement between the City of Fairfield and Shpigler for Advanced Metering Infrastructure Project Management Support for a total not-to-exceed fee of $432,000 for a term of four years from January 1, 2025, through December 31, 2028.

Section 2. The director of public works is hereby authorized to take all steps necessary to implement this resolution.

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PASSED AND ADOPTED this 17th day of September 2024, by the following vote:

_________________________________________________
MAYOR
ATTEST:
___________________________

CITY CLERK

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Agenda Item No: 9.

AGENDA REPORT
DATE:September 17, 2024
TO:Mayor and City Council
FROM:David Gassaway, City Manager
SUBJECT:Resolution 2024229 of the City Council of the City of Fairfield Authorizing Amendment No. 1 to Task Order No. 4 for DKS Associates to Provide Additional Engineering and Design Services for the Adaptive Signal Control Technology Project RECOMMENDED ACTION
Adopt resolution.

STATEMENT OF ISSUE
The Adaptive Signal Control Technology Project (ASCT Project) includes the installation of Adaptive Signal Control Technology (ASCT) on 16 traffic signals along two highly traveled corridors within the city, making this the largest ASCT installation at a single time in the City’s history. In previous projects, ASCT was installed on only threetofour traffic signals at a time. The ASCT Project is nearing completion and the City has requested DKS Associates (DKS) to provide engineering services for deployment, verification, and evaluation of the technology to ensure that the technology is operating to its fullest potential.

DISCUSSION
Traffic signal timing (green, yellow, and red time) is set to serve routine/regular traffic conditions. These default settings are made by analyzing weeks of traffic turning movement data. If an unanticipated traffic event were to occur, the default settings would not best serve the drivers on the roadway. ASCT is a system that adjusts traffic signal timing in realtime to account for changing traffic patterns, improving safety, and reducing congestion without permanently altering a traffic signal’s default settings. Once the unanticipated event has passed and traffic conditions are back to normal, the default settings would return.

Travis Boulevard and North Texas Street are one of the City’s most highly traveled corridors. These corridors are used to bypass interstate 80 traffic due to vehicular collisions and on holiday weekends.

Because traffic collisions are unanticipated and holiday weekends are few and far between, the traffic signals along the corridors are not designed to serve traffic in those conditions. This leads to heavy congestion and increased delay on Travis Boulevard and North Texas Street. As a response to this problem, City Council authorized DKS to provide engineering services to prepare construction contract Packet Page 93 of 126

To construct the Project, the City was required to obtain a Caltrans Encroachment Permit because two traffic signals along the corridors are within Caltrans right of way. During the encroachment permit review process, Caltrans required the City to make significant changes to the design of the Project. To keep the Project moving forward, the City reallocated unspent budget from a future task of the Task Order with DKS to fund the immediate redesign work required by Caltrans for the encroachment permit.

At the time of reallocation, staff anticipated a future amendment would be necessitated to complete the deployment, verification, and evaluation of the technology to complete the Project.

The verification and evaluation report will identify deficiencies after the ASCT has been deployed. Data based solutions in addressing those deficiencies with recommendations for fine tuning the system will also be provided. Because the reports are based on specialized data related to ASCT, it requires a specialist to interpret the data. DKS has the expertise in interpreting the data and they have an impressive resume of assisting agencies in managing and analyzing ASCT systems. Some of those agencies include Union City and Walnut Creek. DKS also understands the City’s overall goal with ASCT, as they drafted the City’s ‘System Requirement for ASCT’ report prior to the design of the Project.

On April 16, 2019, the council approved Resolution No. 201978 approving a design services agreement with DKS for oncall engineering services with a nottoexceed amount of $600,000 per year. This resolution was amended on March 20, 2020, by Resolution No. 202042 to allow the city manager to approve task orders up to $100,000, with the understanding that task orders in excess of $100,000 be presented to the council for approval. The oncall agreement is for a threeyear period through April 22, 2022, with the ability to extend the agreement for two additional oneyear terms upon mutual consent. This resolution was amended for a third time on May 21, 2024, by Resolution No. 2024 116, which extends the term of the agreement through December 31, 2024, or until the scope of work for each task order with DKS is complete.

On August 15, 2023, a construction contract for the Project was awarded by Resolution 202312. The ASCT has been installed on the traffic signals along the Travis Boulevard and North Texas Street corridor and the ASCT will need to be deployed and evaluated so that it is functioning properly and operating to its full potential. Amendment No.1 to Task Order No. 4 includes design services for system deployment oversight, system verification, and system evaluation.

FINANCIAL IMPACT
Amendment No. 1 to Task Order No. 4 will increase DKS’s fee by $66,273 for a total nottoexceed amount of $290,263. Funding for this work is budgeted in the Capital Streets Fund (Fund 252, Project CPW070002). Finance has confirmed that there are existing funds from construction for this additional expenditure.

PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
N/A
ALTERNATIVE ACTION
If the council chooses not to approve, the recommended action may be postponed to allow staff to provide the necessary supporting information. However, staff does not recommend this, as it will cause delays in the delivery of the Project.

