Fairfield City Council
December 2, 2025

CITY OF FAIRFIELD

CITY COUNCIL

MEETING AGENDA

Tuesday, December 2, 2025, 6:00 p.m.

Harry T. Price Memorial Council Chamber
1000 Webster Street, Fairfield, CA 94533 or Via Zoom
Notice to Public
The City of Fairfield is committed to providing meeting facilities that are accessible to persons with disabilities and/or have language barriers. To request meeting materials in alternative formats, or to request a sign language interpreter, realtime captioning, or other accommodation, please contact the City Clerk's Office, at least 72 hours in advance of the meeting at (707) 428-7400.

For individuals with hearing or speaking limitations, dial 711 or (800) 735-2922 (English). For Spanish, Tagalog or other language, please dial (800) 855-3000 and provide the communication assistant with the following City telephone number: (707) 399-4010.

DISCLOSURE OF CAMPAIGN CONTRIBUTIONS:

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

Members of the public can observe the meeting on Roku City of Fairfield, Xfinity Channel 26, AT&T U-Verse Channel 99, and web streamed live at www.youtube.com/FFCATV. The public may join the meeting via Zoom at: https://fairfield.ca.gov/zoomcitycouncil or via phone (408) 638-0968, Webinar ID: 814 7538 5275, Passcode: 7074287400
Pages
A. CALL TO ORDER 6:00 PM
B. ROLL CALL
Councilmember Doug Carr
Councilmember Doriss Panduro
Councilmember Manveer Sandhu
Councilmember Scott Tonnesen
Councilmember K. Patrice Williams
Vice Mayor Pam Bertani
Mayor Catherine "Cat" Moy
C. INVOCATION - Pastor Christian Bravo of Liberty Church D. PLEDGE OF ALLEGIANCE
E. COUNCIL REPORTS
F. CITY MANAGER REPORT
G. CITY ATTORNEY REPORT
H. CITY CLERK REPORT
I. PRESENTATIONS
I.1 Recognition of Sister City Exchange Students
Contact: Liz Aptekar, (707) 428-7389
I.2 Veterans Day Parade Awards Presented by Recreation Program Coordinator Juan Segura
I.3 Landscape Oversight Committee Quarterly Update Presented by the Landscape Oversight Committee Members
J. PUBLIC COMMENTS
Persons wishing to address the City Council on subjects not on the agenda but within the jurisdiction of the council may do so at this time. The council cannot discuss or take action on matters, not on the agenda for this meeting, but councilmembers may briefly respond to statements made or questions raised by the public, ask for clarification from staff, refer the matter to staff, request staff to report back To the council at a subsequent meeting, or place the matter on a future agenda. To speak on an agenda item please use the “raise your hand” feature or press *9 on your phone. Speakers are limited to three minutes per item, as determined by the mayor.

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

Recommended Action:

To approve the consent calendar.

K.1 Resolution 2025-233 PW Canon Station Planning Area 4 Offsite Water Improvements Acceptance
6 Accepting the Canon Station Planning Area 4 Offsite Water Improvements as Complete
Funding Source: N/A
Contact: Tom Martian, (707) 428-7478
Recommended Action:

Adopt resolution.

K.2 Resolution 2025-234 PW Pinnacle Petroleum, Inc. Contract Award for Renewable Diesel and 87 Octane Gasoline
9 Authorizing Execution of a Contract Between the City of Fairfield and Pinnacle Petroleum, Inc. for the Provision and Delivery of Renewable Diesel and 87 Octane Gasoline at the City of Fairfield’s Corporation Yard Funding Source: Estimated at $751,600; Fleet Management Fund Contact: David Renschler, (707) 428-7414
Recommended Action:

Adopt resolution.

K.3 Resolutions 2025-235 and 2025-236 PW Travis Trail Safe Routes to School and Transit Trail Project
75 Resolution 2025-235 Authorizing the City Manager to Execute a Professional Services Agreement with Bennett Engineering Services Inc., to Provide Design Services for the Travis Trail Safe Routes to School and Transit Trail Project; and Resolution 2025-236 Authorizing the City Manager to Execute Amendment No. 1 to the Funding Agreement (Transit and Intercity Rail Capital Program) Between the City of Fairfield and Solano Transportation Authority for the Travis Safe Routes to School and Transit Trail Project
Funding Source: $1,033,884; Infrastructure Public Works Deposits Fund Contact: David Vong, (707) 428-7784
Recommended Action:

Adopt resolutions.

K.4 Resolution 2025-237 PW Canon Station Planning Area 4 Backbone Phase 2 – Canon Bridge Improvements Acceptance
105
Accepting the Canon Station Planning Area 4 Backbone Phase 2 – Canon Bridge Improvements as Complete
Funding Source: N/A
Contact: Tom Martian, (707) 428-7478

Recommended Action:

Adopt resolution.

K.5 Resolution 2025-238 PW Canon Station – Planning Area 4 Lake Park Landscape – Phase 2 Acceptance
108
Accepting the Improvement Agreement for the Canon Extension – Planning Area 4 Lake Park Landscape – Phase 2 as Complete
Funding Source: N/A
Contact: Tom Martian, (707) 428-7478
Recommended Action:

Adopt resolution.

L. NEW BUSINESS
L.1 CM Measure P Oversight Committee Annual Report Presented by Steve Vancil 111 Funding Source: N/A
Contact: John Furtado, (707) 428-7629
L.2 Resolution 2025-239 CM Accepting the Negotiated Settlement Agreement with Solano Garbage Company (dba Republic Services)
126
Funding Source: N/A
Contact: David Lim, (707) 428-7400
Recommended Action:

Adopt resolution.

L.3 Resolution 2025-240 HR Amending Terms and Conditions for Fairfield Employees Association Memorandum of Understanding
139
Amending the Terms and Conditions of the Memorandum of Understanding for the Fairfield Employees’ Association
Funding Source: $1,187,179; Various Funds
Contact: Farbod Pirouzmand, (707) 428-7397
Recommended Action:

Adopt resolution.

L.4 Resolution 2025-241 HR Amending Terms and Conditions of Non-Represented Confidential Employees
191
Amending the Terms and Conditions of the Benefits Summaries for Non- Management Confidential and Confidential Management Employees Funding Source: $75,994; General Fund
Contact: Farbod Pirouzmand, (707) 428-7397

Recommended Action:

Adopt resolution.

L.5 Resolution 2025-242 PR Downtown Theatre Management Agreement 201 Authorizing the City Manager to Negotiate a Management Agreement with Rodgers Creative Enterprises to Manage and Operate the Fairfield Center for Creative Arts, also Known as the Downtown Theatre
Funding Source: N/A
Contact: Kristina Kaunzinger, (707) 428-7470
Recommended Action:

Adopt resolution.

M. PUBLIC HEARINGS
M.1 Continued CD General Plan Housing Implementation 419 General Plan Amendments (GPA 2025-0003) and Zoning Ordinance Amendments and Map Changes (ZC2025-0006) to Implement the 2023-2031 Housing Element
Funding Source: N/A
Contact: Vicrim Chima, (707) 428-7446
Recommended Action:

N/A
N. ADJOURN
ADJOURN TO TUESDAY, DECEMBER 16, 2025, 6:00 P.M., HARRY T. PRICE MEMORIAL COUNCIL CHAMBER.

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

PUBLIC NOTIFICATION
I, Esther Beavers, Deputy City Clerk, do hereby certify that I have caused a true copy of the above notice and agenda to be delivered to each of the members of the Fairfield City Council, at the time and in the manner prescribed by law and that this agenda was posted at City Hall, 1000 Webster Street, Fairfield, California on Wednesday, November 26, 2025.

Agenda Item No: K.1

AGENDA REPORT
DATE: December 2, 2025

TO: Mayor and Council

FROM: David Gassaway, City Manager

SUBJECT: Resolution 2025 -233 PW Canon Station Planning Area 4 Offsite Water Improvements Acceptance

Accepting the Canon Station Planning Area 4 Offsite Water Improvements as Complete

Funding Source: N/A

Contact: Tom Martian, (707) 428-7478

RECOMMENDED ACTION
Adopt resolution.

STATEMENT OF ISSUE
Adoption of the resolution will accept the offsite water improvements for Canon Station Planning Area 4 (Planning Area 4) as complete.

DISCUSSION
One Lake Holding , LLC (Developer) has completed all required improvements at the Canon Station Planning Area 4 in accordance with the improvement agreement approved by City Council on March 20, 2018, by Resolution No. 2018 -33. The completed improvements include the construction of approximately 5,200 linear feet of 16-inch potable water line along Peabody Road and within the Planning Area 4 development area. These facilities provide potable water service to current residents. The improvements also included the construction of approximately 3,700 linear feet of 8 -inch non-potable water line and pump station used for landscape irrigation and back-up water source for the lake.

Staff have inspected the improvements and found them to be complete in accordance with City standards and the requirements of the improvement agreement. The final punch list was completed on November 7, 2025. The proposed resolution a ccepts the improvements as being complete, except for the obligation of the Developer to repair or reconstruct defective work for a period of one year after the final acceptance.

FINANCIAL IMPACT
Acceptance of the public improvements by council will obligate the City to maintain the potable and non -potable water lines , including all appurtenant facilities . The Public Works Operation Division will be responsible for the ongoing maintenance, which will be funded by the Water Utility Fund.

PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
N/A

ALTERNATIVE ACTION
If the council has any questions, acceptance may be delayed so that staff may provide the necessary additional information.

COORDINATED WITH
N/A

STAFF CONTACT
Tom Martian, Public Works Interim Construction Manager
(707) 428-7478
[email protected]

ATTACHMENTS
Attachment 2: Proposed Resolution

CITY OF FAIRFIELD

RESOLUTION NO. 2025-233

ACCEPTING THE CANON STATION PLANNING AREA 4 OFFSITE WATER IMPROVEMENTS AS

COMPLETE

WHEREAS, the City Council approved an improvement agreement with One Lake Holding LLC (Developer) for the Canon Station Area 4 Offsite Water on March 20, 2018, by Resolution No. 2018-33; and

WHEREAS, the Developer has completed all the require improvements in accordance with the improvement agreement approved by the council.

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

Section 1. The City hereby accepts the improvements as complete pursuant to the improvement agreement between the City and the Developer approved by the council on March 20, 2018.

