Fairfield City Council
December 17, 2024

HCV Administrative Plan

Administrative Plan-HCV Program 17-49 Revised 10/31/2024 PART VIII: DETERMINING RENT TO OWNER
17-VIII.A. OVERVIEW
The amount of the initial rent to an owner of units receiving PBV assistance is established at the beginning of the HAP contract term. Although for rehabilitated or newly constructed housing, the agreement to enter into HAP Contract (Agreement) states the estimated amount of the initial rent to owner, the actual amount of the initial rent to owner is established at the beginning of the HAP contract term.

During the tem of the HAP contract, the rent to owner is redetermined at the owner’s request in accordance with program requirements, and at such time that there is a ten percent or greater decrease in the published FMR.
17-VIII.B. RENT LIMITS [24 CFR 983.301]
Except for certain tax credit units (discussed below), the rent to owner must not exceed the lowest of the following amounts:
• An amount determined by the PHA, not to exceed 110 percent of the applicable fair market rent (or any HUD-approved exception payment standard) for the unit bedroom size minus any utility allowance;
• The reasonable rent; or
• The rent requested by the owner.

Certain Tax Credit Units [24 CFR 983.301(c)]
For certain tax credit units, the rent limits are determined differently than for other PBV units. Different limits apply to contract units that meet all of the following criteria:
• The contract unit receives a low-income housing tax credit under the Internal Revenue Code of 1986; • The contract unit is not located in a qualified census tract; • There are comparable tax credit units of the same bedroom size as the contract unit in the same project, and the comparable tax credit units do not have any form of rental assistance other than the tax credit; and
• The tax credit rent exceeds 110 percent of the fair market rent or any approved exception payment standard;
For contract units that meet all of these criteria, the rent to owner must not exceed the lowest of:
• The tax credit rent minus any utility allowance;
• The reasonable rent; or
• The rent requested by the owner.

HCV Administrative Plan

Administrative Plan-HCV Program 17-50 Revised 10/31/2024 Definitions
A qualified census tract is any census tract (or equivalent geographic area defined by the Bureau of the Census) in which at least 50 percent of households have an income of less than 60 percent of Area Median Gross Income (AMGI), or where the poverty rate is at least 25 percent and where the census tract is designated as a qualified census tract by HUD.

Tax credit rent is the rent charged for comparable units of the same bedroom size in the project that also receive the low-income housing tax credit but do not have any additional rental assistance (e.g., tenant- based voucher assistance).

Reasonable Rent [24 CFR 983.301(e) and 983.302(c)(2)]
The PHA must determine reasonable rent in accordable with 24 CFR 983.303. The rent to owner for each contract unit may at no time exceed the reasonable rent, except in cases where the PHA has elected within the HAP contract not to reduce rents below the initial rent to owner and, upon redetermination of the rent to owner, the reasonable rent would result in a rent below the initial rent. However, the rent to owner must be reduced in the following cases:
• To correct errors in calculations in accordable with HUD requirements • If additional housing assistance has been combined with PBV assistance after the execution of the initial HAP contract and a rent decrease is required pursuant to 24 CFR 983.55 • If a decrease in rent to owner is required based on changes in the allocation of the responsibility for utilities between owner and tenant
If the PHA has not elected within the HAP contract to establish the initial rent to owner as the rent floor, the rent to owner shall not at any time exceed the reasonable rent.

PHA Policy
The PHA will elect within the HAP contract not to reduce rents below the initial level, with the exception of circumstances listed in 24 CFR 983.302(c)(2). If, upon redetermination of the rent to owner, the reasonable rent would result in a rent below the initial rent, the PHA will use the higher initial rent to owner amount.

HCV Administrative Plan

Administrative Plan-HCV Program 17-51 Revised 10/31/2024 Use of FMRs, Exception Payment Standards, and Utility Allowances [24 CFR 983.301(f)] When determining the initial rent to owner, the PHA must use the most recently published FMR in effect and the utility allowance schedule in effect at execution of the HAP contract. When redetermining the rent to owner, the PHA must use the most recently published FMR and the utility allowance schedule in effect at the time of redetermination. At its discretion, the PHA may for initial rent, use the amounts in effect at any time during the 30-day period immediately before the beginning date of the HAP contract, or for redeterminations of rent, the 30-day period immediately before the redetermination date.

Any HUD-approved exception payment standard amount under the tenant-based voucher program also applies to the project-based voucher program. HUD will not approve a different exception payment stand amount for use in the PBV program.

Likewise, the PHA may not establish or apply different utility allowance amounts for the PBV program.

The same utility allowance schedule applies to both the tenant-based and project-based voucher programs.

PHA Policy
Upon written request by the owner, the PHA will consider using the FMR or utility allowances in effect during the 30-day period before the start date of the HAP, or redetermination of rent. The owner must explain the need to use the previous FMRs or utility allowances and include documentation in support of the request. The PHA will review and make a decision based on the circumstances and merit of each request.

In addition to considering a written request from an owner, the PHA may decide to use the FMR or utility allowances in effect during the 30-day period before the start date of the HAP, or redetermination of rent, if the PHA determines it is necessary due to PHA budgetary constraints.

Use of Small Area FMRs (SAFMRs) [24 CFR 888.113(h)]
While small area FMRs (SAFMRs) do not apply to PBV projects, PHAs that operate a tenant-based program under SAFMRs may apply SAFMRs to all future PBV HAP contracts. If the PHA adopts this policy, it must apply to all future PBV projects and the PHA’s entire jurisdiction. The PHA and owner may not subsequently choose to revert back to use of the FMRs once the SAFMRs have been adopted, even if the PHA subsequently changes its policy.

Further, the PHA may apply SAFMRs to current PBV projects where the notice of owner selection was made on or before the effective date of PHA implementation, provided the owner is willing to mutually agree to doing so and the application is prospective. The PHA and owner may not subsequently choose to revert back to use of the FMRs once the SAFMRs have been adopted, even if the PHA subsequently changes its policy. If rents increase as a result of the use of SAFMRs, the rent increase may not be effective until the first anniversary of the HAP contract.

PHA Policy
The PHA will not apply SAFMRs to the PHA’s PBV program.

HCV Administrative Plan

Administrative Plan-HCV Program 17-52 Revised 10/31/2024 Redetermination of Rent [24 CFR 983.302]
The PHA must redetermine the rent to owner upon the owner’s request or when there is a 10 percent or greater decrease in the published FMR.

Rent Increase
If an owner wishes to request an increase in the rent to owner from the PHA, it must be requested at the annual anniversary of the HAP contract (see Section 17-V.D.). The request must be in writing and in the form and manner required by the PHA. The PHA may only make rent increases in accordance with the rent limits described previously. There are no provisions in the PBV program for special adjustments (e.g., adjustments that reflect increases in the actual and necessary expenses of owning and maintaining the units which have resulted from substantial general increases in real property taxes, utility rates, or similar costs).

PHA Policy
An owner’s request for a rent increase must be submitted to the PHA 60 days prior to the anniversary date of the HAP contract and must include the new rent amount the owner is proposing.

The PHA may not approve, and the owner may not receive any increase of rent to owner until and unless the owner has complied with requirements of the HAP contract, including compliance with HQS. The owner may not receive any retroactive increase of rent for any period of noncompliance.

Rent Decrease
If there is a decrease in the rent to owner, as established in accordance with program requirements such as a change in the FMR or exception payment standard, or reasonable rent amount, the rent to owner must be decreased regardless of whether the owner requested a rent adjustment, except where the PHA has elected within the HAP contract to not reduce rents below the initial rent under the initial HAP contract.

Notice of Rent Change
The rent to owner is redetermined by written notice by the PHA to the owner specifying the amount of the redetermined rent. The PHA notice of rent adjustment constitutes an amendment of the rent to owner specified in the HAP contract. The adjusted amount of rent to owner applies for the period of 12 calendar months from the annual anniversary of the HAP contract.

PHA Policy
The PHA will provide the owner with at least 30 days written notice of any change in the amount of rent to owner.

HCV Administrative Plan

Administrative Plan-HCV Program 17-53 Revised 10/31/2024 PHA-Owned Units [24 CFR 983.301(g)]
For PHA-owned PBV units, the initial rent to owner and the annual redetermination of rent at the anniversary of the HAP contract are determined by the independent entity approved by HUD. The PHA must use the rent to owner established by the independent entity. 17-VIII.C. REASONABLE RENT [24 CFR 983.303]
At the time the initial rent is established and all times during the term of the HAP contract, the rent to owner for a contract unit may not exceed the reasonable rent for the unit as determined by the PHA, except where the PHA has elected within the HAP contract to not reduce rents below the initial rent under the initial HAP contract.

When Rent Reasonable Determinations Are Required
The PHA must redetermine the reasonable rent for a unit receiving PBV assistance whenever any of the following occur:
• There is a 10 percent or greater decrease in the published FMR in effect 60 days before the contract anniversary (for the unit sizes specified in the HAP contract) as compared with the FMR that was in effect one year before the contract anniversary date;
• The PHA approves a change in the allocation of responsibility for utilities between the owner and the tenant;
• The HAP contract is amended to substitute a different contract unit in the same building or project; or • There is any other change that may substantially affect the reasonable rent.

How to Determine Reasonable Rent
The reasonable rent of a unit receiving PBV assistance must be determined by comparison to rent for other comparable unassisted units. When making this determination, the PHA must consider factors that affect market rent. Such factors include the location, quality, size, type, and age of the unit, as well as the amenities, housing services maintenance, and utilities to be provided by the owner.

Comparability Analysis
For each unit, the comparability analysis must use at least three comparable units in the private unassisted market. This may include units in the premises or project that is receiving project-based assistance. The analysis must show how the reasonable rent was determined, including major differences between the contract units and comparable unassisted units, and must be retained by the PHA. The comparability analysis may be performed by PHA staff or by another qualified person or entity. Those who conduct these analyses or are involved in determining the housing assistance payment based on the analyses may not have any direct or indirect interest in the property.

PHA-Owned Units
For PHA-owned units, the amount of the reasonable rent must be determined by an independent agency approved by HUD in accordance with PBV program requirements. The independent entity must provide a copy of the determination of reasonable rent for PHA-owned units to the PHA and to the HUD field office where the project is located.

Owner Certification of Reasonable Rent

HCV Administrative Plan

Administrative Plan-HCV Program 17-54 Revised 10/31/2024 By accepting each monthly housing assistance payment, the owner certifies that the rent to owner is not more than rent charged by the owner for other comparable unassisted units in the premises. At any time, the PHA may require the owner to submit information on rents charged by the owner for other units in the premises or elsewhere.
17-VIII.D. EFFECT OF OTHER SUBSIDY AND RENT CONTROL
In addition to the rent limits discussed in Section 17-VIII.B above, other restrictions may limit the amount of rent to owner in a PBV unit. In addition, certain types of subsidized housing are not even eligible to receive PBV assistance (see Section 17-II.D).

Other Subsidy [24 CFR 983.304]
To comply with HUD subsidy layering requirements, at the discretion of HUD or its designee, a PHA shall reduce the rent to owner because of other governmental subsidies, including tax credits or tax exemptions, grants, or other subsidized funding.

For units receiving assistance under the HOME program, rents may not exceed rent limits as required by that program.

For units in any of the following types of federally subsidized projects, the rent to owner may not exceed the subsidized rent (basic rent) or tax credit rent as determined in accordance with requirements for the applicable federal program:
• An insured or non-insured Section 236 project;
• A formerly insured or non-insured Section 236 project that continues to receive Interest Reduction Payment following a decoupling action;
• A Section 221(d)(3) below-market interest rate (BMIR) project; • A Section 515 project of the Rural Housing Service;
• Any other type of federally subsidized project specified by HUD.

Combining Subsidy
Rent to owner may not exceed any limitation required to comply with HUD subsidy layering requirements.

Rent Control [24 CFR 983.305]
In addition to the rent limits set by PBV program regulations, the amount of rent to owner may also be subject to rent control or other limits under local, state, or federal law.

HCV Administrative Plan

Administrative Plan-HCV Program 17-55 Revised 10/31/2024 PART IX: PAYMENTS TO OWNER
17-IX.A. HOUSING ASSISTANCE PAYMENTS [24 CFR 983.351]
During the term of the HAP contract, the PHA must make housing assistance payments to the owner in accordance with the terms of the HAP contract. During the term of the HAP contract, payments must be made for each month that a contract unit complies with HQS and is leased to and occupied by an eligible family. The housing assistance payment must be paid to the owner on or about the first day of the month for which payment is due unless the owner and the PHA agree on a later date.

Except for discretionary vacancy payments, the PHA may not make any housing assistance payment to the owner for any month after the month when the family moves out of the unit (even if household goods or property are left in the unit).

The amount of the housing assistance payment by the PHA is the rent to owner minus the tenant rent (total tenant payment minus the utility allowance).

In order to receive housing assistance payments, the owner must comply with all provisions of the HAP contract. Unless the owner complies with all provisions of the HAP contract, the owner does not have a right to receive housing assistance payments.
17-IX.B. VACANCY PAYMENTS [24 CFR 983.352]
If an assisted family moves out of the unit, the owner may keep the housing assistance payment for the calendar month when the family moves out. However, the owner may not keep the payment if the PHA determines that the vacancy is the owner’s fault.

PHA Policy
If the PHA determines that the owner is responsible for a vacancy and, as a result, is not entitled to the keep the housing assistance payment, the PHA will notify the landlord of the amount of housing assistance payment that the owner must repay. The PHA will require the owner to repay the amount owed in accordance with the policies in Section 16-IV.B.

At the discretion of the PHA, the HAP contract may provide for vacancy payments to the owner. The PHA may only make vacancy payments if:
• The owner gives the PHA prompt, written notice certifying that the family has vacated the unit and identifies the date when the family moved out (to the best of the owner’s knowledge); • The owner certifies that the vacancy is not the fault of the owner and that the unit was vacant during the period for which payment is claimed;
• The owner certifies that it has taken every reasonable action to minimize the likelihood and length of vacancy; and
• The owner provides any additional information required and requested by the PHA to verify that the owner is entitled to the vacancy payment.

HCV Administrative Plan

Administrative Plan-HCV Program 17-56 Revised 10/31/2024 The owner must submit a request for vacancy payments in the form and manner required by the PHA and must provide any information or substantiation required by the PHA to determine the amount of any vacancy payment.

PHA Policy
If an owner’s HAP contract calls for vacancy payments to be made, and the owner wishes to receive vacancy payments, the owner must have properly notified the PHA of the vacancy in accordance with the policy in Section 17-VI.F. regarding filling vacancies.

In order for a vacancy payment request to be considered, it must be made within 10 business days of the end of the period for which the owner is requesting the vacancy payment. The request must include the required owner certifications and the PHA may require the owner to provide documentation to support the request. If the owner does not provide the information requested by the PHA within 10 business days of the PHA’s request, no vacancy payments will be made. 17-IX.C. TENANT RENT TO OWNER [24 CFR 983.353]
The tenant rent is the portion of the rent to owner paid by the family. The amount of tenant rent is determined by the PHA in accordance with HUD requirements. Any changes in the amount of tenant rent will be effective on the date stated in the PHA notice to the family and owner.

The family is responsible for paying the tenant rent (total tenant payment minus the utility allowance). The amount of the tenant rent determined by the PHA is the maximum amount the owner may charge the family for rental of a contract unit. The tenant rent covers all housing services, maintenance, equipment, and utilities to be provided by the owner. The owner may not demand or accept any rent payment from the tenant in excess of the tenant rent as determined by the PHA. The owner must immediately return any excess payment to the tenant.

Tenant and PHA Responsibilities
The family is not responsible for the portion of rent to owner that is covered by the housing assistance payment and the owner may not terminate the tenancy of an assisted family for nonpayment by the PHA.

Likewise, the PHA is responsible only for making the housing assistance payment to the owner in accordance with the HAP contract. The PHA is not responsible for paying tenant rent, or any other claim by the owner, including damage to the unit. The PHA may not use housing assistance payments or other program funds (including administrative fee reserves) to pay any part of the tenant rent or other claim by the owner.

Utility Reimbursements
If the amount of the utility allowance exceeds the total tenant payment, the PHA must pay the amount of such excess to the tenant as a reimbursement for tenant-paid utilities, and the tenant rent to the owner must be zero.

The PHA may pay the utility reimbursement directly to the family or to the utility supplier on behalf of the family. If the PHA chooses to pay the utility supplier directly, the PHA must notify the family of the amount paid to the utility supplier.

HCV Administrative Plan

Administrative Plan-HCV Program 17-57 Revised 10/31/2024 PHA Policy
The PHA will make utility reimbursements to the utility provider. 17-IX.D. OTHER FEES AND CHARGES [24 CFR 983.354]
Meals and Supportive Services
With the exception of PBV assistance in assisted living developments, the owner may not require the tenant to pay charges for meals or supportive services. Non-payment of such charges is not grounds for termination of tenancy.

In assisted living developments receiving PBV assistance, the owner may charge for meals or supportive services. These charges may not be included in the rent to owner, nor may the value of meals and supportive services be included in the calculation of the reasonable rent. However, non-payment of such charges is grounds for termination of the lease by the owner in an assisted living development.

Other Charges by Owner
The owner may not charge extra amounts for items customarily included in rent in the locality or provided at no additional cost to unsubsidized tenants in the premises.

HCV Administrative Plan

Administrative Plan-HCV Program 17-58 Revised 10/31/2024 EXHIBIT 17-1: PBV DEVELOPMENT INFORMATION
(Fill out one for each development)
Date: [Enter the date on which this form was completed]

DEVELOPMENT INFORMATION
Development Name: [Insert name of PBV development]
Address: [Insert full address of PBV development]
Owner Information: [Insert PBV development owner name and contact information. If development is PHA-owned, enter “PHA-owned.”]
Property Management Company: [Insert property management company name and contact information, or enter “None”]
PHA-Owned: [Enter “Yes” or “No.” If yes, enter name of independent entity] Mixed Finance Development: [Enter “Yes” or “No.” If yes, list other types of funding and units to which other funding applies.]

HAP CONTRACT
Effective Date of Contract: [Enter start date of HAP contract] HOTMA Requirements: [If HAP contract was signed prior to April 18, 2017, enter “Pre-HOTMA.” If HAP contract was signed on or after April 18, 2017, enter “Post-HOTMA.”] Term of HAP Contract: [Enter term from HAP contract]
Expiration Date of Contract: [Enter expiration date from HAP contract]

PBV UNITS
0 BR 1 BR 2 BR 3 BR 4 BR 5 BR Total
# of
Units

Initial
Contract
Rent

$

$

$

$

$

$

Accessible Units and Features: [Identify which units are accessible and describe accessibility features or enter “None”]
Target Population: [Describe targeted population in accordance with HAP contract or enter “None”]

HCV Administrative Plan

Administrative Plan-HCV Program 17-59 Revised 10/31/2024 Excepted Units: [Identify excepted unit types below or enter “None”] Supportive Services: [Enter “Yes, see Exhibit D of HAP Contract” or enter “No”] Elderly Units: [Enter “Yes” or “No.” If yes, identify which units are elderly units.] Disabled Units (only for HAP contracts executed prior to April 18, 2017) [Enter “Yes” or “No.” If yes, identify which units are for persons with disabilities.] Are units excepted because they are located in a low-poverty census tract area?: [Enter “Yes” or “No”]

WAITING LIST AND SELECTION
Waiting List Type: [ Enter “Site-based waiting list,” “Combined with HCV,” “Waiting list for entire PBV program,” or “Merged with another assisted housing program”] Preferences: [Enter “Same as HCV; see Chapter 4” or describe preferences offered. If different from HCV, also note in Section 17.1.B of this policy.]
Preference Verification: [Enter “Same as HCV; see Chapter 7” or describe for each preference listed above. If different from HCV, note in Section 17.1.B of this policy.] For the PBV program, is the income limit the same as the HCV program? (Note: In mixed finance developments, other income limits may also apply.) [Enter “Same as HCV; see Chapter 3” or clearly describe. If different from HCV, note in Section 17.1.B of this policy.]

OCCUPANCY
Subsidy Standards: [Enter “Same as HCV; see Chapter 5” or describe. If different from HCV, note in Section 17.1.B of this policy]
Utilities: [Enter in accordance with HAP contract Exhibit C] Vacancy Payments: [Enter in accordance with HAP contract Part 1, e, 2 and Section 17-V.F. within this chapter]

HCV Administrative Plan

Administrative Plan-HCV Program 17-60 Revised 10/31/2024 EXHIBIT 17-2: Special Provisions Applying to TPVs Awarded as Part of a Voluntary Conversion of Public Housing Units in Projects that Include RAD PBV Units [24 CFR Part 972.200; Notice PIH 2019-05; Notice PIH 2019-23] Under certain circumstances, HUD allows small PHAs to reposition a public housing project (or portion of a project) by voluntarily converting units to tenant-based housing choice voucher assistance. In order to preserve affordable housing for residents of the project, the PHA is given priority to receive replacement tenant protection vouchers (TPVs). As part of the voluntary conversion, the PHA has the option to continue to operate it as rental housing. If so, the PHA or subsequent owner must allow existing families to remain in their units using the TPV in the form of tenant-based assistance. In this situation, however, the PHA may choose to project-base these TPVs in the former public housing project. Families must still be provided with the option to remain in their unit using tenant-based assistance. In order for the PHA to project-base the assistance and include these units on the PBV HAP contract, the family must voluntarily consent in writing to PBV assistance following the requirements in Appendix A of Notice PIH 2019-05. If the family fails to consent to PBV assistance and chooses to remain using tenant-based assistance, the family’s unit is excluded from the PBV HAP contract until the family moves out or consents to switching to PBV assistance. In general, all applicable program regulations and guidance for the standard PBV program apply to these units.

The PHA may also convert units in the same former public housing project to the PBV program under the rental assistance demonstration (RAD) program. The RAD statute authorizes HUD to waive certain statutory and regulatory provisions governing the standard PBV program and specify alternative requirements. In order to facilitate the uniform treatment of residents and units at the project, Notice PIH 2019-23 extended some of the alternative requirements to non-RAD PBV units in the converted project (i.e., the TPV units in the project). As such, while PBV TPV units in the converted project generally follow the requirements for the standard PBV program listed in this chapter, where HUD has specified alternative requirements for non-RAD PBV units in the project, PBV TPV units will instead follow the requirements outlined in Chapter 18 of this policy for the RAD PBV program.

RAD Requirements Applicable to Non-RAD units in the Project Alternative Requirement
under RAD as Listed in
Notice PIH 2019-23
Standard PBV Policy
That Does Not Apply
Applicable Policy in Chapter 18

1.6.A.4. Site Selection –
Compliance with PBV Goals
17-II.G. SITE

SELECTION
STANDARDS applies
with the exception of
deconcentration of
poverty and expanding
housing and economic
opportunity
requirements.
18-II.F. SITE SELECTION

STANDARDS

HCV Administrative Plan

Administrative Plan-HCV Program 17-61 Revised 10/31/2024

1.6.B.5.d. PBV Site-Specific
Utility Allowances
Alternative requirement
under RAD. No
corresponding policy in
Chapter 17.
18-VII.C. UTILITY

ALLOWANCES

1.6.C.1. No Rescreening of
Tenants upon Conversion
Policies contained in
Chapter 3 relating to
eligibility do not apply
to existing tenants who
receive TPVs.
18-V.B. PROHIBITED

RESCREENING OF EXISTING

TENANTS UPON

CONVERSION

1.6.C.2. Right to Return Alternative requirement
under RAD. No
corresponding policy in
Chapter 17.
18-I.D. RELOCATION

REQUIREMENTS

1.6.C.3. Phase-in of Tenant
Rent Increases
Alternative requirements
under RAD. No
corresponding policy in
Chapter 17.
18-VIII.D. PHASE-IN OF

TENANT RENT INCREASES

1.6.C.4. Family Self
Sufficiency (FSS) and
Resident Opportunities and
Self-Sufficiency Service
Coordinator (ROSS-SC)
Programs
Not covered in
administrative plan.
18-VI.C. PUBLIC HOUSING

FSS AND ROSS

PARTICIPANTS

1.6.C.5. Resident Participation
and Funding
Alternative requirement
under RAD. No
corresponding policy in
Chapter 17.
18-VI.D. RESIDENT

PARTICIPATION AND

FUNDING

1.6.C.6. Resident Procedural
Rights
Policies related to
hearings in Chapter 16
apply, with added
procedural rights and
notice requirements as
outlined in Chapter 18.
18-VI.H. RESIDENTS’

PROCEDURAL RIGHTS

1.6.C.7. Earned Income
Disregard (EID)
Alternative requirements
under RAD for in-place
residents.

New admissions follow
policies in Chapter 6.
18-VI.G. EARNED INCOME

DISALLOWANCE

HCV Administrative Plan

Administrative Plan-HCV Program 17-62 Revised 10/31/2024

1.6.C.8. Jobs Plus Not covered in
administrative plan.

No corresponding policy.

1.6.C.9. When Total Tenant
Payment Exceeds Gross Rent
Alternative requirements
under RAD for in-place
residents.

New admissions follow
policies in 17-VII.B.

LEASE, Continuation of
Housing Assistance
Payments.
18-VI.B. LEASE, Continuation
of Housing Assistance Payments

1.6.C.10. Under-Occupied
Unit
Alternative requirements
under RAD for in-place
residents.

New admissions follow
17-VII.C. MOVES,
Overcrowded, Under-
Occupied, and
Accessible Units
18-VI.E. MOVES, Overcrowded,
Under-Occupied, and Accessible
Units

1.6.D.4. Establishment of
Waiting List
Alternative requirements
under RAD for initial
establishment of the
waiting list.

Once waiting list is
established, follow 17-
VI.D. SELECTION

FROM THE WAITING
LIST
18-V.D. ORGANIZATION OF

THE WAITING LIST

1.6.D.10. Initial Certifications
and Tenant Rent Calculations
Alternative requirements
under RAD for in-place
residents. No
corresponding policy in
Chapter 17.
18-VIII.C. TENANT RENT TO
OWNER, Initial Certifications
Note, while Notice PIH 2019-05 states that the PHA must screen families for eligibility for a tenant protection voucher and that families must be below the low-income limit (80 percent of AMI), Notice PIH 2019-23 waives these requirements for residents in projects that include RAD PBV units.

Administrative Plan-HCV Program 18-1 Revised 10/30/2024 CHAPTER 18

SPECIAL PURPOSE VOUCHERS

INTRODUCTION
Special purpose vouchers are specifically funded by Congress in separate appropriations from regular HCV program funding in order to target specific populations. Special purpose vouchers include vouchers for the following programs:
• Family Unification Program (FUP)
• Foster Youth to Independence (FYI) program
• Veterans Affairs Supportive Housing (VASH)
• Mainstream
• Non-Elderly Disabled (NED)
PHA Policy
The PHA will administer the following types of special purpose vouchers:

Veterans Affairs Supportive Housing (VASH)

This chapter describes HUD regulations and PHA policies for administering special purpose vouchers. The policies outlined in this chapter are organized into five sections, as follows:

Part I: Family Unification Program (FUP)
Part II: Foster Youth to Independence (FYI) program
Part III: Veterans Affairs Supportive Housing (VASH)
Part IV: Mainstream voucher program
Part V: Non-Elderly Disabled (NED) vouchers
Except as addressed by this chapter and as required under federal statute and HUD requirements, the general requirements of the HCV program apply to special purpose vouchers.

