Agenda, first session — Fairfield City Council, October 15, 2024 (part 1 of 4)

For individuals with hearing or speaking limitations, dial 711 or (800) 7352922 (English). For Spanish, Tagalog or other language, please dial (800) 8553000 and provide the communication assistant with the following City telephone number: (707) 3994010.

DISCLOSURE OF CAMPAIGN CONTRIBUTIONS:

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

Members of the public can observe the meeting on Comcast Cable Channel 26, ATT UVerse 99, and webstreamed live at www.youtube.com/user/FFCATV/live . The public may join the meeting via Zoom at https://fairfieldca.zoom.us/j/89060213840?pwd=UUd0WlpEMStLemcxbld4dzVMK3Z5dz09 or via Packet Page 1 of 530

PRESENTATIONS

1.Proclamation Declaring Filipino American History Month Presented by Councilmember Rick Vaccaro
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.

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.

2.Approval of Meeting Minutes for September 2024
Recommended Action
Approve the meeting minutes.

Funding Source
Packet Page 2 of 530

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

3.Resolution 2024242 of the City Council of the City of Fairfield Approving Acceptance of the California Office of Traffic Safety Fiscal Year 2025 Selective Traffic Enforcement Program Grant and Approval of Activities to Reduce Traffic Collisions and Fatalities Due to Unsafe Driving Recommended Action
Adopt resolution.

Funding Source
$250,000; Special Programs Fund
Contact:Dan Marshall, (707) 4287313
a

4.Resolution 2024243 of the City Council of the City of Fairfield Accepting the Improvements for the Wiseman Waterline Relocation Project as Complete
Recommended Action
Adopt resolution.

Funding Source
$419,224; Water Utility Capital Fund
Contact:Roger Dunham, (707) 4287478
a

5.Resolution 2024244 of the City Council of the City of Fairfield Approving Plans and Specifications and Awarding a Contract to Perennial Construction for the Waterman Pipeline Relocation Project
Recommended Action
Adopt resolution.

Funding Source
$288,384; Water Capital Fund
Contact:Bryan Heinzelman, (707) 4287034
a

6.Resolution 2024245 of the City Council of the City of Fairfield Authorizing the City Manager to Execute a Program Participation Agreement and Other Project/Program Related Documents for Pacific Gas & Electric (PG&E) Government/K12 Program as Administered by Willdan Energy Solutions
Recommended Action
Adopt resolution.

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

7.Resolution 2024246 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 Katz & Associates for Utility Rates Outreach Services
Recommended Action
Adopt resolution.

Funding Source
$148,290; Water Enterprise Capital Fund
Contact:Michael J. Hether, (707) 4287493
Packet Page 3 of 530

8.Resolution 2024247 of the City Council of the City of Fairfield Authorizing the City Manager to Execute a Funding Agreement Between the Solano Transportation Authority and the City of Fairfield for the West Texas Complete Streets Project Safe Routes to School Bicycle and Pedestrian Education Program
Recommended Action
Adopt resolution.

Funding Source
$117,000; Capital Improvement Program Fund Streets
Contact:David Vong, (707) 4287784
a

9.Resolution 2024248 of the City Council of the City of Fairfield Authorizing the Purchase of Replacement Campus Citywide Storage Array from Berkeley Communications Corp.

Recommended Action
Adopt resolution.

Funding Source
$287,710; Computer Fund
Contact:Savita Chaudhary, (707) 4287582
a

10.Resolution 2024249 of the City Council of the City of Fairfield Demonstrating Compliance with State Housing Laws Related to Surplus Lands, Accessory Dwelling Units, and Density Bonus Recommended Action
Adopt resolution.

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

11.Resolution 2024250 of the City Council of the City of Fairfield Approving and Authorizing the Execution of the Grazing License Between the City of Fairfield, the County of Solano, and Pacific Livestock, Inc. for the Approximately 288Acre Property Commonly Known as the Wilcox Triangle Property Located in Solano County, California
Recommended Action
Adopt resolution.

Funding Source
N/A
Contact:Jennifer Rice, (707) 4287727
a

12.Resolution 2024251 of the City Council of the City of Fairfield Amending the Departmental Position Control List of the Following Departments: Community Development, Fire, Parks & Recreation, Police, and Public Works
Recommended Action
Adopt resolution.

Funding Source
$664,569; General Fund
Contact:Farbod Pirouzmand, (707) 4287397
a

13.Second Reading and Adoption of Ordinance 202408 of the City Council of the City of Fairfield Packet Page 4 of 530

CITY OF FAIRFIELDFAIRFIELD CITY COUNCILTUESDAY, OCTOBER 15, 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 BHAI SURINDER SINGH, SIKH TEMPLEPLEDGE OF ALLEGIANCECOUNCIL REPORTSCITY MANAGER REPORTCITY ATTORNEY REPORTCITY CLERK REPORTPRESENTATIONS1.Proclamation Declaring Filipino American History Month Presented by Councilmember RickVaccaroContact: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.CONSENT CALENDARAll matters listed on the Consent Calendar are to be approved with one motion unless a member ofthe City Council or the public requests that separate action be taken on a specific item.2.Approval of Meeting Minutes for September 2024Recommended ActionApprove the meeting minutes.Funding SourceN/AContact:Esther Beavers, (707) 4287402a3.Resolution 2024242 of the City Council of the City of Fairfield Approving Acceptance of theCalifornia Office of Traffic Safety Fiscal Year 2025 Selective Traffic Enforcement Program Grantand Approval of Activities to Reduce Traffic Collisions and Fatalities Due to Unsafe DrivingRecommended ActionAdopt resolution.Funding Source$250,000; Special Programs FundContact:Dan Marshall, (707) 4287313a4.Resolution 2024243 of the City Council of the City of Fairfield Accepting the Improvements forthe Wiseman Waterline Relocation Project as CompleteRecommended ActionAdopt resolution.Funding Source$419,224; Water Utility Capital FundContact:Roger Dunham, (707) 4287478a5.Resolution 2024244 of the City Council of the City of Fairfield Approving Plans andSpecifications and Awarding a Contract to Perennial Construction for the Waterman PipelineRelocation ProjectRecommended ActionAdopt resolution.Funding Source$288,384; Water Capital FundContact:Bryan Heinzelman, (707) 4287034a6.Resolution 2024245 of the City Council of the City of Fairfield Authorizing the City Manager toExecute a Program Participation Agreement and Other Project/Program Related Documents forPacific Gas & Electric (PG&E) Government/K12 Program as Administered by Willdan EnergySolutionsRecommended ActionAdopt resolution.Funding SourceN/AContact:Marisa Cumpian, (707) 4287494a7.Resolution 2024246 of the City Council of the City of Fairfield Authorizing the City Manager toExecute a Professional Services Agreement Between the City of Fairfield and Katz &Associates for Utility Rates Outreach ServicesRecommended ActionAdopt resolution.Funding Source$148,290; Water Enterprise Capital FundContact:Michael J. Hether, (707) 4287493a8.Resolution 2024247 of the City Council of the City of Fairfield Authorizing the City Manager toExecute a Funding Agreement Between the Solano Transportation Authority and the City ofFairfield for the West Texas Complete Streets Project Safe Routes to School Bicycle andPedestrian Education ProgramRecommended ActionAdopt resolution.Funding Source$117,000; Capital Improvement Program Fund StreetsContact:David Vong, (707) 4287784a9.Resolution 2024248 of the City Council of the City of Fairfield Authorizing the Purchase ofReplacement Campus Citywide Storage Array from Berkeley Communications Corp.Recommended ActionAdopt resolution.Funding Source$287,710; Computer FundContact:Savita Chaudhary, (707) 4287582a10.Resolution 2024249 of the City Council of the City of Fairfield Demonstrating Compliance withState Housing Laws Related to Surplus Lands, Accessory Dwelling Units, and Density BonusRecommended ActionAdopt resolution.Funding SourceN/AContact:Dave Feinstein, (707) 4287448a11.Resolution 2024250 of the City Council of the City of Fairfield Approving and Authorizing theExecution of the Grazing License Between the City of Fairfield, the County of Solano, andPacific Livestock, Inc. for the Approximately 288Acre Property Commonly Known as the WilcoxTriangle Property Located in Solano County, CaliforniaRecommended ActionAdopt resolution.Funding SourceN/AContact:Jennifer Rice, (707) 4287727a12.Resolution 2024251 of the City Council of the City of Fairfield Amending the DepartmentalPosition Control List of the Following Departments: Community Development, Fire, Parks &Recreation, Police, and Public WorksRecommended ActionAdopt resolution.Funding Source$664,569; General Fund Contact:Farbod Pirouzmand, (707) 4287397
a

13.Second Reading and Adoption of Ordinance 202408 of the City Council of the City of Fairfield Amending Chapter 10E of the Municipal Code, also Known as the Commercial Cannabis Business, to Allow for Administrative Changes to the Program and Operational Changes for Permittees
Recommended Action
Provide second reading and adopt Ordinance 202408.

Funding Source
N/A
Contact:Dave Zellers, (707) 4287436
a
NEW BUSINESS

14.Resolution 2024252 of the City Council of the City of Fairfield Approving a Contractor Services Agreement with Monarch Tree Services for Tree Pruning and Maintenance Services in Landscaping and Lighting Maintenance District No. 202311 (Paradise Valley) and Authorizing a Budget Adjustment to the Fiscal Year 20242025 Budget for Landscaping and Lighting Maintenance District No. 202311
Recommended Action
Adopt resolution.

Funding Source
$180,517; Landscaping and Lighting Maintenance District No. 202311 (Paradise Valley) Fund Contact:Chris Lewis, (707) 4287089
a

15.Resolution 2024253 of the City Council Authorizing the Issuance of Special Tax Bonds for the City of Fairfield Community Facilities District No. 20231 (One Lake Planning Area 5) with Respect to Improvement Area No. 1, and Approving Related Documents and Actions Recommended Action
Adopt resolution and approve related documents and actions.

Funding Source
N/A
Contact:John Furtado, (707) 4287629
a
PUBLIC HEARINGS

16.Public Hearing; and Resolutions 2024254 Through 2024256 and Ordinance 202409 for Proceedings (Including a Landowner Election) to Amend and Restate the Rate and Method of Apportionment of Special Tax for Improvement Area No. 1 of the City of Fairfield Community Facilities District No. 20231 (One Lake Planning Area 5) and Increase the Amount of Bonded Indebtedness
Recommended Action
Hold public hearing, conduct a landowner election, adopt resolutions and introduce ordinance.

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

17.Public Hearing; and
Resolution 2024257 of the City Council of the City of Fairfield Annexing Territory (Green Valley III Apartments) to Community Facilities District No. 20122 (Public Safety Services, Open Space Packet Page 5 of 530

Funding Source
N/A
Contact:Valerie Standfill, (707) 4287055
a

18.Public Hearing; and
Resolution 2024259 of the City Council of the City of Fairfield Adopting Fare Structure Changes for FAST Fixed Route Local Service
Recommended Action
Hold public hearing and adopt resolution.

Funding Source
N/A
Contact:Diane Feinstein, (707) 4343808
a
ADJOURN TO TUESDAY, NOVEMBER 19, 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
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, October 9, 2024.

Packet Page 6 of 530

Agenda Item No: 2.

AGENDA REPORT
DATE:October 15, 2024
TO:Mayor and City Council
FROM:David Gassaway, City Manager
SUBJECT:Approval of Meeting Minutes for September 2024
RECOMMENDED ACTION
Approve the meeting minutes.

STATEMENT OF ISSUE
Minutes need approval by the City Council.

DISCUSSION
The City Council Minutes for September 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 7 of 530

Agenda Item No: 2.AGENDA REPORTDATE:October 15, 2024 TO:Mayor and City CouncilFROM:David Gassaway, City ManagerSUBJECT:Approval of Meeting Minutes for September 2024RECOMMENDED ACTIONApprove the meeting minutes.STATEMENT OF ISSUEMinutes need approval by the City Council.DISCUSSIONThe City Council Minutes for September 2024 have been approved by the city attorney and needcouncil approval.FINANCIAL IMPACTN/APUBLIC CONTACT/ADVISORY BODY RECOMMENDATIONN/AALTERNATIVE ACTIONThe council may choose to modify the minutes which will result in bringing this item back at a futuredate.STAFF CONTACTEsther Beavers, Deputy City Clerk(707) 428[email protected] WITH City Attorney's Office
ATTACHMENTS:

Description
Attachment 1: City Council Closed Session Minutes 932024 Attachment 2: City Council Minutes 932024
Attachment 3: City Council Minutes 9172024
REVIEWERS:

Reviewer Action Date
Beavers, Esther Approved 9/30/2024 2:32 PM
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CITY OF FAIRFIELD

CLOSED SESSION MEETING

SPECIAL MEETING
TUESDAY, SEPTEMBER 3, 2024; 5:00 PM
CITY HALL, CITY MANAGER'S OFFICE, 1000 WEBSTER STREET, 4TH FLOOR, FAIRFIELD, CA 94533 OR VIA ZOOM

MINUTES

CALL TO ORDER

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

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

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

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

CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION
(Paragraph (1) of subdivision (d) of Section 54956.9)
Solano County Orderly Growth Committee v. City of Fairfield, et. al.

Solano County Superior Court case no. FCS059198
California Court of Appeal, 1st Appellate District, Division 2, case numbers A170680, A170739

Present were City Manager David Gassaway and City Attorney David Lim.

The City Council came out of closed session.

Mayor Moy adjourned the meeting at 5:35 p.m.

______________________________
City Attorney
________________________________
Mayor
Packet Page 9 of 530Attachment 1 Page 1 of 1

CITY OF FAIRFIELD

FAIRFIELD CITY COUNCIL
TUESDAY, SEPTEMBER 3, 2024; 6:00 PM
HARRY T. PRICE MEMORIAL COUNCIL CHAMBER, 1000
WEBSTER STREET, FAIRFIELD, CA 94533 OR VIA ZOOM

MINUTES

CALL TO ORDER
Mayor Catherine “Cat” Moy called the meeting to order at 6:01 p.m.

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

INVOCATION

Pastor Jonathan Bove of Calvary Chapel Solano gave an invocation.

PLEDGE OF ALLEGIANCE

City Attorney David Lim led the Pledge of Allegiance.

COUNCIL REPORTS

Vice Mayor Bertani reported that Liberty Church held its first annual health fair. The Fairfield Clergy Action Network recently had an ice cream social to discuss the upcoming 4th Annual Thanksgiving meal, which will be held at Willow Hall on November 19, 2024, at noon.

Councilmember Panduro reported that she attended the FAST Electric Bus Ribbon cutting. She also reported that the Patwino Worrtla Kodoi Dihi Open Space Park is now open to the public. The park is located at 2601 Rockville Road and is open Monday through Friday from 9 a.m. to 5 p.m. It is Americans with Disabilities Act (ADA) accessible, and e-bikes are permitted. This park also connects to the Bay Area Ridge Trail. Councilmember Panduro requested to update the Council Handbook. She noted that some policies needed to be updated. Councilmember Panduro did not mind being on the review committee again, and Councilmember Williams agreed. Lastly, Councilmember Panduro requested to close the council meeting in honor of Candy Pierce, Executive Director of CASA for the past 14 years, who sadly died on August 21 from complications of COVID-19.

Councilmember Carr does not have a report.

Councilmember Tonnesen reported that he also attended the FAST Ribbon cutting. He encouraged everyone to go try out Monsoon Burger. Councilmember Tonnesen stated that the National Pickleball Tournament is being held at Allan Witt Park on Friday, September 6, 2024, starting at 9 a.m.

Councilmember Williams reported that the Red Top Road Expansion Project is complete, and she is thankful that it was completed before school started. She also attended the League of Women Voters event at the Benicia Public Library, which was a one-person play based on the life of Fanny Lou Hamer, Packet Page 10 of 530Attachment 2 Page 1 of 4

a civil rights activist and voter rights activist who played a major role during the civil rights movement .

Mayor Moy reported that there will be a Compost Giveaway Event at the Dunnel l Nature Park on Saturday, September 14, 2024. Mayor Moy thanked all the candidates for running in the upcoming election. She asked all the candidates not to speak badly of each other and instead promote what they would do for Fairfield.

CITY MANAGER REPORT

City Manager David Gassaway reported that the last concert from the Summer Concert series, originally scheduled at the Solano County Lawn, has been moved to All an Witt Park to coincide with the Pickleball Tournament on September 6.

CITY ATTORNEY REPORT

City Attorney David Lim reported on Dustin Joseph's workers' compensation matter against the City of Fairfield. The Workers Compensation Appeal Board approved a settlement in case number ADJ14723686, and this information can be found on the Workers Compensation Appeal Board website.

CITY CLERK REPORT

Deputy City Clerk Esther Beavers reported on the Compost Giveaway Day at Dunnell Nature Park on September 14, 2024, from 9 a.m. to 2 p.m.

PRESENTATIONS

1. Homeless Services Division Point in Time Count and End of Year Update Presented by Homeless Services Manager, Samantha Burrows.

Vice Mayor Bertani requested the general fund expenditures for all the homeless services the City provided for the fiscal year 2023-2024. She requested the total amount of expenditures that the City of Fairfield has invested in serving the homeless population and a breakdown of how much the City gives to each homeless service provider.

PUBLIC COMMENTS
Amanda Harrinauth spoke about the Special Olympics.

CONSENT CALENDAR

2. Minute Action Approving Mayor’s Appointment for the 2024 League of California Cities Voting Delegate and Alternate

3. Resolution 2024-214 of the City Council of the City of Fairfield Approving the Response to the 2022-2023 Solano County Civil Grand Jury Report Entitled: Solano County Canine Officer Training Handling & End of Career Policies

4. Resolution 2024-215 of the City Council of the City of Fairfield Approving the Purchase of Asset Management Software From Ivanti, Inc.

5. Resolution 2024-216 of the City Council of the City of Fairfield Accepting the Improvements for the Villages at Fairfield – Clay Bank Road South as Complete Packet Page 11 of 530Attachment 2 Page 2 of 4

6. Resolution 2024-217 of the City Council of the City of Fairfield Declaring Its Intention to Annex Territory (Green Valley III Apartments) to Community Facilities District No. 2012-2 and Authorizing the Levy of Special Taxes Therein for Annexation No. 69

7. Resolution 2024-218 of the City Council of the City of Fairfield Accepting the Improvements for the Canon Station Planning Area 4 - Vanden Road Landscape as Complete

8. Resolution 2024-219 of the City Council of the City of Fairfield Accepting the Landscape Improvements for the Canon Station Planning Area 4 – Neighborhood 8 Subdivision as Complete

9. Resolution 2024-220 of the City Council of the City of Fairfield Authorizing the City Manager to Execute a Third Amendment to the Memorandum of Understanding by and Among the Cities of Dixon, Fairfield, Rio Vista, Suisun City, Vacaville, Solano County Transit, and the Solano Transportation Authority for Intercity Taxi Card Program Services

10. Resolution 2024-221 of the City Council of th e City of Fairfield Authorizing the City Manager to Sign a Letter of Understanding with the Solano County Water Agency for a One-Time Transfer of 1,000 Acre-Feet (Not-To-Exceed 2,000 Acre-Feet) of the Fairfield 2024 State Water Project Article 56 “Carryover” Water Supplies with Another State Water Contractor

11. Second Reading and Adoption of Ordinance 2 024-06 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
Councilmember Tonnesen made a motion to approve the consent calendar. Vice Mayor Bertani seconded the motion. The motion carried unanimously (6-0).

NEW BUSINESS

12. Finance Director John Furtado requested the council to Consider the Proposed Amendment and Restatement of the Rate and Method of Apportionment of Special Tax for Improvement Area No. 1 of the City of Fairfield Community Facilities District No. 2023-1 (One Lake Planning Area 5) and an Increase in the Amount of Bonded Indebtedness, Approving an Amended and Restated Deposit Agreement, and Approving Other Matters Related Thereto and adopt Resolution 2024- 222.

Councilmember Tonnesen made a motion to approve Resolution 2024-222. Councilmember Carr seconded the motion. By a roll call vote, the motion carried unanimously (6-0).

PUBLIC HEARINGS

13. Housing Services Department, Senior Management Analyst La Tanya Terrones requested City Council to Approve the Submission of the Fiscal Year 2023-2024 Community Development Block Grant Program Consolidated Annual Performance Evaluation Report to the U.S. D epartment of Housing and Urban Development (HUD) and Authorizing the City Manager to Execute Any Agreements or Documents Requested by HUD and adopt Resolution 2024-223.

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

Packet Page 12 of 530Attachment 2 Page 3 of 4

Councilmember Williams made a motion to approve Resolution 2024-223. Councilmember Panduro seconded the motion. By a roll call vote, the motion carried unanimously (6-0).

14. Community Development Department, Senior Planner, Jonathan Atkinson provided the First Reading and Introduction of Ordinance 2024-07 of the City Council of the C ity of Fairfield Amending Various Sections of Chapter 25, Article I of the Municipal Code, also Known as the Zoning Ordinance, to Create a Land Use Definition for "Mini-Storage: Interior" and Conditionally Permit the Use in the Industrial Business Park District; Create a Land Use Definition for "Mini Storage: Exterior;" and Adjust Various Land Use Regulations Pertaining to "MiniStorage: Interior" and "Mini-Storage: Exterior" Uses
Mayor Moy opened the public hearing. Mick duPont spoke on this item. Mayor Moy closed the public hearing.

Councilmember Tonnesen made a motion to waive the full reading, read by title only, and introduce Ordinance 2024-07. Councilmember Carr seconded the motion. By a roll call vote, the motion carried unanimously (6-0).

ADJOURNED MEETING IN HONOR OF CANDY PIERCE AT 7:44 P.M. TO TUESDAY, SEPTEMBER 17, 2024, 6:00 P.M., HARRY T. PRICE MEMORIAL COUNCIL CHAMBER.

_____________________________
Deputy City Clerk
____________________________
Mayor
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CITY OF FAIRFIELD

FAIRFIELD CITY COUNCIL

CONCURRENT MEETING
TUESDAY, SEPTEMBER 17, 2024; 6:00 PM
HARRY T. PRICE MEMORIAL COUNCIL CHAMBER, 1000
WEBSTER STREET, FAIRFIELD, CA 94533 OR VIA ZOOM

MINUTES

CALL TO ORDER

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

ROLL CALL

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

INVOCATION

Pastor Andre Davis of the Band of Believers gave an invocation.

PLEDGE OF ALLEGIANCE

City Clerk Karen Rees led the Pledge of Allegiance.

COUNCIL REPORTS

Councilmember Williams reported that she was appointed to the Tripartite Advisory Board , which provides community expertise and guides the Community Action Partnership Solano Joint Power Authority by recommending programs for Community Services Block Grant funding and advising CAP Solano JPA on long-term strategic planning, identifying local priorities and needs. She attended her first training and took a tour of Caminar, a provider of services to Solano County homeless residents seeking outpatient care to address mental health and substance use treatment. Next, she reported she would host a Fire Prevention Town Hall on October 10, 2024, from 10 am to 12 pm, at Nelda Mundy Elementary School, where Fire Marshal Steven Conti will present and answer questions.

Councilmember Tonnesen reported that the USA Pickleball Tournament hosted at Allan Witt Park was held on September 6-8, 2024 (in partnership with the Fairfield Pickleball Club) was a huge success.

Participants were impressed with the courts and want to return to Fairfield to play! He also attended the Public Works Compost Giveaway event on September 14 at Dunnell Nature Center , which was another successful event.

Councilmember Panduro spoke about the recent Adopt A Street cleanup she held with Police staff and community members on North Texas Street from Travis Blvd. to Air Base Parkway and beyond! She reported that the North Texas Street Business Association would hold its monthly meeting on September 18 at noon at the Fairfield-Suisun Chamber of Commerce.

Vice Mayor Bertani reported that she attended a Golf Advisory Board meeting last week. She thanked the new operator, Touchstone Golf Management, on the improvements they are making at both golf

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courses and stated they would provide a comprehensive report to Council at an October meeting. She shared that women golfers at Rancho Solano are giving lessons to high school and middle school girls ; they provide the equipment and the lessons are free! Next, she reported that the Fairfield Clergy Action Network (CAN) has their monthly meeting on September 24 at 3 pm at Willow Hall. They are planning their 4th Annual Thanksgiving meal that will be held on November 19. They need 80 turkeys donated and have 30 committed so far. Contact Kelly Ballard at [email protected] to donate or volunteer.

Councilmember Carr shared that he also attended the Pickleball Tournament at Allan Witt and that it was a great event. He added that downtown Fairfield is looking nice these days and lots of people are visiting the many restaurants. He thanked staff for keeping the area clean.

Mayor Moy reported that a resident stopped her at the grocery store recently to thank the mayor and staff for continuing to clean up Fairfield and that people are noticing the improvements. She also thanked Public Works employee Rick Joiner who went out of his way to return a stolen cell phone to a woman. Rick found the cell phone at a homeless encampment while he was cleaning it as part of his duties as a Homeless Engagement and Response Team (HEART) member. She was very grateful.