PASSED AND ADOPTED this 2nd day of December 2025, by the following vote:

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

_________________________________________________
MAYOR
ATTEST:
___________________________

CITY CLERK

Agenda Item No: K.2

AGENDA REPORT
DATE: December 2, 2025

TO: Mayor and Council

FROM: David Gassaway, City Manager

SUBJECT: Resolution 2025-234 PW Pinnacle Petroleum, Inc. Contract Award for Renewable Diesel and 87 Octane Gasoline

Authorizing Execution of a Contract Between the City of Fairfield and Pinnacle Petroleum, Inc. for the Provision and Delivery of Renewable Diesel and 87 Octane Gasoline at the City of Fairfield’s Corporation Yard

Funding Source: Estimated at $751,600; Fleet Management Fund

Contact: David Renschler, (707) 428-7414

RECOMMENDED ACTION
Adopt resolution.

STATEMENT OF ISSUE
On September 9, 2025, the City of Fairfield issued an Invitation for Bids (IFB) for the provision and delivery of renewable diesel and 87 octane gasoline to the City of Fairfield’s Corporation Yard.

Staff recommends that the City C ouncil award the Contract ( Contract) for the provision and delivery of fuel to the lowest-priced responsive and responsible bidder, Pinnacle Petroleum, Inc. (Pinnacle) for an estimated one-year contract cost of $751,600.

DISCUSSION
The various operations at the City of Fairfield’s Corporation Yard consume approximately 125,000 gallons of renewable diesel and 125,000 gallons of 87 octane gasoline on an annual basis. FAST, the City of Fairfield’s transit system, consumes approximately 53% of the City’s fuel , while the general fund uses approximately 26% and other non -general fund enterprise account for approximately 21%.

The City’s use of renewable diesel, which is made from waste and residues, reduces its greenhouse gas emissions by up to 80%. These reductions in tailpipe emissions improve local and regional air quality and are part of the City’s overall plan to meet the California Air Resources

Board (CARB) Innovative Clean Transit and Advanced Clean Fleet regulation s. Renewable diesel is a CARB approved transitional fuel that FAST may use while emerging technologies are proven reliable.

Due to the volatility of the fuel market, suppliers generally structure pricing at the Oil Price Information Service (OPIS) rack rate (wholesale) per gallon plus the supplier’s fee per gallon. The OPIS rack rate fluctuates daily and is based on the current cost for a barrel of oil. This pricing structure allows the wholesale cost to reflect changes in the fuel market while the suppliers per gallon fee remains fixed.

On September 9, 2025, the City issued an IFB for the provision and delivery of renewable diesel and 87 octane gasoline to the City of Fairfield’s Corporation Yard.

The Contract defines the scope of services as follows:

1. Provide and deliver renewable diesel meeting CARB’s minimum specifications.

2. Provide and deliver 87 octane gasoline meeting CARB’s minimum specifications.

Based on the average OPIS rack rate and the estimated annual consumption by the City, the suppliers were asked to provide pricing for each fuel type in the format of the OPIS rack rate plus or minus supplier fees.

Eight suppliers responded to the IFB. Those respondents were Pinnacle, Western States Oil, Inc., Mansfield Oil Company of Gainesville, Inc., Hunt & Sons, LLC., Merrimac Petroleum, Inc., SC Fuels, Boyett Petroleum, and Southern Counties Lubricants LLC. Six other suppliers were sent bid documents that did not respond.

Bids were opened on October 6, 2025, with Pinnacle providing the lowest responsive and responsible bid. Pinnacle will supply renewable diesel at the OPIS rack rate minus $0.0921 per gallon and 87 octane gasoline at the OPIS rack rate minus $0.1607 for an estimated one -year contract cost totaling $751,600.

The suppliers’ bid ranking with estimated contract cost based on average annual wholesale fuel cost per gallon is as follows:

Company Renewable Diesel 87 Octane Gasoline 1-Year Estimated Contract Cost
Pinnacle OPIS - $0.0921 OPIS - $0.1607 $751,600.00
Western States Oil, Inc. OPIS - $0.1120 OPIS - $0.1360 $752,200.00 Mansfield Oil Company of
Gainesville, Inc.

OPIS - $0.0724 OPIS - $0.1497 $755,437.50
Hunt & Sons, LLC. OPIS - $0.0900 OPIS - $0.1000 $759,450.00 Merrimac Petroleum, Inc. OPIS - $0.0552 OPIS - $0.1125 $762,237.50

SC Fuels OPIS + $0.02028 OPIS - $0.08872 $774,645.00
Boyett Petroleum OPIS + $0.0299 OPIS - $0.0971 $821,725.00 Southern Counties
Lubricants LLC
OPIS + $0.0400 OPIS + $0.0400 $799,450.00 + Tax

The contract provisions are for one year, with an option to extend for one additional year.

FINANCIAL IMPACT
Costs associated with the provision and delivery of fuel will be paid from the Fleet Management Fund and supported by specific state and federal transportation revenue sources, non -General Fund enterprise accounts, and some General Fund monies. The total estimated cost for the one- year contract is $751,600 based upon the weekly San Francisco OPIS rack price.

PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
The IFB notice was published to the Daily Republic on September 10, 2025, and September 17, 2025. The IFB process was also published to the City website.

ALTERNATIVE ACTION
The council may choose not to approve the Contract and reject all bids. This is not recommended, however, as the City would be left without a fuel contract and would be required to pay retail rates for fuel.

COORDINATED WITH
City Attorney’s Office

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

ATTACHMENTS
Attachment 2: Proposed Resolution
Attachment 3: Proposed Contract

CITY OF FAIRFIELD

RESOLUTION NO. 2025-234

AUTHORIZING EXECUTION OF A CONTRACT BETWEEN THE CITY OF FAIRFIELD AND PINNACLE PETROLEUM, INC. FOR THE PROVISION AND DELIVERY OF RENEWABLE DIESEL AND 87 OCTANE GASOLINE AT THE CITY OF FAIRFIELD’S CORPORATION YARD

WHEREAS, the City of Fairfield solicited bids for furnishing and delivering renewable diesel and 87 octane gasoline; and

WHEREAS, the City determined Pinnacle Petroleum, Inc. (Pinnacle) to be the lowest -priced responsive and responsible bidder; and

WHEREAS, Pinnacle has agreed to enter into an agreement directly with the City to provide and deliver renewable diesel and 87 octane gasoline at the bid price to the City of Fairfield’s Corporation Yard.

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

Section 1. The city manager or designee is hereby authorized and directed to execute the attached contract with the estimated cost of $751,600 with Pinnacle for the provision and delivery of renewable diesel and 87 octane gasoline in the amounts not to exceed the rates as follows:

 Renewable Diesel: Oil Price Information Service (OPIS) rack rate minus $0.0921  87 Octane Gasoline: OPIS rack rate minus $0.1607

Section 2. The city manager or designee is authorized to approve and execute a one -year extension to the contract.

Section 3. The public works director or designee is authorized to do all things necessary and proper to implement the contract.

RES. NO. 2025-234

PASSED AND ADOPTED this 2nd day of December 2025, by the following vote:

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

_________________________________________________
MAYOR
ATTEST:
___________________________

CITY CLERK

SC-1
Contract
CONTRACT FOR PURCHASE OF RENEWABLE DIESEL FUEL AND 87 OCTANE

UNLEADED GASOLINE
T
his Contract (“Contract”) is made and entered into by and between the City of Fairfield (“City”), a municipal corporation, and Pinnacle Petroleum, Inc. (“Contractor”), a Corporation in good standing under the laws of the State of California, as of this _____ day of _____________, 2025.

RE
CITALS
W
hereas, City issued an Invitation For Bids on September 2, 2025, for the purchase and delivery of Renewable Diesel Fuel and 87 Octane Unleaded Gasoline to be delivered during the term of this Contract, which IFB is attached hereto and incorporated herein as Exhibit A (“IFB”); and
W
hereas, Contractor submitted a Bid dated October 6, 2025, a copy of the relevant portions of which is attached hereto and incorporated herein as Exhibit B (“Contractor’s Bid”); and W
hereas, the City Council of the City of Fairfield has passed Resolution No. 2025-____ to award this contract to Contractor; and
N
OW, THEREFORE, IN CONSIDERATION OF the mutual promises, covenants, and conditions contained herein, the parties agree as follows:

1. Fur
nishing and Delivery of Specified Fuels: Subject to the terms and conditions contained herein, City agrees to purchase from Contractor and Contractor agrees to sell to City, Renewable Diesel Fuel and 87 Octane Unleaded Gasoline in accordance with the IFB and Contractor’s Bid during the term of the Contract.

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

3. C
ontract Term: The term of the Contract shall be for one (1) year, commencing upon issuance of a Notice to Proceed by the City. City reserves the right, in its sole discretion, to exercise one (1) one-year option term, which shall be subject to the same terms and conditions as set forth herein. The initial term and any option term(s) is subject to City’s right to terminate the Contract in accordance with Exhibit A.

4. I
ncorporation by Reference: The following documents, and each and every term and condition included therein, are incorporated herein by reference as though fully set forth at this point:

Agenda Item No: K.3

AGENDA REPORT
DATE: December 2, 2025

TO: Mayor and Council

FROM: David Gassaway, City Manager

SUBJECT: Resolutions 2025 -235 and 2025 -236 PW Travis Trail Safe Route s to School and Transit Trail Project

Resolution 2025-235 Authorizing the City Manager to Execute a Professional Services Agreement with Bennett Engineering Services Inc., to Provide Design Services for the Travis Trail Safe Routes to School and Transit Trail Project; and

Resolution 2025-236 Authorizing the City Manager to Execute Amendment No. 1 to the Funding Agreement (Transit and Intercity Rail Capital Program) Between the City of Fairfield and Solano Transportation Authority for the Travis Safe Routes to School and Transit Trail Project

Funding Source: $1,033,884; Infrastructure Public Works Deposits Fund

Contact: David Vong, (707) 428-7784

RECOMMENDED ACTION
Adopt resolutions.

STATEMENT OF ISSUE
The Travis Safe Route to Schools and Transit Trail Project (Project) was awarded a total of $5,960,000 in federal and state grant funding. To advance the Project to construction, professional design services are required to complete right-of-way acquisition, plans, specifications, and the engineer’s estimates. Staff recommend the City Council authorize the city manager to execute a Professional Services Agreement with Bennett Engineering Services, Inc. (Bennett) and to execute Amendment No. 1 to the funding agreement with Solano Transportation Authority (STA).