STAFF CONTACT
Phil Layoso, Assistant Engineer
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Agenda Item No: 9.AGENDA REPORTDATE:September 17, 2024 TO:Mayor and City CouncilFROM:David Gassaway, City ManagerSUBJECT:Resolution 2024229 of the City Council of the City of Fairfield Authorizing AmendmentNo. 1 to Task Order No. 4 for DKS Associates to Provide Additional Engineering andDesign Services for the Adaptive Signal Control Technology ProjectRECOMMENDED ACTIONAdopt resolution.STATEMENT OF ISSUEThe Adaptive Signal Control Technology Project (ASCT Project) includes the installation of AdaptiveSignal Control Technology (ASCT) on 16 traffic signals along two highly traveled corridors within the city,making this the largest ASCT installation at a single time in the City’s history. In previous projects, ASCTwas installed on only threetofour traffic signals at a time. The ASCT Project is nearing completion andthe City has requested DKS Associates (DKS) to provide engineering services for deployment,verification, and evaluation of the technology to ensure that the technology is operating to its fullestpotential.DISCUSSIONTraffic signal timing (green, yellow, and red time) is set to serve routine/regular traffic conditions. Thesedefault settings are made by analyzing weeks of traffic turning movement data. If an unanticipated trafficevent were to occur, the default settings would not best serve the drivers on the roadway. ASCT is asystem that adjusts traffic signal timing in realtime to account for changing traffic patterns, improvingsafety, and reducing congestion without permanently altering a traffic signal’s default settings. Once theunanticipated event has passed and traffic conditions are back to normal, the default settings wouldreturn.Travis Boulevard and North Texas Street are one of the City’s most highly traveled corridors. Thesecorridors are used to bypass interstate 80 traffic due to vehicular collisions and on holiday weekends.Because traffic collisions are unanticipated and holiday weekends are few and far between, the trafficsignals along the corridors are not designed to serve traffic in those conditions. This leads to heavycongestion and increased delay on Travis Boulevard and North Texas Street. As a response to thisproblem, City Council authorized DKS to provide engineering services to prepare construction contractdocuments to design the Project. To construct the Project, the City was required to obtain a Caltrans Encroachment Permit because twotraffic signals along the corridors are within Caltrans right of way. During the encroachment permitreview process, Caltrans required the City to make significant changes to the design of the Project. Tokeep the Project moving forward, the City reallocated unspent budget from a future task of the TaskOrder with DKS to fund the immediate redesign work required by Caltrans for the encroachment permit.At the time of reallocation, staff anticipated a future amendment would be necessitated to complete thedeployment, verification, and evaluation of the technology to complete the Project. The verification and evaluation report will identify deficiencies after the ASCT has been deployed. Databased solutions in addressing those deficiencies with recommendations for fine tuning the system willalso be provided. Because the reports are based on specialized data related to ASCT, it requires aspecialist to interpret the data. DKS has the expertise in interpreting the data and they have animpressive resume of assisting agencies in managing and analyzing ASCT systems. Some of thoseagencies include Union City and Walnut Creek. DKS also understands the City’s overall goal withASCT, as they drafted the City’s ‘System Requirement for ASCT’ report prior to the design of theProject. On April 16, 2019, the council approved Resolution No. 201978 approving a design servicesagreement with DKS for oncall engineering services with a nottoexceed amount of $600,000 peryear. This resolution was amended on March 20, 2020, by Resolution No. 202042 to allow the citymanager to approve task orders up to $100,000, with the understanding that task orders in excess of$100,000 be presented to the council for approval. The oncall agreement is for a threeyear periodthrough April 22, 2022, with the ability to extend the agreement for two additional oneyear terms uponmutual consent. This resolution was amended for a third time on May 21, 2024, by Resolution No. 2024116, which extends the term of the agreement through December 31, 2024, or until the scope of workfor each task order with DKS is complete.On August 15, 2023, a construction contract for the Project was awarded by Resolution 202312. TheASCT has been installed on the traffic signals along the Travis Boulevard and North Texas Streetcorridor and the ASCT will need to be deployed and evaluated so that it is functioning properly andoperating to its full potential. Amendment No.1 to Task Order No. 4 includes design services for systemdeployment oversight, system verification, and system evaluation.FINANCIAL IMPACTAmendment No. 1 to Task Order No. 4 will increase DKS’s fee by $66,273 for a total nottoexceedamount of $290,263. Funding for this work is budgeted in the Capital Streets Fund (Fund 252, ProjectCPW070002). Finance has confirmed that there are existing funds from construction for this additionalexpenditure.PUBLIC CONTACT/ADVISORY BODY RECOMMENDATIONN/AALTERNATIVE ACTIONIf the council chooses not to approve, the recommended action may be postponed to allow staff toprovide the necessary supporting information. However, staff does not recommend this, as it will causedelays in the delivery of the Project.

STAFF CONTACT
Phil Layoso, Assistant Engineer
(707) 4287505
[email protected]
COORDINATED WITH
Finance Department
ATTACHMENTS:

Description
Proposed Resolution
DKS Proposal (Dated July 12, 2024)
REVIEWERS:

Reviewer Action Date
Panganiban, Ryan Approved 9/4/2024 2:30 PM
Chaudhary, Savita Approved 9/4/2024 3:33 PM
Beavers, Esther Approved 9/9/2024 11:11 AM
Beavers, Esther Approved 9/9/2024 11:12 AM
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CITY OF FAIRFIELD

RESOLUTION NO. 2024-229

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAIRFIELD APPROVING AMENDMENT NO. 1 TO TASK ORDER NO. 4 FOR DKS ASSOCIATES TO PROVIDE ADDITIONAL ENGINEERING AND

DESIGN SERVICES FOR THE ADAPTIVE SIGNAL CONTROL TECHNOLOGY PROJECT

WHEREAS, City Council authorized the city manager to enter into a Design Services Agreement with DKS Associates (DKS) on April 16, 2019, by Resolution 2019-78; and

WHEREAS, the City authorized Task Order No. 4 on March 16, 2021, for engineering and design services for the Adaptive Signal Control Technology Project (Project), with DKS for $223,990; and

WHEREAS, additional professional design services are required to deploy, verify, and evaluate the Adaptive Signal Control Technology; and

WHEREAS, staff has reviewed the proposed scope of work by DKS and determined the costs are fair and reasonable; and

WHEREAS, Amendment No. 1 to Task Order No. 4 will increase the total compensation by $66,273 to provide additional engineering services to complete the Project design.

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 Amendment No. 1 to Task Order No. 4 to the Agreement between the City and DKS for the Project.

Section 2. Amendment No. 1 to Task Order No. 4 will increase the maximum fee by $66,273 for a total not-to-exceed fee of $290,263 from Capital Streets Fund.

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RES. NO. 2024-229

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PASSED AND ADOPTED this 17th day of September 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: 10.

AGENDA REPORT
DATE:September 17, 2024
TO:Mayor and City Council
FROM:David Gassaway, City Manager
SUBJECT:Resolution 2024230 of the City Council of the City of Fairfield Authorizing an Update to the Fiscal Year 2024–2025 Budget for the Red Top Road Widening Improvements and Phase 3 Master Infrastructure Clay Bank Road Improvements RECOMMENDED ACTION
Adopt resolution.

STATEMENT OF ISSUE
Additional improvements were identified during construction of the Red Top Road Widening Improvements and the Phase 3 Master Infrastructure Clay Bank Road Improvements (Projects). The construction of major roadway projects typically entails modifications and adjustments in the field to accommodate existing conditions. It is not uncommon for multimilliondollar capital roadway construction contracts to include a contingency budget to cover these unforeseen issues. Approval of the attached resolution will authorize an adjustment to the fiscal year (FY) 20242025 budget to fund the added construction work associated with the Projects.

DISCUSSION
On June 20, 2023, the City Council adopted Resolution No. 2023155 approving an Improvement Agreement with Albert D. Seeno Construction Company for the Red Top Road Widening Improvements to widen Red Top Road between Havenhill Road and Interstate 80 from a twolane roadway to a four lane arterial road with two lanes in each direction. The approved plans specified that the existing lanes (i.e., future northbound Red Top Road) would receive a seal coat. During construction, staff determined that the seal coat would not adequately repair the potholes and surface cracks in the existing roadway.

To provide a smooth driving surface staff recommended removing the top 2” of distressed, cracked asphalt, with a new 2” of asphalt. In order to complete the construction work at Red Top Road before the 20242025 school year began and mitigate impacts to the residential area, the City executed a contract with Ghilotti Construction Company in the amount of $71,016. This amount represents the city’s contribution for the pavement work less the developer’s prorata share.