CITY MANAGER REPORT

City Manager David Gassaway thanked the Rolling Hills Network Neighborhood group for inviting him to speak to them and give a general update of the City of Fairfield. He stated there were no changes to the agenda.

CITY ATTORNEY REPORT

City Attorney David Lim had nothing to report.

CITY CLERK REPORT

City Clerk Rees had nothing to report.

PRESENTATIONS

1. Proclamation and Poem declaring Hispanic Heritage Month presented by Councilmember Doriss Panduro and Poet Laureate Suzanne Bruce to Pastor Christian Bravo from Liberty Church.

2. Proclamation declaring Constitution Week presented by Vice Mayor Pam Bertani to Nanette McKnight from the Chief Solano Chapter of the Daughters of the American Revolution.

PUBLIC COMMENTS

Jeff Trager spoke about upcoming events at the Downtown Theatre.

Denise Ceccato, Leigh Sutherland, Charlene Phipps, and Jeffrey Pickerill spoke about Unite4Freedom.com (United Sovereign Americans).

Convened meeting of the Housing Authority at 6:36 p.m.

City Clerk Rees read the following statement: 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

On roll call were Commissioners Doug Carr, Doriss Panduro, Scott Tonnesen, and K. Patrice Williams, Vice Chair Bertani, and Chair Moy. Commissioner Rick Vaccaro was absent.

CONSENT CALENDAR - JOINT MEETING CITY COUNCIL & HOUSING AUTHORITY

HOUSING AUTHORITY CONSENT

1. 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 2024-224 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

Vice Chair Bertani made a motion to approve Resolution HA2024-04 and Resolution 2024-224.

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

Reconvened meeting of the City Council at 6:52 p.m.

CONSENT CALENDAR

4. Approval of Meeting Minutes from August 2024

5. Resolution 2024-225 of the City Council of the City of Fairfield Approving a Subscription Agreement for Agenda Management Software from eScribe Software Ltd

6. Resolution 2024-226 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 2024-2025 Budget

7. Resolution 2024-227 of the City Council of the City of Fairfield Accepting the North Bay Regional Water Treatment Plant Laboratory Improvement Project as Complete

8. Resolution 2024-228 of the City Council of the City of Fairfield Authorizing the City Manager t o Execute a Professional Services Agreement Between the City of Fairfield and Shpigler Consulting, Inc. for Advanced Metering Infrastructure Project Management Support

9. Resolution 2024-229 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 Ser vices for the Adaptive Signal Control Technology Project

10. Resolution 2024-230 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

11. Resolution 2024-231 of the City Council of the City of Fairfield Approving Credit Card Processing Fees "Convenience Fees" to be Passed on to the End Users

Packet Page 16 of 530Attachment 3 Page 3 of 4

Councilmember Panduro made a motion to approve the consent calendar. Vice Mayor Bertani seconded the motion. The motion carried unanimously (6-0).

NEW BUSINESS

12. Minute Action Approving Mayor's Appointment to the Youth Commission

Councilmember Panduro made a motion to approve the Mayor’s appointment to the Youth Commission. Councilmember Carr seconded the motion. The motion carried unanimously (6 -0). Youth Commissioner Rishi Patel was absent, so City Clerk Rees was unable to administer the Oath, but she will do so in the office.

13. Public Works Senior Management Analyst Marisa Cumpian gave a presentation and update on the Landscape Oversight Committee.

Rick Johnson and June Johnson spoke on Item 13. Steve Gerritsen and James Semien spoke online via Zoom on Item 13.

After a lengthy council discussion, Mayor Moy appointed Vice Mayor Bertani and Councilmember Williams to form a subcommittee to meet with the Landscape Oversight Committee to assist them to refocus and to report back to the entire City Council at a future meeting. Unexcused absences were discussed as was possibly adding more members to the Committee, as there are passionate people that are educated about Landscape and Lighting Maintenance District (LLMD’s) that would like to participate (that were not appointed).

14. Assistant Director of Public Works, Engineering, Ryan Panganiban asked Council to consider Resolution 2024-232 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 2024-233 of the City Council of the City of Fairfield Authorizing an Update to the F iscal Year 2024-2025 Budget for the Heart of Fairfield Downtown Texas Streetscape Improvement Project – Phase 1B Improvements.

There were no requests to speak.

Vice Mayor Bertani made a motion to approve Resolution 2024-232. Councilmember Carr seconded the motion. The motion carried unanimously (6-0).

Councilmember Carr made a motion to approve Resolution 2024-233. Mayor Moy seconded the motion.

The motion carried unanimously (6-0).

ADJOURNED MEETING AT 8:11 P.M. TO TUESDAY, OCTOBER 1, 2024, 6:00 P.M., HARRY T. PRICE MEMORIAL COUNCIL CHAMBER.

________________________________
City Clerk

___________________________
Mayor
Packet Page 17 of 530Attachment 3 Page 4 of 4

Agenda Item No: 3.

AGENDA REPORT
DATE:October 15, 2024
TO:Mayor and City Council
FROM:David Gassaway, City Manager
SUBJECT:Resolution 2024242 of the City Council of the City of Fairfield Approving Acceptance of the California Office of Traffic Safety Fiscal Year 2025 Selective Traffic Enforcement Program Grant and Approval of Activities to Reduce Traffic Collisions and Fatalities Due to Unsafe Driving
RECOMMENDED ACTION
Adopt resolution.

STATEMENT OF ISSUE
The Fairfield Police Department has applied for and obtained tentative approval for a traffic safety grant from the State of California, Office of Traffic Safety (OTS) for their fiscal year 2025. The grant is in the amount of $250,000 and will fund several traffic safety activities to include sobriety checkpoints, impaired driving saturation patrols, distracted driving enforcement, motorcycle enforcement and enforcement operations for reducing collisions involving pedestrians and bicyclists. Additionally, the grant provides travel funds for instate training and Driving Under the Influence (DUI) checkpoint supplies.

DISCUSSION
The Fairfield Police Department continuously focuses staffing and financial resources on traffic safety.

This is done to improve the quality of life for our residents and visitors utilizing our local highways. The goal of the Police Department’s Traffic Unit is to reduce injury and fatal collisions on our roadways. The Traffic Unit plans to reduce these collisions by dedicating enforcement resources to behaviors known to result in traffic crashes.

This grant allows the Fairfield Police Department to assign officers on an overtime basis and task them with specifically enforcing the traffic safety laws. These enforcement operations will focus on times and locations when these collisions are known to occur.

Fairfield has seen a 10% increase in speedrelated traffic crashes from 20222023. In 2022, the Fairfield Police Department investigated 201 traffic crashes where speed was the primary crash factor.

Of those traffic crashes, 97 involved injuries. In 2023, the Fairfield Police Department investigated 224 traffic crashes where speed was the primary crash factor; 114 of those crashes involved injuries, and Packet Page 18 of 530

Agenda Item No: 3.AGENDA REPORTDATE:October 15, 2024 TO:Mayor and City CouncilFROM:David Gassaway, City ManagerSUBJECT:Resolution 2024242 of the City Council of the City of Fairfield Approving Acceptanceof the California Office of Traffic Safety Fiscal Year 2025 Selective Traffic EnforcementProgram Grant and Approval of Activities to Reduce Traffic Collisions and FatalitiesDue to Unsafe DrivingRECOMMENDED ACTIONAdopt resolution.STATEMENT OF ISSUEThe Fairfield Police Department has applied for and obtained tentative approval for a traffic safety grantfrom the State of California, Office of Traffic Safety (OTS) for their fiscal year 2025. The grant is in theamount of $250,000 and will fund several traffic safety activities to include sobriety checkpoints,impaired driving saturation patrols, distracted driving enforcement, motorcycle enforcement andenforcement operations for reducing collisions involving pedestrians and bicyclists. Additionally, thegrant provides travel funds for instate training and Driving Under the Influence (DUI) checkpointsupplies.DISCUSSIONThe Fairfield Police Department continuously focuses staffing and financial resources on traffic safety.This is done to improve the quality of life for our residents and visitors utilizing our local highways. Thegoal of the Police Department’s Traffic Unit is to reduce injury and fatal collisions on our roadways. TheTraffic Unit plans to reduce these collisions by dedicating enforcement resources to behaviors known toresult in traffic crashes.This grant allows the Fairfield Police Department to assign officers on an overtime basis and task themwith specifically enforcing the traffic safety laws. These enforcement operations will focus on times andlocations when these collisions are known to occur.Fairfield has seen a 10% increase in speedrelated traffic crashes from 20222023. In 2022, the Fairfield Police Department investigated 201 traffic crashes where speed was the primary crash factor.

In 2023, the Fairfield Police Department made 298 DUI arrests, where 245 of those DUI arrests were for alcohol only, 35 for drug only, and 18 were combo, drug and alcohol. Despite this high number of DUI arrests, in 2023 the Fairfield Police Department still investigated 115 DUI crashes, 43 of those involving injury, and one being a fatality. The number of DUIrelated traffic crashes continues to be an issue for the City of Fairfield and this topic continues to catch the public's attention. Per OTS Crash Rankings in 2021, the Fairfield Police Department ranked 17/60 for alcohol involved traffic crashes.

FINANCIAL IMPACT
With the acceptance of the grant, the Police Department will receive $250,000. The grant funding will cover overtime costs for Police Department personnel participating in grant related activities. A Special Programs Fund will be used for the grant (Fund 155, Organization Code 50199, and Project 10609).

PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
N/A
ALTERNATIVE ACTION
City Council may choose not to accept the grant funding.

STAFF CONTACT
Robert Piro, Police Sergeant
(707) 4287524
[email protected]
COORDINATED WITH
N/A
ATTACHMENTS:

Description
Proposed Resolution
Proposed Agreement
REVIEWERS:

Reviewer Action Date
Beavers, Esther Approved 9/30/2024 2:01 PM
Packet Page 19 of 530

CITY OF FAIRFIELD

RESOLUTION NO. 2024-242

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAIRFIELD APPROVING ACCEPTANCE OF THE CALIFORNIA OFFICE OF TRAFFIC SAFETY FISCAL YEAR 2025 SELECTIVE TRAFFIC

ENFORCEMENT PROGRAM GRANT AND APPROVAL OF ACTIVITIES TO REDUCE TRAFFIC

COLLISIONS AND FATALITIES DUE TO UNSAFE DRIVING

WHEREAS, the City of Fairfield recognizes traffic safety is a quality of life issue and a major concern to all its residents; and

WHEREAS, the Police Department has determined that a significant number of traffic collisions involve unsafe driving; and

WHEREAS, the Police Department wishes to continue a partnership with the California Office of Traffic Safety and undertake a project designated as the Selective Traffic Enforcement Program (STEP) Grant for 2024-2025; and

WHEREAS, the City of Fairfield has been awarded a $250,000 grant by the California Office of Traffic Safety to conduct several traffic safety enforcement operations between October 1, 2024, and September 30, 2025.

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

Section 1. The city manager is hereby authorized to apply for the fiscal year (FY) 2025 STEP Grant from the California Office of Traffic Safety in the amount of $250,000.

Section 2. The city manager is authorized to accept the FY 2025 STEP award on behalf of the city, and the city manager is authorized to execute a grant agreement with the State of California acting through its California Office of Traffic Safety.

Section 3. The city manager is authorized to provide such information and assurances required for the FY 2025 STEP Grant application.

Section 4. The Fairfield Police Department Financial Services Unit is authorized to perform all administrative matters related to the FY 2025 STEP Grant application, grant agreement, amendments, and reimbursement requests, and to submit required online grant documents on the city manager’s behalf.

Packet Page 20 of 530Attachment 1 Page 1 of 2

RES. NO. 2024-242

Page 2 ends

PASSED AND ADOPTED this 15th day of October 2024, by the following vote:

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

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

MAYOR

ATTEST:

____________________________

CITY CLERK

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9/26/2024 3:55:55 PM Page 1 of 18
State of California Office of Traffic Safety

GRANT AGREEMENT

GRANT NUMBER
PT25159

1. GRANT TITLE
Selective Traffic Enforcement Program (STEP)

2. NAME OF AGENCY 3. Grant Period
Fairfield From:

To:
10/01/2024
09/30/2025 4. AGENCY UNIT TO ADMINISTER GRANT
Fairfield Police Department

5. GRANT DESCRIPTION
Best practice strategies will be conducted to reduce the number of persons killed and injured in crashes involving alcohol and other primary crash factors. The funded strategies may include impaired driving enforcement, enforcement operations focusing on primary crash factors, distracted driving, night-time seat belt enforcement, special enforcement operations encouraging motorcycle safety, enforcement and public awareness in areas with a high number of bicycle and pedestrian crashes, and educational programs. These strategies are designed to earn media attention thus enhancing the overall deterrent effect.

6. Federal Funds Allocated Under This Agreement Shall Not Exceed: $250,000.00

7. TERMS AND CONDITIONS: The parties agree to comply with the terms and conditions of the following which are by this reference made a part of the Agreement:

Schedule A Problem Statement, Goals and Objectives and Method of Procedure Schedule B Detailed Budget Estimate and Sub-Budget Estimate (if applicable) Schedule B-1 Budget Narrative and Sub-Budget Narrative (if applicable) Exhibit A Certifications and Assurances
Exhibit B* OTS Grant Program Manual
Exhibit C Grant Electronic Management System (GEMS) Access *Items shown with an asterisk (*), are hereby incorporated by reference and made a part of this agreement as if attached hereto.

These documents can be viewed at the OTS home web page under Grants: www.ots.ca.gov .

We, the officials named below, hereby swear under penalty of perjury under the laws of the State of California that we are duly authorized to legally bind the Grant recipient to the above described Grant terms and conditions.

IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto.

8. Approval Signatures
A. GRANT DIRECTOR B. AUTHORIZING OFFICIAL
NAME:

TITLE:

EMAIL:

PHONE:

ADDRESS:

Robert Piro

Police Sergeant

[email protected]

(707) 428-7425

1000 Webster Street
Fairfield, CA 94533
ADDRESS: David Gassaway

City Manager

[email protected]

(707) 428-7398

1000 Webster Street
Fairfield, CA 94533
{{_es_signer2_signature}} {{_es_signer2_date}} {{_es_signer4_signature}} {{_es_signer4_date}} (Signature) (Date) (Signature) (Date)

C. FISCAL OFFICIAL

D. AUTHORIZING OFFICIAL OF OFFICE OF TRAFFIC SAFETY
ADDRESS: Ryan McCann

Administrative Technician

[email protected]

(707) 428-7318

1000 Webster Street
Fairfield, CA 94533
ADDRESS: Barbara Rooney

Director

[email protected]

(916) 509-3030

2208 Kausen Drive, Suite 300
Elk Grove, CA 95758
{{_es_signer3_signature}} {{_es_signer3_date}} {{_es_signer6_signature}} {{_es_signer6_date}} (Signature) (Date) (Signature) (Date)

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E. ACCOUNTING OFFICER OF OFFICE OF TRAFFIC SAFETY 9. SAM INFORMATION NAME: Carolyn Vu SAM#:

REGISTERED
ADDRESS:

CITY:

ZIP+4:

RKK3CJAGJ3G4
1000 Webster Street
Fairfield
94533-4836
ADDRESS: 2208 Kausen Drive, Suite 300
Elk Grove, CA 95758

10.PROJECTED EXPENDITURES
FUND CFDA ITEM/APPROPRIATION F.Y. CHAPTER STATUTE PROJECTED

EXPENDITURES
402PT-25.1 20.600 0521-0890-101 2023 12/23 BA/23 $21,529.00 164AL-25.1 20.608 0521-0890-101 2023 12/23 BA/23 $32,294.00 402PT-25 20.600 0521-0890-101 2024 22/24 BA/24 $78,471.00 164AL-25 20.608 0521-0890-101 2024 22/24 BA/24 $117,706.00

AGREEMENT
TOTAL $250,000.00

AMOUNT ENCUMBERED BY THIS DOCUMENT
I CERTIFY upon my own personal knowledge that the budgeted funds for the current budget year are available for the period and purpose of the expenditure stated above.
$250,000.00

PRIOR AMOUNT ENCUMBERED FOR THIS

AGREEMENT
$ 0.00

OTS DATE SIGNED TOTAL AMOUNT ENCUMBERED TO DATE
{{_es_signer5_signature}} {{_es_signer5_date}} $250,000.00

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State of California Office of Traffic Safety

GRANT AGREEMENT
Schedule A

GRANT NUMBER
PT25159

1. PROBLEM STATEMENT
1) About Fairfield: The City of Fairfield has a population of approximately 120,000. There are 61 other cities in the state that are comparable in size and that Fairfield is measured against for OTS crash rankings. Fairfield is home to Travis Air Force Base, which contributes to a large number of motorcyclists on local roadways. We have 26 schools throughout the city and a large number of students walk to school.

Fairfield is situated along the Interstate 80, 680, and State Route 12 corridor. Commute and holiday traffic often spills over onto local roads, creating additional congestion, speed violations, and traffic crashes. In 2021, per OTS Crash Rankings, the Fairfield Police Department was ranked 10/60 in the total fatal and injury crash category.
2) Speed-related traffic crashes: Fairfield has seen a 10% increase in speed-related traffic crashes from 2022-2023. In 2022, the Fairfield Police Department investigated 201 traffic crashes where speed was the primary crash factor. 97 of those traffic crashes involved injury. In 2023, the Fairfield Police Department investigated 224 traffic crashes where speed was the primary crash factor. 114 of those crashes involved injuries, and one involved a fatality. In 2021, the Fairfield Police Department was ranked 14/60 for speed related traffic crashes.
3) DUI related traffic crashes: In 2023, the Fairfield Police Department made 298 DUI arrests. 245 of those DUI arrests were for alcohol only, 35 for drug only, and 18 were combo, drug and alcohol. Despite this high number of DUI arrests, in 2023 the Fairfield Police Department still investigated 115 DUI crashes, 43 of those involving injury, and one being a fatality. The number of DUI-related traffic crashes continues to be an issue for the city of Fairfield and this topic continues to catch the public's attention. Per OTS Crash Rankings in 2021, the Fairfield Police Department ranked 17/60 for alcohol involved traffic crashes. 4) Pedestrian related traffic crashes: In 2023, the Fairfield Police Department investigated 56 traffic crashes that involved a pedestrian. Of those 56 traffic crashes, 46 involved injury, and two were fatal. One of the fatal pedestrian traffic crashes involved an 11-year-old, who was struck crossing in the crosswalk at her school by a DUI driver. The amount of traffic crashes involving pedestrians in 2023 is up 19% from 2022.

Per OTS Crash Rankings, in 2021, the Fairfield Police Department ranked 3/60 for pedestrians under the age of 15 being involved in a traffic crash.
5) Based on the above statistics: The Fairfield Police Department focusing on conducting Primary Crash Factor operations to help enforce the speeding issue in the city. The Fairfield Police Department will also be conducting DUI Checkpoints and DUI Saturation Patrols, which will help reduce the DUI related traffic crashes in the city. Conducting extra traffic enforcement operations will affect the Fairfield community by making it a safer place to live and hopefully reducing the amount of traffic crashes.

2. PERFORMANCE MEASURES
A. Goals:

1. Reduce the number of persons killed in traffic crashes.

2. Reduce the number of persons injured in traffic crashes.

3. Reduce the number of pedestrians killed in traffic crashes.

4. Reduce the number of pedestrians injured in traffic crashes.

5. Reduce the number of bicyclists killed in traffic crashes.

6. Reduce the number of bicyclists injured in traffic crashes.

7. Reduce the number of persons killed in alcohol-involved crashes.

8. Reduce the number of persons injured in alcohol-involved crashes.

9. Reduce the number of persons killed in drug-involved crashes.

10. Reduce the number of persons injured in drug-involved crashes.

11. Reduce the number of persons killed in alcohol/drug combo-involved crashes.

12. Reduce the number of persons injured in alcohol/drug combo-involved crashes.

13. Reduce the number of motorcyclists killed in traffic crashes.

14. Reduce the number of motorcyclists injured in traffic crashes.

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15. Reduce hit & run fatal crashes.

16. Reduce hit & run injury crashes.

17. Reduce nighttime (2100 - 0259 hours) fatal crashes.

18. Reduce nighttime (2100 - 0259 hours) injury crashes.

B. Objectives: Target Number

1. Issue a press release announcing the kick-off of the grant by November 15. The kick-off press releases and media advisories, alerts, and materials must be emailed to the OTS Public Information Officer at [email protected], and copied to your OTS Coordinator, for approval 7 days prior to the issuance date of the release.
1 2. Participate and report data (as required) in the following campaigns; Quarter 1:

National Pedestrian Safety Month, National Walk to School Day, National Teen Driver Safety Week, NHTSA Winter Mobilization; Quarter 3: National Distracted Driving Awareness Month, National Motorcycle Safety Month, National Bicycle Safety Month, National Click it or Ticket Mobilization; Quarter 4: National Speed Prevention Campaigns, NHTSA Summer Mobilization, National Child Passenger Safety Week, and California's Pedestrian Safety Month.
12 3. Develop (by Decem
and traffic officers to be on the lookout for identified repeat DUI offenders with a suspended or revoked license as a result of DUI convictions. Updated DUI BOLOs should be distributed to patrol and traffic officers monthly. 12 4. Send law enforcement personnel to the NHTSA Standardized Field Sobriety Testing (SFST) (minimum 16 hours) POST-certified training. 3 5. Send law enforcement personnel to the NHTSA Advanced Roadside Impaired Driving Enforcement (ARIDE) 16 hour POST-certified training. 3 6. Send law enforcement personnel to the Drug Recognition Expert (DRE) training (classroom and field training must be completed).
1 7. Send law enforcement personnel to the DRE Recertification training. 2

8. Conduct DUI/DL Checkpoints. A minimum of 1 checkpoint should be conducted during the NHTSA Winter Mobilization and 1 during the Summer Mobilization. To enhance the overall deterrent effect and promote high visibility, it is recommended the grantee issue an advance press release and conduct social media activity for each checkpoint. For combination DUI/DL checkpoints, departments should issue press releases that mention DL's will be checked at the DUI/DL checkpoint. Signs for DUI/DL checkpoints should read "DUI/Driver's License Checkpoint Ahead." OTS does not fund or support independent DL checkpoints. Only on an exception basis and with OTS pre-approval will OTS fund checkpoints that begin prior to 1800 hours. When possible, DUI/DL Checkpoint screeners should be DRE- or ARIDE-trained.
6 9. Conduct DUI Saturation Patrol operation(s). 38

10. Conduct Traffic Enforcement operation(s), including but not limited to, primary crash factor violations.
30 11. Conduct highly publicized Distracted Driving enforcement operation(s) targeting drivers using hand held cell phones and texting.
13 12. Conduct highly publicized Motorcycle Safety enforcement operation(s) in areas or during events with a high number of motorcycle incidents or crashes resulting from unsafe speed, DUI, following too closely, unsafe lane changes, improper turning, and other primary crash factor violations by motorcyclists and other drivers. 13 13. Conduct Nighttime (1800-0559) Click It or Ticket enforcement operation(s). 2

14. Conduct highly publicized pedestrian and/or bicycle enforcement operation(s) in areas or during events with a high number of pedestrian and/or bicycle crashes resulting from violations made by pedestrians, bicyclists, and drivers. 13 15. Conduct Traffic Safety educational presentation(s) with an effort to reach community members. Note: Presentation(s) may include topics such as distracted driving, DUI, speed, bicycle and pedestrian safety, seat belts and child passenger safety.
2 3. METHOD OF PROCEDURE
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A. Phase 1 Program Preparation (1st Quarter of Grant Year)

outlined in the objectives section.

All training needed to implement the program should be conducted in the first quarter.

All grant related purchases needed to implement the program should be made in the first quarter.

t of DUI
description, current license status, and the number of times suspended or revoked for DUI. DUI BOLOs should be updated and distributed to traffic and patrol officers at least monthly.

Implementation of the STEP grant activities will be accomplished by deploying personnel at high crash locations.

Media Requirements:

Issue a press release approved by the OTS PIO announcing the kick-off of the grant by November 15, but no sooner than October 1. The kick-off release must be approved by the OTS PIO and only distributed after the grant is fully signed and executed. If you are unable to meet the November 15 deadline to issue a kick-off press release, communicate reasons to your OTS grant coordinator and OTS PIO.

B. Phase 2 Program Operations (Throughout Grant Year)
The department will work to create media opportunities throughout the grant period to call attention to the innovative program strategies and outcomes.

Media Requirements
The following requirements are for all grant-related activities:

Send all media advisories, alerts, videos, graphics, artwork, posters, radio/PSA/video scripts, storyboards, digital and/or print educational materials for grant-related activities to the OTS PIO at [email protected] for approval and copy your OTS grant coordinator. Optimum lead time would be 7 days before the scheduled release but at least 3 business days prior to the scheduled release date for review and approval is appreciated.

Send all Powerpoint presentations, online presentations and trainings for grant-related activities to the OTS PIO at [email protected] for approval and copy your OTS grant coordinator. Certified training courses are EXEMPT from the approval process.