DISCUSSION
The Project proposes to construct a mixture of Class I, Class III and Class IV trails connecting Fairfield-Vacaville Hannigan Train Station (Hannigan Station) with three schools within the Travis Unified School District and Travis Air Force Base. The path of the new trail encompasses the Train

Station South Portal, Markeley Lane, De Ronde Drive, parallels the existing storm drain channel to Air Base Parkway and Parker Road. The primary benefit of the Project is the development of a safe trail connecting th e Hannigan Station to nearby Center Elementary, Golden West M iddle, Vanden High S chool and Travis Air Force Base , helping to encourage other modes of transportation and relieving vehicular congestion.

Procurement Process
In January 2025, staff began the procurement process to select a consultant team for the design of the Project. A proposal was initially solicited from a pre -qualified consultant to prepare the plans, specifications, and engineer’s estimate (PS&E). While a proposal was r eceived in mid - February 2025, the proposed scope and cost exceeded expectations. To ensure a competitive and cost-effective selection, staff expanded the process by requesting additional proposals from pre-qualified consultant teams. Two additional proposals were received in September 2025 and the evaluation committee determined that Bennett is the most qualified for the Project due to their experience with prior City projects and their ability to coordinate eff orts with the nearby design work underway with Markeley Lane Extension Project.

Bennett’s scope of work includes developing construction-ready PS&E package for a trail system connecting Travis Airforce Base to Hannigan Train Station South Portal, analysis for California Municipal Regional Permit (MRP ) provision C.3 stormwater quality requirements, closed -circuit television (CCTV) surveillance cameras, fiber optic system for communications , traffic analysis and signal modifications . The preliminary estimate to construct the Project is approximately $6,000,000.

The staff have negotiated a fair and reasonable fee for the proposed scope of work and are requesting a 10% management reserve to address potential additional right-of-way requirements and design to open the South Portal at Hannigan Train Stat ion. Bennett anticipates completing the design for construction ready documents within twelve months ; however, various factors may impact the Project schedule, including negotiations with property owners regarding land acquisitions, permitting requirements from resource agencies for protected habitats, and coordination with external agencies and utility companies. Approval of this resolution will allow the city manager to execute a professional service agreement with Bennett in an amount not-to- exceed $939,894.

Grant Funding for Design
The design budget was initially funded through a state grant provided by the Transit and Intercity Rail Capital Program (TIRCP). According to the Funding Agreement between the City of Fairfield and the Solano Transportation Authority (STA) for the Travis Safe Route to Schools and Transit Trail Project (“Funding Agreement”), the funding allocations were as follows: $600,000 for Plans, Specifications, and Estimates (PS&E), $50,000 for Right -of-Way (R/W), and $900,000 for Construction.

According to TIRCP guidelines, projects must obtain environmental clearance prior to the allocation of grant funds. It has been determined that both the California Environmental Quality

Act (CEQA) and the National Environmental Policy Act (NEPA) a re required for environmental clearance, as the Project also includes a federal grant under the One Bay Area Grant 3 (OBAG) program. The NEPA process involves a comprehensive and detailed federal review, including the Primary Environmental Study (PES), Ini tial Site Assessment (ISA), and the preparation of a Mitigated Negative Declaration, which are currently in progress.

To adhere to the January 31, 2027, OBAG grant funding deadline, Amendment No.1 to the Funding Agreement will reallocate TIRCP funding fro m the PS&E and R/W to Construction resulting in $2,000,000 being allocated for construction only . Conversely, local funding from Infrastructure Public Works Deposits (Fund 285) will be shifted from the construction back to the design, as local funds typically have fewer restrictions compared to grant funds.

FINANCIAL IMPACT
The professional services agreement with Bennett for engineering design services will authorize a contract amount not to exceed $939,894, plus a 10% management reserve of $93,989.40. The total authorized amount for this agreement is $1,033,884. Funding for this agreement is allocated within the Capital Streets Fund (Fund 252; Project No. CPW070107) and i s included in the adopted fiscal year (FY) 2025-2026 through FY 2029-2030 Capital Improvement Program for Streets. Additionally, $1,100,000 in regional grant funds (TIRCP) will be reallocated from the design phase to the FY 2026 construction phase. Local funding from Infrastructure Deposits Fund (Fund 285) will also reallocate $1,100,000 from construction to the FY 2025 design phase.

PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
N/A

ALTERNATIVE ACTION
If the council has any questions, the recommended action may be postponed allowing staff to provide the necessary supporting info rmation. However, staff does not recommend this approach, as it could delay the project's progress and potentially result in the loss of grant funding.

COORDINATED WITH
Solano Transportation Authority

STAFF CONTACT
David Vong, Senior Civil Engineer
(707) 428-7784
[email protected]

ATTACHMENTS
Attachment 2: Proposed Resolution – Bennett
Attachment 3: Proposed Resolution – Amendment No. 1
Attachment 4: Bennett Proposed Professional Services Agreement Attachment 5: Proposed Amendment No. 1 to the Funding Agreement

CITY OF FAIRFIELD

RESOLUTION NO. 2025-235

AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH BENNETT ENGINEERING SERVICES INC., TO PROVIDE DESIGN SERVICES FOR THE TRAVIS

SAFE ROUTES TO SCHOOL AND TRANSIT TRAIL PROJECT

WHEREAS, the Travis Safe Routes to School and Transit Trail Project (Project) proposes to connect Travis Air Force Base, Center Elementary, Golden West Middle, Vanden High and the Fairfield - Vacaville Hannigan Train Station by a designated trail network; and

WHEREAS, the City requires outside professional design and technical services to develop and prepare construction-ready documents; and

WHEREAS, in January 2025, staff began the procurement process to select a consultant team for the Design of the Project; and; and

WHEREAS, the evaluation committee determined that Bennett Engineering Services, Inc. (Bennett) is the most qualified for the Project to provide professional design services; and

WHEREAS, the city wishes to enter into a professional services agreement with Bennett to provide professional design services for the Project.

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

Section 1. The city manager is hereby authorized and directed to execute on behalf of the City of Fairfield that certain agreement for professional design services with Bennett for the Project in an amount not-to-exceed of $939,894.

Section 2. The city manager is hereby authorized to execute contract amendments for an amount not-to-exceed $93,989.40 per the 10% management reserve.

Section 3. The city manager is hereby authorized to do all things necessary to implement the above-mentioned contract.

RES. NO. 2025-235

PASSED AND ADOPTED this 2nd day of December 2025, by the following vote:

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

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

MAYOR
ATTEST:

________________________________

CITY CLERK

CITY OF FAIRFIELD

RESOLUTION NO. 2025-236

AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 1 TO THE FUNDING

AGREEMENT (TRANSIT AND INTERCITY RAIL CAPITAL PROGRAM) BETWEEN THE CITY OF

FAIRFIELD AND SOLANO TRANSPORTATION AUTHORITY FOR THE TRAVIS SAFE ROUTES TO

SCHOOL AND TRANSIT TRAIL PROJECT

WHEREAS, on January 16, 2024, the City Council adopted Resolution 2024-05 authorizing the city manager to execute a funding agreement with Solano Transportation Authority (STA) for $2,000,000 in Transit and Intercity Rail Capital Program (TIRCP) funding); and

WHEREAS, funding allocation s were $600,000 for Pla ns, Specifications, and Estimate (PS&E), $50,000 for Right-of-Way (R/W) and $900,000 for Construction; and

WHEREAS, amendment No. 1 will reallocate funding from PS&E and R/W phases to the construction phase, resulting in $2,000,000 being allocated for construction; and

WHEREAS, funding sources must be reallocated in the approved fiscal year (FY) 202 5-2026 Budget for the Travis Safe Route s to School and Transit Trail Project (CPW070107) design and construction, thus requiring a $1,100,000 budget reallocation of Regional Grants from design to construction and $1,100,000 of Infrastructure Public Works Deposits (Deposits 285) from construction to design.

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

Section 1. The city manager is hereby authorized to execute Amendment No. 1 to the Funding Agreement Between the City and STA for the Travis Safe Route s to School and Transit Trail Project, which is in form approved by the city attorney.

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

RES. NO. 2025-236

PASSED AND ADOPTED this 2nd day of December 2025, by the following vote:

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

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

MAYOR
ATTEST:

________________________________

CITY CLERK

1 Revised 1/09/2025

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

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

7) EXHIBITS. All exhibits referred to herein are attached hereto and are by this reference incorporated herein.
8) TERM. This agreement shall be in effect through December 31, 2027, with the ability to extend the agreement for TWO (2) additional ONE (1) year term upon mutual consent of CONSULTANT and CITY MANAGER.
9) GOVERNING LAW AND VENUE. Should either Party to this Agreement bring legal action against the other, the validity, interpretation, and performance of this Contract shall be controlled by and construed under the laws of California, excluding California’s choice of law rules. Venue for any such action relating to this Agreement shall be in the Solano County Superior Court.

2 Revised 1/09/2025
10) Where applicable, vehicles with a GVWR greater than 8,500 lbs. and light-duty package delivery vehicles operated in California may be subject to the California Air Resources Board Advanced Clean Fleets regulations. Such vehicles may therefore be subject to requirements to reduce emissions of air pollutants. For more information, please visit the CARB Advanced Clean Fleets webpage at https://ww2.arb.ca.gov/our-work/programs/advanced-clean-fleets 11) ENTIRE AGREEMENT. This Agreement, including any other documents incorporated herein by specific reference, represents the entire and integrated agreement between CITY and CONSULTANT.

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

CITY Contact: David Vong
E-mail: [email protected]
Address: 1000 Webster Street, 3 rdFloor, Fairfield, CA 94533 Telephone: (707) 428-7784
Notices must be given to CONSULTANT at the following:

CONSULTANT Contact: Leo Rubio
E-mail: [email protected]
Address: 1082 Sunrise Avenue, Suite 100, Roseville, CA 95661 Telephone: (916) 397-4481
EXECUTED as of the day first above-stated.

City of Fairfield, a municipal corporation
By:__________________________________

CONSULTANT
By:___________________________________

EXHIBIT “A”

4 Revised 1/09/2025
EXHIBIT “B”

PAYMENT

1) The total contract price for services rendered by CONSULTANT under this Agreement shall be based on CONSULTANT’s current hourly rates, attached with the Exhibit. Billings shall include the number of hours expended by the CONSULTANT’s employees, subconsultant invoices, plus reimbursables such as postage, delivery, reproduction, etc. Reimbursables shall be itemized on the billings. Total payment for consulting services shall not exceed NINE HUNDRED THIRTY-NINE THOUSAND, EIGHT HUNDRED NINETY- FOUR DOLLARS ($939,894) without CITY authorization.
2) Payment shall be made to CONSULTANT in accordance with the CONSULTANT’s price proposal accepted by the CITY. CONSULTANT shall submit, and CITY shall pay monthly invoices for work performed during the previous month. Time and material services billing shall be based on the hourly and fee rate charges set forth in Exhibit “B” attached hereto, and the number of hours expended on the PROJECT by each classification of employee.
3) Extra work performed by the CONSULTANT for any work required by the CITY which is not specified as part of Exhibit “A” including bot not limited to, any changes to CONSULTANT’s Services contract change orders after the award of the construction contract by the City Council, or testimony in Court, shall be compensated by the use of time and material fee rates of the attached Exhibit “B”. No extra work will be compensated for unless required by CITY in writing. 4) CONSULTANT shall submit invoices to CITY, Attention: [email protected] and CITY shall pay CONSULTANT within 30 days of receiving a proper invoice. CONSULTANT shall notify the CITY in writing when the CONSULTANT’s invoices total billing is within twenty-five percent (25%) of the total authorized amount.