Agenda Item No: 10.AGENDA REPORTDATE:September 17, 2024 TO:Mayor and City CouncilFROM:David Gassaway, City ManagerSUBJECT:Resolution 2024230 of the City Council of the City of Fairfield Authorizing an Update tothe Fiscal Year 2024–2025 Budget for the Red Top Road Widening Improvements andPhase 3 Master Infrastructure Clay Bank Road ImprovementsRECOMMENDED ACTIONAdopt resolution.STATEMENT OF ISSUEAdditional improvements were identified during construction of the Red Top Road WideningImprovements and the Phase 3 Master Infrastructure Clay Bank Road Improvements (Projects). Theconstruction of major roadway projects typically entails modifications and adjustments in the field toaccommodate existing conditions. It is not uncommon for multimilliondollar capital roadwayconstruction contracts to include a contingency budget to cover these unforeseen issues. Approval ofthe attached resolution will authorize an adjustment to the fiscal year (FY) 20242025 budget to fund theadded construction work associated with the Projects.DISCUSSIONOn June 20, 2023, the City Council adopted Resolution No. 2023155 approving an ImprovementAgreement with Albert D. Seeno Construction Company for the Red Top Road Widening Improvementsto widen Red Top Road between Havenhill Road and Interstate 80 from a twolane roadway to a fourlane arterial road with two lanes in each direction. The approved plans specified that the existing lanes(i.e., future northbound Red Top Road) would receive a seal coat. During construction, staff determinedthat the seal coat would not adequately repair the potholes and surface cracks in the existing roadway.To provide a smooth driving surface staff recommended removing the top 2” of distressed, crackedasphalt, with a new 2” of asphalt. In order to complete the construction work at Red Top Road before the20242025 school year began and mitigate impacts to the residential area, the City executed a contractwith Ghilotti Construction Company in the amount of $71,016. This amount represents the city’scontribution for the pavement work less the developer’s prorata share.

On March 5, 2024, the council adopted Resolution No. 202448 approving an Improvement Agreement with Rancho Tolenas Corp. for the Phase 3 Master Infrastructure Clay Bank Road Improvements. These improvements included adding two northbound lanes to Clay Bank Road from Manual Campos Parkway to Cement Hill Road, modification of the median, median landscaping, turn pockets, and resurfacing of the existing southbound lanes. Staff identified additional improvements during the construction at Clay Bank Road, which includes the installation of a synthetic fabric beneath 94,025 square feet along the southbound lanes of Clay Bank Road to provide a moisture barrier and stress absorbing interlayer underneath the new asphalt. This upgrade was not identified as part of the City approved project and is a change order to the original improvement agreement. The proposed estimate for the additional improvements is $38,300.

Funding for the additional improvements of the Projects were not included in the FY 20242025 budget and necessitate a budget adjustment. Staff recommends a budget adjustment of $121,000 for the construction of both Projects ($71,016 contract for Red Top Road + $38,300 cost estimate for Clay Bank Road + 10% contingency).

FINANCIAL IMPACT
The funding for the construction work for the Projects was not included in the FY 20242025 budget and will require a total budget adjustment of $121,000 from the State Gas Tax Fund (Fund 162) to the Streets Capital Project Fund (Fund 252). This will result in an increase to the Pavement Maintenance Operations Project (CPW070021; Organization Code 10160206) which will be funded by the State Gas Tax Fund (Fund 162). Finance has confirmed that adequate reserves exist and that no projects will be jeopardized by this additional expenditure.

PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
N/A
ALTERNATIVE ACTION
If the council has any questions, this request may be delayed so that staff can provide the necessary information.

STAFF CONTACT
Ryan Panganiban, Assistant Public Works Director/City Engineer (707) 4287017
[email protected]
COORDINATED WITH
Finance Department
ATTACHMENTS:

Description
Proposed Resolution
REVIEWERS:

Reviewer Action Date
Panganiban, Ryan Approved 9/3/2024 8:39 PM
Chaudhary, Savita Approved 9/3/2024 8:40 PM
Beavers, Esther Approved 9/4/2024 11:13 AM
Beavers, Esther Approved 9/4/2024 11:13 AM
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CITY OF FAIRFIELD

RESOLUTION NO. 2024-230

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAIRFIELD AUTHORIZING AN UPDATE TO THE FISCAL YEAR 2024–2025 BUDGET FOR THE RED TOP ROAD WIDENING IMPROVEMENTS AND PHASE 3 MASTER INFRASTRUCTURE CLAY BANK ROAD IMPROVEMENTS

WHEREAS, the City Council approved an Improvement Agreement with Albert D. Seeno Construction Company for the Red Top Road Widening Improvements on June 20, 2023, by Resolution No. 2023-155; and

WHEREAS, the council approved an Improvement Agreement with Rancho Tolenas Co rp. for the Phase 3 Master Infrastructure Clay Bank Road Improvements on March 24, 2024, by Resolution No. 2024-48; and

WHEREAS, additional improvements were identified during the construction of both projects; and

WHEREAS, funding was not allocated in the City’s approved fiscal year (FY) 2024-2025 budget, thus requiring an adjustment of $121,000 to cover the construction costs for both projects; 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 council hereby approves an increase in budget for the Pavement Maintenance Operations Project (CPW070021; Organization Code 10160206).

Section 2. The council hereby approves a budget transfer of $121,000 from State Gas Tax Fund (Fund 162) to the Pavement Maintenance Operations Project in the Streets Capital Project Fund (Fund 252, Project CPW070021).

Section 3. The director of public works or designee is hereby authorized to approve and make payments for the construction work for the Red Top Road Widening Improvements and the Phase 3 Master Infrastructure Clay Bank Road Improvements in a total amount not-to-exceed $121,000.

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RES. NO. 2024-230

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PASSED AND ADOPTED this 17th day of September 2024, by the following vote:

_________________________________________________
MAYOR
ATTEST:
___________________________

CITY CLERK

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Agenda Item No: 11.

AGENDA REPORT
DATE:September 17, 2024
TO:Mayor and City Council
FROM:David Gassaway, City Manager
SUBJECT:Resolution 2024231 of the City Council of the City of Fairfield Approving Credit Card Processing Fees "Convenience Fees" to be Passed on to the End Users RECOMMENDED ACTION
Adopt resolution.

STATEMENT OF ISSUE
The City Council is asked to approve the changes to the City's credit card processing practice so that fees will no longer be absorbed by the City and instead passed on to the customers. This is in line with the California State Government Code Section 6159(h) which allows for the fees to be passed on to the customers.

The City of Fairfield currently pays for the costs of credit card fees made by customers when they pay for City services using a credit card. The Finance Department recommends that the credit card fees be passed on to the customer as allowed by law and in fitting with standard practice for government agencies.

DISCUSSION
On February 20, 2024, the council approved Resolution 202415 approving credit card processing fees to be passed on to the end users. In that staff report, we made the following recommendation. “To mitigate the significant and growing charges associated with accepting credit cards, staff is recommending that these fees be paid directly by the customer to the credit card processor.” Since that time, the City worked with its different platforms and processors for processing credit cards, the fee charges have been implemented for our Parks & Recreation, Business license, and utility systems where the charges that are passed through to the customer will range from 2.85% to 3%, or less. Utility systems are on a fixed amount of $2.95% per transaction up to $500. This fee is in line with what other government agencies charge as a convenience fee or as a passthrough fee. Automated Clearing House (ACH) and echeck payments have a much smaller processing fee of $0.30 to $1.25 per transaction and will continue to be absorbed by the City, allowing for a nofee alternative payment method for those wanting to pay online.