The OTS PIO is responsible for the approval of the design and content of materials. The agency understands OTS PIO approval is not authorizing approval of budget expenditure or cost. Any cost approvals must come from the OTS grant coordinator.

Pre-approval is not required when using any OTS-supplied template for media advisories, press releases, social media graphics, videos or posts, or any other OTS-supplied educational material.

However, copy the OTS PIO at [email protected] and your OTS grant coordinator when any material is distributed to the media and public, such as a press release, educational material, or link to social media post. The OTS-supplied kick-off press release templates and any kickoff press releases are an exception to this policy and require prior approval before distribution to the media and public.

If an OTS-supplied template, educational material, social media graphic, post or video is substantially changed, the changes shall be sent to the OTS PIO at [email protected] for approval and copy to your OTS grant coordinator. Optimum lead time would be 7 days prior to the scheduled release date, but at least 3 business days prior to the scheduled release date for review and approval is appreciated.

Press releases, social media posts and alerts on platforms such as NextDoor and Nixle reporting immediate and time-sensitive grant activities (e.g. enforcement operations, day of event highlights or announcements, event invites) are exempt from the OTS PIO approval process. The OTS PIO and your OTS grant coordinator should still be notified when the grant-related activity is happening (e.g. car seat checks, bicycle rodeos, community presentations, DUI checkpoints, etc.).

Enforcement activities such as warrant and probation sweeps, court stings, etc. that are embargoed or could impact operations by publicizing in advance are exempt from the PIO Packet Page 26 of 530Attachment 2 Page 5 of 18

9/26/2024 3:55:55 PM Page 6 of 18
approval process. However, announcements and results of activities should still be copied to the OTS PIO at [email protected] and your OTS grant coordinator with embargoed date and time or l.

Any earned or paid media campaigns for TV, radio, digital or social media that are part of a specific grant objective, using OTS grant funds, or designed and developed using contractual services by a subgrantee, requires prior approval. Please send to the OTS PIO at [email protected] for approval and copy your grant coordinator at least 3 business days prior to the scheduled release date.

Social media posts highlighting state or national traffic safety campaigns (Distracted Driving Month, Motorcycle Safety Awareness Month, etc.), enforcement operations (DUI checkpoints, etc.), or any other grant-related activity such as Bicycle rodeos, presentations, or events, are highly encouraged but do not require prior approval.

Submit a draft or rough-cut of all digital, printed, recorded or video material (brochures, posters, scripts, artwork, trailer graphics, digital graphics, social posts connected to an earned or paid media campaign grant objective) to the OTS PIO at [email protected] and copy your OTS grant coordinator for approval prior to the production or duplication.

Use the following standard language in all press, media, and printed materials, space permitting:

Funding for this program was provided by a grant from the California Office of Traffic Safety, through the National Highway Traffic Safety Administration.

Space permitting, include the OTS logo on all grant-funded print materials, graphics and paid or earned social media campaign grant objective; consult your OTS grant coordinator for specifics, format-appropriate logos, or if space does not permit the use of the OTS logo.

Email the OTS PIO at [email protected] and copy your OTS grant coordinator at least 21 days in advance, or when first confirmed, a short description of any significant grant-related traffic safety event or program, particularly events that are highly publicized beforehand with anticipated media coverage so OTS has sufficient notice to arrange for attendance and/or participation in the event.

If unable to attend, email the OTS PIO and coordinator brief highlights and/or results, including any media coverage (broadcast, digital, print) of event within 7 days following significant grant- related event or program. Media and program highlights are to be reflected in QPRs.

Any press releases, work plans, scripts, storyboards, artwork, graphics, videos or any educational or informational materials that received OTS PIO approval in a prior grant year needs to be resubmitted for approval in the current grant year.

For additional guidance, refer to the OTS Grants Materials Approval Process Guidelines and OTS Grants Media Approval Process FAQs on the OTS website.

Contact the OTS PIO or your OTS grant coordinator for consultation when changes from any of the above requirements might be warranted.

C. Phase 3 Data Collection & Reporting (Throughout Grant Year)

1. Prepare and submit grant claim invoices (due January 30, April 30, July 30, and October 30)

2. Prepare and submit Quarterly Performance Reports (QPR) (due January 30, April 30, July 30, and October 30)
Collect and report quarterly, appropriate data that supports the progress of goals and objectives.

Provide a brief list of activity conducted, procurement of grant-funded items, and significant media activities. Include status of grant-funded personnel, status of contracts, challenges, or special accomplishments.

Provide a brief summary of quarterly accomplishments and explanations for objectives not completed or plans for upcoming activities.

Collect, analyze and report statistical data relating to the grant goals and objectives.

4. METHOD OF EVALUATION
the fourth/final Quarterly Performance Report (QPR). The Final Evaluation should provide a brief summary whether goals and objectives were met, exceeded, or an explanation of why objectives were not completed.

5. ADMINISTRATIVE SUPPORT
This program has full administrative support, and every effort will be made to continue the grant activities after grant conclusion.

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State of California Office of Traffic Safety

GRANT AGREEMENT
Schedule B

GRANT NUMBER
PT25159

FUND NUMBER CATALOG

NUMBER (CFDA)

FUND DESCRIPTION TOTAL AMOUNT
402PT-25 20.600 State and Community Highway
Safety
$100,000.00
164AL-25 20.608 Minimum Penalties for Repeat
Offenders for Driving While
Intoxicated
$150,000.00

COST CATEGORY FUND
NUMBER

UNIT COST OR
RATE

UNITS TOTAL COST TO
GRANT
A.PERSONNEL COSTS

Straight Time
$0.00
Overtime
DUI/DL Checkpoints 164AL-25 $12,631.36 6 $75,788.00
DUI Saturation Patrols 164AL-25 $1,804.48 38 $68,570.00 Traffic Enforcement 402PT-25 $1,353.36 30 $40,601.00
Distracted Driving 402PT-25 $1,353.36 13 $17,594.00
Motorcycle Safety 402PT-25 $1,353.36 13 $17,594.00
Night-time Click It Or Ticket 402PT-25 $1,353.36 2 $2,707.00 Pedestrian and Bicycle Enforcement 402PT-25 $1,353.36 13 $17,594.00 Traffic Safety Educational Presentations 402PT-25 $902.25 2 $1,805.00 Category Sub-Total $242,253.00
B.TRAVEL EXPENSES
In State Travel 402PT-25 $2,105.00 1 $2,105.00
$0.00
Category Sub-Total $2,105.00
C.CONTRACTUAL SERVICES
$0.00
Category Sub-Total $0.00
D.EQUIPMENT
$0.00
Category Sub-Total $0.00
E. OTHER DIRECT COSTS
DUI Checkpoint Supplies 164AL-25 $5,641.60 1 $5,642.00
Category Sub-Total $5,642.00
F.INDIRECT COSTS
$0.00
Category Sub-Total $0.00
GRANT TOTAL $250,000.00

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State of California Office of Traffic Safety

GRANT AGREEMENT
Schedule B-1

GRANT NUMBER
PT25159

BUDGET NARRATIVE

PERSONNEL COSTS
DUI/DL Checkpoints - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.

DUI Saturation Patrols - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.

Traffic Enforcement - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.

Distracted Driving - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.

Motorcycle Safety - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.

Night-time Click It Or Ticket - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.

Pedestrian and Bicycle Enforcement - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.

Traffic Safety Educational Presentations - Overtime for grant funded traffic safety educational presentations conducted by appropriate department personnel.

TRAVEL EXPENSES
In State Travel - Costs are included for appropriate staff to attend conferences and training events supporting the grant goals and objectives and/or traffic safety. Local mileage for grant activities and meetings is included. Anticipated travel may include Lifesavers in Long Beach and the OTS Traffic Safety Law Enforcement Forum. All conferences, seminars or training not specifically identified in the Budget Narrative must be approved by OTS. All travel claimed must be at the agency approved rate. Per Diem may not be claimed for meals provided at conferences when registration fees are paid with OTS grant funds.

CONTRACTUAL SERVICES
-

EQUIPMENT
-

OTHER DIRECT COSTS
DUI Checkpoint Supplies - On-scene supplies needed to conduct sobriety checkpoints. Costs may include 28" traffic cones, MUTCD compliant traffic signs, MUTCD compliant high visibility vests (maximum of 10), traffic counters (maximum of 2), generator, gas for generators, lighting, reflective banners, electronic flares, PAS Device/Calibration Supplies, heater, propane for heaters, fan, anti-fatigue mats, and canopies.

Additional items may be purchased if approved by OTS. The cost of food and beverages will not be reimbursed. Each item must have a unit cost of less than $5,000 (including tax and shipping).

INDIRECT COSTS
-

STATEMENTS/DISCLAIMERS
There will be no program income generated from this grant. informal, that a particular law
enforcement officer issue a specified or predetermined number of citations in pursuance of the goals and objectives here under.

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State of California Office of Traffic Safety

GRANT AGREEMENT
Exhibit A

GRANT NUMBER
PT25159
Certifications and Assurances for Fiscal Year 2024 Highway Safety Grants (23 U.S.C. Chapter 4 or Section 1906, Public Law 109-59, as amended by Section 25024, Public Law 117-58) The officials named on the grant agreement, certify by way of signature on the grant agreement signature page, that the Grantee Agency complies with all applicable Federal statutes, regulations, and directives and State rules, guidelines, policies, and laws in effect with respect to the periods for which it receives grant funding. Applicable provisions include, but are not limited to, the following:

GENERAL REQUIREMENTS
The State will comply with applicable statutes and regulations, including but not limited to:
23 U.S.C. Chapter 4 Highway Safety Act of 1966, as amended; Sec. 1906, Public Law 109-59, as amended by Sec. 25024, Public Law 117-58; 23 CFR part 1300 Uniform Procedures for State Highway Safety Grant Programs; 2 CFR part 200 Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards; 2 CFR part 1201 Department of Transportation, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.

NONDISCRIMINATION
(applies to all subrecipients as well as States)
The State highway safety agency [and its subrecipients] will comply with all Federal statutes and implementing regulations relating to

Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin);
49 CFR part 21 (entitled Non-discrimination in Federally-Assisted Programs of the Department of Transportation Effectuation of Title VI of the Civil Rights Act of 1964); 28 CFR 50.3 (U.S. Department of Justice Guidelines for Enforcement of Title VI of the Civil Rights Act of 1964); The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); Federal-Aid Highway Act of 1973, (23 U.S.C. 324 et seq.), and Title IX of the Education Amendments of 1972, as amended (20 U.S.C. 1681-1683 and 1685-1686) (prohibit discrimination on the basis of sex); Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. 794 et seq.), as amended, (prohibits discrimination on the basis of disability) and 49 CFR part 27;
The Age Discrimination Act of 1975, as amended, (42 U.S.C. 6101 et seq.), (prohibits discrimination on the basis of age);
The Civil Rights Restoration Act of 1987, (Pub. L. 100-209), (broadens scope, coverage, and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition aid
recipients, subrecipients and contractors, whether such programs or activities are Federally-funded or not); Titles II and III of the Americans with Disabilities Act (42 U.S.C. 12131-12189) (prohibits discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing) and 49 CFR parts 37 and 38;
Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations (preventing discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations);
Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency (requiring that recipients of Federal financial assistance provide meaningful access for applicants and beneficiaries who have limited English proficiency (LEP));
Executive Order 13985, Advancing Racial Equity and Support for Underserved Communities through the Federal Government (advancing equity across the Federal Government); and Executive Order 13988, Preventing and Combating Discrimination on the Basis of Gender Identity or Sexual Orientation (clarifying that sex discrimination includes discrimination on the grounds of gender identity or sexual orientation).

The preceding statutory and

GENERAL ASSURANCES
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In accordance with the Acts, the Regulations, and other pertinent directives, circulars, policy, memoranda, and/or guidance, the Recipient hereby gives assurance that it will promptly take any measures necessary to ensure that:
be denied
the benefits of, or be otherwise subjected to discrimination under any program or activity, for which the Recipient receives Federal The Civil Rights Restoration Act of 1987 clarified the original intent of Congress, with respect to Title VI of the Civil Rights Act of 1964 and other non-discrimination requirements (the Age Discrimination Act of 1975, and Section 504 of the Rehabilitation Act of 1973), by restoring the broad, institutional-wide scope and coverage of these nondiscrimination statutes and requirements to include all programs and activities of the Recipient, so long as any portion of the program is Federally assisted.

SPECIFIC ASSURANCES
More specifically, and without limiting the above general Assurance, the Recipient agrees with and gives the following Assurances with respect to its Federally assisted Highway Safety Grant Program:

1.49 CFR part 21
will be (with regard to an facilitated,
in compliance with all requirements imposed by, or pursuant to the Acts and the Regulations.

2.The Recipient will insert the following notification in all solicitations for bids, Requests For Proposals for work, or material subject to the Acts and the Regulations made in connection with all Highway Safety Grant Programs and, in adapted form, in all proposals for negotiated agreements regardless of funding source:

U.S.C 2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that in any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin

3.The Recipient will insert the clauses of appendix A and E of this Assurance (also referred in every contract or agreement subject to the Acts and the Regulations.

4.The Recipient will insert the clauses of appendix B of DOT Order 1050.2A, as a covenant running with the land, in any deed from the United States effecting or recording a transfer of real property, structures, use, or improvements thereon or interest therein to a Recipient.

5.That where the Recipient receives Federal financial assistance to construct a facility, or part of a facility, the Assurance will extend to the entire facility and facilities operated in connection therewith.

6.That where the Recipient receives Federal financial assistance in the form of, or for the acquisition of, real property or an interest in real property, the Assurance will extend to rights to space on, over, or under such property.

7.That the Recipient will include the clauses set forth in appendix C and appendix D of this DOT Order 1050.2A, as a covenant running with the land, in any future deeds, leases, licenses, permits, or similar instruments entered into by the Recipient with other parties:
a.for the subsequent transfer of real property acquired or improved under the applicable activity, project, or program; and
b.for the construction or use of, or access to, space on, over, or under real property acquired or improved under the applicable activity, project, or program.

8.That this Assurance obligates the Recipient for the period during which Federal financial assistance is extended to the program, except where the Federal financial assistance is to provide, or is in the form of, personal property, or real property, or interest therein, or structures or improvements thereon, in which case the Assurance obligates the Recipient, or any transferee for the longer of the following periods:
a.the period during which the property is used for a purpose for which the Federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits; or b.the period during which the Recipient retains ownership or possession of the property.

9.The Recipient will provide for such methods of administration for the program as are found by the Secretary of Transportation or the official to whom he/she delegates specific authority to give reasonable guarantee that it, other recipients, sub-recipients, sub- grantees, contractors, subcontractors, consultants, transferees, successors in interest, and other participants of Federal financial assistance under such program will comply with all requirements imposed or pursuant to the Acts, the Regulations, and this Assurance.

10.The Recipient agrees that the United States has a right to seek judicial enforcement with regard to any matter arising under the Acts, the Regulations, and this Assurance.

By signing this ASSURANCE, the State highway safety agency also agrees to comply (and require any sub-recipients, sub-grantees, contractors, successors, transferees, and/or assignees to comply) with all applicable provisions governing NHTSA's access to records, accounts, documents, information, facilities, and staff. You also recognize that you must comply with any program or compliance reviews, and/or complaint investigations conducted by NHTSA. You must keep records, reports, and submit the material for review Packet Page 32 of 530Attachment 2 Page 11 of 18

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upon request to NHTSA, or its designee in a timely, complete, and accurate way. Additionally, you must comply with all other reporting, data collection, and evaluation requirements, as prescribed by law or detailed in program guidance.

The State highway safety agency gives this ASSURANCE in consideration of and for obtaining any Federal grants, loans, contracts, agreements, property, and/or discounts, or other Federal-aid and Federal financial assistance extended after the date hereof to the recipients by the U.S. Department of Transportation under the Highway Safety Grant Program. This ASSURANCE is binding on the State highway safety agency, other recipients, sub-recipients, sub-grantees, contractors, subcontractors and their subcontractors', transferees, successors in interest, and any other participants in the Highway Safety Grant Program. The person(s) signing below is/are authorized to sign this ASSURANCE on behalf of the Recipient.

THE DRUG-FREE WORKPLACE ACT OF 1988 (41 U.S.C. 8103)
The Subgrantee will provide a drug-free workplace by:
a.Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the grantee's workplace, and specifying the actions that will be taken against employees for violation of such prohibition;
b.Establishing a drug-free awareness program to inform employees about:

1. The dangers of drug abuse in the workplace;

2. The grantee's policy of maintaining a drug-free workplace;

3. Any available drug counseling, rehabilitation, and employee assistance programs;

4. The penalties that may be imposed upon employees for drug violations occurring in the workplace;

5. Making it a requirement that each employee engaged in the performance of the grant be given a copy of the statement required by paragraph (a);
c.Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will

1. Abide by the terms of the statement;

2. Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after such conviction;
d.Notifying the agency within ten days after receiving notice under subparagraph (c)(2) from an employee or otherwise receiving actual notice of such conviction;
e.Taking one of the following actions, within 30 days of receiving notice under subparagraph (c)(2), with respect to any employee who is so convicted

1. Taking appropriate personnel action against such an employee, up to and including termination;

2. Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; f.Making a good faith effort to continue to maintain a drug-free workplace through implementation of all of the paragraphs above.

POLITICAL ACTIVITY (HATCH ACT)
(applies to all subrecipients as well as States)
The State will comply with provisions of the Hatch Act (5 U.S.C. 1501-1508), which limits the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds.

CERTIFICATION REGARDING FEDERAL LOBBYING
(applies to all subrecipients as well as States)

CERTIFICATION FOR CONTRACTS, GRANTS, LOANS, AND COOPERATIVE AGREEMENTS The undersigned certifies, to the best of his or her knowledge and belief, that:

1.No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement;

2.If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, with its instructions;

3.The undersigned shall require that the language of this certification be included in the award documents for all sub- awards at all tiers (including subcontracts, subgrants, and contracts under grant, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.

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This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

RESTRICTION ON STATE LOBBYING
(applies to subrecipients as well as States)
None of the funds under this program will be used for any activity specifically designed to urge or influence a State or local legislator to favor or oppose the adoption of any specific legislative proposal pending before any State or local legislative body. Such activities th one exception. This does not preclude a State official whose salary is supported with NHTSA funds from engaging in direct communications with State or local legislative officials, in accordance with customary State practice, even if such communications urge legislative officials to favor or oppose the adoption of a specific pending legislative proposal.

CERTIFICATION REGARDING DEBARMENT AND SUSPENSION
(applies to all subrecipients as well as States)

INSTRUCTIONS FOR PRIMARY TIER PARTICIPANT CERTIFICATION (STATES)

1.By signing and submitting this proposal, the prospective primary tier participant is providing the certification set out below and agrees to comply with the requirements of 2 CFR parts 180 and 1200.

2.The inability of a person to provide the certification required below will not necessarily result in denial of participation in this covered transaction. The prospective primary tier participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective primary tier participant to furnish a certification or an explanation shall disqualify such person from participation in this transaction.

3.The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction. If it is later determined that the prospective primary tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default or may pursue suspension or debarment.

4.The prospective primary tier participant shall provide immediate written notice to the department or agency to which this proposal is submitted if at any time the prospective primary tier participant learns its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

5.The terms covered transaction, civil judgment, debarment, suspension, ineligible, participant, person, principal, and voluntarily excluded, as used in this clause, are defined in 2 CFR parts 180 and 1200. You may contact the department or agency to which this proposal is being submitted for assistance in obtaining a copy of those regulations.

6.The prospective primary tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction.

7.The prospective primary tier participant further agrees by submitting this proposal that it will include the clause titled Ineligibility and Voluntary Exclusion Lower Tier Covered provided by the department or agency entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions and will require lower tier participants to comply with 2 CFR parts 180 and 1200.

8.A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any prospective lower tier participants, each participant may, but is not required to, check the System for Award Management Exclusions website ( https://www.sam.gov/) .

9.Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

10. Except for transactions authorized under paragraph 6 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate the transaction for cause or default.

CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS

PRIMARY TIER COVERED TRANSACTIONS
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1.The prospective primary tier participant certifies to the best of its knowledge and belief, that it and its principals:
a.Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency; b. Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; c. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and
d. Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State, or local) terminated for cause or default.

2.Where the prospective primary tier participant is unable to certify to any of the Statements in this certification, such prospective participant shall attach an explanation to this proposal.

INSTRUCTIONS FOR LOWER TIER PARTICIPANT CERTIFICATION

1.By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below and agrees to comply with the requirements of 2 CFR parts 180 and 1200.

2.The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension or debarment.

3.The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

4.The terms covered transaction, civil judgment, debarment, suspension, ineligible, participant, person, principal, and voluntarily excluded, as used in this clause, are defined in 2 CFR parts 180 and 1200. You may contact the person to whom this proposal is submitted for assistance in obtaining a copy of those regulations.

5.The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated.

6.The prospective lower tier participant further agrees by submitting this proposal that it will include the clause titled Ineligibility and Voluntary Exclusion Lower Tier Covered tier covered transactions and in all solicitations for lower tier covered transactions and will require lower tier participants to comply with 2 CFR parts 180 and 1200.

7.A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any prospective lower tier participants, each participant may, but is not required to, check the System for Award Management Exclusions website ( https://www.sam.gov/) .

8.Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

9.Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension or debarment.

CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION

LOWER TIER COVERED TRANSACTIONS

1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency.

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2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal.

BUY AMERICA
(applies to subrecipients as well as States)
The State and each subrecipient will comply with the Buy America requirement (23 U.S.C. 313) when purchasing items using Federal funds. Buy America requires a State, or subrecipient, to purchase with Federal funds only steel, iron and manufactured products produced in the United States, unless the Secretary of Transportation determines that such domestically produced items would be inconsistent with the public interest, that such materials are not reasonably available and of a satisfactory quality, or that inclusion of domestic materials will increase the cost of the overall project contract by more than 25 percent. In order to use Federal funds to purchase foreign produced items, the State must submit a waiver request that provides an adequate basis and justification for approval by the Secretary of Transportation.

CERTIFICATION ON CONFLICT OF INTEREST
(applies to subrecipients as well as States)

GENERAL REQUIREMENTS
No employee, officer, or agent of a State or its subrecipient who is authorized in an official capacity to negotiate, make, accept, or approve, or to take part in negotiating, making, accepting, or approving any subaward, including contracts or subcontracts, in connection with this grant shall have, directly or indirectly, any financial or personal interest in any such subaward. Such a financial or personal interest would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties indicated herein, has a financial or personal interest in or a tangible personal benefit from an entity considered for a subaward. Based on this policy:

1.The recipient shall maintain a written code or standards of conduct that provide for disciplinary actions to be applied for violations of such standards by officers, employees, or agents. a. The code or standards shall provide that the recipient's officers, employees, or agents may neither solicit nor accept gratuities, favors, or anything of monetary value from present or potential subawardees, including contractors or parties to subcontracts.
b. The code or standards shall establish penalties, sanctions, or other disciplinary actions for violations, as permitted by State or local law or regulations.

2.The recipient shall maintain responsibility to enforce the requirements of the written code or standards of conduct.

DISCLOSURE REQUIREMENTS
No State or its subrecipient, including its officers, employees, or agents, shall perform or continue to perform under a grant or cooperative agreement, whose objectivity may be impaired because of any related past, present, or currently planned interest, financial or otherwise, in organizations regulated by NHTSA or in organizations whose interests may be substantially affected by NHTSA activities. Based on this policy:

1.The recipient shall disclose any conflict of interest identified as soon as reasonably possible, making an immediate and full disclosure in writing to NHTSA. The disclosure shall include a description of the action which the recipient has taken or proposes to take to avoid or mitigate such conflict.

2.NHTSA will review the disclosure and may require additional relevant information from the recipient. If a conflict of interest is found to exist, NHTSA may (a) terminate the award, or (b) determine that it is otherwise in the best interest of NHTSA to continue the award and include appropriate provisions to mitigate or avoid such conflict.

3.Conflicts of interest that require disclosure include all past, present, or currently planned organizational, financial, contractual, or other interest(s) with an organization regulated by NHTSA or with an organization whose interests may be substantially affected by NHTSA activities, and which are related to this award. The interest(s) that require disclosure include those of any recipient, affiliate, proposed consultant, proposed subcontractor, and key personnel of any of the above. Past interest shall be limited to within one year of the date of award. Key personnel shall include any person owning more than a 20 percent interest in a recipient, and the officers, employees or agents of a recipient who are responsible for making a decision or taking an action under an award where the decision or action can have an economic or other impact on the interests of a regulated or affected organization.

PROHIBITION ON USING GRANT FUNDS TO CHECK FOR HELMET USAGE (applies to all subrecipients as well as States)
The State and each subrecipient will not use 23 U.S.C. Chapter 4 grant funds for programs to check helmet usage or to create checkpoints that specifically target motorcyclists.