5 Revised 1/09/2025
EXHIBIT “C”

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

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

6 Revised 1/09/2025
to cease work on the project. CONSULTANT shall be entitled to no further compensation for work performed after the date of receipt of written notice to cease work. All completed and incomplete products up to the date of receipt of written notice to cease work shall become the property of CITY. 9) PRODUCTS OF CONSULTING. All products of the CONSULTANT provided under this Agreement shall be the property of the CITY.
10) INDEMNIFY AND HOLD HARMLESS.
a) If AGREEMENT is an agreement for design professional services subject to California Civil Code § 2782.8(a) and CONSULTANT is a design professional, as defined in California Civil Code § 2782.8(c)(2), to the fullest extent permitted by law, CONSULTANT shall indemnify, defend and hold harmless CITY and its elected officials, officers, agents, employees and designated volunteers (collectively “CITY Indemnitees”) from and against any and all claims, losses, liabilities, damages, costs and expenses, including attorney’s fees and costs, to the extent they arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the CONSULTANT. CONSULTANT’s duty to defend shall consist of reimbursement of defense costs incurred by CITY in direct proportion to the CONSULTANT’s proportionate percentage of fault. CONSULTANT’s percentage of fault shall be determined, as applicable, by a court of law, jury or arbitrator. In the event any loss, liability or damage is incurred by way of settlement or resolution without a court, jury or arbitrator having made a determination of the CONSULTANT’s percentage of fault, the parties agree to mediation with a third party neutral to determine the CONSULTANT’s proportionate percentage of fault for purposes of determining the amount of indemnity and defense cost reimbursement owed to the CITY.
b) If AGREEMENT is not an agreement for design professional services subject to California Civil Code § 2782.8(a) or CONSULTANT is not a design professional as defined in California Civil Code § 2782.8(c)(2), to the fullest extent allowed by law, CONSULTANT shall indemnify, defend, and hold harmless the CITY Indemnitees from all claims, suits, or actions of every name, kind and description, brought forth on account of injuries to or death of any person or damage to property arising from or connected with the willful misconduct, negligent acts, errors or omissions, ultra-hazardous activities, activities giving rise to strict liability, or defects in design by CONSULTANT or any person directly or indirectly employed by or acting as agent for CONSULTANT in the performance of this Agreement, including the concurrent or successive passive negligence of the CITY Indemnitees.

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

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

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

7 Revised 1/09/2025
12) LOCAL EMPLOYMENT POLICY. The CITY desires wherever possible, to hire qualified local residents to work on city projects. Local resident is defined as a person who resides in Solano County.

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

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

8 Revised 1/09/2025
EXHIBIT “D”

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

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

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

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

9 Revised 1/09/2025
liability and builder’s risk policies) are to contain, or be endorsed to contain, the following provisions:
i) The CITY, its officers, officials, employees and volunteers are to be covered as insureds as respects: liability arising out of work or operations performed by or on behalf of the CONSULTANT; products and completed operations of the CONSULTANT; premises owned, occupied or used by the CONSULTANT; and automobiles owned, leased, hired or borrowed by the CONSULTANT. The coverage shall contain no special limitations on the scope of protection afforded to the CITY, its officers, officials, employees or volunteers. ii) For any claims related to this project, the CONSULTANT’S insurance coverage shall be primary insurance as respects the CITY, its officers, officials, employees and volunteers. Any insurance or self-insured maintained by the CITY, its officers, officials, employees or volunteers shall be in excess of the CONSULTANT’S insurance and shall not contribute with it. iii) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the CITY, its officers, officials, employees or volunteers.
iv) The CONSULTANT’S insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability. v) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days’ prior written notice by certified mail, return receipt requested, has been given to the CITY.
vi) The policy limits of coverage shall be made available to the full limits of the policy. The minimum limits stated above shall not serve to reduce the CONSULTANT’S policy limits of coverage.

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

VERIFICATION OF COVERAGE. CONSULTANT shall furnish the CITY with original endorsements effecting coverage required by this Exhibit D. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf; on forms equivalent to CG 20 10 11 85, subject to CITY approval; and submitted electronically via email at [email protected]. All insurance certificates and endorsements are to be received and approved by the CITY before work commences. At the request of the CITY, CONSULTANT shall provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications. d) SUB-CONTRACTORS. CONSULTANT shall require all subcontractors to procure and maintain insurance policies subject to the requirements of Exhibit D. Failure of CONSULTANT to verify existence of sub- contractor’s insurance shall not relieve CONSULTANT from any claim arising from sub-contractors work on behalf of CONSULTANT.

Page
1 of
1 1st Amendment to Funding Agreement_CoFF
-
Trave SR2S & Transit Trail 08
-
2025

FIRST

AMENDMENT TO FUNDING AGREEMENT

BETWEEN

SOLANO TRANSPORTATION AUTHORITY

AND

CITY OF

FAIRFIELD

FOR

THE TRAVIS SAFE ROUTES TO SCHOOL

AND TRANSIT TRAIL PROJECT

This
First

Amendment (“
F
i
rst

Amendment
”) is entered into

as

of

_____________, 2025

between the

SOLANO TRANSPORTATION AUTHORITY
, a joint powers authority organized under
Government Code Section 6500 et seq. consisting of the County of Solano and the Cities of Benicia, Dixon, Fairfield, Rio Vista, Suisun, Vacaville and Vallejo (“ STA
”), and the

CITY OF

FAIRFIELD
, a
municipal corporation

(“
City
”)
, co
llectively, the “
P
arties
”.

1. RECITALS
A.

The
P
arties entered into a funding agreement dated
September 13, 2024

(the “
Agreement
”),
in which STA allocated Transit and Intercity Rail Capital Program (“

TIRCP

”) grant funding
in the
amount of $600,0

0 0 for Plans, Specifications, and Estimate
(“

PS&E

”)

, $500,000 for Right-of-
Way

(“

R/W

”)

, and $900,000 for construction
(“

CON

”)

for a total funding amount of $2 million to
the City of Fairfield for

the Travis Safe Routes to Schools and Transit Trail project (“

Project
”)

.

B.

The Parties desire to amend the Agreement (“ First Amendment ”) to reallocate the TIRCP grant

funding

for PS&E

in

the

amount

of $600,000

and

R/W
in the amount of $500,000 (“ First
Amendment”).

C.

The
P
arties
agree to amend the Agreement as set forth below.

2. AGREEMENT
A.

Reallocate
$1.1 million
from PS&E and RW
to the Project’s construction,

for a total
funding
amount of

$2
million.

3. EFFECTIVENESS OF

CONTRACT
Except as set forth in this
First
Amendment, all other terms and conditions specified in the Agreement remain in full force and

effect.

SOLANO TRANSPORTATION AUTHORITY

CITY OF

FAIRFIELD

By:

________________________________

Daryl K. Halls, Executive Director

By:

________________________________

David Gassaway
, City Manager

A
pproved as to Form:

Approved as to Form:

By:

________________________________

Megan J. Callaway, STA Legal Counsel

By:

________________________________

Christian Petrangelo, Deputy City Attorney
for David Lim, City Attorney

Agenda Item No: K.4

AGENDA REPORT
DATE: December 2, 2025

TO: Mayor and Council

FROM: David Gassaway, City Manager

SUBJECT: Resolution 2025-237 PW Canon Station Planning Area 4 Backbone Phase 2 – Canon Bridge Improvements Acceptance

Accepting the Canon Station Planning Area 4 Backbone Phase 2 – Canon Bridge Improvements as Complete

Funding Source: N/A

Contact: Tom Martian, (707) 428-7478

RECOMMENDED ACTION
Adopt resolution.

STATEMENT OF ISSUE
Adoption of the resolution will formally accept the improvements for the Canon Station Planning Area 4 Backbone Phase 2 – Canon Bridge Improvements as complete.

DISCUSSION
One Lake Holding LLC, (Developer) has completed all the required improvements in accordance with the improvement agreement adopted by the City Council on March 1, 2022, by Resolution No. 2022-36.

The project extended Lake Club Drive from Planning area 4 into Planning Area 5 of the Train Station Specific Plan (TSSP). These improvements were required to provide the necessary pedestrian and vehicle access between the two planning areas, and to allow utilities to serve future development in Planning Area 5.

The scope of work inc luded construction of the vehicle bridge structure spanning a State Department of Water Resources (DWR) waterline easement, public roadway improvements, and utility facilities. Utility pipe casings were incorporated into the bridge structure to facilitate extension of existing water, gas, and electric services from Planning Area 4 into Planning Area 5.

Staff have inspected the improvements and found them to be complete in accordance with City standards and the requirements of the improvement agreement. The final punch list was completed on November 7, 2025. The proposed resolution accepts the improvements as being complete, except for the obligation of the Developer to repair or reconstruct defective work for a period of one year after final acceptance.

FINANCIAL IMPACT
Acceptance of the public improvements by the council will obligate the City to maintain the public improvements, including Canon Bridge and the pipe casing water and utility transmission mains.

On-going maintenance shall be funded by the formed TSSP Community Facilities District (CFD) #2018-1 and One Lake Infrastructure CFD #2019-1.

PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
N/A

ALTERNATIVE ACTION
If the council has any questions, acceptance may be delayed so that staff may provide the necessary additional information.

COORDINATED WITH
N/A

STAFF CONTACT
Tom Martian, Public Works Interim Construction Manager
(707) 428-7478
[email protected]

ATTACHMENTS
Attachment 2: Proposed Resolution

CITY OF FAIRFIELD

RESOLUTION NO. 2025-237

ACCEPTING THE CANON STATION PLANNING AREA 4 BACKBONE PHASE 2 – CANON BRIDGE

IMPROVEMENTS AS COMPLETE

WHEREAS, the City Council executed an improvement agreement with One Lake Holding, LLC (Developer) for the Canon Station Planning Area 4 Backbone Phase 2 – Canon Bridge on March 1, 2022, by Resolution No. 2022-36; and

WHEREAS, the Developer has completed all the required improvements in accordance with the improvement agreement approved by the council.