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As we worked with our vendors on rates we hit a roadblock in negotiations with our enterprise planning system vendor Tyler Technologies. The vendors' cashiering systems are used to accept cash at our various locations for Police, Fire, Finance, and Community Development where it will be widely used as we implement the Envergov permitting system. The Vendor had quoted us rates of 3.57% to 3.95% for passing on charges to customers. Staff feel that these charges are extremely high and unreasonable in comparison to all the other fees we have negotiated with other vendors, and we have been unable to get them any lower; part of the issue being they have monopolized the payment processing on the Tyler platforms and are overcharging as a result.

Staff have come up with an alternative proposal to resolve the issue. Under the current “absorbed model” (wherein the fees are absorbed by the city) we pay between 3.05% to 3.25% to Tyler pay for processing card payments. We are proposing the council allow the city to collect a fee of 3% if a customer decides to pay by a credit card, the city will absorb the excess charges.

Government Code section 6159(h) allows the council to “impose a fee for the use of a credit card or debit card or electronic funds transfer, not to exceed the costs incurred by the agency or agent in providing for payment by credit or debit card or electronic funds transfer.” The council must approve the imposition of this fee. While the council has approved the imposition of the fee by way of “fees be paid directly by the customer to the credit card processor.”The new resolution will allow us to collect the fee ourselves as long as it is lower that what the city will pay to the credit card processer in total.

FINANCIAL IMPACT
The council's approval of passing the credit card fees to the end user will result in savings for the City of approximately $200,000 or more per year and will be reflected across various funds where credit card activity takes place on Tyler platforms.

PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
N/A
ALTERNATIVE ACTION
The council may choose not to approve the revised charges, and the City would continue to absorb the fees for payments made through Tyler Technologies platforms.

STAFF CONTACT
John Furtado, Director of Finance
(707) 4287629
[email protected]
COORDINATED WITH
City Attorney's Office, City Manager's Office
ATTACHMENTS:

Description
Proposed Resolution
REVIEWERS:

Reviewer Action Date
Furtado, John Approved 9/9/2024 7:22 PM
Beavers, Esther Approved 9/9/2024 7:30 PM
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Agenda Item No: 11.AGENDA REPORTDATE:September 17, 2024 TO:Mayor and City CouncilFROM:David Gassaway, City ManagerSUBJECT:Resolution 2024231 of the City Council of the City of Fairfield Approving Credit CardProcessing Fees "Convenience Fees" to be Passed on to the End UsersRECOMMENDED ACTIONAdopt resolution.STATEMENT OF ISSUEThe City Council is asked to approve the changes to the City's credit card processing practice so thatfees will no longer be absorbed by the City and instead passed on to the customers. This is in line withthe California State Government Code Section 6159(h) which allows for the fees to be passed on to thecustomers.The City of Fairfield currently pays for the costs of credit card fees made by customers when they payfor City services using a credit card. The Finance Department recommends that the credit card fees bepassed on to the customer as allowed by law and in fitting with standard practice for governmentagencies.DISCUSSIONOn February 20, 2024, the council approved Resolution 202415 approving credit card processing feesto be passed on to the end users. In that staff report, we made the following recommendation. “Tomitigate the significant and growing charges associated with accepting credit cards, staff isrecommending that these fees be paid directly by the customer to the credit card processor.”Since that time, the City worked with its different platforms and processors for processing credit cards,the fee charges have been implemented for our Parks & Recreation, Business license, and utilitysystems where the charges that are passed through to the customer will range from 2.85% to 3%, orless. Utility systems are on a fixed amount of $2.95% per transaction up to $500. This fee is in line withwhat other government agencies charge as a convenience fee or as a passthrough fee. AutomatedClearing House (ACH) and echeck payments have a much smaller processing fee of $0.30 to $1.25per transaction and will continue to be absorbed by the City, allowing for a nofee alternative paymentmethod for those wanting to pay online. As we worked with our vendors on rates we hit a roadblock in negotiations with our enterprise planningsystem vendor Tyler Technologies. The vendors' cashiering systems are used to accept cash at ourvarious locations for Police, Fire, Finance, and Community Development where it will be widely used aswe implement the Envergov permitting system. The Vendor had quoted us rates of 3.57% to 3.95% forpassing on charges to customers. Staff feel that these charges are extremely high and unreasonable incomparison to all the other fees we have negotiated with other vendors, and we have been unable toget them any lower; part of the issue being they have monopolized the payment processing on the Tylerplatforms and are overcharging as a result.Staff have come up with an alternative proposal to resolve the issue. Under the current “absorbedmodel” (wherein the fees are absorbed by the city) we pay between 3.05% to 3.25% to Tyler pay forprocessing card payments. We are proposing the council allow the city to collect a fee of 3% if acustomer decides to pay by a credit card, the city will absorb the excess charges.Government Code section 6159(h) allows the council to “impose a fee for the use of a credit card ordebit card or electronic funds transfer, not to exceed the costs incurred by the agency or agent inproviding for payment by credit or debit card or electronic funds transfer.” The council must approve theimposition of this fee. While the council has approved the imposition of the fee by way of “fees be paiddirectly by the customer to the credit card processor.”The new resolution will allow us to collectthe fee ourselves as long as it is lower that what the city will pay to the credit card processer in total.FINANCIAL IMPACTThe council's approval of passing the credit card fees to the end user will result in savings for the City ofapproximately $200,000 or more per year and will be reflected across various funds where credit cardactivity takes place on Tyler platforms.PUBLIC CONTACT/ADVISORY BODY RECOMMENDATIONN/AALTERNATIVE ACTIONThe council may choose not to approve the revised charges, and the City would continue to absorb thefees for payments made through Tyler Technologies platforms.STAFF CONTACTJohn Furtado, Director of Finance(707) 428[email protected] WITHCity Attorney's Office, City Manager's OfficeATTACHMENTS:DescriptionProposed ResolutionREVIEWERS:Reviewer Action Date Furtado, John Approved 9/9/2024 7:22 PM
Beavers, Esther Approved 9/9/2024 7:30 PM
Beavers, Esther Approved 9/9/2024 7:31 PM
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CITY OF FAIRFIELD

RESOLUTION NO. 2024-231

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAIRFIELD APPROVING CREDIT CARD PROCESSING FEES “CONVENIENCE FEE” TO BE PASSED ON TO THE END USERS WHEREAS, under California State Government Code Section 6159(h), a court, city, county, city and county, or any other public agency may impose a fee for the use of a credit or debit card or electronic funds transfer; and
WHEREAS, as authorized by the above state law, it is the intent of the City Council of the City of Fairfield to offer to the residents and cust omers of the City the acceptance of credit cards as a method for the payment of City taxes, service fees, and other services; and WHEREAS, the credit card fees charged by the card companies shall be passed on to th e residents and customers as a convenience fee, or the City may choose to absorb part of the fees or pass on the entire fee to the customers as long as the fees charged to the customers does not exceed the fees charged by the credit card processors to the city.

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

Section 1. Pursuant to California Government Code section 6159(h), the City of Fairfield is hereby authorized to impose a fee for the use of a credit or debit card or electronic funds transfer, not to exceed the costs incurred by the agency or agent in providing for payment by credit or debit card or electronic funds transfer. These costs may include, but shall not be limited to, the payment to the card issuer, funds processor, o r draft purchaser of a reasonable fee or discount.

Section 2. The city manager or their designee is hereby authorized to do all things necessary to implement this resolution.