Packet Page 36 of 530Attachment 2 Page 15 of 18

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POLICY ON SEAT BELT USE
In accordance with Executive Order 13043, Increasing Seat Belt Use in the United States, dated April 16, 1997, the Grantee is encouraged to adopt and enforce on-the-job seat belt use policies and programs for its employees when operating company-owned, rented, or personally-owned vehicles. The National Highway Traffic Safety Administration (NHTSA) is responsible for providing leadership and guidance in support of this Presidential initiative. For information and resources on traffic safety programs and policies for employers, please contact the Network of Employers for Traffic Safety (NETS), a public-private partnership dedicated to improving the traffic safety practices of employers and employees. You can download information on seat belt programs, costs of motor vehicle crashes to employers, and other traffic safety initiatives at www.trafficsafety.org . The NHTSA website ( www.nhtsa.gov) also provides information on statistics, campaigns, and program evaluations and references.

POLICY ON BANNING TEXT MESSAGING WHILE DRIVING
In accordance with Executive Order 13513, Federal Leadership On Reducing Text Messaging While Driving, and DOT Order 3902.10, Text Messaging While Driving, States are encouraged to adopt and enforce workplace safety policies to decrease crashes caused by distracted driving, including policies to ban text messaging while driving company- owned or rented vehicles, Government-owned, leased or rented vehicles, or privately-owned vehicles when on official Government business or when performing any work on or behalf of the Government. States are also encouraged to conduct workplace safety initiatives in a manner commensurate with the size of the business, such as establishment of new rules and programs or re-evaluation of existing programs to prohibit text messaging while driving, and education, awareness, and other outreach to employees about the safety risks associated with texting while driving.

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INSTRUCTIONS FOR ADDING OR UPDATING GEMS USERS

1. Each agency is allowed a total of FIVE (5) GEMS Users.

2. GEMS Users listed on this form will be authorized to login to GEMS to complete and submit Quarterly Performance Reports (QPRs) and reimbursement claims.

3. Complete the form if adding, removing or editing a GEMS user(s).

4. The Grant Director must sign this form and return it with the Grant Agreement.

CURRENT GEMS USER(S)

1. Linsey Martinez
Title: Office Specialist Media Contact: No
Phone: (707) 428-7363
Email: [email protected]

2. Ryan McCann
Title: Administrative Technician Media Contact: No
Phone: (707) 428-7318
Email: [email protected]

3. Nicholas McDowell
Title: Lieutenant Media Contact: No
Phone: (707) 428-7645
Email: [email protected]

4. Robert Piro
Title: Police Sergeant Media Contact: Yes
Phone: (707) 428-7425
Email: [email protected]

5. Christopher Turner
Title: Officer Media Contact: Yes
Phone: (707) 249-1181
Email: [email protected]

State of California Office of Traffic Safety
OTS-55 Grant Electronic Management System (GEMS) Access Exhibit C

GRANT NUMBER
PT25159

GRANT DETAILS
Grant Number: PT25159
Agency Name: Fairfield Police Department
Grant Title: Selective Traffic Enforcement Program (STEP) Agreement Total: $250,000.00
Authorizing Official: David Gassaway
Fiscal Official: Ryan McCann
Grant Director: Robert Piro
Packet Page 38 of 530Attachment 2 Page 17 of 18

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Complete the below information if adding, removing or editing a GEMS user(s) GEMS User 1
Add/Change {{[]c11_es_:signer1}} Remove Access {{[] c12_es_:signer1}}

Add as a media contact? Yes {{[]c1_es_:signer1}} No{{[]c2_es_:signer1}} {{UserName1_es_:signer1 }} {{UserTitle1_es_:signer1 }} Name Job Title
{{UserEmail1_es_:signer1 }} {{UserPhone1_es_:signer1 }} Email address Phone number
GEMS User 2
Add/Change {{[]c13_es_:signer1}} Remove Access {{[]c14_es_:signer1}}

Add as a media contact? Yes {{[]c3_es_:signer1}}No {{[]c4_es_:signer1}} {{UserName2_es_:signer1 }} {{UserTitle2_es_:signer1 }} Name Job Title
{{UserEmail2_es_:signer1 }} {{UserPhone2_es_:signer1 }} Email address Phone number
GEMS User 3
Add/Change {{[]c15_es_:signer1}} Remove Access {{[]c16_es_:signer1}}

Add as a media contact? Yes {{[]c5_es_:signer1}}No {{[]c6_es_:signer1}} {{UserName3_es_:signer1 }} {{UserTitle3_es_:signer1 }} Name Job Title
{{UserEmail3_es_:signer1 }} {{UserPhone3_es_:signer1 }} Email address Phone number
GEMS User 4
Add/Change {{[]c17_es_:signer1}} Remove Access {{[]c18_es_:signer1}}

Add as a media contact? Yes {{[]c8_es_:signer1}}No {{[]c7_es_:signer1}} {{UserName4_es_:signer1 }} {{UserTitle4_es_:signer1 }}

Name

Job Title
{{UserEmail4_es_:signer1 }} {{UserPhone4_es_:signer1 }} Email address Phone number
GEMS User 5
Add/Change {{[]c19_es_:signer1}} Remove Access {{[]c20_es_:signer1}}

Add as a media contact? Yes {{[]c9_es_:signer1}}No {{[]c10_es_:signer1}} {{UserName5_es_:signer1 }} {{UserTitle5_es_:signer1 }} Name Job Title
{{UserEmail5_es_:signer1 }} {{UserPhone5_es_:signer1 }}

Email address

Phone number
Form completed by: {{Sig_es_:signer1:signature}} Date: {{Dte1_es_:signer1:date}}

As a signatory I hereby authorize the listed individual(s) to represent and have GEMS user access. {{Sig_es_:signer2:signature}} {{Name1_es_:signer2:fullname }} Signature Name
{{Dte2_es_:signer2:date}} Grant Director
Date Title
Packet Page 39 of 530Attachment 2 Page 18 of 18

Agenda Item No: 4.

AGENDA REPORT
DATE:October 15, 2024
TO:Mayor and City Council
FROM:David Gassaway, City Manager
SUBJECT:Resolution 2024243 of the City Council of the City of Fairfield Accepting the Improvements for the Wiseman Waterline Relocation Project as Complete RECOMMENDED ACTION
Adopt resolution.

STATEMENT OF ISSUE
On February 6, 2024, the City Council adopted Resolution 202422, authorizing the city manager to approve an improvement agreement with Wiseman Commercial, Inc. (Developer) to relocate a city waterline out of a public easement on Assessor’s Parcel Number (APN) 0148280520 and into Wiseman Way (i.e., public rightofway). The Developer has constructed the improvements and is requesting that the council accept the Wiseman Waterline Relocation Project (Project) as complete.

The adoption of the resolution will accept the Project as complete.

DISCUSSION
The Developer received entitlements from the City Planning Commission, per adoption of Resolution PC202312, to construct a 72Unit apartment complex and a 130 square foot commercial space on

2.75 acres at 5000 Wiseman Way. The existing public water line was in conflict with one of the proposed building’s footprints, and the City required the water line be relocated. To achieve the Developer’s desired construction schedule, the Developer and Public Works staff agreed to allow the Developer to assume responsibility of bidding and constructing the waterline improvements. In exchange, the City agreed to reimburse the Developer for the agreed upon construction costs.

Staff has inspected the Project improvements and found them to be completed in accordance with City standards and the requirements of the improvement agreement.

FINANCIAL IMPACT
City staff reviewed and approved the reimbursement request package submitted by the Developer on September 13, 2024. The City has reimbursed the Developer in the amount of $419,223.88, as directed in Section 21 (e) of the Improvement Agreement. The reimbursement for this Project is budgeted in the Water Utility Capital Fund (Fund 462, Project CPW090078).

Packet Page 40 of 530

Agenda Item No: 4.AGENDA REPORTDATE:October 15, 2024 TO:Mayor and City CouncilFROM:David Gassaway, City ManagerSUBJECT:Resolution 2024243 of the City Council of the City of Fairfield Accepting theImprovements for the Wiseman Waterline Relocation Project as CompleteRECOMMENDED ACTIONAdopt resolution.STATEMENT OF ISSUEOn February 6, 2024, the City Council adopted Resolution 202422, authorizing the city manager toapprove an improvement agreement with Wiseman Commercial, Inc. (Developer) to relocate a citywaterline out of a public easement on Assessor’s Parcel Number (APN) 0148280520 and intoWiseman Way (i.e., public rightofway). The Developer has constructed the improvements and isrequesting that the council accept the Wiseman Waterline Relocation Project (Project) as complete.The adoption of the resolution will accept the Project as complete.DISCUSSIONThe Developer received entitlements from the City Planning Commission, per adoption of ResolutionPC202312, to construct a 72Unit apartment complex and a 130 square foot commercial space on2.75 acres at 5000 Wiseman Way. The existing public water line was in conflict with one of theproposed building’s footprints, and the City required the water line be relocated. To achieve theDeveloper’s desired construction schedule, the Developer and Public Works staff agreed to allow theDeveloper to assume responsibility of bidding and constructing the waterline improvements. Inexchange, the City agreed to reimburse the Developer for the agreed upon construction costs.Staff has inspected the Project improvements and found them to be completed in accordance with Citystandards and the requirements of the improvement agreement.FINANCIAL IMPACTCity staff reviewed and approved the reimbursement request package submitted by the Developer onSeptember 13, 2024. The City has reimbursed the Developer in the amount of $419,223.88, as directed in Section 21 (e) of the Improvement Agreement. The reimbursement for this Project is budgeted in the Water Utility Capital Fund (Fund 462, Project CPW090078).

Ongoing maintenance after council acceptance of the Project will be funded through the Water Enterprise Fund (Fund 461).

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 additional information.

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

Description
Proposed Resolution
REVIEWERS:

Reviewer Action Date
Panganiban, Ryan Approved 9/30/2024 8:35 PM
Chaudhary, Savita Approved 9/30/2024 8:36 PM
Beavers, Esther Approved 10/1/2024 10:59 AM
Beavers, Esther Approved 10/1/2024 10:59 AM
Packet Page 41 of 530

CITY OF FAIRFIELD

RESOLUTION NO. 2024-243

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

IMPROVEMENTS FOR THE WISEMAN WATERLINE RELOCATION PROJECT AS COMPLETE

WHEREAS, the City Council adopted Resolution 2024-22, authorizing execution of the Improvement Agreement for the Wiseman Waterline Relocation Project (Project) with Wiseman Commercial, Inc. (Developer) on February 6, 2024; and

WHEREAS, the Developer has completed all the required improvements in accordance with the Improvement Agreement approved by the council; and

WHEREAS, pursuant to Section 21(e) of the Improvement Agreement executed on February 9, 2024, the City agreed to reimburse the Developer $419,233.88.

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

Section 1. The City hereby accepts the Project improvements as complete pursuant to the Improvement Agreement executed on February 9, 2024, between the City and the Developer.

PASSED AND ADOPTED this 15th day of October 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 42 of 530Attachment 1 Page 1 of 1

Agenda Item No: 5.

AGENDA REPORT
DATE:October 15, 2024
TO:Mayor and City Council
FROM:David Gassaway, City Manager
SUBJECT:Resolution 2024244 of the City Council of the City of Fairfield Approving Plans and Specifications and Awarding a Contract to Perennial Construction for the Waterman Pipeline Relocation Project
RECOMMENDED ACTION
Adopt resolution.

STATEMENT OF ISSUE
An existing 12inch diameter water main at the Waterman Water Treatment Plant (Waterman WTP) needs to be relocated in preparation for the future High Lift Pump & Power Upgrade Project (High Lift Project). The current alignment of the pipeline is in conflict with the new emergency generator pad location for the High Lift Project. This resolution approves the plans and specifications for the Waterman Pipeline Relocation Project (Project) and awards a contract to Perennial Construction, Inc. of Redding, California in the amount of $288,384.

DISCUSSION
On September 24, 2024 bids for the High Lift Project were opened with planned construction anticipated to begin in early 2025. Prior to construction of the High Lift project, an existing 12inch water main needs to be relocated to make way for the new emergency generator pad. Staff determined that the completion of the Project in advance of the High Lift Project would result in cost savings because it is likely the City would pay a subcontractor markup. The proposed Project includes relocation of the existing 12inch pipeline, removal and disposal of the existing asbestos cement pipe, and the installation of a new 30inch butterfly valve.

Bids for the 12inch pipeline project were opened on September 10, 2024. Eight bids were received and ranged in price from $288,384 to $578,900. The Engineer’s Estimate is $400,000. The apparent low bidder is Perennial Construction, Inc. of Redding, California in the amount of $288,384. Staff has reviewed the bid submitted by Perennial Construction and found it to be in order.

Agenda Item No: 5.AGENDA REPORTDATE:October 15, 2024 TO:Mayor and City CouncilFROM:David Gassaway, City ManagerSUBJECT:Resolution 2024244 of the City Council of the City of Fairfield Approving Plans andSpecifications and Awarding a Contract to Perennial Construction for the WatermanPipeline Relocation ProjectRECOMMENDED ACTIONAdopt resolution.STATEMENT OF ISSUEAn existing 12inch diameter water main at the Waterman Water Treatment Plant (Waterman WTP)needs to be relocated in preparation for the future High Lift Pump & Power Upgrade Project (High LiftProject). The current alignment of the pipeline is in conflict with the new emergency generator padlocation for the High Lift Project. This resolution approves the plans and specifications for the WatermanPipeline Relocation Project (Project) and awards a contract to Perennial Construction, Inc. of Redding,California in the amount of $288,384.DISCUSSIONOn September 24, 2024 bids for the High Lift Project were opened with planned constructionanticipated to begin in early 2025. Prior to construction of the High Lift project, an existing 12inch watermain needs to be relocated to make way for the new emergency generator pad. Staff determined thatthe completion of the Project in advance of the High Lift Project would result in cost savings because itis likely the City would pay a subcontractor markup. The proposed Project includes relocation of theexisting 12inch pipeline, removal and disposal of the existing asbestos cement pipe, and theinstallation of a new 30inch butterfly valve.Bids for the 12inch pipeline project were opened on September 10, 2024. Eight bids were receivedand ranged in price from $288,384 to $578,900. The Engineer’s Estimate is $400,000. The apparentlow bidder is Perennial Construction, Inc. of Redding, California in the amount of $288,384. Staff hasreviewed the bid submitted by Perennial Construction and found it to be in order.

While the record drawings for the existing pipeline used in the design of the Project show minimal utilities in the area, the contractor is required to pothole prior to beginning construction and may discover unknown conflicting utilities. To allow staff the flexibility to make infield revisions and not delay construction, staff recommends that the contingency authorization for this project be increased from the typical 10% to 20% due to the general potential for utility conflicts with underground infrastructure projects.

FINANCIAL IMPACT
The construction authorization for this Project will be $346,061, which is the total bid amount plus a 20% contingency ($288,384 total base bid + $57,677 contingency). Funding for this Project is captured in Capital Improvement Program through the Capital Water Fund (Fund 462 Project No. CPW090041).

PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
N/A
ALTERNATIVE ACTION
If City Council has any questions, this request may be delayed so that staff can provide a response.

This is not recommended, however, as delaying the award may negatively impact the construction schedule of two immediate subsequent projects, the High Lift Project and the Waterman WTP Solar Field project, and put the City at risk of not meeting the Net Energy Metering (NEM) 2.0 April 2026 deadline.

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

Description
Proposed Resolution
Bid Results
REVIEWERS:

Reviewer Action Date
Panganiban, Ryan Approved 9/30/2024 8:34 PM
Chaudhary, Savita Approved 9/30/2024 8:37 PM
Beavers, Esther Approved 10/1/2024 10:59 AM
Beavers, Esther Approved 10/1/2024 11:00 AM
Packet Page 44 of 530

CITY OF FAIRFIELD

RESOLUTION NO. 2024-244

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAIRFIELD APPROVING PLANS AND

SPECIFICATIONS AND AWARDING A CONTRACT TO PERENNIAL CONSTRUCTION FOR THE

WATERMAN PIPELINE RELOCATION PROJECT

WHEREAS, the Waterman Pipeline Relocation Project (Pipeline Relocation Project) is required to facilitate the Waterman Water Treatment Plant (WTP) High Lift Pump & Power Upgrade Project; and

WHEREAS, the bid opening for the WTP Pipeline Relocation Project took place on September 10, 2024; and

WHEREAS, the apparent low bidder was Perennial Construction, in the amount of $288,384; and

WHEREAS, staff has reviewed the bid documents submitted by Perennial Construction and found them to be in order; and

WHEREAS, staff recommends that the City Council award the contract to Perennial Construction as the lowest responsive and responsible bidder for a total bid price of $288,384.

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

Section 1. The plans and specifications for the Waterman Pipeline Relocation Project are hereby approved.

Section 2. The city manager or designee is hereby authorized to enter into a contract with Perennial Construction for the Waterman Pipeline Relocation Project in the amount of $288,384.

Section 3. The public works director is hereby authorized to execute and administer change orders for an amount not-to-exceed 20% ($57,677) in addition to the above contract amount for a total construction authorization for this project not to exceed $346,061.

Section 4. The city manager or designee is authorized to enter into an escrow agreement for security deposits in lieu of retention for said contract, if necessary.

Section 5. The city manager or designee is hereby authorized to implement the above- mentioned contract.

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RES. NO. 2024-244

Page 2 ends

PASSED AND ADOPTED this 15th day of October 2024, by the following vote:

_________________________________________________
MAYOR
ATTEST:
___________________________

CITY CLERK

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City of Fairfield
Public Works Department

Waterman Water Treatment Plant High Lift Pump and
Power Upgrade Project

NAME OF PROJECT
September 24, 2024, 2:00 p.m.

DATE OF BID

NO. BIDDER AMOUNT
1 C. Overaa & Co. Richmond, CA $5,497,000.00
2 Thompson Builders, Corp Novato, CA $5,527,138.00
3 Mountain Cascade, Inc Livermore, CA $5,747,687.00
4 Auburn Constructors, LLC Sacramento, CA $5,812,300.00 5 Valentine Corporation San Rafael, CA $6,073,369.00
6 Shimmick Construction Company,
Inc Suisun City, CA $8,417,776.00

Engineer’s Estimate $6,665,000.00
Note: This bid summary shows the bids in order as opened but is not a determination of award, responsiveness, or responsibility of bids received. The values computed are values based on staff’s interpretation of the bids, correction of mathematical errors and assumptions made where ambiguous and/or illegible entries are encountered during the review process.

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Agenda Item No: 6.

AGENDA REPORT
DATE:October 15, 2024
TO:Mayor and City Council
FROM:David Gassaway, City Manager
SUBJECT:Resolution 2024245 of the City Council of the City of Fairfield Authorizing the City Manager to Execute a Program Participation Agreement and Other Project/Program Related Documents for Pacific Gas & Electric (PG&E) Government/K12 Program as Administered by Willdan Energy Solutions
RECOMMENDED ACTION
Adopt resolution.

STATEMENT OF ISSUE
Willdan Energy Solutions (Willdan) is the sole implementer for Pacific Gas and Electric Company's (PG&E) Government K12 Energy Efficiency Program (GK 12 Program). Willdan has presented the City with an additional opportunity to utilize the GK 12 Program to upgrade seven natural gaspowered water heaters to electric heat pump water heaters at our two City golf facilities. The estimated project cost is $93,720. All replacement costs will be covered by PG&E incentive funding at no cost to the City and replacement work will be conducted by Willdan’s subcontractor.

DISCUSSION
PG&E created the GK 12 Program to support and incentivize local government, educational, and federal agency efforts to improve the energy efficiency of their buildings while reducing ongoing operational and maintenance costs. The GK 12 Program contributes to PG&E’s efforts to achieve its share of California’s ambitious energy efficiency and greenhouse gas reduction goals through various projects, including replacing energy inefficient equipment with more efficient and sustainable models.

Under a separate Program Participation Agreement executed in June 2024, Willdan and their contractor replaced 14 natural gaspowered water heaters with electric heat pump water heaters across nine City facilities through the GK 12 Program, which totaled $244,108 in free upgrades.

Willdan has presented the City with an additional opportunity to utilize the GK 12 Program to upgrade seven natural gaspowered water heaters to electric heat pump water heaters at the two City golf facilities.

Packet Page 48 of 530

Agenda Item No: 6.AGENDA REPORTDATE:October 15, 2024 TO:Mayor and City CouncilFROM:David Gassaway, City ManagerSUBJECT:Resolution 2024245 of the City Council of the City of Fairfield Authorizing the CityManager to Execute a Program Participation Agreement and Other Project/ProgramRelated Documents for Pacific Gas & Electric (PG&E) Government/K12 Program asAdministered by Willdan Energy SolutionsRECOMMENDED ACTIONAdopt resolution.STATEMENT OF ISSUEWilldan Energy Solutions (Willdan) is the sole implementer for Pacific Gas and Electric Company's(PG&E) Government K12 Energy Efficiency Program (GK 12 Program). Willdan has presented theCity with an additional opportunity to utilize the GK 12 Program to upgrade seven natural gaspoweredwater heaters to electric heat pump water heaters at our two City golf facilities. The estimated projectcost is $93,720. All replacement costs will be covered by PG&E incentive funding at no cost to the Cityand replacement work will be conducted by Willdan’s subcontractor.DISCUSSIONPG&E created the GK 12 Program to support and incentivize local government, educational, andfederal agency efforts to improve the energy efficiency of their buildings while reducing ongoingoperational and maintenance costs. The GK 12 Program contributes to PG&E’s efforts to achieve itsshare of California’s ambitious energy efficiency and greenhouse gas reduction goals through variousprojects, including replacing energy inefficient equipment with more efficient and sustainable models.Under a separate Program Participation Agreement executed in June 2024, Willdan and theircontractor replaced 14 natural gaspowered water heaters with electric heat pump water heatersacross nine City facilities through the GK 12 Program, which totaled $244,108 in free upgrades.Willdan has presented the City with an additional opportunity to utilize the GK 12 Program to upgradeseven natural gaspowered water heaters to electric heat pump water heaters at the two City golf facilities.

Selection Criteria Process:

The California Public Utilities Commission (CPUC) set aside ratepayer funds for government and school electrification and energy efficiency projects. PG&E was awarded funds and developed the GK 12 Program under State rules and regulations. PG&E issued a twostep Request for Proposals from which Willdan was issued the single contract to implement public sector programs designed to serve local government, school districts and federal agencies. Willdan holds the sole contract with PG&E to disburse incentives and rebates for energy efficiency projects, which includes the GK 12 Program. As a local government with an active PG&E electric and/or natural gas account, the City is eligible to receive incentive funding from the GK 12 Program as implemented by Willdan.

FINANCIAL IMPACT
The project is estimated to cost $93,720. No new General Fund allocation is needed or requested to deliver this project. The additional cost will result in a total of $337,828 free upgrades for the City.

PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
N/A
ALTERNATIVE ACTION
The council may delay approval so that staff can address any council concerns. Willdan has advised staff that the GK 12 Program is on a firstcome, firstserved basis. Timely adoption of this resolution and signing of the GK 12 Program Participation Agreement will reserve incentive funding.

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

Description
Proposed Resolution
Program Participation Agreement
REVIEWERS:

Reviewer Action Date
Chaudhary, Savita Approved 9/30/2024 8:37 PM
Beavers, Esther Approved 10/1/2024 11:03 AM
Beavers, Esther Approved 10/1/2024 11:04 AM
Packet Page 49 of 530

CITY OF FAIRFIELD

RESOLUTION NO. 2024-245

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

MANAGER TO EXECUTE A PROGRAM PARTICIPATION AGREEMENT AND OTHER

PROJECT/PROGRAM RELATED DOCUMENTS FOR PACIFIC GAS & ELECTRIC (PG&E) GOVERNMENT/K-12 PROGRAM AS ADMINISTERED BY WILLDAN ENERGY SOLUTIONS

WHEREAS, Willdan Energy Solutions (Willdan) is the sole implementer for the Pacific Gas & Electric’s Government K-12 Energy Efficiency Program (GK 12 Program); and

WHEREAS, under a separate Program Participation Agreement executed in June 2024, Willdan and their contractor replaced 14 natural gas-powered water heaters with electric heat pump water heaters across nine City facilities through the GK12 Program, which totaled $244,108 in free upgrades; and

WHEREAS, Willdan has presented the City with an additional opportunity to utilize the GK 12 Program to upgrade seven natural gas-powered water heaters to electric heat pump water heaters at our two City golf facilities; and

WHEREAS, the estimated project cost is $93,720, and all replacement costs will be covered by PG&E incentive funding at no cost to the City, and replacement work will be conducted by Willdan’s subcontractor; and

WHEREAS, the City wishes to enter into the GK 12 Program participation agreement.

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

Section 1. The city manager is hereby authorized to execute a program participation agreement and other project/program related documents for the PG&E GK 12 Program as administered by Willdan.