HCV Administrative Plan

Administrative Plan-HCV Program 18-2 Revised 10/31/2024 PART I: FAMILY UNIFICATION PROGRAM (FUP)
18-I.A. PROGRAM OVERVIEW [Fact Sheet, Housing Choice Voucher Program Family Unification Program (FUP)]
Overview
The Family Unification Program (FUP) was authorized by Congress in 1990 to help preserve and reunify families. PHAs that administer the program provide vouchers to two different populations— FUP families and FUP youth.

Families eligible for FUP are families for whom the lack of adequate housing is a primary factor in:
• The imminent placement of the family’s child or children in out-of-home care; or • The delay in the discharge of the child or children to the family from out-of-home care.

There is no time limitation on FUP family vouchers, and the family retains their voucher as long as they are HCV-eligible. There is no requirement for the provision of supportive services for FUP family vouchers.

Youth eligible for FUP are those who:
• Are at least 18 years old and not more than 24 years of age; • Have left foster care or will leave foster care within 90 days, in accordance with a transition plan described in section 475(5)(H) of the Social Security Act at age 16 and older; and • Are homeless or at risk of becoming homeless.

FUP youth vouchers are limited by statute to 36 months of housing assistance. Supportive services must also be provided to FUP-eligible youth by the Public Child Welfare Agency (PCWA) or by another agency or organization under contract with the PCWA for at least 18 but up to 36 months.

PHAs that wish to administer FUP vouchers must apply to HUD by submitting an application under an active Notice of Funding Availability (NOFA). While the FUP program is administered in accordance with HCV regulations, the FUP NOFAs issued by HUD provide specific program information and requirements.

In order to administer the program, the PHA must also form a partnership with a local PCWA who is responsible for determining the family or youth meets FUP eligibility requirements and referring them to the PHA. Once the referral is received, the PHA is responsible for placing the FUP family or youth on the PHA’s waiting list and determining whether they are eligible to receive assistance under the PHA’s HCV program.

HCV Administrative Plan

Administrative Plan-HCV Program 18-3 Revised 10/31/2024 Assigning Vouchers [FUP FAQs]
The PHA may, but is not required to, assign a specific number or percentage of FUP vouchers for FUP youths and FUP families. Unless the PHA assigns a specific number or percentage of FUP vouchers to a designated FUP population, the PHA must serve any referrals (youths or families) that meet all program eligibility requirements up to the PHA’s designated FUP program size.

PHA Policy
The PHA does not administer any FUP vouchers.
18-I.B. PUBLIC CHILD WELFARE AGENCY (PCWA)
Families and youth do not apply directly to the PHA for FUP vouchers. They are instead referred by a PCWA with whom the PHA has entered into a Memorandum of Understanding (MOU). The partnering PCWA initially determines whether the family or youth meets the FUP program eligibility requirements listed in 19-I.C. and 19-I.D. and then refers those families or youths to the PHA.

HUD strongly encourages PHAs and PCWAs to make decisions collaboratively on the administration of the program and to maintain open and continuous communication. The PCWA must have a system for identifying FUP-eligible youth within the agency’s caseload and for reviewing referrals from a Continuum of Care (COC) if applicable.
18-I.C. FUP FAMILY VOUCHER ELIGIBILITY CRITERIA
FUP family assistance is reserved for eligible families that the PCWA has certified are a family for whom a lack of adequate housing is a primary factor in:
• The imminent placement of the family’s child or children in out-of-home care, or • The delay in the discharge of the child or children to the family from out-of-home care.

Lack of adequate housing means the family meets any one of the following conditions:
• Living in substandard housing, which refers to a unit that meets any one of the following conditions:
- Does not have operable indoor plumbing
- Does not have a usable flush toilet inside the unit for the exclusive use of a family or youth - Does not have a usable bathtub or shower inside the unit for the exclusive use of a family or youth
- Does not have electricity, or has inadequate or unsafe electrical service - Does not have a safe or adequate source of heat
- Should, but does not, have a kitchen
- Has been declared unfit for habitation by an agency or unit of government, or in its present condition otherwise endangers the health, safety, or well-being of the family or youth - Has one or more critical defects, or a combination of intermediate defects in sufficient number or to the extent that it requires considerable repair or rebuilding. The defects may result from original construction, from continued neglect or lack of repair, or from serious damage to the structure

HCV Administrative Plan

Administrative Plan-HCV Program 18-4 Revised 10/31/2024 • Being homeless as defined in 24 CFR 578.3
• Living in a unit where the presence of a household member with certain characteristics (i.e., conviction for certain criminal activities) would result in the imminent placement of the family’s child or children in out-of-home care, or the delay in the discharge of the child or children to the family from out-of-home care
• Living in housing not accessible to the family’s disabled child or children due to the nature of the disability
• Living in an overcrowded unit, which is defined as living in a unit where one of the following conditions has been met:
- The family is separated from its child or children and the parents are living in an otherwise standard housing unit, but, after the family is reunited, the parents’ housing unit would be overcrowded for the entire family and would be considered substandard; or - The family is living with its child or children in a unit that is overcrowded for the entire family and this overcrowded condition may result, in addition to other factors, in the imminent placement of its child or children in out-of-home care. - For purposes of this definition, the determination as to whether the unit is overcrowded is made in accordance with the PHA subsidy standards in Chapter 5, Part III of this policy.

Since HUD does not define imminent placement, the partnering PCWA may use its discretion to determine whether the potential out of home placement of the family’s child or children is imminent [FUP FAQs].
18-I.D. FUP YOUTH VOUCHER ELIGIBILITY CRITERIA
While FUP family vouchers operate as regular HCVs after the family is referred from the PCWA, there are several aspects of the FUP youth vouchers that make them distinct from the FUP family vouchers and from regular HCVs.

Eligibility Criteria
An FUP-eligible youth is a youth the PCWA has certified:
• Is at least 18 years old and not more than 24 years of age (has not yet reached their 25 th birthday);
- The FUP youth must be no more than 24 years old at the time the PCWA certifies them as eligible and at the time of HAP contract execution.
• Has left foster care or will leave foster care within 90 days, in accordance with a transition plan described in section 475(5)(H) of the Social Security Act; - Foster care placement can include, but is not limited to, placements in foster family homes, foster homes of relatives, group homes, emergency shelters, residential facilities, child care institutions, and pre-adoptive homes in accordance with 24 CFR 5.576. • Is homeless or at risk of becoming homeless at age 16 or older; - At risk of being homeless is fully defined at 24 CFR 576.2.

HCV Administrative Plan

Administrative Plan-HCV Program 18-5 Revised 10/31/2024 o This includes a person that is exiting a publicly funded institution, or system of care (such as a healthcare facility, a mental health facility, foster care or other youth facility, or correction program or institution).
o Therefore, youth being discharged from an institution may be eligible for a FUP voucher [FUP FAQs].
• Has an annual income at or below 30 percent of area median income; and • Does not have sufficient resources or support networks (e.g., family, friends, faith-based or other social networks) immediately available to prevent them from moving to a supervised publicly or privately operated shelter designed to provide temporary living arrangements.

Maximum Assistance Period
Although there is no time limit on FUP family vouchers, FUP youth vouchers are limited by statute to 36 months of housing assistance. At the end of the statutory time period, assistance under the FUP youth voucher must be terminated. However, any period of time for which no subsidy (HAP) is being paid on behalf of the youth does not count toward the 36-month limitation.

For PHAs participating in the FUP Family Self Sufficiency (FSS) Demonstration, an exception to the 36-month limitation was granted. Participating PHAs must adopt a policy enabling an FUP youth voucher holder that agreed to sign an FSS Contract of Participation to remain on the program for the life of their contract [Notice PIH 2016-01].

PHA Policy
The PHA is not participating in the FUP FSS Demonstration.

Supportive Services
The PCWA must provide supportive services for at least 18 months to all FUP-eligible youth regardless of their age. The MOU between the PHA and the PCWA should identify the period of time in which supportive services will be provided—from a minimum of 18 months up to the full 36-month program maximum.

Supportive services may be provided to FUP-eligible youth by the PCWA or by another agency or organization under agreement or contract with the PCWA, including the PHA. The organization providing the services and resources must be identified in the MOU. The following services must be offered:
• Basic life skills information/counseling on money management, use of credit, housekeeping, proper nutrition/meal preparation; and access to health care (e.g., doctors, medication, and mental and behavioral health services);
• Counseling on compliance with rental lease requirements and with HCV program participant requirements, including assistance or referrals for assistance on security deposits, utility hook-up fees, and utility deposits;
• Providing such assurances to owners of rental property as are reasonable and necessary to assist an FUP-eligible youth to rent a unit with an FUP voucher;
• Job preparation and attainment counseling (where to look/how to apply, dress, grooming, relationships with supervisory personnel, etc.); and

HCV Administrative Plan

Administrative Plan-HCV Program 18-6 Revised 10/31/2024 • Educational and career advancement counseling regarding attainment of general equivalency diploma (GED); or attendance or financing of education at a technical school, trade school, or college, including successful work ethic and attitude models.

An FUP-eligible youth cannot be required to participate in these services as condition of receipt of the FUP voucher.
18-I.E. REFERRALS AND WAITING LIST MANAGEMENT
Referrals
The PCWA must establish and implement a system to identify FUP-eligible families and youths within the agency’s caseload and make referrals to the PHA. The PCWA must certify that the FUP applicants they refer to the PHA meet FUP eligibility requirements. The PHA is not required to maintain full documentation that demonstrates the family’s or youth’s FUP eligibility as determined by the PCWA but should keep the referral or certification from the PCWA.

A PHA must serve any referrals (youths or families) that meet all program eligibility requirements. If a PHA determines that it has received a sufficient number of referrals from the PCWA so that the PHA will be able to lease all FUP vouchers awarded, the PHA may request that the PCWA suspend transmission of referrals. If the PHA determines that additional referrals will be needed after it has made such a request, the PHA may request that the PCWA resume transmission of referrals [Notice PIH 2011- 52].

Waiting List Placement
A family that is already participating in the regular HCV program cannot be transferred to an FUP voucher.

Once a referral is made, the PHA must compare the list of PCWA referrals to its HCV waiting list to determine if any applicants on the PCWA’s referral list are already on the PHA’s HCV waiting list.

Applicants already on the PHA’s HCV waiting list retain the order of their position on the list.

Applicants not already on the PHA’s HCV waiting list must be placed on the HCV waiting list.

If the PHA’s HCV waiting list is closed, the PHA must open its HCV waiting list in order to accept new FUP applicants. If necessary, the PHA may open its waiting list solely for FUP applicants, but this information must be included in the PHA’s notice of opening its waiting list (see section 4-II.C., Opening and Closing the Waiting List of this administrative plan).

Waiting List Selection
The PHA selects FUP-eligible families or youths based on the PHA’s regular HCV waiting list selection policies in Chapter 4, including any preferences that may apply.

HCV Administrative Plan

Administrative Plan-HCV Program 18-7 Revised 10/31/2024 18-I.F. PHA HCV ELIGIBILITY DETERMINATION
Once an FUP-eligible family or youth is selected from the HCV waiting list, the PHA must determine whether the family or youth meets HCV program eligibility requirements. Applicants must be eligible under both FUP family or youth eligibility requirements, as applicable, and HCV eligibility requirements as outlined in Chapter 3 of this policy.

The PCWA may, but is not obligated to, provide information to the PHA on the family’s criminal history.

Additional FUP Eligibility Factors [FUP FAQs]
For FUP family vouchers, the family must remain FUP-eligible thorough lease-up. • If, after a family is referred by the PCWA but prior to issuing a family FUP voucher, the PHA discovers that the lack of adequate housing is no longer a primary factor for the family not reunifying, the FUP voucher may not be issued to the family. • Similarly, if the FUP voucher has already been issued before the PHA discovers that the reunification will not happen, but the family has not yet leased up under the voucher, the PHA must not execute the HAP contract, as the family is no longer FUP-eligible.

FUP-eligible youth must be no more than 24 years old both at the time of PCWA certification and at the time of the HAP execution. If a FUP youth is 24 at the time of PCWA certification but will turn 25 before the HAP contract is executed, the youth is no longer eligible for a FUP youth voucher.

18.I.G. LEASE UP
Once the PHA determines that the family or youth meets HCV eligibility requirements, the family or youth will be issued an FUP voucher in accordance with PHA policies.

Once the family or youth locate a unit, the PHA conducts all other processes relating to voucher issuance and administration per HCV program regulations and the PHA’s policies (including, but not limited to: HQS inspection, determination of rent reasonableness, etc.). 18-I.H. TERMINATION OF ASSISTANCE
General Requirements
With the exception of terminations of assistance for FUP youth after 36 months of housing assistance, terminations of FUP assistance are handled in the same way as the regular HCV program. Termination of an FUP voucher must be consistent with regulations for termination in 24 CFR Part 982, Subpart L and be in compliance with PHA policies (Chapter 12).

If the person who qualifies for the FUP voucher passes away, the family retains the FUP voucher. In the case of an FUP-youth voucher, assistance will terminate after 36 months, even if the FUP-eligible youth is no longer included in the household.

If the person who qualifies for the FUP voucher moves, the remaining family members may keep the FUP voucher based on PHA policy (see administrative plan, Section 3-I.C., Family Breakup and Remaining Member of Tenant Family).

FUP Family Vouchers
If parents lose their parental rights or are separated from their children after voucher lease-up (or their children reach adulthood), the family is still eligible to keep their FUP assistance, as the regulations do

HCV Administrative Plan

Administrative Plan-HCV Program 18-8 Revised 10/31/2024 not permit HCV termination for a family losing parental rights or the children reaching adulthood.

However, the PHA may transfer the assistance of a FUP family voucher holder to regular HCV assistance if there are no longer children in the household.

FUP Youth Vouchers
A PHA cannot terminate a FUP youth’s assistance for noncompliance with PCWA case management, nor may the PHA terminate assistance for an FUP youth for not accepting services from the PCWA.

The PHA may not transfer the assistance of an FUP youth voucher holder to regular HCV assistance upon the expiration of the 36-month limit on assistance. However, the PHA may issue a regular HCV to FUP youth if they were selected from the waiting list in accordance with PHA policies and may also adopt a preference for FUP youth voucher holders who are being terminated for this reason.

Upon the expiration of the 36-month limit on assistance, an FUP youth voucher holder who has children and who lacks adequate housing may qualify for an FUP family voucher provided they are referred by the PCWA as an eligible family and meet the eligibility requirements for the PHA’s HCV program. 18-I.I. FUP PORTABILITY
Portability for a FUP family or youth is handled in the same way as for a regular HCV family. A PHA may not restrict or deny portability for an FUP family or youth for reasons other than those specified in the HCV program regulations, as reflected in Chapter 10 of the administrative plan.

An FUP family or youth does not have to port to a jurisdiction that administers FUP.

If the receiving PHA administers the FUP voucher on behalf of the initial PHA, the voucher is still considered an FUP voucher regardless of whether the receiving PHA has a FUP program.

If the receiving PHA absorbs the voucher, the receiving PHA may absorb the incoming port into its FUP program (if it has one) or into its regular HCV program (if the receiving PHA has vouchers available to do so) and the family or youth become regular HCV participants. In either case, when the receiving PHA absorbs the voucher, an FUP voucher becomes available to the initial PHA.

Considerations for FUP Youth Vouchers
If the voucher is an FUP youth voucher and remains such upon lease-up in the receiving PHA’s jurisdiction, termination of assistance must still take place once the youth has received 36 months of assistance. Any time period during which no subsidy was paid on behalf of the youth does not count under the 36-month limitation. If the receiving PHA is administering the FUP youth voucher on behalf of the initial PHA, the two PHAs must work together to initiate termination upon expiration of the 36- month limit.
18-I.J. PROJECT-BASING FUP VOUCHERS [Notice PIH 2017-21] The PHA may project-base FUP vouchers without HUD approval in accordance with Notice PIH 2017- 21 and all statutory and regulatory requirements for the PBV program. Project-based FUP vouchers are subject to the PBV program percentage limitation discussed in Section 17-I.A.

The PHA may limit PBVs to one category of FUP-eligible participants (families or youth) or a combination of the two.

HCV Administrative Plan

Administrative Plan-HCV Program 18-9 Revised 10/31/2024 PART II: FOSTER YOUTH TO INDEPENDENCE INITIATIVE
18-II.A. PROGRAM OVERVIEW [Notice PIH 2020-28]
The Foster Youth to Independence (FYI) initiative was announced in 2019. The FYI initiative allows PHAs who partner with a Public Child Welfare Agency (PCWA) to request targeted HCVs to serve eligible youth with a history of child welfare involvement that are homeless or at risk of being homeless.

Rental assistance and supportive services are provided to qualified youth for a period of up to 36 months.

The program was initially only available to PHAs that did not administer FUP vouchers but has since been expanded to all PHAs with an HCV Annual Contributions Contract (ACC). Funding is available either competitively though an FYI NOFA or noncompetitively on a rolling basis in accordance with the application requirements outlined in Notice PIH 2020-28. Under the noncompetitive process, PHAs are limited to 25 vouchers in a fiscal year with the ability to request an additional 25 vouchers for those PHAs with 90 percent or greater utilization of these vouchers. For competitive awards, the number of vouchers is dependent on PHA program size and need.
18-II.B. PARTNERING AGENCIES [Notice PIH 2020-28; FYI Updates and Partnering Opportunities Webinar]
Public Child Welfare Agency (PCWA)
The PHA must enter into a partnership agreement with a PCWA in the PHA’s jurisdiction in the form of a Memorandum of Understanding (MOU) or letter of intent. The PCWA is responsible for identifying and referring eligible youth to the PHA and providing or securing a commitment for the provision of supportive services once youth are admitted to the program.

The PCWA is responsible for:
• Identifying FYI-eligible youth;
• Developing a system of prioritization based on the level of need of the youth and the appropriateness of intervention;
• Providing a written certification to the PHA that the youth is eligible; and • Providing or securing supportive services for 36 months.

Continuum of Care (CoC) and Other Partners
HUD strongly encourages PHAs to add other partners into the partnership agreement with the PCWA such as state, local, philanthropic, faith-based organizations, and the CoC, or a CoC recipient it designates.

HCV Administrative Plan

Administrative Plan-HCV Program 18-10 Revised 10/31/2024 18-II.C. YOUTH ELIGIBILITY CRITERIA [Notice PIH 2020-28; FYI Q&As; FYI FAQs] The PCWA is responsible for certifying that the youth has prior qualifying foster care involvement. As determined by the PCWA, eligible youth:
• Are at least 18 years of age and not more than 24 years of age (have not yet reached their 25 th birthday);
- Youth must be no more than 24 years of age at the time the PCWA certifies them as eligible and at the time of HAP contract execution.
• Have left foster care or will leave foster care within 90 days, in accordance with a transition plan described in section 475(5)(H) of the Social Security Act; - Placements can include, but are not limited to, placements in foster family homes, foster homes of relatives, group homes, emergency shelters, residential facilities, child care institutions, and pre-adoptive homes in accordance with 24 CFR 5.576;
• Are homeless or at risk of becoming homeless at age 16 and older; - At risk of being homeless is fully defined at 24 CFR 576.2. o This includes a person that is exiting a publicly funded institution, or system of care (such as a healthcare facility, a mental health facility, foster care or other youth facility, or correction program or institution). Therefore, youth being discharged from an institution may be eligible for an FUP voucher [FUP FAQs].

Eligibility is not limited to single persons. For example, pregnant and/or parenting youth are eligible to receive assistance assuming they otherwise meet eligibility requirements. 18-II.D. SUPPORTIVE SERVICES [Notice PIH 2020-28; FYI Updates and Partnering Opportunities Webinar; FYI Q&As]
Supportive services may be provided by the PHA, PCWA or a third party. The PCWA must provide or secure a commitment to provide supportive services for participating youth for a period of 36 months.

At a minimum, the following supportive services must be offered:
• Basic life skills information/counseling on money management, use of credit, housekeeping, proper nutrition/meal preparation, and access to health care (e.g., doctors, medication, and mental and behavioral health services);
• Counseling on compliance with rental lease requirements and with HCV program participant requirements, including assistance/referrals for assistance on security deposits, utility hook-up fees, and utility deposits;
• Providing such assurances to owners of rental property as are reasonable and necessary to assist eligible youth to rent a unit with a voucher;
• Job preparation and attainment counseling (where to look/how to apply, dress, grooming, relationships with supervisory personnel, etc.); and
• Educational and career advancement counseling regarding attainment of general equivalency diploma (GED) or attendance/financing of education at a technical school, trade school, or college, including successful work ethic and attitude models.

HCV Administrative Plan

Administrative Plan-HCV Program 18-11 Revised 10/31/2024 Since participation in supportive services is optional, but strongly encouraged, an FYI participant may decline supportive service.
18-II.E. REFERRALS AND WAITING LIST MANAGEMENT [Notice PIH 2020-28; FYI Updates and Partnering Opportunities Webinar FYI FAQs]
Referrals
The PCWA is responsible for certifying that the youth has prior qualifying foster care involvement.

Once the PCWA sends the PHA the referral certifying the youth is program-eligible, the PHA determines HCV eligibility.

The PCWA must have a system for identifying eligible youth within the agency’s caseload and reviewing referrals from other partners, as applicable. The PCWA must also have a system for prioritization of referrals to ensure that youth are prioritized for an FYI voucher based upon their level of need and appropriateness of the intervention.

Referrals may come from other organizations in the community who work with the population, but the PCWA must certify that the youth meets eligibility requirements, unless the PCWA has vested another organization with this authority.

The PHA is not required to maintain full documentation that demonstrates the youth’s eligibility as determined by the PCWA but should keep the referral or certification from the PCWA. The PCWA is not required to provide the PHA with HCV eligibility documents.

Waiting List Placement [Notice PIH 2020-28 and FYI FAQs] The PHA must use the HCV waiting list for the FYI program. Youth already on the HCV program may not be transferred to an FYI voucher since they are not homeless or at-risk of homelessness.

Once a referral is made, the PHA must compare the list of PCWA referrals to its HCV waiting list to determine if any applicants on the PCWA’s referral list are already on the PHA’s HCV waiting list.

Applicants already on the PHA’s HCV waiting list retain the order of their position on the list.

Applicants not already on the PHA’s HCV waiting list must be placed on the HCV waiting list.

If the PHA’s HCV waiting list is closed, the PHA must open its HCV waiting list in order to accept new referrals. If necessary, the PHA may open its waiting list solely for referrals, but this information must be included in the PHA’s notice of opening its waiting list (see section 4-II.C., Opening and Closing the Waiting List of this administrative plan).

Waiting List Selection
The PHA selects eligible youths based on the PHA’s regular HCV waiting list selection policies in Chapter 4, including any preferences that may apply.

HCV Administrative Plan

Administrative Plan-HCV Program 18-12 Revised 10/31/2024 18-II.F. PHA HCV ELIGIBILITY DETERMINATION [FYI FAQs]
Once an eligible youth is selected from the HCV waiting list, the PHA must determine whether the youth meets HCV program eligibility requirements. Applicants must be eligible under both FYI eligibility requirements and HCV eligibility requirements as outlined in Chapter 3 of this policy.

The PCWA may, but is not obligated to, provide information to the PHA on the youth’s criminal history.

Additional Eligibility Factors
Youth must be no more than 24 years old both at the time of PCWA certification and at the time of the HAP execution. If a youth is 24 at the time of PCWA certification but will turn 25 before the HAP contract is executed, the youth is no longer eligible for a FYI voucher. 18-II.G. LEASE UP
Once the PHA determines that the family or youth meets HCV eligibility requirements, the youth will be issued an FYI voucher in accordance with PHA policies.

Once the youth locates a unit, the PHA conducts all other processes relating to voucher issuance and administration per HCV program regulations and the PHA policy in Chapter 9.

Turnover [FYI FAQs]
For PHAs awarded FYI Tenant Protection Vouchers (TPVs) under Notice PIH 2019-20 where the recipient of the FYI TPV leaves the program, the PHA may request an FYI voucher under the requirements of Notice PIH 2020-28.

For PHAs awarded FYI vouchers under Notice PIH 2020-28 where the recipient of the FYI voucher leaves the program, the PHA must continue to use the FYI voucher for eligible youth upon turnover.

Where there are more eligible youth than available FYI turnover vouchers, the PHA may request an FYI voucher under the requirements of Notice PIH 2020-28.
18-II.H. MAXIMUM ASSISTANCE PERIOD [Notice PIH 2020-28 and FYI FAQs] Vouchers are limited by statute to a total of 36 months of housing assistance. At the end of the statutory time period, assistance must be terminated. However, any period of time for which no subsidy (HAP) is being paid on behalf of the youth does not count toward the 36-month limitation. It is not permissible to reissue another FYI TPV to the same youth upon expiration of their 36 months of FYI assistance.

Participants do not “age out” of the program. A participant may continue with the program until they have received 36 months of assistance. Age limits are only applied for entry into the program. 18-II.I. TERMINATION OF ASSISTANCE [FYI FAQs]
Termination of a FYI voucher is handled in the same way as with any HCV; therefore, termination of a FYI voucher must be consistent with HCV regulations at 24 CFR Part 982, Subpart L and PHA policies in Chapter 12. Given the statutory time limit that requires FYI vouchers sunset after 36 months, a PHA must terminate the youth’s assistance once the 36-month limit on assistance has expired.

A PHA cannot terminate a FYI youth’s assistance for noncompliance with PCWA case management, nor may the PHA terminate assistance for a FYI youth for not accepting services from the PCWA.

The PHA may not transfer the assistance of FYI voucher holders to regular HCV assistance upon the expiration of the 36-month limit on assistance. However, the PHA may issue a regular HCV to FYI voucher holders if they were selected from the waiting list in accordance with PHA policies. The PHA

HCV Administrative Plan

Administrative Plan-HCV Program 18-13 Revised 10/31/2024 may also adopt a waiting list preference for FYI voucher holders who are being terminated for this reason.
18-II.J. PORTABILITY [FYI FAQs]
Portability for an FYI youth is handled in the same way as for a regular HCV family. A PHA may not restrict or deny portability for an FYI youth for reasons other than those specified in the HCV program regulations, as reflected in Chapter 10 of the administrative plan.

An FYI youth does not have to port to a jurisdiction that administers FYI vouchers.

If the receiving PHA absorbs the voucher, the PHA may absorb the youth into its regular HCV program if it has vouchers available to do so. If the receiving PHA absorbs the youth into its regular HCV program, that youth becomes a regular HCV participant with none of the limitations of an FYI voucher.