PASSED AND ADOPTED this 17th day of September 2024, by the following vote:

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RES. NO. 2024-231

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AYES: COUNCILMEMBERS: MOY / BERTANI / PANDURO / TONNESEN / VACCARO/K PATRICE/ CARR

NOES: COUNCILMEMBERS: ________________________________________________

ABSENT: COUNCILMEMBERS: ________________________________________________

ABSTAIN: COUNCILMEMBERS: ________________________________________________

________________________________________________
MAYOR

ATTEST:

____________________________

CITY CLERK

Packet Page 110 of 126Attachment 1 Page 2 of 2

Agenda Item No: 12.

AGENDA REPORT
DATE:September 17, 2024
TO:Mayor and City Council
FROM:David Gassaway, City Manager
SUBJECT:Minute Action Approving Mayor's Appointment to the Youth Commission RECOMMENDED ACTION
Approve appointments. Perform oath of office.

STATEMENT OF ISSUE
The City Council is being asked to approve the appointment as follows:

Youth Commission
Term January 1, 2024, to December 31, 2025
Rishi Patel (Reappointment)

DISCUSSION
Youth Commissioners serve twoyear terms. The commissioners' terms are from January 1, 2024, through December 31, 2025.

Councilmembers Doriss Panduro and Scott Tonnesen interviewed the applicant on August 19, 2024.

The applicant listed above is recommended for reappointment, and the recommendations were submitted to Mayor Catherine "Cat" Moy for consideration.

Mayor Moy agreed with the recommendations provided.

FINANCIAL IMPACT
N/A
PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
N/A
ALTERNATIVE ACTION
The council may choose not to approve the mayor’s appointments, thereby leaving vacancies.

Packet Page 111 of 126

Agenda Item No: 12.AGENDA REPORTDATE:September 17, 2024 TO:Mayor and City CouncilFROM:David Gassaway, City ManagerSUBJECT:Minute Action Approving Mayor's Appointment to the Youth CommissionRECOMMENDED ACTIONApprove appointments. Perform oath of office.STATEMENT OF ISSUEThe City Council is being asked to approve the appointment as follows:Youth CommissionTerm January 1, 2024, to December 31, 2025Rishi Patel (Reappointment)DISCUSSIONYouth Commissioners serve twoyear terms. The commissioners' terms are from January 1, 2024,through December 31, 2025.Councilmembers Doriss Panduro and Scott Tonnesen interviewed the applicant on August 19, 2024.The applicant listed above is recommended for reappointment, and the recommendations weresubmitted to Mayor Catherine "Cat" Moy for consideration.Mayor Moy agreed with the recommendations provided.FINANCIAL IMPACTN/APUBLIC CONTACT/ADVISORY BODY RECOMMENDATIONN/AALTERNATIVE ACTION The council may choose not to approve the mayor’s appointments, thereby leaving vacancies.

STAFF CONTACT
Esther Beavers, Deputy City Clerk
(707) 4287402
[email protected]
COORDINATED WITH
N/A
REVIEWERS:

Reviewer Action Date
Beavers, Esther Approved 9/5/2024 10:35 AM
Packet Page 112 of 126

Agenda Item No: 13.

AGENDA REPORT
DATE:September 17, 2024
TO:Mayor and City Council
FROM:David Gassaway, City Manager
SUBJECT:Landscape Oversight Committee Update
RECOMMENDED ACTION
Receive report, open discussion, and provide direction to staff.

STATEMENT OF ISSUE
On February 21, 2023, the City Council adopted Resolution 202326 establishing the Landscape Oversight Committee (LOC) and setting forth the guidelines and duties of the committee. The LOC has since met three times, with the last two meetings (April and July 2024) cancelled due to no quorum. The LOC is intended to meet and provide reports to the council on a quarterly basis.

DISCUSSION
The LOC was established in February 2023, and the LOC committee members were appointed in October 2023. Prior to the first meeting in November, Public Works staff held meet and greets with LOC members and ensured that all LOC members received Brown Act and Assembly Bill (AB) 1234 Ethics Training.

The first LOC meeting in 2024 was held in January, and a special meeting occurred in February. The April and July meetings were both cancelled due to a lack of quorum. The LOC Chair has requested the LOC Guidelines and Duties be amended to address both excused and unexcused absences. The Planning Commission Ordinance 202203 provides language that could be considered should the council direct staff to amend the LOC guidelines with respect to absences.

FINANCIAL IMPACT
N/A
PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
N/A
ALTERNATIVE ACTION
Packet Page 113 of 126

Agenda Item No: 13.AGENDA REPORTDATE:September 17, 2024 TO:Mayor and City CouncilFROM:David Gassaway, City ManagerSUBJECT:Landscape Oversight Committee UpdateRECOMMENDED ACTIONReceive report, open discussion, and provide direction to staff.STATEMENT OF ISSUEOn February 21, 2023, the City Council adopted Resolution 202326 establishing the LandscapeOversight Committee (LOC) and setting forth the guidelines and duties of the committee. The LOC hassince met three times, with the last two meetings (April and July 2024) cancelled due to no quorum. TheLOC is intended to meet and provide reports to the council on a quarterly basis.DISCUSSIONThe LOC was established in February 2023, and the LOC committee members were appointed inOctober 2023. Prior to the first meeting in November, Public Works staff held meet and greets withLOC members and ensured that all LOC members received Brown Act and Assembly Bill (AB) 1234Ethics Training. The first LOC meeting in 2024 was held in January, and a special meeting occurred in February. TheApril and July meetings were both cancelled due to a lack of quorum. The LOC Chair has requested theLOC Guidelines and Duties be amended to address both excused and unexcused absences. ThePlanning Commission Ordinance 202203 provides language that could be considered should thecouncil direct staff to amend the LOC guidelines with respect to absences.FINANCIAL IMPACTN/APUBLIC CONTACT/ADVISORY BODY RECOMMENDATIONN/A ALTERNATIVE ACTION
The council may choose to provide any direction desired.

STAFF CONTACT
Marisa Cumpian, Sr. Management Analyst
(707) 4287494
[email protected]
COORDINATED WITH
City Manager's Office
ATTACHMENTS:

Description
Resolution No. 202326
Ordinance No. 202203
REVIEWERS:

Reviewer Action Date
Chaudhary, Savita Approved 9/3/2024 7:01 PM
Beavers, Esther Approved 9/3/2024 8:20 PM
Beavers, Esther Approved 9/3/2024 8:21 PM
Packet Page 114 of 126

CITY OF FAIRFIELD
RESOLUTION NO. 2023-26

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAIRFIELD ESTABLISHING THE FAIRFIELD

LANDSCAPE OVERSIGHT COMMITTEE AND SETTING FORTH GUIDELINES AND DUTIES OF THE

COMMITTEE
WHEREAS, the City Council desires to form the Landscape Oversight Committee and establish terms, guidelines, and duties of the Landscape Oversight Committee.

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

Section 1. The council hereby establishes a seven -member oversight committee, which will have a representative from each of the six districts and one at -large representative.

Section 2. The council hereby approves the Landscape Committee Guidelines and Duties, set forth in Exhibit "A" attached hereto.