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RES. NO 2024-245

Page 2 ends

PASSED AND ADOPTED this 15th day of October 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 51 of 530Attachment 1 Page 2 of 2

September 23, 2024
Marisa Cumpian
City of Fairfield Public Works
1000 Webster Street
Fairfield, CA 94533

Dear Marisa,
Please accept this letter as a commitment offer for the incentive quotes on behalf of PG&E Government/K-12 program as administered by Willdan Energy Solutions.

The table following this cover letter presents the project financials for each site that we assessed. This table also includes the incentive funds that PG&E, through Willdan as Program Administrator, has committed to this project. This letter reserves those funds on a first come first served basis. Please let me know if there is an expected delay in signature approval as funding is limited.

The GK12 program will be managing your work across 5 different projects – to be reported to PG&E on completion. The enclosed Program Participation Agreement governs each of those projects individually.

GK12 is funded by the California Ratepayer and has limited funding for your project to keep it no/low cost. By accepting this project the signing agency (Particpant) acknowledges and agrees to the following:

1. Participant, as applicable, will support navigating the permitting process.

2. Participant will, as applicable, facilitate setting permitting expectations for the GK12 program scopes made part of this Program Particpation Agreement.

3. GK12 has budgeted $500.00 per permit. Should per project permitting costs exceed $500.00, the program reserves the right to (a) cover the cost or (b) pass the cost back to your agency should the total cost of the install exceed our program budget for the work.

4. Participant agrees that changes in permitting requirements and expectations, from permit issuance to permit closure will not occur. Should they occur, Participant agrees to waive or cover any additional permitting costs associated with special inspections or after-the-fact engineering expectations that exceed the budgeted $500.00 noted in item 3 above .

5. Participant understands that clear expecations regarding permitting, as applicable, prior to installation, will mitigate challenges during permit closures.

6. Participant understands that the project scopes are limited to actions that must be taken to install a Heat Pump Water Heater.

7. Participant upstream or downstream plumbing issues may arise due to the temporary shot-off of hot- water. Examples include but are not limited to failing o-ring and gasket failures.

8. The program will in good faith, support the resolution of such issues noted in item 6 and 7 above; additional funding to address upstream and downstream issues not associated with the scope will be considered on a case-by-case basis.

9. The agency has reviewed the scope and understands the recommendations by the GK12 program , potential changes in facility functional use or forecasted changes in occupancy, and that the presented scope is acceptable for current and forecasted use.

Packet Page 52 of 530Attachment 2 Page 1 of 8

10. GK12 will not be responsible for a lack of hot water should the space’s functional use change or should occupancy levels increase after the installation.

11. The Participant, will in good faith, promptly communicate with GK12 staff should any concerns arise to ensure the program can rapidly resolve the stated issue.

Should you agree to move the project forward, our subcontractor will be responsible for the pulling and closing of building permits. A Willdan representative will periodically be onsite to oversee our subcontractor.

If there are any questions, please contact me.

Thank you in advance for participating in the PG&E Government K-12 Program.

Sincerely,

Lou Jacobson
Willdan Energy Solutions

cc: Tom Kouris; Ashleigh Servadio; Andrea Hurst

Packet Page 53 of 530Attachment 2 Page 2 of 8

City of Fairfield Golf Courses
Paradise Valley -
West Side
(Banquet Side)
Paradise Valley-
East Side (Lobby
Side)
Paradise Valley -
Maintenance
Shop
Rancho Solano -
Kitchen Loading
Dock (3 HP
Option)
Rancho Solano -
Maintenance
Shop
Total
Existing Gas WH 40 Gallon 28 Gallon 40 Gallon (2) 85 Gallon 30 Gallon Proposed HPWH 50 Gallon 50 Gallon Tankless (3) 120 Gallon 50 Gallon Base Cost $6,992.00 $6,992.00 $3,500.00 $58,609.20 $6,992.00 $83,085.20 Add On: Electric Run $0.00 $360.00 $0.00 $660.00 $240.00 $1,260.00 Add On: Additional Labor $0.00 $0.00 $600.00 $0.00 $0.00 $600.00 Add On: Manual Lift w/ Dolly $0.00 $0.00 $0.00 $0.00 $500.00 $500.00 Add On: 110V Circuit $0.00 $0.00 $125.00 $0.00 $0.00 $125.00 Add On: Shed $0.00 $0.00 $0.00 $8,000.00 $0.00 $8,000.00 Add On: pedestal $0.00 $150.00 $0.00 $0.00 $0.00 $150.00 Total Cost $6,992.00 $7,502.00 $4,225.00 $67,269.20 $7,732.00 $93,720.20 PG&E Incentive $6,992.00 $7,502.00 $4,225.00 $67,269.20 $7,732.00 $93,720.20 Net Cost $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
COSTS
Packet Page 54 of 530Attachment 2 Page 3 of 8

Site Information
Site or Building Name:Site Contact Phone:Site Contact Email:Site Contact Name:

Site Address (if multiple, provide full list in an attachment):Mailing Address:

Incentive Payment - If Incentives Apply. Payee Must Have W-9 On File With The Program.

Make Incentive Payable To:Payee Type:Notes (Attention To, etc.):

Incentive Mailing Address:State:Zip Code:Telephone:

Thank you for participating in Willdan’s Government and K-12 Schools Program. Follow the 3 steps below to get started.

Step 1: Submit this PPA and pre-installation application to Willdan before commencing installation of energy efficiency measures Step 2: Willdan (“Implementer”) will review the application and issue a Notice to Proceed (NTP) Step 3: After receiving a NTP, proceed with the installation of measures and then submit the post-installation application (includes Project Certification Form, invoices, calculations, photos, cut sheets, and W-9 form) PG&E Account Information
Account Holder Name:Estimated Total Project Cost:Estimated Total Incentive1:Interval Meter? (Y/N):

Electric Service ID#:Gas Service ID#:Estimated Project Completion Date:

Project Estimates
Measures - From Project Feasibility Study
EEM NO.Measure Description
Electricity
Savings (kWh)
Demand
Savings (kW)
Gas
Savings (Therms)
Program representatives have developed detailed calculations for proposed measures using industry standard tools, including building modeling software as required. All measures included as part of this program participation have been screened for cost-effectiveness eligibility through a TRC analysis.
1 See terms & conditions sections 9 & 11: funds are subject to change, first-come, first-served and are not guaranteed.

Program Participation Agreement
Packet Page 55 of 530Attachment 2 Page 4 of 8

Customer agrees to implement its Project at the designated property (Site) in accordance with these Program Participation Agreement (Agreement) terms and conditions (Terms).

1. AUTHORITY. Customer represents and warrants it has the Project Site owner’s permission to implement the Project and comply with these Agreement Terms.

2. ELIGIBILITY. Projects for a custom, deemed, retro-commissioning, or NMEC project must be implemented at a non-residential site that is considered a local government, local educational agency, or federal agency. Services outside of these sectors must be approved in writing by the PG&E Program Manager. The project’s meter must be charged the public purpose fund surcharge, and the Project measures(s) must not have been replaced within the last 5 years and must meet all other eligibility requirements as may be required by PG&E.

3. PROGRAM REGULATORY AND MANUAL RULES. Project implementation is subject to all applicable California Public Utility Commission (CPUC) regulatory mandates and the Program’s rules and policies, which may change without notice. Rules include: all relevant CPUC actions including but not limited to decisions, dispositions and advice letters, GK12’s program implementation plan and, PG&E policies, procedures and Platform Rulebook. Individually and collectively, these are referred to as the Program Manual rules.

4. PROJECT WRITTEN APPROVAL. Projects that require Implementer’s or PG&E prior written approval as required in the Program Manual Rules, require Customer to not remove any existing equipment/systems, pre-order, purchase, or install any measures or equipment for their Project, until receiving such written approval to avoid disqualification.

5. INSTALLER AND MEASURE INSTALLATION. Customer is solely responsible to obtain all qualifying measure equipment required to implement their Project, to select, contract with, and pay (which Customer can assign their qualifying incentive) an appropriately licensed Installer to install and make operational the Project measure(s). PG&E and Implementer: (a) will not supervise, oversee, perform any background checks, or have any control over the Installer performing the Project measure installation; (b) will not acquire or purchase any qualifying measures for the Project or provide any such related equipment or product warranties of any kind; (c) will not solicit installation bids, prepare or evaluate the Project’s design or engineering needs and (d) and will not be responsible for any other Installer or measure fees or costs for the Project. The liability related to these issues is solely between the Installer and the Customer. Customer must contract separately with an Installer to perform as required under this Agreement, any installation or construction for their Project measures approved to be eligible to receive any Program Customer Incentive.

6. MEASURE INSTALLATION LAW COMPLIANCE. All Project measure installations to qualify must comply with federal, state, and local laws, safety requirements and applicable manufacturer and product instructions to be eligible for incentives.

7. MEAUSRE QUALIFICATION. Equipment leased, rebuilt, resale products, received from warranty or insurance, exchanged, or won as a price; new parts installed in existing equipment, are not eligible to be used for project measure qualification. Qualified product must meet GK12’s minimum qualification standards and governing custom or statewide workpaper requirements.

8. PROJECT PERMITS. Customer is responsible to obtain and pay for any required permits to implement their Project when using internal labor or a non-program installer. Customer will support and guide permitting for projects utilizing program implementing parties (contractors).

9. PROJECT OPERATIONAL DUE DATE. Projects must be completed and fully operational no later than one (1) year from the execution of the Program Participation Agreement. Projects that are delayed beyond the one-year threshold must receive a written extension by the GK12 Program Manager.

10. PROJECT OR SITE CHANGES. Any material change during or after the Project implementation or to the Site impacting the Project’s energy saving benefits due to occurrences of non-routine events (i.e., required use of additional heating and cooling loads, modified operating hours), Customer will promptly provide Implementer written description of these circumstances.

11. PROJECT DESIGN AND FEASIBILITY. PG&E may review but has no responsibility or accountability for the Project’s design, construction, installation, or maintenance nor does such review constitute any PG&E guarantee or representation as to the Project’s economic, technical, or operational capability for any of the measures installed.

12. PROJECT SITE ACCESS. Customer agrees to provide or procure for the Implementer, PG&E, the CPUC, and their representatives Project Site access to perform Project administration and/or implementation requirements to include, but not limited to, inspection of pre and post measure installation, calculation and verification of Project baseline and actual performance energy saving measurements, etc.

13. SAFETY. If at any time during the Customer’s participation in the Program and/or implementation of their Project, PG&E or Implementer, in their sole discretion, determines any Site conditions, Project implementation, or Program participation creates or may potentially create an unsafe situation or may adversely impact the reliability to provide electric or gas service to the Site, PG&E or Implementer shall have the right to suspend Customer’s Project implementation until such time as PG&E or Implementer determines, these unsafe conditions are satisfactorily resolved and safety restored.

14. CUSTOMER INCENTIVES. Incentives come from California ratepayers funding and is made available under the Program on a first-come, first-served basis until such funding is depleted or as otherwise directed by the CPUC. Incentives may not exceed Project costs or the energy savings that exceed the actual annual amount of the electricity usage recorded at the Project’s meter.

15. CALCULATION OF THE PROJECT INCENTIVE. Project incentives are paid based on the Project’s completed and actual verified energy savings. Stated Project incentives, energy savings projections and installation costs on the Custom Project application are estimates only and may very when verified. Implementer and PG&E will validate the Project’s baseline energy measurements, verify the actual energy savings, and determine the Project’s incentive payment to align and comply with the Program Manual Rules and these terms.

16. WORKFORCE STANDARDS AND INCENTIVES FOR HVAC AND LIGHTING CONTROL MEASURES. Projects that receive an incentive for non-residential heating, ventilation, and air conditioning (HVAC) measure exceeding $3,000 and/or for lighting control (LC) measure exceeding $2,000, prior to these measures being installed, modified, or maintained, each technician rendering such work is required to provide their applicable qualification documentation and must have for at least one of the following: (a) Completed an accredited HVAC apprenticeship. (b) Is enrolled in an accredited HVAC apprenticeship. (c) Completed at least five years of work experience at the journey level according to the Department of Industrial Relations definition, Title 8, Section 205, of the CA Code of Regulations, passed a practical and written HVAC system installation competency test, and received credentialed training specific to the installation of the technology being installed. (d) Has a C-20 HVAC contractor license issued by the CA Contractors State Licensing Board; and for LC Measures the person doing the work must produce an installer certification from the CA Advanced Lighting Controls Training Program.

17. CUSTOMERS WITH SELF GENERATION CAPABILITIES. Customers with existing co-generation or self-generation system at the Project Site, the Project incentive is limited to the previous 12-month energy usage (kW, kWh and Therms) purchased from or delivered by the utility Packet Page 56 of 530Attachment 2 Page 5 of 8

providing services on the Project’s meter(s).

18. PROJECTS WITH NON-PG&E ENERGY SUPPLY. Non-PG&E supply, i.e., generation or deliveries from another commodity supplier, these Project incentives will be solely determined by PG&E based only on the energy savings reflected on the electric grid or natural gas system.

19. NO DOUBLE DIPPING. Customer represents they have not received within the last five years and will not apply for five years from the date of this Agreement, to acquire any energy saving incentives or rebates offered by PG&E, other California energy saving programs using the Customer’s Project or measures implemented under this Agreement.

20. ENERGY BENEFITS AND INCENTIVE DISQUALIFICATION. Project incentives are provided in consideration of PG&E Ratepayers receiving 100 percent of the completed Project’s life energy savings benefit or 5 years, whichever is less. For Projects that do not satisfy this energy savings benefit, Customer and the Program implementer shall be responsible to refund PG&E the prorated amount paid for such energy savings benefits not realized. This amount due, if any, will be off set against any incentives or payment due or such amount shall be payable within 30 days of notification.

21. PROJECT CERTIFICATIONS. Customers receiving incentives for Projects that involve receiving Incentives for energy efficiency measures must submit a written certification as required in CA Public Utilities Code Section 399.4 b (1) and (2) which states in relevance; “prior to receiving any Project Incentive payment, the recipient of the Incentive must certify the Project is complete and complied with applicable permitting and licensing requirements, any contractor performing the such work was a licensed contractor”. For HVAC Project measures, proof of the HVAC permit closure must also be provided with the required Project Certification.

22. PROJECT COMPLETION DOCUMENTATION. Prior to issuing a Project Incentive payment, all applicable Project documentation required under these Terms and in the Program Manual Rules must be provided by the Customer, i.e., paid invoices, supplier name, address, phone, itemized listing of products, quantity, manufacturer and model number, Project Certifications, HVAC Permit closure evidence, final engineering calculations, schematic drawings, and related documentation as requested by PG&E that substantiates the Project’s energy savings result and compliance with these Terms.

23. TERM AND TERMINATION. This Agreement is effective upon the Customer’s signature and expires upon PG&E receiving the Project’s energy savings benefits as defined in term 20, unless terminated sooner. Customer’s breach of its obligations under these Terms, or upon directive by the CPUC, may result in the Agreement’s termination. Implementer nor PG&E will be liable for any damages or claims arising from such termination. Except as otherwise expressly stated, Customer or Implementer may terminate this Agreement for any reason upon 15 work days with written notice.

24. CPUC RIGHTS. The CPUC is authorized to modify Program requirements at any time. All Customer Data and Project details, results, reports, energy usage data, or other identifiable information, shall be made available to the CPUC upon request.

25. RELEASE OF CUSTOMER DATA. Customer consents to Implementer and PG&E collecting, using, processing, storing, copying, and making the same available to other California Investor Owned Utilities (IOUs) for Statewide programs, the Customer’s personal identifiable information, energy usage data, account number, billing data, documentation, other Project data, collectively (Customer Data), only as required to implement the Customer’s Project and comply with the CPUC administrative and compliance requirements, the Program Manual Rules and these Agreement Terms.

26. NO WARRANTY AND DISCLAIMER. PG&E MAKES NO REPRESENTATION OR WARRANTY, AND ASSUMES NO LIABILITY WITH

RESPECT TO QUALITY, SAFETY PERFORMANCE, OPERATIONAL CAPABILITY, RELIABILITY OR ANY OTHER ASPECT OF ANY DESIGN,

SYSTEM, OR EQUIPMENT INSTALLED RELATED TO THE PROJECT AND EXPRESSLY DISCLAIMS ANY SUCH REPRESENTATION WARRANTY OR LIABILITY, INCLUDING ANY WARRANTIES OF MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSES.

27. CUSTOMER PROJECT DATA OWNERSHIP. Customer’s Project information, including the Customer Data obtained and developed in accordance with this Agreement shall be owned by PG&E and used for PG&E internal business purposes and no further consideration other than Project incentive will be paid. PG&E will not publish any identifiable Customer Data absent the Customer’s written consent.

28. NO OBLIGATION. California consumers are not obligated to purchase any full-fee service or other service not funded by this Program.

Program incentives are funded by California utility ratepayers under the auspices of the CPUC. Los consumidores en California no estan obligados a comprar servicios completes o adicionales que no esten cubiertos bajo este programa. Este programa a esta financiado por los usuarios de servicios publicos en California bajo la jurisdicci6n de la Comisi6n de Servicios Publicos de California (CPUC).

29. MISREPRESENTATION. Project information provided must be accurate and if determined fraudulent or misleading the Project Incentive will be disqualified.

30. LIMITATION OF LIABILITY. PG&E shall not be liable for any costs resulting from the Project’s estimated versus actual energy savings, savings not materialized, cancellation or cost increase(s), fees, claims, or other charges for any reason arising from or related to a Program’s Project implementation. In no event shall Implementer, Customer, or PG&E be eligible for special, incidental, lost profits, or consequential damages because of this Agreement.

31. ADVERTISING AND NAME USAGE. Implementer and Customer agree not to use each other’s name, PG&E’s name, or Customer’s Project Site identifying characteristic in any published materials absent the appropriate written approval.

32. ASSIGNMENT. Customer may not assign their rights or obligations under this Agreement, absent Implementer’s written consent.

33. PROJECT SITE SALE/TRANSFER. Customer will seek the necessary permission to enable assignment of this Agreement if the energy benefits are not fully realized, in the event of a sale of the Project Site or transfer to another Site Owner or Customer.

34. TAX LIABILITY. The receipt of any Project incentive or rebate may result in taxable income. Incentive tax reporting is between the Implementer and the Customer.

35. TOXIC MATERIALS. PG&E and Implementer shall have no responsibility for the discovery, exposure, presence, handling, removal, or disposal of hazardous materials of any kind related to implementing the Project, including without limitation, asbestos, PCBs, or other toxic substances.

36. GOVERNING LAW. This Agreement shall be construed in accordance with the laws of the State of California.

Packet Page 57 of 530Attachment 2 Page 6 of 8

Customer Signature
Customer acknowledges and agrees that Customer is eligible to participate and receive any Program incentives. Customer has reviewed and agrees to be legally bound by the attached Program terms and conditions which includes, but is not limited to, not removing any existing equipment or systems and/or purchasing or installing any Project energy efficiency measures, until Customer receives a written Project Approval.

Customer Representative (print)Signature Date
©2023 Willdan Government and K-12 Program “PG&E” refers to Pacific Gas and Electric Company, a subsidiary of PG&E Corporation. ©2021 Pacific Gas and Electric Company. This energy efficiency program is funded by California utility customers and administered through PG&E under the auspices of the California Public Utilities Commission. The program is implemented and managed by Willdan and their authorized representatives. “PG&E” is a registered trademark of PG&E Corporation. PG&E is not responsible for any other content, names or marks in these program materials.

PPA-C22549-0121
To be completed if measure application type is Accelerated Replacement (AR) Per CPUC Resolution E-5515, all AR Projects require the customer or an authorized representative of the customer to sign the below customer affidavit statement.

I, ,hereby certify that I am authorized to make this declaration as the Customer or as an autho- rized representative of the Customer, .By signing below, I certify the existing equipment being replaced to the best of my knowledge is in working order. I acknowledge misrepresentation of this claim will result in a rejection of all or part my Project’s participation in the Program and may be required to return all or part of the incentive(s) I received according. I understand a misrepresentation may also result in my participation in this Program and/or any California ratepayer future energy savings program participation and projects being disqualified, on probation or suspended.

Customer Affidavit for Accelerated Replacement Projects Packet Page 58 of 530Attachment 2 Page 7 of 8

Willdan Government & K-12 Schools Program
Attachment 1
Multi-Site Attachment:

Site/Building Name Address Site
Contact
Site
Contact
Phone
Site Contact Email

Packet Page 59 of 530Attachment 2 Page 8 of 8

Agenda Item No: 7.

AGENDA REPORT
DATE:October 15, 2024
TO:Mayor and City Council
FROM:David Gassaway, City Manager
SUBJECT:Resolution 2024246 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 Katz & Associates for Utility Rates Outreach Services RECOMMENDED ACTION
Adopt resolution.

STATEMENT OF ISSUE
The proposed professional services agreement will provide for utility rates outreach services supporting public outreach and the Proposition 218 process as it relates to water rates increases in the City of Fairfield.

DISCUSSION
In December 2017, City Council adopted a water rate schedule by Resolution No. 2017270 that implemented an annual series of 4% increases effective from January 2018 through January 2021. The last in the series of 4% increases occurred in January 2021. Historically, the City has had a long standing policy to implement moderate and predictable water rates increases to avoid sudden, unexpected large rate increases, such as in the early 1980s when rates had to be increased more than 100% over two years to make up for years without increases. Large singleyear increases are less desirable and have been avoided since then.

Currently, the Fairfield Municipal Utility (FMU) continues to be in sound financial condition overall and has been able to maintain stable, consistent lowtomoderate increases, which are easier to plan for and distinguishes FMU from other water utilities forced to implement sharp increases to rates.

However, based on the useful life of the City’s current water utility infrastructure, it is expected that the City will begin to face large, annual, and ongoing capital funding needs starting approximately 10 years out and continuing for subsequent decades. Specifically, certain portions of buried pipelines are approaching the end of their useful life and will require replacement. Likewise, FMU must consider the condition of its storage and treatment facilities to ensure adequate capacity in meeting operational and future city growth.

Packet Page 60 of 530

In December 2022, the council adopted Resolution No. 2022323 authorizing staff to develop a comprehensive Public Utility Master Plan (PUMP), formerly the Water Utility Master Plan, and a capital improvement program intended to inform a costofservice analysis and recommendation of a new water rate schedule over the next several years. The water costofservice study will include recommendations for updating the City’s water rate schedule to ensure the City can meet its operations, capital, and debt service obligations, and will be based on a rate that is fair and reasonable. Proposed rates will also be based on the level of investment identified in the newly developed PUMP and will meet all operations and maintenance expenses, debt service and reserve requirements. The costofservice analysis and recommended water rates schedule developed in conjunction with the PUMP will continue the City’s policy of avoiding unexpected large rate increases by appropriately pricing the water rates of the water system. Upon the development of the recommended water rates schedule, the City would proceed with the public engagement process as required by Proposition 218.

The Proposition 218 process is a resource intensive process that has specific legal requirements to meet the State mandate. To support this process, staff sought to engage a marketing and communications firm that is well versed in the Proposition 218 process as it relates to the water industry. Katz & Associates (Katz) specializes in public outreach and communication of complex topics in the water industry. Katz has assisted various utilities throughout the State in their efforts to conduct water rates increase outreach and the Proposition 218 process. Because of Katz’s reputation in the water industry, FMU staff engaged Katz to provide a proposal for utility rates outreach services. Katz provided a comprehensive scope of work to support the City’s upcoming Proposition 218 process.

Staff from FMU and the Marketing and Outreach Division (MOD) coordinated to determine the most advantageous scope and approach to integrate the expertise offered by Katz into MOD’s outreach workstream. Staff anticipates beginning a preProposition 218 education campaign in January 2025.

The Proposition 218 outreach process is intended to begin in Spring 2025.

Staff recommends entering into an agreement with Katz to provide utility rates outreach services.

FINANCIAL IMPACT
The total authorization for this agreement is in an amount nottoexceed $148,290. The cost for this agreement will be paid out of the Water Enterprise Capital Fund (CPW090050, Fund 462, 46260699).