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

Section 1. The City hereby accepts the improvements as complete pursuant to the improvement agreement between the City and the Developer approved by the council on March 1, 2022.

PASSED AND ADOPTED this 2nd day of December 2025, by the following vote:

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

_________________________________________________
MAYOR
ATTEST:
___________________________

CITY CLERK

Agenda Item No: K.5

AGENDA REPORT
DATE: December 2, 2025

TO: Mayor and Council

FROM: David Gassaway, City Manager

SUBJECT: Resolution 2025-238 PW Canon Station – Planning Area 4 Lake Park Landscape – Phase 2 Acceptance

Accepting the Improvement Agreement for the Canon Extension – Planning Area 4 Lake Park Landscape – Phase 2 as Complete

Funding Source: N/A

Contact: Tom Martian, (707) 428-7478

RECOMMENDED ACTION
Adopt resolution.

STATEMENT OF ISSUE
Adoption of the resolution will formally accept the improvements for the Canon Station – Planning Area 4 Lake Park Landscape – Phase 2 as complete.

DISCUSSION
One Lake Holding, LLC (Developer) has completed all the required improvements in accordance with the improvement agreement adopted by the City council on November 16, 202 1, by Resolution No. 202 1-278. The improvements around the lake consist of various amenities, including but not limited to landscaping, irrigation, benches, slides, and playground equipment.

The shade structures have been differed and to be completed by December 31, 2026, per the completion of Planning Area 5 Neighborhood H.

FINANCIAL IMPACT
Upon council acceptance, the ongoing maintenance of the landscaping and irrigation around the lake and various amenities, including but not limited to, benches, slides, playground and equipment will be funded by the Community Facilities District (CFD) 2018-1 and the Homeowners Association (HOA).

PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
N/A

ALTERNATIVE ACTION
If the council has any questions regarding the request, approval may be postponed until the questions are addressed.

COORDINATED WITH
N/A

STAFF CONTACT
Tom Martian, Public Works Interim Construction Manager
(707) 428-7478
[email protected]

ATTACHMENTS
Attachment 2: Proposed Resolution

CITY OF FAIRFIELD

RESOLUTION NO. 2025-238

ACCEPTING THE IMPROVEMENT AGREEMENT FOR THE CANON STATION – PLANNING AREA 4 LAKE PARK LANDSCAPE – PHASE 2 AS COMPLETE

WHEREAS, the City Council approved an improvement agreement with One Lake Holding LLC (Developer) for the Canon Station Planning Area 4 Lake Park Landscape – Phase 2 on November 16, 2021, by Resolution No. 2021-278; and

WHEREAS, the Developer has completed all the require improvements in accordance with the improvement agreement approved by the council.

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

Section 1. The City hereby accepts the improvements as complete pursuant to the improvement agreement between the City and the Developer approved by the council on November 16, 2021.

PASSED AND ADOPTED this 2nd day of December 2025, by the following vote:

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

_________________________________________________
MAYOR
ATTEST:
___________________________

CITY CLERK

Agenda Item No: L.1

AGENDA REPORT
DATE: December 2, 2025

TO: Mayor and Council

FROM: David Gassaway, City Manager

SUBJECT: CM Measure P Oversight Committee Annual Report Presented by Steve Vancil

Funding Source: N/A

Contact: John Furtado, (707) 428-7629

RECOMMENDED ACTION
Receive and file report.

STATEMENT OF ISSUE
City Council is being asked to receive the annual report from the Measure P Oversight Committee.

DISCUSSION
On November 12, 2012, Fairfield voters passed Measure P, a one -cent transaction and use tax ordinance. The ordinance (Ordinance No. 2012 20) was certified as adopted by the voters by the council on December 18, 2012 (Resolution 2012 278), the measure was renewed by voters in 2016 for a further 15 years that will end in the year 2033.

Section 18.85 of the ordinance directed the council to establish a Fairfield Taxpayers Committee (hereafter referred to as the Measure P Oversight Committee or Committee) to review expenditures of revenues collected pursuant to the ordinance. The committee is also responsible to review the annual audit of the sales tax funds and other City financial reports necessary to advise the council of its findings. The committee’s role is advisory in nature, with no decision making authority. The committee consists of five members appointed by the council. Members of the committee must be Fairfield residents and/or taxpayers.

Since Measure P was adopted, the Measure P Oversight Committee has met on a quarterly basis.

The Committee received reports on th e revenues generated by Measure P. The Oversight Committee has also received in depth presentations on the programs and services that are funded by Measure P, as well as other services that the City is enabled to perform due to several

critical areas of Public Safety being funded by Measure P. Attached to this agenda report is the annual report prepared by the Measure P Oversight Committee for the council.

FINANCIAL IMPACT
N/A

PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
N/A

ALTERNATIVE ACTION
N/A

COORDINATED WITH
City Manager’s Office

STAFF CONTACT
John Furtado, Finance Director
(707) 428-7629
[email protected]

ATTACHMENTS
Attachment 2: Measure P Oversight Committee Annual Report FY 2024-2025

1 Measure P: Delivering on the Promise. . . and then some! Fiscal Year 2024 - 2025 Annual Report (July 2024 – June 2025)

What is Measure P
Measure P is a locally controlled 1% transaction and general use tax designed to protect public safety, improve services, and enhance the quality of life in Fairfield. Measure P’s mandate comes from the voter’s ballot measure, “to support neighborhood police patrols, firefighting and rapid 9-1-1 emergency response, crime prevention programs, fixing potholes and repairing neighborhood streets, parks and recreation (with an emphasis on youth and senior services), and other general services, with mandatory audits and independent oversight.” Measure P funds are dedicated solely to use by the City of Fairfield General Fund and are not subject to be diverted to the state or other agencies.

The ballot measure also directed the C ity to establish a Fairfield Taxpayers Committee, also referred to as the “Measure P Oversight Committee.” That committee consists of five taxpaying Fairfield citizens appointed to five -year terms by the City Council . This is an annual report from the Fairfield Taxpayers Committee.

History of Measure P
In 2012, the City faced unprecedented deficits in its General Fund due to the loss of revenue associated with the recession starting in late 2008, plus the eventual unexpected loss of redevelopment dollars, caused by the 2011 B udget A ct, the L egislature approved the dissolution of the state’s 400 plus R edevelopment Agencie s ( RDAs ). A fter a period of litigation, RDA s were officially dissolved as of February 1, 2012 . As a result, Fairfield was forced to reduce its workforce by 18 % and close City Hall and other city facilities every Friday. Available employee work hours dropped nearly 25%. City employees pitched in and agreed to reduce their own work hours and contribute more to pensions and health care. These efforts, however, were not enough to maintain the current level of public safety and basic services, let alone offer more programs to enhance quality of life.

To prevent further cuts, the City Council put Measure P on the ballot for voter approval. It was passed by 68% of voters in 2012 and extended in 2016 with 69% voter approval . Measure P currently sunsets in March 2033, unless extended by the voters.

Since its inception, Measure P has played an integral role in restoring critical services , strengthening public safety, improving streets and roads, and expanding services to enhance quality of life in Fairfield. Rather than a one-time financial solution, Fairfield has now benefitted from more than 12 years of steady Measure P revenue.

2 Thanks in part to consistent Measure P funding, the number of full -time equivalent (FTE) city employees has bee n restored over the past 12 years to support increased services . These increases include adding crime and fire prevention programs , additional street maintenance crews, enhanced quality of life efforts, and include parks and recreation programs.

Prior to the recession, the maximum FTE employee headcount was 609 employees in 2009. By the time Measure P began in 2013, layoffs reduced that headcount by over 17% to 502 FTE. With Measure P funds, the city restored services and employees, gradually reaching a peak FTE count of 619 in 2023 – a number higher than the prerecession level, but in proportion to the city’s population growth, about 10% below the previous peak.

Long-term fiscal forecasting during past year identified a structural budget deficit driven by recent inflation and other factors . This year a spending reduction plan was implemented for all departments and several vacant employee positions were frozen. Where available, some one- time savings or revenue opportunities were taken.

Measure P Programing:

Since Measure P is a program lasting at least 20 years, from 2013 to 2033, the City of Fairfield takes a long-term integrated approach to planning those revenues. Measure P taxes are General Fund revenue. Historically, Measure P on average represents a lmost 20% of the city’s entire General Fund. Other components of the General Fund include the traditional sales tax managed by the state, the city’s portion of local property taxes, franchise taxes, cannabis taxes, and other miscellaneous fees.

Since Measure P funds have been fully integrated into the overall city budget, they are not set aside as separate accounts to be spent independently. Even if they were separated and independently programmed, u ltimately all general funds are fungible and used as needed to execute the city budget. Instead, each year the Measure P committee builds a budget in core city functions highlighted by the voters’ ballot measure language . The committee then tracks the progress of that budget and Measure P revenues throughout the year.

If needed by changing revenues, a mid -year funding update is produced and tracked for the balance of that fiscal year. As an indication of Measure P impact, reports are presented for the specific departments and programs highlighted by the Measure P budget. Those are listed later within this report.

Fiscal Year 2024 – 2025 Summary:

The past fiscal year was the second year of slowing sales tax revenue following the growth resulting from COVID-era stimulation of the economy. While inflation moderated, higher interest rates and accumulated consumer debt led to modest slowing of retail sales.

3 MEASURE P TRENDS:

The above chart shows Measure P revenue trend from pre -COVID, through C OVID fiscal stimulation and inflation, and the period of higher interest rates and moderating inflation.

Measure P revenues peaked in 2022 driven by higher sales prices and consumers still flush with COVID-era cash. Since that time, there has been a slight downward trend, particularly in the past two years as consumers budgets are tightening.

SUMMARY OF FY 2024 - 2025 FINANCIAL DATA
This year, total Measure P revenue was a drop of 2.58% from prior year actual revenues, and

1.96% below the FY 2024 – 2025 beginning forecast. Final actual revenues were 0.51% below the mid-year revision. This confirms a trend of continued softening sales tax revenue in the city.

Total net Measure P revenue for the past fiscal year was $2 4,721,724. Additional revenue from traditional state sales tax , known as Bradley -Burns tax, was $31,739,380. Our state sales tax includes $5,131,678 - representing the Fairfield portion of the Solano Pool allocated by the state for online sales tax (internet shopping).