PASSED AND ADOPTED this 215t day of February, 2023, by the following vote:

AYES
NOES
COUNCILMEMBERS: MOY / BERTANI / CARR /+A+494.i*6 / TONNESEN / VAGG4RG / WILLIAMS COUNCILMEMBERS: Now
ABSENT: COUNCILMEMBERS: PCk,') kCYJ . vCACCC,(_()
ABSTAIN: COUNCILMEMBERS:

ATTEST:

CITY CLERK
Iv0V Q'
Packet Page 115 of 126Attachment 1 Page 1 of 3

Exhibit "A"

LANDSCAPE OVERSIGHT COMMITTEE GUIDELINES AND DUTIES
The City Council of the City of Fairfield hereby establishes a Landscape Oversight Committee Committee) to provide fiscal oversight and review of the Public Works Department's management of landscaping throughout the city. A primary focus of the Committee will be to improve effectiveness, transparency, and financial oversight of the 16 Landscaping and Lighting Maintenance Districts (LLMD or Districts). The Committee will review the annual budgets, projected expenditures, assessment levels and provide management oversight.

Application/ Recruitment Process:

The standard recruitment process that is used for all other existing City boards, commissions and committees will be utilized to conduct the recruitment of applications for the Committee.

Notice of these vacancies will be advertised in the Fairfield Daily Republic newspaper, posted on the City's website, and posted on the Civic Center complex meeting notice boards.

Powers and Duties:

The Committee will provide independent oversight of the operation and financial aspects of the LLDMs, and for landscape maintenance in non-LLMD areas, throughout the city and will report directly to the council. The Committee will ensure effectiveness, transparency, review of the managerial processes over the Landscape Districts and non-LLMD landscaped areas throughout the City, and provide oversight of the revenue generated by the LLMDs, as well as general fund revenues specifically budgeted for landscape maintenance in non-LLMD areas throughout the city Enterprise fund and other funds generated by the city are outside the purview of the Committee.

The Committee, together with staff, will educate district residents as to the operation and function of LLMDs and the associated costs to maintain and improve such districts. Duties may consist of reviewing the annual budget and any other City financial reports necessary to advise the council. The Committee will work with city staff to provide management oversight of the landscape maintenance for the various Districts and non-LLMD landscaped areas throughout the City.

The duties of the Committee do not include decision -making responsibilities regarding spending priorities, funding source decisions, or financing plans. The Committee serves in an advisory -only role to the council, limited to the review of the managerial processes over the Landscape Districts and non-LLMD landscaped areas throughout the City and the use of LLMD revenues, as well as general fund revenues specifically budgeted for landscape maintenance in non-LLMD areas.

Packet Page 116 of 126Attachment 1 Page 2 of 3

Exhibit "A"

Page 2 ends

Qualifications for Appointment:

The committee will consist of seven members.

Six of the seven committee members shall be comprised of one person that has residency within the respective council district area.

One committee member will be at -large.

Residency may be verified annually by the city clerk's office through (1) voter registration or (2) utility bills (phone, water, cable).

Selection of Members:

The Committee will be composed of seven members. Candidates for the Committee shall complete and submit applications to the City per instructions on the vacancy advertisement. The mayor and city council will appoint their respective Committee members.

Term of Service:

Each term shall be for a period of five years.

Meetings:

The Committee will meet quarterly and provide reports to council on a quarterly basis. The Committee will be subject to the provisions of the Ralph M. Brown Act. Meetings must be noticed and open to the public. Committee minutes and reports are a matter of public record and may be posted on the City's website. Additional meetings may be scheduled as necessary. All Committee members shall attend training and orientation prior to the first regular Committee meeting, including Brown Act training and AB1234 Ethics Training. Committee members are expected to attend all regular Committee meetings.

Failure of the committee members to attend the meetings may result in removal from the Committee at the discretion of the council. Committee decisions and actions require a simple majority vote of those members in attendance. The quorum requirement for any meeting shall be a minimum of four members.

Staff Liaison Appointment:

The Assistant Director of Public Works and/or his designee will serve as staff liaison(s) to the Committee. The liaison(s) will be responsible for providing relevant information to the Committee. The liaison(s) will prepare, post, and distribute agendas and take minutes at each meeting. The liaison (s) will provide the minutes of the Committee's proceedings to the council and the public.

Packet Page 117 of 126Attachment 1 Page 3 of 3

CITY OF FAIRFIELD
ORDINANCE NO. 2022-03
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FAIRFIELD AMENDING SECTION 2.24.1 OF

THE FAIRFIELD MUNICIPAL CODE TO LIMIT THE NUMBER OF ABSENCES PLANNING

COMMISSIONERS ARE PERMITTED WITHIN TWELVE MONTHS
THE CITY COUNCIL OF THE CITY OF FAIRFIELD DOES ORDAIN AS FOLLOWS:

SECTION 1. Section 2.24.1 of Chapter 2, Article V. Planning Commission is amended as follows:

2.24.1 Failure to attend meetings.

A Planning Commissioner may have a maximum of two unexcused absences in any twelve-month period. Absences exempt from this Section include:
1) Absences due to a medical or family emergencies.
2) Absences due to unforeseen and urgent circumstances. 3) Absences approved in advance by the chairperson or secretary of the planning commission.

In the case of a medical or family emergency or due to unforeseen and urgent circumstances, a commissioner shall notify the chairperson or secretary of the commission in writing within 30 days of their absence to request an exemption.

If a commissioner incurs a third non-exempt absence during any twelve-month period, the commissioner will be deemed to have resigned their position and shall no longer be a member of the commission.

The secretary of the commission shall issue a letter to the commissioner, with a copy to the mayor, notifying them that they have exceeded the number of absences allowed under this policy, and have therefore resigned their position. The letter shall be personally served on the commissioner or sent via first-class United States Postal Service (USPS) mail, return receipt requested. Upon personal service or return of the USPS mail receipt, the commission seat held by the commissioner shall be deemed vacant.

Upon issuing the notice, the commissioner shall have 10 business days to request an appeal of this section before the city council. The commissioner shall submit their request for appeal in writing (either via e-mail, hand delivery, or USPS mail) to the city clerk. The city clerk shall set the appeal hearing at a regular or special meeting of the city council within 45 business days from receiving the request for a hearing from the commissioner.

If the commissioner fails to submit the request for a right of appeal within 10 business days, the position shall be deemed vacant.

Packet Page 118 of 126Attachment 2 Page 1 of 2

ORD. NO. 2022-03

Page 2 ends

At an appeal hearing brought by a commissioner under this section, the council shall allow the commissioner to address the council to explain their absences and provide any documents or other evidence to support their appeal. The council may consider any evidence it deems necessary to make its decision. Following the hearing, by a majority vote the council may affirm the removal of the commissioner or vote to reinstate the commissioner to their position on the commission. In the case of a tie vote by the council, the removal of the commissioner under the section shall be deemed affirmed. The decision of the council shall be final and not subject to appeal.

SECTION 2. This ordinance shall be effective 30 days following its adoption by the City Council.

A summary of this ordinance shall, within 15 days after passage, be published in accordance with Section 36933 of the Government Code of the State of California with the names of the councilmembers voting for and against it.

