Agenda, first session — Fairfield City Council, June 17, 2025 (part 2 of 3)

2 paid for overtime, Saturdays and Sundays, and two and one-half times current hourly rate for holidays. Wage rates are subject to change, at any time, by law or by agreement between Railroad and its employees, and may be retroactive as a result of negotiations or a ruling of an authorized governmental agency. Additional charges on labor are also subject to change. If the wage rate or additional charges are changed, Contractor (or the governmental entity, as applicable) shall pay on the basis of the new rates and charges. If flagging is performed by Railroad, reimbursement to Railroad will be required covering the full eight-hour day during which any flagman is furnished, unless the flagman can be assigned to other Railroad work during a portion of such day, in which event reimbursement will not be required for the portion of the day during which the flagman is engaged in other Railroad work. Reimbursement will also be required for any day not actually worked by the flagman following the flagman's assignment to work on the project for which Railroad is required to pay the flagman and which could not reasonably be avoided by Railroad by assignment of such flagman to other work, even though Contractor may not be working during such time. When it becomes necessary for Railroad to bulletin and assign an employee to a flagging position in compliance with union collective bargaining agreements, Contractor must provide Railroad a minimum of five (5) days notice prior to the cessation of the need for a flagman. If five (5) days notice of cessation is not given, Contractor will still be required to pay flagging charges for the five (5) day notice period required by union agreement to be given to the employee, even though flagging is not required for that period.

An additional thirty (30) days notice must then be given to Railroad if flagging services are needed again after such five-day cessation notice has been given to Railroad.

Section 2. LIMITATION AND SUBORDINATION OF RIGHTS GRANTED A. The foregoing grant of right is subject and subordinate to the prior and continuing right and obligation of the Railroad to use and maintain its entire property including the right and power of Railroad to construct, maintain, repair, renew, use, operate, change, modify or relocate railroad tracks, roadways, signal, communication, fiber optics, or other wirelines, pipelines and other facilities upon, along or across any or all parts of its property, all or any of which may be freely done at any time or times by Railroad without liability to Contractor or to any other party for compensation or damages.

B. The foregoing grant is also subject to all outstanding superior rights (whether recorded or unrecorded and including those in favor of licensees and lessees of Railroad's property, and others) and the right of Railroad to renew and extend the same, and is made without covenant of title or for quiet enjoyment.

Section 3. NO INTERFERENCE WITH OPERATIONS OF RAILROAD AND ITS TENANTS.

A. Contractor shall conduct its operations so as not to interfere with the continuous and uninterrupted use and operation of the railroad tracks and property of Railroad, including without limitation, the operations of Railroad's lessees, licensees or others, unless specifically authorized in advance by the Railroad Representative.

Nothing shall be done or permitted to be done by Contractor at any time that would in any manner impair the safety of such operations. When not in use, Contractor's machinery and materials shall be kept at least twentyfive (25) feet from the centerline of Railroad's nearest track, and there shall be no vehicular crossings of Railroads tracks except at existing open public crossings.

B. Operations of Railroad and work performed by Railroad personnel and delays in the Work to be performed by Contractor caused by such railroad operations and Work are expected by Contractor, and Contractor agrees that Railroad shall have no liability to Contractor, or any other person or entity for any such delays. The Contractor shall coordinate its activities with those of Railroad and third parties so as to avoid interference with railroad operations. The safe operation of Railroad train movements and other activities by Railroad takes precedence over any Work to be performed by Contractor.

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3 Section 4. LIENS.

Contractor shall pay in full all persons who perform labor or provide materials for the Work to be performed by Contractor. Contractor shall not create, permit or suffer any mechanic's or materialmen's liens of any kind or nature to be created or enforced against any property of Railroad for any such Work performed. Contractor shall indemnify and hold harmless Railroad from and against any and all liens, claims, demands, costs or expenses of whatsoever nature in any way connected with or growing out of such Work done, labor performed, or materials furnished. If Contractor fails to promptly cause any lien to be released of record, Railroad may, at its election, discharge the lien or claim of lien at Contractor's expense.

Section 5. PROTECTION OF FIBER OPTIC CABLE SYSTEMS.

A. Fiber optic cable systems may be buried on Railroad's property. Protection of the fiber optic cable systems is of extreme importance since any break could disrupt service to users resulting in business interruption and loss of revenue and profits. Contractor shall visit www.up.com/CBUD to complete and submit the required form to determine if fiber optic cable is buried anywhere on Railroad's property to be used by Contractor. If it is, Contractor will telephone the telecommunications company(ies) involved, make arrangements for a cable locator and, if applicable, for relocation or other protection of the fiber optic cable. Contractor shall not commence any Work until all such protection or relocation (if applicable) has been accomplished.

B. IN ADDITION TO OTHER INDEMNITY PROVISIONS IN THIS AGREEMENT, CONTRACTOR

SHALL INDEMNIFY, DEFEND AND HOLD RAILROAD HARMLESS FROM AND AGAINST ALL COSTS,

LIABILITY AND EXPENSE WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES,

COURT COSTS AND EXPENSES) ARISING OUT OF ANY ACT OR OMISSION OF CONTRACTOR, ITS AGENTS AND/OR EMPLOYEES, THAT CAUSES OR CONTRIBUTES TO (1) ANY DAMAGE TO OR DESTRUCTION OF ANY TELECOMMUNICATIONS SYSTEM ON RAILROAD'S PROPERTY, AND/OR (2) ANY

INJURY TO OR DEATH OF ANY PERSON EMPLOYED BY OR ON BEHALF OF ANY

TELECOMMUNICATIONS COMPANY, AND/OR ITS CONTRACTOR, AGENTS AND/OR EMPLOYEES, ON RAILROAD'S PROPERTY. CONTRACTOR SHALL NOT HAVE OR SEEK RECOURSE AGAINST RAILROAD

FOR ANY CLAIM OR CAUSE OF ACTION FOR ALLEGED LOSS OF PROFITS OR REVENUE OR LOSS OF

SERVICE OR OTHER CONSEQUENTIAL DAMAGE TO A TELECOMMUNICATION COMPANY USING

RAILROAD'S PROPERTY OR A CUSTOMER OR USER OF SERVICES OF THE FIBER OPTIC CABLE ON RAILROAD'S PROPERTY.

Section 6. PERMITS - COMPLIANCE WITH LAWS.

In the prosecution of the Work covered by this agreement, Contractor shall secure any and all necessary permits and shall comply with all applicable federal, state and local laws, regulations and enactments affecting the Work including, without limitation, all applicable Federal Railroad Administration regulations.

Section 7. SAFETY.

A. Safety of personnel, property, rail operations and the public is of paramount importance in the prosecution of any Work on Railroad property performed by Contractor. Contractor shall be responsible for initiating, maintaining and supervising all safety, operations and programs in connection with the Work. Contractor shall, at a minimum, comply with Railroad's then current safety standards located at the below web address (“Railroad’s Safety Standards”) to ensure uniformity with the safety standards followed by Railroad's own forces.

As a part of Contractor's safety responsibilities, Contractor shall notify Railroad if Contractor

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4 determines that any of Railroad's Safety Standards are contrary to good safety practices. Contractor shall furnish copies of Railroad’s Safety Standards to each of its employees before they enter Railroad property. http://www.up.com/cs/groups/public/@uprr/@suppliers/documents/up_pdf_nativedocs/pdf_up_supplier_safety_ req.pdf
B. All personnel employed by the Agency, Contractor and all subcontractors must complete the Railroad's course “Property Access Training” and be registered prior to working on Railroad property. This training is available at www.up.com/up-pat. This training is required to be completed annually.

C. Without limitation of the provisions of paragraph A above, Contractor shall keep the job site free from safety and health hazards and ensure that its employees are competent and adequately trained in all safety and health aspects of the job.

D. Contractor shall have proper first aid supplies available on the job site so that prompt first aid services may be provided to any person injured on the job site. Contractor shall promptly notify Railroad of any U.S. Occupational Safety and Health Administration reportable injuries. Contractor shall have a nondelegable duty to control its employees while they are on the job site or any other property of Railroad, and to be certain they do not use, be under the influence of, or have in their possession any alcoholic beverage, drug or other substance that may inhibit the safe performance of any Work.

E. If and when requested by Railroad, Contractor shall deliver to Railroad a copy of Contractor's safety plan for conducting the Work (the "Safety Plan"). Railroad shall have the right, but not the obligation, to require Contractor to correct any deficiencies in the Safety Plan. The terms of this agreement shall control if there are any inconsistencies between this agreement and the Safety Plan.

Section 8. INDEMNITY.

A. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, CONTRACTOR SHALL

INDEMNIFY, DEFEND AND HOLD HARMLESS RAILROAD, ITS AFFILIATES, AND ITS AND THEIR OFFICERS, AGENTS AND EMPLOYEES (INDIVIDUALLY AN “INDEMNIFIED PARTY” OR COLLECTIVELY "INDEMNIFIED PARTIES") FROM AND AGAINST ANY AND ALL LOSS, DAMAGE, INJURY, LIABILITY,

CLAIM, DEMAND, COST OR EXPENSE (INCLUDING, WITHOUT LIMITATION, ATTORNEY'S,

CONSULTANT'S AND EXPERT'S FEES, AND COURT COSTS), FINE OR PENALTY (COLLECTIVELY, "LOSS") INCURRED BY ANY PERSON (INCLUDING, WITHOUT LIMITATION, ANY INDEMNIFIED PARTY,

CONTRACTOR, OR ANY EMPLOYEE OF CONTRACTOR OR OF ANY INDEMNIFIED PARTY) ARISING OUT

OF OR IN ANY MANNER CONNECTED WITH (I) ANY WORK PERFORMED BY CONTRACTOR, OR (II) ANY

ACT OR OMISSION OF CONTRACTOR, ITS OFFICERS, AGENTS OR EMPLOYEES, OR (III) ANY BREACH OF THIS AGREEMENT BY CONTRACTOR.

B. THE RIGHT TO INDEMNITY UNDER THIS SECTION 8 SHALL ACCRUE UPON

OCCURRENCE OF THE EVENT GIVING RISE TO THE LOSS, AND SHALL APPLY REGARDLESS OF ANY

NEGLIGENCE OR STRICT LIABILITY OF ANY INDEMNIFIED PARTY, EXCEPT WHERE THE LOSS IS

CAUSED BY THE SOLE ACTIVE NEGLIGENCE OF AN INDEMNIFIED PARTY AS ESTABLISHED BY THE FINAL JUDGMENT OF A COURT OF COMPETENT JURISDICTION. THE SOLE ACTIVE NEGLIGENCE OF ANY INDEMNIFIED PARTY SHALL NOT BAR THE RECOVERY OF ANY OTHER INDEMNIFIED PARTY.

C. CONTRACTOR EXPRESSLY AND SPECIFICALLY ASSUMES POTENTIAL LIABILITY UNDER THIS SECTION 8 FOR CLAIMS OR ACTIONS BROUGHT BY CONTRACTOR'S OWN EMPLOYEES.

CONTRACTOR WAIVES ANY IMMUNITY IT MAY HAVE UNDER WORKER'S COMPENSATION OR INDUSTRIAL INSURANCE ACTS TO INDEMNIFY THE INDEMNIFIED PARTIES UNDER THIS SECTION 8.

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5 CONTRACTOR ACKNOWLEDGES THAT THIS WAIVER WAS MUTUALLY NEGOTIATED BY THE PARTIES HERETO.

D. NO COURT OR JURY FINDINGS IN ANY EMPLOYEE'S SUIT PURSUANT TO ANY

WORKER'S COMPENSATION ACT OR THE FEDERAL EMPLOYERS' LIABILITY ACT AGAINST A PARTY

TO THIS AGREEMENT MAY BE RELIED UPON OR USED BY CONTRACTOR IN ANY ATTEMPT TO ASSERT LIABILITY AGAINST ANY INDEMNIFIED PARTY.

E. THE PROVISIONS OF THIS SECTION 8 SHALL SURVIVE THE COMPLETION OF ANY WORK PERFORMED BY CONTRACTOR OR THE TERMINATION OR EXPIRATION OF THIS AGREEMENT. INNO EVENT SHALL THIS SECTION 8 OR ANY OTHER PROVISION OF THIS AGREEMENT BE DEEMED TO

LIMIT ANY LIABILITY CONTRACTOR MAY HAVE TO ANY INDEMNIFIED PARTY BY STATUTE OR UNDER COMMON LAW.

Section 9. RESTORATION OF PROPERTY.

In the event Railroad authorizes Contractor to take down any fence of Railroad or in any manner move or disturb any of the other property of Railroad in connection with the Work to be performed by Contractor, then in that event Contractor shall, as soon as possible and at Contractor's sole expense, restore such fence and other property to the same condition as the same were in before such fence was taken down or such other property was moved or disturbed. Contractor shall remove all of Contractor's tools, equipment, rubbish and other materials from Railroad's property promptly upon completion of the Work, restoring Railroad's property to the same state and condition as when Contractor entered thereon.

Section 10. WAIVER OF DEFAULT.

Waiver by Railroad of any breach or default of any condition, covenant or agreement herein contained to be kept, observed and performed by Contractor shall in no way impair the right of Railroad to avail itself of any remedy for any subsequent breach or default.

Section 11. MODIFICATION - ENTIRE AGREEMENT.

No modification of this agreement shall be effective unless made in writing and signed by Contractor and Railroad. This agreement and the exhibits attached hereto and made a part hereof constitute the entire understanding between Contractor and Railroad and cancel and supersede any prior negotiations, understandings or agreements, whether written or oral, with respect to the Work to be performed by Contractor.

Section 12. ASSIGNMENT - SUBCONTRACTING.

Contractor shall not assign or subcontract this agreement, or any interest therein, without the written consent of the Railroad. Contractor shall be responsible for the acts and omissions of all subcontractors. Before Contractor commences any Work, the Contractor shall, except to the extent prohibited by law; (1) require each of its subcontractors to include the Contractor as "Additional Insured” on the subcontractor's Commercial General Liability policy and Umbrella or Excess policies (if applicable) with respect to all liabilities arising out of the subcontractor's performance of Work on behalf of the Contractor by endorsing these policies with ISO Additional Insured Endorsements CG 20 10, and CG 20 37 (or substitute forms providing equivalent coverage; (2) require each of its subcontractors to endorse their Commercial General Liability Policy with "Contractual Liability Railroads" ISO Form CG 24 17 10 01 (or a substitute form providing equivalent coverage) for the job site; and (3) require each of its subcontractors to endorse their Business Automobile Policy with "Coverage For Certain Operations In Connection With Railroads" ISO Form CA 20 70 10 01 (or a substitute form providing equivalent coverage) for the job site.

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1 EXHIBIT C
TO

CONTRACTOR'S

RIGHT OF ENTRY AGREEMENT
Union Pacific Railroad Company
Insurance Requirements For
Contractor’s Right of Entry Agreement
During the entire term of this Agreement and course of the Project, and until all Project Work on Railroad’s property has been completed and all equipment and materials have been removed from Railroad’s property and Railroad’s property has been clean and restored to Railroad’s satisfaction, Contractor shall, at its sole cost and expense, procure and maintain the following insurance coverage:

A. Commercial General Liability insurance. Commercial general liability (CGL) with a limit of not less than $5,000,000 each occurrence and an aggregate limit of not less than $10,000,000. CGL insurance must be written on ISO occurrence form CG 00 01 12 04 (or a substitute form providing equivalent coverage).

The policy must also contain the following endorsement, which must be stated on the certificate of insurance:
• Contractual Liability Railroads ISO form CG 24 17 10 01 (or a substitute form providing equivalent coverage) showing “Union Pacific Railroad Company Property” as the Designated Job Site. • Designated Construction Project(s) General Aggregate Limit ISO Form CG 25 03 03 97 (or a substitute form providing equivalent coverage) showing the project on the form schedule.

B. Business Automobile Coverage insurance. Business auto coverage written on ISO form CA 00 01 10 01 (or a substitute form providing equivalent liability coverage) with a combined single limit of not less $5,000,000 for each accident and coverage must include liability arising out of any auto (including owned, hired and non-owned autos).

The policy must contain the following endorsements, which must be stated on the certificate of insurance:
• Coverage For Certain Operations In Connection With Railroads ISO form CA 20 70 10 01 (or a substitute form providing equivalent coverage) showing “Union Pacific Property” as the Designated Job Site.
• Motor Carrier Act Endorsement - Hazardous materials clean up (MCS-90) if required by law.

C. Workers' Compensation and Employers' Liability insurance. Coverage must include but not be limited to:
• Contractor's statutory liability under the workers' compensation laws of the state where the Work is being performed.
• Employers' Liability (Part B) with limits of at least $500,000 each accident, $500,000 disease policy limit $500,000 each employee.

If Contractor is self-insured, evidence of state approval and excess workers compensation coverage must be provided. Coverage must include liability arising out of the U. S. Longshoremen's and Harbor Workers' Act, the Jones Act, and the Outer Continental Shelf Land Act, if applicable.

D. Railroad Protective Liability insurance. Contractor must maintain "Railroad Protective Liability" (RPL) insurance written on ISO occurrence form CG 00 35 12 04 (or a substitute form providing equivalent coverage) on behalf of Railroad as named insured, with a limit of not less than $2,000,000 per occurrence

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2 and an aggregate of $6,000,000. The definition of "JOB LOCATION" and "WORK" on the declaration page of the policy shall refer to this agreement and shall describe all WORK or OPERATIONS performed under this agreement. Contractor shall provide this agreement to Contractor's insurance agent(s)and/or broker(s) and Contractor shall instruct such agent(s) and/or broker(s) to procure the insurance coverage required by this agreement. A BINDER STATING THE POLICY IS IN PLACE MUST BE SUBMITTED

TO RAILROAD BEFORE THE WORK MAY COMMENCE AND UNTIL THE ORIGINAL POLICY IS FORWARDED TO UNION PACIFIC RAILROAD.

E. Umbrella or Excess insurance. If Contractor utilizes umbrella or excess policies, these policies must “follow form” and afford no less coverage than the primary policy.

F. Pollution Liability insurance. Pollution liability coverage must be included when the scope of the Work as defined in the agreement includes installation, temporary storage, or disposal of any "hazardous" material that is injurious in or upon land, the atmosphere, or any watercourses; or may cause bodily injury at any time.

If required, coverage may be provided in separate policy form or by endorsement to Contractors CGLor RPL. Any form coverage must be equivalent to that provided in ISO form CG 24 15 "Limited Pollution Liability Extension Endorsement" or CG 28 31 "Pollution Exclusion Amendment" with limits of at least $5,000,000 per occurrence and an aggregate limit of $10,000,000.

If the scope of Work as defined in this agreement includes the disposal of any hazardous or nonhazardous materials from the job site, Contractor must furnish to Railroad evidence of pollution legal liability insurance maintained by the disposal site operator for losses arising from the insured facility accepting the materials, with coverage in minimum amounts of $1,000,000 per loss, and an annual aggregate of $2,000,000.

Other Requirements
G. All policy(ies) required above (except business automobile, worker’s compensation and employers liability) must include Railroad as “Additional Insured” using ISO Additional Insured Endorsements CG 20 10, and CG 20 37 (or substitute forms providing equivalent coverage). The coverage provided to Railroad as additional insured shall not be limited by Contractor's liability under the indemnity provisions of this agreement. BOTH CONTRACTOR AND RAILROAD EXPECT THAT UNION PACIFIC RAILROAD

COMPANY WILL BE PROVIDED WITH THE BROADEST POSSIBLE COVERAGE AVAILABLE BY OPERATION OF LAW UNDER ISO ADDITIONAL INSURED FORMS CG 20 10 AND CG 20 37.

H. Punitive damages exclusion, if any, must be deleted (and the deletion indicated on the certificate of insurance), unless (a) insurance coverage may not lawfully be obtained for any punitive damages that may arise under this agreement, or (b) all punitive damages are prohibited by all states in which this agreement will be performed.

I. Contractor waives all rights of recovery, and its insurers also waive all rights of subrogation of damages against Railroad and its agents, officers, directors and employees for damages covered by the workers compensation and employers liability or commercial umbrella or excess liability obtained by Contractor required in this agreement where prohibited by law. This waiver must be stated on the certificate of insurance.

J. Prior to commencing the Work, Contractor shall furnish Railroad with a certificate(s) of insurance, executed by a duly authorized representative of each insurer, showing compliance with the insurance requirements in this agreement.

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3 K. All insurance policies must be written by a reputable insurance company acceptable to Railroad or with a current Best's Insurance Guide Rating of A- and Class VII or better, and authorized to do business in the state where the Work is being performed.

L. The fact that insurance is obtained by Contractor or by Railroad on behalf of Contractor will not be deemed to release or diminish the liability of Contractor, including, without limitation, liability under the indemnity provisions of this agreement. Damages recoverable by Railroad from Contractor or any third party will not be limited by the amount of the required insurance coverage.

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Public Highway At-Grade Crossing 03/01/13
Standard Form Approved, AVP-Law

EXHIBIT E
TO

PUBLIC HIGHWAY AT-GRADE CROSSING AGREEMENT
Exhibit E (if applicable) will be the annual signal maintenance fee

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FOR PID # 10111

STREET EAST TABOR AVE

TOWN FAIRFIELD CA
MILEPOST 51.37

SUBDIVISION MARTINEZ
AAR/DOT NO. 751294K
WORK ORDER# 76022

DESCRIPTION VALUE QUANTITY UNITS
NON-CODED TRK. CIRCUIT 2 0
(Standalone AFTAC or Ring 10)
SUPERIMPOSED CIRCUIT(AFTAC) / 2 0

DETECTION LOOP
HIGHWAY GRADE CROSSING SIGNAL 2 12
(FRONT LIGHTS)
ADDITIONAL PAIR OF LIGHTS 1 5
(OTHER THAN FRONT LIGHTS)
GATE MECHANISM, AUTOMATIC 8 16
WITH ARM UP TO 26 FT
GATE MECHANISM, AUTOMATIC 10 20
WITH ARM OVER 26 FT
GCP/HXP (constant warning device, per track circuit) 15 45 EXIT GATE MANAGEMENT SYSTEM RACK* 10 0
MOVEMENT DETECTOR (PMD) 6 0
MOVEMENT DETECTOR (STANDBY UNIT) 3 0
RADIO DATA LINK, PER UNIT 1 0
PREEMPTION CIRCUIT 2 0
DATA RECORDER 1 0
REMOTE MONITORING DEVICE (SEAR, ETC)* 2 2
BONDED RAIL JOINTS (per mile, each rail, single bonded) 1 0 BATTERY AND CHARGER (per set) 1 3 3
TOTAL UNIT COUNT 103
PAVEMENT RESTORATION COSTS (Actual)
Annual Maintenance Cost at $278.25/Unit $28,660
*UP supplied Unit Value
November 4, 2024
0 5

AREMA UNIT STATEMENT OF RAILROAD HIGHWAY GRADE CROSSING SIGNALS

ESTIMATED MAINTENANCE COSTS

BY THE UNION PACIFIC RAILROAD
0 0
6 0
0 0
1 0
2 2
3 0
0

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Agenda Item No: P.5

AGENDA REPORT
DATE: June 17, 2025
TO: Mayor and Council
FROM: David Gassaway, City Manager
SUBJECT: Resolution 2025-113 PW Resolution to Terminate Reimbursement Agreement for Fairfield Baptist Church
Authorizing the City Manager to Terminate the “Agreement Between the City of Fairfield and the Fairfield Baptist Conference Church Providing for the Repayment of Reimbursable Agreement Memorandum Number 11” Associated with Assessor’s Parcel Number 0034-050-180 to Reimburse the City for the Completion of Public Improvements Funding Source: N/A
Contact: Alvin Lei, (707) 428-7476

RECOMMENDED ACTION
Adopt resolution.

STATEMENT OF ISSUE
On September 6, 1988, the City Council adopted Resolution 88-276 authorizing the mayor to execute, “An Agreement Between the City of Fairfield and the Fairfield Baptist Conference Church Providing for the Repayment of Reimbursable Agreement Memorandum Number 11” Document No. PG149387 (Reimbursement Agreement), between the City of Fairfield and the Fairfield Baptist Conference Church. This agreement outlines the reimbursement process to the City for the construction of public improvements serving the property located at 2397 Heath Drive. Based on the documentation provided by Parkway Community Church, the current property owner, City staff believe that the City has received the agreed-upon reimbursements. Therefore, the recommended course of action is to authorize the city manager to terminate the Reimbursement Agreement.

DISCUSSION
On September 5, 1978, the council adopted Resolution No. 78-166 authorizing the Reimbursable Agreement Memorandum requiring the property owner of Assessor’s Parcel Number (APN) 0034-050-180 (2397 Heath Drive) to reimburse the City a total of $31,740 for the City’s

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construction of public improvements benefitting the property, including water and sewer improvements and street pavement.

On August 4, 1988, the City of Fairfield and Fairfield Baptist Conference Church executed the Reimbursement Agreement to reimburse the City for costs incurred in constructing public improvements that serve the property located at 2397 Heath Drive. The Agreement provided that the church pay an annual due to the City of $5,165.54 per year, at a 10% interest per year, to be paid over a period of 10 years. Accordingly, a Deed of Trust was executed and recorded with the Reimbursement Agreement.

The current owner of the property, Parkway Community Church, provided documentation indicating annual payments were made to the City from Fairfield Baptist Conference Church in the general amount provided under the Reimbursement Agreement from the time the Agreement was executed to the year 1999. Additionally, documentation mentioning the reimbursement agreement dues past the year 1999 were not found, indicating the dues were paid in full within the 10-year period, as required by the Reimbursement Agreement.

Upon discussion with representatives of Parkway Community Church, a lien associated with the Reimbursement Agreement was listed in the most recent title report for 2397 Heath Drive. As a result, staff is recommending that the City Council approve and authorize the city manager to terminate the Reimbursement Agreement. Terminating the Reimbursement Agreement would result in the removal of the associated lien on the subsequent updated title report.

FINANCIAL IMPACT
N/A

PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
N/A

ALTERNATIVE ACTION
If the council has any remaining questions, termination of the reimbursement agreement may be postponed until the questions are addressed.