In the past year, Measure P represented 43.8% of all sales tax revenue, about 2% lower than the previous year. Measure P also represented 16.6% of all General Fund Revenues, a drop from the previous 18.3%. While sales taxes dropped, the city’s amount of property taxes rose.

Table 1 represents a comparison of the original budget, the mid-year revised budget, and actual end of fiscal year Measure P expenditures . The table represents the broad areas of spending aligned with the voter’s ballot measure – Public Works, Fire Department, Police Department, and Parks and Recreation . Public Works maintains our parks , recreation facilities, and city appearance, creating a secondary “Quality of Life” component, and five total tracking categories.

17.5 19.6 19.7

25.9 25.8 25.4 24.7
0 5
10 15
20 25
30 2019 2020 2021 2022 2023 2024 2025
Revenue in Millions
Fiscal Year End (June)
Measure P Revenue by Year

4 Table 1 shows that Measure P funded numerous public safety employees including 34 police officers, 19 firefighters, and 6 dispatchers. It also funded the C ity’s two pillars of homeless prevention – Public Works’ Homeless Engagement and Response Team (HEART) and Law Enforcement’s Homeless Intervention Team (HIT), both part of the C ity’s Crisis Action Team (CAT). Measure P also funds a Public Works Street Team to maintain and improve our local city streets. Additionally, funding for the PAL Center, the Aquatics Complex, and the Adult Recreation Center shows emphasis on youth and senior quality of life programs.

The table also shows mid -year adjustments. For example, within Public Works, some additional money was added for funding streets. However, quality of life funds slightly decreased. The Police Department also had slightly reduced funding, but no reduction in supported patrol and dispatch functions.

5 The graph below shows how spending is ranked by category. The largest amount of Measure P funds went to the Police and Fire Departments, as they have the largest budgets. Police, Fire, and emergency response were topics specifically identified on the voters’ ballot measure. “Enhancing Quality of Life” includes both Parks and Recreation plus a component of Public Works.

Quality of Life also includes removing dumped debris, cleanup of homeless camps, streetside trash and eradication of graffiti – responsibilities of Public Works.

The Measure P Oversight Committee, in their quarterly meetings , received updates from City Management and the Finance Department on the use of Measure P funds, as well as revised trends and review of economic data. The committee also received departmental presentations from the City’s Homeless Services Manager, the Fire Departments’ operation, and future fire stations, visited the Adult Recreation Center, reviewed Parks & Recreation Department plans, and received a briefing and tour from the City’s Water division.

6 Improving Quality of Life
Broad Assistance to Address Homelessness: Measure P funds continue to be instrumental in helping several of the City’s departments address one of our most urgent issues – helping those in our city who do not have a house or shelter. The Police Department has the HIT team that addresses homeless at locations or in camps . Rather than making arrests, they use many resources attempting to assist homeless individuals. As mentioned, the Public Works Department manages the HEART team to clean up camps, debris, and graffiti. This is important for the health and welfare of the city’s environment. Both are part of Fairfield’s Crisis Action Team (CAT).

The county manages most social programs that would help homeless individuals. Fairfield has joined Solano County and neighboring cities with the Community Action Partnership Solano (CAP- Solano) Joint Powers Authority to find a more coordinated regional solution to homelessness.

Since Fairfield is the county seat hosting courts, jails, and substance rehabilitation facilities, this was particularly important for our city . The Joint Powers Authority also provides better opportunities to grants and state funding.

Under this partnership, the CAT team is often successful in moving homeless individuals towards more stable shelters, in coordination with non-profit housing and other agencies. The past year’s effort resulted in a 133% increase of unhoused people moved off the streets and into shelter.

In some cases, they have proactively moved homeless individuals toward permanent housing or returned to a family destination . This is done in a deliberate fashion, attempting to clear any outstanding warrants before relocation, and making sure the destination is truly suitable. The Police Department also more frequently issues citations rather than making arrests.

Below is data from the HIT/CAT and HEART teams:

Homeless Intervention/Crisis Action Team (Police)
367 camps posted (0.5% increase)
315 individuals placed in shelter (133% increase, including Homeless Service Division) 18 individuals moved towards home (same as last year)
Summary of HIT/CAT Police Activity:

Calls for service – 1,207 (77% decrease)
Officer initiated incidents – 1,853 (34% decrease)
Felony arrests – 25 (66% decrease)
Misdemeanor arrests – 102 (44% decrease)
Citations issued – 297 (79% increase)

7 Homeless Engagement and Response Team (Public Works)
1,157 camps and sites cleaned up (0.25% decrease over last year) 1,939 cubic yards of camp debris removed (7.5% increase) 1,365 shopping carts retrieved (5.4% increase)
3,100 cubic yards of roadside debris removed (16.6% increase) 456 Adopt-A-Street bags removed (26% increase)
27,904 square feet of graffiti removed (7.1% decrease)
Compared to the previous year, the HEART team had the biggest increase in debris removed, including through Adopt-A-Street bags.

Parks and Recreation
Further improving quality of life, Measure P has helped maintain our Parks & Recreation facilities.

In addition to keeping the many c ity parks open, the following activities were accomplished at our specific locations:

AQUATIC COMPLEX
Swim lessons through June included 2 44 sessions with a combined total of 1,134 participants, down 6% from last year.

Recreation swim totaled 8,254 combined participants, down 26% from last year.

Adaptive Swim had 146 drop-in admission participants, down 21% from last year.

Preschool Playtime with (parent/child) had 149 drop-in admissions.

Three annual events (Spring Egg -Dive-Aganza, Bobbing for Pumpkins, and Santa Splash) totaled 249 guests.

DOWNTOWN THEATER
Our Downtown Theater exceeded their contractual obligation of 39 shows. They included Frazer Trager Presents music performances, Missouri Street and Missouri Street Youth T heater productions, Solano Winds, the Buckingham High School production of “Grease,” and several school and local performances.

8 SENIOR PROGRAMS AND ACTIVITIES
There are 23 active social and recreational clubs at the Adult Recreation Center Hosted ten unique events at the Adult Recreation Center. They included luncheons, dinners, and summer concerts. These events had 729 participants.

Innovative Health Solutions continues to provide lunch for our seniors. They are currently serving between 400 – 425 meals per month.

Police Department
The Police Department continues to operate the largest budget in the city and consistently receives the highest allocation of Measure P funds. In the past year, the department received 50% of all Measure P funding.

Measure P has been critical to maintaining staffing levels, especially as the city’s structural deficit has impacted on the department’s general fund budget. Without this support, sustaining essential services would have been a significant challenge. Currently, Measure P funds 34 of 126 positions, representing 2 7% of the police force . Although budget constraints required the freezing of four sworn officer positions, Measure P has been vital in preserving patrol staffing and ensuring public safety coverage.

In addition, Measure P supports six dispatcher positions, which also represents 28% of our dispatch team, including line and supervisory roles. Due to budget limitations, one dispatch supervisor and one dispatcher position were frozen. Dispatchers are the first point of contact for both police and fire services, making their role critical to community safety. Thanks to Measure P, the department has been able to maintain response times and service levels, with dispatch handling 176,267 calls for service in Fairfield during last year.

Measure P also strengthens our Crime Prevention Unit, which leads key community engagement initiatives. These include 3 4 Neighborhood Watch groups , 7 Business Watch programs, and 12 Volunteers in Police Service (VIPS) . These programs are essential to fostering community partnerships and preventing crime – and they are made possible through Measure P funding.

The impact of these investments is evident in our crime statistics. Over the past year, 225 firearms were recovered through proactive efforts by our Patrol and Investigations Divisions. While the homicide rate has remained the same, violent crime has seen notable reductions: robberies by 6%, and aggravated assaults by 8%. Property crime has decreased by 5%, contributing to an overall 6% reduction in total crime. These outcomes reflect the Police Department’s commitment to public safety and operational readi ness. The department’s mission – centered on Safety, Service, and Community is made possible through Measure P funding.

9 Police Activities League (PAL)
Measure P funding has been an intricate part of the development of PAL, who aims to support the underserved and at-risk teens in Fairfield, Travis, and Suisun City. This year total of 380 teens were supported, an increase of 28%.

Data is displayed for the PAL teens as follows.

1. Household Income: Extremely Low, 30% Very Low, and 14% Low.

2. Race: 27% African American, 45% Hispanic, 13% White, 6% Asian

3. Gender: 65% Male, 35% Female

4. Ages: 24% (13 – 14 years old), 44% (15 – 16 years old), 29% (17 – 18 years old)

PAL funding from Measure P rose a slight 1% above the prior year to $67 7,003. Additionally, Soroptimists of Central Solano County provided a Girls Circle Program, including a 10 -week Embracing Boundaries and Consent curriculum. Kaiser funded a Mental Health First Aid Training program to identify, understand, and respond to signs of mental health challenges. Save Mart CARES Foundation provided forty $50 gift cards. Tech Exchange pr ovided Digital Literacy Workshops for 34 teens, each receiving a laptop to take home.

Here are PAL highlights from the past year:

1. A summer recreation program serving more than 129 teens.

2. Dinners hosted by Chick-fil-A.

3. Food 4 Less and the Matt Garcia Foundation sponsored Glow in the Dark Easter Egg Hunt.

4. Ready to Succeed Program for self-discovery, career exploration, and public speaking. Six Rotary scholars were selected, each awarded up to $4,000 per year for two years.

5. Shop with a Cop supported by Fairfield-Suisun Rotary.

6. Career Development and Mentorship Programs with the Soroptimists.

7. VolunTEEN Program with structured opportunities for teens to contribute to community events.

8. Sew Savvy Program to learn sewing basics from professional seamstress.

9. Mental Health Support and Training.

10. Student Council and Friday Leadership Lounge to provide opportunities for civic involvement, leadership practice, and decision-making.

11. Marketing support from a Youth at Promise Grant that funded branded water bottles, lanyards, and wristbands to increase PAL program visibility.

12. A combined needs assessment and member satisfaction process to guide strategic planning for the next year. This included interviews with members of the Fairfield Youth Commission and other community groups.

10 Fire Department
Fairfield continues to grow and expand, and the Fire Department has adapted to meet that demand.

Measure P’s consistent funding stream has enabled not only greater capacity in emergency response, but also strong investments in fire prevention and training programs. These upgrades helped improve the City’s Insurance Services Office (ISO) rating from Class 3 to Class 2 (out of 10 classification levels) in 2021 and Measure P has helped sustain that outstanding ISO rating. The Class 1 rating is held by fewer than one percent of U.S. cities, typically exceptionally large cities with extensive specialized equipment. This superb rating supports lower insurance costs for Fairfield’s residents and businesses.