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 Phone number (707) 4287493
[email protected]
COORDINATED WITH
City Manager's Office
ATTACHMENTS:

Description
Packet Page 61 of 530

Agenda Item No: 7.AGENDA REPORTDATE:October 15, 2024 TO:Mayor and City CouncilFROM:David Gassaway, City ManagerSUBJECT:Resolution 2024246 of the City Council of the City of Fairfield Authorizing the CityManager to Execute a Professional Services Agreement Between the City of Fairfieldand Katz & Associates for Utility Rates Outreach ServicesRECOMMENDED ACTIONAdopt resolution.STATEMENT OF ISSUEThe proposed professional services agreement will provide for utility rates outreach services supportingpublic outreach and the Proposition 218 process as it relates to water rates increases in the City ofFairfield.DISCUSSIONIn December 2017, City Council adopted a water rate schedule by Resolution No. 2017270 thatimplemented an annual series of 4% increases effective from January 2018 through January 2021. Thelast in the series of 4% increases occurred in January 2021. Historically, the City has had a longstanding policy to implement moderate and predictable water rates increases to avoid sudden,unexpected large rate increases, such as in the early 1980s when rates had to be increased more than100% over two years to make up for years without increases. Large singleyear increases are lessdesirable and have been avoided since then.Currently, the Fairfield Municipal Utility (FMU) continues to be in sound financial condition overall andhas been able to maintain stable, consistent lowtomoderate increases, which are easier to plan forand distinguishes FMU from other water utilities forced to implement sharp increases to rates.However, based on the useful life of the City’s current water utility infrastructure, it is expected that theCity will begin to face large, annual, and ongoing capital funding needs starting approximately 10 yearsout and continuing for subsequent decades. Specifically, certain portions of buried pipelines areapproaching the end of their useful life and will require replacement. Likewise, FMU must consider thecondition of its storage and treatment facilities to ensure adequate capacity in meeting operational andfuture city growth.In December 2022, the council adopted Resolution No. 2022323 authorizing staff to develop acomprehensive Public Utility Master Plan (PUMP), formerly the Water Utility Master Plan, and a capitalimprovement program intended to inform a costofservice analysis and recommendation of a newwater rate schedule over the next several years. The water costofservice study will includerecommendations for updating the City’s water rate schedule to ensure the City can meet itsoperations, capital, and debt service obligations, and will be based on a rate that is fair andreasonable. Proposed rates will also be based on the level of investment identified in the newlydeveloped PUMP and will meet all operations and maintenance expenses, debt service and reserverequirements. The costofservice analysis and recommended water rates schedule developed inconjunction with the PUMP will continue the City’s policy of avoiding unexpected large rate increases byappropriately pricing the water rates of the water system. Upon the development of the recommendedwater rates schedule, the City would proceed with the public engagement process as required byProposition 218.The Proposition 218 process is a resource intensive process that has specific legal requirements tomeet the State mandate. To support this process, staff sought to engage a marketing andcommunications firm that is well versed in the Proposition 218 process as it relates to the waterindustry. Katz & Associates (Katz) specializes in public outreach and communication of complex topicsin the water industry. Katz has assisted various utilities throughout the State in their efforts to conductwater rates increase outreach and the Proposition 218 process. Because of Katz’s reputation in thewater industry, FMU staff engaged Katz to provide a proposal for utility rates outreach services. Katzprovided a comprehensive scope of work to support the City’s upcoming Proposition 218 process.Staff from FMU and the Marketing and Outreach Division (MOD) coordinated to determine the mostadvantageous scope and approach to integrate the expertise offered by Katz into MOD’s outreachworkstream. Staff anticipates beginning a preProposition 218 education campaign in January 2025.The Proposition 218 outreach process is intended to begin in Spring 2025.Staff recommends entering into an agreement with Katz to provide utility rates outreach services.FINANCIAL IMPACTThe total authorization for this agreement is in an amount nottoexceed $148,290. The cost for thisagreement will be paid out of the Water Enterprise Capital Fund (CPW090050, Fund 462, 46260699).PUBLIC CONTACT/ADVISORY BODY RECOMMENDATIONN/AALTERNATIVE ACTIONThe council may delay approval of the professional services agreement so that staff can address anycouncil concerns.STAFF CONTACTMichael J. Hether, Assistant Public Works DirectorUtilitiesPhone number (707) 428[email protected] WITHCity Manager's Office ATTACHMENTS:

Description
Proposed Resolution
Proposed Agreement
REVIEWERS:

Reviewer Action Date
Hether, Michael Approved 9/30/2024 5:55 PM
Chaudhary, Savita Approved 9/30/2024 8:36 PM
Beavers, Esther Approved 10/1/2024 11:02 AM
Beavers, Esther Approved 10/1/2024 11:03 AM
Packet Page 62 of 530

CITY OF FAIRFIELD

RESOLUTION NO. 2024-246

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 KATZ & ASSOCIATES FOR UTILITY RATES OUTREACH SERVICES

WHEREAS, the City is performing a water rates study in conjunction with the Public Utility Master Plan (PUMP); and

WHEREAS, the City of Fairfield has not implemented a water rate increase since 2021; and

WHEREAS, any adjustments to rates are required to undergo a public Proposition 218 process, as mandated by the State of California; and

WHEREAS, Katz and Associates (Katz) specializes in public outreach and communication of complex topics in the water industry; and

WHEREAS, staff negotiated a scope of work and pricing for outreach services; and

WHEREAS, staff seeks to enter into an agreement with Katz for utility rates outreach services.

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

Section 1. The city manager is hereby authorized and directed to execute on behalf of the City of Fairfield an Agreement between the City and Katz Utility Rates Outreach Services for a total not-to-exceed fee of $148,290.

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

Packet Page 63 of 530Attachment 1 Page 1 of 2

RES. NO. 2024-246

Page 2 ends

PASSED AND ADOPTED this 15th day of October 2024, by the following vote:

_________________________________________________
MAYOR
ATTEST:
___________________________

CITY CLERK

Packet Page 64 of 530Attachment 1 Page 2 of 2

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

CONSULTANT shall submit all billings for said services to the CITY in the manner specified in Exhibit “B.” 3) FACILITIES AND EQUIPMENT. CONSULTANT shall, at its sole cost and expense, furnish all facilities and equipment which may be required for furnishing services pursuant to this Agreement. 4) GENERAL PROVISIONS. The general provisions set forth in Exhibit “C” are part of this Agreement. In the event of any inconsistency between said general provisions and any other terms or conditions of this Agreement, the provisions set forth in Exhibit “C” shall control. 5) INSURANCE REQUIREMENTS. The insurance requirements set forth in Exhibit “D” are part of this Agreement. In the event of any inconsistency between said general provisions and any other terms or conditions of this Agreement, the requirements set forth in Exhibit “D” shall control. 6) BUSINESS LICENSE. The CONSULTANT shall obtain and keep current a business license for work within the City of Fairfield pursuant to Chapter 10B of the Fairfield City Code, with respect to the gross receipts received pursuant to this Agreement. No payments shall be made to any SERVICE PROVIDER until such business license has been obtained, and all fees paid therefore, by the CONSULTANT. Business license applications and information may be obtained from the Community Development Department, Fairfield City Hall, 1000 Webster Street, Fairfield, CA 94533-4883, (707-428- 7509) and online at www.fairfield.ca.gov/biz .

7) EXHIBITS. All exhibits referred to herein are attached hereto and are by this reference incorporated herein.
8) TERM. This agreement shall be in effect through December 31, 2025. 9) GOVERNING LAW AND VENUE. Should either Party to this Agreement bring legal action against the other, the validity, interpretation, and performance of this Contract shall be controlled by and construed under the laws of California, excluding California’s choice of law rules. Venue for any such action relating to this Agreement shall be in the Solano County Superior Court. 10) Where applicable, vehicles with a GVWR greater than 8,500 lbs. and light-duty package delivery vehicles operated in California may be subject to the California Air Resources Board Advanced Clean Fleets regulations. Such vehicles may therefore be subject to requirements to reduce emissions of Packet Page 65 of 530Attachment 2 Page 1 of 22

2 air pollutants. For more information, please visit the CARB Advanced Clean Fleets webpage at https://ww2.arb.ca.gov/our-work/programs/advanced-clean-fleets 11)ENTIRE AGREEMENT. This Agreement, including any other documents incorporated herein by specific reference, represents the entire and integrated agreement between CITY and CONSULTANT.

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

CITY Contact: Michael Hether
E-mail: [email protected]
Address: 1000 Webster Street, Fairfield, CA, 94533
Telephone: 707-428-7493
Notices must be given to CONSULTANT at the following:

CONSULTANT Contact: Emily Otis, Director
E-mail: [email protected]
Address: 591 Camino De La Reina Suite 407 San Diego, CA 92108 Telephone: 510-388-1406
EXECUTED as of the day first above-stated.

City of Fairfield, a municipal corporation
By:__________________________________

CONSULTANT
By:___________________________________
Sara Katz, Founder and CEO
Packet Page 66 of 530Attachment 2 Page 2 of 22

AUGUST 22, 2024

CITY OF FAIRFIELD
Proposal to Provide Utility Rates
Outreach Services

EXHIBIT A
Packet Page 67 of 530Attachment 2 Page 3 of 22

2 COVER LETTER
August 22, 2024
City of Fairfield
1000 Webster St.

Fairfield, CA 94533
Re: Proposal to Provide Utility Rates Outreach Services to City of Fairfield Dear Selection Committee:

Katz & Associates (K&A) is pleased to submit our proposal to the City of Fairfield (City) to provide Utility Rates Outreach Services.

K&A is uniquely qualified to successfully execute this project, bringing years of experience and a depth of knowledge on the entire support process of Proposition 218 requirements, including early education, content development, design of official notices, and communications and outreach strategies to help water and wastewater utilities cultivate an understanding of rate changes in their community.

Our team has helped a diverse roster of water and wastewater utility clients throughout the state, including San Francisco Public Utilities Commission, City of Santa Monica, Central Contra Costa Sanitary District, City of Fresno, City of Santa Barbara and Napa Valley Sanitation District throughout their Proposition 218 processes. We continue to be the go-to, trusted firm that cuts through the clutter of information to translate financial and technical concepts into easy-to-understand messaging and collateral materials for any audience.

We excel at developing concise strategies unique to each client’s needs and stand ready to support strategic communications and public outreach before, during and after the Proposition 218 process. Our firm has a proven track record of conducting successful outreach and education campaigns, including assisting with City Council hearing presentations and executing workshops and public forums to deliver information and provide timely responses to the public, in addition to supporting a legally sound Proposition 218 process. We can help the City with effective earned and social media strategies to shape dialogue and foster understanding for rate changes.

Throughout all our outreach efforts, we understand the critical need for transparency and maintaining open lines of communication with the community.

We look forward to the potential opportunity to work with the City to support your strategic communications and outreach needs related to upcoming rate changes.

This proposal shall remain valid for 180 days from the proposal submittal date.

Sincerely,
Emily P. Otis
Director
Phone: 510-388-1406
Email: [email protected]
Packet Page 68 of 530Attachment 2 Page 4 of 22

3 FIRM OVERVIEW
About K&A
K&A specializes in strategic communication, public involvement and community relations to advance essential projects. Our firm is composed of nationally recognized public outreach experts in water resources, transportation, environmental planning, and land use. Our specialists combine their backgrounds in communications, journalism, sociology, public affairs, political science, public policy and environmental sciences to effectively translate highly technical information into language understandable to a variety of audiences.

The unique advantage K&A offers is a depth and breadth of experience in all things water. We have a superlative track record of building project understanding and fostering public acceptance for public infrastructure, environmental and other potentially controversial issues by designing and implementing effective education, public participation and outreach programs. Whether we are explaining the water cycle, engineering, hydrology or treatment options, we employ a strategic planning effort, founded on research to make sure the information shared with the public is accurate and understandable, while still retaining its technical integrity.

As of September 2023, K&A is proud to be combined as one company with public affairs and communications firm, Southwest Strategies. Combined, our company offers its clients public outreach and community engagement services from more than 90 professionals strategically located throughout the western United States.

SERVICES
Construction Outreach
Communications Planning
Program Management
Community Outreach
Public Participation
Crisis Communications
Media Training
Facilitation
Creative Services
Collateral Development
Online Engagement
Risk Communication
Water Reuse Programs

EIR/EIS
Public Participation
Rates/Cost of Service
Community Planning
Transportation Planning
Stormwater

YEAR FOUNDED
1986

OFFICE LOCATIONS
San Diego
Los Angeles
San Francisco
Fresno
90+
Practitioners
Worked with100+
cities & public agencies
38 years in
business
Packet Page 69 of 530Attachment 2 Page 5 of 22

4 PROJECT UNDERSTANDING & APPROACH
City of Fairfield Rates Outreach Services
Timeline: August 2024-August 2025
Project Understanding
In late 2022, the Fairfield City Council authorized staff to begin efforts on its Public Utility Master Plan (PUMP), the most extensive and comprehensive plan to date for the City, which is intended to identify systemwide improvements over the next two decades. The PUMP will also serve as a planning tool to ensure that the City’s water system can meet future needs while remaining adequately funded. The City anticipates the completion of the PUMP in summer 2024 then the data from the PUMP will be compiled into a financial model by the City’s consultant (Bartels Wells) in order to determine the detailed rate adjustments needed over the next five years to implement these important infrastructure improvements. Once the data analysis has been completed, the financial consultant will develop the proposed rate adjustment percentages, which will be the basis for the Proposition 218 notification and outreach about the rate adjustments for all customers. The schedule calls for a Proposition 218 process in spring 2025 prior to new rates being implemented for all customers on July 1, 2025. The City is interested in robust communication and proactive engagement with customers to raise awareness about this effort and all the services provided by the City’s Public Works, and specifically the Water Division, before, during and after the official Proposition 218 process.

Project Approach
In any proposed rate increase scenario, it is important to establish a community connection and reinforce value between the critical services provided and the costs associated with those services. Public outreach and communication are crucial to raise awareness about the need for projects that safeguard their community’s economy and quality of life. Too often, the rate conversation is focused on facts and figures, and not on the incredible value of reliable water service to public health, the economy and the environment. It is especially important to build relationships with community members and engage them in discussions about reliable, sustainable water supplies and the well-run utility making it possible. Basic maintenance and infrastructure improvements carry a “price” in terms of impacts and cost, and it is important that this work isn’t exclusively happening behind the scenes. The K&A team is highly experienced in helping water utilities tell that story.

Our team understands that each rate and utility circumstance is different, and we take pride in creating unique strategies to fit the needs of an individual utility and the community it serves. To accomplish this, our team will complement the City’s Marketing and Outreach Team by developing effective public relations techniques and compelling materials that meet the City’s objectives. In addition, the K&A team brings its collective training in the International Association of Public Participation (IAP2) approach to recommend the optimal approach that best meets the City’s objectives. The K&A team has reviewed and is able to meet the deadlines discussed for this effort.

Packet Page 70 of 530Attachment 2 Page 6 of 22

5 PROJECT UNDERSTANDING & APPROACH
Scope of Services
The following scope of services outlines K&A’s support of these efforts beginning in August 2024 through August 2025. Our team is committed to helping the City carry this project over the finish line on time and on budget.

Phase 1: Pre- Prop 218 Education & Outreach
(Summer 2024-Spring 2025)

1. KICK OFF MEETING/STRATEGY PLANNING SESSION (VIRTUAL) • To determine pertinent key messages surrounding the upcoming rate changes, identify key projects/ initiatives supported by them and learn more about next steps • Includes development of a meeting agenda and a summary of the discussion • Includes participation of up to three K&A staff

2. COMMUNICATION/OUTREACH WORK PLAN
• Audiences overview
• Media and materials audit
• Plan and conduct key internal stakeholder discussions to inform plan and messaging (up to 4) • Contact list for speakers bureau

3. INFORMATIONAL MATERIAL DEVELOPMENT
• Key messages and talking points to be used for all materials and briefings • Fact sheet
• Graphics that show value of service and system and support key messages • Frequently Asked Questions (FAQs)
• PUMP Website refresh with additional information
• Overview PowerPoint presentation
• Assumes content development for one fact sheet and details for graphics/visuals (up to two) and shared with City graphic designer. Assumes City designer will do design and layout fact sheet and other materials • Assumes all translation services for Spanish and Tagalog for all materials provided by City

4. SUPPORT FOR INTERNAL COMMUNICATIONS EFFORTS
• Rate-focused Study Session with project and technical teams (if needed) • Briefings with Public Works staff/City Manager
• Briefings with City Council members (one-on-one)
Packet Page 71 of 530Attachment 2 Page 7 of 22

6 PROJECT UNDERSTANDING & APPROACH
»Note: some briefings will need to take place post November 2024 election because it is anticipated there will be several new Council members at that time). Briefings with new Council members would include more introductory content than briefings with Council members who are already familiar with Public Works services.
• Includes support for talking points or preparing materials for these briefings, as needed

5. OUTREACH AND STAKEHOLDER ENGAGEMENT
• Conduct research to identify priority groups (Business groups, Chamber, key community groups) and gather from City contact database (if available) to provide an update on the Master Plan and future rate adjustments to set the stage for the Prop 218 process
• Includes developing a contact list of priority community groups for outreach purposes • Includes content for social media with the intent to use as much existing City content as possible

6. REGULAR COORDINATION MEETINGS WITH RATE CONSULTANT AND PUBLIC WORKS TEAM • Includes up to two per month for two team members
Phase 2: Prop 218 Outreach
(Spring 2025)

1. MATERIAL DEVELOPMENT AND UPDATES
• Complete updates to base materials with more detailed rate adjustment information on available (including key messages, fact sheet, FAQ, PowerPoint presentation); translation anticipated in up to two languages other than English
• Develop a detailed script and content development for short Rates Overview video based on the updated fact sheet to describe what rate adjustments are being proposed for use on the website and on social media • Prop 218 Notice Support
»Content development for notice using rate consultant details and key messages »Develop graphics and visuals to illustrate the rate adjustments in dollars »Includes graphic design services for notice
»City will handle all translation needs, mailing list refinement as well as printing and mailing of notice through separate print vendor

2. SPEAKERS BUREAU PLANNING AND IMPLEMENTATION
• Reach out to top 10 community groups to share information or request to present at a future meeting • Support for presentations to be given by City staff, as needed • Includes assistance with material refinement as needed (PowerPoint presentation, FAQ, fact sheet, talking Packet Page 72 of 530Attachment 2 Page 8 of 22

7 PROJECT UNDERSTANDING & APPROACH
points)

3. PLANNING AND IMPLEMENTATION OF A COMMUNITY MEETING/OPEN HOUSE • Planning and hosting a total of three Community Meeting/Open Houses (two in person sessions and one virtual session). The K&A team will work with the City team to identify the locations, create content for the meeting notifications, run-of-show, feedback forms, posterboards for each station. • Assumes some strategic guidance on formatting and layout for the materials from Creative Director. Assumes the City will supply tables, table drapes, staffing of subject matter experts, printing of materials i.e. Fact Sheet etc. and AV equipment (if necessary).
• Assumes some other direct costs (ODCs) related to these meetings to be used as needed • Includes an event logistics plan for the open house, development of an invite and other notifications, a dry run meeting with key team members, tailored materials and a summary of feedback received

4. REGULAR COORDINATION MEETINGS WITH RATE CONSULTANT AND PUBLIC WORKS TEAM • Includes weekly meetings for 12 weeks
Phase 3: Post Prop 218 Outreach
(Summer 2025)

1. AS-NEEDED SUPPORT FOR RATES PUBLIC HEARING
• Logistics
• Materials (PowerPoint presentation, fact sheet, FAQ, talking points) • Media (news release)
• Social media

2. MATERIAL UPDATES
• Website updates about new rates
• Bill insert for month rates will go into effect
• Bill reminder for first month new rates will be paid
• Other wrap up activities
Strategic Counsel/Project Management (throughout all phases) • Includes participation in regular project team meetings by video/phone and internal team meetings to discuss strategy development and deliverables
• Includes contract set up activities and monthly activity summaries describing work performed Packet Page 73 of 530Attachment 2 Page 9 of 22

8 RELEVANT PROJECT EXPERIENCE

TIMEFRAME
2016-2018

REFERENCE
Emily Barnett
Communications and
Intergovernmental
Relations Manager
Central Contra Costa
Sanitary District
(Central San)
5019 Imhoff Place
Martinez, CA 94553
925-229-7310
[email protected]
Prop 218 Notice & Infrastructure
Investment Education Program
Central Contra Costa Sanitary District (Central San)
Central Contra Costa Sanitary District (Central San) completed a Comprehensive Wastewater Master Plan that identified upgrades and replacements of aging infrastructure that will be made over the next 20 years, which would require rate increases and enhanced communication with customers. Central San brought our team in to assist with developing a comprehensive outreach strategy and implementation plan for communicating with customers about infrastructure needs and rate increases. To assist the Central San when communicating about these topics, K&A also planned and facilitated a media training for the communications team.

K&A worked with Central San to create a comprehensive communication plan for the project that included several outreach techniques to educate stakeholders about the program. Our team developed a detailed messaging plan for a variety of topics, including cost of service, rate scenarios and high-priority projects. K&A assisted with strategy and implementation of public outreach workshops for both residents and businesses in key areas of Central San’s service area. Our team also designed a four-page Prop 218 notice outlining the critical infrastructure improvement projects that will be funded by rate increases and why those projects were needed. The notice included specific rate increase data and information about the upcoming rate hearing, per Prop 218 requirements.

CENTRAL SAN
70 YEARS AND BEYOND PROTECTING OUR COMMUNITY AND THE ENVIRONMENT

TWO-YEAR RATE INCREASE CUSTOMER NOTIFICATION
Every day at Central Contra Costa
Sanitary District (Central San), we strive
to fulfill our mission of protecting public
health and the environment in a way that is
both efficient and effective while providing
exceptional service for our customers.

Since 1946, our dedicated and highly trained
staff has been providing safe and reliable
wastewater treatment for residents in central
Contra Costa County. Today, we serve over
481,600 residents and 3,000 businesses. Our
customers count on us for vital services 24 hours
a day, each and every day. Sewer service may not be something you think about often, but whatever goes down your toilets and into the drains travels through our vast sewer collection system to our treatment plant in Martinez. The treatment plant cleans an average of 32 million gallons of wastewater every day, which is safely released into Suisun Bay. Additionally, we produce 1-2 million gallons of recycled water each day for landscape irrigation, industrial use, and our treatment plant processes. We also operate a Household Hazardous Waste Collection Facility and sponsor 13 pharmaceutical collection sites within the communities we serve.

Central San proactively maintains our infrastructure, which has extended the lifespan of many facilities and equipment beyond their expected useful life. Although we have invested heavily over the last 10 years in replacing parts of our large and complex infrastructure, we need additional investments to maintain its reliability. Through an extensive, long-term planning process, Central San has determined what will be needed to keep our system working properly in the future as well as a timeline for accomplishing such projects. All of these developments are driven by four major factors to address, including the following: replacing aging infrastructure, preparing for future growth in our community and associated capacity increases, meeting emerging regulatory requirements and ensuring economic stability and sustainability for our operations.

Our team has identified several key infrastructure projects over the next two years for both the treatment plant and the collection system to ensure they continue to function properly, now and into the future. These projects include over 14 miles of sewer pipe replacement work and upgrades to five critical pump stations within our service area. In addition, major renovations at our treatment plant will include replacement and upgrades of solids handling facilities, odor control equipment, energy generation and security improvements. Please see inside for a map of project locations.

In order to fund these critical improvements and cover operations and maintenance costs to keep our system and facilities working well, we are proposing to increase customer rates by up to 7 percent each year for the next two years (this will mean an increase of approximately 3 dollars per month for a residential customer). Please see inside for further details about this proposal.

As we work hard to complete these necessary upgrades to our collection system and our treatment plant, we remain committed to our customers with these promises:

1. To make fiscally-sound investments to upgrade infrastructure that has exceeded its useful lifespan and ensure operational reliability.

2. To ensure our system and facilities will continue to comply with all environmental and regulatory requirements.

3. To maintain ongoing community outreach and transparency about progress on projects.
5019 Imhoff Place
Martinez, CA 94553

NOTICE OF

PROPOSED RATE

INCREASES AND

PUBLIC HEARING
ON APRIL 20, 2017

1. Our planning efforts have identified large-scale
projects to address aging infrastructure at the
treatment plant and in the collection system.

2. We have identified newer technology/upgrades
to meet emerging regulations and capacity issues.

3. Our extensive pipe replacement program will
maintain and improve service levels.

4. We value our customers and strive to provide
you with exceptional service at responsible rates.

5. We will continue to protect public health
and the environment, building on our 70 years
of experience.

For more information: www.centralsan.org . Printed with soy-based inks on Recycled Paper

WHAT YOU NEED TO KNOW
80 680
680
580 580
24 4
4 Moraga
Orinda
Lafayette
Walnut Creek
Martinez
Concord
Clayton
Pleasant Hill
Alamo
Danville
San Ramon
S u isu n B a y
Diablo
Central San Service Area
Central San Headquarters Building, Treatment Plant & HHW Facility Collection Systems Operations
facility
Wastewater collection &
treatment and household
hazardous waste (HHW) services
provided
HHW services only
Wastewater treatment and HHW services by contract
Your Dollars at Work: A Focus on Critical Infrastructure 2017-2019: Central San will upgrade five of our 19 pump stations, which are critical for conveying wastewater to the treatment plant from areas where the terrain requires it to be pumped over hills, sometimes at a rate as high as 33,000 gallons per minute. The five pump stations set for replacement and renovation are nearly 50 years or older.

They will be upgraded with new-technology equipment
that is more reliable and reduces energy costs, such as sophisticated variable-frequency drives to more efficiently match the power demand to the flow.

Pump Stations
2017-2019: Central San will replace 14 miles
of sewer pipe in Walnut Creek, Lafayette,
Martinez, and Orinda to maintain collection
system reliability.