COORDINATED WITH
Finance Department and City Attorney’s Office

STAFF CONTACT
Kayla Gacosta, Assistant Engineer
(707) 428-7746
[email protected]

ATTACHMENTS
Attachment 2: Proposed Resolution
Attachment 3: Reimbursable Agreement Memorandum – City of Fairfield Attachment 4: Deed of Trust with Assignment of Rents, Document No. PG149381

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CITY OF FAIRFIELD
RESOLUTION NO. 2025-113
AUTHORIZING THE CITY MANAGER TO TERMINATE THE “AGREEMENT BETWEEN THE CITY OF

FAIRFIELD AND THE FAIRFIELD BAPTIST CONFERENCE CHURCH PROVIDING FOR THE REPAYMENT OF REIMBURSABLE AGREEMENT MEMORANDUM NUMBER 11” ASSOCIATED WITH ASSESSOR’S PARCEL NUMBER 0034-050-180 TO REIMBURSE THE CITY FOR THE

COMPLETION OF PUBLIC IMPROVEMENTS
WHEREAS, the City of Fairfield adopted Resolution No. 88-276 authorizing the mayor to execute an Agreement Between the City of Fairfield and the Fairfield Baptist Conference Church Providing for the Repayment of Reimbursable Agreement Memorandum Number 11 (Reimbursement Agreement); and
WHEREAS, the Reimbursement Agreement was recorded on November 9, 1988, in the Official Records of Solano County, concerning the reimbursement to the City for certain public improvements and miscellaneous costs on the parcel located in the City of Fairfield, County of Solano, State of California: Assessor’s Parcel Number 0034-050-180 (2397 Heat Drive) in the amount of $31,740; and
WHEREAS, Parkway Community Church is the current owner of the property; and WHEREAS, the City acknowledges and agrees that the City has received in full the reimbursement amounts due under the Reimbursement Agreement and, accordingly, desires to terminate the Reimbursement Agreement as provided herein.

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

Section 1. The City Council finds and determines that the recitals contained herein are true and correct.

Section 2. The council authorizes the city manager to sign and do all things necessary to terminate the Reimbursement Agreement.

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RES. NO. 2025-113

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PASSED AND ADOPTED this 17thday of June 2025, by the following vote:

AYES: COUNCILMEMBERS: MOY / BERTANI / CARR / PANDURO /TONNESEN / SANDHU / WILLIAMS NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

MAYOR
ATTEST:
____________________________

CITY CLERK

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Agenda Item No: P.6

AGENDA REPORT
DATE: June 17, 2025
TO: Mayor and Council
FROM: David Gassaway, City Manager
SUBJECT: Resolution 2025-114 PW Linear Park Conservation Easement Agreement and Restatement
Authorizing the Mayor to Execute a Trail Easement Agreement, an Amendment and Restatement of Grant of Conservation Easement with Covenants, with the Solano Land Trust for the Linear Park Trail
Funding Source: N/A
Contact: Ryan Panganiban, (707) 428-7017

RECOMMENDED ACTION
Adopt resolution.

STATEMENT OF ISSUE
In 2024, the Solano Transportation Authority (STA) conducted an eminent domain process to acquire portions of the Linear Park Trail that are no longer in service. The STA acquired portions of the Linear Park Trail property to construct the Caltrans Solano Westbound I-80 Cordelia Commercial Vehicle Enforcement Facility Project. Currently, the Solano Land Trust (SLT) has a Grant of Conservation Easement with Covenants (Conservation Easement) over abandoned portions of the Linear Park Trail. The SLT approached the City to update the Conservation Easement to define the encumbered lands associated with the Linear Park Trail and update outdated text. The proposed resolution will authorize the mayor to execute the Amended and Restated Trail Easement Agreement (Agreement) between the Solano Land Trust and the City for the Linear Park Trail.

DISCUSSION
In 1990, the City Council initiated amendments to the General Plan to delete all references to the use of the Linear Park as an arterial roadway; and added the Linear Park to the Urban Recreation and Open Space and to the General Plan Diagram, which provides linkages among recreation, park, school, shopping, industrial, residential, and other activity centers of the community as an

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important alternative to automotive transportation. In January 1992, the City and SLT entered into a Conservation Easement for the Linear Park Trail. The purpose of the Conservation Easement was to maintain the Linear Park Trail in its natural, scenic, and open-space condition for the enjoyment and recreational use of the public. The Conservation Easement was amended in 2002 to adjust the boundary of the Linear Park Trail to reflect a change of a property line with an adjacent landowner near Tabor Avenue.

In 2010, the STA, Solano County, and City collaborated on a project to construct widening improvements to segments of Business Center Drive and Suisun Parkway. In addition to the roadway widening, this project also included a new sidewalk, asphalt pathway, and class I and II bikeways. These developments have improved pedestrian and bicycle access throughout the Cordelia area. With an upgraded, safer circulation route constructed, the City decided to close an existing section of the Linear Park Trail at the Chadbourne Road/I-80 interchange west of the Solano Community College.

In 2024, the STA notified the City and SLT that they planned to start construction of the proposed Caltrans Solano Westbound I-80 Cordelia Commercial Vehicle Enforcement Facility Project. The proposed project boundary requires land acquisition of the closed segments of the Linear Park Trail. The STA completed an appraisal and determined the value of $78,360 for the proposed property rights owned by the City and $14,140 for the Conservation Easement held by SLT.

At the conclusion of the eminent domain process, the City and SLT staff collaborated to update the Conservation Easement, and the following summarizes the key items included in the Agreement:
 Defines the current encumbered lands associated with the Linear Park Trail. Staff have coordinated closely with a title company to verify property ownership for the segments of the trail network as seen in Exhibit B.
 SLT has determined and the City concurs that the Agreement constitutes a trail easement, rather than a Conservation Easement, because a Conservation Easement must be perpetual, and the original documents included a 99-year term. The proposed Agreement will restart the 99-year term at the time of the new recordation.  SLT conducted a condition assessment of the existing segments of the Linear Park Trail and the findings are documented in the Present Conditions Report included as Exhibit C of the Agreement. The Present Conditions Report is intended to serve as a baseline for monitoring compliance with the conservation terms of the Agreement (i.e., the Linear Park Trail remains as an amenity for recreational and open-space uses).

The proposed resolution authorizes the mayor to execute the Agreement, and execute various legal instruments required for the Agreement.

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FINANCIAL IMPACT
There are no additional costs for executing the Agreement. The City and SLT have incurred costs over the years related to this Agreement, and each has funded those expenses separately due to the benefits that each is receiving with the agreement's outcome.

PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
The SLT Board considered and agreed to the terms and conditions of the Agreement on May 6, 2025.

ALTERNATIVE ACTION
If the council has any questions regarding the adoption of this resolution, this item may be rescheduled until the next council meeting to allow staff to provide the necessary supporting documents.

COORDINATED WITH
City Attorney’s Office and Solano Land Trust

STAFF CONTACT
Ryan Panganiban, Assistant Director of Public Works/City Engineer (707) 428-7017
[email protected]

ATTACHMENTS
Attachment 2: Exhibit A - Proposed Resolution
Attachment 3: Exhibit B - Proposed Easement
Attachment 4: Exhibit C - Original Conservation Easement

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CITY OF FAIRFIELD
RESOLUTION NO. 2025-114

AUTHORIZING THE MAYOR TO EXECUTE A TRAIL EASEMENT AGREEMENT, AN AMENDMENT

AND RESTATEMENT OF GRANT OF CONSERVATION EASEMENT WITH COVENANTS, WITH THE

SOLANO LAND TRUST FOR THE LINEAR PARK TRAIL
WHEREAS, the City of Fairfield and Solano Land Trust (SLT) entered into a Grant of Conservation Easement with Covenants in January 1992, which was amended in 2003, to maintain the Linear Park Trail in its natural, scenic, and open-space condition for the enjoyment and recreational use of the public; and
WHEREAS, the Solano Transportation Authority (STA) took eminent domain action in 2024 to acquire an abandoned segment of the Linear Park Trail required to construct the Solano Westbound I-80 Cordelia. The City approved Resolution 2024-144 authorizing the conveyance of property to the STA and Caltrans and extinguishing those entitlements held by SLT; and WHEREAS, the City would like to enter into a Trail Easement Agreement, an Amendment and Restatement of Grant of Conservation Easement with Covenants (Agreement), with the Solano Land Trust.

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

Section 1. The council finds and determines that the recitals contained herein are true and correct.

Section 2. The Agreement between the City and SLT attached herein is hereby approved.

Section 3. The mayor or designee is authorized to execute the Agreement and other pertinent and necessary documents as may be required.

Section 4. The city manager is hereby authorized to take all necessary steps to implement the above-mentioned appropriation authorization.

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RES. NO. 2025-114

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PASSED AND ADOPTED this 17th day of June 2025, by the following vote:

AYES: COUNCILMEMBERS: MOY / BERTANI / CARR / PANDURO /TONNESEN / SANDHU / WILLIAMS NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

MAYOR
ATTEST:
____________________________

CITY CLERK

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RECORDING REQUESTED BY, AND WHEN
RECORDED MAIL TO:

City of Fairfield
100 Webster Street
Fairfield, California 94533
Attn: City Clerk
(SPACE ABOVE FOR RECORDER’S USE ONLY)
APN(s) (portions):
0150-240-010, 0150-250-030,
0150-240-050, 0150-230-010,
0150-220-080, 0028-101-120,
0028-103-020, 0031-010-080,
0031-010-130, 0031-010-140,
0033-030-730, 0033-030-740,
0033-042-090, 0033-060-350,
0033-060-430, 0033-060-400,
0033-060-060, 0033-060-390,
0033-080-080, 0033-095-160,
0033-113-060, 0034-150-070,
0034-184-230, 0034-221-200,
0170-010-200, 0170-010-190,
0170-010-120, 0166-110-170,
0166-110-180, 0166-110-150,
0166-110-140, 0166-110-100

TRAIL EASEMENT AGREEMENT

AN AMENDMENT AND RESTATEMENT OF
“GRANT OF CONSERVATION EASEMENT
WITH COVENANTS”
(LINEAR PARK)
THIS TRAIL EASEMENT AGREEMENT (the “Agreement” or “Trail Easement”), an Amendment and Restatement of that certain “Grant of Conservation Easement with Covenants,” as amended (as further described below), is dated as of _________________________, 2025 (“Effective Date”), and is entered into by and between SOLANO LAND TRUST, a California nonprofit public benefit corporation (“SLT”), and the CITY OF FAIRFIELD, a California municipal corporation (“City”).

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RECITALS
A. City is the owner of certain real property, commonly known as the “Linear Park,” located in the City of Fairfield, County of Solano, State of California, identified as portions of APNs 0150-240-010, 0150-250-030, 0150-240-050, 0150-230-010, 0150-220-080, 0028-101- 120, 0028-103-020, 0031-010-080, 0031-010-130, 0031-010-140, 0033-030-730, 0033-030-740, 0033-042-090, 0033-060-350, 0033-060-430, 0033-060-400, 0033-060-060, 0033-060-390, 0033-080-080, 0033-095-160, 0033-113-060, 0034-150-070, 0034-184-230, 0034-221-200, 0170-010-200, 0170-010-190, 0170-010-120, 0166-110-170, 0166-110-180, 0166-110-150, 0166-110-140, 0166-110-100, and more particularly depicted in Exhibit A and described in Exhibit B, both attached hereto and incorporated herein by this reference (the “Linear Park” or “Property”).

B. SLT is a nonprofit public benefit corporation organized under the laws of the State of California and recognized as a tax-exempt charitable organization under Section 501(c)(3) of the United States Internal Revenue Code with the mission of permanently protecting natural areas, working farms, and ranchlands in Solano County and connecting the community to these lands.

C. On November 13, 1990, the City Council adopted Resolution 90-311, which initiated amendments to the City General Plan (a) to delete all reference to the use of the Linear Park as an arterial roadway; and (b) to add the Linear Park to the System of Urban Recreation and Open Space and to the General Plan Diagram, which provides linkages among recreation, park, school, shopping, industrial, residential, and other activity centers of the community as an important alternative to automotive transportation.

D. City and SLT (formerly known as the Solano County Farmlands and Open Space Foundation) entered into a Grant of Conservation Easement With Covenants, dated in January 27, 1992, and recorded on January 28, 1992, in the Official Records of Solano County, California (“Official Records”), as Document No. 1992-00006978, and which was amended by an “Amendment to Grant of Conservation Easement With Covenants” dated January 29, 2002, and recorded April 11, 2003, in such Official Records as Document No. 200300056446 (as amended, the “Original Grant”). The purpose of the Original Grant, which contained a stated term of 99 years (with the ability to renew for an additional 99 years), was to maintain the Linear Park in its natural, scenic, and open-space condition for the enjoyment and recreational use of the public.

E. The parties now desire to amend and restate, and supersede and replace, the Original Grant, for the following purposes: (i) to clarify that this Agreement constitutes a trail easement rather than a conservation easement described in California Civil Code Section 815 et seq.; (ii) to identify the property that is encumbered by this Agreement (by including an improved legal description of the Property and also shortening one end of the Linear Park in response to a condemnation action); and (iii) to establish the term of the Agreement for 99 years from the Effective Date, all while remaining consistent with the purposes of the Original Grant.

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NOW, THEREFORE, based upon the foregoing recitals and mutual covenants set forth below, and other good and valuable consideration, the adequacy and sufficiency of which the parties hereby acknowledge, City and SLT hereby agree as follows:

1. Agreement. City hereby grants to SLT a trail easement as described in this Agreement on, upon, over, across, above, and under the Linear Park and relinquishes to SLT City’s right to construct improvements thereon, except such improvements as are consistent with the use of the Linear Park for recreational and open-space uses and such improvements as are necessary to provide street crossings of the Linear Park for motor vehicles, pedestrians, and bicycles; provided, however, that the foregoing grant and relinquishment as well as the remainder of this Agreement are subject and subordinate to all title matters of record and all title matters that would be disclosed by an inspection of the Linear Park. Additionally, SLT accepts the Linear Park in its current “AS-IS” physical condition, without representation or warranty, express or implied. The parties acknowledge and agree that this Agreement amends and restates, and supersedes and replaces, the Original Grant.

2. Conservation Values and Purpose. The Linear Park provides key linkages among recreational, park, school, shopping, industrial, residential, and other community activity centers that provide an alternative to automotive vehicle routes. Along the trail, there are areas with natural, scenic, and open-space character for the enjoyment and use of the public for park, recreational, and open-space purposes. These linkages, the area’s character, and its recreational uses comprise the “Conservation Values” of the Linear Park. The purpose of this Agreement and the trail easement it creates is to protect the Conservation Values of the Property.

3. Present Conditions Report. These Conservation Values and the condition of the Linear Park are documented in a Present Conditions Report, which consists of reports, maps, photographs, and other documentation, and which provides an accurate, though nonexclusive, representation of the Property as of the Effective Date of this Agreement. One of the purposes of the Present Conditions Report is to serve as a baseline for monitoring compliance with the terms of this Agreement. As attested on the Present Conditions Report Acknowledgement, which is attached hereto as Exhibit C and incorporated herein by this reference, City and SLT acknowledge that the Present Conditions Report is an accurate representation of the condition of the Property as of the Effective Date of this Agreement. The Present Conditions Report is intended to supplement any information related to the Linear Park that was compiled as of the conveyance of the Original Grant and may be used to establish that a change in the use or character of the Property has occurred, but its existence shall not preclude the use of other evidence to establish the condition of the Property as of the effective date of the Original Grant or the Effective Date of this Agreement.

4. Property Subject to Trail Easement. The property subject to this Agreement is depicted in Exhibit A (“Map of Trail Easement Property”) and described in Exhibit B (“Legal Description of Trail Easement Property”).

5. Term. The term of this Agreement begins on the Effective Date and ends at 11:59:59 p.m. Pacific Time on the date that is 99 years from the Effective Date. At the discretion of the parties, it may thereafter be renewed for an additional term as mutually agreed upon by the parties.

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6. Covenants. City covenants and agrees that City:
a. shall not erect, construct, place, or maintain or permit the erection, construction, placement, or maintenance of any improvement, building, or structure on the Linear Park, except for improvements that are: (i) for recreational and open-space uses; (ii) necessary to provide street crossings for motor vehicles, pedestrians, and bicycles; (iii) for the purpose of installation and maintenance of landscaping; (iv) for the purpose of installation or maintenance of underground utilities; or (v) otherwise consistent with the use of the Linear Park for park, recreational, and openspace purposes; b. shall not use or permit the use of the Linear Park for any purpose except as open space or for park purposes consistent with the stated purposes, terms, conditions, restrictions, and covenants of this Agreement; c. shall not convey all or any portion of the Linear Park unless such conveyance is subject to the restrictions placed on the use of the Linear Park by this Agreement; and
d. shall monitor the Linear Park to ensure that its employees, contractors, or agents or unrelated third parties are not performing any of the prohibited uses referenced above.

For purposes of this Section 6, construction of improvements necessary to provide motor vehicle, pedestrian, and bicycle crossings of the Linear Park shall not be deemed or construed to be inconsistent with the use of the Linear Park for park, recreation, and open-space purposes. At least fifteen (15) business days prior to the construction of any improvement (other than landscaping or for the purpose of utility maintenance) within the Linear Park, City shall notify SLT in writing as provided herein to provide SLT with sufficient detail as to the proposed construction to allow SLT to confirm the consistency of such construction with the terms of this Agreement.

7. City’s Retained Rights. City retains all interests not transferred and conveyed by this Agreement, including the right to engage in any use of the Property that is not affected or prohibited by this Agreement or prohibited by law.

8. Stewardship. SLT will monitor this Agreement to ensure compliance with terms and conditions of this Agreement. SLT’s responsibilities shall be to:
a. conduct a site visit(s) of all or a portion of the Property at least annually to confirm if the Linear Park is being used only for the purposes identified herein and to identify any readily observable changes from the conditions documented in the Present Conditions Report;
b. notify City in writing at least five (5) business days before conducting a site visit, except in emergency circumstances where a violation or threatened

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violation of this Agreement is suspected, in which case SLT will notify City as soon as reasonably feasible under the circumstances;
c. allow City representatives to be present during SLT’s site visit; d. prepare and submit to the City Manager a monitoring report on the status of the Agreement at least once annually; and
e. notify City of any conditions or activities that may be in violation of the Agreement.

9. Enforcement. City hereby grants to SLT for the term of this Agreement the right (but not the obligation, except as provided in Section 8 above) to (i) enter the Linear Park to inspect, observe, and study the Property for the purposes of (1) identifying the condition of, and uses and practices occurring on, the Property; and (2) monitoring those uses and practices to determine whether they are consistent with the terms and conditions of this Agreement; (ii) prevent or prohibit, with court approval, any activity that is contrary to the stated purposes, terms, conditions, restrictions, or covenants of this Agreement; and/or (iii) otherwise enforce the terms of this Agreement pursuant to any and all available remedies at law or in equity. a. Enforcement of the terms of this Agreement is at the sole and absolute discretion of SLT. Any forbearance by SLT to exercise its rights under this Agreement shall not be deemed or construed to be a waiver by SLT of such term or of any of SLT’s rights under this Agreement. No delay or omission by SLT in the exercise of any right or remedy shall impair such right or remedy or be construed as a waiver. No forbearance or waiver by SLT of any default or breach, whether intentional or not, shall be deemed to extend to any prior or subsequent defaults or breaches, not shall it affect in any way any rights arising by virtue of any prior or subsequent occurrence.
b. The stated purpose, terms, conditions, restrictions, and covenants set forth herein and each and all of them may be specifically enforced or enjoined by proceedings in the Superior Court of the County of Solano, State of California. c. There are no contractual third-party beneficiaries of this Agreement that are entitled to enforce this Agreement.

10. Amendment or Abandonment. This Agreement shall not be rescinded, altered, amended, or abandoned in whole or in part as to the Property or any portion thereof or as to any term, condition, restriction, or covenant without the prior written consent of SLT. If this Agreement is amended by an agreement in writing signed by the parties hereto, such amendment shall be recorded in the Official Records of Solano County.

11. Runs with the Land. The parties acknowledge that since the term of this Agreement is not perpetual, it is not a conservation easement under California Civil Code Section 815 et seq.; nevertheless, the parties agree to be bound by this Agreement and the parties expressly intend and agree that this Agreement shall encumber, bind, and run with the land with respect to the Property affected by this Agreement (i.e., the Linear Park), and that this

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Agreement shall inure to the benefit of and bind successors to any portion of or interest in such property, and that this Agreement is being recorded in the Official Records of the County of Solano to give actual and constructive notice of its contents, including the trail easement granted hereby.

12. Attorneys’ Fees. If there is any legal action, arbitration, or proceeding between the parties arising from or based on this Agreement or the interpretation or enforcement of any provisions hereof, then the unsuccessful party to such action, arbitration, or proceeding shall pay to the prevailing party all costs and expenses, including reasonable attorneys’ fees, incurred by such prevailing party in such action, arbitration, or proceeding and in any appeal in connection therewith. If such prevailing party recovers a judgment in any such action, arbitration, proceeding, or appeal, then such costs, expenses, and attorneys’ fees shall be included in and as a part of such judgment. For purposes hereof, the “prevailing party” shall be the party that recovers substantially the relief sought by said party, whether by judgment, settlement, dismissal, or otherwise, in connection with any such action, proceeding, or arbitration. If the services of an attorney are required by any party to enforce a judgment rendered in connection with this Agreement, the judgment creditor shall be entitled to reasonable attorneys’ fees, costs, and other expenses, and such fees, costs, and expenses shall be recoverable as a separate item. This provision shall be severable from all other provisions of this Agreement, shall survive any judgment, and shall not be deemed merged into the judgment.

13. Notices. All notices, requests, or demands herein provided to be given or made, or which may be given or made by either party to the other, shall be given or made only in writing, properly addressed, postage prepaid by (i) first-class U.S. mail; (ii) certified mail, return receipt requested; or (iii) overnight courier service. Any notice shall be deemed delivered on the date of delivery (or attempted delivery) shown on the return receipt or receipt confirmation, if applicable, or three (3) business days after depositing in the U.S. mail. Notwithstanding the prescribed method of delivery, actual receipt of written notice by a party designated below shall constitute notice given in accordance with this Agreement on the date received, unless deemed earlier given pursuant to the foregoing method of delivery. The proper address to which notices, requests, or demands may be given or made by either party shall be the address set forth below or such other address as any party (or its successor or successor in interest) shall designate in a notice given under this Section. In the event either party wishes to notify the other more rapidly, such party may send notice by electronic mail (“email”) to the email address set forth below (as updated as provided herein), so long as such party promptly follows such email with written notice as provided in this Section.

If to SLT: Solano Land Trust
198 Dobbins St., Suite A
Vacaville, CA 95688
Attn: Executive Director
Email: [email protected]
If to City: City of Fairfield
100 Webster Street
Fairfield, CA 94533

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Attn: David Gassaway, City Manager
Email: [email protected]

14. Severability. If any provision of this Agreement proves to be illegal, invalid, or unenforceable, the remainder of this Agreement will not be affected by such finding, and in lieu of each provision of this Agreement that is illegal, invalid, or unenforceable, a provision will be added as a part of this Agreement as similar in terms to such illegal, invalid, or unenforceable provision as may be possible and be legal, valid, and enforceable.

15. Governing Law. This Agreement will be governed by and construed pursuant to the laws of the State of California.

16. Entire Agreement. This Agreement is intended to be the entire agreement of the parties with respect to the subject matter hereof. All prior negotiations and written and contemporary oral agreements between the parties with respect to the transactions contemplated by this Agreement, including but not limited to the Original Grant, are merged in this Agreement.
[Signatures appear on next page.]

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IN WITNESS WHEREOF, City and SLT have executed this Agreement as of the date set forth above.

CITY:

CITY OF FAIRFIELD,
a California municipal corporation
By:

Print Name:

Its: Mayor
ATTEST:
, City Clerk
SLT:

SOLANO LAND TRUST,
a California nonprofit public benefit corporation
By:

Print Name:

Its: Executive Director

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ACKNOWLEDGEMENT
State of California )
County of ____________ )
On _________________________, before me, ,
(insert name and title of the officer)
Notary Public, personally appeared ,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature (Seal)
A notary public or other officer
completing this certificate verifies only
the identity of the individual who signed
the document to which this certificate is
attached, and not the truthfulness,
accuracy, or validity of that document.

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I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

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I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

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Exhibit A

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EXHIBIT A
Map of Trail Easement Property
(Attached)

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Exhibit B

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EXHIBIT B
Legal Description of Trail Easement Property
(Attached)

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Exhibit B: Description of Linear Park
The Linear Park Trail Easement encumbers 73.78 acres made up of 33 parcels in the City Fairfield, County of Solano, California, as follows:

Location of Parcels. The location of each of the parcels, identified by its Assessor’s Parcel Number (APN), is shown on Maps A through I (attached).

Deed References. Each of the parcels is owned by the City of Fairfield. The ownership of the parcels is established in multiple deeds, listed below.
1973/1801/79/#1014: Grant Deed to City of Fairfield, Book 1801, Page 79; #1014, dated Jan. 15, 1973
1973/1825/314/#11358: Director’s Deed to City of Fairfield, Book 1825, Page 314, #11358, dated May 10, 1973
1977/7378/#4303: Deed to City of Fairfield, Page 7378; #4303, dated Feb. 4, 1977 1977/45955/#26964: Final Order of Condemnation, Page 45955; #26964, dated June 14, 1977 1977/88619/#51788: Individual Grant Deed to City of Fairfield, Page 88619, #51788, dated Nov. 16, 1977
1979/96862/#57508 Director’s Deed to City of Fairfield, Page 96862, #57508, dated Nov. 8, 1979 1986/32881/#6587: Corporation Grant Deed to City of Fairfield, Page32881, #6587, dated Feb. 11, 1986
1987/161744/#79530: Quitclaim Deed to City of Fairfield, Page 161744, #79530, dated Nov. 30, 1987
1988/78701/#37325: Director’s Deed to City of Fairfield, Page 78701, #37325, dated June 30, 1988 The following list identifies the APNs from west to east, the acreage of each, the letter of the map on which the APN is depicted, and the deed covering its ownership by the City of Fairfield.