This year, Measure P supported the staffing of 19 firefighters/engineers and provided $634,074 for vehicle replacement and maintenance. Construction of Station 36—slated to open in August 2026— will extend coverage to Green Valley and Cordelia. In anticipation of the new station opening, Measure P funded the deployment of the City’s seventh engine company (Engine 36 – deployed June 2022), which will ultimately be based at that new facility. A new Station 39, identical to Station 36 to save costs, will replace an older facility and improve coverage in the expanding northeast portion of our city.
2025 Fire Department Performance
In the past year, the department handled 16,869 incidents, up 3.2% from 2024 – a 68.7% increase since the passage of Measure P. Station 37 remained the busiest, managing 5,583 incidents (33% of total volume). The station houses the shift Battalion Chief, an engine company, and a full-time truck company, making it the operational hub of the system.

Prevention and Community Safety
These proactive measures reduce fire risks and enhance community safety:
• Conducted 879 annual Fire & Life Safety inspections, identifying 1,500 violations for correction. • Completed 240 building plan reviews and numerous construction inspections, including 150 residential sprinkler systems and 13 kitchen extinguishing systems (hood and duct) Regional Partnerships & Service Expansion
To maximize resources and revenue, the department entered contracts for service:
• Assumed full emergency response for the Cordelia Fire Protection District • Provided Battalion Chief coverage for two shifts in the City of Suisun City Both agencies faced financial pressures, and these agreements created mutually beneficial solutions that enhanced service delivery in their respective communities. Once Station 36 is operational in 2026, response times in Cordelia will improve further.

11 Measure P continues to deliver lasting value by ensuring reliable staffing, expanding service coverage, strengthening prevention efforts, and positioning Fairfield as a regional leader in fire and emergency services.

Improving Streets and Roads
Measure P funds a dedicated street team. It also helps pay for the annual street seal coat program and maintain traffic signals. Below are cumulative statistics from Public Works:
• 3,085 potholes were filled by the Measure P Street Team • 251,000 square feet of street resurfaced
• 200 crosswalk improvements
• Over 30.65 million square ft. of streets and roads have been improved since Measure P began in 2013

Future Considerations for Measure P
Most local governments in California are feeling strong financial pressures on their budgets . A long-term look at Fairfield’s finances shows a structural deficit that could eventually deplete the City’s reserve funds.

Last year’s report highlighted the growing pension liability due to CALPERS investment shortfalls with local governments responsible for covering the revenue shortfall. That shortfall continues to grow until about 2033, and then gradually starts to decline. Other increasing liabilities include shortfalls for street paving and meeting new state electrification requirements , including the requirement to replace current vehicles with more expensive electric versions. Special purpose electric vehicles such as those used by Public Works and Fire Department are particularly more expensive.

Budget cutbacks within the City’s departments and use of one -time revenue and savings have extended the time when the reserve funds would be depleted. However, there remains a deficit that will continue to shrink the City’s financial reserves.

All other cities in Solano County also have local sales taxes like Fairfield’s Measure P. Many are also facing similar structural budget deficits. Four neighboring cities recently raised th eir local taxes during the 2024 election - which became effective on April 1, 2025. The table below summarizes the current total sales taxes for the cities in Solano County. Assembly Bill 3259 increased the maximum allowable sales tax to 9.75% within Solano County. The following table summarizes the current city sales tax situation in Solano County.

12 DATE LAST INCREASE TAX RATE
Vacaville Apr 2018 - 0.5% 8.125%
Dixon Apr 2025 - 1.0% 8.375%
Fairfield No Increase since start in 2013 8.375%
Suisun City Apr 2025 - 0.75% 9.125%
Rio Vista Apr 2025 - 1.0% 9.125%
Vallejo Apr 2023 - 0.75% 9.25%
Benicia Apr 2025 - 0.5% 9.625%
Solano County Maximum Tax Cap 9.75%

Due to the structural budget deficit, in May 2025 the City Council began discussions to consider raising Fairfield’s Measure P tax rate and/or extending the current March 2033 sunset date. That review and dialog continues and if proposed would ultimately be decided by the voters on a future ballot measure.

Measure P Independent Audit
In accordance with the current Measure P ballot measure, an annual independent audit is conducted of Measure P funds. The city’s fiscal year ends on June 30. It takes a couple of months for sales tax revenue numbers to be provided by the state, and for other revenues and expenses to be fully accounted. After finalizing figures, the annual budget is compiled, and an independent audit may proceed.

The most recent independent audit or report on compliance was completed on December 12, 2024, by Eide Bailly and did not reflect any non-compliance. The Measure P Oversight Committee reviewed the Independent Auditor’s report at the February 10, 2025, quarterly meeting.

Investing in Fairfield’s Future
For more than a decade, the City of Fairfield has made strategic investments in building general fund reserves, pension stabilization, economic development, infrastructure improvements, and revitalization. Measure P stabilized cutbacks in city services due to the great recession and has steadily supported restoring and improving a wide range of services to our citizens . Although Measure P is not the sole funding source for all the improvements noted in this report, the improvements and investments could not have been made without M easure P. Measure P continues as a revenue source , completely controlled by our city , to help sustain our financial stability. Measure P is delivering on the promise, and then some.

13 Measure P Oversight Committee
In accordance with the Measure P ordinance, the City Council established an independent five - member Citizen Oversight Committee to oversee the use of those funds. The Committee meets quarterly to review the financials and receive program updates , to include certifying annual audits. The Committee attempts to have these meetings with various departments and locations throughout the City of Fairfield to gain a first-hand view of the funding needs of our city.

The Committee wants to thank the following individuals for helping us collect data from their departments:

Taylor Armour – Fire Department
Samantha Burrows – Homeless Services Division Manager
Ashley Doyle – Finance Department
John Furtado – Finance Department
Ryan Panganiban – Public Works
Fabe Pariera – Police Activity League
Stacy Phillips – Parks and Recreation
Heather Sanderson – Police Activities League
Karen Rees – City Clerk
Measure P Committee Members:

This past year saw three veteran members of the Measure P Committee retire. We thank the following members for their years of valuable service to our city:

Tim Tomko (served since 2013)
Tehraleigh Martin (served since 2020)
Eddie Ramirez (served since 2020)
The current committee consists of:

Chair – Steve Vancil (serving since 2018)
Vice Chair – Nicole Bauman (serving since 2023)
Member – Quoc Ma (serving since 2025)
Member – Deana Morad (serving since 2025)
Member – Richard Romo (serving since 2025)

Agenda Item No: L.2

AGENDA REPORT
DATE: November 4, 2025

TO: Mayor and Council

FROM: David Gassaway, City Manager

SUBJECT: Resolution 2025 -239 CM Accepting the Negotiated Settlement Agreement with Solano Garbage Company (dba Republic Services)

Funding Source: N/A

Contact: David Lim, (707) 428-7400

RECOMMENDED ACTION
Adopt resolution.

STATEMENT OF ISSUE
Adoption of the resolution will formally accept the settlement agreement negotiated between the City Council and Solano Garbage Company (dba Republic Services).

DISCUSSION
Solano Garbage Company (dba Republic Services) (“Republic”) provides collection services for the collection, processing, and disposal of solid waste, recyclable material, and organics to residents in the City of Fairfield (“City”) pursuant to an exclusive Franchise Agreement dated March 15, 2022.

From July 8, 2025 , to July 18, 2025, City residents experience an interruption of services by Republic due to a labor action by employees of Republic.

On July 18, 2025, the City of Fairfield Code Enforcement Division issued administrative citation No. 1259 for alleged violations of Fairfield Municipal Code section 27.404(f) (“Citation”).

The City of Fairfield has engaged in negotiations to compensate residents and the City for the inconvenience suffered as a result of the interruption of services.

Under the terms agreed by both parties, and previously approved by the council in Closed Session, the City and Republic agree to the following settlement memorialized in the attached resolution:

 Service credit o f two weeks for all residential customers totaling $384,751 of republic service credit;

 Reimbursement of $75,000 to the City for staff costs incurred in providing supplemental solid waste collection services during the work stoppage;

 One landfill coupo n for each residential customer to be used in calendar year 2026 for disposal at the Potrero Hills Landfill for one load of up to two cubic yards of solid waste and one bulky item;

 Additional weekly service by Republic to the City of six additional City trash cans at locations identified in the settlement agreement attached to the resolution;

 Dismissal by the City of Citation No. 1259.

FINANCIAL IMPACT
There is no fiscal impact for the City with this resolution, but residents and the City will receive a benefit to compensate them for the interruption of collection services.

PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
N/A

ALTERNATIVE ACTION
The council previously approved this settlement agreement in Closed Session. However, if the council chooses to reject this settlement, there will be no agreement with Republic for the interruption of services.

COORDINATED WITH
City Attorney’s Office, City Manager’s Office, Public Works Department.

STAFF CONTACT
David Lim, City Attorney
(707) 428-7400
[email protected]

ATTACHMENTS
Attachment 2: Proposed Resolution
Attachment 3: Settlement Agreement

CITY OF FAIRFIELD

RESOLUTION NO. 2025-239

ACCEPTING THE NEGOTIATED SETTLEMENT AGREEMENT WITH SOLANO GARBAGE COMPANY (DBA REPUBLIC SERVICES)

WHEREAS, Solano Garbage Company (dba Republic Services) (“Republic”) provides collection services for the collection, processing, and disposal of solid waste, recyclable material, and organics to residents in the City of Fairfield (“City”) pursuant to an exclusive Franchise Agreement dated March 15, 2022; and

WHEREAS, from July 8, 2025 , to July 18, 2025, City residents experience an interruption of services by Republic due to a labor action by employees of Republic; and

WHEREAS, on July 18, 2025, the City of Fairfield Code Enforcement Division issued administrative citation No. 1259 for alleged violations of Fairfield Municipal Code section 27.404(f) (“Citation”); and

WHEREAS, the City of Fairfield has engaged in negotiations with Republic to compensate residents and the City for the inconvenience suffered as a result of the interruption of services.

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

Section 1. The City hereby approves the Memorandum of Understanding as the settlement between the City of Fairfield and Solano Garbage Company (dba Republic Services), attached as Exhibit A.