The initial and receiving PHA must work together to initiate termination of assistance upon expiration of the 36-month limit.
18-II.K. PROJECT-BASING FYI VOUCHERS [FYI FAQs]
The PHA may project-base certain FYI vouchers without HUD approval in accordance with all applicable PBV regulations and PHA policies in Chapter 17. This includes FYI vouchers awarded under Notice PIH 2020-28. Assistance awarded under Notice PIH 2019-20 is prohibited from being project- based.

HCV Administrative Plan

Administrative Plan-HCV Program 18-14 Revised 10/31/2024 PART III: VETERANS AFFAIRS SUPPORTIVE HOUSING (VASH) PROGRAM 18-III.A. OVERVIEW
Since 2008, HCV program funding has provided rental assistance under a supportive housing program for homeless veterans. The Veterans Affairs Supportive Housing (VASH) program combines HCV rental assistance with case management and clinical services provided by the Department of Veterans Affairs (VA) at VA medical centers (VAMCs) and Community-Based Outpatient Clinics (CBOCs).

Eligible families are homeless veterans and their families that agree to participate in VA case management and are referred to the VAMC’s partner PHA for HCV assistance. The VAMC or CBOC’s responsibilities include:
• Screening homeless veterans to determine whether they meet VASH program participation criteria; • Referring homeless veterans to the PHA;
- The term homeless veteran means a veteran who is homeless (as that term is defined in subsection (a) or (b) of Section 103 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11302)). See 38 U.S.C. 2002.
• Providing appropriate treatment and supportive services to potential VASH participants, if needed, prior to PHA issuance of a voucher;
• Providing housing search assistance to VASH participants; • Identifying the social service and medical needs of VASH participants, and providing or ensuring the provision of regular ongoing case management, outpatient health services, hospitalization, and other supportive services as needed throughout the veterans’ participation period; and • Maintaining records and providing information for evaluation purposes, as required by HUD and the VA.

VASH vouchers are awarded noncompetitively based on geographic need and PHA administrative performance. Eligible PHAs must be located within the jurisdiction of a VAMC and in an area of high need based on data compiled by HUD and the VA. When Congress funds a new allocation of VASH vouchers, HUD invites eligible PHAs to apply for a specified number of vouchers.

Generally, the HUD-VASH program is administered in accordance with regular HCV program requirements. However, HUD is authorized to waive or specify alternative requirements to allow PHAs to effectively deliver and administer VASH assistance. Alternative requirements are established in the HUD-VASH Operating Requirements, which were originally published in the Federal Register on May 6, 2008, and updated March 23, 2012. Unless expressly waived by HUD, all regulatory requirements and HUD directives regarding the HCV program are applicable to VASH vouchers, including the use of all HUD-required contracts and other forms, and all civil rights and fair housing requirements. In addition, the PHA may request additional statutory or regulatory waivers that it determines are necessary for the effective delivery and administration of the program.

HCV Administrative Plan

Administrative Plan-HCV Program 18-15 Revised 10/31/2024 The VASH program is administered in accordance with applicable Fair Housing requirements since civil rights requirements cannot be waived under the program. These include applicable authorities under 24 CFR 5.105(a) and 24 CFR 982.53 including, but not limited to, the Fair Housing Act, Section 504 of the Rehabilitation Act of 1973, Title VI of the Civil Rights Act of 1964, the Americans with Disabilities Act, and the Age Discrimination Act and all PHA policies as outlined in Chapter 2 of this document.

When HUD-VASH recipients include veterans with disabilities or family members with disabilities, reasonable accommodation requirements in Part II of Chapter 2 of this policy apply. 18-III.B. REFERRALS [FR Notice 3/23/12 and HUD-VASH Qs and As] VAMC case managers will screen all families in accordance with VA screening criteria and refer eligible families to the PHA for determination of program eligibility and voucher issuance. The PHA has no role in determining or verifying the veteran’s eligibility under VA screening criteria, including determining the veteran’s homelessness status. The PHA must accept referrals from the partnering VAMC and must maintain written documentation of referrals in VASH tenant files. Upon turnover, VASH vouchers must be issued to eligible veteran families as identified by the VAMC.

PHA Policy
In order to expedite the screening process, the PHA will provide all forms and a list of documents required for the VASH application to the VAMC. Case managers will work with veterans to fill out the forms and compile all documents prior to meeting with the PHA and submitting an application. When feasible, the VAMC case manager should email or fax copies of all documents to the PHA prior to the meeting in order to allow the PHA time to review them and start a file for the veteran.

After the VAMC has given the PHA a complete referral, the PHA will perform an eligibility screening within five business days of receipt of a VAMC referral. 18-III.C. HCV PROGRAM ELIGIBILITY [FR Notice 3/23/12]
Eligible participants are homeless veterans and their families who agree to participate in case management from the VAMC.
• A VASH Veteran or veteran family refers to either a single veteran or a veteran with a household composed of two or more related persons. It also includes one or more eligible persons living with the veteran who are determined to be important to the veteran’s care or well-being. • A veteran for the purpose of VASH is a person whose length of service meets statutory requirements, and who served in the active military, naval, or air service, was discharged or released under conditions other than dishonorable, and is eligible for VA health care.

Under VASH, PHAs do not have authority to determine family eligibility in accordance with HCV program rules and PHA policies. The only reasons for denial of assistance by the PHA are failure to meet the income eligibility requirements and/or that a family member is subject to a lifetime registration requirement under a state sex offender registration program. Under portability, the receiving PHA must also comply with these VASH screening requirements.

Social Security Numbers
When verifying Social Security numbers (SSNs) for homeless veterans and their family members, an original document issued by a federal or state government agency, which contains the name and SSN of

HCV Administrative Plan

Administrative Plan-HCV Program 18-16 Revised 10/31/2024 the individual along with other identifying information of the individual, is acceptable in accordance with Section 7-II.B. of this policy.

In the case of the homeless veteran, the PHA must accept the Certificate of Release or Discharge from Active Duty (DD-214) or the VA-verified Application for Health Benefits (10-10EZ) as verification of SSN and cannot require the veteran to provide a Social Security card. A VA-issued identification card may also be used to verify the SSN of a homeless veteran.

Proof of Age
The DD-214 or 10-10EZ must be accepted as proof of age in lieu of birth certificates or other PHA- required documentation as outlined in Section 7-II.C. of this policy. A VA-issued identification card may also be used to verify the age of a homeless veteran.

Photo Identification
A VA-issued identification card must be accepted in lieu of another type of government-issued photo identification.

Income Eligibility
The PHA must determine income eligibility for VASH families in accordance with 24 CFR 982.201 and policies in Section 3-II.A. If the family is over-income based on the most recently published income limits for the family size, the family will be ineligible for HCV assistance.

While income-targeting does not apply to VASH vouchers, the PHA may include the admission of extremely low-income VASH families in its income targeting numbers for the fiscal year in which these families are admitted.

PHA Policy
While income-targeting requirements will not be considered by the PHA when families are referred by the partnering VAMC, the PHA will include any extremely low-income VASH families that are admitted in its income targeting numbers for the fiscal year in which these families are admitted.

Screening
The PHA may not screen any potentially eligible family members or deny assistance for any grounds permitted under 24 CFR 982.552 and 982.553 with one exception: the PHAs is still required to prohibit admission if any member of the household is subject to a lifetime registration requirement under a state sex offender registration program. Accordingly, with the exception of denial for registration as a lifetime sex offender under state law and PHA policies on how sex offender screenings will be conducted, PHA policy in Sections 3-III.B. through 3-III.E. do not apply to VASH. The prohibition against screening families for anything other than lifetime sex offender status applies to all family members, not just the veteran.

Denial of Assistance [Notice PIH 2008-37]
Once a veteran is referred by the VAMC, the PHA must either issue a voucher or deny assistance. If the PHA denies assistance, it must provide the family with prompt notice of the decision and a brief statement of the reason for denial in accordance with Section 3-III.F. Like in the standard HCV program, the family must be provided with the opportunity for an informal review in accordance with policies in Section 3-III.F. In addition, a copy of the denial notice must be sent to the VAMC case manager.

HCV Administrative Plan

Administrative Plan-HCV Program 18-17 Revised 10/31/2024 18-III.D. CHANGES IN FAMILY COMPOSITION
Adding Family Members [FR Notice 3/23/12]
When adding a family member after the family has been admitted to the program, PHA policies in Section 3-II.B. apply. Other than the birth, adoption, or court-awarded custody of a child, the PHA must approve additional family members and will apply its regular screening criteria in doing so.

Remaining Family Members [HUD-VASH Qs and As]
If the homeless veteran dies while the family is being assisted, the voucher would remain with the remaining members of the tenant family. The PHA may use one of its own regular vouchers, if available, to continue assisting this family and free up a VASH voucher for another VASH-eligible family. If a regular voucher is not available, the family would continue utilizing the VASH voucher.

Once the VASH voucher turns over, however, it must go to a homeless veteran family.

Family Break Up [HUD-VASH Qs and As]
In the case of divorce or separation, since the set-aside of VASH vouchers is for veterans, the voucher must remain with the veteran. This overrides the PHA’s policies in Section 3-I.C. on how to determine who remains in the program if a family breaks up.
18-III.E. LEASING [FR Notice 3/23/12]
Waiting List
The PHA does not have the authority to maintain a waiting list or apply local preferences for HUD– VASH vouchers. Policies in Chapter 4 relating to applicant selection from the waiting list, local preferences, special admissions, cross-listing, and opening and closing the waiting list do not apply to VASH vouchers.

Voucher Issuance
Unlike the standard HCV program which requires an initial voucher term of at least 60 days, VASH vouchers must have an initial search term of at least 120 days. PHA policies on extensions as outlined in Section 5-II.E. will apply.

PHA Policy
All VASH vouchers will have an initial term of 120 calendar days.

The family must submit a Request for Tenancy Approval and proposed lease within the 120-day period unless the VAMC case manager indicates that an extension is necessary.

The PHA must track issuance of HCVs for families referred by the VAMC or CBOC in PIC as required in Notice PIH 2011-53.

Initial Lease Term
Unlike in the standard the HCV program, VASH voucher holders may enter into an initial lease that is for less than 12 months. Accordingly, PHA policy in Section 9-I.E., Term of Assisted Tenancy, does not apply.

Ineligible Housing [FR Notice 6/18/14]
Unlike in the standard HCV program, VASH families are permitted to live on the grounds of a VA facility in units developed to house homeless veterans. Therefore, 24 CFR 982.352(a)(5) and 983.53(a)(2), which prohibit units on the physical grounds of a medical, mental, or similar public or

HCV Administrative Plan

Administrative Plan-HCV Program 18-18 Revised 10/31/2024 private institution, do not apply to VASH for this purpose only. Accordingly, PHA policy in 9-I.D., Ineligible Units, does not apply for this purpose only.

HQS Pre-Inspections
To expedite the leasing process, PHAs may pre-inspect available units that veterans may be interested in leasing in order to maintain a pool of eligible units. If a VASH family selects a unit that passed an HQS inspection (without intervening occupancy) within 45 days of the date of the Request for Tenancy Approval (Form HUD-52517), the unit may be approved if it meets all other conditions under 24 CFR 982.305. However, the veteran must be free to select his or her unit and cannot be steered to these units.

PHA Policy
To expedite the leasing process, the PHA may pre-inspect available units that veterans may be interested in leasing to maintain a pool of eligible units. If a VASH family selects a unit that passed a HQS pre-inspection (without intervening occupancy) within 45 days of the date of the RTA, the unit may be approved provided that it meets all other conditions under 24 CFR 982.305. The veteran will be free to select his or her unit.

When a pre-inspected unit is not selected, the PHA will make every effort to fast-track the inspection process, including adjusting the normal inspection schedule for both initial and any required reinspections.
18-III.F. PORTABILITY [FR Notice 3/23/12 and Notice PIH 2011-53] General Requirements
Portability policies under VASH depend on whether the family wants to move within or outside of the initial VA facility’s catchment area (the area in which the VAMC or CBOC operates). In all cases, the initial VA facility must be consulted prior to the move and provide written confirmation that case management will continue to be provided in the family’s new location. VASH participant families may only reside in jurisdictions that are accessible to case management services, as determined by case managers at the partnering VAMC or CBOC.

Under VASH, applicant families may move under portability even if the family did not have legal residency in the jurisdiction of the initial PHA when they applied. As a result, PHA policies in Section 10-II.B. about nonresident applicants do not apply.

If the family no longer requires case management, there are no portability restrictions. Normal portability rules apply.

Portability within the Initial VAMC’s Catchment Area
A VASH family can move within the VAMC’s catchment area as long as case management can still be provided, as determined by the VA. If the initial PHA’s partnering VAMC will still provide the case management services, the receiving PHA must process the move in accordance with portability procedures:
• If the receiving PHA has been awarded VASH vouchers, it can choose to either bill the initial PHA or absorb the family if it has a VASH voucher available to do so. - If the PHA absorbs the family, the VAMC or CBOC providing the initial case management must agree to the absorption and the transfer of case management. • If the receiving PHA does not administer a VASH program, it must always bill the initial PHA.

Portability Outside of the Initial VAMC’s Catchment Area

HCV Administrative Plan

Administrative Plan-HCV Program 18-19 Revised 10/31/2024 If a family wants to move to another jurisdiction where it will not be possible for the initial PHA’s partnering VAMC or CBOC to provide case management services, the initial VAMC must first confirm that the new VAMC has an available VASH case management slot and the new VAMC’s partner PHA has an available VASH voucher.

After acceptance of the veteran by the new VAMC, the new VAMC will refer the veteran to its partner PHA. In these cases, the family must be absorbed by the receiving PHA either as a new admission or as a portability move-in, as applicable. Upon absorption, the initial PHA’s VASH voucher will be available to lease to a new VASH-eligible family, and the absorbed family will count toward the number of VASH slots awarded to the receiving PHA.
18-III.G. TERMINATION OF ASSISTANCE [FR Notice 3/23/12] With the exception of terminations for failure to receive case management, HUD has not established any alternative requirements for termination of assistance for VASH participants. However, prior to terminating VASH participants, HUD strongly encourages PHAs to exercise their discretion under 24 CFR 982.552(c)(2) as outlined in Section 12-II.D. of this policy and consider all relevant circumstances of the specific case. This includes granting reasonable accommodations for persons with disabilities, as well as considering the role of the case manager and the impact that ongoing case management services can have on mitigating the conditions that led to the potential termination.

VASH participant families may not be terminated after admission for a circumstance or activities that occurred prior to admission and were known to the PHA but could not be considered at the time of admission due to VASH program requirements. The PHA may terminate the family’s assistance only for program violations that occur after the family’s admission to the program.

Cessation of Case Management
As a condition of receiving HCV rental assistance, a HUD-VASH-eligible family must receive case management services from the VAMC or CBOC. A VASH participant family’s assistance must be terminated for failure to participate, without good cause, in case management as verified by the VAMC or CBOC.

However, a VAMC or CBOC determination that the participant family no longer requires case management is not grounds for termination of assistance and the family is still eligible for assistance under the HCV program. In such a case, at its option, the PHA may offer the family continued HCV assistance through one of its regular vouchers. If the PHA has no voucher to offer, the family will retain its VASH voucher until such time as the PHA has an available voucher for the family.

VAWA [HUD VASH Qs and As and Notice PIH 2017-08]
When a veteran’s family member is receiving protection under VAWA because the veteran is the perpetrator of domestic violence, dating violence, sexual assault, or stalking, the victim must continue to be assisted. Upon termination of the perpetrator’s VASH assistance, the victim should be given a regular HCV if one is available, and the perpetrator’s VASH voucher should be used to serve another eligible veteran family. If a regular HCV is not available, the victim will continue to use the VASH voucher even after the perpetrator’s assistance is terminated.
18-III.H. PROJECT-BASING VASH VOUCHERS
General Requirements [Notice PIH 2017-21]
The PHA may administer project-based VASH vouchers under two circumstances. First, PHAs are authorized to project-base their tenant-based VASH vouchers without additional HUD review or

HCV Administrative Plan

Administrative Plan-HCV Program 18-20 Revised 10/31/2024 approval in accordance with Notice PIH 2017-21 and all PBV program requirements provided that the VAMC will continue to make supportive services available. Second, since 2010, HUD has awarded VASH vouchers specifically for project-based assistance in the form of PBV HUD-VASH set-aside vouchers. While these vouchers are excluded from the PBV program cap as long as they remain under PBV HAP contract at the designated project, all other VASH vouchers are subject to the PBV program percentage limitation discussed in Section 17-I.A.

If the PHA project-bases VASH vouchers, the PHA must retain documentation of the partnering VAMC’s support. Policies for VASH PBV units will generally follow PHA policies for the standard PBV program as listed in Chapter 17, with the exception of the moves policy listed below.

Moves [HUD-VASH Qs and As]
When a VASH PBV family is eligible to move from its PBV unit in accordance with Section 17-VIII.C. of this policy, but there is no other comparable tenant-based rental assistance, the following procedures must be implemented:
• If a VASH tenant-based voucher is not available at the time the family wants (and is eligible) to move, the PHA may require the family to wait for a VASH tenant-based voucher for a period not to exceed 180 days;
• If a VASH tenant-based voucher is still not available after that period, the family must be allowed to move with its VASH voucher, and the PHA is required to replace the assistance in the PBV unit with one of its regular vouchers, unless the PHA and owner agree to remove the unit from the HAP contract; and
• If after 180 days, a VASH tenant-based voucher does not become available and the PHA does not have sufficient available funding in its HCV program to attach assistance to the PBV unit, the family may be required to remain in its PBV unit until such funding becomes available. In determining if funding is insufficient, the PHA must take into consideration its available budget authority, which also includes unspent prior year HAP funds in the PHA’s Net Restricted Assets account.

HCV Administrative Plan

Administrative Plan-HCV Program 18-21 Revised 10/31/2024 PART IV: MAINSTREAM VOUCHER PROGRAM
18-IV.A. PROGRAM OVERVIEW [Notice PIH 2020-01]
Mainstream vouchers assist non-elderly persons with disabilities and their families in the form of either project-based or tenant-based voucher assistance.

Aside from separate funding appropriations and serving a specific population, Mainstream vouchers follow the same program requirements as standard vouchers. The PHA does not have special authority to treat families that receive a Mainstream voucher differently from other applicants and participants.

For example, the PHA cannot apply different payment standards, establish conditions for allowing portability, or apply different screening criteria to Mainstream families.

The Mainstream voucher program, (previously referred to as the Mainstream 5-Year program or the Section 811 voucher program) was originally authorized under the National Affordable Housing Act of 1990. Mainstream vouchers operated separately from the regular HCV program until the passage of the Frank Melville Supportive Housing Investment Act of 2010. Funding for Mainstream voucher renewals and administrative fees was first made available in 2012. In 2017 and 2019, incremental vouchers were made available for the first time since the Melville Act (in addition to renewals and administrative fees), and PHAs were invited to apply for a competitive award of Mainstream vouchers under the FY17 and FY19 NOFAs. In 2020, Notice PIH 2020-22 provided an opportunity for any PHA administering an HCV program to apply for Mainstream vouchers noncompetitively, while Notice PIH 2020-09 authorized an increase in Mainstream voucher units and budget authority for those PHAs already awarded Mainstream vouchers under the FY17 and FY19 NOFAs.

Funds for Mainstream vouchers may be recaptured and reallocated if the PHA does not comply with all program requirements or fails to maintain a utilization rate of 80 percent for the PHA’s Mainstream vouchers.

HCV Administrative Plan

Administrative Plan-HCV Program 18-22 Revised 10/31/2024 18-IV.B. ELIGIBLE POPULATION [Notice PIH 2020-01 and Notice PIH 2020-22] All Mainstream vouchers must be used to serve non-elderly persons with disabilities and their families, defined as any family that includes a person with disabilities who is at least 18 years old and not yet 62 years old as of the effective date of the initial HAP contract. The eligible disabled household member does not need to be the head of household.

The definition of person with disabilities for purposes of Mainstream vouchers is the statutory definition under section 3(b)(3)(E) of the 1937 Act, which is the same as is used for allowances and deductions in the HCV program and is provided in Exhibit 3-1 of this policy.

Existing families receiving Mainstream vouchers, where the eligible family member is now age 62 or older, will not “age out” of the program as long as the family was eligible on the day it was first assisted under a HAP contract.

The PHA may not implement eligibility screening criteria for Mainstream vouchers that is different from that of the regular HCV program.
18-IV.C. PARTNERSHIP AND SUPPORTIVE SERVICES [Notice PIH 2020-01] PHAs are encouraged but not required to establish formal and informal partnerships with a variety of organizations that assist persons with disabilities to help ensure eligible participants find and maintain stable housing.
18-IV.D. WAITING LIST ADMINISTRATION
General Waiting List Requirements [Notice PIH 2020-01 and Mainstream Voucher Basics Webinar, 10/15/20]
PHAs must not have a separate waiting list for Mainstream voucher assistance since the PHA is required by the regulations to maintain one waiting list for tenant-based assistance [24 CFR 982.204(f)]. All PHA policies on opening, closing, and updating the waiting list, as well as waiting list preferences in Chapter 4, apply to the Mainstream program.

When the PHA is awarded Mainstream vouchers, these vouchers must be used for new admissions to the PHA’s program from the waiting list. The PHA must lease these vouchers by pulling the first Mainstream-eligible family from its tenant-based waiting list. PHAs are not permitted to reassign existing participants to the program in order to make regular tenant-based vouchers available. Further, the PHA may not skip over Mainstream-eligible families on the waiting list because the PHA is serving the required number of Mainstream families.

Upon turnover, vouchers must be provided to Mainstream-eligible families. If a Mainstream turnover voucher becomes available, the PHA must determine if the families at the top of the waiting list qualify under program requirements.

Admission Preferences [Notice PIH 2020-01; FY17 Mainstream NOFA; FY19 Mainstream NOFA] If the PHA claimed points for a preference in a NOFA application for Mainstream vouchers, the PHA must adopt a preference for at least one of the targeted groups identified in the NOFA.

HCV Administrative Plan

Administrative Plan-HCV Program 18-23 Revised 10/31/2024 18-IV.E. PORTABILITY [Notice PIH 2020-01 and Mainstream Voucher Basics Webinar, 10/15/20]
Mainstream voucher participants are eligible for portability under standard portability rules and all PHA policies regarding portability in Chapter 10, Part II apply to Mainstream families.

The following special considerations for Mainstream vouchers apply under portability:
• If the receiving PHA has a Mainstream voucher available, the participant may remain a Mainstream participant.
- If the receiving PHA chooses to bill the initial PHA, then the voucher will remain a Mainstream voucher.
- If the receiving PHA chooses to absorb the voucher, the voucher will be considered a regular voucher, or a Mainstream voucher if the receiving PHA has a Mainstream voucher available, and the Mainstream voucher at the initial PHA will be freed up to lease to another Mainstream- eligible family.
• If the receiving PHA does not have a Mainstream voucher available, the participant may receive a regular voucher.
18-IV.F. PROJECT-BASING MAINSTREAM VOUCHERS [FY19 Mainstream Voucher NOFA Q&A]
The PHA may project-base Mainstream vouchers in accordance with all applicable PBV regulations and PHA policies in Chapter 17. PHAs are responsible for ensuring that, in addition to complying with project-based voucher program requirements, the project complies with all applicable federal nondiscrimination and civil rights statutes and requirements. This includes, but is not limited to, Section 504 of the Rehabilitation Act (Section 504), Titles II or III of the Americans with Disabilities (ADA), and the Fair Housing Act and their implementing regulations at 24 CFR Part 8; 28 CFR Parts 35 and 36; and 24 CFR Part 100. Mainstream vouchers are subject to the PBV program percentage limitation discussed in Section 17-I.A.

HCV Administrative Plan

Administrative Plan-HCV Program 18-24 Revised 10/31/2024 PART V: NON-ELDERLY DISABLED (NED) VOUCHERS
18-V.A. PROGRAM OVERVIEW [Notice PIH 2013-19]
NED vouchers help non-elderly disabled families lease suitable, accessible, and affordable housing in the private market. Aside from separate funding appropriations and serving a specific population, NED vouchers follow the same program requirements as standard vouchers. The PHA does not have special authority to treat families that receive a NED voucher differently from other applicants and participants.

Some NED vouchers are awarded to PHAs through competitive NOFAs. The NOFA for FY2009 Rental Assistance for NED made incremental funding available for two categories of NED families:
• Category 1 vouchers enable non-elderly persons or families with disabilities to access affordable housing on the private market.
• Category 2 vouchers enable non-elderly persons with disabilities currently residing in nursing homes or other healthcare institutions to transition into the community. PHAs with NED Category 2 vouchers were required to partner with a state Medicaid or health agency or the state Money Follows the Person (MFP) Demonstration agency.

Since 1997, HCVs for NED families have been also awarded under various special purpose HCV programs: Rental Assistance for Non-Elderly Persons with Disabilities in Support of Designated Housing Plans (Designated Housing), Rental Assistance for Non-Elderly Persons with Disabilities Related to Certain Types of Section 8 Project-Based Developments (Certain Developments), One-Year Mainstream Housing Opportunities for Persons with Disabilities, and the Project Access Pilot Program (formerly Access Housing 2000).
• Designated Housing vouchers enable non-elderly disabled families, who would have been eligible for a public housing unit if occupancy of the unit or entire project had not been restricted to elderly families only through an approved Designated Housing Plan, to receive rental assistance. These vouchers may also assist non-elderly disabled families living in a designated unit/project/building to move from that project if they so choose. The family does not have to be listed on the PHA’s voucher waiting list. Instead, they may be admitted to the program as a special admission. Once the impacted families have been served, the PHA may begin issuing these vouchers to non-elderly disabled families from their HCV waiting list. Upon turnover, these vouchers must be issued to non- elderly disabled families from the PHA’s HCV waiting list. • Certain Developments vouchers enable non-elderly families having a person with disabilities, who do not currently receive housing assistance in certain developments where owners establish preferences for, or restrict occupancy to, elderly families, to obtain affordable housing. These non- elderly families with a disabled person do not need to be listed on the PHA’s HCV waiting list in order to be offered and receive housing choice voucher rental assistance. It is sufficient that these families' names are on the waiting list for a covered development at the time their names are provided to the PHA by the owner. Once the impacted families have been served, the PHA may begin issuing these vouchers to non-elderly disabled families from their HCV waiting list. Upon turnover, these vouchers must be issued to non-elderly disabled families from the PHA’s HCV waiting list.
• One-Year Mainstream Housing Opportunities for Persons with Disabilities (One-Year Mainstream) vouchers enable non-elderly disabled families on the PHA’s waiting list to receive a

HCV Administrative Plan

Administrative Plan-HCV Program 18-25 Revised 10/31/2024 voucher. After initial leasing, turnover vouchers must be issued to non-elderly disabled families from the PHA’s voucher waiting list.
18-V.B. ELIGIBLE POPULATION
General Requirements [Notice PIH 2013-19]
Only eligible families whose head of household, spouse, or cohead is non-elderly (under age 62) and disabled may receive a NED voucher. Families with only a minor child with a disability are not eligible.