APN Acreage Map ID Deed Reference
0150-240-010 3.79 A 1973/1801/79/#1014
0150-250-030 1.44 B 1973/1801/79/#1014
0150-240-050 2.45 B 1973/1801/79/#1014
0150-230-010 0.66 B 1973/1825/314/#11358
0150-220-080 0.65 B 1977/88619/#51788
0028-101-120 1.37 C 1973/1801/79/#1014
0028-103-020 2.20 C 1973/1801/79/#1014
0031-010-080 3.80 C 1973/1801/79/#1014
0031-010-130 2.80 C 1977/45955/#26964
0031-010-140 2.18 C 1977/45955/#26964
0033-030-730 0.80 D 1979/96862/#57508
0033-030-740 1.35 D 1973/1801/79/#1014
0033-042-090 1.32 D 1973/1801/79/#1014

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APN Acreage Map ID Deed Reference
0033-060-350 0.10 E 1973/1801/79/#1014
0033-060-430 0.67 E 1973/1801/79/#1014
0033-060-400 0.20 E 1973/1801/79/#1014
0033-060-060 0.40 E 1977/7378/#4303
0033-060-390 0.61 E 1973/1801/79/#1014
0033-080-080 0.74 E 1986/32881/#6587
0033-095-160 2.22 F 1973/1801/79/#1014
0033-113-060 2.38 F 1973/1801/79/#1014
0034-150-070 2.59 G 1973/1801/79/#1014
0034-184-230 2.06 G 1973/1801/79/#1014
0034-221-200 1.17 G 1973/1801/79/#1014
0170-010-200 3.67 H 1988/78701/#37325
0170-010-190 2.61 H 1988/78701/#37325
0170-010-120 7.53 H 1988/78701/#37325
0166-110-170 2.23 I 1988/78701/#37325
0166-110-180 0.04 I 1988/78701/#37325
0166-110-150 4.79 I 1988/78701/#37325
0166-110-140 3.34 I 1988/78701/#37325
0166-110-100 3.49 I 1988/78701/#37325
Total Acreage 73.78

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Exhibit C

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EXHIBIT C
Acknowledgement of Present Conditions Report
Solano Land Trust (“SLT”) and City of Fairfield (“City”) hereby acknowledge they each have received a copy of a Present Conditions Report dated April 10, 2025, prepared by Solano Land Trust staff members. By signing below, City and SLT accept and acknowledge the Present Conditions Report is an accurate representation of the condition of the Property as of the Effective Date of the Trail Easement Agreement. City and SLT both agree to retain a copy of the Present Conditions Report in their respective files.

CITY:

CITY OF FAIRFIELD,
a California municipal corporation
By:

Print Name:

Its: Mayor
SLT:

SOLANO LAND TRUST,
a California nonprofit public benefit corporation
By:

Print Name:

Its: Executive Director

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Present Conditions Report:

Linear Park
Trail Easement
Solano County, California
April 10, 2025
Prepared by:

SOLANO LAND TRUST
198 Dobbins, STE A
Vacaville, CALIFORNIA 95688
707-432-0150

TABLE OF CONTENTS

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Contents
Cover Page

1. Purpose of Present Conditions Documentation Report ..........................................................2

2. Directions to Property (Figure 1) .............................................................................................2

3. Introduction .............................................................................................................................3

3.1 Conservation Purpose and Values.............................................................................................4

4. Property Overview and Ownership..........................................................................................4 Table 1. List of 32 parcels owned by the City of Fairfield encumbered by the Trail Easement.......4

5. Property Description and Use..................................................................................................4

5.1 Property Description..................................................................................................................4

5.2 Current Use and Improvements ................................................................................................4

5.3 Roads/Crossings:........................................................................................................................5

6. Surrounding Land Uses............................................................................................................5

7. Summary of Rights and Restrictions........................................................................................5

8. Photo Documentation..............................................................................................................5 Figure 2. Maps of photo point locations/Photo locator .................................................................9 Table 2. Descriptions of photopoint locations/photo locator…………………………………………………….14 Appendix 1. Report Photos
Appendix 2. Plat maps
Appendix 3. Recorded Amended and Restated Trail Easement

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1. Purpose of Present Conditions Documentation Report
The purpose of this Present Conditions Documentation Report (Report) is to provide an accurate, though nonexclusive, representation of the Linear Park Trail Easement as of the date of the 2024 Amended and Restated Trail Easement’s recordation. The 1992 Deed of Conservation did not have a Baseline or Present Conditions report created to accompany that document. Therefore, this Report has been created as a reference. It is intended to serve as present conditions for monitoring compliance with the terms of the 2024 Amended and Restated Trail Easement held by Solano Land Trust (SLT). The Report may be used to establish that a change in the use or character of the properties has occurred, but its existence shall not preclude the use of other evidence to establish the condition of the Property as of the date of the Easement.

The Report is not a substitute for and does not supersede or amend the original or Amended and Restated Trail Easement, and the summary of the Easement terms contained herein are solely for the convenience of the parties hereto, are not a part of the Amended and Restated Trail Easement and shall not be used for the interpretation or determination of the validity of the Amended and Restated Trail Easement or any provision thereof. The terms of the Amended and Restated Trail Easement shall prevail over this Report and shall control in the event of conflict. A conformed copy of the recorded trail easement is attached as Appendix A.

The information in this report is compiled from documents held by SLT, other existing information, and from field investigations conducted by Solano Land Trust staff in March and April of 2025.

2. Directions to Property
To reach the Linear Park Trail Easement at the Southwest end of the trail, from Interstate 80 take exit 44A for Suisun Parkway toward Abernathy Road. Turn right on Abernathy Road, right on Rockville Road, then turn right on Chadbourne Road. The trail is accessible from the dead end of Chadbourne Road.

There is no public parking at this site. The portion of the trail encumbered by this Trail Easement begins here.

Improvements run Northeast into the City of Fairfield, ending at Dover Avenue in Fairfield, California.

The trail picks up again at Clay Bank Road, ending at Peabody Road. A portion of the trail has public access and recreational improvements and those run from Chadbourne Road to Dover Avenue and then again from Clay Bank Road to Portland Drive. (See Figure 1)

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Figure 1: Regional Location Map

3. Introduction
The Linear Park Trail Easement in the Restated and Amended document encumbers 65.65 acres made up of 32 parcels in Fairfield, CA. In 1990 the City of Fairfield added Linear Park to its System of Urban Recreation and Open Space rather than using the abandoned railroad right-of-way as an arterial roadway. SLT and the City entered into a 99-year easement agreement in 1992 to maintain Linear Park in its natural, scenic and open-space condition for the enjoyment and recreational use of the public. The agreement was amended in 2002 to adjust the boundary of Linear Park to reflect a change of a property line with an adjacent land owner (a veterinary office).

In 2009 the City reported to SLT’s board that the southwest end of Linear Park along I-80 was going to be closed due to Solano Transportation Authority westbound truck scales project and public access no longer would be permitted through the area. The City offered to exchange the affected segment of Linear Park (approximately 8 acres) with an area of approximately the same acreage at the northeast end of the park near the planned new train station. This was later reversed by current City leadership in 2024 with the acceptance of the Solano Transportation Authority eminent domain offer to purchase the land at an 80/20 split of the fair market apprised value of the removed land. The City of Fairfield will receive 80% of the land value at $56,560 and SLT will receive 20% at $14,140. The Trail Easement will

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now consist of those parcels listed in the Amended and Restated Trail Easement and this Conditions Report.

3.1 Conservation Purpose and Values
The Linear Park provides key linkages among recreational, park, school, shopping, industrial, residential and other community activity centers that provide an alternative to automotive vehicle routes. Along the trail, there are areas with natural, scenic, and open-space character for the enjoyment and use of the public for park, recreational, and open-space purposes. These linkages, the area’s character, and its recreational uses comprise the “Conservation Values” of the Linear Park. The purpose of this Agreement and the trail easement it creates is to protect the Conservation Values of the Property.

4. Property Overview and Ownership
Table 1: List of 32 parcels owned by the City of Fairfield encumbered by the Trail Easement Assessor’s parcel numbers
0028-101-120 0034-184-230 0028-103-020 0034-221-200
0031-010-080 0150-220-080 0031-010-130 0150-230-010
0031-010-140 0150-240-010 0033-030-730 0150-240-050
0033-030-740 0150-250-030 0033-042-090 0034-150-070
0033-060-060 0166-110-100 0033-060-350 0166-110-140
0033-060-390 0166-110-150 0033-060-400 0166-110-170
0033-060-430 0166-110-180 0033-080-080 0170-010-120
0033-095-160 0170-010-190 0033-113-060 0170-010-200
Acreage 65.65 acres approx.

Owner City of Fairfield, CA
Current land use Governmental/Miscellaneous
Structures or other
improvements
Portions of the trail have concrete walking and biking paths along with varying landscapes and community art pieces.

5. Property Description and use

5.1 Property Description
The property was created as a public walking and bike path running northeast through the City of Fairfield. Portions of the trail have concrete walking and biking paths along with varying landscapes and community art pieces. These improvements run from the Chadbourne Road area to Dover Avenue. Then a portion running from Clay Bank Road to Peabody Road.

5.2 Current Use and Improvements
The parcels that make up the Liner Park Trail Easement start at or near Chadbourne Road north of Interstate 80 and continue northeast across the City of Fairfield, Ca. following the old Pacific Railroad train tracks ending at Peabody Road in the City of Fairfield, Ca. A portion of the trail has public access and recreational improvements and those run from Chadbourne Road to Dover Avenue and then again from Clay Bank Road to Portland Drive with-in the master plan of, The Villages Fairfield. While the remaining portion of City owned parcels do not include improvements.

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5.3 Roads/Crossings:
• Rockville Road and Interstate 80
• Beck Avenue
• Fifth Street
• Second Street
• Travis Boulevard at Pennsylvania Street
• Fairfield Avenue
• Union Street
• N. Texas Street at Tabor Street
• Dover Avenue (improvements end)
• Horizon Circle

6. Surrounding Land Uses
Adjacent to the linear Park trail easement areas, primary land uses are residential, commercial and agricultural.

7. Summary of Rights and Restrictions
The rights and restrictions for use of the Property are summarized below. This summary is not a substitute for and does not supersede or amend the original Trail Easement, the terms of which shall prevail over this summary. For a complete and detailed description of the rights and restrictions see the attached Agricultural Conservation Easement. All of the rights and restrictions are held in perpetuity.

Covenants. City covenants and agrees that City:
a) shall not erect, construct, place, or maintain or permit the erection, construction, placement, or maintenance of any improvement, building, or structure on the Linear Park, except for improvements that are: (i) for recreational and open-space uses; (ii) necessary to provide street crossings for motor vehicles, pedestrians, and bicycles; (iii) for the purpose of installation and maintenance of landscaping; (iv) for the purpose of installation or maintenance of underground utilities; or (v) otherwise consistent with the use of the Linear Park for park, recreational, and open-space purpose
b) shall not use or permit the use of the Linear Park for any purpose except as open space or for park purposes consistent with the stated purposes, terms, conditions, restrictions, and covenants of this Agreement; and c) shall not convey all or any portion of the Linear Park unless such conveyance is subject to the restrictions placed on the use of the Linear Park by this Agreement; and
d) shall monitor the Linear Park to ensure that its employees, contractors, or agents or unrelated third parties are not performing any of the prohibited uses referenced above.

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8. Photo Documentation
Photo documentation is provided to illustrate the current condition of the Linear Park Trail Easement property. Figure 2 provides map/s of the photo point locations. The maps are followed by Table 2, which provides details of the photo point locations and the photo point photos themselves. It is recommended that the monitors re-shoot all photos every 5 years or as needed. On-site photographs were taken in January and February of 2016. The portion of the trail easement starting at Clay Bank Road and ending at Peabody Road need photos taken. Below each photo is a description of the general content and any noteworthy landmarks that will help in re-shooting the photos in subsequent monitoring visits. These photo files are saved electronically in the JPEG file format on the SLT server. To locate photo points, monitors will use a combination of the photo point location map (Figure 2), the photo locator table (Table 2), and the photos themselves. The photo locator Table 2 describes the locations of photo points 1-22.

Figure 2- Maps of photo point locations/photo locator maps A-I

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I 80
EB I80

AUTO MALL
PKWY

RALEIGH DR

WOOLNER AV
WB I80

RALEIGH CT

BARLOW CT
ROC
KVILLE
RD

CHADBOURNE RD
0150240010
Legend
Linear Park (Owned by Fairfield)
Map A
PP 1
PP 2
PP 3

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AUTO MALL PKWY

ROCKVILLE RD

ROCKVILLE RD
I 80

MIDWAY RD
WB I80
EB I80

AUTO MALL PKWY
I 80
L
O
ZA
N
O
L
N

SERRANO DR
WB I80

HAMILTON DR
0150240050
0150250030
0150230010
0150220080
Legend
Linear Park Parcels
Linear Park (Owned By Fairfield)
Map B
PP 4
PP 5 and 6
PP 7

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OLIVER RD

HARTFORD AV

W TEXAS ST

GATEWAY CT

GATEWAY
BL

TRAVIS BL
H
O
LID
AY
L
N
B
E
C
K
AV
WB I80

KENTUCKY ST

LINEAR PARK PATHWAY

MICHIGAN ST

EMPIRE ST

SHELBY DR
KANSAS

NEW HAMPSHIRE ST ST

MINNESOTA ST
EB I80
WIL
K
EI ST

BOYNTON AV
WA
L
L
A
C
E
ST

INDIANA ST
EB I80

VIRGINIA ST

YORK ST

VERMONT ST

IDAHO ST

HAYES ST

VAN BUREN ST

HAWAII ST
H
A
R
D
NI G
S
T
R
O
O
S
E
V
E
LT
S
T

PIERCE ST

JOHNSON ST
I 80

BUCHANAN ST

FIRST ST
S
E
C
O
N
D
S
T

FIFTH ST

TRUMAN ST

UTAH ST

FOURTH ST

THIRD ST

NEW JERSEY ST
WARREN
S
T
0031010130
0031010130
0031010080
0028103020
0028101120
0031010140
Legend
Linear Park Parcels
Linear Park (Owned By Fairfield)
Map C
PP 8
PP 9
PP 10 PP 11 PP 12

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D
A
N
A
D
R

FAIRFIELD AV

LINEAR PARK PATHWAY

PENNSYLVANIA AV

MAYBERRY CT

B GALE WILSON BL

RICHARDS CT
0033042090
0033030730
0033030740
Legend
Linear Park Parcels
Linear Park (Owned By Fairfield)
Map D
PP 13
PP 14

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UNION AV

FAIRFIELD AV

LINEAR PARK PATHWAY

COVENTRY LN

BRANSFORD CT
0033060060
0033060430
0033060350
0033060400
0033060390
0033080080
Legend
Linear Park Parcels
Linear Park (Owned By Fairfield)
Map E
PP 15
PP 16 Page 233 of 484

LINEAR PARK PATHWAY

UNION AV

ACACIA ST

APPLE TREE LN
ELM
ST

SYCAMORE DR

N TEXAS ST

TABOR AV

COTTONWOOD DR
S
H
ERWOOD
CT

CLAY ST
0033095160
0033113060
Legend
Linear Park Parcels
Linear Park (Owned By Fairfield)
Map F
PP 17
PP 18 Page 234 of 484

N TEXAS ST
E
TA
B
O
R
AV

KIDDER AV
E
PA
C
I
F
I
C
AV

LINEAR PARK PATHWAY

SANTA ANA DR

SAN LORENZO ST

SANTA BARBARA WY
S
A
N
TA
A
N
A
C
T
S
A
N
TA
C
R
U
Z
C
T

SAN ANGELO ST

SAN TOMAS ST

SANTA ROSA ST

DOVER AV

SANTA FE ST
S
A
N
TA
C
R
U
Z
D

R SAN GABRIEL ST

SAN SALVADOR ST

SAN LUIS ST
0034221200
0034184230
0034150070
Legend
Linear Park Parcels
Linear Park (Owned By Fairfield)
Map G PP 19
PP 20

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Esri, HERE, Garmin, (c) OpenStreetMap contributors, and the GIS user community, Source: Esri, Maxar, Earthstar Geographics, and the GIS User Community, Sources: Esri,

USGS, NOAA
Legend
Linear Park (Owned By Fairfield)
CLAYBANK rD

MANUEL CAMPOS PKWY

CEMENT HILL RD
0170010200
0170010190
0170010120
0166110170
Map H
Google Map Claybank Rd
to Cross Rd

CROSS AVE
.

WALTERS RD

RASMUSEN WAY

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Esri, HERE, Garmin, (c) OpenStreetMap contributors, and the GIS user community, Source: Esri, Maxar, Earthstar Geographics, and the GIS User Community, Sources: Esri,

USGS, NOAA
Legend
Linear Park (Owned By Fairfield)
0166110170
0166110180
0166110140
066110100
Map I

CEMENT HILL RD

PEABODY RD

WALTERS RD

HUCK RD

GOOGLE MAP

WALTERS RD

TO PEABODY
RD

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Table 2. Descriptions of photo point locations/Photo locator/ Photo
Point
Number
Photo Point Description:
from pathway
GPS Markers Photos Description: from
pathway
1 Chadbourne Rd and
SVFGA yard looking east
38°14'38.34"N
122° 5'3.30"W
I80 on right looking east,
SVFGA yard on left
2 From Chadbourne Rd
walk east 1000 ft,
looking east
38°14'42.94"N
122° 4'52.37"W
Walk east 1000 ft, looking
east, I80 on right, pasture and
chain-link fence on left
3 Behind Sikh Temple
looking east
38°14'47.08"N
122° 4'42.40"W
I80 on right, chain-link fence
on left

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4 Lozano Lane looking
east
38°14'55.32"N
122° 4'23.74"W
Looking west, I80 on left,
chain-link fence on right,
Apartments on right
5 From bridge looking
west
38°14'55.38"N
122° 4'22.17"W
Looking west, I80 on left
6 Bridge looking east 38°14'55.38"N
122° 4'22.17"W
West side of bridge looking
east across
7 Rockville and I80 looking
west
38°14'58.66"N
122° 4'15.31"W
Looking west with Rockville
Rd to my back
8 Through over pass at I80
looking east
38°15'2.13"N
122° 4'7.15"W
Looking east business parking
lot on right
9 At Beck Ave. looking
east
38°15'5.97"N
122° 3'58.67"W
Looking east over Beck Ave,
residential on both sides
10 At Fifth Street looking
east
38°15'13.96"N
122° 3'40.78"W
Looking east over Fifth St.
residential on both sides
11 At Second Street
looking east
38°15'22.27"N
122° 3'21.91"W
Looking east over Second St
residential on both sides
12 At Pennsylvania Ave
looking west
38°15'28.41"N
122° 3'8.54"W
Looking west with
Pennsylvania to my back
13 At Pennsylvania Ave
looking east
38°15'31.83"N
122° 2'59.12"W
Looking east with businesses
on both sides
14 Fairfield Ave. looking
west
38°15'38.72"N
122° 2'43.11"W
Looking west with residential
on both sides
15 Fairfield Ave looking
east
38°15'39.56"N
122° 2'42.51"W
Looking east with residential
on both sides
16 At Union Ave. looking
west
38°15'46.33"N
122° 2'26.16"W
Looking west with cemeteries
on both sides.
17 At Union Ave. looking
east
38°15'46.44"N
122° 2'25.46"W
Looking east with residential
on both sides
18 At N Texas St. and Tabor
Ave. looking west
38°15'56.34"N
122° 2'3.64"W
Looking west with businesses
on both sides at large
intersection to my back
19 At N Texas St. and Tabor
Ave. looking east
38°15'56.83"N
122° 2'2.71"W
Looking east from
intersection
20 At Dover Ave. looking
west
38°16'10.99"N
122° 1'30.21"W
Looking west at end of
improvements.
21 Google Earth picture
May 2024 Clay Bank Rd
to Cross Rd
SLT will update this
section at the 2024
monitoring visit.

Photos to come from 2024
annual monitoring visit.
22 Between Cross and
Walters Road on the SW
and to Peabody Road at
the NE end of the Trail.

Will need update
once improvements
take place.

No photos

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Photo Point #1 Chadbourne Rd and SVFGA yard looking east Photo Point #2 From Chadbourne Rd walk east 1000 ft, looking east Photo Point #3 Behind Sikh Temple looking east
Appendix 1. Report Photos

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Photo Point #4 Lozano Lane looking east
Photo Point #5 From Bridge looking west

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Photo Point #6 Bridge looking east
Photo Point #7 Rockville and I80 looking west

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Photo Point #8 through overpass at I80 looking east
Photo Point #9 At Beck Ave. looking east

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Photo Point #12 At Fifth Street looking east
Photo Point #11 At Second Street looking east

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Photo Point #12 At Pennsylvania Ave looking west
Photo Point #13 At Pennsylvania Ave looking east

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Photo Point #14 Fairfield Ave. looking west
Photo Point #15 Fairfield Ave looking east

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Photo Point #16 At Union Ave. looking west
Photo Point #17 At Union Ave. looking east

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Photo Point #18 At N Texas St. and Tabor Ave. looking west Photo Point #19 At N Texas St. and Tabor Ave. looking east

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Photo Point #20 At Dover Ave. looking west
Photo Point #21 Google Earth picture April 2025 Clay Bank Rd to Walters Rd

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Photo Point #22 Google Earth picture April 2025 Walters Rd to Peabody Rd

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Appendix 2: Linear Park Plat Maps

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Appendix 3. Recorded- Restated and
AmendedTrail Easement

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Agenda Item No: P.7

AGENDA REPORT
DATE: June 17, 2025
TO: Mayor and Council
FROM: David Gassaway, City Manager
SUBJECT: Resolution 2025-115 PD Authorizing Flock Safety for Analysis and Real Time Intelligence Center
Authorizing the City Manager to Execute and Approve a Five-Year Contract with Flock Safety for the Police Department’s Analysis and Real Time Intelligence Center Funding Source: $1,750,000; General Fund, IT ISF Camera Replacement, PD Traffic Tow Fund and PD Asset Forfeiture Fund
Contact: Nick McDowell, (707) 428-7645 and Nicholas Giaccio, (707) 428-7760

RECOMMENDED ACTION
Adopt resolution.

STATEMENT OF ISSUE
The Police Department has completed the physical build-out of the Analysis and Real Time Intelligence Center (ARTIC). The final step is to complement our robust city camera system, Automated License Plate Reader (ALPR) system, and numerous databases by instituting a “Drone as First Responder” (DFR) program and consolidating our databases in Flock OS to utilize all information in real time.

DISCUSSION
Supplementing the ARTIC in Fairfield, with an annual operational cost of $350,000, represents an investment in modernizing public safety and enhancing community well-being. This expenditure is justified by the ARTIC's capacity to transform policing, emphasizing a proactive, data-driven approach. By integrating live feeds from various sources such as city and private cameras, license plate readers, and crucially, drone systems, the ARTIC provides the Department with immediate, comprehensive situational awareness. This real-time intelligence allows for faster identification of criminal activity, more efficient deployment of resources, and the ability to intervene before situations escalate, ultimately leading to reduced crime rates, improved investigative outcomes, and a safer environment for Fairfield's residents.

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Specific additions to the ARTIC include:
 Flock OS – This software integrates numerous data streams, including Computer Aided Dispatch (CAD), cameras, and maps, putting all this information in front of the user on one “pane of glass.” Video can be live streamed to police and fire personnel in the field for enhanced situational awareness. Add-ons Flock Nova and Flock Freeform put intelligence-gathering tools at the ready for ARTIC staff.  Flock Live 911 – This software allows ARTIC staff to listen to 911 calls in real time to point cameras, launch drones, and research call information before the call is even dispatched.  Aerodome Remote Piloting Software and Docked Drones – Three strategically located drones maximize city coverage to put a responding drone within minutes of the majority of calls for service. These drones are remotely piloted from the ARTIC.  FLOCK ALPR’s – Two additional Flock LPR cameras are included in the contract at no additional cost.
 Flock Aerodome DFR Radar – Flock Safety will equip Fairfield with radar units, allowing the Department’s drones to operate at 400’ above ground level. This is a free trial of the equipment for one year to determine the effectiveness of flying at a 400’ ceiling compared to the standard 200’ without radar capabilities.

A significant portion of this justification lies in the strategic deployment of drones as first responders. When an emergency call comes in, drones equipped with high-resolution cameras can be dispatched immediately, often arriving on the scene minutes before ground units. This aerial perspective offers invaluable information, providing officers with a clear understanding of the situation, potential threats, and escape routes, all while maintaining a safe distance. This not only dramatically improves officer safety by minimizing their exposure to unknown dangers but also enables more precise and effective tactical responses. The ability of drones to rapidly assess large areas, locate suspects, or identify victims in complex scenarios translates directly into quicker resolutions and potentially saving lives and property, making the cost a highly effective allocation of public funds for advanced emergency response. The Department is currently coordinating with community partners and an allied law enforcement agency to expand the DFR capabilities of the region by adding two to three additional docked drones in Suisun and Fairfield.

Additional justification for the Flock Safety annual cost lies in its capacity for drone-based vehicle pursuit mitigation, a critical safety concern for both law enforcement and the public. With realtime drone surveillance, staff in the ARTIC can monitor pursuits from a safe distance, providing critical information to ground units without requiring them to engage in high-speed chases. This allows for more strategic intervention, including the ability to track suspect vehicles covertly, deploy spike strips more effectively, or even guide units to locations where the pursuit can be terminated safely. By reducing the need for high-speed pursuits, the ARTIC directly minimizes the risk of accidents, a significant reduction in potential liability for the city.

Furthermore, drones offer unparalleled support to the Fairfield Fire Department. In fire emergencies, they can quickly survey large areas, pinpoint hot spots, assess structural integrity, and locate individuals in smoke-filled or inaccessible environments, significantly improving

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response effectiveness and potentially saving lives and property by guiding firefighters to critical areas. Beyond immediate emergency response, the ARTIC's drone capabilities extend vital support to Fairfield's Public Works department, further validating the annual investment. Drones can conduct rapid and comprehensive inspections of critical infrastructure, such as roads, bridges, water systems, and public utilities, identifying maintenance needs or damage much faster and safer than traditional methods. After severe weather events or other incidents, drones can quickly assess widespread damage, helping Public Works prioritize repairs and allocate resources effectively.