Collection Systems/ Street Pipe Replacement
2017-2019: Upgrades
at the treatment plant
will include renovations
of the solids handling
facilities and odor control
equipment, improved
energy efficiency,
enhanced security, and
development of innovative
bioenergy projects.

Treatment Plant
• Danville• Diablo• Lafayette
2014-2016: Central San
has performed work and
has ongoing projects in the
following communities:

Past Projects
• Pleasant Hill• San Ramon• Walnut Creek
• Martinez• Moraga• Orinda
Packet Page 74 of 530Attachment 2 Page 10 of 22

9 RELEVANT PROJECT EXPERIENCE

TIMEFRAME
2021

REFERENCE
Stephanie Turnipseed
Pollution Prevention and
Outreach Coordinator
Napa Sanitation District
1515 Soscol Ferry Rd
Napa, CA 94558
707-258-6000
sturnipseed@NapaSan.
com
Rates/Prop 218 Communication
Strategy and Outreach (Napa San)
Napa Sanitation District
In 2021, Napa Sanitation (Napa San) was in the unenviable position of preparing a Prop 218 around highly complex recommended sewer rate changes during the height of the COVID-19 pandemic, when in-person, face-to-face discussions was problematic at the very least. As part of the proposed rate changes, some rates would decrease, others would increase, the Napa San was moving to a winter-month water use basis for charges, waste strength charges would change, and substantial increases would go to commercial businesses – including wineries – which were concurrently impacted by reduced business during COVID. Communication around the complexities would be a challenge, and transparency and accuracy would be key.

Working with NapaSan leadership, K&A launched a strategic planning process focused on:
• key messaging to explain the intricacies of the proposed rates and impacts,
• strategic communications planning to ensure multifaceted communication, including through media relations and translation, to ensure all audiences were reached.
• stakeholder engagement strategies, utilizing the then-new virtual options to maximize participation and understanding,
• preparation of informational materials and graphics to communicate technical information
• spokesperson and presentation preparation to aid in understanding, and
• facilitation of a virtual public hearing
Following the public hearing, the rates were adopted and the effort was capped by a newspaper article titled “Napa Sanitation District approves new sewer rates with little protest.”
Information About Sewer
Rate Changes Beginning in 2021
Napa Sanitation District (NapaSan) is moving forward with a five-year rate modification that will keep rates for single-family homes stable but will increase rates for commercial customers and some residential customers in a stepped approach over several years. The change in rates is essential to continue to provide safe, reliable and resilient wastewater service while ensuring costs are equitably distributed among customer classifications.

Why are Rates Being Modified?
As a not-for-profit agency, NapaSan can only charge for the cost to provide wastewater service and is legally required to ensure those costs are equitably divided among different users. Results from the 2020 Cost of Service Study show that wastewater discharge amounts from residential and other customers have changed and as a result, NapaSan’s wastewater rate formula must also change, impacting different customers in different ways.

Will My Rates Change?
Single-Family Dwellings Duplexes Condos/Townhouses Single-Family Dwelling with Accessory Dwelling Unit (ADU)
1 Apartments
Mobile Home Spaces
Commercial & Industrial Properties (some)
Need More Information or Have Questions?
Due to the COVID-19 pandemic, in-person meetings with customers are not possible. However, NapaSan is offering several ways for customers to learn more about the rate structure changes and ask questions.

NapaSan is hosting two information sessions on the rate changes virtually on Zoom Webinar to safely reach out to customers to share information and answer questions in advance of the public hearing on the rate changes. Both sessions will include an overview presentation on the rate structure changes and Prop. 218 process as well as provide an opportunity for participants to ask questions. (see details and login information below).

A public hearing will be held virtually on March 31, 2021 at 6 p.m. to discuss the proposed rate increase and for NapaSan Board of Directors to take action on the proposed rate changes.

For additional details, see the Notice of Public Hearing or visit www.NapaSan.com/rates .

General Session
for All Customers:

Date: Thursday, Feb. 25, 2021
Time: 6 – 7:30 p.m.

Please use this link to join:
https://us02web.zoom.us/j/83484415633
By Telephone: +1 (669) 900-6833
Webinar ID: 834 8441 5633
Session Focused on
Commercial Customers:

Date: Wednesday, March 10, 2021
Time: 9 – 10:30 a.m.

Please use this link to join:
https://us02web.zoom.us/j/85857829755
By Telephone: +1 (669) 900-6833
Webinar ID: 858 5782 9755
Information Sessions:

In addition, NapaSan is offering customers an opportunity for one-on-one appointments with our team to review your charges and answer questions about specific rate impacts. If you are interested, please call us at (707) 258-6000 to set up an appointment. Our team will gather all the data and information regarding your bill and then schedule a convenient time to discuss the impacts to your specific bill.

NAPA SANITATION DISTRICT
1515 Soscol Ferry Road Napa, California 94558
Phone: 707-258-6000 Fax: 707-258-6048
Email: [email protected] Website: www.napasan.com
Public Hearing Information
What is Changing?
Equivalent Dwelling Unit Calculation:

The Equivalent Dwelling Unit (EDU) represents the typical volume and strength of the wastewater generated by a
single-family residential home. The EDU is used to calculate all bills and is based on average single family residential (SFR) water use, which is down.

Current Proposed
210 gallons per day (gpd) 117 gpd
Residential Rates:

Usage varies based on residential dwelling type (apartments, townhouses, condos, duplexes, mobile homes), so the
percentage of the “EDU” charge will change (see page 2).

Commercial/Industrial 3-Year Water Use Average:

NapaSan will base future billing on a three-year water
use average (compared to only one year), providing more predictability for ratepayers and NapaSan.

Wastewater “Strength” Charges:

The formula for calculating and charging for wastewater strength (Biochemical Oxygen Demand [BOD] and Total
Suspended Solids [TSS]) is changing. Depending on
the type of business and their water usage, this change will have varying impacts on commercial and industrial
customers.

Current Proposed
FLOW – 50% of cost FLOW – 58% of cost
BOD – 25% of cost BOD – 15% of cost
TSS – 25% of cost TSS – 27% of cost Revenue Requirements:

NapaSan projects costs to remain stable. The proposed
rate modification includes an annual three percent revenue increase due to the increased costs required to provide safe, reliable wastewater service.
4 Information About Sewer
Rate Changes Beginning in 2021
Napa Sanitation District (NapaSan) is moving forward with a five-year rate modification that will keep rates for single-family homes stable but will increase rates for commercial customers and some residential customers in a stepped approach over several years. The change in rates is essential to continue to provide safe, reliable and resilient wastewater service while ensuring costs are equitably distributed among customer classifications.

A public hearing will be held virtually on March 31, 2021 at 6 p.m. to discuss the proposed rate increase and for NapaSan Board of Directors to take action on the proposed rate changes.

For additional details, see the Notice of Public Hearing or visit www.NapaSan.com/rates .

General Session
for All Customers:

Date: Thursday, Feb. 25, 2021
Time: 6 – 7:30 p.m.

Please use this link to join:
https://us02web.zoom.us/j/83484415633
By Telephone: +1 (669) 900-6833
Webinar ID: 834 8441 5633
Session Focused on
Commercial Customers:

Date: Wednesday, March 10, 2021
Time: 9 – 10:30 a.m.

Please use this link to join:
https://us02web.zoom.us/j/85857829755
By Telephone: +1 (669) 900-6833
Webinar ID: 858 5782 9755
Information Sessions:

Current Proposed
210 gallons per day (gpd) 117 gpd
Residential Rates:

Usage varies based on residential dwelling type (apartments, townhouses, condos, duplexes, mobile homes), so the
percentage of the “EDU” charge will change (see page 2).

Commercial/Industrial 3-Year Water Use Average:

NapaSan will base future billing on a three-year water
use average (compared to only one year), providing more predictability for ratepayers and NapaSan.

Wastewater “Strength” Charges:

Current Proposed
FLOW – 50% of cost FLOW – 58% of cost
BOD – 25% of cost BOD – 15% of cost
TSS – 25% of cost TSS – 27% of cost Revenue Requirements:

10 RELEVANT PROJECT EXPERIENCE

TIMEFRAME
2021-2024

REFERENCE
Madeline Wood
Water Conservation
Supervisor
City of Santa Barbara,
Public Works
630 Garden St.

Santa Barbara, CA 93101
(805) 897-2672
MWood@Santa
BarbaraCA.gov
City of Santa Barbara Prop 218
City of Santa Barbara Public Works (City)
The water and wastewater systems in Santa Barbara represent some of the largest public infrastructure investments in the City, requiring significant funds to replace aging pipes and facilities – some dating back to the 1890s, and to ensure safe, reliable service around the clock. The K&A team has supported the City of Santa Barbara Water Resources Division for the last two rounds of rates education and outreach surrounding these adjustments, including the Prop 218 effort for both water and wastewater services. Most recently from February to June 2024, our team supported the communication and outreach efforts to customers regarding necessary rate increases for both water and wastewater services to fund infrastructure improvements.

This work was focused on developing detailed key messages and talking points about why these increases were necessary with specific examples of how the rates will be spent on the City’s important infrastructure for use in all briefings, presentations and informational materials. Our team also developed a suite of customer-friendly and visually pleasing materials to explain the need for the rate increases including a supplemental fact sheet to complement the Prop 218 notice to further explain the need for the rate increases. These materials also included articles for the City’s various e-newsletters, social media posts, updated format, content and visuals for the City’s webpage.

Previously our team supported the City’s water rates Prop 218 effort in 2021, and its 2022 wastewater cost-of-service communications program. For both efforts, K&A worked with the technical teams, developing content for the RFP document in adherence with requirements; providing strategic guidance on key message development for supplemental materials; creating graphic images to visually describe the recommended changes; and designing rate explanation brochures, template presentation materials, frequently- asked question documents and template documents for website application.

Foundational to both water and wastewater rate efforts was providing context for the recommended rate changes – the importance of the services provided, the issues of aging infrastructure, the costs of providing service, and ongoing efforts to minimize rate impacts for customers to the extent possible. Both the proposed changes for water and wastewater were adopted, and K&A continues to support the City of Santa Barbara in sustained communication efforts around the whole story of water and wastewater services and their importance in the City of Santa Barbara.

Your Water Service
Drinking water travels through hundreds of miles of pipeline, pump stations, and treatment facilities before it arrives in our taps. This process requires dedicated people and resources working around the clock, without interruption to ensure the system performs optimally. As we have seen in other states and nearby communities, water infrastructure does not take care of itself, and failure to maintain water systems can result in catastrophic events. The City’s proposed water rate increases will support a higher level of capital investment in the water system and ensure that the City continues to provide safe and reliable drinking water to our customers.

The City of Santa Barbara’s water delivery system is vital to our way of life, the health and well-being of our community, and the success of our local economy. Santa Barbara would not exist as it does today without the safe, clean, and reliable delivery of drinking water throughout our community.

We recognize the tremendous difficulties the COVID-19 pandemic has brought on so many, which is why we have taken assertive measures to reduce bill impacts by deferring infrastructure projects and forgoing last year’s planned rate increase. At the same time, our duty and responsibility to deliver safe, high-quality water is of the utmost importance.

For our community to thrive, Santa Barbara’s water system needs investment in its aging infrastructure, including the replacement of water main pipelines and reservoirs to ensure a clean, reliable supply.

Replacing Aging Infrastructure, Planning
for Tomorrow
The Santa Barbara community was not built out steadily over time, but rather experienced a dramatic growth rate in the 1950s and 1960s. The cast iron pipes that were used during this post-World War II period have proven to be of lesser quality and are declining or failing earlier than expected. Approximately 44% (135 miles) of the City’s water main pipelines are made of cast iron. Nationwide, cast iron experiences five times more breaks per mile than all other pipe materials used in our system. Rather than waiting for problems to occur, Santa Barbara City Council set a goal in 1987 to replace three miles of water mains annually. Despite this effort, the City is experiencing an increasing number of water main breaks, leading to costly emergency repairs and service interruptions. In response, City Council recently set a new goal to replace six miles annually.

Water is Essential
City water
Bottled water
Milk
Gasoline
$0.02
$5.15
$3.83
$3.72
The Value of Water
0 10
20 30
40 50
60 Ductile IronCast Iron
1960195019401930192019101900
Water Main Pipelines Installed Per DecadeMiles Per Decadeaverage price per gallon Sources: Numbeo and Investopedia
Water is a vital resource in our
modern life, and still remains
one of the least expensive
goods we consume.

After 1967, all water main pipeline construction focuses on the replacement of cast iron and ductile iron pipeline.

Cost of Service
By law, rates may not exceed the cost of providing service, and must be proportionally allocated to the benefit received by each customer class, such as residential, commercial and irrigation users. A comprehensive study has been conducted by an experienced rate consultant to evaluate the total costs needed to provide safe, reliable water service in accordance with industry standards.

The cost-of-service factors include operations and maintenance, securing water supplies, capital improvements, State and Federal drinking water treatment standards, reserve levels, and debt obligations. Revenue for these service costs are generated solely through the assessment of water rates and fees, not through general tax revenues such as Measure C.

Minimizing Rate Increases
While we must keep pace with important water system
investments, we also understand the difficulties faced
by so many in the last year. We made temporary cuts to
operations and capital projects recognizing the unique
challenges of the pandemic and delayed the planned
rate increase until 2021. We continue to offer customer assistance programs including payment plans, utility tax waivers, leak relief, and rebates.

In 2020, Santa Barbara also entered into a water sales
agreement with the Montecito Water District for the long- term wholesale supply of water made available from the
operation of the Charles E. Meyer Desalination Plant. This agreement helped to offset costs and keep rates lower for Santa Barbara customers. The City has also implemented
a strategy for pursuing grants to reduce the rate burden on customers.

The proper care, maintenance, and
operation of our water distribution
system requires resources to ensure
safe, clean, and reliable drinking water is
available in our community.

Scan this code using
the camera on your phone
to learn more about the
proposed rate change
and webinar registration.

Supply Management Water Distribution Debt Service General Administration Capital InvestmentWater Treatment/Water Quality April 2021
To learn more, join our informational webinar on Thursday, April 29 at 6:00 pm. 17% 17% 15% 24% 9% 18%
Your water bill pays for all the activities needed to deliver clean, safe drinking water to your home or business, 24 hours a day, seven days a week.

Packet Page 76 of 530Attachment 2 Page 12 of 22

11 RELEVANT PROJECT EXPERIENCE

TIMEFRAME
2014-2018

REFERENCE
Deb Chilvers
Conservation Program
Manager (former
Deputy Communications
Director)
San Francisco Public
Utilities Commission
525 Golden Gate Ave
San Francisco, CA 94102
415-518-9252
[email protected]
Infrastructure Investment
Education Program
San Francisco Public Utilities Commission
(SFPUC)
K&A managed the outreach and education campaign with the San Francisco Public Utilities Commission (SFPUC) to help ratepayers understand the value of investing in water and wastewater infrastructure and the need for rate increases for two successful rate processes that were approved by the SFPUC Commission. An on-site team partnered with key staff in developing and communicating key messages about San Francisco’s water and sewer system including the need to invest in this critical infrastructure. The team also planned, conducted and facilitated message training sessions for the entire project team to ensure they were comfortable with the key messages and were prepared with the skills and knowledge to deliver a concise presentation and able to answer tough questions. Because the backbone of public outreach for the rate increase involved nearly 100 presentations to local community groups, K&A also designed a series of practice and individual coaching sessions to help prepare the speakers.

The K&A team also developed a suite of branded, digital and print collateral materials, all of which were a critical part of the successful education and outreach campaign. Some of those materials included developing a frequently asked questions document and coordinating translation in three languages, a PowerPoint presentation and speaking notes for community meetings, content and layout for “Your Dollars at Work” webpage, an internal document with responses to a wide range of timely issues and common questions related to rate increases and several template articles for placement in community newspapers.

These materials influenced the public conversation to emphasize the critical investment in the infrastructure alongside clear and accessible information about the proposed rate increase. Public comments showed that following the presentation, audiences generally understood the need for the upcoming proposed rate increase in order to upgrade the aging infrastructure. Even groups with concerns about the rate increase expressed appreciation about the SFPUC’s proactive approach to outreach.

Mission Critical: Investing in Vital Services
The San Francisco Public Utilities Commission provides San Francisco residents and businesses with water and sewer services. Every day we deliver high-quality water to your tap. We treat sewage and stormwater runoff to protect public health, the environment, and the economic stability of the Bay Area. Our mission is to provide you with safe and reliable water and sewer services 24 hours a day, 7 days a week. These vital services are 100% funded through your monthly water and sewer bill.

The water and sewer systems you depend on are aging and in need of upgrades and repairs.

We need your support to ensure the system continues to serve you and future generations of San Franciscans.

For an estimated monthly increase of $10 for the average single-family home, we can begin critical updates to the City’s wastewater treatment system, complete seismic upgrades to our water system to ensure continuous delivery of high-quality water, and continue to replace aging water and sewer pipes.

Your Water & Sewer Rates
What You Need to Know

1. We are proposing a four-year rate increase to continue investing in our infrastructure to keep delivering services vital to public health, the environment, and the economic stability of the Bay Area.

2. Critical components of the City’s primary wastewater treatment plant were built in the 1950s using 1940s technology.

3. We have sewer and water pipes that date back to the Gold Rush era.

4. There are more than 2,900 miles of water and sewer pipes under the City that serve you. Many are nearing the end of their working life.

5. The transmission system that delivers water to 2.7 million people in the Bay Area crosses three earthquake faults in the Bay Area, more than once.

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12 PRICE PROPOSAL
Cost Proposal
Katz & Associates, Inc.Page 1
Hrs.Cost Hrs.Cost Hrs.Cost Hrs.Cost Hrs.Cost Hrs.Cost Hrs.Cost Hrs.Costs Phase 1 - Pre-Prop 218 Education and Outreach
TASK 1 - Outreach Planning and Coordination
Kick off meeting (Assumes preparation for and hosting one kickoff/strategy planning session (virtual) for up to three K&A staff.- $0 4 $1,080 12 $2,820 0 $0 0 $0 12 $1,920 4 $580 32 $6,400 -$ $6,400 Communications Work Plan (Assumes inclusion of research, an audit of audiences, audit of media and existing materials, and up to four internal stakeholder discussions to inform work plan and messaging. Plan will also include a framework and calendar for a social media campaign including targets, tools to use and specific content), including how to leverage the City's existing videos/photos to demonstrate the value of services and the system ahead of the Prop 218 process.
- $0 6 $1,620 15 $3,525 5 $925 0 $0 25 $4,000 22 $3,190 73 $13,260 $13,260 Support and preparation for up to nine briefings (Assumes two briefings with Public Works staff and City Manager and briefings with Mayor and each City Councilmember (all virtual) as well as support for one rate-focused technical study session with the project team) - $0 10 $2,700 27 $6,345 0 $0 0 $0 8 $1,280 4 $580 49 $10,905 500$ $11,405 - $0 $0 $0 $0 0 $0 $0 $0 $0 $0Subtotal- $0 20 $5,400 54 $12,690 5 $925 0 $0 45 $7,200 30 $4,350 154 $30,565 500$ $31,065 TASK 2 - Informational Material Development
Assumes development of key message platform and talking points for use in material and briefings. Assumes content development for one fact sheet and details for graphics/visuals(up to two) needed shared with City graphic designer. Assumes City designer will do design and layout fact sheet and other materials. Assumes content development of frequently asked questions (FAQ) document as well as content/information to update to PUMP Website.

Assumes development of presentation for use in briefings and stakeholder sessions. Assumes all translation services for Spanish and Tagalog for all materials provided by City. - $0 10 $2,700 34 $7,990 12 $2,220 $0 46 $7,360 10 $1,450 112 $21,720 $21,720 Subtotal - $0 10 $2,700 34 $7,990 12 $2,220 - $0 46 $7,360 10 $1,450 112 $21,720 - $21,720 Phase 2 - Prop 218 Outreach
TASK 1 - Materials Development and Update
Assumes as-needed updates to base materials to include detailed rate adjustment information. K&A will develop a detailed script and content development of brief Rate Adjustment Video for use on website, social media and other digital platforms (Assumes City team will produce the video). Assumes development support for Prop 218 Notice to including:

Content development, graphic design and coordination with mail house vendor for design specifications. Assumes City will manage all translation, printing, mail list development and mailing.
- $0 4 $1,080 64 $15,040 5 $925 30 $5,100 36 $5,760 0 $0 139 $27,905 $27,905 Subtotal - $0 4 $1,080 64 $15,040 5 $925 30 $5,100 36 $5,760 - $0 139 $27,905 - $27,905 Matthew
Project SupportCity of Fairfield Outreach and Education Rates increase 5% in January of each calendar year
PIC/Strategic
Counsel
Principal
in Charge Project Manager
Emily OtisSara Katz
$270.00
Sarah Rossetto
$235.00$335.00 $185.00 $170.00
TOTAL COSTTotal Labor Expenses
$145.00
Assistant PM
$160.00
Creative
Director
Graphic/Video
Support
Packet Page 78 of 530Attachment 2 Page 14 of 22

13 PRICE PROPOSAL
Cost Proposal
Katz & Associates, Inc.Page 1
Hrs.Cost Hrs.Cost Hrs.Cost Hrs.Cost Hrs.Cost Hrs.Cost Hrs.Cost Hrs.Costs Matthew
Project SupportCity of Fairfield Outreach and Education Rates increase 5% in January of each calendar year
PIC/Strategic
Counsel
Principal
in Charge Project Manager
Emily OtisSara Katz
$270.00
Sarah Rossetto
$235.00$335.00 $185.00 $170.00
TOTAL COSTTotal Labor Expenses
$145.00
Assistant PM
$160.00
Creative
Director
Graphic/Video
Support
TASK 2 - Speakers Bureau and Community Meeting/Open House Support Assumes identification and scheduling presentations (up to 10) with the top community groups to share information and solicit feedback on the rate adjustments. Assumes refinement of content for developed presentation and talking points based on update to base materials.

Assumes City staff will present to these groups and no planned in-person support from K&A for this task.
- $0 10 $2,700 26 $6,110 $0 0 $0 40 $6,400 10 $1,450 86 $16,660 $16,660 Assumes planning and hosting a total of three Community Meeting/Open Houses (two in person sessions and one virtual session). The K&A team will work with the City team to identify the locations, create content for the meeting notifications, run-of-show, feedback forms, posterboards for each station. Assumes some strategic guidance on formatting and layout for the materials from Creative Director. Assumes the City will supply tables, table drapes, staffing of subject matter experts, printing of materials i.e. Fact Sheet etc. and AV equipment (if necessary). Assumes some other direct costs (ODCs) related to these meetings to be used as needed.
- $0 12 $3,240 30 $7,050 6 $1,110 0 $0 45 $7,200 36 $5,220 129 $23,820 1,200$ $25,020 Subtotal - $0 22 $5,940 56 $13,160 6 $1,110 - $0 85 $13,600 46 $6,670 215 $40,480 1,200 $41,680 Phase 3 - Post-Prop 218 Support for Public Rate Hearing TASK 1 - As-needed support
Assumes logistics support for public hearing. Assumes updates to Prop 218 materials. Assumes development of media notifications and Social Media notifications. Assumes content creation and updates to relevant web pages, billing inserts. Assumes project completion activities and handoff of any necessary materials.
- $0 4 $1,080 12 $2,820 0 $0 4 $680 12 $1,920 0 $0 32 $6,500 $6,500 Subtotal - $0 4 $1,080 12 $2,820 - $0 4 $680 12 $1,920 - $0 32 $6,500 - $6,500 TASK 2 - Strategic Counsel and Project Management for all Phases Assumes participation in regular project team meetings (virtual and potential some in-person).

Assumes creation of monthly activity summary reports for compliance. Assumes as-needed coordination with rate consultant and Public Works team and as needed in-person check ins. - $0 12 $3,240 40 $9,400 0 $0 0 $0 24 $3,840 12 $1,740 88 $18,220 1,200$ $19,420 Subtotal - $0 12 $3,240 40 $9,400 - $0 - $0 24 $3,840 12 $1,740 88 $18,220 1,200 $19,420 GRAND TOTAL 0 $0 72 $19,440 260 $61,100 28 $5,180 34 $5,780 248 $39,680 98 $14,210 740 $145,390 2,900$ $148,290 Packet Page 79 of 530Attachment 2 Page 15 of 22

SAN FRANCISCO
1390 Market Street
Suite 2056
San Francisco, CA 94102
Packet Page 80 of 530Attachment 2 Page 16 of 22

EXHIBIT “B”

PAYMENT

1) The total contract price for services rendered by CONSULTANT under this Agreement shall not exceed one hundred forty-eight thousand two hundred ninety dollars ($148,290). 2) Payment shall be made to CONSULTANT on a time and materials basis, and CONSULTANT shall submit monthly invoices to the City of Fairfield, Public Works Department: Attention Michel Hether for the same.
3) Any additional meetings or work required beyond that set forth in Exhibit “A” shall be mutually agreed to in writing by the CITY and CONSULTANT, and shall be billed on a time and materials basis to the City of Fairfield, Public Works Department: Attention Michel Hether.