In cases where the qualifying household member now qualifies as elderly due to the passage of time since the family received the NED voucher, existing NED participant families do not “age out,” as the family was eligible on the day it was first assisted under a housing assistance payments (HAP) contract.

The definition of person with disabilities for purposes of NED vouchers is the statutory definition under Section 3(b)(3)(E) of the 1937 Act, which is the same as is used for allowances and deductions in the HCV program and is provided in Exhibit 3-1 of this policy.

The PHA may not implement eligibility screening criteria for NED vouchers that is different from that of the regular HCV program.

NED Category 2 [Notice PIH 2013-19 and NED Category 2 FAQs] In addition to being eligible for the PHA’s regular HCV program and a non-elderly person with a disability, in order to receive a Category 2 voucher, the family’s head, spouse, cohead, or sole member must be transitioning from a nursing home or other healthcare institution and provided services needed to live independently in the community.

Nursing homes or other healthcare institutions may include intermediate care facilities and specialized institutions that care for those with intellectual disabilities, developmentally disabled, or mentally ill, but do not include board and care facilities (e.g., adult homes, adult day care, adult congregate living).

The PHA cannot limit who can apply to just those persons referred or approved by a Money Follows the Person (MFP) Demonstration agency or state health agency. Other individuals could be placed on the waiting list if they can show, with confirmation by an independent agency or organization that routinely provides such services (this can be the MFP or partnering agency, but need not be), that the transitioning individual will be provided with all necessary services, including care or case management.

For each Category 2 family, there must be documentation (e.g., a copy of a referral letter from the partnering or referring agency) in the tenant file identifying the institution where the family lived at the time of voucher issuance.
18-V.C. WAITING LIST
General Requirements [Notice PIH 2013-19]
Families must be selected for NED vouchers from the PHA’s waiting list in accordance with all applicable regulations and PHA policies in Chapter 4.

Regardless of the number of NED families the PHA is required to serve, the next family on the waiting list must be served. Further, the PHA may not skip over NED-eligible families on the waiting list because the PHA is serving the required number of NED families.

HCV Administrative Plan

Administrative Plan-HCV Program 18-26 Revised 10/31/2024 NED Category 2 Referrals [NED Category 2 FAQs]
For NED Category 2 families, the partnering agency may make referrals of eligible families to the PHA for placement on the waiting list. The PHA will then select these families from the waiting list for voucher issuance. Because language in the NOFA established that vouchers awarded under the NOFA must only serve non-elderly disabled families transitioning from institutions, the PHA does not need to establish a preference in order to serve these families ahead of other families on the PHA’s waiting list.

PHAs must accept applications from people living outside their jurisdictions or from people being referred from other Medicaid or MFP service agencies in their state.

If the PHA’s waiting list is closed, the PHA must reopen its waiting list to accept referrals from its partnering agency. When opening the waiting list, PHAs must advertise in accordance with 24 CFR 982.206 and PHA policies in Section 4-II.C. In addition, the PHA must ensure that individuals living in eligible institutions are aware when the PHA opens its waiting list by reaching out to social service agencies, nursing homes, intermediate care facilities and specialized institutions in the local service area.

Reissuance of Turnover Vouchers [Notice PIH 2013-19]
All NED turnover vouchers must be reissued to the next NED family on the PHA’s waiting list with the following exception: A Category 2 voucher must be issued to another Category 2 family upon turnover if a Category 2 family is on the PHA’s waiting list. If there are no Category 2 families on the PHA’s waiting list, the PHA must contact its partnering agency as well as conduct outreach through appropriate social service agencies and qualifying institutions to identify potentially eligible individuals. Only after all means of outreach have been taken to reach Category 2 families can the PHA reissue the voucher to another Category 2 NED family on the PHA’s waiting list. Any subsequent turnover of that voucher must again be used for a Category 2 family on the PHA’s waiting list, and the PHA is under the same obligation to conduct outreach to Category 2 families if no such families are on the PHA’s waiting list.

For PHAs that received both Category 1 and Category 2 vouchers, if at any time the PHA is serving fewer Category 2 families than the number of Category 2 HCVs awarded under the NOFA, when a Category 2 family applies to the waiting list and is found eligible, the PHA must issue the next NED voucher to that family. HUD monitors the initial leasing and reissuance of Category 2 HCVs. These vouchers may be recaptured and reassigned if not leased properly and in a timely manner.

All NED vouchers should be affirmatively marketed to a diverse population of NED-eligible families to attract protected classes least likely to apply. If at any time following the turnover of a NED HCV a PHA believes it is not practicable to assist NED families, the PHA must contact HUD. 18-V.D. LEASE UP [Notice PIH 2013-19]
Briefings
In addition to providing families with a disabled person a list of accessible units known to the PHA, HUD encourages, but does not require, PHAs to provide additional resources to NED families as part of the briefing.

Voucher Term
While the PHA is not required to establish different policies for the initial term of the voucher for NED vouchers, HUD has encouraged PHAs with NED vouchers to be generous in establishing reasonable initial search terms and subsequent extensions for families with a disabled person.

HCV Administrative Plan

Administrative Plan-HCV Program 18-27 Revised 10/31/2024 Special Housing Types [Notice PIH 2013-19 and NED Category 2 FAQs] In general, a PHA is not required to permit families to use any of the special housing types and may limit the number of families using such housing. However, the PHA must permit the use of a special housing type if doing so provides a reasonable accommodation so that the program is readily accessible to and usable by a person with disabilities.

Such special housing types include single room occupancy housing, congregate housing, group homes, shared housing, cooperative housing, and manufactured homes when the family owns the home and leases the manufactured home space.

Persons with disabilities transitioning out of institutional settings may choose housing in the community that is in a group or shared environment or where some additional assistance for daily living is provided for them on site. Under HUD regulations, group homes and shared housing are considered special housing types and are not excluded as an eligible housing type in the HCV program. Assisted living facilities are also considered eligible housing under the normal HCV program rules, as long as the costs for meals and other supportive services are not included in the housing assistance payments (HAP) made by the PHA to the owner, and as long as the person does not need continual medical or nursing care. 18-V.E. PORTABILITY [NED Category 2 FAQs]
NED voucher participants are eligible for portability under standard portability rules and all PHA policies regarding portability in Chapter 10, Part II apply to NED families. However, the PHA may, but is not required to, allow applicant NED families to move under portability, even if the family did not have legal residency in the initial PHA’s jurisdiction when they applied.

Agenda Item No: U.1

AGENDA REPORT
DATE: December 17, 2024

TO: Mayor and Council

FROM: David Gassaway, City Manager

SUBJECT: Approval of Meeting Minutes for November 2024

Funding Source: N/A

Contact: Esther Beavers, (707) 428-7402

RECOMMENDED ACTION
Approve the meeting minutes.

STATEMENT OF ISSUE
Minutes need approval by the City Council.

DISCUSSION
The City Council Minutes for November 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.

COORDINATED WITH
City Attorney’s Office

STAFF CONTACT
Esther Beavers, Deputy City Clerk
(707) 428-7402
[email protected]

ATTACHMENTS
Attachment 2: 2024-11-19 Closed Session Minutes
Attachment 3: 2024-11-19 City Council Minutes

CITY OF FAIRFIELD

CLOSED SESSION MEETING

SPECIAL MEETING
TUESDAY, NOVEMBER 19, 2024; 5:30 PM
CITY HALL, CITY MANAGER'S OFFICE, 1000 WEBSTER STREET, 4TH FLOOR, FAIRFIELD, CA 94533 OR VIA ZOOM

MINUTES

CALL TO ORDER

Vice Mayor Pam Bertani called the meeting to order at 5:30 p.m. City Attorney David Lim called roll.

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

Patrice Williams, and Vice-Mayor Pam Bertani. Mayor Catherine “Cat” Moy was absent.

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

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

1. THREAT TO PUBLIC SERVICES OR FACILITIES
(Government Code section 54957(A))
RE: CYBERSECURITY AND WATER INFRASTRUCTURE
Present were City Manager David Gassaway, City Attorney David Lim, Assistant City Attorney Julia Shakoori, Assistant City Manager Savita Chaudhary, Public Works Director Sanjay Mishra, and City Staff members Eudora Fleishman and Michael Hether.

The City Council came out of closed session.

Vice Mayor Bertani adjourned the meeting at 5:56 p.m.

______________________________
City Attorney
________________________________
Vice Mayor

CITY OF FAIRFIELD

FAIRFIELD CITY COUNCIL
TUESDAY, NOVEMBER 19, 2024; 6:00 PM
HARRY T. PRICE MEMORIAL COUNCIL CHAMBER, 1000
WEBSTER STREET, FAIRFIELD, CA 94533 OR VIA ZOOM

MINUTES

CALL TO ORDER

Vice Mayor Pam Bertani called the meeting to order at 6:02 p.m.

ROLL CALL

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

INVOCATION

Chaplain Colonel Heather Bodwell of Travis Air Force Base gave an invocation.

PLEDGE OF ALLEGIANCE

Councilmember Vaccaro led the Pledge of Allegiance.

COUNCIL REPORTS

Councilmember Williams reported that she attended the Water Education Foundation T our in Sacramento October 16-18. The tour explored the Sacramento River and its tributaries while learning about the issues associated with a key source for the state’s water supply (flood districts, infrastructure, fish hatcheries , etc.) She thanked Public Works Assistant Director (Utilities) Michael Hether for his expertise and assistance during the tour.

Councilmember Tonnesen reported that he, Councilmembers Carr, Panduro, and Williams attended the Habitat for Humanity dedication cere mony of three new homeowners on November 16. The homeowners helped build their own homes, each family contributing 500 hours of sweat equity during the construction phase. He said the families were very deserving of these homes.

Councilmember Vaccaro thanked all the City staff who coordinated the Veterans Day Parade. He said it was a great event, as always, and is his last as a councilmember.

Councilmember Panduro reported that she and Councilmember Tonnesen took a n amazing tour of Amcor Rigid Plastics recycling plant in October, a business in Fairfield’s Industrial Park. She also attended the Solano Hispanic Chamber Gala, “A Night to Remember ,” on November 8 at the Suisun Veterans Memorial Building , where four deserving stu dents were awarded $1,000 scholarships and local businesses were recognized for excellence.

Councilmember Carr attended the quarterly Homeless Roundtable held at the Fairfield Community Center on November 13. These meetings are open to the public, and the next one is February 12, 2025.

For information, contact Homeless Services Manager Samantha Burrows at [email protected].

Vice Mayor Bertani reported she attended the Veterans Day Commemoration Ceremony and Concert at the Downtown Theatre and that it was well attended. Next, she thanked all volunteers and churches that participated in the Clergy Action Network’s Thanksgiving meal that served over 250 people earlier at the Community Center. She said her heart was full of gratitude!

CITY MANAGER REPORT

City Manager David Gassaway recommended that council hear Item 17 before Item 16 this evening , from a procedural standpoint. He asked that the community come out and celebrate the Holiday Tree Lighting on December 6 and the Menorah Lighting on December 26 in downtown Fairfield. He shared that the Fairfield Community Services Foundation’s Kids Toys and Coats Drive was in full operation and that there were donation bins at all City facilities and around town . Next, he reported there were sandbag stations at the City’s Corporation Yard set up for the incoming atmospheric river rainstorm.

Lastly, he introduced and welcomed the new Public Works Director, Sanjay Mishra.

CITY ATTORNEY REPORT

City Attorney David Lim reported that on Items 18 and 19, public hearing appeals on land use for 18) City Church, and 19) Super 8 Motel, he would step off the dais--as by law he cannot advise both City staff and City Council on those matters. He stated he would provide legal counsel to City staff and private Attorney Joanne Tran would move to the dais to advise Council.

CITY CLERK REPORT

City Clerk Karen Rees reported that there were several seats open on various City committees:

Landscape Oversight Committee, Golf Advisory Board, Rockville Hills Regional Park Citizen Advisory Committee, and the Community Development Block Grant (CDBG) Advisory Committee.

PRESENTATIONS

1. Veterans Day Parade Awards Presented by Parks & Recreation Coordinator Juan Segura and Program Specialist Sandra Reyes.

2. Poem and Proclamation Declaring Native Americans Day presented by Poet Laureate Suzanne Bruce and Vice Mayor Bertani to Alejandro Cabrera, Government Affairs Manager of Yocha Dehe Wintun Nation.

3. Proclamation Declaring Small Business Saturday Presented by Councilmember K. Patrice Williams to President and CEO Tim Murrill of Solano-Napa Small Business Development Center.

4. Solano Economic Development Corporation overview by President and CEO Chris Rico.

PUBLIC COMMENTS

Jeff Trager spoke about upcoming events at the Downtown Theatre.

Tony Mras spoke about Solano tennis.

CONSENT CALENDAR

5. Approval of Meeting Minutes for October 2024

6. Resolution 2024­260 of the City Council of the City of Fairfield Canceling January 7 and Page 607 of 977 October 7, 2025, City Council Meetings

7. Second Reading and Adoption of Ordinance 2024­09 of the City Council of the City of Fairfield Amending and Restating Ordinance No. 2023­05 and Levying Special Taxes within the City of Fairfield Community Facilities District No. 2023­1 (One Lake Planning Area 5)

8. Resolution 2024­261 of the City Council of the City of Fairfield Accepting the Landscape Improvements for the Villages at Fairfield – Village II – Lot 3 Subdivision as Complete

9. Resolution 2024­262 of the City Council of the City of Fairfield Accepting the Improvements for the Villages at Fairfield – Village II – Lot 3 Master Infrastructure as Complete

10. Resolution 2024­263 of the City Council of the City of Fairfield Accepting the Landscape Improvements for the Villages at Fairfield – Village II – Lot 4 Subdivision as Complete

11. Resolution 2024­264 of the City Council of the City of Fairfield Approving Amendment No. 1 to the Existing Contractor Service Agreement with True North Landscapes, LLC for Landscape Maintenance Services in the Landscaping and Lighting Maintenance District No. 10 ­ Southbrook and Authorizing an Update to the Fiscal Year 2024­2025 Budget for Landscaping and Lighting Maintenance District No. 10 ­ Southbrook

12. Resolution 2024­265 of the City Council of the City of Fairfield Approving the Plans and Specifications and Awarding a Contract to C. Overaa & Co. for the Waterman Water Treatment Plant High Lift Pump and Power Upgrade Project; and

Resolution 2024­266 of the City Council of the City of Fairfield Authorizing the City Manager to Execute a Professional Services Agreement for Coastland Civil Engineering, LLP to Provide Engineering Services During Construction for the Waterman Water Treatment Plant High Lift Pump and Power Upgrade Project

13. Resolution 2024­267 of the City Council of the City of Fairfield Authorizing a Professional Services Agreement with West Yost Associates to U pdate the City’s Water System Risk and Resiliency Assessment and Water System Emergency Response Plan

14. Resolution 2024­268 of the City Council of the City of Fairfield Approving a Memorandum of Understanding Between the City of Fairfield and the Travis Unified School District Authorizing Fairfield to Provide a Contract Service for an After­School Program at Center Elementary

Councilmember Vaccaro m ade a motion to approve the consent calendar. Councilmember Carr seconded the motion. The motion carried unanimously (6-0).

NEW BUSINESS

15. Measure P Oversight Committee Annual Report Presented by Committee Chair Steve Vancil

Council received the report and thanked Chair Vancil and committee members for their oversight. Visit www.fairfield.ca.gov/measurep to access the full report and brochure. No action taken on this item.

Per City Manager Gassaway, Item 17 will be heard before Item 16.

PUBLIC HEARINGS

17. Principal Planner Meily Sheehan recommended to Council that it open the Public Hearing and; approve Resolution 2024­269 of the City Council of the City of Fairfield Approving an Amendment Request to the Train Station Specific Plan (SP2022­001).

Vice Mayor Bertani opened the public hearing. David Stroud spoke on Item 17. Vice Mayor Bertani closed the public hearing.

Councilmember Carr made a motion to approve Resolution 2024-269. Councilmember Panduro seconded the motion. The motion carried unanimously (6-0).

16. Principal Planner Meily Sheehan recommended to Council that it open the Public Hearing and; approve First Reading and Introduction of Ordinance 2024­10 of the City Council of the City of Fairfield Approving the Sixth Amendment to the Amended and Restated Development Agreement Between the City of Fairfield and Canon Partners LLC Regarding Land in the Train Station Specific Plan Area.

Vice Mayor Bertani opened the public hearing. David Stroud spoke on Item 16. Vice Mayor Bertani closed the public hearing.

Councilmember Vaccaro made a motion to waive the full reading, read by title only, and introduce Ordinance 2024-10 for first reading. Councilmember Tonnesen seconded the motion. The motion carried unanimously (6-0).

18. Principal Planner Meily Sheehan recommended to Council that it open the Public Hearing and; approve Resolution 2024­270 of the City Council of the City of Fairfield Partially Overturning the Planning Commission’s Decision, and Approving a Conditional Use Permit (UP2024­005) to Operate a ‘School, Social and Personal Development’ and a Conditional Use Permit (UP2024­006) to Operate a ‘Office, Medical’ at 743 East Tabor Avenue (0037­020­460), with Conditions to Resolve Outstanding Administrative Citations Prior to Operation.

Private attorney Joanne Tran staffed the City Council on this matter.

Vice Mayor Bertani opened the public hearing. City Staffmember Ms. Sheehan made a presentation along with City Attorney David Lim on behalf of City Staff. Attorney for City Church Matt McReynolds makde a presentation on behalf of City Chruc. The following individuals also spoke on Item 18: City Church Pastor Scott Mulvey (appellant), Rochelle Conner, Denise Johnson, John Takeuchi, Jason Victor, Jamie Rodriguez, Verne, Tonya Van Houk, Bob Thomas, Deb Trefethen, Henry Costa, Tim Deming, Peter Horn, Richard West, Nora Dizon, Geneva Miller, Lorenzo Perez, Lucia Morales, Dr. Jerry Cline, Valerie Santos, Elizabeth Butler, Carlton L., Joe Joyce (online).

After a lengthy discussion and comments from Councilmembers, including additional questions and testimony from both parties, various motions and counter-motions were made by Councilmembers, none of which were adopted.

Ultimately, Councilmember Tonnesen made a motion to adopt Resolution 2024-270, partially overturning the Planning Commission’s decision and approving the Use Permits with the conditions to requir e all administrative citations be resolved prior to operation restored and allow staff to negotiate with City Church as to the terms and timeline. Councilmember Carr seconded the motion. The motion carried 5-1 with Vice Mayor Bertani voting no.

Vice Mayor Bertani called for a 10-minute recess.

After a break, Vice Mayor Bertani called the meeting back to order.

19. Director of Finance John Furtado recommended to Council that it open the Public Hearing and; vote on Resolution 2024­271 of the City Council of the City of Fairfield [Appr oving/Sustaining] [Denying/Overruling] the Appeal of the City of Fairfield Administrative Hearing Determination Regarding Interest on Delinquent Transient Occupancy and Tourism Tax Assessment/ Quality Inn Previously Known as Super 8 Motel Located at 2170 North Texas Street, Fairfield, CA 94533­ 3204 Owners: Shri Guru Hari, LLC, Shri Mahant, LLC, and Marie Parunjanwala.

Private attorney Joanne Tran staffed the City Council on this matter.

Vice Mayor Bertani opened the public hearing. Sunny Khatri and Neville Parujanwala spoke on Item 19.

Vice Mayor Bertani closed the public hearing. City Council asked additional questions to both Mr. Khatri, Mr. Parujanwala, and Mr. Furtado.

Councilmember Tonnesen made a motion to approve Resolution 2024 -271 Denying / Overruling the Appeal and uphold ing staff’s recommendation. Councilmember Vaccaro seconded the motion. The motion passed 5-0-1 with Councilmember Williams abstaining.

ADJOURNED MEETING AT 10:17 P.M. TO TUESDAY, DECEMBER 3, 2024, 6:00 P.M., HARRY T. PRICE MEMORIAL COUNCIL CHAMBER.

__________________________________
City Clerk

_________________________
Vice Mayor

Agenda Item No: U.2

AGENDA REPORT
DATE: December 17, 2024

TO: Mayor and Council

FROM: David Gassaway, City Manager

SUBJECT: Resolution 2024-283

Authorizing the City Manager to Execute a Memorandum of Understanding Between the City of Fairfield and Change and New Beginnings to Provide Unsheltered Street Outreach Services

Funding Source: $750,000; General Fund

Contact: April Cobb, (707) 428-7609

RECOMMENDED ACTION
Adopt resolution.

STATEMENT OF ISSUE
The Homeless Services Division (HSD), in partnership with the Fairfield Police Department (FPD) and Fairfield Housing Services Department, is seeking to enter into a Memorandum of Understanding (MOU) with Change and New Beginnings for Unsheltered Street Outreach Services to individuals who are unhoused or at risk of being unhoused.

DISCUSSION
On September 30, 2024, the Homeless Services Division released a Request for Proposals (RFP) for Unsheltered Street Outreach and Tenancy Support Services. The total amount of funding available for this R FP is $950,000. Street Outreach positions are based on a three -year period with $250,000 in funding for each year through general funds. Tenancy Support Services is funded through State funds with $200,000 awarded to the Housing Services Department through Pro-housing Incentive Program ending in February 2027. This RFP will have two separate contracts. HSD will oversee Unsheltered Street Outreach Services, and the Housing Services Department will provide oversight for Tenancy Support Services.

On October 23, 2024, HSD received four applications for Unsheltered Outreach Services and two applications for Tenancy Support Services. Of the four applications, one proposal was determined not to meet the requirements for unhoused street outreach or tenancy support services.

Outreach Services Total Amount Requested
Caminar $750,000
Change and New Beginnings (CANB) $750,000
Mission Samoa $200,000
Nuway Express $843,500

Tenancy Support Services Total Amount Requested
Caminar $200,000
Change and New Beginnings $200,000

On November 12, 2024, a Rank and Review Panel, consisting of HSD, Fairfield Police Department Homeless Intervention Team (HIT), Housing Services Department, Fairfield Fire Department, Public Works Homeless Engagement and Response Team (HEART), Community Development and an individual with lived experience in the City of Fairfield met by Zoom. The Panel independently reviewed and scored all applications following the scoring criteria as outlined in the RFP prior to the meeting. After meeting to discuss the applications, the Panel recommended funding Caminar for Tenancy Support Services. Caminar and CANB were ranked as top two candidates for Unsheltered Street Outreach Services. The Panel recommended an in-person interview with the two agencies for Unsheltered Street Outreach Services requesting a modified budget and asking clarifying questions.

Unsheltered
Street Outreach
Services
Caminar CANB Missions Samoa Nuway
Initial Average
Score
82 73

0 Program not
eligible
36 Tenancy Support Services Caminar CANB
Initial Average Score 83 73

On November 14, 2024, the Rank and Review Panel conducted an in -person interview with the top two candidates (Caminar and CANB) for outreach services, consisting of HSD, HIT , and the Housing Services Department to request modified budgets and ask clarifying questions regarding proposals. After the interviews, a rescore of the top two candidates was completed with Staff recommending Change and New Beginnings for Unsheltered Street Outreach Services.

Unsheltered Street Outreach
Services Caminar CANB
Final Score 84 86

On December 3, 2024, HSD Staff , along with staff from CANB and Caminar, gave a presentation to the council. After the presentations, staff asked the council to discuss and provide direction. council directed Staff to enter into an MOU with Change and New Beginnings for Unsheltered Street Outreach and Caminar for Tenancy Support Services.

FINANCIAL IMPACT
This RFP will be funded by the General Fund, Homeless Services Division, for a total not-to-exceed amount of $750,000 for a three-year period.

PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
N/A

ALTERNATIVE ACTION
The council may choose not to adopt resolut ion. This would not be recommended as this resolution aligns with the council’s goal to reduce the number of unhoused individuals and the impact of being unhoused.

COORDINATED WITH
Community Development, City Manager’s Office, Fire, Housing Services, Po lice, and Public Works.

STAFF CONTACT
April Cobb, Management Analyst
(707) 428-7609
[email protected]

ATTACHMENTS
Attachment 2: Proposed Resolution
Attachment 3: Proposed MOU

CITY OF FAIRFIELD

RESOLUTION NO. 2024-283

AUTHORIZING THE CITY MANAGER TO EXECUTE A MEMORANDUM OF UNDERSTANDING

BETWEEN THE CITY OF FAIRFIELD AND CHANGE AND NEW BEGINNINGS TO PROVIDE

UNSHELTERED STREET OUTREACH SERVICES

WHEREAS, since 2017, the City Council has adopted, implemented, and followed comprehensive policies and procedures in line with the City’s formal Homeless Strategy in order to permanently reduce homelessness; and

WHEREAS, permanently reducing the impacts of homelessness continues to be a top priority for the council. The City Council has identified development of a street outreach team as part of the City Council Strategic Goals for fiscal year 2023-2025; and

WHEREAS, according to the 2024 Solano County Homeless Point-In-Time Count, at any point in time, 1,725 individuals within Solano County are experiencing being unhoused. This population includes veterans, women, children, individuals with disabilities, senior citizens, and other vulnerable groups; and

WHEREAS, like many other cities in California, the City of Fairfield has seen a rapid and troubling growth in chronic and newly unhoused individuals over the past several years. It has been difficult to address the unhoused given the high cost of housing a nd property in the area, and the shortage of emergency, transitional, and affordable housing available in the county to serve this population; and

WHEREAS, the City desires to partner with local organization s to provide unsheltered street outreach for individuals experiencing being unsheltered within the city in order to permanently reduce the number of unhoused, and Change and New Beginnings can provide such Unsheltered Street Outreach Services.

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

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

Section 2. The city manager, or his designee, is hereby authorized to approve and execute a Memorandum of Understanding (MOU) with Change and New Beginnings to implement unsheltered street outreach services, and to do all things necessary or proper to implement the MOU. The MOU shall have a not-to-exceed amount of $750,000 ($250,000 per year for a 3-year term) and be substantially in the form of the MOU attached to the staff report associated with this resolution, with such changes as may be approved by the city attorney.

RES. NO. 2024-283

Section 3. The city manager, or his designee, is hereby authorized and directed to do all things necessary and proper to effectuate the purpose of this resolution.

Section 4. The city manager is authorized to approve amendments to the contract amount that are within the city manager’s signing authority.

Section 5. The council hereby approves a budget of $250,000 for fiscal year 2024-2025, $250,00 for fiscal year 2025-2026 and $250,000 for fiscal year 2026-2027 for unsheltered street outreach services.

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

AYES: COUNCILMEMBERS: MOY/BERTANI/CARR/PANDURO/SANDHU/TONNESEN/WILLIAMS_

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

MAYOR

ATTEST:

____________________________

CITY CLERK

Agenda Item No: U.3

AGENDA REPORT
DATE: December 17, 2024

TO: Mayor and Council

FROM: David Gassaway, City Manager

SUBJECT: Resolution 2024-284

Adopting the Parks, Recreation, Open Space Master Plan

Funding Source: N/A

Contact: Kristina Kaunzinger, (707) 428-7470

RECOMMENDED ACTION
Adopt resolution.