The only other competing vendor providing similar software and DFR equipment is Axon Enterprise, Inc. Their quote was considerably higher, and their customer service capabilities have diminished considerably in recent years. Therefore, they were not seen as a viable partner for this project.

Ultimately, the $350,000 annual cost for Fairfield's ARTIC software, bolstered by drone technology, is a modest sum when weighed against the profound benefits it delivers. Beyond immediate incident response, the ARTIC fosters a culture of intelligence-led policing, allowing the Fairfield Police Department to analyze crime patterns, allocate patrols more effectively, and build stronger cases. The enhanced efficiency and effectiveness derived from real-time data and aerial insights can contribute to a measurable reduction in crime, a decrease in emergency response times, and an increase in public confidence in law enforcement. This investment is not merely an expense but a strategic move towards a more secure, resilient, and technologically advanced city, ensuring that Fairfield remains a safe place to live, work, and raise families.

FINANCIAL IMPACT
The total cost of the five-year contract with Flock Safety is $1,750,000. Funding has been secured for the first two years of the contract through salary savings, rebates on ISF funding via the Information Technology Department’s Camera Replacement Fund, the Police Traffic Tow Fund, and the Police Asset Forfeiture Fund. Years three through five will require reallocation of funds from different city sources and potential grant funds. Without the alternative funding sources, the contract would have to be terminated. The Department has secured a contract with Flock Safety, allowing termination of the contract should we not secure the necessary funding.  Year one (1): $350,000 ($276,000, IT ISF Camera Replacement Fund; $74,000, General Fund.
 Year two (2): $350,000 ($175,000, General Fund, $175,000, Police Asset Forfeiture Fund and Police Traffic Tow Fund.
 Years Three (3) – Five (5): TBD. Source funding or cancel contract.

The Police Department is confident that the value of the ARTIC program will become apparent and deserving of future funding. Contributing to this confidence is the fact that Real-Time Crime Centers with DFR components are highly popular and effective with the agencies that have them.

They are considered the future of law enforcement by many.

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PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
N/A

ALTERNATIVE ACTION
The City Council may choose not to adopt the resolution. However, the full capabilities of the Analysis and Real Time Intelligence Center will not be achieved.

COORDINATED WITH
City Attorney’s Office and Information Technology Department

STAFF CONTACT
Matt Thomas, Police Captain
(707) 399-5634
[email protected]

ATTACHMENTS
Attachment 2: Proposed Resolution
Attachment 3: Software as a Service Agreement for Flock Safety Platform

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CITY OF FAIRFIELD
RESOLUTION NO. 2025-115

AUTHORIZING THE CITY MANAGER TO EXECUTE AND APPROVE A FIVE-YEAR CONTRACT WITH

FLOCK SAFETY DRONES FOR THE ANALYSIS AND REAL TIME INTELLIGENCE CENTER WHEREAS, the Police Department acknowledges that reducing crime, enhancing service, and improving response times within our city is a priority; and WHEREAS, Flock Safety provides public safety software and drones as first responder equipment that can aid the department with improvements in responding to crime and leveraging data available to the Department; and
WHEREAS, the City of Fairfield renewed its agreement on June 20, 2023, for a five-year term with Flock Safety to provide license plate reading services; and WHEREAS, entering into a new agreement with Flock Safety will provide the public safety software and drone as first responder equipment that allows the Police Department’s Analysis and Real Time Intelligence Center (ARTIC) to provide those enhanced services to our city; and WHEREAS, both the City of Fairfield and Flock Safety wish to enter into a new five-year agreement.

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

Section 1. The City Council hereby authorizes the city manager to execute and approve the fiveyear agreement for the purchase of the Flock Safety software and drone as first responder equipment.

PASSED AND ADOPTED this 17th day of June 2025, by the following vote:

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

CITY CLERK

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CITY OF FAIRFIELD
TECHNOLOGY SOFTWARE-AS-A-SERVICE (SaaS) AGREEMENT FOR FLOCK

SAFETY PLATFORM WITH FLOCK GROUP INC
This AGREEMENT is made at Fairfield, California, as of June _____, 2025 (the “Effective Date”), by and between the City of Fairfield, a municipal corporation (the “City") and Flock Group 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, and (c) Exhibit A-3 – Service Level Agreement.. Service Provider shall provide Services 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,” “D”, “E”, and “F” 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. 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 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.

Docusign Envelope ID: 8BF58B94-C4B0-4047-BB39-7AA5E7F60D62 Docusign Envelope ID: B83B8960-A947-490B-8103-6D3A74155FC8

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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 (the “Initial Term”).

Following the Initial Term, this Agreement shall automatically renew for additional one (1) year terms, unless terminated pursuant to this Agreement or the City Manager, or his/her designee, provides Service Provider written notice of the City’s intent to not renew the Agreement.
9) Termination for Non-Appropriation of Funds. City is subject to federal, state or local law which makes City’s financial obligations under this Services Agreement contingent upon sufficient appropriation of funds by the applicable legislature (or other appropriate governmental body), and if such funds are not forthcoming or are insufficient due to failure of such appropriation, then City will have the right to terminate the Services Agreement at no additional cost and with no penalty by giving prior written notice documenting the lack of funding. City will use reasonable efforts to ensure appropriated funds are available. City will provide at least thirty (30) days advance written notice of such termination.
10)Where applicable, vehicles with a GVWR greater than 8,500 lbs. and light-duty package delivery vehicles operated in California may be subject to the California Air Resources Board Advanced Clean Fleets regulations. Such vehicles may therefore be subject to requirements to reduce emissions of air pollutants. For more information, please visit the CARB Advanced Clean Fleets webpage at https://ww2.arb.ca.gov/ourwork/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: ______________________________
Docusign Envelope ID: 8BF58B94-C4B0-4047-BB39-7AA5E7F60D62 Mark Smith
Docusign Envelope ID: B83B8960-A947-490B-8103-6D3A74155FC8

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EXHIBIT “A”

SCOPE OF SERVICES
Services are described more particularly in the following exhibits, which comprise Exhibit A:

Exhibit A-1 – Statement of Work
Exhibit A-2 – Product Schedule
Exhibit A-3 – Service Level Agreement
Docusign Envelope ID: 8BF58B94-C4B0-4047-BB39-7AA5E7F60D62 Docusign Envelope ID: B83B8960-A947-490B-8103-6D3A74155FC8

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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 orreceived by a health care provider, health plan, employer orhealth 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 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)relatingtoaperson.

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 Docusign Envelope ID: 8BF58B94-C4B0-4047-BB39-7AA5E7F60D62 Docusign Envelope ID: B83B8960-A947-490B-8103-6D3A74155FC8

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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 nonauthorized 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 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 Docusign Envelope ID: 8BF58B94-C4B0-4047-BB39-7AA5E7F60D62 Docusign Envelope ID: B83B8960-A947-490B-8103-6D3A74155FC8

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individual application capabilities, with the possible exception of limited userspecific 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. SERVICE 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 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 nonpublic 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.

Docusign Envelope ID: 8BF58B94-C4B0-4047-BB39-7AA5E7F60D62 Docusign Envelope ID: B83B8960-A947-490B-8103-6D3A74155FC8

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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 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.

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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 individuals 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 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 prohibited by law from providing such notice.

2.8 Termination and Suspension of Service
a. 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. b. During any period of service suspension, the Service Provider shall not take any action to intentionally erase any public jurisdiction data.

Docusign Envelope ID: 8BF58B94-C4B0-4047-BB39-7AA5E7F60D62 Docusign Envelope ID: B83B8960-A947-490B-8103-6D3A74155FC8

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c. 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:
i. 10 days after the effective date of termination, if the termination is in accordance with the contract period;
ii. 30 days after the effective date of termination, if the termination is for convenience;
iii. 60 days after the effective date of termination, if the termination is for cause.
d. 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.
e. 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. f. 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 of Standards and Technology (NIST)-approved methods. Certificates of destruction shall be provided to the public jurisdiction.
g. Termination for Non-Appropriation of Funds. City is subject to federal, state or local law which makes City’s financial obligations under this Services Agreement contingent upon sufficient appropriation of funds by the applicable legislature (or other appropriate governmental body), and if such funds are not forthcoming or are insufficient due to failure of such appropriation, then City will have the right to terminate the Services Agreement at no additional cost and with no penalty by giving prior written notice documenting the lack of funding. City will use reasonable efforts to ensure appropriated funds are available. City will provide at least thirty (30) days advance written notice of such termination.

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 Provider’s employees and agents.

Docusign Envelope ID: 8BF58B94-C4B0-4047-BB39-7AA5E7F60D62 Docusign Envelope ID: B83B8960-A947-490B-8103-6D3A74155FC8

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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 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.

Docusign Envelope ID: 8BF58B94-C4B0-4047-BB39-7AA5E7F60D62 Docusign Envelope ID: B83B8960-A947-490B-8103-6D3A74155FC8

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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.

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.

Docusign Envelope ID: 8BF58B94-C4B0-4047-BB39-7AA5E7F60D62 Docusign Envelope ID: B83B8960-A947-490B-8103-6D3A74155FC8

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Exhibit “A-2”

SCOPE OF WORK
Please see attached: Flock Safety Professional Services - Implementation Services Statement of Work For Fairfield Police Department – CA FlockOS Elite Docusign Envelope ID: 8BF58B94-C4B0-4047-BB39-7AA5E7F60D62 Docusign Envelope ID: B83B8960-A947-490B-8103-6D3A74155FC8

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Flock Safety Professional Services
Implementation Services
______________________________________________
Statement of Work
For
Fairfield Police Department - CA
FlockOS Elite
Effective Date: May 5, 2025
Revision: 1.0
Drafted by: Kevin Jung

1. Introduction
This Statement of Work (“SOW”) is between Fairfield Police Department (“Customer”) and Flock Group Inc (“Flock Safety”). This Statement of Work is governed by the Master Service Agreement with Flock Safety and Customer. This SOW defines the scope of the services that Flock Safety will provide to the Customer. This Statement of Work provides definitions and mutual understanding of the work to be completed.

2. Project Summary
Flock Safety will implement for Fairfield Police Department:

FlockOS Elite
● Configure and integrate up to 700 camera streams with Wing VMS for Genetec Security Center
● Integration with Axon’s Evidence.com for sending Flock LPR data to Axon*** ● Integration of Axon Body Worn Cameras (BWC for officer location tracking** ○ Active subscription to Axon Respond is required for live GPS tracking ● Custom ESRI map layers to overlay on FlockOS map
● Integration of Single Sign-On (SSO) with Azure Active Directory ○ Identity Provider supports SAML
SOW Version: 2.0
Docusign Envelope ID: F10F8592-4E7C-4FA6-9972-0ABE2BD516FD Docusign Envelope ID: 8BF58B94-C4B0-4047-BB39-7AA5E7F60D62 Docusign Envelope ID: B83B8960-A947-490B-8103-6D3A74155FC8

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● Map Attachments to allow file and image uploads to map and redirection from FlockOS to desired web resource
● Integration with Sunridge RIMS CAD through a standard API to API interface, it includes:
○ Position of patrol units on FlockOS map (when available through SunRidge RIMS and provided location data is available)
○ Display of active CAD incidents in FlockOS (in the last 24hrs) with narrative. ○ Customer is responsible for any third party costs associated with procurement of the SunRidge RIMS API.
○ Customer is responsible for requesting API credentials for testing and production APIs from SunRidge and providing them to Flock.
○ The customer is responsible to ensure that Flock can connect to any on-site server where the CAD system is installed (including whitelisting Flock IPs in the firewall).
***Axon may limit Flock’s usage of their API affecting potential Axon integrations.

Flock911 ***
● Implementation of Flock911 for real-time integration for emergency 911 calls to include:
○ Automated 911 call alerts within the Flock Alerts view ○ Enable listening to 911 calls in real-time and playback audio ○ Location of inbound calls on a map in Alerts view
○ Location of inbound calls in the Flock OS Map view when Generally Available. ○ Filter calls by geographic radius of officers on the field ○ Radius will be filtered using AVL data from Axon
***Customer will need to work with Prepared 911 for initial audio setup

3. Flock Safety Software
FlockOS Implementation Restrictions
FlockOS integrations will require assistance from Customer’s IT team for a successful implementation. Project items that may require IT expertise may include integrations with cameras, video management system (VMS) , computer-aided dispatch (CAD), ESRI maps, etc. Installation and integrations of FlockOS project items may be delayed and increase project timeline without IT response in a timely manner. Projects will be placed on hold after multiple failed outreach attempts by Technical Project Manager to Customer IT on pending action items. A completed and signed SOW states that IT has reviewed and acknowledged the items listed in this SOW to assist the Flock Safety team on implementation.

SOW Version: 2.0
Docusign Envelope ID: F10F8592-4E7C-4FA6-9972-0ABE2BD516FD Docusign Envelope ID: 8BF58B94-C4B0-4047-BB39-7AA5E7F60D62 Docusign Envelope ID: B83B8960-A947-490B-8103-6D3A74155FC8

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IT Contact
Customer will dedicate the following individual(s) as the main IT point of contact for IT related project items:

IT Contact
Name Nicholas Giaccio
Title Senior Analyst
Email [email protected]
Software Configuration and Validation
● Configure ESRI Based map interface
● Implement Video Management System
● Integrate existing Flock Hardware
● Enable Unlimited Users
● Enable Real-Time Routing
● Enable Axon BWC and Fleet Locations
● Enable Map Attachments
● Implement Single Sign-On (SSO) for FlockOS
● Test CAD connectivity and verify active call queries within FlockOS Video Integrations
Configure up to 700 video feeds within FlockOS package***** ● Configure and integrate up to 700 camera streams with Wing VMS for Gentec Security Center
*****Cameras must be able to support RTSP streaming back to Flock’s cloud.

VMS Integration
● Enable RTSP in the Security Center’s Media Gateway
● Port forward the server to Flock’s IP and whitelist the IP (54.157.57.206). ● Creation of a Flock user (minimum “read” access to the desired cameras) SOW Version: 2.0
Docusign Envelope ID: F10F8592-4E7C-4FA6-9972-0ABE2BD516FD Docusign Envelope ID: 8BF58B94-C4B0-4047-BB39-7AA5E7F60D62 Docusign Envelope ID: B83B8960-A947-490B-8103-6D3A74155FC8

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4. Description of Services
The following services will be provided as part of this Statement of Work. Any Services not described herein will require a Project Change Request (PCR).

Dedicated Flock Team Members
● Flock Safety will provide a Project Manager for engagement that will be responsible for the following tasks:
○ Flock Safety will assign a Technical Project Manager and Integration Manager to coordinate all aspects of integrations for FlockOS software ■ Duration: 2-6+ months
● Flock Safety will provide a Customer Success Manager (CSM). The CSM will be the Customer’s long-term strategic partner. CSM will help with account setup, training, and provide direction on how to best leverage your Flock Safety system post-installation.
○ Duration: Length of Contract
● Flock Safety’s support team will be available to the Customer Monday through Friday 8am-8pm EST.
○ Phone: 1-(866) 901-1781
○ Email: [email protected]
■ Duration: Length of Contract
Kick-Off Meeting
● Flock Safety will coordinate bi-weekly calls beginning with a kickoff meeting with Customer and Flock Safety stakeholders to review a Project Plan for a successful deployment of Flock products. The meeting will cover:

FlockOS Software
● Project Plan
● Integration item review
● Identify stakeholder responsibilities
● Bi-weekly cadence scheduling
● Question/concerns

5. Project Conditions and Assumptions
● Out of Scope
○ Physical installation of any product not supplied by Flock. ○ Software changes/configurations outside of FlockOS.
○ Network configurations outside of Flock standards.

SOW Version: 2.0
Docusign Envelope ID: F10F8592-4E7C-4FA6-9972-0ABE2BD516FD Docusign Envelope ID: 8BF58B94-C4B0-4047-BB39-7AA5E7F60D62 Docusign Envelope ID: B83B8960-A947-490B-8103-6D3A74155FC8

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● Any changes or additions to this SOW will require a PCR (Project Change Request) ● Project Timeline is dependent upon the information supplied by the Customer. All information that is asked by Flock Safety, is required to be completed prior to Flock Employee onsite.
● Streams will be available to the Customer within 5 business days of Flock product installation.
● A completed statement of work will include the FlockOS Elite package. All streams and products purchased will be installed or implemented via Flock Safety. Third Party cameras integrated will be available on the Flock Safety network. This may exclude change orders and or individual stream troubleshooting.

6. Implementation Timeline
Software Timeline
The following chart represents a rough timeline for implementation of FlockOS software integrations. The estimated time for Flock Safety Technical Project Managers to schedule a kick off meeting is 6-8 weeks from the signing of a contract.

Integration Duration
Flock Gateway ~ 30-90 days (Groups of 5-20 locations max per visit) VMS integration ~ 30-90 days
3rd Party cameras installs ~ 90 days (Groups of 5-20 locations max per visit) Wing LPR ~ 1-2 weeks
CAD integration ~ 60-120 days
Custom Map Layers ~ 1-2 weeks
Community Website & Marketing Materials ~ 30-60 days
Flock911 ~ 90-120 days
Estimated Customer Project Timeline
Expected Timeline for Software Configuration: ~ 4 months SOW Version: 2.0
Docusign Envelope ID: F10F8592-4E7C-4FA6-9972-0ABE2BD516FD Docusign Envelope ID: 8BF58B94-C4B0-4047-BB39-7AA5E7F60D62 Docusign Envelope ID: B83B8960-A947-490B-8103-6D3A74155FC8

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7. Payment Terms
Services will be invoiced as per the terms on your Flock Safety quote and contract. Flock Safety Professional Services labor rate is $250 per hour for all services above and beyond those purchased and outlined in this statement of work.

8. Acknowledgement and Approvals
Upon completion of this SOW, no additional services are due to the Customer under this SOW.

The parties, through their authorized representatives signed below, hereby agree to the terms of this Statement of Work as of the Effective Date.

Flock Safety
Name Tyler Carlson
Title Senior Director, Solutions Engineering
Signature
Date
Customer
Name
Title
Signature
Date
Customer IT
Name
Title
Signature
Date
SOW Version: 2.0
Docusign Envelope ID: F10F8592-4E7C-4FA6-9972-0ABE2BD516FD 5/5/2025
Nicholas Giaccio
Nick McDowell
Docusign Envelope ID: 8BF58B94-C4B0-4047-BB39-7AA5E7F60D62 Docusign Envelope ID: B83B8960-A947-490B-8103-6D3A74155FC8

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Exhibit “A-3”
Service Level Agreement
Please see Flock Safety Order Form attached.

Docusign Envelope ID: 8BF58B94-C4B0-4047-BB39-7AA5E7F60D62 Docusign Envelope ID: B83B8960-A947-490B-8103-6D3A74155FC8

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Flock Safety + CA - City of Fairfield
______________
Flock Group Inc.
1170 Howell Mill Rd, Suite 210
Atlanta, GA 30318
______________
MAIN CONTACT:

Jeff Lents
[email protected]
480 621 2406
Docusign Envelope ID: BAAF5D4F-75A4-4387-98DA-19908B8393A6 Docusign Envelope ID: 8BF58B94-C4B0-4047-BB39-7AA5E7F60D62 Docusign Envelope ID: B83B8960-A947-490B-8103-6D3A74155FC8

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ORDER FORM
This order form (“Order Form”) hereby incorporates and includes the terms of the previously executed agreement (the “Terms”) which describe and set forth the general legal terms governing the relationship (collectively, the "Agreement" ). The Terms contain, among other things, warranty disclaimers, liability limitations and use limitations.

This additional services Agreement will be effective when this Order Form is executed by both Parties (the “Effective Date”) Customer: CA - City of Fairfield Initial Term: 60 Months Legal Entity Name: CA - City of Fairfield Renewal Term: 24 Months Accounts Payable Email: [email protected] Payment Terms: Net 30 Address: 1000 Webster St Fairfield, California
94533
Billing Frequency: Annual Plan - First Year Invoiced at Signing.

Retention Period: 30 Days
Hardware and Software Products
Annual recurring amounts over subscription term
Item Cost Quantity Total
Flock Safety Platform $500,000.00
Flock Safety Flock OS
FlockOS™ Elite Package Included 1 Included
Flock Safety LPR Products
Flock Safety LPR, fka Falcon Included 2 Included
Flock Safety Drone Hardware and Services
Flock Aerodome DFR - M4DT + Dock 3 Included 2 Included
Flock911 for Aerodome Included 1 Included
Flock Aerodome DFR - M350 + Dock Included 1 Included
Flock Aerodome DFR - Radar Included 1 Included
Flock Safety Video Products
Flock Safety Video Integration VMS, fka Wing Included 700 Included Flock Safety Platform Add Ons
Flock Safety Platform - FreeForm Add-On Included 1 Included Flock Nova - Customer Data Included 1 Included
Flock Nova - OSINT Data Included 1 Included
Flock Safety Professional Services
Custom Recurring Subscription Included 1 Included
Professional Services and One Time Purchases
Item Cost Quantity Total
One Time Fees
Flock Safety Professional Services
Professional Services - Existing Infrastructure $0.00 2 $0.00 Docusign Envelope ID: BAAF5D4F-75A4-4387-98DA-19908B8393A6 Docusign Envelope ID: 8BF58B94-C4B0-4047-BB39-7AA5E7F60D62 Docusign Envelope ID: B83B8960-A947-490B-8103-6D3A74155FC8

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Implementation Fee
Subtotal Year 1: $350,000.00
Annual Recurring Subtotal: $500,000.00
Discounts: $535,800.00
Estimated Tax: $0.00
Contract Total: $2,350,000.00
Taxes shown above are provided as an estimate. Actual taxes are the responsibility of the Customer. This Agreement will automatically renew for successive renewal terms of the greater of one year or the length set forth on the Order Form (each, a “Renewal Term”) unless either Party gives the other Party notice of non-renewal at least thirty (30) days prior to the end of the then-current term.

The Term for Flock Hardware shall commence upon first installation and validation, except that the Term for any Flock Hardware that requires selfinstallation shall commence upon execution of the Agreement. In the event a Customer purchases more than one type of Flock Hardware, the earliest Term start date shall control. In the event a Customer purchases software only, the Term shall commence upon execution of the Agreement.

Special Terms:
• In the first year of the deployment, Flock will provide Customer with complimentary use of radar [Flock Aerodome DFR - Radar].

For reference, the products listed (prewritten computer software delivered electronically and installation not associated with the sale of tangible personal property) on the quote are both exempt in California
Custom Recurring: Jamie Hudson Real Time Consulting.

Docusign Envelope ID: BAAF5D4F-75A4-4387-98DA-19908B8393A6 Docusign Envelope ID: 8BF58B94-C4B0-4047-BB39-7AA5E7F60D62 Docusign Envelope ID: B83B8960-A947-490B-8103-6D3A74155FC8

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Billing Schedule
Billing Schedule Amount (USD)
Year 1
At Contract Signing $350,000.00
Annual Recurring after Year 1 $500,000.00
Contract Total $2,350,000.00
*Tax not included
Discounts
Discounts Applied Amount (USD)
Flock Safety Platform $30,000.00
Flock Safety Add-ons $195,500.00
Flock Safety Professional Services $300.00
Flock Safety Drone Hardware and Services $310,300.00
Docusign Envelope ID: BAAF5D4F-75A4-4387-98DA-19908B8393A6 Docusign Envelope ID: 8BF58B94-C4B0-4047-BB39-7AA5E7F60D62 Docusign Envelope ID: B83B8960-A947-490B-8103-6D3A74155FC8

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Product and Services Description
Flock Safety Platform Items Product Description
Flock Aerodome DFR - M4DT +
Dock 3
Drone as First Responder (DFR) 2.0 system, including hardware, software, and services. Hardware includes M4D series drone, camera, batteries, and contact-charging Dock 3. Software includes remote piloting, air traffic awareness, spectator view, mobile app, flight logging, mission reporting, and community engagement dashboard. Services include FAA regulatory services, SOP development, training, and ongoing support.

Flock911 for Aerodome
Flock911 enables users to access live 911 calls directly within the FlockOS™ software, delivering real-time situational context that ensures faster, safer, and more efficient responses to calls for service.

Flock Safety Platform - FreeForm
Add-On
AI-powered software add-on to the Flock Safety Platform that adds the ability for users to search using plain language across LPR images and video footage (from FreeForm-enabled devices) with built-in safeguards ensuring ethical and compliant usage.

Flock Nova - Customer Data
Flock Nova data integration and intelligence platform subscription, enabling data centralization from agency computer-aided dispatch (CAD), record management system (RMS), digital evidence management system (DEMS), and shared inter-agency networks.

Flock Nova - OSINT Data
Flock Nova data integration and intelligence platform subscription. Includes access to open source intelligence (OSINT) and shared inter-agency data.

FlockOS™ Elite Package
Distinguishing itself from traditional brick-and-mortar real-time crime centers (RTCCs) and other cloud-based solutions, FlockOS™ Elite is scalable and community-powered, offering a versatile, cloud-based RTCC platform.

Custom Recurring Subscription Real Time Consulting (Jamie Hudson) Flock Safety Video Integration
VMS, fka Wing
Flock Aerodome DFR - M350 +
Dock
Drone as First Responder (DFR) 2.0 system, including hardware, software, and services. Hardware includes Matrice (M350) drone, camera, batteries, and battery-swapping dock. Software includes remote piloting, air traffic awareness, spectator view, mobile app, flight logging, mission reporting, and community engagement dashboard. Services include FAA regulatory services, SOP development, training, and ongoing support.

Flock Safety LPR, fka Falcon
Law enforcement grade infrastructure-free (solar power + LTE) license plate recognition camera with Vehicle Fingerprint ™ technology (proprietary machine learning software) and real-time alerts for unlimited users.