INTRODUCED at a regular meeting of the City Council of the City of Fairfield on the 1st day of March 2022, and
PASSED AND ADOPTED this 1Sth day of March, 2022, by the following vote:

AYES: Councilmembers
NOES: Councilmembers
ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

ATTEST:
7 a

CITY CLERK
kone--

PRCE / BERTANI / MOY / PANDURO / TIMM / TONNESEN / VACCARO Nope-1
fv nr-
MAYOR
Packet Page 119 of 126Attachment 2 Page 2 of 2

Agenda Item No: 14.

AGENDA REPORT
DATE:September 17, 2024
TO:Mayor and City Council
FROM:David Gassaway, City Manager
SUBJECT:Resolution 2024232 of the City Council of the City of Fairfield Rejecting All Bids for the Heart of Fairfield Downtown Texas Streetscape Improvement Project – Phase 1B Improvements; and
Resolution 2024233 of the City Council of the City of Fairfield Authorizing an Update to the Fiscal Year 20242025 Budget for the Heart of Fairfield Downtown Texas Streetscape Improvement Project – Phase 1B Improvements RECOMMENDED ACTION
Adopt resolutions.

STATEMENT OF ISSUE
The bid opening for the Heart of Fairfield Downtown Texas Streetscape Improvement Project – Phase 1B Improvements (Project) was held on June 20, 2024. Bids received for the Project significantly exceeds the project budget. There are two resolutions prepared for council consideration. The first rejects all bids and allows staff to readvertise the Project in the future. The second resolution amends the Fiscal Year (FY) 20242025 Budget and authorizes the transfer of $785,070 to fund the Project.

DISCUSSION
In September 2023, the City Council approved a professional services agreement to design the Heart of Fairfield Downtown Texas Streetscape Improvement Project. The primary objective of this project is to create an economically vibrant and safe Downtown. The project is being completed in phases to reduce impact to all users of downtown and City planned events. Phase 1A of the project was completed in April 2024, and included the removal of antiquated site furnishings, including concrete benches, pergola structures, and potted plants.

Phase 1B will build upon the improvements made in Phase 1A. Phase 1B includes the replacement of existing street trees and corresponding irrigation. Based on recommendations from an arborist, a new tree species, the Chinese Pistache, will be planted as it is better suited to thrive in the downtown environment. A purposeful urban tree planting scheme with high canopies for increased storefront visibility will provide a uniform tree layout along the downtown corridor. Proposed improvements in Packet Page 120 of 126

Bid Analysis
The total engineer's estimate for the Project is $2,250,000. Two bids were received and opened on June 20, 2024. The lowest bid was submitted by Swierstok Inc. dba Pro Builders, of Orangevale, California in the amount of $1,976,736. After evaluating the bid, staff determined it to be nonresponsive and incomplete due to the bidder omitting portions of the bid schedules. The next bid was submitted by Saboo Inc. of Brentwood, California in the amount of $3,402,840, which exceeds the available project budget. Therefore, staff recommends rejecting all bids and not awarding the contract at this time.

Based on feedback from the builder community, two key factors attributed to low interest in the Project and higher than anticipated bids. Construction involved logistical challenges and potential construction inefficiencies related to an accelerated construction completion schedule due to special events within the downtown. Finally, the Project was advertised in summer and many contractors opted not to bid, prioritizing existing commitments over taking on a new project.

Options for Implementation
In September 2023, staff presented a strategic phasing plan to complete improvements along the downtown corridor based on available funding. Now that bids were opened for the Project, staff has identified two viable options.

Option 1 – Readvertise the Project as is. Based on the two bids, the new construction cost estimate is $2,331,129, which includes an industry standard 10% contingency and 2% inflation.

There is currently $1,546,059 budgeted for the Project and an additional $785,070 in funding is required to implement Option 1.

Option 2 – Combine Project with Phase 2. Conceptual planning and design by Gates + Associates Landscape Architects indicate Phase 2 improvements would consist of curb extensions for traffic calming, new Americans with Disabilities Act (ADA) curb ramps, high visibility cross walk enhancements and new landscaping to increase pedestrian visibility.

Preliminary estimates indicate construction for Phase 2 to be $4.3 million.

A benefit of combining the two phases would be a potential cost saving realized through an economy of scale. Additionally, a larger scale project implemented at one time would minimize impacts to downtown businesses.

Because there is no construction funding identified for the combined project (e.g., Phase 1B and Phase 2), staff would complete the design and permitting process over the next 12month period and seek to identify and apply for federal and state grant funding. Until construction funding is secured for the combine project, it is difficult to project a definitive delivery schedule for the proposed improvements.

FINANCIAL IMPACT
Pending direction, a budget adjustment and transfer of $785,070 is required to fund the Project, should council decide to proceed with Option 1. Transfers to the Capital Streets Fund (Fund 252) of $785,070 from $435,070 Intergovernmental Loan Funds (Fund 551) and $350,000 Assembly Bill (AB) 1600 Urban Design and Art Fund (Fund 264) will be used to fund this adjustment. Finance has confirmed that adequate reserves in the funds exist and that no projects will be jeopardized by this additional expenditure.

Proceeding with Option 2 will not require additional funding at this time. Design funding is currently programmed in the current fiscal year budget. The construction budget estimate is about $4.3 million.