STATEMENT OF ISSUE
The public review period to receive comments on the draft Park s, Recreation, and Open Space Master Plan closed on October 13, 2024. Final edits have been completed, and staff seek the City Council’s formal adoption of the Plan.

DISCUSSION
In early 2023, the City of Fairfield, along with contracted consultant WRT, launched the Parks, Recreation, Open Space Master Plan initiative. Through a series of internal and s takeholder meetings, a comprehensive community engagement campaign, and several community workshops, a variety of data and feedback has been gathered which will be used in creating a comprehensive plan surrounding Fairfield’s parks and recreational program ming and park development. The Plan serves as a guide for how the city will improve, expand, repurpose, prioritize, maintain, staff, and fund Fairfield’s Park assets and recreational opportunities.

At the May 7, 2024, City Council meeting, staff presented an overview of the preliminary findings, including the key issues, themes and ideas, and park concepts developed over the previous 14 months. The council received a hardcopy summary with the option to engage in an independent interactive review and to submit responses and comments back to staff. At the June 4, 2024, City Council meeting , staff presented information regarding the full cost of operation, including current and needed levels of service. Staff also reviewed feedback results from the council’ s

Agenda Item No: U.3

independent review which were provided to our consultant in preparing the draft document. The public review period was from September 23 through October 13, 2024.

FINANCIAL IMPACT
N/A

PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
Extensive community resp onses were received throughout the PROSMP process, including various stakeholder meetings, public outreach pop -up events, community workshops, surveys, and general comments via email. Councilmembers engaged in work sessions, independent review, and group discussion/review of the draft Plan.

ALTERNATIVE ACTION
Provide additional comments or instructions for finalizing the document.

COORDINATED WITH
N/A

STAFF CONTACT
Kristina Kaunzinger, Parks & Recreation Director
(707) 428-7470
[email protected]

ATTACHMENTS
Attachment 2: Proposed Resolution
Attachment 3: Parks, Recreation, Open Space Master Plan Link

CITY OF FAIRFIELD

RESOLUTION NO. 2024-284

ADOPTING THE PARKS, RECREATION, AND OPEN SPACE MASTER PLAN

WHEREAS, in January 2023, the City of Fairfield launched the city’s first Parks, Recreation, and Open Space Master Plan initiative; and

WHEREAS, through a series of internal and stakeholder meetings, a comprehensive engagement campaign, community workshops, formal surveys, and a variety of data collection from residents; and

WHEREAS, a public review of the draft Parks, Recreation, and Open Space Ma ster plan was provided on September 23, through October 13, 2024; and

WHEREAS, the final draft of the Parks, Recreation, and Open Space Master Plan will serve as a guide for how the City will improve, expand, repurpose, prioritize, maintain, staff, and fund Fairfield’s park assets and recreational opportunities.

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

Section 1. The adoption of the 2024 Parks, Recreation, and Open Space Master Plan.

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

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

_________________________________________________
MAYOR
ATTEST:
___________________________

CITY CLERK

Attachment 3

Parks, Recreation & Open Space Master Plan: https://www.fairfield.ca.gov/government/city- departments/public-works/parks-and-open-space-master-plan#ad-image-1

Agenda Item No: U.4

AGENDA REPORT
DATE: December 17, 2024

TO: Mayor and Council

FROM: David Gassaway, City Manager

SUBJECT: Resolution 2024-285

Approving Renewal of the Small Government Enterprise Agreement with Environmental Systems Research Institute, Inc.

Funding Source: $279,750; Computer Fund

Contact: Savita Chaudhary, (707) 428-7582

RECOMMENDED ACTION
Adopt resolution.

STATEMENT OF ISSUE
The City of Fairfield (City) utilizes the Environmental Systems Research Institute’s (ESRI) Geographic Information System (GIS) for mapping and public infrastructure management purposes. The attached resolution authorizes the city manager to sign the Small Government Enterprise Agreement with ESRI, Inc. The proposed three -year agreement is the least expensive alternative for the City to obtain extensive use of ESRI GIS software and website publishing tools.

DISCUSSION
The City of Fairfield Information Technology (IT) department seeks to enter into the Small Government Enterprise Agreement with ES RI, Inc. The agreement provides site licensing for essential ESRI GIS software products and website publishing tools for three years, allowing the City to continue and expand upon our work utilizing ESRI GIS to-date.

The Small Government Enterprise Agreem ent is a crucial component in providing products for city staff to conduct real-time analytics and optimizes day-to-day decision-making.

The Enterprise License Agreement provides:
 Lower costs per unit for licensed software

 Substantial reduced administrative and procurement expenses  Maintenance on all ESRI software deployed under this agreement  Complete flexibility to deploy software products when and where needed

Since 2013, City Council has authorized entering a Small Government Enterprise Agreement with ESRI, Inc. for 3-year terms. As a result, the City has been able to deploy products without license cost limitations such as, but not limited to:
 Mobile mapping products for Public Works staff to input and view utility-related data in the field.
 Mobile mapping products for city contractors to maintain city assets instead of static maps and Excel data.
 Mapping products for other departmental software integrations (Public Works/Community Development – Central Square TrakIT, EnerGov, Fire- Tablet Command, Police- RIMS Computer Aided Dispatch) that would have required procuring additional ESRI software licenses.
 Mapping expansion products related to emergency operations.

ESRI is the leading provider of GIS software to cities, and Fairfield has ha d a very positive experience using its software.

FINANCIAL IMPACT
Total costs for the software will be $93,250 ($87,600 + $5,000 [ArcGIS Hub Online] + $650 [Plus Image Extension]) annually, automatically renewing each year for three years, for a total no t to exceed $279,750 ($93,250 annually x 3 years). Funds for this agreement are budgeted in the Computer Fund Enterprise License.

PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
N/A

ALTERNATIVE ACTION
The council may choose not to enter into the agreement, which would revert to a more costly license-per-user option.

COORDINATED WITH
N/A

STAFF CONTACT
Jasmin Acuna, Sr. IT Analyst - GIS
(707) 428-7447
[email protected]

ATTACHMENTS
Attachment 2: Proposed Resolution
Attachment 3: Proposed Quote

CITY OF FAIRFIELD

RESOLUTION NO. 2024-285

APPROVING RENEWAL OF THE SMALL GOVERNMENT ENTERPRISE AGREEMENT WITH ENVIRONMENTAL SYSTEMS RESEARCH INSTITUTE, INC.

WHEREAS, the City of Fairfield (City) is currently engaged in a Small Government Enterprise Agreement with Environmental Systems Research Institute, Inc. (ESRI) for software products for its Geographical Information System (GIS) desktop, server, and online environments; and

WHEREAS, the City’s current enrollment in the Small Government Enterprise Agreement with ESRI Inc. was authorized by Resolution 2022-08 and will expire on February 24, 2025.

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

Section 1. The City Council hereby authorizes the city manager or designee to renew a three-year Small Government Enterprise Agreement with ESRI, Inc. to provide the City software products and services as described in the forms attached hereto and is hereby authorized to take all necessary steps to implement this resolution.

Section 2. The council hereby authorizes the city manager or designee to renew a three -year ArcGIS Hub Premium Online Community License with ESRI, Inc. to provide th e City software products and services as described in the forms attached hereto and is hereby authorized to take all necessary steps to implement this resolution.

Section 3. The council hereby authorizes the expenditure of funds not to exceed $279,750. Total costs for the software will be $93,250 ($87,600 + $5,000 [ArcGIS Hub Online] + $650 [Plus Image Extension]) annually, automatically renewing each year for three years, for a total not to exceed $279,750. Funds for this agreement are budgeted in the Computer Fund Enterprise License.

RES. NO. 2024-285

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

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

_________________________________________________
MAYOR
ATTEST:
___________________________

CITY CLERK

Quotation # Q-528398

Date: August 15, 2024
Environmental Systems Research Institute, Inc.
380 New York St
Redlands, CA 92373-8100
Phone: (909) 793-2853
DUNS Number: 06-313-4175 CAGE Code: 0AMS3
Customer # 149479 Contract #

City of Fairfield
Information Technology
1000 Webster St
Fairfield, CA 94533-4836

To expedite your order, please attach a copy of ATTENTION: Savita Chaudhary this quotation to your purchase order. PHONE: (707) 428 -7582 Quote is valid from: 8/15/2024 To: 11/13/2024 EMAIL: [email protected]

Material Qty Term Unit Price Total
168180 1 Year 1 $87,600.00 $87,600.00
Populations of 100,001 to 125,000 Small Government Enterprise Agreement Annual Subscription 168180 1 Year 2 $87,600.00 $87,600.00
Populations of 100,001 to 125,000 Small Government Enterprise Agreement Annual Subscription 168180 1 Year 3 $87,600.00 $87,600.00
Populations of 100,001 to 125,000 Small Government Enterprise Agreement Annual Subscription Subtotal: $262,800.00
Sales Tax: $0.00
Estimated Shipping and Handling (2 Day Delivery): $0.00 Contract Price Adjust: $0.00
Total: $262,800.00

Esri may charge a fee to cover expenses related to any customer requirement to use a proprietary vendor management, procurement, or invoice program.

For questions contact:

Corey Welsh
Email:
[email protected]
Phone:
(916) 448-2412 x1736
The items on this quotation are subject to and governed by the terms of this quotation, the most current product specific scope of use document found at https://assets.esri.com/content/dam/esrisites/media/legal/product-specific-terms-of-use/e300.pdf, and your applicable signed agreement with Esri. If no such agreement covers any item quoted, then Esri’s standard terms and conditions found at https://go.esri.com/MAPS apply to your purchase of that item. If any item is quoted with a multi-year payment schedule, then unless otherwise stated in this quotation, Customer is required to make all payments without right of cancellation. Third-party data sets included in a quotation as separately licensed items will only be provided and invoiced if Esri is able to provide such data and will be subject to the applicable third-party's terms and conditions. If Esri is unable to provide any such data set, Customer will not be responsible for any further payments for the data set. US Federal government entities and US government prime contractors authorized under FAR 51.1 may purchase under the terms of Esri’s GSA Federal Supply Schedule. Supplemental terms and conditions found at https://www.esri.com/en-us/legal/terms/state-supplemental apply to some US state and local government purchases. All terms of this quotation will be incorporated into and become part of any additional agreement regarding Esri’s offerings. Acceptance of this quotation is limited to the terms of this quotation. Esri objects to and expressly rejects any different or additional terms contained in any purchase order, offer, or confirmation sent to or to be sent by buyer. Unless prohibited by law, the quotation information is confidential and may not be copied or released other than for the express purpose of system selection and purchase/license. The information may not be given to outside parties or used for any other purpose without consent from Esri. Delivery is FOB Origin for customers located in the USA.

WELSHC This offer is limited to the terms and conditions incorporated and attached herein.

Esri Use Only:

Cust. Name
Cust. #
PO #
Esri Agreement #

SMALL ENTERPRISE AGREEMENT

COUNTY AND MUNICIPALITY GOVERNMENT
(E214-4)

This Agreement is by and between the organization identified in the Quotation ("Customer") and Environmental Systems Research Institute, Inc. ("Esri").

This Agreement sets forth the terms for Customer's use of Products and incorporates by reference (i) the Quotation and (ii) the Master Agreement. Should there be any conflict between the terms and conditions of the documents that comprise this Agreement, the order of precedence for the documents shall be as follows: (i) the Quotation, (ii) this Agreement, and (iii) the Master Agreement. This Agreement shall be governed by and construed in accordance with the laws of the state in which Customer is located without reference to conflict of laws principles, and the United States of America federal law shall govern in matters of intellectual property. The modifications and additional rights granted in this Agreement apply only to the Products listed in Table A.

Table A
List of Products

Uncapped Quantities
Desktop Software and Extensions (Single Use)
ArcGIS Desktop Advanced
ArcGIS Desktop Standard
ArcGIS Desktop Basic
ArcGIS Desktop Extensions: ArcGIS 3D Analyst,
ArcGIS Spatial Analyst, ArcGIS Geostatistical Analyst,
ArcGIS Publisher, ArcGIS Network Analyst, ArcGIS
Schematics, ArcGIS Workflow Manager, ArcGIS Data
Reviewer

Enterprise Software and Extensions
ArcGIS Enterprise (Advanced and Standard)
ArcGIS Monitor
ArcGIS Enterprise Extensions: ArcGIS 3D Analyst,
ArcGIS Spatial Analyst, ArcGIS Geostatistical Analyst,
ArcGIS Network Analyst, ArcGIS Schematics, ArcGIS
Workflow Manager, ArcGIS Data Reviewer

Enterprise Additional Capability Servers
ArcGIS Image Server

Developer Tools
ArcGIS Runtime Standard
ArcGIS Runtime Analysis Extension

Limited Quantities
One (1) Professional subscription to ArcGIS Developer
Two (2) ArcGIS CityEngine Single Use Licenses
500 ArcGIS Online Viewers
500 ArcGIS Online Creators
62,500 ArcGIS Online Service Credits
500 ArcGIS Enterprise Creators
7 ArcGIS Insights in ArcGIS Enterprise
7 ArcGIS Insights in ArcGIS Online
100 ArcGIS Location Sharing User Type Extension (Enterprise) 100 ArcGIS Location Sharing User Type Extension (Online) 15 ArcGIS Advanced Editing User Type Extension (Enterprise)

OTHER BENEFITS

Number of Esri User Conference registrations provided annually 4 Number of Tier 1 Help Desk individuals authorized to call Esri 4 Maximum number of sets of backup media, if requested* 2 Five percent (5%) discount on all individual commercially available instructor-led training classes at Esri facilities purchased outside this Agreement
*Additional sets of backup media may be purchased for a fee

Customer may accept this Agreement by signing and returning the whole Agreement with (i) the Quotation attached, (ii) a purchase order, or (iii) another document that matches the Quotation and references this Agreement ("Ordering Document"). ADDITIONAL OR CONFLICTING TERMS IN CUSTOMER'S PURCHASE

ORDER OR OTHER DOCUMENT WILL NOT APPLY, AND THE TERMS OF THIS AGREEMENT WILL GOVERN. This Agreement is effective as of the date of Esri's receipt of an Ordering Document, unless otherwise agreed to by the parties ("Effective Date").

Term of Agreement: Three (3) years

This Agreement supersedes any previous agreements, proposals, presentations, understandings, and arrangements between the parties relating to the licensing of the Products. Except as provided in Article 4— Product Updates, no modifications can be made to this Agreement.

Accepted and Agreed:

(Customer)

By:

Authorized Signature

Printed Name:

Title:

Date:

CUSTOMER CONTACT INFORMATION

Contact: Telephone:

Address: Fax:

City, State, Postal Code: E-mail:

Country:

Quotation Number (if applicable):

1.0—ADDITIONAL DEFINITIONS

In addition to the definitions provided in the Master
Agreement, the following definitions apply to this
Agreement:

"Case" means a failure of the Software or Online
Services to operate according to the Documentation
where such failure substantially impacts operational
or functional performance.

"Deploy", "Deployed" and "Deployment" mean to
redistribute and install the Products and related
Authorization Codes within Customer's
organization(s).

"Fee" means the fee set forth in the Quotation.

"Maintenance" means Tier 2 Support, Product
updates, and Product patches provided to Customer
during the Term of Agreement.

"Master Agreement" means the applicable master
agreement for Esri Products incorporated by this
reference that is (i) found at https://www.esri.com/en- us/legal/terms/full-master-agreement and available in
the installation process requiring acceptance by
electronic acknowledgment or (ii) a signed Esri
master agreement or license agreement that
supersedes such electronically acknowledged
master agreement.

"Product(s)" means the products identified in
Table A—List of Products and any updates to the list
Esri provides in writing.

"Quotation" means the offer letter and quotation
provided separately to Customer.

"Technical Support" means the technical
assistance for attempting resolution of a reported
Case through error correction, patches, hot fixes,
workarounds, replacement deliveries, or any other
type of Product corrections or modifications.

"Tier 1 Help Desk" means Customer's point of
contact(s) to provide all Tier 1 Support within
Customer's organization(s).

"Tier 1 Support" means the Technical Support
provided by the Tier 1 Help Desk.

"Tier 2 Support" means the Esri Technical Support
provided to the Tier 1 Help Desk when a Case
cannot be resolved through Tier 1 Support.

2.0—ADDITIONAL GRANT OF LICENSE

2.1 Grant of License. Subject to the terms and
conditions of this Agreement, Esri grants to
Customer a personal, nonexclusive,
nontransferable license solely to use, copy, and
Deploy quantities of the Products listed in
Table A—List of Products for the Term of
Agreement (i) for the applicable Fee and (ii) in
accordance with the Master Agreement.

2.2 Consultant Access. Esri grants Customer the
right to permit Customer's consultants or
contractors to use the Products exclusively for
Customer's benefit. Customer will be solely
responsible for compliance by consultants and
contractors with this Agreement and will ensure
that the consultant or contractor discontinues
use of Products upon completion of work for
Customer. Access to or use of Products by
consultants or contractors not exclusively for
Customer's benefit is prohibited. Customer may
not permit its consultants or contractors to install
Software or Data on consultant, contractor, or
third-party computers or remove Software or
Data from Customer locations, except for the
purpose of hosting the Software or Data on
Contractor servers for the benefit of Customer.

3.0—TERM, TERMINATION, AND EXPIRATION

3.1 Term. This Agreement and all licenses
hereunder will commence on the Effective Date
and continue for the duration identified in the
Term of Agreement, unless this Agreement is
terminated earlier as provided herein. Customer
is only authorized to use Products during the
Term of Agreement. For an Agreement with a
limited term, Esri does not grant Customer an
indefinite or a perpetual license to Products.

3.2 No Use upon Agreement Expiration or
Termination. All Product licenses, all
Maintenance, and Esri User Conference
registrations terminate upon expiration or
termination of this Agreement.

3.3 Termination for a Material Breach. Either party
may terminate this Agreement for a material
breach by the other party. The breaching party
will have thirty (30) days from the date of written
notice to cure any material breach.

3.4 Termination for Lack of Funds. For an
Agreement with government or government-

owned entities, either party may terminate this
Agreement before any subsequent year if
Customer is unable to secure funding through
the legislative or governing body's approval
process.

3.5 Follow-on Term. If the parties enter into
another agreement substantially similar to this
Agreement for an additional term, the effective
date of the follow-on agreement will be the day
after the expiration date of this Agreement.

4.0—PRODUCT UPDATES

4.1 Future Updates. Esri reserves the right to
update the list of Products in Table A—List of
Products by providing written notice to
Customer. Customer may continue to use all
Products that have been Deployed, but support
and upgrades for deleted items may not be
available. As new Products are incorporated into
the standard program, they will be offered to
Customer via written notice for incorporation into
the Products schedule at no additional charge.

Customer's use of new or updated Products
requires Customer to adhere to applicable
additional or revised terms and conditions in the
Master Agreement.

4.2 Product Life Cycle. During the Term of
Agreement, some Products may be retired or
may no longer be available to Deploy in the
identified quantities. Maintenance will be subject
to the individual Product Life Cycle Support
Status and Product Life Cycle Support Policy,
which can be found at
https://support.esri.com/en/other-
resources/product-life-cycle. Updates for
Products in the mature and retired phases may
not be available. Customer may continue to use
Products already Deployed, but Customer will
not be able to Deploy retired Products.

5.0—MAINTENANCE

The Fee includes standard maintenance benefits
during the Term of Agreement as specified in the
most current applicable Esri Maintenance and
Support Program document (found at
https://www.esri.com/en-
us/legal/terms/maintenance). At Esri's sole
discretion, Esri may make patches, hot fixes, or
updates available for download. No Software other
than the defined Products will receive Maintenance.

Customer may acquire maintenance for other
Software outside this Agreement.

a. Tier 1 Support

1. Customer will provide Tier 1 Support
through the Tier 1 Help Desk to all
Customer's authorized users.

2. The Tier 1 Help Desk will be fully trained in
the Products.

3. At a minimum, Tier 1 Support will include
those activities that assist the user in
resolving how-to and operational questions
as well as questions on installation and
troubleshooting procedures.

4. The Tier 1 Help Desk will be the initial point
of contact for all questions and reporting of a
Case. The Tier 1 Help Desk will obtain a full
description of each reported Case and the
system configuration from the user. This
may include obtaining any customizations,
code samples, or data involved in the Case.

5. If the Tier 1 Help Desk cannot resolve the
Case, an authorized Tier 1 Help Desk
individual may contact Tier 2 Support. The
Tier 1 Help Desk will provide support in such
a way as to minimize repeat calls and make
solutions to problems available to
Customer’s organization.

6. Tier 1 Help Desk individuals are the only
individuals authorized to contact Tier 2
Support. Customer may change the Tier 1
Help Desk individuals by written notice to
Esri.

b. Tier 2 Support

1. Tier 2 Support will log the calls received
from Tier 1 Help Desk.

2. Tier 2 Support will review all information
collected by and received from the Tier 1
Help Desk including preliminary documented
troubleshooting provided by the Tier 1 Help
Desk when Tier 2 Support is required.

3. Tier 2 Support may request that Tier 1 Help
Desk individuals provide verification of
information, additional information, or
answers to additional questions to

supplement any preliminary information
gathering or troubleshooting performed by
Tier 1 Help Desk.

4. Tier 2 Support will attempt to resolve the
Case submitted by Tier 1 Help Desk.

5. When the Case is resolved, Tier 2 Support
will communicate the information to Tier 1
Help Desk, and Tier 1 Help Desk will
disseminate the resolution to the user(s).

6.0—ENDORSEMENT AND PUBLICITY

This Agreement will not be construed or interpreted
as an exclusive dealings agreement or Customer's
endorsement of Products. Either party may publicize
the existence of this Agreement.

7.0—ADMINISTRATIVE REQUIREMENTS

7.1 OEM Licenses. Under Esri's OEM or Solution
OEM programs, OEM partners are authorized to
embed or bundle portions of Esri products and
services with their application or service. OEM
partners' business model, licensing terms and
conditions, and pricing are independent of this
Agreement. Customer will not seek any discount
from the OEM partner or Esri based on the
availability of Products under this Agreement.

Customer will not decouple Esri products or
services from the OEM partners' application or
service.

7.2 Annual Report of Deployments. At each
anniversary date and ninety (90) calendar days
prior to the expiration of this Agreement,
Customer will provide Esri with a written report
detailing all Deployments. Upon request,
Customer will provide records sufficient to verify
the accuracy of the annual report.

8.0—ORDERING, ADMINISTRATIVE

PROCEDURES, DELIVERY, AND

DEPLOYMENT

8.1 Orders, Delivery, and Deployment

a. Upon the Effective Date, Esri will invoice
Customer and provide Authorization Codes to
activate the nondestructive copy protection
program that enables Customer to download,
operate, or allow access to the Products. If this
is a multi-year Agreement, Esri may invoice the
Fee up to thirty (30) calendar days before the
annual anniversary date for each year.

b. Undisputed invoices will be due and payable
within thirty (30) calendar days from the date of
invoice. Esri reserves the right to suspend
Customer's access to and use of Products if
Customer fails to pay any undisputed amount
owed on or before its due date. Esri may charge
Customer interest at a monthly rate equal to the
lesser of one percent (1.0%) per month or the
maximum rate permitted by applicable law on
any overdue fees plus all expenses of collection
for any overdue balance that remains unpaid
ten (10) days after Esri has notified Customer of
the past-due balance.

c. Esri's federal ID number is 95-2775-732.

d. If requested, Esri will ship backup media to the
ship-to address identified on the Ordering
Document, FOB Destination, with shipping
charges prepaid. Customer acknowledges that
should sales or use taxes become due as a
result of any shipments of tangible media, Esri
has a right to invoice and Customer will pay any
such sales or use tax associated with the receipt
of tangible media.

8.2 Order Requirements. Esri does not require
Customer to issue a purchase order. Customer
may submit a purchase order in accordance with
its own process requirements, provided that if
Customer issues a purchase order, Customer
will submit its initial purchase order on the
Effective Date. If this is a multi-year Agreement,
Customer will submit subsequent purchase
orders to Esri at least thirty (30) calendar days
before the annual anniversary date for each
year.

a. All orders pertaining to this Agreement will be
processed through Customer's centralized point
of contact.

b. The following information will be included in
each Ordering Document:

(1) Customer name; Esri customer number, if
known; and bill-to and ship-to addresses
(2) Order number
(3) Applicable annual payment due

9.0—MERGERS, ACQUISITIONS, OR

DIVESTITURES

If Customer is a commercial entity, Customer will
notify Esri in writing in the event of (i) a
consolidation, merger, or reorganization of Customer
with or into another corporation or entity;
(ii) Customer's acquisition of another entity; or (iii) a transfer or sale of all or part of Customer's
organization (subsections i, ii, and iii, collectively
referred to as "Ownership Change"). There will be
no decrease in Fee as a result of any Ownership
Change.

9.1 If an Ownership Change increases the
cumulative program count beyond the maximum
level for this Agreement, Esri reserves the right
to increase the Fee or terminate this Agreement
and the parties will negotiate a new agreement.

9.2 If an Ownership Change results in transfer or
sale of a portion of Customer's organization, that
portion of Customer's organization will transfer
the Products to Customer or uninstall, remove,
and destroy all copies of the Products.

9.3 This Agreement may not be assigned to a
successor entity as a result of an Ownership
Change unless approved by Esri in writing in
advance. If the assignment to the new entity is
not approved, Customer will require any
successor entity to uninstall, remove, and
destroy the Products. This Agreement will
terminate upon such Ownership Change.

Agenda Item No: U.5

AGENDA REPORT
DATE: December 17, 2024

TO: Mayor and Council

FROM: David Gassaway, City Manager

SUBJECT: Resolution 2024-286

Suspending Competitive Bidding and Authorizing the City Manager to Execute a Technology Software-As-A-Service Agreement for the Provision of Transit Automated Vehicle Location, Service Monitoring, Reporting Services and Equipment

Funding Source: $651,271.95; Transportation Enterprise Fund

Contact: Ron Bremer, (707) 434-3823

RECOMMENDED ACTION
Adopt resolution.

STATEMENT OF ISSUE
The City’s transit system, FAST Transit, recommends that the City enters into a new agreement with Swiftly, Inc. (Swiftly) to continue to provide automated vehicle location (AVL) services for FAST riders and staff. The attached resolution authorizes the ci ty manager to enter into a five - year Technology Software-As-A-Service (SaaS) Agreement with Swiftly for the provision of transit AVL equipment, service monitoring, and reporting services.