Professional Services - Existing
Infrastructure Implementation Fee
One-time Professional Services engagement. Includes site and safety assessment of existing vertical infrastructure location, camera setup and testing, and shipping and handling in accordance with the Flock Safety Standard Implementation Service Brief.

Flock Aerodome DFR - Radar
Drone as First Responder (DFR) 2.0 detect and avoid capabilities for operations up to 400 ft according to agreed-upon UASFM altitudes. Includes FAA regulatory services and installation.

Docusign Envelope ID: BAAF5D4F-75A4-4387-98DA-19908B8393A6 Docusign Envelope ID: 8BF58B94-C4B0-4047-BB39-7AA5E7F60D62 Docusign Envelope ID: B83B8960-A947-490B-8103-6D3A74155FC8

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PRODUCT ADDENDUM
UNMANNED AIR SUPPORT AS A SERVICE (UASaaS) PROGRAM

FOR DRONE RESPONSE SERVICES
WHEREAS, Customer has determined that it is in the interests of public safety for it to have the ability to utilize unmanned drones during crisis incidents, public emergencies, and in certain public safety operations, to the extent permitted by law;
WHEREAS, Flock is in the business of providing unmanned drone services (the unmanned drone services shall be considered part of the “Flock Services”) and Flock Hardware; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Customer and Flock agree as follows:

1. UNMANNED AIR SUPPORT GENERAL TERMS OF DELIVERY

1.1 Flock Services and Hardware. Flock shall provide access to Customer the Flock Services and related Flock Hardware (the “Flock Hardware”) listed on the Order Form upon the terms and conditions set forth in the Agreement. Flock maintains ownership of all the Flock Hardware. Each year, as specified in the Order Form, the Customer will be provided with a designated number of batteries. Customer may place an order for additional Flock Hardware (e.g., batteries prior to 500 complete charging cycles, hardware damaged due to Customer’s error, additional spares, etc.) at Flock’s then current list price, which will be made available to Customer upon request.

1.2 FAA Regulatory Waivers. Flock will assist Customer in acquiring any required Federal Aviation Administration (“FAA”) regulatory waivers.

1.3 Delivery. Flock shall make the Flock Hardware available to Customer at Customer’s delivery address set forth in the Order Form (“Delivery Point”). If for any reason Customer fails to accept delivery of the Flock Hardware by the date fixed pursuant to Flock's notice stating that the Flock Hardware is available at the Delivery Point: (i) Customer shall bear the risk of loss to the Flock Hardware; (ii) the Flock Hardware shall be deemed to have been delivered; and (iii) Flock, at its option, may store the Flock Hardware until collected by Customer, whereupon Customer shall be liable for all related costs and expenses (including, without limitation, storage and insurance). Once the Flock Hardware is made available as the Delivery Point, Customer is responsible for any resulting use of the Flock Hardware by all Authorized Users and all third-parties who may gain access to the same.

1.4 Pilot Services. Upon Customer’s request, Flock will make available an employee or independent contractor pilot (each a “Pilot”) to Customer for purposes of operating the Flock Hardware (hereafter the “Pilot Services”) at the pricing set forth in the Order Form. The Pilot Services shall be considered part of the Flock Services. When operating the Flock Hardware, the Pilot shall comply with the reasonable requests of Customer. Such Pilot Services may be used for up to forty (40) hours per week during the Term. Customer’s use of the Pilot Services shall not alleviate any of Customer’s obligations set forth herein. Customer shall provide Pilots with a safe working environment when on Customer’s premises.

2. LOSS AND DAMAGE OF FLOCK HARDWARE

2.1 Customer assumes and shall bear the entire risk of loss, damage to, theft or destruction of, all Flock Hardware. LOSS OR DAMAGE TO THE FLOCK HARDWARE, OR ANY PART OF IT, SHALL NOT RELIEVE CUSTOMER OF ANY OBLIGATION UNDER THE AGREEMENT. Customer’s obligations with respect to this Section shall commence upon delivery of the Flock Hardware.

Docusign Envelope ID: BAAF5D4F-75A4-4387-98DA-19908B8393A6 Docusign Envelope ID: 8BF58B94-C4B0-4047-BB39-7AA5E7F60D62 Docusign Envelope ID: B83B8960-A947-490B-8103-6D3A74155FC8

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2.2 Customer agrees to immediately notify Flock of any accident or event of loss or damage involving the Flock Hardware. The notification shall include any information as may be pertinent to Flock's investigation of such accident, loss, or damage, or which Flock may reasonably require.

3. FEES. The Order Form dictates the Flock Hardware, software, personnel, and Flock Services and the entire Flock Services corresponding fees. Customer shall pay the Fees as described on the Order Form.

4. TERM. The term of this Agreement commences on the Effective Date of this Agreement and continues until terminated as provided under this Agreement (the “Term”). Each Order Form shall commence and expire and/or terminate according to the terms set forth in such Order Form. On expiration or termination of the Agreement, all licenses provided hereunder by Flock shall immediately expire.

5. FLOCK DRONE IP. Customer Data does not include, and Flock Drone IP (defined herein) expressly includes, any data to the extent processed by, resulting as an output of, or based on the usage of, the Flock Services, Flock Hardware, including, without limitation, data collected by Flock’s radar and radio frequency sensors.

Such Flock Drone IP shall be Flock’s Confidential Information. Flock shall own all rights to (i) any data input into the Flock Services, Flock Hardware by or on behalf of Flock (not including any Customer Data) and (ii) any aggregated and anonymized data extracted or derived from the Flock Services, or use of the Flock Hardware, including all aggregated and anonymized usage data, statistical data, transactional data, metadata, market data, flight logs and flight history, telemetry data and logs, fleet information including drone serial numbers and models, connected device information including radar data concerning the surrounding airspace, and other aggregated and anonymized data collected from user data and files (collectively, “Flock Drone IP”). Without limiting the generality of the foregoing, Flock reserves the right to create and market public indexes, analysis or insights created from such data. Customer agrees that it will not share, sell, transfer, or make available any data generated by the Flock Hardware, including all Flock Drone IP to which it may have access, to any third party without the prior express written consent of Flock
Docusign Envelope ID: BAAF5D4F-75A4-4387-98DA-19908B8393A6 Docusign Envelope ID: 8BF58B94-C4B0-4047-BB39-7AA5E7F60D62 Docusign Envelope ID: B83B8960-A947-490B-8103-6D3A74155FC8

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SCHEDULE A

SERVICES
Flock makes no warranties regarding the efficacy of the training detailed below.

1. AIRWORTHINESS TRAINING
Flock will make commercially reasonable efforts to provide training for the Customer to maintain the airworthiness of its drones, including compliance-related trainings.

Customer shall be responsible for ensuring that all crew, including pilot in command, visual observer, sensor or payload operator, or other persons necessary for the safe operation of the flight have the qualifications, experience, licenses, and certificates required by applicable FAA regulations and that all have the necessary skill required to perform their duties. After completion of training, Customer will be responsible for maintaining the airworthiness of drones to which Customer is responsible and the ensuring that the respective operations are in line with all applicable laws and regulations.

The training will be conducted via both online and in-person methods, as agreed upon by both parties. The frequency and duration of training will be mutually decided and scheduled to the convenience of the Customer.

2. FLIGHT TRAINING
Flock will assist the Customer in obtaining FAA BVLOS waivers and train the Customer on compliance matters related to such waivers. Flock will start with one deployment location at a time, and work up to the agreed upon number of deployment locations for all UAS. As part of the BVLOS process, Flock will provide training materials to the Customer to certify all employees of the Customers selected as Visual Observers (“VOs”) to help aid in BVLOS operations.

Flock will provide training to officers on how to utilize the Flock IP. This will consist of:
● Showing how to access Flock on their respective internet devices ● Showing how to view a live stream through the application ● Showing how to control the drone using the application ● Showing how to report problems if they come across them on the application The training will be conducted via both online and in-person methods, as agreed upon by both parties. The frequency and duration of training will be mutually decided and scheduled to the convenience of the Customer.

3. FLOCK HARDWARE TRAINING
There will also be training for the Customer to use the Flock Hardware. This training will consist of:
● Discussing maintenance list for the drone, and how to maintain airworthiness ● Teaching how to fly the drone autonomously using the Flock IP ● Teaching how to fly the drone manually using the remote controller The training will be conducted via both online and in-person methods, as agreed upon by both parties. The frequency and duration of training will be mutually decided and scheduled to the convenience of the Customer.

Docusign Envelope ID: BAAF5D4F-75A4-4387-98DA-19908B8393A6 Docusign Envelope ID: 8BF58B94-C4B0-4047-BB39-7AA5E7F60D62 Docusign Envelope ID: B83B8960-A947-490B-8103-6D3A74155FC8

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4. DEPLOYMENT SUPPORT
Flock will teach the Customer how to dispatch the Flock Hardware using the software for 911 calls.

Only personnel authorized by Customer may have access to the livestream from the drone. They will also be taught on how to use Flock’s software to view said stream on any internet-connected device.

Authorized personnel may have access to the Flock IP, which can convey the current status of the drone, and how to tell the drone to conduct additional maneuvers if needed.

All operations must be conducted by a Pilot in Command (“PIC”), who is an FAA-certified pilot. Customer will provide the PICs needed to sustain this program.

Flock will assist in drafting a Standard Operating Procedure (“SOP”) as well as department policies regarding access, deployments, privacy, and community engagement.

Flock will ensure correct implementation of each Flock station and its included Flock Hardware which may or may not include the aircraft, on-prem servers, charging dock installations, radars, and more.

Docusign Envelope ID: BAAF5D4F-75A4-4387-98DA-19908B8393A6 Docusign Envelope ID: 8BF58B94-C4B0-4047-BB39-7AA5E7F60D62 Docusign Envelope ID: B83B8960-A947-490B-8103-6D3A74155FC8

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SCHEDULE B

SPECIFICATIONS
Customer must abide by the following standards:

Operational:
● Per FAA regulations, and without the necessary waiver, a minimum of one pilot is required to operate each drone.
● Work with Flock to get BVLOS waivers for the city to fully use Flock’s product and services. ● Train members of the city to be VOs so that the Customer can have FAA-compliant and safe BVLOS operations (Flock will provide training material if needed). ● If Customer wants to connect Flock’s software to their Computer Aided Dispatch (“CAD”) system, Customer will provide access to said CAD system at no cost to Flock to location information and other pertinent information about calls-for-service as they are placed. ● Flock will provide their Flock software interface to command the Flock Hardware. Customer must independently access and store any personal information about calls-for-services other than their location and the type of response (police, fire, or EMS) they prompted.

Customer shall be responsible to integrate with CAD software to pull location information and call type information of every call-for-service that the Customer decides the drone should be deployed to, so long as there are no monetary charges to Flock for said integration.

Docusign Envelope ID: BAAF5D4F-75A4-4387-98DA-19908B8393A6 Docusign Envelope ID: 8BF58B94-C4B0-4047-BB39-7AA5E7F60D62 Docusign Envelope ID: B83B8960-A947-490B-8103-6D3A74155FC8

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By executing this Order Form, Customer represents and warrants that it has read and agrees to all of the terms and conditions contained in the previously executed agreement.

The Parties have executed this Agreement as of the dates set forth below.

FLOCK GROUP, INC. Customer: CA - City of Fairfield
By:
\FSSignature2\
By:
\FSSignature1\
Name:
\FSFullname2\
Name:
\FSFullname1\
Title:
\FSTitle2\
Title:
\FSTitle1\
Date:
\FSDateSigned2\
Date:
\FSDateSigned1\
PO Number:

Docusign Envelope ID: BAAF5D4F-75A4-4387-98DA-19908B8393A6 Mark Smith
6/2/2025
General Counsel
Docusign Envelope ID: 8BF58B94-C4B0-4047-BB39-7AA5E7F60D62 Docusign Envelope ID: B83B8960-A947-490B-8103-6D3A74155FC8

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EXHIBIT “B”

PAYMENT
Billing Schedule
Year 1 350,000.00
Year 2 350,000.00
Year 3 350,000.00
Year 4 350,000.00
Year 5 350,000.00
Contract Total 1,750,000.00
Annual Recurring 350,000.00
Services will be invoiced as per the terms on your Flock Safety quote and contract. Flock Safety Professional Services labor rate is $250 per hour for all services above and beyond those purchased and outlined in this statement of work. 1) The total contract price for services rendered by SERVICE PROVIDER under this Agreement described in Exhibit “A” shall be eighteen thousand dollars ($1,750,000.00). 2) Payment shall be made to SERVICE PROVIDER on a time and materials basis, and SERVICE PROVIDER shall submit monthly invoices to [email protected] for the same. 3) CITY shall pay SERVICE PROVIDER within 45 days after receipt of SERVICE PROVIDER’S invoice.
4) Any additional meetings, work, or other services required beyond that set forth in Exhibit “A-2” shall be mutually agreed to in writing by the CITY and CONSULTANT. Such additional work shall be billed on a time and materials basis, or as otherwise agreed to in writing by CITY and CONSULTANT. 5) NON-REIMBURSABLE EXPENSES. CONSULTANT shall be responsible for all costs and expenses incurred by CONSULTANT, personnel of CONSULTANT and subcontractors of CONSULTANT, in connection with the Services, 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. 6) Termination for Non-Appropriation of Funds. City is subject to federal, state or local law which makes City’s financial obligations under this Services Agreement contingent upon sufficient appropriation of funds by the applicable legislature (or other appropriate governmental body), and if such funds are not forthcoming or are insufficient due to failure of such appropriation, then City will have the right to terminate the Services Agreement at no additional cost and with no penalty by giving prior written notice documenting the lack of funding. City will use reasonable efforts to ensure appropriated funds are available. City will provide at least thirty (30) days advance written notice of such termination.

Docusign Envelope ID: 8BF58B94-C4B0-4047-BB39-7AA5E7F60D62 Docusign Envelope ID: B83B8960-A947-490B-8103-6D3A74155FC8

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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.

Docusign Envelope ID: 8BF58B94-C4B0-4047-BB39-7AA5E7F60D62 Docusign Envelope ID: B83B8960-A947-490B-8103-6D3A74155FC8

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8) CANCELLATION OF AGREEMENT. This Agreement may be canceled at any time by the City at the discretion of the City Manager, or his/her designee, upon written notification to Service Provider. Service Provider 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. 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 receipt of written notice to cease work shall become the property of City. 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 to 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 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.

Docusign Envelope ID: 8BF58B94-C4B0-4047-BB39-7AA5E7F60D62 Docusign Envelope ID: B83B8960-A947-490B-8103-6D3A74155FC8

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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, nonprofit 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:

Docusign Envelope ID: 8BF58B94-C4B0-4047-BB39-7AA5E7F60D62 Docusign Envelope ID: B83B8960-A947-490B-8103-6D3A74155FC8

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To City: City of Fairfield
Attn: __________
c/o ____________
1000 Webster Street
Fairfield, California 94533
To Service Provider:

Flock Group Inc
_________________________
_________________________
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.

Docusign Envelope ID: 8BF58B94-C4B0-4047-BB39-7AA5E7F60D62 Docusign Envelope ID: B83B8960-A947-490B-8103-6D3A74155FC8

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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.
d) Insurance Disclosure Clause – Sublimits
Disclosure of Insurance Sublimits
Vendor shall provide complete and accurate documentation of all applicable insurance policies required under this Agreement, including but not limited to general liability, cyber liability, professional liability, and errors and omissions insurance. Vendor shall expressly disclose any sublimits that apply to any portion of the coverage required under this Agreement. This includes, but is not limited to, sublimits applicable to specific types of claims, data breaches, regulatory investigations, defense costs, or geographic restrictions. e) Failure to disclose any applicable sublimits shall be deemed a material breach of this Agreement. The disclosure shall be made in writing and must accompany the Certificate(s) of Insurance provided prior to the commencement of services and upon each annual renewal thereafter.

2. INDUSTRY SPECIFIC COVERAGES
The following insurance is also required.

X Cyber Liability Insurance in the minimum amount of $1,000,000 per occurrence Docusign Envelope ID: 8BF58B94-C4B0-4047-BB39-7AA5E7F60D62 Docusign Envelope ID: B83B8960-A947-490B-8103-6D3A74155FC8

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3. INSURANCE PROVISIONS
a) DEDUCTIBLES AND SELF-INSURED RETENTIONS. Any deductibles or selfinsured 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 selfinsured 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.

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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 via email at [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.

Docusign Envelope ID: 8BF58B94-C4B0-4047-BB39-7AA5E7F60D62 Docusign Envelope ID: B83B8960-A947-490B-8103-6D3A74155FC8

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EXHIBIT “E”

CJIS SECURITY ADDENDUM AGREEMENT
Agency Identification
Agency Name/ORI: City of Fairfield Police Department
Agency Address: 1000 Webster St Fairfield, CA 94533
Agency Representative (Title and Name): Imelda Preciado Phone Number: 707-428-7707
Email address: [email protected]
Vendor/Contractor Identification
COMPANY NAME: _________________________________________________ ADDRESS: _______________________________________________________ CITY, STATE ZIP: _________________________________________________ Contractor Representative: _________________________________________ Phone Number/Fax Number: _______________________________________ Email Address: __________________________________________________ This document is not intended to replace the Security Addendum process identified in the CJIS Security Policy. This document is intended to provide an alternative method for the Security Addendum process in situations where there is no formal or “typical” contract for services between a criminal justice agency and a CJIS related vendor, or the existing contract/service level agreement does not incorporate the Security Addendum. A copy of the contract must be available for audit purposes.

This Security Addendum Agreement incorporates the Security Addendum found in Appendix H of the CJIS Security Policy.

Signatory Page
The undersigned parties agree that the CJIS Security Addendum and the CJIS Security Policy are now a part of any criminal justice information services contract between the entities. The parties agree to abide by all applicable requirements of the CJIS Security Addendum and the CJIS Security Policy, and it shall remain in force for the term of the contract. Any violation of this agreement shall have the same force as identified in the contract. This agreement is signed and dated by the vendor/contractor and criminal justice agency representative(s) who have the authority to bind each entity.

Docusign Envelope ID: 8BF58B94-C4B0-4047-BB39-7AA5E7F60D62 Docusign Envelope ID: B83B8960-A947-490B-8103-6D3A74155FC8

1.866.901.1781
[email protected]
Flock Group, Inc.
1170 Howell Mill Rd, Suite 210
Atlanta, GA 30318
Mark Smith

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Criminal Justice Agency
___________________________________________________________________ Printed Name of Agency Representative
__________________________________________________________________ Signature of Agency Representative & Title
___________________________________________________________________ Agency Name and ORI Date
Vendor/Contractor
___________________________________________________________________ Printed Name of Vendor Representative
___________________________________________________________________ Signature of Vendor Representative Title
___________________________________________________________________ Signature of Vendor (Contractor) Representative Date
Docusign Envelope ID: 8BF58B94-C4B0-4047-BB39-7AA5E7F60D62 Docusign Envelope ID: B83B8960-A947-490B-8103-6D3A74155FC8 General Counsel 6/2/2025
Mark Smith

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FEDERAL BUREAU OF INVESTIGATION

CRIMINAL JUSTICE INFORMATION SERVICES

SECURITY ADDENDUM
Legal Authority for and Purpose and Genesis of the
Security Addendum
Traditionally, law enforcement and other criminal justice agencies have been responsible for the confidentiality of their information. Accordingly, until mid-1999, the Code of Federal Regulations Title 28, Part 20, subpart C, and the National Crime Information Center (NCIC) policy paper approved December 6, 1982, required that the management and exchange of criminal justice information be performed by a criminal justice agency or, in certain circumstances, by a noncriminal justice agency under the management control of a criminal justice agency.

In light of the increasing desire of governmental agencies to contract with private entities to perform administration of criminal justice functions, the FBI sought and obtained approval from the United States Department of Justice (DOJ) to permit such privatization of traditional law enforcement functions under certain controlled circumstances. In the Federal Register of May 10, 1999, the FBI published a Notice of Proposed Rulemaking, announcing as follows:

1. Access to CHRI [Criminal History Record Information] and Related Information, Subject to Appropriate Controls, by a Private Contractor Pursuant to a Specific Agreement with an Authorized Governmental Agency To Perform an Administration of Criminal Justice Function (Privatization). Section 534 of title 28 of the United States Code authorizes the Attorney General to exchange identification, criminal identification, crime, and other records for the official use of authorized officials of the federal government, the states, cities, and penal and other institutions. This statute also provides, however, that such exchanges are subject to cancellation if dissemination is made outside the receiving departments or related agencies.

Agencies authorized access to CHRI traditionally have been hesitant to disclose that information, even in furtherance of authorized criminal justice functions, to anyone other than actual agency employees lest such disclosure be viewed as unauthorized. In recent years, however, governmental agencies seeking greater efficiency and economy have become increasingly interested in obtaining support services for the administration of criminal justice from the private sector. With the concurrence of the FBI Criminal Justice Information Service (CJIS) Advisory Policy Board, the DOJ has concluded that disclosures to private persons and entities providing support services for criminal justice agencies may, when subject to appropriate controls, properly be viewed as permissible disclosures for purposes of compliance with 28 U.S.C. 534.

We are therefore proposing to revise 28 CFR 20.33(a)(7) to provide express authority for such arrangements. The proposed authority is similar to the authority that already exists in 28 CFR 20.21(b)(3) for state and local CHRI systems.

Provision of CHRI under this authority would only be permitted pursuant to a specific agreement with an authorized governmental agency for the purpose of Docusign Envelope ID: 8BF58B94-C4B0-4047-BB39-7AA5E7F60D62 Docusign Envelope ID: B83B8960-A947-490B-8103-6D3A74155FC8

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providing services for the administration of criminal justice. The agreement would be required to incorporate a security addendum approved by the Director of the FBI (acting for the Attorney General). The security addendum would specifically authorize access to CHRI, limit the use of the information to the specific purposes for which it is being provided, ensure the security and confidentiality of the information consistent with applicable laws and regulations, provide for sanctions, and contain such other provisions as the Director of the FBI (acting for the Attorney General) may require. The security addendum, buttressed by ongoing audit programs of both the FBI and the sponsoring governmental agency, will provide an appropriate balance between the benefits of privatization, protection of individual privacy interests, and preservation of the security of the FBI’s CHRI systems.

The FBI will develop a security addendum to be made available to interested governmental agencies. We anticipate that the security addendum will include physical and personnel security constraints historically required by NCIC security practices and other programmatic requirements, together with personal integrity and electronic security provisions comparable to those in NCIC User Agreements between the FBI and criminal justice agencies, and in existing Management Control Agreements between criminal justice agencies and noncriminal justice governmental entities. The security addendum will make clear that access to CHRI will be limited to those officers and employees of the private contractor or its subcontractor who require the information to properly perform services for the sponsoring governmental agency, and that the service provider may not access, modify, use, or disseminate such information for inconsistent or unauthorized purposes.

Consistent with such intent, Title 28 of the Code of Federal Regulations (C.F.R.) was amended to read:
§ 20.33 Dissemination of criminal history record information. a) Criminal history record information contained in the Interstate Identification Index (III) System and the Fingerprint Identification Records System (FIRS) may be made available:

To criminal justice agencies for criminal justice purposes, which purposes include the screening of employees or applicants for employment hired by criminal justice agencies.

To non-criminal justice governmental agencies performing criminal justice dispatching functions or data processing/information services for criminal justice agencies; and
To private contractors pursuant to a specific agreement with an agency identified in paragraphs (a)(1) or (a)(6) of this section and for the purpose of providing services for the administration of criminal justice pursuant to that agreement. The agreement must incorporate a security addendum approved by the Attorney General of the United States, which shall specifically authorize access to criminal history record information, limit the use of the information to the purposes for which it is provided, ensure the security and confidentiality of the information consistent with these regulations, provide for sanctions, and contain such other provisions as the Attorney General Docusign Envelope ID: 8BF58B94-C4B0-4047-BB39-7AA5E7F60D62 Docusign Envelope ID: B83B8960-A947-490B-8103-6D3A74155FC8

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may require. The power and authority of the Attorney General hereunder shall be exercised by the FBI Director (or the Director’s designee).

This Security Addendum, appended to and incorporated by reference in a government-private sector contract entered into for such purpose, is intended to insure that the benefits of privatization are not attained with any accompanying degradation in the security of the national system of criminal records accessed by the contracting private party. This Security Addendum addresses both concerns for personal integrity and electronic security which have been addressed in previously executed user agreements and management control agreements.

A government agency may privatize functions traditionally performed by criminal justice agencies (or noncriminal justice agencies acting under a management control agreement), subject to the terms of this Security Addendum. If privatized, access by a private contractor's personnel to NCIC data and other CJIS information is restricted to only that necessary to perform the privatized tasks consistent with the government agency's function and the focus of the contract. If privatized the contractor may not access, modify, use or disseminate such data in any manner not expressly authorized by the government agency in consultation with the FBI.

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FEDERAL BUREAU OF INVESTIGATION

CRIMINAL JUSTICE INFORMATION SERVICES

SECURITY ADDENDUM
The goal of this document is to augment the CJIS Security Policy to ensure adequate security is provided for criminal justice systems while (1) under the control or management of a private entity or (2) connectivity to FBI CJIS Systems has been provided to a private entity (contractor). Adequate security is defined in Office of Management and Budget Circular A-130 a “security commensurate with the risk and magnitude of harm resulting from the loss, misuse, or unauthorized access to or modification of information.”
The intent of this Security Addendum is to require that the Contractor maintain a security program consistent with federal and state laws, regulations, and standards (including the CJIS Security Policy in effect when the contract is executed), as well as with policies and standards established by the Criminal Justice Information Services (CJIS) Advisory Policy Board (APB).

This Security Addendum identifies the duties and responsibilities with respect to the installation and maintenance of adequate internal controls within the contractual relationship so that the security and integrity of the FBI's information resources are not compromised. The security program shall include consideration of personnel security, site security, system security, and data security, and technical security.

The provisions of this Security Addendum apply to all personnel, systems, networks and support facilities supporting and/or acting on behalf of the government agency.

1.00 Definitions

1.01 Contracting Government Agency (CGA) - the government agency, whether a Criminal Justice Agency or a Noncriminal Justice Agency, which enters into an agreement with a private contractor subject to this Security Addendum.