Packet Page 121 of 126

Agenda Item No: 14.AGENDA REPORTDATE:September 17, 2024 TO:Mayor and City CouncilFROM:David Gassaway, City ManagerSUBJECT:Resolution 2024232 of the City Council of the City of Fairfield Rejecting All Bids for theHeart of Fairfield Downtown Texas Streetscape Improvement Project – Phase 1BImprovements; and Resolution 2024233 of the City Council of the City of Fairfield Authorizing an Update tothe Fiscal Year 20242025 Budget for the Heart of Fairfield Downtown TexasStreetscape Improvement Project – Phase 1B ImprovementsRECOMMENDED ACTIONAdopt resolutions.STATEMENT OF ISSUEThe bid opening for the Heart of Fairfield Downtown Texas Streetscape Improvement Project – Phase1B Improvements (Project) was held on June 20, 2024. Bids received for the Project significantlyexceeds the project budget. There are two resolutions prepared for council consideration. The firstrejects all bids and allows staff to readvertise the Project in the future. The second resolution amendsthe Fiscal Year (FY) 20242025 Budget and authorizes the transfer of $785,070 to fund the Project.DISCUSSIONIn September 2023, the City Council approved a professional services agreement to design the Heartof Fairfield Downtown Texas Streetscape Improvement Project. The primary objective of this project isto create an economically vibrant and safe Downtown. The project is being completed in phases toreduce impact to all users of downtown and City planned events. Phase 1A of the project wascompleted in April 2024, and included the removal of antiquated site furnishings, including concretebenches, pergola structures, and potted plants.Phase 1B will build upon the improvements made in Phase 1A. Phase 1B includes the replacement ofexisting street trees and corresponding irrigation. Based on recommendations from an arborist, a newtree species, the Chinese Pistache, will be planted as it is better suited to thrive in the downtownenvironment. A purposeful urban tree planting scheme with high canopies for increased storefrontvisibility will provide a uniform tree layout along the downtown corridor. Proposed improvements inPhase 1B will also include the installation of integral color concrete and various brick paver repairs torestore areas previously impacted by Phase 1A. In addition, Phase 1B will also install five art sculpturesthat were donated to the City by renowned local artist, Philip Glashoff. Bid AnalysisThe total engineer's estimate for the Project is $2,250,000. Two bids were received and opened onJune 20, 2024. The lowest bid was submitted by Swierstok Inc. dba Pro Builders, of Orangevale,California in the amount of $1,976,736. After evaluating the bid, staff determined it to be nonresponsiveand incomplete due to the bidder omitting portions of the bid schedules. The next bid was submitted bySaboo Inc. of Brentwood, California in the amount of $3,402,840, which exceeds the available projectbudget. Therefore, staff recommends rejecting all bids and not awarding the contract at this time. Based on feedback from the builder community, two key factors attributed to low interest in the Projectand higher than anticipated bids. Construction involved logistical challenges and potential constructioninefficiencies related to an accelerated construction completion schedule due to special events withinthe downtown. Finally, the Project was advertised in summer and many contractors opted not to bid,prioritizing existing commitments over taking on a new project.Options for ImplementationIn September 2023, staff presented a strategic phasing plan to complete improvements along thedowntown corridor based on available funding. Now that bids were opened for the Project, staff hasidentified two viable options.Option 1 – Readvertise the Project as is. Based on the two bids, the new construction costestimate is $2,331,129, which includes an industry standard 10% contingency and 2% inflation.There is currently $1,546,059 budgeted for the Project and an additional $785,070 in funding isrequired to implement Option 1.Option 2 – Combine Project with Phase 2. Conceptual planning and design by Gates +Associates Landscape Architects indicate Phase 2 improvements would consist of curbextensions for traffic calming, new Americans with Disabilities Act (ADA) curb ramps, highvisibility cross walk enhancements and new landscaping to increase pedestrian visibility.Preliminary estimates indicate construction for Phase 2 to be $4.3 million. A benefit of combining the two phases would be a potential cost saving realized through aneconomy of scale. Additionally, a larger scale project implemented at one time would minimizeimpacts to downtown businesses.Because there is no construction funding identified for the combined project (e.g., Phase 1B andPhase 2), staff would complete the design and permitting process over the next 12month periodand seek to identify and apply for federal and state grant funding. Until construction funding issecured for the combine project, it is difficult to project a definitive delivery schedule for theproposed improvements.FINANCIAL IMPACTPending direction, a budget adjustment and transfer of $785,070 is required to fund the Project, shouldcouncil decide to proceed with Option 1. Transfers to the Capital Streets Fund (Fund 252) of $785,070from $435,070 Intergovernmental Loan Funds (Fund 551) and $350,000 Assembly Bill (AB) 1600Urban Design and Art Fund (Fund 264) will be used to fund this adjustment. Finance has confirmed thatadequate reserves in the funds exist and that no projects will be jeopardized by this additionalexpenditure.

PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
A notice inviting bids was advertised twice in the Daily Republic on June 5, 2024, and June 12, 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 15 builder’s exchanges in the State of California covering the area from Redding to San Jose and Stockton to Santa Rosa.

ALTERNATIVE ACTION
This this request may be delayed if the council has any questions or concerns.

STAFF CONTACT
Pavan Prasad, Junior Engineer
(707) 4287431
[email protected]
Ryan Panganiban, City Engineer
(707) 4287017
[email protected]
COORDINATED WITH
Community Development Department, Finance Department
ATTACHMENTS:

Description
Proposed Resolution Rejecting All Bids
Proposed Resolution Authorizing an Update to the FY 20242025 Budget Bid Results
REVIEWERS:

Reviewer Action Date
Panganiban, Ryan Approved 9/4/2024 2:19 PM
Chaudhary, Savita Approved 9/4/2024 3:33 PM
Beavers, Esther Approved 9/9/2024 11:12 AM
Beavers, Esther Approved 9/9/2024 11:12 AM
Packet Page 122 of 126

CITY OF FAIRFIELD

RESOLUTION NO. 2024-232

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAIRFIELD REJECTING ALL BIDS FOR TH E HEART OF FAIRFIELD DOWNTOWN TEXAS STREETSCAPE IMPROVEMENT PROJECT – PHASE 1B

IMPROVEMENTS

WHEREAS, the bid opening for the Heart of Fairfield Downtown Texas Streetscape Improvement Project – Phase 1B Improvements (Project) took place on June 20, 2024; and

WHEREAS, two bids were submitted for the Project; and

WHEREAS, the apparent low bid submitted was unresponsive and incomplete for omissions in the bid schedule; and

WHEREAS, the remaining bid exceeds the funds identified in the approved project budget.

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

Section 1. All bids submitted to the City of Fairfield for the Project are hereby rejected.

PASSED AND ADOPTED this 17th day of September 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 123 of 126Attachment 1 Page 1 of 1

CITY OF FAIRFIELD

RESOLUTION NO. 2024-233

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAIRFIELD AUTHORIZING AN UPDATE TO THE FISCAL YEAR 2024-2025 BUDGET FOR THE HEART OF FAIRFIELD DOWNTOWN TEXAS STREETSCAPE IMPROVEMENT PROJECT – PHASE 1B IMPROVEMENTS

WHEREAS, the Heart of Fairfield Downtown Texas Streetscape Improvement Project – Phase 1B Improvements (Project) proposes to enhance the streetscape to provide a safer and more inviting experience for pedestrians; and

WHEREAS, on September 19, 2023, council approved a professional services agreement with Gates + Associates Landscape Architecture (Gates) to prepare the plans and specifications for the Project; and

WHEREAS, additional funding is required to implement the Project as designed; and

WHEREAS, funding was not allocated in the City’s approved Fiscal Year (FY) 2024-2025 Budget, thus requiring an adjustment of $785,070 to cover construction costs; 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 council hereby approves a budget transfer of $435,070 from Intergovernmental Loan Funds (Fund 551) to the Capital Streets Fund (Fund 252, CPW070093).

Section 2. The council hereby approves a budget transfer of $350,000 from Assembly Bill (AB) 1600 Urban Design and Art Fund (Fund 264) to the Capital Streets Fund (Fund 252, CPW070093).

Section 3. The council hereby approves an increase in appropriations of $785,070 in the Capital Streets Fund (Fund 252) for project CPW070093.

Packet Page 124 of 126Attachment 2 Page 1 of 2

RES. NO. 2024-233

Page 2 ends

PASSED AND ADOPTED this 17th day of September 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 125 of 126Attachment 2 Page 2 of 2

City of Fairfield Public Works Department Heart of Fairfield Downtown Texas Streetscape Improvement Project – Phase 1B Improvements NAME OF PROJECT June 20, 2024, 2:00 p.m. DATE OF BID NO. BIDDER AMOUNT 1 Saboo, Inc. Brentwood, CA $3,402,840.00 2 Swierstok Enterprise, Inc., dba Pro Builders Orangevale, CA $1,838,397.50 Engineer’s Estimate $2,250,000.00 Note: This bid summary shows the bids in order 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. Packet Page 126 of 126Attachment 3 Page 1 of 1

Fairfield City CouncilSeptember 17, 2024

Fairfield City Council
September 17, 2024