DISCUSSION
In December 2021, the City and Swiftly entered into a t hree-year agreement to provide FAST’s fixed-route vehicles with AVL service monitoring and reporting services. This AVL technology has effectively provided vehicle location and predictive bus arrival times for FAST riders and dispatchers for the last three years. The system reliably transmits planned and/or real-time rider alerts (detours, delays, schedule changes, etc.) to third-party apps, websites, and other modes of communication, such as Bay Area 511.

Since 2021, FAST has undergone significant servi ce changes to adapt to post -COVID-19 circumstances. Part of this adaptability includes utilizing smaller and more flexible vehicles on fixed-route services. FAST currently operates smaller vehicles on its paratransit (FAST Connect

ADA) and microtransit (FA ST Connect) services. Under this proposed initiative these 14 smaller vehicles would also be retrofitted with the necessary AVL equipment.

Swiftly has continued to provide reliable and accurate AVL services for the City’s transit contractor (MV Transportation), customers, and FAST staff over the last three years. Even though there are other vendors that provide AVL service, FAST staff recommends continuing its partnership with Swiftly instead of going through a competitive bid process for a new AVL provider for the following reasons:

 Unlike other traditional AVL providers FAST investigated under the original RFP conducted in 2021, Swiftly does not require expensive proprietary hardware equipment to be installed on the bus.
 Swiftly also capably pulls the transit data for bus location and expected arrival times and this data has been fully integrated into FAST’s website (fasttransit.org).

Staff recommends adopting the attached resolution to suspend competitive bidding and authorize the city manager to execute a SaaS Agreement with Swiftly for the provision of AVL, service monitoring, reporting services, and equipment in the amount of $566,323.44. Due to uncertainties in the current transit operating environment, staff is als o recommending an additional 15% management reserve of $84,948.51 for a total authorization of $651,271.95.

FINANCIAL IMPACT
The total cost for the services and equipment is $651,271.95 ($566,323.44 agreement + a 15% management reserve) and will be paid with Transportation Development Act funds. The funds are budgeted in the Public Works Transportation Enterprise Fund (45160503).

PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
N/A

ALTERNATIVE ACTION
City Council may choose not to approve the SaaS Agreement; however, this is not recommended due to the need to provide riders with the convenience of AVL, service monitoring, and reporting systems.

COORDINATED WITH
City Attorney’s Office

STAFF CONTACT
Ron Bremer, Transportation Technician
(707) 434-3823
[email protected]

ATTACHMENTS
Attachment 2: Proposed Resolution
Attachment 3: Proposed Agreement

CITY OF FAIRFIELD

RESOLUTION NO. 2024-286

SUSPENDING COMPETITIVE BIDDING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A

TECHNOLOGY SOFTWARE-AS-A-SERVICE AGREEMENT FOR THE PROVISION OF TRANSIT

AUTOMATED VEHICLE LOCATION, SERVICE MONITORING, REPORTING SERVICES AND

EQUIPMENT

WHEREAS, on December 30, 2021, the City of Fairfield entered into a Technology Software-As- A-Service (SaaS) Agreement totaling $ 155,513 for the provision of transit automated vehicle location (AVL), service monitoring and reporting Services with Swiftly, Inc. (Swiftly) beginning January 1, 2022, and ending December 31, 2024; and

WHEREAS, the service that Swiftly provides has met expectations and the City wishes to continue utilizing Swiftly services; and

WHEREAS, the City wishes to enter into a five-year SaaS Agreement with Swiftly from January 1, 2025, to December 31, 2029; and

WHEREAS, the City also wishes to retrofit 14 smaller vehicles with the Swiftly AVL system to provide flexibility for its smaller vehicles to operate on fixed route; and

WHEREAS, Swiftly will provide the equipment and software necessary for this program.

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

Section 1. The City Council hereby suspends competitive bidding and authorizes the city manager to execute a SaaS Agreement with Swiftly for the provision of AVL, service monitoring, reporting services, and equipment in an amount not-to-exceed $566,323.44.

Section 2. The city manager or designee is hereby authorized to execute and administer amendments in an amount not-to-exceed $84,948.51 for a total not to exceed contract amount of $651,271.95.

Section 3. The city manager, public works director, or transportation manager is hereby authorized to do all things necessary to implement the above-mentioned agreement

RES. NO. 2024-286

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

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

_________________________________________________
MAYOR
ATTEST:
___________________________

CITY CLERK

1 Rev. 01/18/2024

CITY OF FAIRFIELD
TECHNOLOGY SOFTWARE-AS-A-SERVICE (SaaS) AGREEMENT WITH
SWIFTLY, INC.

Th
is AGREEMENT is made at Fairfield, California, as of ____________, 2024 (the “Effective Date”), by and between the City of Fairfield, a municipal corporation (the “City") and Swiftly, Inc. ("Service Provider”), who agree as follows:
1) SERVICES. Subject to the terms and conditions set forth in this Agreement, Service Provider shall provide to the City the services described in Exhibit “A” (the “Scope of Services”), which consists of the following: (a) Exhibit A -1 – Statement of Work , (b) Exhibit A-2 – Product Schedule, (c) Exhibit A-3 – Service Level Agreement, (d) Exhibit A- 4 - City’s Request for Proposal (“RFP”), (e) Exhibit A-5 – Service Provider’s response to RFP. Service Provider shall provide S ervices at the time, place, and in the manner specified in Exhibit “A.”
2) PAYMENT. City shall pay Service Provider for the 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 Service Provider for services rendered pursuant to this Agreement.

Service Provider shall submit all billings for said services to the City in the manner specified in Exhibit “B.”

3) FACILITIES AND EQUIPMENT. Service Provider shall, at its sole cost and expense, furnish all facilities and equipment which may be required for furnishing Services pursuant to this Agreement.
4) COMPLETE AGREEMENT. The provisions set forth in Exhibits “A,” “B,” “C,” and “D” are part of this Agreement. In the event of any inconsistency between the general provisions of Exhibit “C” and any other terms or conditions of this Agreement, the provisions set forth in Exhibit “C” shall control. All provisions in this Agreement control over any provision in Exhibit “A.” In the event of a disagreement among the documents comprising Exhibit “A,” Exhibit A -1 controls over Exhibits A -2 through A -5; Exhibit A -2 controls over Exhibits A-3 through A-5; Exhibit A-3 controls over Exhibits A-4 through A-5; and Exhibit A-4 controls over Exhibit A -5. This agreement is intended to be a complete integration and there are no prior or additional agreements pertaining to the subject matter of this Agreement.
5) INSURANCE REQUIREMENTS. The insurance requirements set forth in Exhibit “D” are part of this Agreement. Notwithstanding any other provision to the contrary, in the event of any inconsistency between 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 Doc ID: 9afd848e2b68237231cc36344a3a67668df883c5

City OF FAIRFIELD
TECHNOLOGY SOFTWARE-AS-A-SERVICE (SaaS) AGREEMENT

2 Rev. 01/18/2024

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

7) EXHIBITS. All exhibits referred to herein are attached hereto and are by this reference incorporated herein.

8) TERM. This Agreement shall be effective upon the Effective Date and shall remain in effect for a period of Five (5) years following the Effective Date.

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

EXECUTED as of the day first above-stated.

City of Fairfield, a municipal corporation

By:
(signature)

Printed: ______________________________

Service Provider

By:
(signature)

Printed: ______________________________

Rob Gaffney
Doc ID: 9afd848e2b68237231cc36344a3a67668df883c5

City OF FAIRFIELD
TECHNOLOGY SOFTWARE-AS-A-SERVICE (SaaS) AGREEMENT

3 Rev. 01/18/2024

EXHIBIT “A”

SCOPE OF SERVICES

Services are described more particularly in the following exhibits, which comprise this Exhibit A:

Exhibit A-1 – Statement of Work
Exhibit A-2 – Product Schedule
Exhibit A-3 – Service Level Agreement

Exhibit “A-1”

Statement of Work

1.0 DEFINITIONS: In this Agreement, the following terms have the following meanings, and all other capitalized terms have the meaning given to them elsewhere in this Agreement:

1.01 “Authorized Persons ” as used in this document means the Service Provider’s employees, contractors, subcontractors or other agents who need to access the public jurisdiction’s personal data to enable the Service Provider to perform the services required.

1.02 “Data Breach ” as used in this document means the unauthorized access by non-authorized person/s that result in the use, disclosure or theft of a public jurisdiction’s unencrypted personal data.

1.03 “Follow -the-sun” is a workflow model in which work is passed on to the offices located in different time zones. In this way work is done round-the-clock thereby reducing the support duration and increasing the responsiveness.

1.04 “Individually Identifiable Health Information” as used in this document means information that is a subset of health information, including demographic information collected from an individual, and (1) is created or received by a health care provider, health plan, employer or health care clearinghouse; and (2) relates to the past, present or future physical or mental health or condition of an individual; the provision of health care to an individual; or the past, present or future payment for the provision of health care to an individual; and (a) that identifies the individual; or (b) with respect to which there is a reasonable basis to believe the information can be used to identify the individual.

1.05 “Non-Public Data” means data, other than personal data, that is not subject to distribution to the public as public information. It is deemed to be sensitive and confidential by the public jurisdiction because it contains information that is exempt by statute, ordinance or administrative rule from access by the general Doc ID: 9afd848e2b68237231cc36344a3a67668df883c5

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public as public information.

1.06 “Personal Data” means data that includes information relating to a person that identifies the person by name and has any of the following personally identifiable information (PII): government -issued identification numbers (e.g. Social Security, driver’s license, passport); financial account information, including account number, credit or debit card numbers; or protected health information (PHI) relating to a person.

1.07 “Protected Health Information” (PHI) as used in this document is individually identifiable health information transmitted by electronic media, maintained in electronic media, or transmitted or maintained in any other form or medium. PHI excludes education records covered by the Family Educational Rights and Privacy Act (FERPA), as amended, 20 U.S.C. 1232g, records described at 20 U.S.C. 1232g(a)(4)(B)(iv) and employment records held by a covered entity in its role as employer.

1.08 “Personally Identifiable Information” (PII) PII refers to a combination of data elements (e.g. Social Security number, driver’s license or other government - issued identification number, passport number, financial account number, or credit or debit card number in combination with security codes) that, when linked to the individual’s first name or first initial and their last name, and not encrypted or otherwise could lead to the loss, theft or unauthorized use of the individual’s personal information.

1.09 “Public Jurisdiction” means the City of Fairfield.

1.10 “Public Jurisdiction Data” as used in this document means all data created or in any way originating with the public jurisdiction, and all data that is the output of computer processing of or other electronic manipulation of any data that was created by or in any way originated with the public jurisdiction, whether such data or output is stored on the public jurisdiction’s hardware; the Service Provider’s hardware or exists in any system owned, maintained or otherwise controlled by the public jurisdiction or by the Service Provider.

1.11 “Public Jurisdiction Identified Contact ” means the person or persons designated in writing by the public jurisdiction to receive security incident or breach notification.

1.12 “Security Incident” means the potentially unauthorized access by non- authorized persons to personal data or non-public data that could reasonably result in the use, disclosure or theft of a public jurisdiction’s unencrypted personal data or non- public data within the possession or control of a Service Provider. A security incident may or may not turn into a data breach.

1.13 “Service Level Agreement ” (SLA) means a written agreement between both the public jurisdiction and the Service Provider that is subject to the terms and Doc ID: 9afd848e2b68237231cc36344a3a67668df883c5

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conditions in this document that unless otherwise agreed to includes (1) the technical service level performance promises (i.e., metrics for performance and intervals for measure), (2) description of service quality, (3) identification of roles and responsibilities, (4) security responsibilities and notice requirements, (5) how disputes are discovered and addressed and (6) any remedies for performance failures.

1.14 “Service Provider” means the contractor and its employees, subcontractors, agents and affiliates who are providing the services agreed to under the contract.

1.15 “Software-as-a-Service” (SaaS) means the capability provided to the consumer to use the provider’s applications running on a cloud infrastructure.

The applications are accessible from various client devices through a thin client interface such as a Web browser (e.g., Web- based email) or a program interface. The consumer does not manage or control the underlying cloud infrastructure, including network, servers, operating systems, storage or even individual application capabilities, with the possible exceptio n of limited user - specific application configuration settings.

1.16 “Statement of Work” is a written statement in a solicitation document or contract that describes the public jurisdiction’s service needs and expectations.

2.0 DESCRIPTION OF SERVICES

2.1 Scope of Services
The scope of services to be performed by Service Provider under this Agreement is as described in this Statement of Work in Exhibit A of this Agreement.

2.2 Data Ownership
The public jurisdiction will own all right, title and interest in its data that is related to the services provided by this contract. S ERVICE PROVIDER shall not access public jurisdiction user accounts or public jurisdiction data, except (1) in the course of data center operations, (2) in response to service or technical issues, (3) as required by the express terms of this contract or (4) at the public jurisdiction’s written request.

2.3 Data Protection
Protection of personal privacy and data shall be an integral part of the business activities of the Service Provider to ensure there is no inappropriate or unauthorized use of public jurisdiction information at any time. To this end, the Service Provider shall safeguard the confidentiality, integrity and availability of public jurisdiction information and comply with the following conditions:
a. The Service Provider shall implement and maintain appropriate administrative, technical and organizational security measures to Doc ID: 9afd848e2b68237231cc36344a3a67668df883c5

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safeguard against unauthorized access, disclosure or theft of personal data and non-public data. Such security measures shall be in accordance with recognized industry practice and not less stringent than the measures the Service Provider applies to its own personal data and non-public data of similar kind.
b. All data obtained by the Service Provider in the performance of this contract shall become and remain the property of the public jurisdiction.
c. All personal data shall be encrypted at rest and in transit with controlled access. Unless otherwise stipulated, the Service Provider is responsible for encryption of the personal data. Any stipulation of responsibilities will identify specific roles and responsibilities and shall be included in the service level agreement (SLA), or otherwise made a part of this contract.
d.

Unless otherwise stipulated, the Service Provider shall encrypt all non-public data at rest and in transit. The public jurisdiction shall identify data it deems as non- public data to the Service Provider.

The level of protection and encryption for all non- public data shall be identified and made a part of this contract.
e. At no time shall any data or processes – that either belong to or are intended for the use of a public jurisdiction or its offers, agents or employees – be copied, disclosed or retained by the Service Provider or any party related to the Service Provider for subsequent use in any transaction that does not include the public jurisdiction. f. The Service Provider shall not use any information collected in connection with the service issued from this proposal for any purpose other than fulfilling the service.

2.4 Data Location
The Service Provider shall provide its services to the public jurisdiction and its end users solely from data centers in the U.S. Storage of public jurisdiction data at rest shall be located solely in data centers in the U.S. The Service Provider shall not allow its personnel or contractors to store public jurisdiction data on portable devices, including personal computers, except for devices that are used and kept only at its U.S. data centers. The Service Provider shall permit its personnel and contractors to access public jurisdiction data remotely only as required to provide technical support. The Service Provider may provide technical user support on a 24/7 basis using a “Follow the Sun” model, unless otherwise prohibited in this contract.

2.5 Security Incident
Service Provider shall inform the public jurisdiction of any security incident or data breach.
a. Incident Response: The Service Provider may need to communicate with outside parties regarding a security incident, which may include contacting law enforcement, fielding media inquiries and seeking external expertise as mutually agreed upon, defined by law or contained in the contract. Discussing Doc ID: 9afd848e2b68237231cc36344a3a67668df883c5

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security incidents with the public jurisdiction should be handled on an urgent as -needed basis, as part of Service Provider communication and mitigation processes as mutually agreed upon, defined by law or contained in the contract.
b. Security Incident Reporting Requirements: The Service Provider shall report a security incident to the appropriate public jurisdiction identified contact immediately as defined in the SLA. c. Breach Reporting Requirements: If the Service Provider has actual knowledge of a confirmed data breach that affects the security of any public jurisdiction content that is subject to applicable data breach notification law, the Service Provider shall (1) promptly notify the appropriate public jurisdiction identified contact within 24 hours or sooner, unless shorter time is required by applicable law, and (2) take commercially reasonable measures to address the data breach in a timely manner.

2.6 Breach Responsibilities
This section only applies when a data breach occurs with respect to personal data within the possession or control of the Service Provider. a. The Service Provider , unless stipulated otherwise, shall immediately notify the appropriate public jurisdiction identified contact by telephone in accordance with the agreed upon security plan or security procedures if it reasonably believes there has been a security incident.
b. The Service Provider, unless stipulated otherwise, shall promptly notify the appropriate public jurisdiction identified contact within 24 hours or sooner by telephone, unless shorter time is required by applicable law, if it confirms that there is, or reasonably believes that there has been a data breach. The Service Provider shall (1) cooperate with the public jurisdiction as reasonably requested by the public jurisdiction to investigate and resolve the data breach, (2) promptly implement necessary remedial
measures, if necessary, and (3) document responsive actions taken related to the data breach, including any post-incident review of events and actions taken to make changes in business practices in providing the services, if necessary.
c. Unless otherwise stipulated, if a data breach is a direct result of the Service Provider’s breach of its contract obligation to encrypt personal data or otherwise prevent its release, the Service Provider shall bear the costs associated with (1) the investigation and resolution of the data breach; (2) notifications to individuals, regulators or others required by state law; (3) a credit monitoring service required by state (or federal) law; (4) a website or a toll- free number and call center for affected in dividuals required by state law — all not to exceed the average per record per person cost calculated for data breaches in the United States (currently $201 per record/person) in the most recent Cost of Data Breach Doc ID: 9afd848e2b68237231cc36344a3a67668df883c5

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Study: Global Analysis published by the Ponemon Institute at the time of the data breach; and (5) complete all corrective actions as reasonable determined by Service Provider based on root cause; all [(1) through (5)] subject to this contract’s limitation of liability.

2.7 Notification of Legal Requests
The Service Provider shall contact the public jurisdiction upon receipt of any electronic discovery, litigation holds, discovery searches and expert testimonies related to the public jurisdiction’s data under this contract, or which in any way might reasonably require access to the data of the public jurisdiction. The Service Provider shall not respond to subpoenas, service of process and other legal requests related to the public jurisdiction without first notifying the public jurisdiction, unless prohibit ed by law from providing such notice.

2.8 Termination and Suspension of Service

4.1.1.1 In the event of a termination of the contract, the Service Provider shall implement an orderly return of public
jurisdiction data in a CSV or another mutually agreeable format at a time agreed to by the parties and the
subsequent secure disposal of public jurisdiction data.

4.1.1.2 During any period of service suspension, the Service Provider shall not take any action to intentionally erase any public jurisdiction data.

4.1.1.3 In the event of termination of any services or agreement in entirety, the Service Provider shall not take any action to intentionally erase any public jurisdiction data for a period of:
• 10 days after the effective date of termination, if the termination is in accordance with the contract period;
• 30 days after the effective date of termination, if the termination is for convenience;
• 60 days after the effective date of termination, if the termination is for cause.

After such period, the Service Provider shall have no obligation to maintain or provide any public jurisdiction data and shall thereafter, unless legally prohibited, delete all public jurisdiction data in its systems or otherwise in its possession or under its control.

4.1.1.4 The public jurisdiction shall be entitled to any post - termination assistance generally made available with
respect to the services, unless a unique data retrieval arrangement has been established as part of the SLA.
e. The Service Provider shall securely dispose of all requested data in all of its forms, such as disk, CD/ DVD, backup tape and paper, when requested by the public jurisdiction. Data shall be permanently deleted and shall not be recoverable, according to National Institute Doc ID: 9afd848e2b68237231cc36344a3a67668df883c5

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of Standards and Technology (NIST) -approved methods.

Certificates of destruction shall be provided to the public jurisdiction.

2.9 Background Checks
The Service Provider shall conduct criminal background checks and not utilize any staff, including subcontractors, to fulfill the obligations of the contract who have been convicted of any crime of dishonesty, including but not limited to criminal fraud, or otherwise convicted of any felony or misdemeanor offense for which incarceration for up to 1 year is an authorized penalty. The Service Provider shall promote and maintain an awareness of the importance of securing the public jurisdiction’s information among the Service Pro vider’s employees and agents.

2.10 Access to Security Logs and Reports
The Service Provider shall provide reports to the public jurisdiction in a format as specified in the SLA agreed to by both the Service Provider and the public jurisdiction. Reports shall include latency statistics, user access, user access IP address, user access history and security logs for all public jurisdiction files related to this contract.

2.11 Contract Audit
The Service Provider shall allow the public jurisdiction to audit conformance to the contract terms. The public jurisdiction may perform this audit or contract with a third party at its discretion and at the public jurisdiction’s expense.

2.12 Data Center Audit
The Service Provider shall perform an independent audit of its data centers at least annually at its expense and provide a redacted version of the audit report upon request. The Service Provider may remove its proprietary information from the redacted version. A Service Organization Control (SOC) 2 audit report or approved equivalent sets the minimum level of a third-party audit.

2.13 Change Control and Advance Notice
The Service Provider shall give advance notice (to be determined at the contract time and included in the SLA) to the public jurisdiction of any upgrades (e.g., major upgrades, minor upgrades, system changes) that may impact service availability and performance. A major upgrade is a replacement of hardware, software or firmware with a newer or better version in order to bring the system up to date or to improve its characteristics. It usually includes a new version number.

2.14 Security
The Service Provider shall disclose its non-proprietary security processes and technical limitations to the public jurisdiction such that adequate protection and flexibility can be attained between the public jurisdiction and the Service Provider. For example: virus checking and port sniffing — the Doc ID: 9afd848e2b68237231cc36344a3a67668df883c5

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public jurisdiction and the Service Provider shall understand each other’s roles and responsibilities.

2.15 Non-disclosure and Separation of Duties
The Service Provider shall enforce separation of job duties, require commercially reasonable non-disclosure agreements, and limit staff knowledge of public jurisdiction data to that which is absolutely necessary to perform job duties.

2.16 Import and Export of Data
The public jurisdiction shall have the ability to import or export data in piecemeal or in entirety at its discretion without interference from the Service Provider. This includes the ability for the public jurisdiction to import or export data to/from other Service Providers.

2.17 Responsibilities and Uptime Guarantee
The Service Provider shall be responsible for the acquisition and operation of all hardware, software and network support related to the services being provided. The technical and professional activities required for establishing, managing
and maintaining the environments are the responsibilities of the Service Provider. The system shall be available
24/7/365 (with agreed -upon maintenance downtime) and provide service to customers as defined in the SLA.

2.18 Subcontractor Disclosure
The Service Provider shall identify all of its strategic business partners related to services provided under this contract, including but not limited to all subcontractors or other entities or individuals who may be a party to a joint venture or similar agreement with the Service Provider , and who shall be involved in any application development and/or operations.

2.19 Right to Remove Individuals
The public jurisdiction shall have the right at any time to require that the Service Provider remove from interaction with public jurisdiction any Service Provider representative who the public jurisdiction believes is detrimental to its working relationship with the Service Provider . The public jurisdiction shall provide the Service Provider with notice of its determination, and the reasons it requests the removal. If the public jurisdiction signifies that a potential security violation exists with respect to the request, the Service Provider shall immediately remove such individual. The Service Provider shall not assign the person to any aspect of the contract or future work orders without the public jurisdiction’s consent.

2.20 Business Continuity and Disaster Recovery
The Service Provider shall provide a business continuity and disaster recovery plan upon request and ensure that the public jurisdiction’s recovery time objective (RTO) of 24 hours/days is met.

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2.21 Compliance with Accessibility Standards
The Service Provider shall comply with and adhere to Accessibility Standards of Section 508 Amendment to the Rehabilitation Act of 1973.

2.22 Web Services
The Service Provider shall use Web services exclusively to interface with the public jurisdiction’s data in near real time when possible.

2.23 Encryption of Data at Rest
The Service Provider shall ensure hard drive encryption consistent with validated cryptography standards as referenced in FIPS 140- 2, Security Requirements for Cryptographic Modules for all personal data, unless the public jurisdiction approves the storage of personal data on a Service Provider portable device in order to accomplish work as defined in the statement of work.

3. MODULE DESCRIPTIONS

The following describes the products purchased for use during the contract term. For a detailed description of the activities and timeline of Swiftly's implementation process, please refer to Exhibit A-2.

3.1 Transitime: Real Time Information and Prediction Solution The Swiftly Transitime product captures and transmits real -time vehicle location information and generates a real -time feed that is accessible both internally to agency staff and externally to passengers. Once configured with the static GTFS and Samsara GPS feed, Real -Time Passenger Predictions uses real time GPS data alongside historical system speeds, travel times, reliability, and more to ultimately generate highly accurate arrival predictions for passengers. These predictions are re- calculated with every GPS update, ensuring that passengers and internal staff consistently receive the most up- to-date prediction information. Real -Time Passenger Predictions includes vehicle location and prediction feeds in a variety of standard formats (GTFS - RT, JSON, and XML APls), which can be integrated with third party web and mobile applications via an extensive API library, as well as other passenger facing endpoints such as SMS and IVR systems and electronic signage.

3.2 Transitime: Passenger Predictions Map
Passengers can select specific routes overlaid on a local street map and are given arrival predictions alongside real-time vehicle location information. This map can be shared with customers or embedded within FAST's existing web site.

3.3 Transitime: Predictions Via Short Message Service (SMS) and Interactive Voice Response (IVR) Swiftly includes SMS and IVR services as part of Real- Time Passenger Predictions at no additional cost for the first 5,000 text messages, ensuring that all riders have equitable access to crucial information Doc ID: 9afd848e2b68237231cc36344a3a67668df883c5

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and improve the overall rider experience. These capabilities can be configured at any time by Swiftly's implementation team based on City of Fairfield's priorities.

For SMS and IVR capabilities, we recommend that all agencies use a dedicated phone number for accessing real-time information so that riders do not need to memorize an organizational key.

Swiftly will be able to utilize existing phone numbers when available and will provide phone numbers for any included agencies that need them. The rider simply texts or calls in with the stop number and the system will respond with the next predicted arrival time, route name, and nearest stop location. Visually impaired riders can easily call FAST's dedicated phone number to receive arrival times through an audible response. Being able to receive SMS and IVR real-time updates ensures that FAST complies with ADA regulations in sharing real-time passenger information.

3.4 Transitime: Rider Alerts
Swiftly's Rider Alerts module provides a quick and easy way to push out alerts to riders on various

platforms: Google Maps, Twitter, and more. Using the Service Alerts component of the GTFS -rt data standard, Swiftly can instantaneously push written alerts to riders on any platform that they access trip planning tools. In addition, rider alerts provide the option to post the alert to the agency's preferred Twitter feed. Alerts can be scheduled in advance or made in response to real - time service disruptions. They can be associated with the entire system, individual or groups of routes, individual or groups of stops, and include the option to link to a webpage. Swiftly's Rider Alerts align with Caltrans' recently released Minimum GTFS Guidelines, which requires agencies to publish updates to all three GTFS -rt components: Trip Updates, Vehicle Positions, and Service Alerts.