1.02 Contractor - a private business, organization or individual which has entered into an agreement for the administration of criminal justice with a Criminal Justice Agency or a Noncriminal Justice Agency.

2.00 Responsibilities of the Contracting Government Agency.

2.01 The CGA will ensure that each Contractor employee receives a copy of the Security Addendum and the CJIS Security Policy and executes an acknowledgment of such receipt and the contents of the Security Addendum. The signed acknowledgments shall remain in the possession of the CGA and available for audit purposes. The acknowledgement may be signed by hand or via digital signature (see glossary for definition of digital signature).

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3.00 Responsibilities of the Contractor.

3.01 The Contractor will maintain a security program consistent with federal and state laws, regulations, and standards (including the CJIS Security Policy in effect when the contract is executed and all subsequent versions), as well as with policies and standards established by the Criminal Justice Information Services (CJIS) Advisory Policy Board (APB).

4.00 Security Violations

4.01 The CGA must report security violations to the CJIS Systems Officer (CSO) and the Director, FBI, along with indications of actions taken by the CGA and Contractor.

4.02 Security violations can justify termination of the appended agreement.

4.03 Upon notification, the FBI reserves the right to:
a. Investigate or decline to investigate any report of unauthorized use; b. Suspend or terminate access and services, including
telecommunications links. The FBI will provide the CSO with timely written notice of the suspension. Access and services will be reinstated only after satisfactory assurances have been provided to the FBI by the CGA and Contractor. Upon termination, the Contractor's records containing CHRI must be deleted or returned to the CGA.

5.00 Audit

5.01 The FBI is authorized to perform a final audit of the Contractor's systems after termination of the Security Addendum.

6.00 Scope and Authority

6.01 This Security Addendum does not confer, grant, or authorize any rights, privileges, or obligations on any persons other than the Contractor, CGA, CJA (where applicable), CSA, and FBI.

6.02 The following documents are incorporated by reference and made part of this agreement: (1) the Security Addendum; (2) the NCIC 2000 Operating Manual; (3) the CJIS Security Policy; and (4) Title 28, Code of Federal Regulations, Part 20.

The parties are also subject to applicable federal and state laws and regulations.

6.03 The terms set forth in this document do not constitute the sole understanding by and between the parties hereto; rather they augment the provisions of the CJIS Security Policy to provide a minimum basis for the security of the system and contained information and it is understood that there may be terms and conditions of the appended Agreement which impose more stringent requirements upon the Contractor.

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6.04 This Security Addendum may only be modified by the FBI, and may not be modified by the parties to the appended Agreement without the consent of the FBI.

6.05 All notices and correspondence shall be forwarded by First Class mail to:

Information Security Officer
Criminal Justice Information Services Division, FBI
1000 Custer Hollow Road
Clarksburg, West Virginia 26306
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FEDERAL BUREAU OF INVESTIGATION

CRIMINAL JUSTICE INFORMATION SERVICES

SECURITY ADDENDUM

CERTIFICATION
I hereby certify that I am familiar with the contents of (1) the Security Addendum, including its legal authority and purpose; (2) the NCIC Operating Manual; (3) the CJIS Security Policy; and (4) Title 28, Code of Federal Regulations, Part 20, and agree to be bound by their provisions.

I recognize that criminal history record information and related data, by its very nature, is sensitive and has potential for great harm if misused. I acknowledge that access to criminal history record information and related data is therefore limited to the purpose(s) for which a government agency has entered into the contract incorporating this Security Addendum. I understand that misuse of the system by, among other things: accessing it without authorization; accessing it by exceeding authorization; accessing it for an improper purpose; using, disseminating or redisseminating information received as a result of this contract for a purpose other than that envisioned by the contract, may subject me to administrative and criminal penalties. I understand that accessing the system for an appropriate purpose and then using, disseminating or re-disseminating the information received for another purpose other than execution of the contract also constitutes misuse. I further understand that the occurrence of misuse does not depend upon whether or not I receive additional compensation for such authorized activity. Such exposure for misuse includes, but is not limited to, suspension or loss of employment and prosecution for state and federal crimes.
_______________________________________ _______________ Printed Name/Signature of Contractor Employee Date
_______________________________________ _______________ Printed Name/Signature of Contractor Representative Date _______________________________________
Organization and Title of Contractor Representative
Docusign Envelope ID: 8BF58B94-C4B0-4047-BB39-7AA5E7F60D62 Docusign Envelope ID: B83B8960-A947-490B-8103-6D3A74155FC8 Mark Smith
Flock Group, Inc.
6/2/2025
General Counsel
Mark Smith 6/2/2025

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EXHIBIT “F”
SOC 2 REPORTING REQUIREMENTS
This Exhibit F (the "Exhibit") forms an integral part of the Agreement between Flock Group (the "Vendor") and the City of Fairfield (the "City"), effective as of the signing of the Agreement.

1. Purpose
The purpose of this Exhibit is to establish the Vendor’s obligation to provide the City with a Service Organization Control 2 (SOC 2) Type II Report (the "Report") to demonstrate the Vendor’s compliance with industry standards for security, availability, processing integrity, confidentiality, and/or privacy.

2. SOC 2 Reporting Requirements

2.1 Frequency of Report Delivery
The Vendor shall provide the City with a SOC 2 Type II Report every two (2) years, measured from the effective date of this Agreement or the date of the last delivered Report, whichever is later.

2.2 Scope of the SOC 2 Report
The SOC 2 Report shall:

Be prepared by an independent, licensed Certified Public Accountant (CPA) or firm qualified to perform SOC 2 audits.

Cover the technology services provided under this Agreement, as agreed upon by both parties.

Include details regarding any identified deficiencies or areas for improvement, along with the corrective actions implemented.

2.3 Timely Submission
The Vendor shall ensure that each SOC 2 Report is delivered to the City no later than sixty (60) calendar days after the end of the reporting period.

3. Cost and Responsibilities

3.1 Vendor Responsibility
The Vendor shall bear all costs associated with the preparation and submission of the SOC 2 Report.

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3.2 Cooperation
The Vendor shall provide the necessary access, documentation, and support to the auditors to ensure the timely and accurate preparation of the SOC 2 Report.

4. Review and Remediation

4.1 Review of the SOC 2 Report
Upon receipt of the SOC 2 Report, the City shall review the findings. If the Report identifies any material deficiencies, the Vendor shall provide a detailed remediation plan within thirty (30) calendar days of the City’s request.

4.2 Failure to Comply
Failure to deliver a SOC 2 Report, remediate deficiencies, or otherwise comply with the terms of this Exhibit may be considered a material breach of the Agreement, subject to the remedies set forth in the Agreement.

5. Confidentiality
The SOC 2 Report shall be treated as confidential information under the terms of the Agreement and used solely for the purpose of verifying the Vendor’s compliance.

Docusign Envelope ID: 8BF58B94-C4B0-4047-BB39-7AA5E7F60D62 Docusign Envelope ID: B83B8960-A947-490B-8103-6D3A74155FC8

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Agenda Item No: P.8

AGENDA REPORT
DATE: June 17, 2025
TO: Mayor and Council
FROM: David Gassaway, City Manager
SUBJECT: Resolution 2025-116 PD Authorizing the Addition of Two Limited-Term Police Sergeant Positions
Funding Source: $72,712; General Fund
Contact: Daniel Marshall, (707) 428-7374

RECOMMENDED ACTION
Adopt resolution.

STATEMENT OF ISSUE
The Police Department is budgeted for 18 full-time Police Sergeant positions. However, due to various extended leaves and retirements, the department is short-staffed on Police Sergeants.

The department is requesting to add two limited-term (12 months) Police Sergeant positions to assist the department during this transition period.

DISCUSSION
On June 20, 2023, the City Council adopted the City’s budget for fiscal years 2023-2024 and 2024- 2025 with Resolution 2023-149. Within this budget, the Police Department was allotted 18 Police Sergeant positions. These Police Sergeant positions are utilized throughout the department and play a vital role as they are the front-line supervisors for staff. Police Sergeants are also responsible for the day-to-day operations of the department and are assigned to Patrol, Investigations, Traffic, Youth Services, and Homeless Intervention.

Due to extended leaves of absence for various reasons (medical, administrative), the department is lacking personnel to fill this critical position; however, we are unable to staff the position due to being fully staffed according to our adopted budget. The department is requesting to add two additional limited-term (12 months) positions to assist the department during this period. We are hopeful the extended leaves will be resolved by the time the term expires, and the position will be absorbed into the 18 budgeted positions. The department requests that one be approved as of June 27 and the other as of August 22.

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FINANCIAL IMPACT
The total additional cost for two limited-term positions would be $72,712 ($36,356 each).

The cost of this position will be covered by the department’s discretionary funds in lieu of the anticipated overtime costs associated with maintaining adequate supervisory staffing levels.

Discretionary funds will come from the General Fund for the Police Department (Fund 101, Organization Code 50200).

PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
N/A

ALTERNATIVE ACTION
The council may choose not to adopt the resolution, which would leave the department shortstaffed on Police Sergeants.

COORDINATED WITH
Finance and Human Resources Departments

STAFF CONTACT
Daniel Marshall, Chief of Police
(707) 428-7374
[email protected]

ATTACHMENTS
Attachment 2: Proposed Resolution

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CITY OF FAIRFIELD
RESOLUTION NO. 2025-116

AUTHORIZING THE ADDITION OF TWO LIMITED-TERM POLICE SERGEANT POSITIONS WHEREAS, on June 20, 2023, the City Council of the City of Fairfield adopted Resolution 2023- 149, authorizing 18 Police Sergeant positions in the Police Department; and WHEREAS, the department currently has Police Sergeants out on extended leaves of absences for various reasons; and
WHEREAS, the Police Sergeant position plays a vital role in the daily operations of the Police Department; and
WHEREAS, the Police Department is seeking to fill these positions until the leaves of absences resolve.

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

Section 1. The City Council hereby authorizes the addition of two limited-term Police Sergeant positions for the term of 12 months for a total additional cost of $72,712.

PASSED AND ADOPTED this 17th day of June 2025, by the following vote:

CITY CLERK

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Agenda Item No: P.9

AGENDA REPORT
DATE: June 17, 2025
TO: Mayor and Council
FROM: David Gassaway, City Manager
SUBJECT: CM Minute Action Approving Park Naming to Honor Robbieburr Berger Funding Source: N/A
Contact: David Gassaway, (707) 428-7400

RECOMMENDED ACTION
Approve park naming honoring former councilmember Robbieburr Berger.

STATEMENT OF ISSUE
The City Council is being asked to approve the Honors Committee's recommendation to name a new park (facility) in remembrance of Robbieburr Berger, Fairfield’s first female Councilmember.

DISCUSSION
In 1972, Robbieburr Berger made history as Fairfield’s first female City Councilmember. On April 20, 2021, City staff brought forward a minute action to City Council recommending the naming of future streets in honor of former Councilmember Robbieburr Berger and several other past councilmembers. While the action was approved, no new street-naming opportunities have arisen since that time.

With a new park and recreation center under development at 2030 North Texas Street, City staff now recommend naming the park in honor of Councilmember Berger. The City Manager’s Office submitted a formal application to the Honors Committee, which is composed of two councilmembers—Doug Carr and Manveer Sandhu—appointed annually by the Mayor. The committee reviewed and approved the application, forwarding their recommendation to Mayor Catherine "Cat" Moy.

Mayor Moy concurred with the committee’s recommendation and agreed that naming the new park in honor of Robbieburr Berger is a fitting tribute to her legacy and service to the Fairfield community.

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FINANCIAL IMPACT
N/A

PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
The Honors Committee approved the application.

ALTERNATIVE ACTION
The council may choose not to approve the application for naming City facilities.

COORDINATED WITH
N/A

STAFF CONTACT
David Gassaway, City Manager
(707) 428-7400
[email protected]

ATTACHMENTS
Attachment 2: Policy for Naming City Facilities, Donations, Sponsorships, and Capital Campaigns Attachment 3: Application – Berger

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City of Fairfield

POLICY FOR NAMING CITY FACILITIES, DONATIONS,

SPONSORSHIPS, AND CAPITAL CAMPAIGNS

POLICY PURPOSE
This Policy establishes the process and criteria for the consideration of requests for the naming of City facilities, the process and criteria for the consideration of acceptance of donations, the process and criteria associated with sponsorships, and the establishment of capital campaigns.

POLICY STATEMENT – NAMING OF CITY FACILITIES
It is the policy of the City to provide a process for consideration of the naming of City facilities. As used in this policy and for the purposes of naming, “facility” or “facilities” shall include all Cityowned infrastructure such as streets, parks, and buildings or portions of any of those facilities.

Only new facilities or additions to facilities are eligible for naming.

Once named, no City facility shall be renamed.

The type, design, size, font, wording, placement, and other similar components of plaques, monuments, signs, etc. installed or placed at City facilities shall be at the sole discretion of the City.

Pursuant to Government Code §34092, whenever the name of any street, park, or place is adopted or established by any city or other authority, the city clerk shall promptly forward a copy of the resolution, order, or other instrument providing for such new name or change of name or house number to the Solano County Board of Supervisors.

Naming Process
The process for naming a public facility will be as follows:

A. Timing of Naming. Facilities may only be named at the conclusion of any capital campaign raising funds for the facility or addition, even if the name of the facility does not result from that campaign. Facilities must be named sixty (60) days before public use.

B. Application Submittal. A naming application shall be submitted to the City Manager’s Office. The City Manager’s Office may prescribe the form and necessary components of the application, which may change over time or to best match each particular request.

C. Application Review. The City Manager’s office shall review the application and determine if it is complete and consistent with this Policy. Applications determined by the City Manager’s Office to be incomplete, without sufficient support, or that are otherwise inconsistent with this Policy will be returned to the applicant together with a written Attachment 1 Page 1 of 6 Packet Page 157 of 178

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City of Fairfield Naming, Donation, Sponsorship, and Capital Campaign Policy October 1, 2019 Page 2 of 6
explanation for the return. The applicant may resubmit the application at any time up to a total of two additional times with new or additional information to correct the insufficiencies.

If determined to be complete and consistent, city staff will prepare and present a staff report including a recommendation for City Council consideration during a City Council meeting.

D. Review by City Council. The City Council shall consider the application and staff report and determine whether a City facility or portion thereof should be named. All naming decisions shall be at the sole discretion of the City Council.

Naming Criteria
Priorities in order of importance to be considered in naming City Facilities shall be as follows:

A. Historic Names. Names of historic events, groups, organizations, or persons at the local, regional, or national level of major significance with special consideration given to Fairfield’s own history.

B. Places and Feature Names.

1. Recognizable area or neighborhood, e.g. “Rolling Hills.” Names that aid in locating a facility are acceptable. If the facility is located on a park or school site, the facility need not share the name of the park or school site.

2. Assumed Names. Assumed names should be used only if the area has been known by that assumed name for an extended period of time, e.g. the “Cordelia” area.

3. Theme Names. If a facility is located in an area with a specific theme, due consideration should be given to that theme.

4. Natural Phenomena. Natural phenomena, such as rivers, creeks, and terrain.

5. Horticultural Features. Horticultural features characteristic of a particular area.

6. Combination of horticultural and place.

C. Individuals, Groups, or Organizations. The following criteria will be used in evaluating the use of names of persons (whether living or deceased), groups, and organizations.

1. General Criteria. Names of groups, organizations, or persons, having a longstanding affiliation with the City of not less than ten (10) or more years of significant community service, involvement, or contributions beyond the ordinary interest level where efforts have:
a. Enhanced the quality of life and well-being of City residents; b. Contributed to the preservation of the City’s history or culture; c. Made exemplary or meritorious contributions to the City or its residents; and/or
d. Contributed to the acquisition, development, or conveyance of land, buildings, structures, or other amenities to the City or community.

2. Groups and Organizations. Facilities may be named after groups or organizations pursuant to the General Criteria.

3. Deceased Persons. To be considered for a naming opportunity, the individual must have been deceased for at least two (2) years. Such individuals may include:
a. Historic persons.
b. National and/or local heroes. Those who have given outstanding service to humankind or who have worked over and above any ordinary interest level. A resident of Fairfield who has attained local, Attachment 1 Page 2 of 6 Packet Page 158 of 178

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City of Fairfield Naming, Donation, Sponsorship, and Capital Campaign Policy October 1, 2019 Page 3 of 6
state, or national recognition for parks and recreation work or work in the areas of public safety or public health, as appropriate to the facility, would be highly acceptable.
c. No facility can be named after any City of Fairfield employee, except for those who died while on duty working for the City of Fairfield. d. Only one Facility may be named in honor of an individual.

4. Living Persons. Facilities will not be named after living persons unless associated with a capital campaign.

In addition, the following names should be avoided:
 Cumbersome, corrupted or modified names, profane, discriminatory or derogatory names relating to age, race, religion, creed, national origin, sex, color, marital status, disability, sexual orientation, political affiliation or other similar categories.  Names that cause confusion due to duplication or that sound too similar to existing named locations within the City or surrounding areas.
 Names of companies whose business is substantially derived from the sale of alcohol, tobacco, cannabis, firearms, pornography, or other products or services considered unsuitable or inappropriate.
 The re-use of former facility names other than for a reconstruction of the same facility in the same location.
 Names that would result in the overt commercialization of City facilities unless in conjunction with a substantial subsidy of construction costs in conjunction with a capital campaign.
 Names that are overly recognized, either within the City or region.

Naming Costs
All costs of plaques, monuments, signs and the like resulting from naming will be borne by the individual, group, or organization requesting the name.

POLICY STATEMENT – DONATIONS
It is the policy of the City to provide a process for consideration of donations. As used in this policy, “donations” refer certain tangible objects such as benches, trees, cars, or artwork or the financial means for the city to acquire such objects. There is no expectation of an equal exchange of recognition or benefits commensurate with the value of the donation and there are no naming opportunities associated with the donation, although the City at its sole discretion may wish to recognize the donor or donor’s honoree at a City Council meeting and/or with a commemorative plaque at the location of the donation.

Donation Process
A. Application. A donation application shall be submitted to the City Manager’s Office. The City Manager’s Office may prescribe the form and necessary components of the application, which may change over time or to best match each particular request.

B. Review of Application. The City Manager’s Office shall review the application and determine if it is complete and consistent with this Policy, including with the Acceptance Criteria. The City Manager’s Office will coordinate such review with or through another city Attachment 1 Page 3 of 6 Packet Page 159 of 178

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department or departments benefitting from the donation. The City Manager’s Office will return applications determined by to be incomplete or inconsistent with this Policy together with a written explanation for the return. The applicant may resubmit the application at any time up to a total of two additional times with new or additional information to correct the insufficiencies.

C. Acceptance of Donations. The City Manager’s Office may accept the donation if it is determined to be in compliance with this policy and as long as the donation also complies with other applicable city or state policies or laws governing gifts and donations. At the City Manager’s discretion, staff may present a recommendation about a particular donation to the City Council for the City Council to make the final determination to accept or reject a donation. The City reserves the right to reject any offer of donation if, upon review, acceptance of the donation is determined not to be in the best interest of the City.

Donation Acceptance Criteria
Appropriate City staff will review the acceptability of any donation and determine if the benefits to be derived warrant acceptance of the donation. Criteria for evaluation may include but are not limited to:
 The desirability or need for the donation.
 An analysis of any visual, functional, or land use impact of the donation.  An analysis of the make, model, and proposed location of the donation.  Consideration of any immediate or initial expenditure required of the City in order to accept the donation.
 The potential and extent of the City’s obligation to maintain the property or item donated, and the City’s available resources to do so now and in the future.  Whether the donation includes sufficient funding for installation and/or maintenance.  The community benefit derived from the donation.

Donations will not be accepted from:
 Companies that substantially derive their income from the sale of tobacco products, cannabis products, alcohol, pornography or other “adult” businesses, gambling or firearms  Any entity that will create a conflict of interest with the City  A business or other entity involved in a lawsuit/litigation with the agency  A business or other entity engaged in any stage of negotiation with the city for any purpose other than that for a sponsorship or capital campaign process Following the Acceptance of Donations
Upon acceptance of donations, the City will assume ownership, control, and maintenance of any donation unless otherwise specified in a written agreement between the City and the donor. The City shall not be obligated to retain, repair or replace any donated object that is damaged or destroyed for any reason, such as by vandalism, theft, the effects of weather or time, or, in the case of live plants, if they die. The City reserves the right to remove and/or relocate any donated object at any time. However, if a donated object(s) needs to be removed and is in acceptable condition, the City will make a reasonable attempt to relocate the object(s), if a need for such object(s) exists at another City facility. When acknowledging donations, the acknowledgement language and signage shall conform to the relevant portions of the Naming of City Facilities Attachment 1 Page 4 of 6 Packet Page 160 of 178

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section of this policy. In addition, plaques, benches, trees, and other donated objects are not intended to be a place of worship or an official gathering place.

POLICY STATEMENT – SPONSORSHIPS
It is the policy of the City to provide a process for sponsorships. As used in this policy, “sponsorships” are the financial, service, or in-kind contributions that will increase the City’s ability to deliver services, programs, scholarships, special events, and other similar non-tangible elements that further enhance, promote or support the goals of the City.

The City may offer sponsorship opportunities from time-to-time and may offer a mutually agreeable exchange of benefits with the exception that no Naming rights of facilities or tangible items covered by capital campaigns result from sponsorships. With the approval of City Council, sponsorships may result in a named scholarship or program that is designed to last five or more years. For named scholarships or programs lasting fewer than five years, the process below may be followed without City Council approval.

Sponsorship Process
With the approval of the City Manager, City staff may enter into customized, written sponsorships agreements with willing sponsors and provide sponsors with a level of benefit that is commensurate with their contribution. Types of sponsor benefits may include but are not limited to:
 Publicity including the display of a sponsor’s logo through City publications, the website, newsletters, flyers, brochures, and/or media releases.
 Marketing opportunities at special events or program sites.  Tangible benefits such as event admission or commemorative items such as plaques, a framed picture, or program or event shirts.
 Acknowledgement on printed materials such as recreation program.  Signage including the possibility of the inclusion of an individual's name or company name and logo on a fixed site for the period of time detailed in the sponsorship agreement. The following limitations apply to signage:
• Allowed signage and recognition display details, including type, location, size, design, content and duration of display is at the sole discretion of the City and will be a component of the sponsorship agreement.
• Words or characters likely to interfere with or mislead pedestrian or vehicular traffic, i.e. “stop,” “drive,” “danger” are prohibited.
• Reference or depiction of any obscene act, gesture or word is prohibited. • Depictions of the use of drugs or alcohol are prohibited. • Decision for signage placement will be performed with input from the relevant program/facility manager.

Sponsorship Criteria
 The City reserves the right to reject or terminate sponsorship agreements if, upon review, acceptance or continuance of the sponsorship is determined not to be in the best interest of the City or if the sponsor violates any terms of the agreement.  Sponsorship agreements will be for a defined period of time.

Attachment 1 Page 5 of 6 Packet Page 161 of 178

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 The City shall not be obligated to continue a program, event or scholarship beyond the parameters of any written agreement.
 Recognition of a sponsor shall not suggest in any way the endorsement of the sponsor's goods or services.
 Sponsorships shall not be made conditional based on the agency’s performance.  Individual sponsors will not limit agency’s ability to seek other sponsors unless mutually agreed upon by both the City and the sponsor.
 Sponsors are prohibited from unauthorized use of the City’s name or brand.  Sponsorships will not be accepted from:
• Companies that substantially derive their income from the sale of tobacco products, cannabis products, pornography or other “adult” businesses, gambling or firearms • Companies that substantially derive their income from the sale of alcohol when the sponsorship is primarily for programs, events, or other similar settings or occasions where the target audience is youth
• Any entity that will create a conflict of interest with the City • Any religious or political organization
• A business or other entity involved in a lawsuit/litigation with the agency • A business or other entity engaged in any stage of negotiation with the city for any purpose other than that for a sponsorship or capital campaign process POLICY STATEMENT – CAPITAL CAMPAIGNS
It is the policy of the City to provide a process for capital campaigns.

The City may conduct capital campaigns from time-to-time to raise funds for city facilities as defined in the Naming portion of this policy or for tangible objects within cities facilities such as furniture, fixtures, appliances, scoreboards, playground equipment, and the like.

Capital campaigns or portions of capital campaigns that will result in the naming of new facilities as defined in the Naming portion of this policy, portions of those new facilities such as definable spaces or rooms, or additions to facilities such as a new “wing” of a building, shall follow the Naming portion of this Policy at the conclusion of the capital campaign.

Capital campaigns or portions of capital campaigns that will result in the acquisition of tangible objects for City facilities will be designed and managed at staff level in accordance with all other State laws and City policies. Contributions may be accepted in accordance with all other components of this policy including, but not limited to, limitations on allowed contributors and recognition of contributors.

The City reserves the right to reject or return funds offered during capital campaigns if, upon review, acceptance of the donation is determined not to be in the best interest of the City.

Attachment 1 Page 6 of 6 Packet Page 162 of 178

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Commemorative Dedication and Name
Application for City Facilities
Refer to the City of Fairfield’s “Policy for Naming City Facilities, Donations, Sponsorships, and Capital Campaigns”
Applicant Information
Name: ______________________________________________________________________ Address: ______________________________________________________________________ Phone: ______________________________________________________________________ Email: ______________________________________________________________________ Proposed Name of Street / Facility: ________________________________________________ ______________________________________________________________________________ Location / Property Description of Street / Facility: ___________________________________ ______________________________________________________________________________ Classification of Proposed Name (check all that apply):

Historical Significance to Location (e.g. historical event, landmark, person, or group of major significance to region/location)
Commonly Recognized by Neighbors / Residents
Compliments the Theme of the Location, Neighborhood or Surrounding Area Natural Phenomena of Site (e.g. rivers, creeks, terrain, mountains, etc.) Horticultural (e.g. trees, plants, flowers or other horticultural features of area) Deceased Individual (deceased for at least 2 years & has long standing affiliation with City of 10 years or more) Living Individual (individual must be associated with a capital campaign) Group or Organization (requires long-standing affiliation with City of 10 years or more) Donation or Sponsorship
Other: _____________________________________________________________________________________ For recommendation of an individual, please indicate individual’s long-standing affiliation with Fairfield (10 years or more) of significant community service, involvement or contributions. Specifically indicate how this person has: (a) enhanced the quality of life/well-being of Fairfield’s residents; (b) Contributed to the preservation of Fairfield’s history and culture; (c) Made exemplary or meritorious contributions to Fairfield or its residents; or (d) Contributed to the acquisition, development of conveyance of land, buildings, structures or other amenities to the Fairfield community (if more room is needed, please attach separate sheet):
2025 Application
Robbieburr Berger Park,
, park or building.