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EXHIBIT “C”

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

CONSULTANT shall have no authority, express or implied, pursuant to this Agreement, to bind CITY to any obligation whatsoever.
5) ASSIGNMENT PROHIBITED. No party to this Agreement may assign any right or obligation pursuant to this Agreement. Any attempted or purported assignment of any right or obligation pursuant to this Agreement shall be void and of no effect.
6) PERSONNEL. CONSULTANT shall assign only competent personnel to perform services pursuant to this Agreement. In the event that CITY, in its sole discretion, at any time during the term of this Agreement, desires the removal of any person or persons assigned by CONSULTANT to perform services pursuant to this Agreement, CONSULTANT shall remove any such person immediately upon receiving notice from CITY of the desire of CITY for the removal of such person or persons. 7) STANDARD OF PERFORMANCE. CONSULTANT shall perform all services required pursuant to this Agreement. Services shall be performed in the manner and according to the standards observed by a competent practitioner of the profession in which CONSULTANT is engaged in the geographical area in which CONSULTANT practices his profession. All products which CONSULTANT delivers to CITY pursuant to this Agreement shall be prepared in a workmanlike manner, and conform to the standards of quality normally observed by a person practicing in CONSULTANT's profession. CITY shall be the sole judge as to whether the product of the CONSULTANT is satisfactory.
8) CANCELLATION OF AGREEMENT. This Agreement may be canceled at any time by the CITY at its discretion upon written notification to CONSULTANT. CONSULTANT is entitled to receive full payment for all services performed and all costs incurred up to and including the date of receipt of written notice Packet Page 82 of 530Attachment 2 Page 18 of 22

to cease work on the project. CONSULTANT shall be entitled to no further compensation for work performed after the date of receipt of written notice to cease work. All completed and incomplete products up to the date of receipt of written notice to cease work shall become the property of CITY. 9) PRODUCTS OF CONSULTING. All products of the CONSULTANT provided under this Agreement shall be the property of the CITY.
10) INDEMNIFY AND HOLD HARMLESS.
a) If AGREEMENT is an agreement for design professional services subject to California Civil Code § 2782.8(a) and CONSULTANT is a design professional, as defined in California Civil Code § 2782.8(c)(2), to the fullest extent permitted by law, CONSULTANT shall indemnify, defend and hold harmless CITY and its elected officials, officers, agents, employees and designated volunteers (collectively “CITY Indemnitees”) from and against any and all claims, losses, liabilities, damages, costs and expenses, including attorney’s fees and costs, to the extent they arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the CONSULTANT. CONSULTANT’s duty to defend shall consist of reimbursement of defense costs incurred by CITY in direct proportion to the CONSULTANT’s proportionate percentage of fault. CONSULTANT’s percentage of fault shall be determined, as applicable, by a court of law, jury or arbitrator. In the event any loss, liability or damage is incurred by way of settlement or resolution without a court, jury or arbitrator having made a determination of the CONSULTANT’s percentage of fault, the parties agree to mediation with a third party neutral to determine the CONSULTANT’s proportionate percentage of fault for purposes of determining the amount of indemnity and defense cost reimbursement owed to the CITY.
b) If AGREEMENT is not an agreement for design professional services subject to California Civil Code § 2782.8(a) or CONSULTANT is not a design professional as defined in California Civil Code § 2782.8(c)(2), to the fullest extent allowed by law, CONSULTANT shall indemnify, defend, and hold harmless the CITY Indemnitees from all claims, suits, or actions of every name, kind and description, brought forth on account of injuries to or death of any person or damage to property arising from or connected with the willful misconduct, negligent acts, errors or omissions, ultra-hazardous activities, activities giving rise to strict liability, or defects in design by CONSULTANT or any person directly or indirectly employed by or acting as agent for CONSULTANT in the performance of this Agreement, including the concurrent or successive passive negligence of the CITY Indemnitees.

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

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

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

Packet Page 83 of 530Attachment 2 Page 19 of 22

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

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

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

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EXHIBIT “D”

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

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

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

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

Packet Page 85 of 530Attachment 2 Page 21 of 22

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

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

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

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

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Agenda Item No: 8.

AGENDA REPORT
DATE:October 15, 2024
TO:Mayor and City Council
FROM:David Gassaway, City Manager
SUBJECT:Resolution 2024247 of the City Council of the City of Fairfield Authorizing the City Manager to Execute a Funding Agreement Between the Solano Transportation Authority and the City of Fairfield for the West Texas Complete Streets Project Safe Routes to School Bicycle and Pedestrian Education Program
RECOMMENDED ACTION
Adopt resolution.

STATEMENT OF ISSUE
In 2021, the City was successful in obtaining $10.9 million in state grant funding through the Active Transportation Program (ATP). The ATP grant allows the City to fund the West Texas Complete Streets Project (Project) in its ultimate configuration for the entire 0.9 mile stretch of West Texas Street between Beck Avenue and Pennsylvania Avenue. A portion of the ATP grant funding was dedicated to help educate and encourage activities that further the goals of ATP. The proposed resolution authorizes the city manager to enter into a funding agreement in the amount of $117,000 for the Solano Transportation Agency (STA) Safe Routes to Schools Program (SR2S) to implement an education component geared to educate students about pedestrian and bicycle safety.

DISCUSSION
In partnership with STA SR2S program, the City of Fairfield submitted a grant application for Cycle 5 of the ATP. The California Transportation Commission (CTC) received a total of 454 grant applications during this cycle and 41 projects were awarded. This Project was the only application in Solano County to be funded.

STA’s SR2S program intends to promote active transportation to and from schools throughout the County. The program aims to boost the number of students and parents walking and biking, improve safety and ability for nonmotorized users, assist regional agencies in achieving greenhouse gas reduction targets, enhance public health, and ensure that disadvantage communities fully benefit from the program. The program is being awarded $117,000 in ATP funds as part of the City of Fairfield successful ATP grant application.

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Agenda Item No: 8.AGENDA REPORTDATE:October 15, 2024 TO:Mayor and City CouncilFROM:David Gassaway, City ManagerSUBJECT:Resolution 2024247 of the City Council of the City of Fairfield Authorizing the CityManager to Execute a Funding Agreement Between the Solano Transportation Authorityand the City of Fairfield for the West Texas Complete Streets Project Safe Routes toSchool Bicycle and Pedestrian Education ProgramRECOMMENDED ACTIONAdopt resolution.STATEMENT OF ISSUEIn 2021, the City was successful in obtaining $10.9 million in state grant funding through the ActiveTransportation Program (ATP). The ATP grant allows the City to fund the West Texas Complete StreetsProject (Project) in its ultimate configuration for the entire 0.9 mile stretch of West Texas Street betweenBeck Avenue and Pennsylvania Avenue. A portion of the ATP grant funding was dedicated to helpeducate and encourage activities that further the goals of ATP. The proposed resolution authorizes thecity manager to enter into a funding agreement in the amount of $117,000 for the Solano TransportationAgency (STA) Safe Routes to Schools Program (SR2S) to implement an education component gearedto educate students about pedestrian and bicycle safety.DISCUSSIONIn partnership with STA SR2S program, the City of Fairfield submitted a grant application for Cycle 5 ofthe ATP. The California Transportation Commission (CTC) received a total of 454 grant applicationsduring this cycle and 41 projects were awarded. This Project was the only application in Solano Countyto be funded. STA’s SR2S program intends to promote active transportation to and from schools throughout theCounty. The program aims to boost the number of students and parents walking and biking, improvesafety and ability for nonmotorized users, assist regional agencies in achieving greenhouse gasreduction targets, enhance public health, and ensure that disadvantage communities fully benefit from the program. The program is being awarded $117,000 in ATP funds as part of the City of Fairfield successful ATP grant application.

STA will collaborate with administrators from E. Ruth Sheldon and Fairview Elementary Schools to implement the Safe Routes to School Bicycle and Pedestrian Education Program funded by the ATP grant. This program will provide bicycle and pedestrian education encouragement, engagement activities and complement the Project infrastructure improvements, helping the public to adopt safer active transportation habits.

FINANCIAL IMPACT
STA will be reimbursed for an amount not to exceed $117,000 in ATP grant funding. Funding is budgeted in the Capital Improvement Program for Streets (Fund 252, Project CPW070110).

PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
The STA Board approved the funding agreement on September 11, 2024.

ALTERNATIVE ACTION
If City Council has any questions, the recommended action may be delayed so that staff can provide the necessary background information.

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

Description
Proposed Resolution
Proposed Funding Agreement
REVIEWERS:

Reviewer Action Date
Chaudhary, Savita Approved 10/3/2024 12:16 PM
Beavers, Esther Approved 10/3/2024 2:52 PM
Beavers, Esther Approved 10/3/2024 2:52 PM
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CITY OF FAIRFIELD

RESOLUTION NO. 2024-247

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

MANAGER TO EXECUTE A FUNDING AGREEMENT BETWEEN THE SOLANO TRANSPORTATION

AUTHORITY AND THE CITY OF FAIRFIELD FOR THE WEST TEXAS COMPLETE STREETS PROJECT

SAFE ROUTES TO SCHOOL BICYCLE AND PEDESTRIAN EDUCATION PROGRAM

WHEREAS, the City was successful in obtaining $10,903,000 in Active Transportation Program (ATP) Cycle 5 grant funding; and

WHEREAS, ATP was created to encourage increased use of active modes of transportation, such as walking and biking; and

WHEREAS, the Solano Transportation Authority (STA) partnered with City of Fairfield in submitting the ATP grant application; and

WHEREAS, STA Safe Routes to School (SR2S) Program will receive $117,000 in ATP non- infrastructure funding for School Bicycle and Pedestrian Education Program; and

WHEREAS, STA is required to enter into a funding agreement with the City to receive ATP funds .

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

Section 1. The city manager is hereby authorized to execute the Funding Agreement between the Solano Transportation Authority and the City of Fairfield for the West Texas Complete Streets Project Safe Routes to School Bicycle and Pedestrian Education Program, which is in a form approved by the city attorney.

Section 2. The public works director or designee is hereby authorized to do all things necessary to implement the above-mentioned agreement.

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PASSED AND ADOPTED this 15th day of October 2024, by the following vote:

_________________________________________________
MAYOR
ATTEST:
___________________________

CITY CLERK

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STA-CoFF_ATP SR2S Bicycle and Pedestrian Education Program 09-2024

FUNDING AGREEMENT

BETWEEN

SOLANO TRANSPORTATION AUTHORITY
AND

CITY OF FAIRFIELD
FOR

THE SAFE ROUTES TO SCHOOL BICYCLE AND

PEDESTRIAN EDUCATION PROGRAM

This Funding Agreement ("Agreement") is made _____________________between the Solano Transportation Authority, a joint powers authority organized under Government Code section 6500 et seq. consisting of the County of Solano and the Cities of Benicia, Dixon, Fairfield, Rio Vista, Suisun City, Vacaville and Vallejo (“STA”), and the City of Fairfield ("City"), a municipal corporation, each individually referred to as a “Party” and collectively as the “Parties”.

RECITALS

WHEREAS, STA was created in 1990 through a Joint Powers Agreement between the County of Solano and the Cities of Benicia, Dixon, Fairfield, Rio Vista, Suisun City, Vacaville, and Vallejo to serve as the Congestion Management Agency (CMA) and County Transportation Authority (CTA) for the County of Solano pursuant to the Joint Powers Agreement (JPA) dated September 1995; and

WHEREAS, STA, as the CMA and the and CTA for Solano County, partners with various federal, state, regional, and local transportation and planning agencies, such as the Metropolitan Transportation Commission (MTC) and Caltrans District 4, and local government, to set countywide transportation priorities and to coordinate the delivery of transportation projects in furtherance of the identified transportation priorities; and

WHEREAS, the Active Transportation Program (ATP) consolidates multiple state and federal funding programs into one program and aims to fund projects that increase biking and walking trips; and

WHEREAS, City, in partnership with STA’s Safe Routes to School (SR2S) Program, applied and was awarded ATP funds for the SR2S non-infrastructure projects at E. Ruth Sheldon Academy of Innovative Learning and Fairview Elementary School; and WHEREAS, STA received Board approval on September 11, 2024 to enter into a funding agreement with City; and

WHEREAS, STA desires to enter into this Agreement with City to define the respective roles and responsibilities of the Parties.

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AGREEMENT

NOW THEREFORE, in consideration of the mutual promises set forth in this Agreement, the Parties agree as follows:

A. Project and Funding Identification:

1. STA shall perform those services as set forth in the STA staff report dated September 11, 2024, approved by the STA Board on September 11, 2024, and the attached ATP Non-Infrastructure Project Work Plan, all of which are attached and incorporated by this reference as Exhibit A.

2. The maximum funding amount allocated for these activities is $117,000.

B. STA Agrees:

1. To cooperate with City and do all such things, provide all such documentation, and take all such actions as shall be reasonably required by City, to facilitate City’s and STA’s compliance with the ATP grant to complete all project work.

2. To submit invoices to City at least on a quarterly basis.

C. City Agrees:

1. To allocate $117,000 to STA to implement the Safe Routes to School Bicycle and Pedestrian Education Program funded by the ATP grant, as identified in Exhibit A.

2. Upon submission of an invoice by STA, and upon approval of City’s representative, to pay STA monthly in arrears for fees and expenses incurred the prior month, up to the maximum amount provided for in this Agreement.

D. Mutual Responsibilities:

1. Term: This Agreement shall remain in effect from the date of execution through the completion of the reimbursement to the STA, unless it is terminated earlier as provided below.

2. Termination: STA’s obligation under this Agreement is subject to the availability of authorized funds. STA may terminate the Agreement, or any part of the work, without prejudice for lack of appropriation of funds. If expected or actual funding is withdrawn, reduced, or limited in any way prior to the expiration date set forth in this Agreement, or any subsequent Amendment, the STA may, upon written Notice to City, terminate this Agreement in whole or in part. STA shall provide written notice of termination, pursuant to this clause, to City at least sixty (60) days prior to the effective date of termination.

3. Indemnity: Each party shall indemnify, defend, protect, hold harmless, and release the other, their elected bodies, officers, agents, and employees from and against any and all claims, losses, Packet Page 92 of 530Attachment 2 Page 2 of 7

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proceedings, damages, causes of actions, liability, costs, or expense (including attorneys’ fees and witness costs) arising from or in connection with, or caused by any negligent act or omission or willful misconduct of such indemnifying party. This indemnification obligation shall not be limited in any way by any limitation on the amount or type of damages or compensation payable to or for the indemnifying party under workers’ compensation acts, disability benefit acts, or other employee benefit acts.

4. Insurance:
a. City will maintain status as legally self-insured public entities for general, auto and professional liability insurance coverage with limits of no less than $1,000,000 per occurrence and no less than five million dollars ($5,000,000) aggregate. City agrees to include STA, its officials, employees and agents as an additional insureds and endorse its general liability policies to STA, using standard ISO endorsement No. CG2010 or its equivalent to demonstrate such coverage.

b. Each Party will maintain Workers’ Compensation as required by law for all its employees. Neither Party’s insurance shall be called upon to satisfy any claim for workers’ compensation filed by an employee of the other Party. Each Party will provide the other with a Waiver of Subrogation endorsement for Workers Compensation. Each Party also agrees to require all consultants, contractors and subcontractors engaged to work on this Project to carry the same Workers Compensation insurance limits and endorsements.

5. Notice: All notices and other communications required or permitted to be given under this Sub- Agreement shall be in writing and shall be personally served or mailed, postage prepaid and addressed to the respective parties as follows:

TO STA:

Daryl K. Halls, Executive Director
Solano Transportation Authority
423 Main Street
Suisun City, CA 94585
Attn: Amy Antunano, Program Manager

TO CITY OF FAIRFIELD:

David Gassaway, City Manager
1000 Webster Street, 3rd Floor
Fairfield, CA 94533
Attn: David Wong, Senior Civil Engineer

Notice shall be deemed effective on the date personally delivered or, if mailed, three (3) days following the date of deposit with the United States Postal Service.

6. Assignability: Neither Party to this Agreement shall assign or transfer any interest in this Agreement nor the performance of any duties or obligations hereunder, without the prior written Packet Page 93 of 530Attachment 2 Page 3 of 7

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consent of the other Party, and any attempt by either Party to so assign or transfer this Agreement or any rights, duties or obligations arising hereunder shall be void and of no effect.

7. Governing Law: The Parties agree that the law governing this Agreement shall be that of the State of California.

8. Venue: In the event that suit shall be brought by either Party, the parties agree that venue shall be exclusively vested in the state courts of the County of Solano, or where otherwise appropriate, exclusively in the United States District Court, Eastern District of California, Sacramento, California.

9. Compliance with all Laws: The Parties shall observe and comply with all necessary federal, state, and local laws, ordinances, and codes.

10. Interpretation: Each Party has reviewed this Agreement and any question of doubtful interpretation shall not be resolved by any rule or interpretation providing for interpretation against the drafting Party. This Agreement shall be construed as if both parties drafted it. The captions and headings contained herein are for convenience only and shall not affect the meaning or interpretation of this Agreement.

11. Force Majeure: Neither the STA nor City shall be liable or deemed to be in default for any delay or failure in performance under this Agreement or for any interruption of services, directly or indirectly, from acts of god, civil or military authority, acts of public enemy, war, strikes, labor disputes, shortages of suitable parts, materials, labor or transportation, or any similar cause beyond the reasonable control of the STA or City.

12. Controlling Provisions: In the event of a conflict between the provisions of this Agreement and those of the ATP Grant Agreement, the terms and conditions of this Agreement shall be controlling as to the Parties to this Agreement.

13. Access to Records and Retention: All Parties, acting through their duly authorized representative, as well as any federal or state grantor agency providing all or part of the funding associated with this Agreement, the State Controller, the Comptroller General of the United States, and the duly authorized representatives of any of the Parties, shall have access to any books, documents, papers and records of any Party which are directly pertinent to the subject matter of this Agreement for the purpose of making audit, examination, excerpts and transcriptions. Except where longer retention is required by any federal or state law, the Parties shall maintain all required records for three years after final payment for any work associated with this Agreement, or after all pending matters are closed, whichever is later.

14. Prior Agreements and Amendments: This Agreement, including exhibits, represent the entire agreement of the Parties with respect to the subject matter described in this Agreement, and no representation, warranties, inducements or oral agreements have been made by any of the Parties except as expressly set forth in this Agreement. This Agreement may only be modified by a written amendment duly executed by the Parties.

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15. Execution in Counterparts; Signatures by Facsimile or PDF; Electronic Signatures. This Agreement may be executed in duplicate originals, each of which is deemed an original, but when taken together shall constitute one instrument. Facsimile copies or copies delivered via e-mail as a portable document format (pdf) file shall be deemed original copies.

As permitted under the U.S. Electronic Signatures in Global and National Commerce (ESIGN) Act of 2000, and the Uniform Electronic Transactions Act (UETA), the Parties hereby agree to conduct this transaction by electronic means. This Contract may be executed through an electronic signature and may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. The Parties agree that the electronic signatures appearing on this Agreement are intended by each Party using it to have the same force and effect as the use of a manual signature for the purposes of validity, enforceability, and admissibility.

The parties have executed this Agreement on the day and year first written above.

SOLANO TRANSPORTATION AUTHORITY CITY OF FAIRFIELD
By: ________________________________
Daryl K. Halls, Executive Director
By: ________________________________
David Gassaway, City Manager
Approved as to Form: Approved as to Form:

By: ________________________________
Megan J. Callaway, STA Legal Counsel

By: ________________________________
City Attorney

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Exhibit A
STA Staff Report and Project Work Plan

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Agenda Item No: 9.

AGENDA REPORT
DATE:October 15, 2024
TO:Mayor and City Council
FROM:David Gassaway, City Manager
SUBJECT:Resolution 2024248 of the City Council of the City of Fairfield Authorizing the Purchase of Replacement Campus Citywide Storage Array from Berkeley Communications Corp.

RECOMMENDED ACTION
Adopt resolution.

STATEMENT OF ISSUE
The attached resolution authorizes the purchase to replace the City’s existing campus citywide storage array, which is approaching the manufacturer’s endoflife. This purchase includes significant upgrades to the equipment, plus five years support and maintenance.

DISCUSSION
The City of Fairfield utilizes storage arrays to store data necessary for city use. The current campus storage array is used for virtual servers, shared network drives, data backup and other nonpublic safety storage. It is approaching the end of life and requires replacement to stay in compliance with the vendor’s supported hardware configuration. Additionally, new innovations in storage technology will allow the City to take advantage of multiple benefits, including:
faster storage
reduced datacenter footprint
decreased power consumption
increased storage capacity with improved scalability for growth The proposed purchase includes five years of hardware support and maintenance. Berkeley Communications Corp has deeply discounted the storage cost below the National Association of State Procurement Officials (NASPO) and California Multiple Award Schedules contracts and has been a trusted storage reseller to the City for over 20 years.

FINANCIAL IMPACT
The cost of the proposed campus storage array replacement is $258,122.42 plus $14,586.67 for estimated taxes and shipping and a $15,000 contingency to handle pricing variances, for a notto exceed amount of $287,709.09 This purchase includes five years of hardware support and Packet Page 98 of 530

Agenda Item No: 9.AGENDA REPORTDATE:October 15, 2024 TO:Mayor and City CouncilFROM:David Gassaway, City ManagerSUBJECT:Resolution 2024248 of the City Council of the City of Fairfield Authorizing the Purchaseof Replacement Campus Citywide Storage Array from Berkeley Communications Corp.RECOMMENDED ACTIONAdopt resolution.STATEMENT OF ISSUEThe attached resolution authorizes the purchase to replace the City’s existing campus citywide storagearray, which is approaching the manufacturer’s endoflife. This purchase includes significant upgradesto the equipment, plus five years support and maintenance.DISCUSSIONThe City of Fairfield utilizes storage arrays to store data necessary for city use. The current campusstorage array is used for virtual servers, shared network drives, data backup and other nonpublic safetystorage. It is approaching the end of life and requires replacement to stay in compliance with thevendor’s supported hardware configuration. Additionally, new innovations in storage technology willallow the City to take advantage of multiple benefits, including: faster storagereduced datacenter footprintdecreased power consumptionincreased storage capacity with improved scalability for growthThe proposed purchase includes five years of hardware support and maintenance. BerkeleyCommunications Corp has deeply discounted the storage cost below the National Association of StateProcurement Officials (NASPO) and California Multiple Award Schedules contracts and has been atrusted storage reseller to the City for over 20 years.FINANCIAL IMPACTThe cost of the proposed campus storage array replacement is $258,122.42 plus $14,586.67 for estimated taxes and shipping and a $15,000 contingency to handle pricing variances, for a notto exceed amount of $287,709.09 This purchase includes five years of hardware support and maintenance from NASPO approved vendor Berkeley Communications Corp. It is anticipated that renewal of ongoing hardware and software support will be needed for up to two additional oneyear terms, subject to budget appropriation. There are sufficient funds budgeted in the Computer Fund (Fund 522, Project string OITSTOREOP).

PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
N/A
ALTERNATIVE ACTION
City Council may choose not to authorize the replacement of the campus citywide storage array. The City would no longer receive support from the vendor for its existing hardware investment, resulting in the increased likelihood of system failures due to hardware endoflife.

STAFF CONTACT
Eudora Fleischman, Information Technology Manager
(707) 4287527
[email protected]
COORDINATED WITH
N/A
ATTACHMENTS:

Description
Proposed Resolution
Proposed Quote
REVIEWERS:

Reviewer Action Date
Chaudhary, Savita Approved 9/30/2024 3:06 PM
Beavers, Esther Approved 9/30/2024 4:47 PM
Beavers, Esther Approved 9/30/2024 4:47 PM
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CITY OF FAIRFIELD

RESOLUTION NO. 2024-248

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

OF THE REPLACEMENT CAMPUS CITYWIDE STORAGE ARRAY FROM BERKELEY COMMUNICATIONS CORP.

WHEREAS, the City utilizes storage arrays to store data, and the hardware components of the existing campus storage array are approaching the manufacturer’s end of life; and

WHEREAS, the City has standardized the storage arrays and must stay in compliance with the vendor’s supported hardware components; and

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

WHEREAS, the City Information Technology Infrastructure and Security Division proposes to replace the storage array hardware and support for five years from Berkeley Communications from the Computer Fund to cover the purchase cost, taxes, and shipping not to exceed $287,710 ($272,710 agreement + $15,000 contingency).

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

Section 1. The City Council authorizes the purchase of storage hardware, related equipment, taxes, and shipping from Berkeley Communications not to exceed $287,710 ($272,710 agreement + $15,000 contingency), which includes the replacement hardware plus five years of support and maintenance, with authorization to renew ongoing hardware and software support for up to two additional one-year terms, subject to budget appropriation.

Section 2. The council hereby authorizes the city manager or designee to execute the agreement and take all steps necessary to implement this resolution.

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Fairfield City CouncilOctober 15, 2024

Fairfield City Council
October 15, 2024