3.5 Metronome: Live Operations
Swiftly's Live Operations module provides internal staff with real-time network visualization and operational insight. This module includes a user-friendly map of the service area, a list to facilitate issue prioritization, and a ladder to identify service gaps. Vehicles are color coded in a helpful legend based on their on- time performance status ("early", "late", or "on- time") or headway status ("bunched", "expected", or "gapped"), depending on how the viewer monitors the network. Live Operations displays vehicle ID, direction, location, Run Trip ID, speed, and date/time of the last GPS location of the vehicle.

3.6 Metronome: Service Adjustments
Service Adjustments enable agencies to create on- the-fly changes to service while aligning dispatchers, conductors, customer service, and passengers around these adjustments. Dispatch can dynamically and intuitively make adjustments like station closures, added trips, and trip cancellations or delays.

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Once an adjustment is received, Swiftly automatically adjusts real -time passenger predictions and corresponding external data feeds like GTFS -rt.

These adjustments are also shared immediately with internal staff via the Swiftly Dashboard. All adjustment details are also available via API for additional integration into other systems. With Service Adjustments, agencies can record, store, and analyze adjustments and incidents to identify patterns and improve efficiency over time.

3.7 Insights: GPS Playback
Swiftly's GPS Playback allows a user to enter any date and time frame to replay route or specific vehicle movements on a map. GPS Playback presents information clearly and legibly, with distinct route lines and stops to support staff at every level in accessing historical data they need with minimal training.

While GPS Playback is used by staff across an agency, this tool is especially useful for customer service departments. Within seconds, they can investigate issues while on the phone with or responding to a customer. In many situations, the ease and speed of Swiftly has allowed customer service departments to greatly decrease call length and volume.

3.8 Insights: On Time Performance
With On -Time Performance, staff will be able to quickly view on- time performance, generate custom reports and investigate operational issues. The system compares GPS data to the static GTFS schedule to show on time , early, and late arrivals and departures at the trip, route, and system-wide level.

Users can filter by all, one, or specific groups of routes over a preferred date range and time of day to see network schedule adherence performance instantly.

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Exhibit “A-2”
S
COPE OF WORK (includes quotes and Cost)
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Swiftly Order Form
Customer FAST
Quote Number FAS-45617
Quote Date 11/21/2024 — Pricing Valid for 30 Days
Effective Date of Service 12/30/2024
Contract Term The exact service term (the 'Initial Term'): 60 Months (12/30/2024 - 12/29/2029).

Renewal Term Pricing The annual cost shall increase by up to 3% for each one year 'Renewal Term'.

Billing Terms Annually in Advance
Marketing Terms Willingness to work with Swiftly to develop a case study, mutually agreeable press release, and ability to use your agency as a reference (website, presentations, etc.).

Annual Fees

PRODUCT NUMBER OF

VEHICLES

ANNUAL COST

PER VEHICLE

TOTAL COST

PER YEAR
Connect with Passengers
Real-time Passenger Predictions 32 $602.64 $19,284.48
Service Adjustments 32 $454.04 $14,529.28
Rider Alerts 32 $239.40 $7,660.80
Connect with Staff
GPS Playback 32 $301.32 $9,642.24
On-time Performance 32 $301.32 $9,642.24
Operator Reports 32 $307.15 $8,295.82
Live Operations 32 Included Included
Connect with Vehicles
Onboard App 32 $525.61 $16,819.52
Headsign Connector 32 $224.54 $7,185.28
AVAS Connector 32 $224.54 $7,185.28
Connect with Partners
Scalefusion MDM 32 $36 $1,152.00
TOTAL ANNUAL COST $101,396.94
TOTAL ANNUAL INCREASE AFTER YEAR 1 3%
Exhibit A-2 (Scope of Work)
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One-Time Fees

SERVICE / PRODUCT QTY COST PER

VEHICLE TOTAL COST
Verizon L TE: 2GB Per Tablet Per Month (for a 3 month period) 32 $62 $1,977.60 Verizon L TE: 5GB Per Router Per Month (for a 3 month period) 2 $155 $309.00 Swiftly Implementation Services (Onboard App) 6 $90 $540.00 Swiftly Implementation Services (AVAS & Headsign Connector) 27 $180 $4,860.00 Samsung Tab Active 5 14 $806 $11,287.50
3 year total Samsung ADH Warranty 14 $109 $1,528.66
Staging Services 14 $19 $262.50
GPS Lockbox ATMOS cradle and mount 14 $249 $3,483.06
Tablet Installations 14 $268 $3,745.00
TOTAL ONE-TIME COST$27,993.32
Billing Table Billing Date Amount Due*
YEAR 1 TOTAL Due12/30/2024 $129,390.26
YEAR 2 TOTAL Due12/30/2025 $104,438.85
YEAR 3 TOTAL Due12/30/2026 $107,572.01
YEAR 4 TOTAL Due12/31/2027 $110,799.17
YEAR 5 TOTAL Due12/30/2028 $114,123.15
*Tax and Shipping will be added to final invoice if applicable Swiftly Order Form (Signature Page)
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Payment Terms: Due Net 30. Invoice sent separately. All fees are non-refundable and non-cancellable without Swiftly’s written consent.

Pricing: The pricing contained herein contains discounts based on number of products purchased and number of vehicle licenses.

Any subsequent change to either of these pricing parameters will result in any discount being reduced or removed entirely.

SMS & Voice Limits: Up to a combined 5,000 SMS and voice calls are included per month for US customers only. Each additional 5,000 combined SMS and voice calls per month costs $125.

GPS Connected Device Fee for CalAmp Trackers: If applicable, this fee covers the cellular connectivity charges from the cellular provider and is a prepaid non-recoverable annual amount (AT&T). Swiftly does not provide support for these devices in the event of malfunction, depreciation or troubleshooting.

Sales Tax: If your agency is not tax exempt, sales tax may be added to this purchase order.

Terms of Use: By signing below, Customer agrees that this Order Form is subject to, and Customer is bound by, the Swiftly SaaS Terms of Service located at: http://goswift.ly/saas-terms-of-service (the “Swiftly Terms”). Unless otherwise specifically stated in an Addendum, in the event of a conflict between the Addendum and the Swiftly Terms, the Swiftly Terms shall govern.

Customer: Swiftly, Inc.

Signature Signature
Rob Gaffney
Name Name
CFO
Title Title
Date Date
2261 Market Street #4151
San Francisco, CA 94114
Address Address
Billing Contact Name
Billing Email
Maribel Galsim
[email protected]
2000 Cadenasso Dr.

Fairfield, CA 94533
11 / 25 / 2024
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Billing Phone
Order Details
• We use a Software as a Service (SaaS) model with annual subscriptions per product. There are no hosting or maintenance fees. • Subscriptions include unlimited users within your agency. • We believe in data access and availability. As long as your agency is a paying customer, you will have easy access to download up to three years data from the modules you purchase.
• Every time we update the platform or launch or a new feature, your agency will automatically have access to that feature so long as you have paid for that module. Since the system is cloud-based, you will never need to download or re-install new software.

Simply login and you’ll see the new feature!
• We pride ourselves on having the best support team in the industry. Always feel free to reach out with questions, comments, or suggestions on how we can better serve you. We typically respond to inquiries within 24 hours.

Technical Requirements
Swiftly’s Dashboard:
• The core Swiftly dashboard is hosted in the cloud – you do not need to install or download any software. • You can access the software from any computer, anywhere, anytime. • Swiftly works on the latest version of any browser.

Onboard App:
• The Onboard App is an Android app that must be installed on an Android device. • If you do not have an Android device, you may also use Swiftly’s web-based Onboard App on iOS devices. This app is supported by most web browsers.
• Onboard App works on the latest versions of Android and iOS, and updates can be rolled out through the App Store • Please contact your Account Executive for a list of supported devices and mobile browsers for Onboard App. (707) 434-3800
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EXHIBIT “B”

PAYMENT

1. The price for Services rendered by Service Provider shall be as outlined below in item 5, “Detailed Cost Structure” which is based on fees for Services provided for a 60-month period.

2. City shall pay Service Provider within 30 days after receipt of Service Provider ’s invoice.

3. The obligation to pay for Services commences on the Acceptance Date.

4. NON-REIMBURSABLE EXPENSES
Service Provider shall be responsible for all costs and expenses incurred by Service Provider, personnel of Service Provider and subcontractors of Service Provider, in connection with this Agreement, including, without limitation, payment of salaries, fringe benefit contributions, payroll taxes, withholding taxes, and other taxes or levies, office overhead expenses, travel expenses, telephone and other telecommunication expenses, and document reproduction expenses.

5. SMS & Voice Limits
Up to a combined 5,000 SMS and voice calls are included per month for US customers only. Each additional 5,000 combined SMS and voice calls per month costs $125.

Doc ID: 9afd848e2b68237231cc36344a3a67668df883c5

City OF FAIRFIELD
TECHNOLOGY SOFTWARE-AS-A-SERVICE (SaaS) AGREEMENT

16 Rev. 01/18/2024

EXHIBIT “C”

GENERAL PROVISIONS
1) INDEPENDENT SERVICE PROVIDER . At all times during the term of this Agreement, Service Provider shall be an independent contractor and shall not be an employee of City. City shall have the right to control Service Provider only insofar as the results of Service Provider's services rendered pursuant to this Agreement; however, City shall not have the right to control the means by which Service Provider accomplishes services rendered pursuant to this Agreement.

2) LICENSES; PERMITS; ETC. Service Provider represents and warrants to City that Service Provider has all licenses, permits, qualifications, and approvals of whatsoever nature which are legally required for Service Provider to practice Service Provider's profession. Service Provider represents and warrants to City that Service Provider 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 Service Provider to practice his profession.

3) TIME. Service Provider shall devote such services pursuant to this Agreement as may be reasonably necessary for satisfactory performance of Service Provider 's obligations pursuant to this Agreement.

4) SERVICE PROVIDER NOT AN AGENT. Except as City may specify in writing, Service Provider shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Service Provider 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. Service Provider 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 Service Provider to perform services pursuant to this Agreement, Service Provider 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. Service Provider 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 Service Provider is engaged in the geographical area in which Service Provider practices his profession. All products which Service Provider 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 Service Provider 's profession. City shall be the sole judge as to whether the product of the Service Provider is satisfactory.

Doc ID: 9afd848e2b68237231cc36344a3a67668df883c5

City OF FAIRFIELD
TECHNOLOGY SOFTWARE-AS-A-SERVICE (SaaS) AGREEMENT

17 Rev. 01/18/2024

8) CANCELLATION OF AGREEMENT. City shall have the right to terminate this agreement by providing thirty (30) days written notice to Service Provider. Provided however that City shall make reasonable efforts to notify Service Provider as soon as possible that Service Provider may be subject to termination under this clause.

Additionally, this Agreement may be canceled on the anniversary of the Effective Date of this Agreement by the City at the discretion of the City Managers, or his/her designee, upon thirty (30) days written notification to Service Provider. Service Provider and City agree that there shall be no refund of fees for services performed and costs incurred up to and including the date of receipt of written notice of cancellation. Service Provider shall be entitled to no further compensation for work performed after the cancellation date. All completed and incomplete reports and documents of the Service Provider provided under this Agreement up to the date of the receipt of written notice to cease work shall become the property of City. Such rights shall be in addition to any right or remedy to which City may be entitled to under this Agreement.

9) INDEMNIFY AND HOLD HARMLESS.

a) If AGREEMENT is an agreement for design professional services subject to California Civil Code § 2782.8(a) and Service Provider is a design professional, as defined in California Civil Code § 2782.8(c)(2), to the fullest extent allowed by law, Service Provider shall hold harmless, defend and indemnify the City, its officers, agents, employees, and volunteers from and against all claims, damages, losses, and expenses including attorneys’ fees arising out of, or pertaining to, or relating t o the negligence, recklessness, or willful misconduct of the Service Provider, except where caused by the active negligence, sole negligence, or willful misconduct of the City.

b) If AGREEMENT is not an agreement for design professional services subject to California Civil Code § 2782.8(a) or Service Provider is not a design professional as defined in subsection 10(a) above, to the fullest extent allowed by law, Service Provider shall indemnify, defend, and hold harmless the City, its officers, agents, employees and volunteers from all claims, suits, or actions of every name, kind and description, brought forth on account of injuries to or death of any person or damage to property arising from or connected with the willful misconduct, negligent acts, serious errors or omissions, ultra-hazardous activities, activities giving rise to strict liability, or defects in design by Service Provider or any person directly or indirectly employed by or acting as agent for Service Provider in the performance of this Agreement, including the concurrent or successive passive negligence of the City, its officers, agents, employees or volunteers.

It
is understood that the duty of Service Provider 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 Service Provider 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.

Service Provider’s responsibility for such defense and indemnity shall survive Doc ID: 9afd848e2b68237231cc36344a3a67668df883c5

City OF FAIRFIELD
TECHNOLOGY SOFTWARE-AS-A-SERVICE (SaaS) AGREEMENT

18 Rev. 01/18/2024

termination or completion of this agreement for the full period of time allowed by law.

10) 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.

11) 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, sub- contractors, 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.

12) SERVICE PROVIDER NOT A PUBLIC OFFICIAL. Service Provider is not a "public official" for purposes of Government Code §§ 87200 et seq. Service Provider 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, Service Provider possesses no authority with respect to any City decision beyond these conclusions, advice, recommendation, or counsel.

13) EMPLOYMENT DEVELOPMENT DEPARTMENT REPORTING REQUIREMENTS.

When the City executes an agreement for or makes payment to Service Provider in the amount of $600 (six hundred dollars) or more in any one calendar year, Service Provider shall provide the following information to City to comply with Employment Development Department (EDD) reporting requirements:

a) Whether Service Provider 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 Service Provider is doing business as a sole proprietorship, Service Provider shall provide the full name, address and social security number or federal tax identification number of the sole proprietor.

c) If Service Provider is doing business as other than a sole proprietorship, Service Provider shall provide Service Provider’s federal tax identification number.

14) NOTICES. All notices shall be given in writing to the following addresses or other such addresses as the parties may designate by written notice:

To City: City of Fairfield
Attn: Shaun Vigil
c/o Public Works - Transportation
2000 Cadenasso Dr
Doc ID: 9afd848e2b68237231cc36344a3a67668df883c5

City OF FAIRFIELD
TECHNOLOGY SOFTWARE-AS-A-SERVICE (SaaS) AGREEMENT

19 Rev. 01/18/2024

Fairfield, California 94533

To Service Provider:

Swiftly, Inc.

Attn: Rob Gaffney
2261 Market Street
#4151
San Francisco, CA, 94114

15) GOVERNING LAW AND VENUE. This Agreement shall be governed by the laws of the State of California and, in the event of litigation, venue will be in the County of Solano.

16) PROPRIETARY AND CONFIDENTIAL INFORMATION. Service Provider agrees that all of the information it obtains from City constitutes City’s confidential property (“Confidential Information”) regardless of whether such information is pre- marked as confidential or in any other manner to indicate its confidential nature. Except as expressly authorized herein, Service Provider agrees to hold in confidence and not disclose any Confidential Information. Service Provider further agrees to establish such systems and procedures as may be reasonable to maintain City’s Confidential Information. Service Provider’s nondisclosure obligation shall not apply to information which Service Provider can document: (a) was rightfully in its possession or known to it prior to receipt of the Confidential Information; (b) is or has become public knowledge through no fault of Service Provider ; (c) is rightfully obtained by Service Provider from a third party without breach of any confidentiality obligation; or (d) is required to be disclosed pursuant to the order or requirement of a court, administrative agency, federal law, foreign state law, California state law, applicable regulatory authorities, or other governmental body.

17) DIVULGING OF CONFIDENTIAL OR PROPRIETARY INFORMATION. Should City require the services of a third party to operate, maintain or modify the Product(s) nothing in this Agreement shall preclude City from doing so. City shall provide Service Provider with as much notice as practicable before utilizing or divulging any proprietary information or trade secrets so that Service Provider may coordinate and or limit the delivery of said information to the third party necessary to accomplish said operation, modification or maintenance. Any third party receiving Confidential or Proprietary Information or trade secrets under this paragraph must agree to the same prohibition against disclosure as City.

18) SEVERABILITY. The City and the Service Provider agree that if any provision of this Agreement is found to be illegal or unenforceable, such term or provision shall be deemed stricken and the remainder of the Agreement shall remain in full force and effect.

Either party having knowledge of such term or provision shall promptly inform the other of the presumed non-applicability of such provision.

Doc ID: 9afd848e2b68237231cc36344a3a67668df883c5

City OF FAIRFIELD
TECHNOLOGY SOFTWARE-AS-A-SERVICE (SaaS) AGREEMENT

20 Rev. 01/18/2024

EXHIBIT “D”

INSURANCE REQUIREMENTS
Service Provider 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 Service Provider, its agents, representatives, or employees.

1) MINIMUM SCOPE AND LIMITS OF INSURANCE

a) Commercial General Liability coverage (occurrence Form CG 00 01) with minimum limits of $1,000,000 per occurrence for bodily injury, personal injury, products and completed operations, and property damage. If Commercial General Liability or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.

b) Automobile Liability coverage (Form CA 00 01 with Code 1 – any auto) with minimum limits of $1,000,000 per accident for bodily injury and property damage.

c) Workers’ Compensation insurance as required by the State of California and Employers’ Liability insurance, each in the amount of $1,000,000 per accident for bodily injury or disease.

2) INDUSTRY SPECIFIC COVERAGES

The following insurance is also required.

X Cyber Liability Insurance in the minimum amount of $1,000,000 per occurrence Doc ID: 9afd848e2b68237231cc36344a3a67668df883c5

City OF FAIRFIELD
TECHNOLOGY SOFTWARE-AS-A-SERVICE (SaaS) AGREEMENT

21 Rev. 01/18/2024

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 Service Provider 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, cyber liability, garage keepers liability and builder’s risk policies) are to contain, or be endorsed to contain, the following provisions:

i) The City, its officers, officials, employees and volunteers are to be covered as insureds as respects: liability arising out of work or operations performed by or on behalf of the Service Provider; products and completed operations of the Service Provider; premises owned, occupied or used by the Service Provider; and automobiles owned, leased, hired or borrowed by the Service Provider. 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 Service Provider’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 excess of the Service Provider’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 Service Provider’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 Service Provider’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.

Doc ID: 9afd848e2b68237231cc36344a3a67668df883c5

City OF FAIRFIELD
TECHNOLOGY SOFTWARE-AS-A-SERVICE (SaaS) AGREEMENT

22 Rev. 01/18/2024

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.

d) 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.

The endorsements are to be on forms equivalent to CG 20 10 11 85 subject to CITY approval. All insurance certificates and endorsements are to be received and approved by the CITY before work commences, these documents must be submitted electronically through the Exigis insurance system,
[email protected]. At the request
of the CITY, CONSULTANT shall provide complete copies of all required insurance policies, including endorsements effecting the coverage required by these specifications.

e) SUB-CONTRACTORS. Service Provider shall require all subcontractors to procure and maintain insurance policies subject to the requirements of Exhibit D. Failure of Service Provider to verify existence of sub- contractor’s insurance shall not relieve Service Provider from any claim arising from sub- contractors work on behalf of Service Provider.

Doc ID: 9afd848e2b68237231cc36344a3a67668df883c5

FAST Contract with Swiftly
Swiftly_Renewal_Dec2024__1_.pdf
9afd848e2b68237231cc36344a3a67668df883c5

MM / DD / YYYY
Signed
11 / 25 / 2024
14:19:46 UTC-8
Sent for signature to Rob Gaffney ([email protected]) from [email protected]
IP: 73.231.173.111
11 / 25 / 2024
14:28:24 UTC-8
Viewed by Rob Gaffney ([email protected])
IP: 73.95.73.16
11 / 25 / 2024
14:28:51 UTC-8
Signed by Rob Gaffney ([email protected])
IP: 73.95.73.16
The document has been completed.
11 / 25 / 2024
14:28:51 UTC-8

Agenda Item No: U.6

AGENDA REPORT
DATE: December 17, 2024

TO: Mayor and Council

FROM: David Gassaway, City Manager

SUBJECT: Resolution 2024-287

Authorizing the City Manager to Submit Invoices to the U.S. Department of Energy (DOE) Energy Efficiency and Conservation Block Grant Program (EECBG) and Receive Rebate Vouchers and Authorizing an Update to the Fiscal Year 2024-2025 Budget

Funding Source: N/A

Contact: David Renschler, (707) 428-7414

RECOMMENDED ACTION
Adopt resolution.

STATEMENT OF ISSUE
The proposed resolution would authorize the city manager to change the original application for electrical infrastructure to electric vehicle purchases and submit equipment rebate vouchers for up to $164,990 with the U.S. Department of E nergy (DOE) to fund up to three electric vehicles for the municipal non-safety vehicle fleet.

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

The City is in the process of transitioning its transit and municipal fleet at various locations in the City to battery -electric vehicles (EVs). The City has started a pilot program with four different brands of electric chargers and several EV types to determine the best value moving forward.

Staff applied for the EECBG Equipment Rebate Voucher Program, and the City has been approved for up to $152 ,032 in reimbursements for EV charging infrastructure. On August 20, 2024, City Council approved the program ’s use for EV charging infrastructure. Staff have recently found a

way to utilize the full $164,990 amount by utilizing the voucher program for vehicle purchases in lieu of the lesser amount for the infrastructure. Changing the application and scope of this project to vehicles from infrastructure will increase the rebate funding received by the City.

The EECBG rebate vouchers will provide much-needed financial assistance to the municipal fleet and help the City in compliance with California Air Resources Board (CARB) zero-emission vehicle regulations. The voucher funds will be used to reimburse the City for the full cost of two Ford Lightning extended-range EVs and the partial cost of a third Ford Lightning extended-range EV.

FINANCIAL IMPACT
The City will receive up to $164,990 from the U.S. DOE EECBG program for electrification. This program requires no local match, although the City will need to purchase upfront and turn in invoices for reimbursement. Council has previously approved the purchase of three Ford Lightning out of Fund 512 for a not to exceed amount of $288,000. Staff is proposing to make the purchases from Fund 155 and transfer funds from Fund 512 to Fund 155 for any unreimbursed expenditures not to exceed 123,010. The previously planned charging infrastructure will utilize funds in Fund 512.

PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
N/A

ALTERNATIVE ACTION
The council may reject t hese acquisitions; however, this is not recommended because of the need to provide safe, serviceable, and cost -effective fleet vehicles that will meet CARB regulations.

COORDINATED WITH
N/A

STAFF CONTACT
David Renschler, Fleet Division Manager
(707) 428-7414
[email protected]

ATTACHMENTS
Attachment 2: Proposed Resolution

CITY OF FAIRFIELD

RESOLUTION NO. 2024-287

AUTHORIZING THE CITY MANAGER TO SUBMIT INVOICES TO THE U.S. DEPARTMENT OF

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

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

WHEREAS, the City has been approved for rebate vouchers up to $164,990 by the EECBG Equipment Rebate Voucher Program; and

WHEREAS, the City wishes to purchase electric vehicles for the municipal fleet.

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

Section 1. The city manager or designee is hereby authorized on behalf of the City of Fairfield to submit invoices to the EECBG Equipment Rebate Voucher Program and receiv e rebate vouchers.

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

Section 3. The council hereby approves a transfer of up to $ 123,010 from Fund 512 to Fund 155 to pay for unreimbursed expenditures from the program.

RES. NO. 2024-287

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

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

_________________________________________________
MAYOR
ATTEST:
___________________________

CITY CLERK

Agenda Item No: U.7

AGENDA REPORT
DATE: December 17, 2024

TO: Mayor and Council

FROM: David Gassaway, City Manager

SUBJECT: Resolution 2024-287

Approving a Contractor Services Agreement with New Image Landscaping Company for Landscape Maintenance Services at Community Parks – Allan Witt Park, Laurel Creek Park, and Civic Center

Funding Source: $288,165; General Fund

Contact: Gary Sponsler, (707) 428-7416

RECOMMENDED ACTION
Adopt resolution.

STATEMENT OF ISSUE
Approval of the attached resolution will authorize the city manager to execute a contractor services agreement with New Image Landscaping Company (New Image) in the amount of $288,165 for landscape maintenance services at Community Parks – Allan Witt Park, Laurel Creek Park, and Civic Center.

DISCUSSION
The previous agreement with Dominguez Landscaping Services (Dominguez) for landscape maintenance services at Community Parks – Allan Witt Park, Laurel Creek Park, and Civic Center expired in December 2023, after Dominguez unexpectedly moved their operations out of Solano County. Since then, maintenance has been provided by New Image on a month -to-month basis under a service contract.

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

New Image has been delivering landscape maintenance services to municipalities, homeowner associations, apartments communities and commerci al properties in Fairfield and surrounding area since 2006. New Image is a full-services landscape care company providing weekly landscape

maintenance, tree pruning and removals, as well as a complete range of irrigation repairs and renovation.

The approval of the attached resolution will authorize the city manager to execute a contractor services agreement with New Image in the amount of $288,165 for landscape maintenance services at Community Parks – Allan Witt Park, Laurel Creek Park, and Civic Center. The initial 12- month term of the agreement will be from January 1, 2025, through December 31, 2025, with an option to extend for up to two additional terms of up to 24 months each term.

FINANCIAL IMPACT
Total authorization for the services agreement at Community Parks is $288,165 (Allan Witt Park in the amount of $137,259, Laurel Creek Park in the amount of $100,986, and Civic Center in the amount of $49,920) for an initial term beginning January 1, 2025, and ending December 31, 2025, which will be paid from the General Fund (Organization Code 10160306).

PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
N/A

ALTERNATIVE ACTION
The council may choose not to approve the attached resolution, and New Image may agree to provide landscape maintenance services under an existing open service contract on a month-to- month basis.

COORDINATED WITH
N/A

STAFF CONTACT
Valerie Standfill, Management Analyst
(707) 428-7055
[email protected]

ATTACHMENTS
Attachment 2: Proposed Resolution
Attachment 3: Proposed Agreement

CITY OF FAIRFIELD

RESOLUTION NO. 2024-288

APPROVING A CONTRACTOR SERVICES AGREEMENT WITH NEW IMAGE LANDSCAPING COMPANY FOR LANDSCAPE MAINTENANCE SERVICES AT COMMUNITY PARKS – ALLAN WITT

PARK, LAUREL CREEK PARK, AND CIVIC CENTER

WHEREAS, landscaping services in the Community Parks – Allan Witt Park, Laurel Creek Park, and Civic Center are funded with assessments levied under the General Fund; and

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

WHEREAS, the City wishes to enter into a contractor service s agreement with New Image Landscaping Company (New Image) for landscape maintenance services in Community Parks – Allan Witt Park, Laurel Creek Park, and Civic Center.

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

Section 1. The city manager or designee is hereby authorized and directed to execute on behalf of the City of Fairfield a contractor services agreement (Agreement) substantially in the form attached between the City of Fairfield and New Image for landscape maintenance services at Allan Witt Park in the amount of $ 137,259, Laurel Creek Park in the amount of $100,986 , and Civic Center Park in the amount of $49,920, and for a total authorization of $288,165 for an initial 12-month term beginning January 1, 2025, and ending December 31, 2025.