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Supporting Documentation (required for recommendation of an individual’s name) I have included the following documentation to demonstrate broad-based community support for my recommendation:

Letters
Character References
Newspaper or journal articles
Petitions
Other Documentation: ________________________________________________________________________ The following conditions will apply to all Commemorative Dedication and Name Applications:

All applications submitted to the City of Fairfield for the purpose of naming a new City facility or street must be filled out completely and accurately with supporting documentation in accordance with and as required by the City of Fairfield’s Policy for Naming, Dedication and Sponsorship of City Facilities and Acceptance of Donations (hereinafter the “Policy”). The Policy is available on the City of Fairfield’s website, under the City Manager’s Office page, and/or hard copies may be requested from the City Manager’s Office.

The naming of a City facility will be considered only through this application process.

Incomplete, illegible and/or fraudulent applications will not be considered. The City of Fairfield reserves the right to verify the identity of the Applicant submitting this application to ensure its validity.

The Fairfield City Council will have the final decision as to the naming of a park or recreation facility and reserves the right to reject any and all proposed names and/or applications submitted for consideration.

Signature of Applicant: ____________________________________ Date: ________________ Return completed applications to:

City of Fairfield
City Manager’s Office
1000 Webster Street, 4th Floor
Fairfield, CA 94533
[email protected]
Approved by Honors Committee 5/21/25

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City Council Meeting Minutes April 20, 2021 Page 1
A

CITY OF FAIRFIELD

CITY COUNCIL

REGULAR CONCURRENT MEETING
C TUESDAY, APRIL 20, 2021; 6: 00 PM

VIA TELECONFERENCE

MINUTES

CALL TO ORDER
Mayor Harry T. Price called the meeting to order at 6: 17 p. m.

ROLL CALL
On roll call were Councilmembers Pam Bertani, Catherine Moy, Doriss Panduro, Chuck Timm, and Scott Tonnesen; Vice- Mayor Rick Vaccaro, and Mayor Price.

INVOCATION
Worship Pastor Jeff Hood of First Baptist Church gave an invocation.

PLEDGE OF ALLEGIANCE
Councilmember Moy led the Pledge of Allegiance.

COUNCIL REPORTS
Vice- Mayor Vaccaro stated he believed the verdict in the State of Minnesota vs. Police Officer Derek Chauvin for the murder of George Floyd was a historic decision and that the guilty verdict on all three counts was a just verdict. He stated, " Justice was served today." Councilmember Bertani stated she watched the trial " gavel to gavel" and, in her opinion, the star witness was the videotape of Derek Chauvin with his knee on George Floyd' s neck for more than nine minutes.

Councilmember Moy stated she was very pleased with the verdict and spoke about the history of slavery in the United States and around the world.

Councilmember Panduro stated a quote from Floyd Family Defense Attorney Benjamin Crump, who said after the verdict was read, " We need to lean into the moment to make it a more just America." She said that the decision was monumental and hopes we can continue to move forward.

Councilmember Timm stated that the jury system worked in this case and that he agreed with hiscolleagues' comments.

Councilmember Tonnesen had nothing to report.

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Mayor Price stated he agreed with his colleagues. He commented," It' s easy to tear down, it' s challenging to rebuild." He said we have a lot of rebuilding to do.

CITY MANAGER REPORT
City Manager Stefan Chatwin reported that since Solano County is still not in the Orange Tier with regards to COVID- 19, he and staff recommend continuing Council meetings via Zoom and not in person until it is safe to do so. He stated he is monitoring the situation closely and will continue to keep everyone informed. He spoke about Fairfield Forward 2050, the General Plan update and the public meeting process. He said staff will hold at least twenty public meetings in the next year and a half and that there will be lots of community outreach and that the goal is to make these meetings inclusive and transparent. .

CITY ATTORNEY REPORT
City Attorney Greg Stepanicich stated there was no reportable action taken during closed session.

CITY CLERK REPORT
City Clerk Karen Rees thanked Fairfield Cannabis Collective for adopting Alaska Avenue as part of the AAS program. She also thanked all Adopt- A Street and Adopt- A- Parks groups, who are holding cleanups this month as part of Earth Day and Clean Up Solano! She reported that the Food Bank of Solano& Contra Costa Counties always needs volunteers and that there are Saturday shifts available at their new location at 2370 N. Watney Drive.

PRESENTATIONS

1. Vice- Mayor Vaccaro read a proclamation declaring April as Fair Housing Month.

2. Volunteer Program Coordinator Karen Rees read a proclamation for National Volunteer Appreciation Week.

PUBLIC COMMENTS
Joe Green Heffernan spoke about the General Plan Advisory Committee.

Edward Russell spoke about racism.

Marilyn Farley and Duane Kromm spoke about the need to have public General Plan Update meetings.

Kam Holzendorf spoke about a community clean- up day in Fairfield.

Jack Batson spoke about potential conflicts of interest on General Plan Advisory Committee.

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City Council Meeting Minutes April 20, 2021 Page 3
Raymond Courtemanche spoke about the cannabis retail permits.

Convened meeting of the Paradise Valley Maintenance and Monitoring District at 6: 59 p. m.

NEW BUSINESS

3. Assistant Public Works Director Ryan Panganiban recommended to Council that it approve the Resolution PVMMD2021- 01 of the Paradise Valley Maintenance and Monitoring District Authorizing the District Manager to Execute a Professional Services Agreement with Cal Engineering & Geology for On- Call Geologic and Geotechnical Engineering Consultation Services; and
Resolution PVMMD2021- 02 of the Paradise Valley Maintenance and Monitoring District Authorizing the District Manager to Execute a Professional Services Agreement with Cal Engineering& Geology for Review and Evaluation of Plan of Control, Engineer' s Report, and Reserve Study
Member Timm made a motion to approve PVMMD- 2021- 01 and PVMMD- 2021012. Member Bertani seconded the motion. By a roll call vote, the motion carried unanimously.

Reconvened meeting of the City Council at 7: 09 p. m.

CONSENT CALENDAR
All matters listed on the Consent Calendar are to be approved with one motion unless a member ofthe Council or the public requests that separate action be taken on a specific item.

4. Heart of Fairfield Plan Implementation Update

5. Heart of Fairfield - Resolution 2021- 69 of the City Council of the City of Fairfield Approving the Plans and Specifications and Awarding a Contract to Kerex Engineering Inc., for the Heart of Fairfield Bollard Project

6. Resolution 2021-70 of the City Council of the City of Fairfield to Suspend Competitive Biddingand Authorize the City Manager to Purchase a Replacement Backhoe Loader

7. Resolution 2021- 71 of the City Council of the City of Fairfield to Suspend Competitive Bidding and Authorize the City Manager to Purchase a Replacement Combination Sewer and Storm Drain Cleaner Truck

8. Resolution 2021- 72 of the City Council of the City of Fairfield Approving the Plans and Specifications, and Awarding a Contract to Legion Contractors, Inc. for the Rancho Solano and Paradise Valley Clubhouses Flooring and Painting Improvements Project and Updating the Fiscal Year 2020/ 2021 Budget

9. Resolution 2021- 73 of the City Council of the City of Fairfield Authorizing Staff to Enter

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City Council Meeting Minutes April 20, 2021 Page 4
into SideLetter Agreements Amending the Memoranda of Understanding for all Employee Associations to Extend the Expiration Date from June 30, 2021 to June 30, 2022

10. Resolution 2021- 74 of the City Council of the City of Fairfield Authorizing a Side Letter Agreement between the City and the Fairfield Employees' Association( FEA) to Amend Section 9 ( Uniform Allowance/ Boot Reimbursement) of the Memorandum of Understanding to Increase the Uniform Allowance or Fire Inspector and Fire Plans Examiner Positions

11. Resolution 2021- 75 of the City Council of the City of Fairfield Accepting the Green Valley RoadBay Area Ridge Trail Crossing Project as Complete

12. Resolution 2021- 76 of the City Council of the City of Fairfield Approving the Purchase and Sale Agreement and Joint Escrow Instructions between the City of Fairfield and Fairfield- Suisun Sewer District for the Sale of the Property Located Off of Cordelia Road in Fairfield, CA More Commonly Known as APN 0046- 010- 440

13. Second Reading and Adoption of Ordinance 2021- 06 of the City Council of the City of Fairfield Amending Article V of Chapter 2 of the Fairfield Municipal Code to Establish an Attendance Standard for the Planning Commission
Vice- Mayor Vaccaro made a motion to approve the Consent Calendar as presented.

Councilmember Timm seconded the motion. By a roll call vote, the motion carried unanimously.

NEW BUSINESS

14. Director of Finance Emily Combs recommended to Council that it approve Resolution 2021- 77 of the City Council of the City of Fairfield Approving the City' s Fiscal Year 2019- 20 Comprehensive Annual Financial Report and the Federal Grants Awards Report.

Councilmember Moy made a motion to approve Resolution 2021- 77. Councilmember Bertani seconded the motion. By a roll call vote, the motion carried unanimously.

15. City Manager Chatwin recommended to Council that it approve Resolution 2021-78 of the City Council of the City of Fairfield Denouncing Hate Crimes and Violence Against All Persons and Reaffirming the City of Fairfield' s Commitment to Ensure All Members of the Fairfield Community Feel Safe and Welcome in the City.

Councilmember Bertani read the resolution and stated it was an honor to do so.

Kam Holzendorf spoke on item 15.

Vice Mayor Vaccaro made a motion to approve Resolution 2021- 78. Councilmember Bertani seconded the motion. By a roll call vote, the motion carried unanimously.

16. Assistant City Manager Gassaway recommended to Council that it approve Resolution 2021- 79 of the City Council of the City of Fairfield Modifying the Number of

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Commercial Cannabis Business Permits that may be Issued to Retailers in the City; and Resolution 2021- 80 of the City Council of the City of Fairfield Supplementing the Procedures and Guidelines for the City Council' s Consideration of Commercial Cannabis Business Permit Applications and the Issuance of Retailer Permits
Kam Holzendorf, Raymond Courtemanche, and Faye Wilson spoke on item 16.

Councilmember Moy made a motion to approve Resolution 2021- 79, allowing up to three ( 3) cannabis retail permits. Councilmember Bertani seconded the motion. By a roll call vote, the motion failed 3- 4 with Councilmembers Timm and Tonnesen, Vice Mayor Vaccaro, and Mayor Price voting no.

Councilmember Tonnesen made a motion to approve Resolution 2021- 79, with an option of up to four( 4) permits allowed. Councilmember Timm seconded the motion. By a roll call vote, the motion carried unanimously.

Councilmember Timm made a motion to approve Resolution 2021- 80, with the no- ranking system option. Mayor Price seconded the motion. By a roll call vote, the motion carried unanimously.

17. Community Development Management Analyst Jonathan Luong presented the Art in Public Spaces Pilot Project.

Kam Holzendorf spoke on item 17.

Councilmember Tonnesen made a motion to approve the Art in Public Spaces Pilot Project.

Councilmember Panduro seconded the motion. By a roll call vote, the motion passed 6- 1, with Councilmember Bertani voting no.

18. City Manager Chatwin opened the discussion and asked for direction from the City Council of the City of Fairfield to Honor Past Councilrrembers Robbieburr Berger, Karin MacMillan, and Joy Pettygrove. He stated the official process for naming streets or buildings requires that those streets or facilities open within 60 days of the naming. Therefore, the naming process would need to be for a future development or building.

George Kennedy spoke on item 18 and stated that Laurel Creek ball fields were named after Joy Pettygrove.

19. City Manager Chatwin opened the discussion and asked for direction from the City Council of the City of Fairfield to Amend City Code relating to the Compensation of Councilmembers and Mayor. Staff prepared three options for discussion and direction.

Option 1: Increase salary to comply with California Government Code. Title 4, section 36516. 2D* from$ 500/ month to$ 600/ month ( based on population).

Option 2: Increase salary to comply with California Government Code, Title 4, section

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City Council Meeting Minutes April 20, 2021 Page 6
36514. 41) and 36516. 4** from $500/ month to$ 600/ month ( based on population) and a 5% increase for each calendar year from the operative date of the last adjustment of salary (32 years). This increase would equate to$ 1, 300/ month ($500/ month+ 5%* 32 years= 160%).

Option 3:

Increase salary by 2. 5%- 32 years ( lower than what is allowed in the California Government Code) increasing salary from$ 500/ month to$ 900/ month.

Ana Petero and Kam Holzendorf spoke in opposition to a compensation increase for Council.

City Attorney Stepanicich stated the Council vote would be to direct staff to bring this item back to Council on May 4, 2021 for the first reading of the ordinance.

After a lengthy discussion, Councilmember Moy made a motion for staff to prepare an ordinance, selecting Option 2, to the May 4, 2021, Council meeting for the first reading.

Councilmember Tonnesen seconded the motion. By a roll call vote, the motion carried 5- 2, with Councilmember Bertani and Vice! Mayor Vaccaro voting no.

THE MEETING WAS ADJOURNED AT 9: 42 P. M. TO TUESDAY, MAY 4, 2021, 6: 00 P. M., VIA TELECONFERENCE.

Ci Clerk
i Sp
Mayor

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2021 Application

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Agenda Item No: P.10

AGENDA REPORT
DATE: June 17, 2025
TO: Mayor and Council
FROM: David Gassaway, City Manager
SUBJECT: Resolution 2025-117 CM Budget Adjustment for Legal Services Approving Supplemental Appropriation for Legal Services for Fiscal Year 2024-2025 and Authorizing an Update to the Fiscal Year 2024-2025 Budget Funding Source: $100,000; General Fund
Contact: David Gassaway, (707) 428-7400

RECOMMENDED ACTION
Adopt resolution.

STATEMENT OF ISSUE
The City Manager’s Office (CMO) pays for city-wide legal fees provided by Richards, Watson & Gershon (RWG), which are billed as a monthly retainer, and for additional specialized legal services, or additional charges, above the retainer. Due to an increase in legal services for fiscal year (FY) 2024-2025 for cannabis permitting and the Solano Orderly Growth appeal, additional funds need to be added to the CMO budget to pay for legal services. Adoption of the proposed resolution amends and updates the FY 2024-2025 budget for CMO legal fees by the amount of $100,000.

DISCUSSION
At the beginning of FY 2024-2025, $997,380 was allocated in the CMO budget to pay for legal services provided by RWG. These funds were allocated as $68,115 per month for the monthly retainer and $15,000 per month for specialized/additional legal services, for a total amount of $83,115 per month, or $997,380 for FY 2024-2025.

Due to several significant matters requiring continued legal consultation for cannabis permitting and the Solano Orderly Growth appeal, total legal services for FY 2024-2025 have exceeded CMO budget and are estimated to be $1,097,380. This is $100,000 over the CMO’s legal fees budget, and a budget update is needed to pay for these additional services.

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FINANCIAL IMPACT
The total cost for the additional legal services for FY 2024-2035 is $100,000. This exceeds the approved FY 2024-2025 budget and requires a budget adjustment to increase appropriations to the General Fund for CMO.

PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
N/A

ALTERNATIVE ACTION
The council may choose not to approve this resolution, which would require staff to seek additional funding in other areas to pay for these services.

COORDINATED WITH
N/A

STAFF CONTACT
David Gassaway, City Manager
(707) 428-7401
[email protected]

ATTACHMENTS
Attachment 2: Proposed Resolution

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CITY OF FAIRFIELD
RESOLUTION NO. 2025-117
APPROVING SUPPLEMENTAL APPROPRIATION FOR LEGAL SERVICES FOR FISCAL YEAR 2024- 2025 AND AUTHORIZING AN UPDATE TO THE FISCAL YEAR 2024-2025 BUDGET WHEREAS, the legal firm of Richards, Watson & Gershon provides legal services for the City of Fairfield; and
WHEREAS, due to an increase in legal services for fiscal year (FY) 2024-2025, additional funds in the amount of $100,000 need to be added to the City Manager’s Office budget; and WHEREAS, the revised appropriation constitutes an update to the FY 2024-2025 Budget approved pursuant to Resolution No. 2024-133.

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

Section 1. The council hereby approves an increase in appropriations and update to FY 2024- 2025 budget in the amount of $100,000 to the General Fund for the City Manager’s Office (Org 10110201) for additional legal services incurred in FY 2024-2025.

PASSED AND ADOPTED this 17th day of June 2025, by the following vote:

CITY CLERK

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Agenda Item No: P.11

AGENDA REPORT
DATE: June 17, 2025
TO: Mayor and Council
FROM: David Gassaway, City Manager
SUBJECT: Ordinance 2025-04 FD Fire Hazard Severity Zones Adding Chapter 8B Fairfield Fire Hazard Severity Zones Recommended by the California State Fire Marshal
Funding Source: N/A
Contact: Steven Conti, (707) 428-7550

RECOMMENDED ACTION
Provide second reading and adopt Ordinance 2025-04.

STATEMENT OF ISSUE
The California hazard maps are being updated to more accurately reflect zones susceptible to wildfire. New science in local climate data and improved fire assessment modeling are being incorporated to determine hazard ratings.

DISCUSSION
Government Code Section 51178 requires the California State Fire Marshal to identify and recommend areas within the state as Moderate, High, or Very High Fire Hazard Severity Zones based on consistent statewide criteria and the severity hazard expected to prevail in those areas.

On February 24, 2025, the City of Fairfield received the 2025 Fire Hazard Severity Zone (FHSZ) Map from the State Fire Marshal, identifying designated zones within the city’s jurisdiction.

Pursuant to California Government Code Section 51179(b)(3), the City is prohibited from decreasing the level of fire hazard severity zone identified by the State Fire Marshal for any area within Fairfield, and this adoption is consistent with the model ordinance issued by the State Fire Marshal.

The factors considered in determining fire hazard within wildland areas are fire history, flame length, terrain, local weather, and potential fuel over a 50-year period. Outside of wildlands, the model considers factors that might lead to buildings being threatened, including terrain, weather,

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urban vegetation cover, blowing embers, proximity to wildland, fire history, and fire hazard in nearby wildlands. This is not a structure loss model, as key information regarding structure ignition is not included. The purpose of the Fire Hazard Severity Zone map is to assist the city of Fairfield, property owners, and the community in understanding areas of elevated fire risk. The designations help guide defensible space requirements, building standards, fire mitigation strategies, and public awareness efforts.

FINANCIAL IMPACT
N/A

PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
Pursuant to California Government Code Section 51178.5, the City of Fairfield made the draft updated hazard zone recommendations available for public review and comment within 30 days of receiving them.

Ordinance 2025-04 was introduced at a regular meeting of the City Council of the City of Fairfield on June 3, 2025.

ALTERNATIVE ACTION
Pursuant to Government Code Section 51179, local agencies are required to adopt the fire hazard severity zone designations within 120 days of receiving the recommendations from the State Fire Marshal.

COORDINATED WITH
City Attorney’s Office

STAFF CONTACT
Taylor Armour, Administration Division Manager
(707) 428-7593
[email protected]

ATTACHMENTS
Attachment 2: Proposed Ordinance
Attachment 3: Exhibit A – Fire Hazard Severity Zones Map Attachment 4: Exhibit B – Fire Hazard Severity Zones FAQ

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CITY OF FAIRFIELD
ORDINANCE NO. 2025-04
ADDING CHAPTER 8B FAIRFIELD FIRE HAZARD SEVERITY ZONES RECOMMENDED BY

THE CALIFORNIA STATE FIRE MARSHAL
THE CITY COUNCIL OF THE CITY OF FAIRFIELD DOES ORDAIN AS FOLLOWS:

SECTION 1. Chapter 8B is hereby added to the Fairfield Municipal Code as follows:

Chapter 8B

FAIRFIELD FIRE HAZARD SEVERITY ZONES
Article I. Designation of Fire Hazard Severity Zones in the City of Fairfield 8B.1.1 Statutory Authorization and Designation of Fire Hazard Severity Zones. (a) The City Council designates the Fire Hazard Severity Zones as identified by the State Fire Marshal pursuant to Government Code Section 51178. The map, dated February 24, 2025, and approved by the City Council, is hereby incorporated by reference, and entitled “Fairfield Fire Hazard Severity Zones.” The official map is located at the main office of the Fairfield Fire Department, and also accessible electronically on the following website https://www.fairfield.ca.gov/government/city-departments/fire/lra-fire-severity-zonemap; SECTION 2: Severability. If any section, sub-section, subdivision, paragraph, clause or phrase in this Ordinance, or any part thereof, is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections or portions of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, sub-section, subdivision, paragraph, sentence, clause or phrase of this Ordinance, irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases may be declared invalid or unconstitutional
SECTION 3. This Ordinance shall be effective 30 days following its adoption by the City Council. A summary of this Ordinance shall, within 15 days after passage, be published in accordance with Section 36933 of the Government Code of the State of California with the names of the City Councilmembers voting for and against it.

SECTION 4. Pursuant to Government Code section 51179(c), the Fairfield Fire Marshal or his designated representative shall transmit a copy of this ordinance to the State Board of Forestry and Fire Protection within 30 days of adoption. Pursuant to Government Code section 51179(g), the Fairfield Fire Marshal or his designated representative shall post a notice at the county recorder, county assessor, and county planning agency identifying

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ORD. NO. 2025-04

Page 2 ends

the location of the map provided by the State Fire Marshal pursuant to Government Code section 51178. Finally, the Fairfield Fire Marshal and his designated representatives shall also do any other things required by local or State law to enact the provisions of this law.

INTRODUCED at a regular meeting of the City Council of the City of Fairfield on the 3 rd day
of June 2025, and
PASSED AND ADOPTED this 17th day of June 2025, by the following vote:

CITY CLERK

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City and County boundaries as of 10/22/24 (CA Board of Equalization) CAL FIRE State Responsibility Areas (SRA25_1)
CAL FIRE Fire Hazard Severity Zones (FHSZSRA23_3, FHSZLRA_25_1) Data Sources:

Daniel Berlant, State Fire Marshal, CA Department of Forestry and Fire Protection Joe Tyler, Director/Fire Chief, CA Department of Forestry and Fire Protection Wade Crowfoot, Secretary for Natural Resources, CA Natural Resources Agency The State of California and the Department of Forestry and Fire Gavin Newsom, Governor, State of California Protection make no representations or warranties regarding the accuracy of data or maps. Neither the State nor the Department shall be liable under any circumstances for any direct, special, incidental, or consequential damages with respect to any claim by any user or third party on account of, or arising from, the use of data or maps. and other relevant factors including areas where winds
have been identified by the Office of the State Fire Marshal as a major cause of wildfire spread.
statewide criteria and based on the severity of fire hazard that is expected to prevail in those areas. Moderate, high, and very high fire hazard severity zones shall be based on fuel loading, slope, fire weather, Government Code section 51178 requires the State Fire
Marshal to identify areas in the state as moderate, high, and very high fire hazard severity zones based on consistent Waterbody
Federal Responsibility
Area (FRA)
Unzoned LRA
Incorporated City
Projection: NAD 83 California Teale Albers
Scale: 1:108,000 at 11" x 17"
Km 0 1 2 3 4 5 6 7 8
Mi 0 1 2 3 4 5
Very High High Moderate
Fire Hazard Severity Zones in State Responsibility Area (SRA), Effective April 1, 2024
Very High High Moderate
Fire Hazard Severity Zones (FHSZ) in Local Responsibility Area (LRA), as Identified by the State Fire Marshal
Fairfield
80 680

UNINCORPORATED
NAPA CO.

UNINCORPORATED
SOLANO CO.

UNINCORPORATED
SOLANO CO.
12 SUISUN CITY

VACAVILLE

VALLEJO
N A P A C O .

S O L A N O C O .

February 24, 2025
As Identified by the
State Fire Marshal
Local Responsibility Area
Fire Hazard Severity Zones
CITY OF FAIRFIELD – SOLANO COUNTY Exhibit A

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Exhibit B

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FHSZ Frequently Asked Questions
What do Fire Hazard Severity Zones measure?
The Fire Hazard Severity Zone map reflects “hazard,” not “risk”. The map is like flood zone maps, where lands are described in terms of the probability level of a par琀椀cular area being inundated by floodwaters, and not specifically prescrip琀椀ve of impacts. “Hazard” is based on the physical condi琀椀ons that create a likelihood and expected fire behavior over a 30 to 50-year period without considering mi琀椀ga琀椀on measures such as home hardening, recent wildfire, or fuel reduc琀椀on efforts.
“Risk” is the poten琀椀al damage a fire can do to the area under exis琀椀ng condi琀椀ons, accoun琀椀ng for any modifica琀椀ons such as fuel reduc琀椀on projects, defensible space, and igni琀椀on resistant building construc琀椀on.

What is a Fire Hazard Severity Zone or FHSZ?
Public Resource Code 4202; The State Fire Marshal shall classify lands within State Responsibility Areas into Fire Hazard Severity Zones. Each zone shall embrace rela琀椀vely homogeneous lands and shall be based on fuel loading, slope, fire weather, and other relevant factors present, including areas where winds have been iden琀椀fied by the department as a major cause of wildfire spread.

Government Code 51178; The State Fire Marshal shall iden琀椀fy areas in the state as Moderate, High, and Very High Fire Hazard Severity Zones based on consistent statewide criteria and based on the severity of fire hazard that is expected to prevail in those areas. Moderate, High, and Very High Fire Hazard Severity Zones shall be based on fuel loading, slope, fire weather, and other relevant factors including areas where winds have been iden琀椀fied by the Office of the State Fire Marshal as a major cause of wildfire spread.