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

RES. NO. 2024-288

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

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

_________________________________________________
MAYOR
ATTEST:
___________________________

CITY CLERK

1 Rev. 01/26/2024

CONTRACTOR SERVICES AGREEMENT

LANDSCAPE MAINTENANCE SERVICES FOR COMMUNITY PARKS – ALLAN WITT PARK, LAUREL

CREEK PARK, AND CIVIC CENTER

THIS AGREEMENT is made at Fairfield, California, as of ____________, 2025, by and between the City of Fairfield, a municipal corporation (“CITY") and New Image Landscaping Company ("CONTRACTOR"), who agree as follows:

1) SERVICES. Subject to the terms and conditions set forth in this Agreement, CONTRACTOR shall provide to the CITY the services described in Exhibit “A”. CONTRACTOR shall provide said services at the time, place, and in the manner specified in Exhibit “A”.

2) PAYMENT. CITY shall pay CONTRACTOR for services rendered pursuant to this Agreement at the times and in the manner set forth in Exhibit “B.” The payments specified in Exhibit “B” shall be the only payments to be made to CONTRACTOR for services rendered pursuant to this Agreement. CONTRACTOR shall submit all billings for said services to the CITY in the manner specified in Exhibit “B.” CONTRACTOR’s proposal is incorporated for referen ce in Exhibit “B-1.”

3) FACILITIES AND EQUIPMENT . CONTRACTOR shall, at its sole cost and expense, furnish all facilities and equipment which may be required for furnishing services pursuant to this Agreement.

4) GENERAL PROVISIONS . The general provisions set forth in the City of Fairfield Standard Specifications and Details, latest edition and Exhibit “C” are part of this Agreement. In the event of any inconsistency between said general provisions and any other terms or conditions of this Agreement, the provisions set forth in Exhibit “C” shall control.

5) INSURANCE REQUIREMENTS. The insurance requirements set forth in Exhibit “D” are part of this Agreement. In the event of any inconsistency between said general provisions and any other terms or conditions of this Agreement, the requirements set forth in Exhibit “D” shall control.

6) BUSINESS LICENSE. The CONTRACTOR shall obtain and keep current a business license for work within the City of Fairfield pursuant to Chapter 10B of the Fairfield City Code, with respect to the gross receipts received pursuant to this Agreement. No payments shall be made to any SERVICE PROVIDER until such business license has been obtained, and all fees paid therefore, by the CONTRACTOR. Business license applications and information may be obtained from the Community Development Department, Fairfield City Hall, 1000 Webster Street, Fairfield, CA 94533-4883, (707-428-7509) and online at www.fairfield.ca.gov/biz

7) EXHIBITS. All exhibits referred to herein are attached hereto and are by this reference incorporated herein.

8) TERM. This agreement shall be in effect from January 1, 2025 , through December 31, 202 5.

Docusign Envelope ID: DF9DA209-612F-41EA-8EE2-DE2997BD615B

2 Rev. 01/26/2024
This Agreement may be extended for up to two (2) additional terms of up to twenty-four (24) months each term with negotiated terms and conditions including a negotiated compensation adjustment not to exceed the June San Francisco-Oakland-Hayward Consumer Price Index for Urban Wage Earners and Clerical Workers (not seasonally adjusted for all items) upon mutual written Agreement of both parties.

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

10) AMENDMENTS TO SCOPE OF WORK. Notwithstanding the above, at the approval of the Public Works Director or designee, CITY and CONTRACTOR may mutually agree in writing to modify the Scope of Work set forth in Exhibit “A” in order to address the changing landscaping service needs of CITY; however, such modification shall not increase the not -to-exceed amount of the AGREEMENT set forth in Exhibit “B.”

EXECUTED as of the day first above-stated.

City of Fairfield, a municipal corporation

By:

David, Gassaway, City Manager

New Image Landscaping Company

By:

Jeffrey Suzuki, General Manager

Docusign Envelope ID: DF9DA209-612F-41EA-8EE2-DE2997BD615B

3 Rev. 01/26/2024
EXHIBIT “A”

SCOPE OF SERVICE

LANDSCAPE MAINTENANCE TECHNICAL PROVISIONS

1. LOCATION OF SERVICES

Allan Witt Park 46.5 acres Located on West Texas Street at 5th Street Civic Center 10.0 acres Located on Civic Center Drive
Laurel Creek Park 30.5 acres Located on Cement Hill Road at Peppertree Drive

Refer to the Area Index Maps. CONTRACTOR should conduct an independent field survey for exact measurement.

Allan Witt and Laurel Creek Parks

CONTRACTOR will be responsible for all irrigation systems beyond the water meter, plant material, trees, hardscapes, entry signs, high weed mowing of open space and any other requirements of these specifications.

Civic Center

CONTRACTOR will be responsible for only lawn care as outlined in these specifications.

2. DESCRIPTION OF SERVICES

A. Lawn Care – All Locations

CONTRACTOR shall maintain all lawn areas on the sites covered by this agreement in a healthy, growing condition by performing the following operations and other work incidental hereto:

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

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e. Mowing directions shall be periodically alternated.
f. "Scalping" of turf will not be permitted.
g. Tufts of grass in corners or other areas that cannot be reached by a mower shall be mowed with a monofilament line trimmer.
h. CONTRACTOR may choose to use mulching blades on mowers; however, all excessive mowed clippings (as determined by the CITY) shall be removed from the job site on the same day.
i. Mowing schedules at Allan Witt and Laurel Creek parks shall be coordinated with the CITY. Civic Center shall be mowed on Fridays.
j. Any damage to the turf caused by a mower shall be the responsibility of CONTRACTOR to make the repairs to the satisfaction of the CITY.

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

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

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

V. Irrigation - Allan Witt and Laurel Creek Parks
a. Over-watering or under -watering, for whatever reason, must be corrected immediately upon notification.
b. Laurel Creek Park irrigation system operates under CITY’s central irrigation (computerized) system; contact the CITY for programming requests in those areas.
c. Watering times shall begin after 9 pm and be completed before 6 am, wherever possible.
d. Irrigation controllers shall use repeat cycling where possible to allow water to soak in and prevent runoff or ponding.

B. Shrub and Ground Cover – Allan Witt and Laurel Creek Parks I. Shrub Pruning
a. Shrubs shall be pruned at least two times (2X) per year during the months of April and October, subject to change due to weather.

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b. Shrubs, when sheared, shall be tapered back to form a natural appearance; vertical edges shall not be allowed.
c. Shrubs and ground cover will be pruned to prevent encroachment on walkways, paths, curbs, paved areas and fence lines. Shrubs and ground cover shall be maintained inside the edges of curbs or planter bed borders. d. Shrubs and ground cover shall be pruned to remove all dead or damaged growth.
e. Where needed, ground cover shall be mowed once per year in March to encourage healthy growth and allow for irrigation coverage.

II. Ground Cover Pruning
a. Ground Cover shall be pruned and edged two times (2X) per year during the months of April and October, in Laurel Creek Park. May and November in Allan Witt Park.
b. Where needed, ground cover shall be mowed once per year in March to encourage healthy growth and allow for irrigation coverage. c. Ground cover, such as ivy will not be allowed to grow/spread onto trees, walls, fences, buildings and other amenities.

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

C. IRRIGATION SYSTEM - Allan Witt and Laurel Creek Parks I. General
a. Throughout the term of this agreement CONTRACTOR shall provide labor, equipment and materials for the repair or replacement of irrigation system components including; leaking lateral lines; sprinkler heads; valves; quick couplers; and irrigation controllers.
b. Before beginning these maintenance program operations under the provisions of this agreement, CONTRACTOR shall inspect all installed irrigation systems on the site(s) covered by this agreement and shall report damage or malfunction of any system to the CITY.
c. It is the CITY's objective to actively pursue water conservation within the maintenance program. CONTRACTOR should expect the administration of the irrigation specifications to be closely monitored. The irrigation system shall be adjusted as necessary to prevent overspray onto paved areas and runoff down the gutters. Multiple repeat cycles shall be utilized as needed to provide best irrigation efficiency.
d. All controller stations shall be labeled in an easy to read manner inside each controller box. Labeling shall include a description of the areas covered by each station.
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work. CONTRACTOR shall flush the end of drip lines monthly to remove all dirt buildup.
f. CONTRACTOR shall maintain all valve boxes and lids in good condition. This includes removal of any plant growth inside the boxes and removing any excessive dirt or debris from the inside of the box. Standing water in the valve boxes shall not be allowed to remain permanently.
g. CITY may, at its option, perform repairs in-house.

II. Irrigation Scheduling and Adjustments
a. Programming of controllers shall be performed by CONTRACTOR to maintain healthy growing plant material. Each month CONTRACTOR will provide the CITY with a complete written schedule of watering for all controllers. b. CITY prefers watering time to be between 9:00 PM and 6:00 a.m., whenever possible. Saturdays, Sundays, afternoons and early evening are the high public use times. Watering will typically not be allowed Fridays at 7:00 a.m. though Sundays at 9:00 p.m. There may be exceptions that occur from changing weather conditions or to accommodate a special event schedule.

Irrigation schedules shall be coordinated with the CITY. c. Drip irrigation systems may be operated during the day. d. All sprinklers shall be adjusted properly to avoid spraying water on parked cars, roadways, walkways, buildings, signs, fences and other property that may be damaged by water.
e. In the event that CITY crews have to adjust irrigation scheduling due to improper irrigation scheduling or maintenance, CONTRACTOR shall be billed for CITY crew time.
f. CONTRACTOR will perform a complete system check of all controllers and valves, including coverage testing and sprinkler adjustments no later than April 151h. This date may be delayed by the CITY due to weather.

III. Water Requirements
a. CONTRACTOR shall have full responsibility to ensure watering requirements are met within each landscape area. CONTRACTOR 's forces shall be capable of performing repairs, installations and modifications of existing irrigation systems to adequately irrigate all landscaped areas on a full time basis. b. CONTRACTOR shall ensure that sprinkler heads are in good operational order, filters are cleaned regularly and nozzles are replaced when worn or inadequate coverage occurs. Any minor changes such as riser extensions (vertically or horizontally), sprinkler h ead exchanges and filter replacements will be considered as included in the contract price and therefore no additional compensation will be allowed.
c. All electrically operated valves shall close completely at the conclusion of the station watering program. Weeping valves shall be immediately repaired. d. Valve boxes shall be kept clean of rocks, soil, debris and silt to a depth of 2" below the bottom of the valve. All valve box lids shall be in place and locking bolts secured at all times.

IV. Irrigation Repairs
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a. CONTRACTOR will have a qualified employee check each irrigation controller and activate all stations on every controller each week. Repairs and adjustments shall be made at that time.
b. Any repair that necessitates removal of a valve body shall include the installation of pea gravel to a depth of four (4) inches below the valve and a union between the main line and the valve.
c. All irrigation system repairs, including vandalism shall be completed within 24 hours of knowledge of the problem. If repairs cannot be accomplished within the designated time period, CONTRACTOR shall notify the CITY immediately of the condition and supply estimated time of when the repairs will be made. d. CONTRACTOR must replace all broken irrigation system components with items of the same brand and model. CITY must approve all substitutions. e. All valves shall be kept in such condition that they are able to be manually operated by the bleeder valve.

V. Controller repairs
a. Repairs to irrigation controllers shall be CONTRACTOR ‘s responsibility.

Controllers that are beyond repair will be replaced at CONTRACTOR's expense.
b. Automatic controllers and electrical conductors shall be kept operational year round. Controllers will be inspected periodically by CITY to ensure that each system's programming is operational.
c. Controller cabinets shall be maintained clear of debris, nests, snails and insects.

VI. Irrigation System Vandalism
a. The cost of parts and labor to replace stolen or vandalized portions of the irrigation system are considered as a part of the contract unless the cost of the incident exceeds $500 before mark -up and such incident has been reported to the Fairfield Police Department and the CITY. b. In the event that such vandalism costs exceed $500 before mark -up CONTRACTOR shall be responsible for the first $500 in materials and shall provide the labor to install at no additional cost. CITY will be responsible only for that portion of the materials cost that exceeds $500 before markup.

D. PEST MANAGEMENT- All Locations
I. Laws and Regulations
a. CONTRACTOR shall comply with all Federal, State and local laws and regulations governing the use of chemicals for the control of weeds, diseases and pests, including obtaining all the required permits and licenses for the possession and use of pesticides.
b. CONTRACTOR shall register with the Solano County Department of Agriculture and shall obtain a Solano County Operator Identification Number for each year of the contract. CONTRACTOR will furnish the CITY with a copy Docusign Envelope ID: DF9DA209-612F-41EA-8EE2-DE2997BD615B

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

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

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

E. GENERAL MAINTENANCE AND CLEANUP - Allan Witt and Laurel Creek Parks I. General
a. CONTRACTOR shall collect all mowed grass, clippings, trimmings, cuttings, rubbish and debris at each site covered by this agreement and shall remove the same promptly from each site and dispose of same in a lawful manner at CONTRACTOR’s expense.
b. All areas shall be kept free of leaves, pine needles, litter, including broken glass or other such debris. All broken glass shall be immediately removed when discovered.
c. CONTRACTOR shall keep all cracks and seams in sidewalks, curbs, street gutters and other paved areas free of weeds.
d. CONTRACTOR shall keep sidewalks and paved areas swept and cleaned of any dirt or soil that might be washed from adjacent slopes or planted areas. e. Worksites shall be left orderly and neat upon completion of work for that particular work day.

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f. Parks are subject to scheduled group activities. When notified of such planned activities CONTRACTOR shall arrange his site visits to create the least impact on the group activity. Planned group activities may require CONTRACTOR to occasionally make change s to mowing and irrigation schedules and arrange for additional trash pickup.

II. Trash Containers
a. Trash containers will be emptied on Mondays, Wednesdays and Fridays before 3:30 p.m.
b. No clippings, trimmings, brush or debris resulting from CONTRACTOR 's performance under this agreement shall be deposited in the trash cans placed by CITY at various locations in the areas covered by this agreement.

III. Fence Lines
a. Fence lines shall be kept free of trash, weeds, grass and pruning's.

IV. Dust Control
a. CONTRACTOR shall control airborne dust at all times. Dust control shall conform to section 1O, "Dust Control," of the State Standard Specifications. b. All costs associated with dust control are assumed to be included in the contract bid and no additional compensation will be allowed therefore.

F. HIGH WEED MOWING -Allan Witt and Laurel Creek Parks
I. All high -weed mowing (as listed in area descriptions) will be performed three times (3X) per year during the months of April, June and September.

G. MISCELLANEOUS FACILITIES - Allan Witt and Laurel Creek Parks General - the items listed below are considered routine maintenance and therefore will not be considered extra work.

I. Playgrounds
a. Safety
(i) Playground safety is a key component of park maintenance. CONTRACTOR will remove all debris, paying particular attention to glass, needles and hidden items in the play areas. All other concerns and problems will be reported to CITY immediately.
b. Play and Exercise Equipment Repair

(i) CONTRACTOR will not be responsible for the repair of play equipment or fitness station exercise equipment, but should immediately report any damaged equipment to the CITY.

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II. Drinking Fountains
a. CONTRACTOR will not be responsible for the repair and replacement of drinking fountains but should immediately report any damaged drinking fountains to the CITY.

III. Barbeques
a. CONTRACTOR will be responsible for cleaning all park barbeques every Friday between April 1 and October 15. Special events may occasionally require more frequent cleanings.
b. Barbeque cleaning will consist of the following steps. c. Clean grill surface and surrounding areas with FOOD SAFE degreaser d. Food residue and other debris will be removed from cooking surface and surrounding area by scrubbing with a wire brush.
e. Clean Sinks with cleanser, wipe down to remove residue, hose sink area off. f. Spent coals or other debris to be removed to a safe location. In no case will hot coals be deposited into trash receptacles.
g. Ashes will be manually removed from barbeque pits. In no case will ashes be removed by use of a blower.

IV. Drainage System Areas – Laurel Creek Park only
a. All drainage systems on the properties for purposes of rainwater or irrigation water collection, whether surface swales, trench drains, V -ditches, catch basins or gutters shall be maintained in a clean condition free of debris, erosion waste, weeds or any blockage.
b. Gutters and curb way aprons that border the park entrance shall be kept clean of weeds and gardening debris.
c. CONTRACTOR shall prevent any material created as a result of his activities from entering the storm drain system. The storm drain system includes, but is not limited to. the gutter, the roadway, V-ditches, catch basins, creeks, and any underground storm wa ter conduit. Proper storm water pollution prevention techniques and procedures shall be used during all phases of the maintenance work.
d. All concrete-lined ditches within the landscape areas shall be kept clean and clear at all times. The catch basins that these ditches empty into shall be thoroughly cleaned out once per month by the 15th of the month between October 15 to April 15. More frequent cleaning may be required due to heavy rains. Edges should be checked periodically for erosion and damage to concrete structures. Special care will be taken by CONTRACTOR to keep debris out of all basins while V-ditch maintenance is occurring. e. When a drainage system is blocked by debris from off the site or by erosion waste from offsite major storm damage, correction will be made by others after prompt notification by CONTRACTOR or will be considered extra -cost work as approved by CITY.

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V. Erosion Control
a. CONTRACTOR shall not be responsible for structural maintenance or repair or replacement of swales and drain lines except for such structural maintenance, repair or replacement resulting from damage caused by CONTRACTOR or his agents.
b. Erosion resulting from major storm damage that requires major slope reconstruction and/or installation of additional drainage facilities shall be the responsibility of others.

VI. Sidewalks and Driveways
a. Debris and silt shall be immediately removed from sidewalks, gutters and driveways.

VII. Skate Park
a. CONTRACTOR will inspect the Skate area one time (1X) per week. During such visits CONTRACTOR will remove litter and notify CITY of any debris in bowls.

VIII. Horseshoe Pits
a. Horseshoe pits shall be maintained in a weed-free condition.

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3. MAINTENANCE SCHEDULE

All schedules are subject to change at the pleasure of CITY or due to weather and other considerations.

MOWING and EDGING are the only services performed at CIVIC CENTER.

LAWN AREAS FREQUENCY
Irrigation System checks One time (1X) per month
Irrigation Repairs Within 24-hours (working days)
Mow Weekly
Edge Weekly

SHRUBS AND TREES FREQUENCY
Leaf, litter, and trash removal Weekly
Weed control As needed
Shrub Pruning Two times (2X) per year during the months of April and October, subject to change due to
weather.

Irrigation System checks One time (1X) per month
Irrigation repairs Within 24-hours (working days)
Pre-emergent-planter beds and tree wells Two times (2X) per year during the months of February and November.

GROUND COVER & VINES FREQUENCY
Leaf, Litter, and Trash Removal Weekly
Weed Control Weekly
Irrigation system checks One time (1X) per month
Irrigation repairs Within 24-hours (working days)
Pre-emergent Two times (2X) per year during the months of February and November
Prune & Edge Two times (2X) per year during the months of May and November, subject to change due to
weather.

Mow One Time (1X) per Year (where needed) in
March

UNDEVELOPED AREAS FREQUENCY
Leaf, litter, and trash removal Weekly
Weed Control As Needed
Pre-emergent-gravel (unpaved) areas Twice Yearly during February and November High-Weed Mow (describe areas in
contract)
Three Times per Year: April, June, September

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PAVED AREAS FREQUENCY
Leaf, Litter, and Trash Removal Weekly (leaf removal September – November) Weed Control Twice Monthly

SITE CONSIDERATIONS FREQUENCY
Site Inspections with CITY At least once per month
Trash Cans Emptied Three Times (3X) / Week: Mon, Wed, Fri.

Horseshoe Pits Keep sand pits weed free
Clean V-Ditches/Orain Inlets Inspected and cleaned weekly between October 15 and April 15

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4. AREA MAPS INDEX

Allan Witt Park .............................................................................................................. AM–1 Civic Center Park .......................................................................................................... AM–2 Laurel Creek Park ......................................................................................................... AM–3

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Allan Witt Park

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Civic Center Park

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Laurel Creek Park

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EXHIBIT “B”

PAYMENT

1) The total contract price for services rendered by CONTRACTOR under this Agreement shall not exceed $288,165.00 for the initial 1 2-month term, which is effective January 1 , 2025, through December 31, 2025.
2) Payment shall be made to CONTRACTOR based on monthly progress billings and final invoice.

Final invoice to be submitted on completion of scope of work set forth in Exhibit “A”. 3) Any additional meetings or work required beyond that set forth in Exhibit “A” shall be mutually agreed to by the CITY and CONTRACTOR, and shall be billed on a time and materials basis to the City of Fairfield.

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EXHIBIT “B-1”

COMMUNITY PARKS – ALLAN WITT PARK BID SHEET

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COMMUNITY PARKS – CIVIC CENTER BID SHEET

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COMMUNITY PARKS – LAUREL CREEK PARK BID SHEET

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EXHIBIT “C”

GENERAL PROVISIONS
1) INDEPENDENT CONTRACTOR. At all times during the term of this Agreement, CONTRACTOR shall be an independent Contractor and shall not be an employee of CITY. CITY shall have the right to control CONTRACTOR only insofar as the results of CONTRACTOR's services rendered pursuant to this Agreement; however, CITY shall not have the right to control the me ans by which CONTRACTOR accomplishes services rendered pursuant to this Agreement. 2) LICENSES; PERMITS; ETC. CONTRACTOR represents and warrants to CITY that CONTRACTOR has all licenses, permits, qualifications, and approvals of whatsoever nature which are legally required for CONTRACTOR to practice CONTRACTOR's profession. CONTRACTOR represents and warrants to CITY that CONTRACTOR shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any licenses, permits, and approvals which are legally required for CONTRACTOR to practice his profession. 3) TIME. CONTRACTOR shall devote such services pursuant to this Agreement as may be reasonably necessary for satisfactory performance of CONTRACTOR's obligations pursuant to this Agreement. CONTRACTOR shall adhere to the Schedule of Activities as described in their Executive Summary.
4) CONTRACTOR NOT AN AGENT. Except as CITY may specify in writing, CONTRACTOR shall have no authority, express or implied, to act on behalf of CITY in any capacity whatsoever as an agent. CONTRACTOR shall have no authority, express or implied, pursuant to this Agreement, to bind CITY to any obligation whatsoever.
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. CONTRACTOR shall assign only competent personnel to perform services pursuant to this Agreement. In the event that CITY, in its sole discretion, at anytime during the term of this Agreement, desires the removal of any person or persons assigned by CONTRACTOR to perform services pursuant to this Agreement, CONTRACTOR shall remove any such person immediately upon receiving notice from CITY of the desire of CITY for the removal of such person or persons.
7) STANDARD OF PERFORMANCE. CONTRACTOR shall perform all services required pursuant to this Agreement. Services shall be performed in the manner and according to the standards observed by a competent practitioner of the profession in which CONTRACTOR is engaged in the geographical area in which CONTRACTOR practices his profession. All products which CONTRACTOR delivers to CITY pursuant to this Agreement shall be prepared in a workmanlike manner, and conform to the standards of quality normally observed by a person practicing in CONTRACTOR's profession. CITY shall be the sole judge as to whether the product of the CONTRACTOR is satisfactory.

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

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

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

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) CONTRACTOR NOT A PUBLIC OFFICIAL. CONTRACTOR is not a "public official" for purposes of Government Code §§ 87200 et seq. CONTRACTOR conducts research and arrives at his or her Docusign Envelope ID: DF9DA209-612F-41EA-8EE2-DE2997BD615B

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

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

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

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

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

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

The City Engineer before execution of the contract by City may require that Contractor submit the documents enumerated in Code of Civil Procedure section 995.660 to verify the sufficiency of the surety or sureties on the contract bonds.

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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 $ 2,000,000 per occurrence for bodily injury, personal injury, products and completed operations, and property damage. If Commercial General Liability or other form with a general aggregate limit is used, either the general aggregate limit shall apply separa tely to this project/location or the general aggregate limit shall be twice the required occurrence limit. b) Automobile Liability coverage (Form CA 00 01 with Code 1 – any auto) with minimum limits of $2,000,000 per accident for bodily injury and property damage. c) Workers’ Compensation insurance as required by the State of California and Employers’ Liability insurance, each in the amount of $1,000,000 per accident for bodily injury or disease.
2) INDUSTRY SPECIFIC COVERAGES
If checked below, the following insurance is also required.

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

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

Docusign Envelope ID: DF9DA209-612F-41EA-8EE2-DE2997BD615B

27 Rev. 01/26/2024
expenses.
b) The general and automobile liability policies (and if applicable, pollution liability, garage keepers liability and builder’s risk policies) are to contain, or be endorsed to contain, the following provisions:
i) The CITY, its officers, officials, employees and volunteers are to be covered as insureds as respects: liability arising out of work or operations performed by or on behalf of the CONSULTANT; products and completed operations of the CONSULTANT; premises owned, occupied or used by the CONSULTANT; and automobiles owned, leased, hired or borrowed by the CONSULTANT. The coverage shall contain no special limitations on the scope of protection afforded to the CITY, its officers, officials, employees or volunteers.
ii) For any claims related to this project, the CONSULTANT’S insurance coverage shall be primary insurance as respects the CITY, its officers, officials, employees and volunteers.

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

Best’s rating of no less than A:VII, unless otherwise acceptable to the CITY.

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 Docusign Envelope ID: DF9DA209-612F-41EA-8EE2-DE2997BD615B

28 Rev. 01/26/2024
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.

Docusign Envelope ID: DF9DA209-612F-41EA-8EE2-DE2997BD615B

Certificate Of Completion
Envelope Id: DF9DA209-612F-41EA-8EE2-DE2997BD615B
Status: Completed
Subject: Complete with Docusign: New Image - Community Parks Source Envelope:

Document Pages: 28
Signatures: 1
Envelope Originator:

Certificate Pages: 5
Initials: 0
Valerie Standfill
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-08:00) Pacific Time (US & Canada)
1000 Webster Street
Community Development - Building Services
Fairfield, CA 94533
[email protected]
IP Address: 64.162.152.2
Record Tracking
Status: Original
11/21/2024 6:17:54 AM
Holder: Valerie Standfill
[email protected]
Location: DocuSign
Security Appliance Status: Connected
Pool: StateLocal
Storage Appliance Status: Connected
Pool: City of Fairfield
Location: DocuSign
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Jeffrey Suzuki
[email protected]
General Manager
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Using IP Address: 12.32.119.242
Sent: 11/21/2024 6:20:35 AM
Viewed: 11/22/2024 5:09:40 PM
Signed: 11/25/2024 7:42:27 AM
Electronic Record and Signature Disclosure:

Accepted: 11/25/2024 7:41:16 AM
ID: 8fde1f56-ab96-4f07-aa47-3437a5c07165
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Gary Sponsler
[email protected]
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Sent: 11/21/2024 6:20:36 AM
Electronic Record and Signature Disclosure:

Accepted: 7/22/2024 9:26:51 AM
ID: 48ffc4a1-1113-4cb1-8110-6c9dd682b53d
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