Will the new Fire Hazard Severity Zones affect my ability to get or maintain insurance? Insurance companies use risk models, which differ from hazard models, because they consider the suscep琀椀bility of a structure to damage from fire and other short-term factors that are not included in hazard modeling. It is unlikely that insurance risk models would u琀椀lize CAL FIRE Fire Hazard Severity Zones as a factor, but much of the same data that is used in the Fire Hazard Severity Zone model are likely included in the insurance companies’ risk models. However, insurance risk models incorporate many addi琀椀onal factors and that change more frequently than those that CAL FIRE includes in its hazard mapping, which is built to remain steady for the next 10+ years.

General

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FHSZ Frequently Asked Questions
When were the maps last updated?
In 2007, CAL FIRE updated the FHSZs for the en琀椀re State Responsibility Area (SRA). Between 2008- 2011 the department worked with local governments to make recommenda琀椀ons of the Very High Fire Hazard Severity Zones within Local Responsibility Area (LRA).

Why are fire hazard severity maps being updated?
The hazard maps are being updated to more accurately reflect the zones in California that are suscep琀椀ble to wildfire. The hazard mapping process will incorporate new science in local climate data and improved fire assessment modeling in determining hazard ra琀椀ngs.

Where do Fire Hazard Severity Zones apply?
Fire Hazard Severity Zones are found in areas where the state has financial responsibility for wildfire protec琀椀on and preven琀椀on, called the State Responsibility Area. More than 31 million acres are in this area. Under Senate Bill 63 (Stern, 2021) Government Code 51178 was amended to also iden琀椀fy the Moderate and High Fire Hazard Severity Zones with the Very High in Local Responsibility Area (LRA).

What are the uses of Fire Hazard Severity Zones?
The zones are used for several purposes including to designate areas where California’s defensible space standards and wildland urban interface building codes are required. They can be a factor in real estate disclosure, and local governments may consider them in their general plan.

What are the key elements of the Fire Hazard Severity Zone model? The fire hazard severity model for wildland fire has two key elements: probability of an area burning and expected fire behavior under extreme fuel and weather condi琀椀ons. The zones reflect areas that have similar burn probabili琀椀es and fire behavior characteris琀椀cs. The factors considered in determining fire hazard within wildland areas are fire history, flame length, terrain, local weather, and poten琀椀al fuel over a 50-year period. Outside of wildlands, the model considers factors that might lead to buildings being threatened, including terrain, weather, urban vegeta琀椀on cover, blowing embers, proximity to wildland, fire history, and fire hazard in nearby wildlands.

FHSZs are not a structure loss model, as key informa琀椀on regarding structure igni琀椀on (such as roof type, etc.) is not included.

General

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FHSZ Frequently Asked Questions
How do the Fire Hazard Severity Zone Maps differ from California Public U琀椀li琀椀es Commission (CPUC) High Fire Threat District Maps?
The California Public U琀椀li琀椀es Commission (CPUC) sponsored map, known as "CPUC High Fire Threat District Map” (HFTD), includes similar factors as those in the FHSZ maps, however the CPUC HFTD Map is designed specifically for iden琀椀fying areas where there is an increased risk for u琀椀lity associated wildfires. As such, the CPUC map includes fire hazards associated with historical powerline-caused wildfires, current fuel condi琀椀ons, and scores areas based on where fires start, as opposed to where poten琀椀al fires may cause impacts.

Why is my property in a different zone than the adjacent area, which looks similar? In wildland areas, zone edges are a result of the way zones are delineated. Specifically, zones represent areas of similar slope and fuel poten琀椀al. Zone boundaries divide zones based on geographic and vegeta琀椀on features that align with fire hazard poten琀椀al; although, at a local scale, it may appear that the immediate area is similar on both sides of the edge. The class value within a zone is based on the average hazard score across the whole zone, so areas that are in the same zone but not immediately adjacent to a local area can have an influence on the final zone classifica琀椀on. Classifica琀椀on outside of wildland areas is based on the fire hazard of the adjacent wildland and the probability of flames and embers threatening buildings.

How are Fire Hazard Severity Zones determined?
CAL FIRE used the best available science and data to develop, and field test a model that served as the basis of zone assignments. The model evaluated the probability of the area burning and poten琀椀al fire behavior in the area. Many factors were included such as fire history, vegeta琀椀on, flame length, blowing embers, proximity to wildland, terrain, and weather.

What new data will be included in the new model, and how does this differ from the previous model?
A 2 km grid of climate data covering the years 2003-2018 is being used in the update. The previous model used stock weather inputs across the state to calculate wildland fire intensity scores. The updated model will adjust fire intensity scores based on the most extreme fire weather at a given loca琀椀on, considering temperature, humidity, and wind speed. In addi琀椀on, ember transport is being modeled based on local distribu琀椀ons of observed wind speed and direc琀椀on values instead of using a generic buffer distance for urban areas adjacent to wildlands.

General

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FHSZ Frequently Asked Questions
How can I search the Fire Hazard Severity Zone of a property? You can search by address to find your current designa琀椀on on the web at: osfm.fire.ca.gov/FHSZ Why does the model place an emphasis on the spread of embers? Embers spread wildfire because they can travel long distances in the wind and ignite vegeta琀椀on, roofs, a琀cs (by ge琀ng into vents), and decks.

Why do waterbodies have a Fire Hazard Severity Zone Classifica琀椀on? All areas in State Responsibility Area, including water bodies, require a Fire Hazard Severity Zone designa琀椀on. The 2007 FHSZ maps zoned all water as Moderate by default. In the 2023 FHSZ model we added a buffer of FHSZ from the surrounding wildland into water bodies to account for poten琀椀al threat of embers to buildings on docks and house boats, as well as varia琀椀on in reservoir height that occurs with drought.

How does CAL FIRE assist Local Governments in Fire Hazard Severity Zones? CAL FIRE’s Land Use Planning Program is a specialized unit that provides support to local governments by providing fire safety exper琀椀se on the State’s wildland urban interface building codes, wildfire safety codes, as well as helping in the development of the safety elements in general plans.

General

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FHSZ Frequently Asked Questions
What is State Responsibility Area or SRA?
SRA is a legal term defining the area where the state has financial responsibility for wildland fire protec琀椀on and preven琀椀on. Incorporated ci琀椀es and federal ownership are not included. Within the SRA, CAL FIRE is responsible for fire preven琀椀on and suppression. There are more than 31 million acres in SRA, with an es琀椀mated 1.7 million people and 800,000 exis琀椀ng homes.

How is State Responsibility Area determined?
The Board of Forestry and Fire Protec琀椀on (Board) classifies land as State Responsibility Area. The legal defini琀椀on of SRA is found in the Public Resources Code Sec琀椀on 4125. The Board has developed detailed procedures to classify lands as State Responsibility Area. Lands are removed from SRA when they become incorporated by a city, change in ownership to the federal government, become more densely populated, or are converted to intensive agriculture that minimizes the risk of wildfire. While some lands are removed from SRA automa琀椀cally, the Board typically reviews changes every five years.

What Fire Hazard Severity Zones are in State Responsibility Area? All of the State Responsibility Area is in a Fire Hazard Severity Zone. Lands are either ranked as Moderate, High or Very High Fire Hazard Severity Zones.

What are the wildland urban interface (WUI) building codes in State Responsibility Area? The WUI building codes (California Building Code (CBC) Chapter 7A) reduce the risk of embers fanned by wind-blown wildfires from igni琀椀ng buildings. The codes for roofing, siding, decking, windows, and vents apply throughout all State Responsibility Area regardless of the fire hazard severity ranking. Ember-resistant building materials can be found at:
h琀琀ps://osfm.fire.ca.gov/divisions/fire-engineering-and-inves琀椀ga琀椀ons/building-materials-lis琀椀ng/ State Responsibility Area

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FHSZ Frequently Asked Questions
What is the difference between the various Fire Hazard Severity Zones? Classifica琀椀on of a wildland zone as Moderate, High or Very High Fire Hazard is based on the average hazard across the area included in the zone, which have a minimum size of 200 acres. In wildlands, hazard is a func琀椀on of modeled flame length under the worst condi琀椀ons and annual burn probability. Both these factors generally increase with increasing hazard level, but there may be instances where one value is Very High and the other is low, pushing the overall hazard into a more intermediate ranking. On average, both modeled flame length and burn probability increase by roughly 40-60% between hazard classes.

Is the GIS data for Fire Hazard Severity Zones available for download? The data inputs used to develop the Fire Hazard Severity Zones are iden琀椀fied in the Ini琀椀al Statement of Reasons (ISOR) Title 19 Development (ca.gov). CAL FIRE has developed an addi琀椀onal data package which consists of sequen琀椀al modeling steps, including any data inputs that were not already publicly available and referenced in the ISOR. The data package encompasses 34 spa琀椀al datasets and 8 tables, provided in raster, polygon, and table format. These datasets are forma琀琀ed for Esri ArcGIS so昀琀ware, except for four tables provided in Excel. Ten of the datasets are updated versions used to produce an edited SRA FHSZ map following the public comment period that ended April 4, 2023. Upon formal adop琀椀on of the FHSZ map, the final SRA FHSZ geospa琀椀al data file will become available. The data package is available on the FHSZ website Fire Hazard Severity Zones (ca.gov) under the science and methods banner.

State Responsibility Area

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FHSZ Frequently Asked Questions
What is Local Responsibility Area or LRA?
Local Responsibility Areas (LRA) are incorporated ci琀椀es, urban regions, agriculture lands, and por琀椀ons of the desert where the local government is responsible for wildfire protec琀椀on. This is typically provided by city fire departments, fire protec琀椀on districts, coun琀椀es, and by CAL FIRE under contract.

When did Fire Hazard Severity Zones begin in Local Responsibility Area? Assembly Bill 337 (Bates, 1992) prompted by the devasta琀椀ng Oakland Hills Fire of 1991, calls for CAL FIRE to evaluate fire hazard severity in Local Responsibility Area and to make a recommenda琀椀on to the local jurisdic琀椀on where Very High FHSZ exist. Government Code 51175 then provides direc琀椀on for the local jurisdic琀椀on to take appropriate ac琀椀on.

How are Fire Hazard Severity Zones determined in Local Responsibility Areas? CAL FIRE uses an extension of the State Responsibility Area Fire Hazard Severity Zone model as the basis for evalua琀椀ng fire hazard in Local Responsibility Area. The Local Responsibility Area hazard ra琀椀ng reflects flame and ember intrusion from adjacent wildlands and from flammable vegeta琀椀on in the urban area.

What are the requirements for landowners in Fire Hazard Severity Zones in Local Responsibility Areas?
California’s WUI building codes (CBC Chapter 7A) apply to the design and construc琀椀on of new buildings located in High and Very High FHSZs in Local Responsibility Areas. Local ordinances may require igni琀椀on resistant construc琀椀on for remodel projects. Check with your local building department to determine which igni琀椀on resistant building codes apply to your project. In addi琀椀on, Government Code Sec琀椀on 51182 calls for defensible space clearance and other wildland fire safety prac琀椀ces for buildings. Owners are also required to make a natural hazard disclosure as part of a real estate transfer. For informa琀椀on regarding home hardening and defensible space clearance, visit www.readyforwildfire.org.

Does the designa琀椀on of Very High Fire Hazard Severity Zones in the Local Responsibility Area trigger the 100-foot clearance requirement?
Yes, per Government Code 51182 unless a local government has passed a more stringent requirement, the 100-foot defensible space clearance applies. For informa琀椀on regarding home hardening and defensible space clearance, visit www.readyforwildfire.org.

Local Responsibility Area

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FHSZ Frequently Asked Questions
Why is my property in a different zone than the adjacent area, which looks similar? In non-wildland areas, zone edges occur based on distance to the wildland edge. Because hazard in these areas is largely determined by incoming embers from adjacent wildland, urban areas that are similar in vegeta琀椀on type and housing density may have a change in FHSZ class as the distance to the wildland edge increases. Areas immediately adjacent to wildland receive the same FHSZ score as that wildland where fire originates, and the model then produces lower scores as the distance to wildland edge increases.

What is the process for developing Fire Hazard Severity Zones in the Local Responsibility Area? CAL FIRE uses the same modeling data that is used to map the State Responsibility Area. The map, along with a model ordinance, are then sent to the governing body for adop琀椀on.

How are the new Fire Hazard Severity Zones impac琀椀ng development? Many of the changes expanding Fire Hazard Severity Zones in Local Responsibility Areas have been supported by the building industry. CAL FIRE works closely with the building industry when se琀ng various building codes and defensible space requirements, so we are working together to not affect development itself but to make sure development matches the hazards of that area.

When will the Local Responsibility Area Map be released? The Local Responsibility Area map process will happen a昀琀er the State Responsibility Area process has been completed, which is es琀椀mated to occur in winter of 2025.

Why haven’t Moderate and High Fire Hazard Severity Zone classes been classified before in the Local Responsibility Area?
New legisla琀椀on, Senate Bill 63 (Stern, 2021), now requires the adop琀椀on of all three Fire Hazard Severity Zone classes in the Local Responsibility Area. Previously only Very High Fire Hazard Severity Zones were required for adop琀椀on in Local Responsibility Areas.

Local Responsibility Area

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LRA Legislation Factsheet
Assembly Bill No.337
An act to add Chapter 6.8 (commencing with Section 51175) to Part 1 of Division 1 of Title 5 of the Government Code, and to amend Section 13108.5 of the Health and Safety Code, relating to fire protection.
[Enrolled, January 28, 1991]
AB 337, Bates. Very high fire hazard severity zones.
(1) Under existing law, the State Board of Forestry is required to classify all lands within the state, in accordance with prescribed criteria, for the purpose of determining areas in which the financial responsibility of preventing and suppressing fires is primarily the responsibility of the state.

This bill would declare that the prevention of fires is not a municipal affair but is instead, a matter of statewide concern, and would make a finding and declaration of the Legislature that its provisions apply to all local agencies, including, but not limited to, charter cities, charter counties, and charter cities and counties. The bill would prohibit that finding from limiting the authority of a local agency, as defined, from imposing more restrictive fire and panic safety requirements, as otherwise authorized by law.

The bill would state that it is not the intent of the Legislature to limit or restrict the authority of a local agency to impose more restrictive fire and panic safety requirements, as otherwise authorized by law.

This bill would require the Director of Forestry and Fire Protection to identify areas in the state as very high fire hazard severity zones within all counties pursuant to a prescribed schedule. The bill would require local agencies, as defined, to designate, by ordinance, very high fire hazard severity zones in their jurisdiction after receiving recommendations from the director, except as prescribed. The bill would authorize local agencies to include or exclude areas following certain findings and would require changes made by local agencies to be final and not rebuttable by the director. By requiring local agencies to designate very high fire hazard severity zones within their jurisdictions, this bill would impose a state-mandated local program. The bill would require the State Fire Marshal to prepare and adopt a model ordinance that provides for the establishment of any high fire hazard security zones.

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LRA Legislation Factsheet
Assembly Bill No.337 (Continued)
(2) Under existing law, any person who owns, leases, controls, operates, or maintains any building or structure in, upon, or adjoining any mountainous area or forest-covered lands, brush-covered lands, or grass-covered lands, or any land that is covered with flammable material, is required to undertake specified fire protection measures, including the maintenance of specified firebreaks.

The bill would enact requirements of this nature for any person who owns, leases, controls, operates, or maintains, any occupied dwelling or occupied structure in, upon, or adjoining any mountainous area, forest-covered land, brush-covered land, grass-covered land, or land covered with flammable material, which area or land is within a very high fire hazard severity zone, as described in (1).

The bill would authorize local agencies to exempt certain structures and would exempt certain land or water areas.

The bill would make violation of these requirements an infraction or misdemeanor, as specified, thereby imposing a state-mandated local program by creating a new crime, and would specify related matters.

This bill would require local agencies to notify owners of property of violation and would authorize local agencies to correct the conditions and make a lien upon the property, as prescribed. By creating these requirements, this bill would impose a state-mandated local program.

The bill would permit a violation of these requirements to be considered a public nuisance, as specified.
(3) Existing law requires the State Fire Marshal to adopt, amend, and repeal regulations for roof coverings and openings into the attic areas of buildings in those fire hazard severity zones in state responsibility lands as designated by the director. Existing law requires the director to classify lands within state responsibility areas into fire hazard severity zones.

This bill would instead require the State Fire Marshal to propose, and would require the State Building Standards Commission to adopt, amend, and repeal those regulations. The bill would also require the State Fire Marshal to propose, and would require the State Building Standards Commission to adopt, amend, and repeal, those regulations for buildings in very high fire hazard severity zones in state responsibility lands, designated by the director, and in very high fire hazard severity zones as described in (1). The bill would require roofs on all new buildings and certain existing buildings in both of those zones to be at least a class B roof that complies with Standard 32-7 of the Uniform Building Code, as adopted in the California Building Standards Code. The bill would impose requirements on installers and roofing materials and make other related changes. The bill would exempt historic buildings, as defined, from these provisions.

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LRA Legislation Factsheet
Senate Bill No.63
CHAPTER 382
An act to amend Sections 51177, 51178, 51178.5, 51182, and 51189 of the Government Code, to amend Section 13108.5 of the Health and Safety Code, and to amend Sections 4124.5 and 4291 of, and to add and repeal Sections 4123.8, 4291.5, and 4291.6 of, the Public Resources Code, relating to fire prevention.
[Approved by Governor September 28, 2021. Filed with Secretary of State September 28, 2021.] SB 63, Stern. Fire prevention: vegetation management: public education: grants: defensible space:
fire hazard severity zones.
(1) Existing law requires the Director of Forestry and Fire Protection to identify areas of the state as very high fire hazard severity zones based on specified criteria. Existing law requires a local agency, within 30 days after receiving a transmittal from the director that identifies very high fire hazard severity zones, to make the information available for public review, as provided.

This bill, among other things, would also require the director to identify areas of the state as moderate and high fire hazard severity zones. The bill would modify the factors the director is required to use to identify areas into fire hazard severity zones, as provided. The bill would require a local agency to make this information available for public review and comment, as provided. By expanding the responsibility of a local agency, the bill would impose a statemandated local program.

This bill would also make conforming changes.
(2) Existing law requires a person who owns, leases, controls, operates, or maintains an occupied dwelling or structure in, upon, or adjoining a mountainous area, forest-covered land, brushcovered land, grass-covered land, or land that is covered with flammable material that is within a very high fire hazard severity zone, as designated by a local agency, or a building or structure in, upon, or adjoining those areas or lands within a state responsibility area, to maintain a defensible space of 100 feet from each side and from the front and rear of the structure, as specified. Existing law authorizes a greater distance than specified above on the specified land in a very high fire hazard severity zone. Existing law specifies that clearance beyond the property line may only be required if state law, local ordinance, rule, or regulation includes certain findings and specifies that clearance on adjacent property shall only be conducted following written consent by the adjacent landowner.

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LRA Legislation Factsheet
Amended by Senate Bill No.63
Government Code 51178
The State Fire Marshal shall identify areas in the state as moderate, high, and very high fire hazard severity zones based on consistent statewide criteria and based on the severity of fire hazard that is expected to prevail in those areas. Moderate, high, and very high fire hazard severity zones shall be based on fuel loading, slope, fire weather, and other relevant factors including areas where winds have been identified by the Office of the State Fire Marshal as a major cause of wildfire spread.
(Amended by Stats. 2021, Ch. 382, Sec. 2.5. (SB 63) Effective January 1, 2022.) Government Code 51178.5
Within 30 days after receiving a transmittal from the State Fire Marshal that identifies fire hazard severity zones pursuant to Section 51178, a local agency shall make the information available for public review and comment. The information shall be presented in a format that is understandable and accessible to the general public, including, but not limited to, maps. (Amended by Stats. 2021, Ch. 382, Sec. 3.5. (SB 63) Effective January 1, 2022.)

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LRA Legislation Factsheet
Assembly Bill No. 211
CHAPTER 574
An act to amend Sections 11891, 11893, 12581, 12996, 12998, 12999.4, and 12999.5 of, and to add Sections 12999.6 and 13001 to, the Food and Agricultural Code, to amend Section 51179 of the Government Code, to amend Sections 44274.10, 44274.11, 44274.12, 44274.13, and 44274.14 of the Health and Safety Code, to amend Sections 3113, 4799.05, 14503.5.1, 14538, 14549.2, 14581, 42052, and 42060 of, to add Sections 14537.5, 14548, 14555, and 21166.3 to, to add Part 5 (commencing with Section 75250) to Division 44 of, and to repeal Section 75250.1 of, the Public Resources Code, to amend Section 43152.6 of, and to amend and repeal Section 43152.10 of, the Revenue and Taxation Code, to amend Section 13198 of the Water Code, to amend the Budget Act of 2021 (Chapters 21, 69, and 240 of the Statutes of 2021) by amending Item 8570-002-0001 of Section

2.00 of that act, and to amend the Budget Act of 2021 (Chapter 44 of the Statutes of 2022) by amending Items 3540-101-0001 of Section 2.00 of that act, relating to public resources, and making an appropriation therefor, to take effect immediately, bill related to the budget. [Approved by Governor September 27, 2022. Filed with Secretary of State September 27, 2022.] AB 211, Committee on Budget. Public resources trailer bill. (2) Existing law requires the State Fire Marshal to identify areas of the state as moderate, high, and very high fire hazard severity zones based on specified criteria. Existing law requires a local agency to designate, by ordinance, very high fire hazard severity zones in its jurisdiction within 120 days of receiving recommendations from the State Fire Marshal. Existing law authorizes a local agency, at its discretion, to include areas within the jurisdiction of the local agency, not identified as very high fire hazard severity zones by the State Fire Marshal, as very high fire hazard severity zones following a finding supported by substantial evidence, as provided.

This bill would additionally require a local agency to designate, by ordinance, moderate and high fire hazard severity zones within 120 days of receiving recommendations from the State Fire Marshal. By expanding the responsibility of a local agency, the bill would impose a statemandated local program. The bill would additionally authorize a local agency, at its discretion, to include areas within the jurisdiction of the local agency, not identified as moderate and high fire hazard severity zones by the State Fire Marshal, as moderate and high fire hazard severity zones, respectively. The bill would prohibit the local agency from decreasing the level of fire hazard severity zone as identified by the State Fire Marshal for any area within the jurisdiction of the local agency, as provided.

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LRA Legislation Factsheet
Amended by Assembly Bill No. 211
Government Code 51179
(a) A local agency shall designate, by ordinance, moderate, high, and very high fire hazard severity zones in its jurisdiction within 120 days of receiving recommendations from the State Fire Marshal pursuant to Section 51178.
(b) (1) A local agency may, at its discretion, include areas within the jurisdiction of the local agency, not identified as very high fire hazard severity zones by the State Fire Marshal, as very high fire hazard severity zones following a finding supported by substantial evidence in the record that the requirements of Section 51182 are necessary for effective fire protection within the area.
(2) A local agency may, at its discretion, include areas within the jurisdiction of the local agency, not identified as moderate and high fire hazard severity zones by the State Fire Marshal, as moderate and high fire hazard severity zones, respectively. (3) A local agency shall not decrease the level of fire hazard severity zone as identified by the State Fire Marshal for any area within the jurisdiction of the local agency, and, in exercising its discretion pursuant to paragraph (2), may only increase the level of fire hazard severity zone as identified by the State Fire Marshal for any area within the jurisdiction of the local agency.
(c) The local agency shall transmit a copy of an ordinance adopted pursuant to subdivision (a) to the State Board of Forestry and Fire Protection within 30 days of adoption. (d) Changes made by a local agency to the recommendations made by the State Fire Marshal shall be final and shall not be rebuttable by the State Fire Marshal. (e) The State Fire Marshal shall prepare and adopt a model ordinance that provides for the establishment of very high fire hazard severity zones.

(f) Any ordinance adopted by a local agency pursuant to this section that substantially conforms to the model ordinance of the State Fire Marshal shall be presumed to be in compliance with the requirements of this section.
(g) A local agency shall post a notice at the office of the county recorder, county assessor, and county planning agency identifying the location of the map provided by the State Fire Marshal pursuant to Section 51178. If the agency amends the map, pursuant to subdivision (b) or (c) of this section, the notice shall instead identify the location of the amended map. (Amended by Stats. 2022, Ch. 574, Sec. 10. (AB 211) Effective September 27, 2022.)

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LRA Legislation Factsheet
Increasing Fire Hazard Severity Zone (FHSZ)
Area and Designation
Government Code section 51179 requires a local agency to designate, by ordinance, moderate, high, and very high FHSZ within 120 days of receiving the identified FHSZ’s from the State Fire Marshal pursuant to Section 51178.

The law does not allow for a local jurisdiction to request changes or provide comments to the State Fire Marshal on the FHSZ designations. However, a local agency may choose to increase the designation of a FHSZ from the FHSZ identified by the State Fire Marshal, or designate areas as having a FHSZ that were not designated in a FHSZ by the State Fire Marshal. This may occur because FHSZ zone edges in the maps and data from the State Fire Marshal are not aligned with parcel boundaries or roads that some may consider for lines of convenance when adopting ordinances. A local agency is not allowed to reduce the designation of a FHSZ classification from the State Fire Marshal (i.e. a local agency cannot make an area designated as High by the State Fire Marshal, Moderate in its adopted ordinance).

However, a local jurisdiction can increase the designation from the one identified by the State Fire Marshal. If a local agency decides to increase the designation of a FHSZ, it may do so if it does the following:

1. If increasing the designation to Very High, a local agency must make a finding supported by substantial evidence in the record that the requirements of Government Code section 51182 are necessary for effective fire protection.

2. If increasing the designation to Moderate or High, a local agency may do this at its discretion.

If a local agency decides to include areas in its FHSZ adopted ordinance not identified as being in a FHSZ by the State Fire Marshal, it may include those areas if it does the following:

1. If including areas not identified as being in a FHSZ and designating it as Very High, a local agency must make a finding supported by substantial evidence in the record that the requirements of Government Code section 51182 are necessary for effective fire protection.

2. If including areas not identified as being in a FHSZ and designating it as Moderate or High, a local agency may do this at its discretion.

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Fairfield City CouncilJune 17, 2025

Fairfield City Council
June 17, 2025