PASSED AND ADOPTED this 2nd day of December 2025, by the following vote:

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

_________________________________________________
MAYOR
ATTEST:
___________________________

CITY CLERK

1 MEMORANDUM OF UNDERSTANDING

This Memorandum of Understanding (“MOU”) is entered into as of November 20, 2025 ("Effective Date") by and between the City of Fairfield (“City”) and Solano Garbage Company ("Company") to memorialize the understandings reached between them concerning the disruption of the Company’s collection services for residential customers during the period of July 8 through July 18, 2025, due to labor action of third party employees.

RECITALS

1. The Company provides collection services for the collection, processing, and disposal of solid waste, recyclable material, and organics to residents in the City pursuant to an exclusive Franchise Agreement dated March 15, 2022.

2. Commencing on July 8, 2025, and extending through July 18, 20 25, some of the Company’s employees providing collection services in the City elected not to report to work and /or not to cross picket lines established by employees of another subsidiary of the Company’s parent company, Republic Services, Inc. (the “Dispute Period”).

3. In recognition of the annoyance and inconvenience caused by the delay in collection services for most residential customers in the City in July 2025, the Company has offered to provide credits to its residential customers in the City pursuant to this MOU.

4. The Company does the billing and collection for all solid waste services provided by the Company in the City and then remits to the City certain franchise and other fees based on its collections.

5. As a result of the delay in collection services for some residential customers in the City during the Dispute Period, the City’s Police Department issued an Administrative Citation to the Company dated July 18, 2025 (Citation No. 1259), for an alleged violation of Fairfield Municipal Code Section 27.404(f) (the “Citation”).

6. The City Council has approved the following credit structure to be provided by the Company to its residential customers in the City , which along with the other consideration recited herein, shall constitute a full and final resolution and settlement of all claims the City may have against the Company, including the Citation, arising from or related to the service disruptions for Company’s customers in the City during the period of July 8 through July 18, 2025.

2 AGREEMENT AND RELEASE
NOW THEREFORE, the City and Company agree as follows:

1. Residential Customer Credits to be Provided.

For all residential customers who were subscribing to the Company’s services during the month of July 2025 in the City, the Company will credit each of these customers for the collection services portion of their bills (which is a separate service component from the processing and disposal of solid waste, recyclables, and organics —and which later service component was provided to all residential customers even though the collection of these materials was delayed) in the amounts detailed in Exhibit A, Table 1.

The estimated credit to residential customers for base scheduled service is $309,751 as calculated in Exhibit A. Where applicable, the credits provided to an individual customer will include additional cans and backdoor service.

The Company will commence processing residential customer credits starting with the Company’s billing cycle on December 31, 2025, and continue until all residential customers who were subscribing to the Company’s services during the month of July 2025 have received the agreed -upon credits. All credits will be provided to residential customers no later than December 31, 2025.

2. Reimbursement of City Costs During Dispute Period.

Within 30 days following the City’s execution of this MOU, the Company shall issue its check to the City for Seventy-Five Thousand Dollars ($75,000.00) to reimburse the City for its costs incurred in providing supplemental solid waste collection services during the Dispute Period.

3. Disposal Coupons for Residents.

The Company will provide its residential customers in the City with one (1) landfill coupon per customer, to be used only in calendar year 2026, that will entitle each residential addressee to deliver, free of charge, for disposal at the Potrero Hills Landfill: (a) one load of up to two (2) cubic yards of solid waste and (b) one Bulky Item (as defined in section 9.030 of the Fairfield Municipal Code), which are to be self-hauled by the addressee to the Potrero Hills Landfill.

4. Collection Schedule for Certain City Trash Cans.

The Company will service six (6) City cans not currently on the Company’s route, at the locations noted in Exhibit B. The Company will service these cans on Friday of each week. The City will identify

3 these six most highly impacted stops to receive this enhanced service.

5. Good Faith Negotiation of Franchise Amendment.

The City and Company will negotiate in good faith a potential amendment to the Franchise Agreement that would require the Company to submit a strike plan to the City, including a communication plan, in advance of any anticipated future strikes.

6. Full Resolution of All Claims Relating to Customer Credits.

The City agrees, for itself and on behalf of all customers of Company who subscribed to solid waste collection services during the month of July 2025, to release and discharge Company and its affiliates from any claims arising from or related to the collection service disruptions that occurred in the City during the Dispute Period of July 8 through July 18, 2025, including but not limited to any claims for damages, fees, breach of the Franchise Agreement, or as alleged in or relating to the Citation, arising from or related to the July 2025 service disruptions.

The City and Company acknowledge that this MOU represents a settlement and release of all claims related to the July 2025 service disruptions, the Citation, and the above-described credits allowed on the Company’s billings, and agree that the Parties’ performance under this MOU is not to constitute or be interpreted as an admission of any liability or wrongdoing whatsoever by any Party to this MOU.

7. Parties acknowledge the provisions of section 1542 of the Civil Code of the State of California, and hereby knowingly waives the benefit of such provisions on its behalf, and understands that said section provides as follows:

A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.

8. Entire Agreement. This MOU, including the recitals, constitutes the entire agreement and understanding of the City and Company and supersedes all prior negotiations and/or agreements, proposed or otherwise, written or oral, concerning the subject matter hereof. Each Party acknowledges that in entering into this Agreement, it has not relied on any promise, representation, or warranty not contained in this Agreement. The Parties forgo, waive, release and relinquish any and all claims or rights to pursue a claim or lawsuit against any of the other Parties to this Agreement before any City, County, State, Federal or other governmental agency or court concerning the matters described within this

4 Agreement, except to enforce the provisions of this Agreement. In the event either Party seeks to enforce the provisions of this Agreement, venue shall be the Solano County Superior Court of California.

EACH OF THE PARTIES CERTIFIES THAT IT HAS READ THIS MEMORANDUM OF

UNDERSTANDING AND FULLY UNDERSTANDS AND AGREES TO EACH OF THE ABOVE TERMS, CONDITIONS, AND PROVISIONS. EACH SIGNATORY TO THIS

AGREEMENT REPRESENTS AND W ARRANTS THAT HE OR SHE IS AUTHORIZED

TO EXECUTE THIS AGREEMENT ON BEHALF OF THE PARTY FOR WHICH HE OR SHE EXECUTED THE AGREEMENT.

IN WITNESS WHEREOF, and intending to be legally bound, each of the Parties hereto has caused this Agreement to be executed as of the date(s) set forth below.

IT IS SO AGREED.

__________________________________
Y asser Brenes
Area President
Solano Garbage Company

Date: ________________
__________________________________
David Gassaway
City Manager
City of Fairfield

Date: ________________

___________________________________ __________________________________ David Lim Lance Bayer , Counsel
City Attorney Fairfield Police Department
City of Fairfield

Date: ________________ Date: ________________

11/21/2025

5 Exhibit A

Customers Total Reimbursement
City Services Reimbursement $75,000
Service Credit 2x weeks $309,751
Total Fairfield Customers 29,211
Fairfield Customers with Backdoor Service 231
Fairfield Senior Customers with Backdoor Service 30
Fairfield Senior/ Lifeline Rate Customers 187
Fairfield Customers with Additional Carts 535
Fairfield Customers with Additional YW Carts 990
Fairfield Customers with Additional YW Carts
Backdoor Service
17 Travis Airforce Base Customers 1,181
Total - Republic Service Credit $384,751

City of Fairfield Residents
One additional Landfill Coupon for Potrero Hills Landfill for calendar year 2026.

One load of up to Two (2) Cubic Yards of Solid Waste and One (1) Bulky Item.

Extended City Trash Services Enhanced service of Six (6) public trash cans designated by the city. Adding the pickups to current services.

6 Exhibit B

See following pages

2 bus stop locations on N. Texas St. just south of Acacia St.

Exhibit B

Bus stop location on N. Texas St. just north of Travis Blvd. (in front of IHOP)

Exhibit B

Bus stop location on N. Texas St. across from Utah Street (or Dave’s Giant Burger)

Exhibit B

2 bus stop locations: 1) Union Ave. just north of USPS; 2) Kentucky St. in front of USPS.

Exhibit B

Agenda Item No: L.3

AGENDA REPORT
DATE: December 2, 2025

TO: Mayor and Council

FROM: David Gassaway, City Manager

SUBJECT: Resolution 2025-240 HR Amending Terms and Conditions for Fairfield Employees Association Memorandum of Understanding

Amending the Terms and Conditions of the Memorandum of Understanding for the Fairfield Employees’ Association

Funding Source: $1,187,179; Various Funds

Contact: Farbod Pirouzmand, (707) 428-7397

RECOMMENDED ACTION
Adopt resolution.

STATEMENT OF ISSUE
The Human Resources Department (HR) seeks to amend the current terms and conditions and adopt the resolution for the new successor Memorandum of Understanding (MOU) between the City and Fairfield Employees’ Association (FEA ) to reflect t he amendments made to the agreement as a result of successful bargaining between the parties.

DISCUSSION
In March of 2025, city management and representatives from FEA began negotiations and have since successfully negotiated a new MOU, which F EA members have ratified. The city's primary goal was to achieve significant savings while maintaining essential services.

The total cost over the two -year contract term is estimated at $1,187,179, driven primarily by one-time expenses of $917,842, which re flect cash payments of 3% in Year 1 and 1% in Year 2.

There are no cost-of-living adjustments during this term of this MOU. On-going annual costs are projected to average $151,230 over the subsequent ten years, largely due to the anticipated impacts of the compensation study that both parties agreed to in the prior MOU.

The term of the successor MOU begins July 1, 2025, and expires June 30, 2027. The amendments will take effect on the first full pay period following the council adoption of the successor MOU.

Additional amendments to the successor MOU are summarized in the table below:

Provision Summary of Change
Bereavement Leave Updated to ensure compliance with state law.

Bilingual Pay Updated eligibility standards to ensure pay is granted only where language skills are
routinely used.

Off-Salary Schedule Pay with Paid Time Off
Alternative
Provides the option to receive a 3% cash
payment in year one and 1% in year two, or to
take the equivalent value in time off.

Health, Life Insurance, and Other Benefits Streamlined existing language.

Sick Leave Cash Out Options Reduced maximum accrual limit but enhanced benefit offering for yearly distribution if
contributed to a retirement account.

Removed sick leave cash out upon separation.

Union Business Time Defined maximum release time for members and the paid general membership meetings.

Compensation Study Salary adjustments for classifications that are more than 4% below the market median.

Pro-Rata Employment Aligned MOU language to current practice.

Discipline Procedure Established process for removing disciplinary outcomes from personnel file at employee’s
request.

Boot Reimbursement Revised to implement a tiered reimbursement system.

Shift Differential Expanded eligibility to include Public Works Inspectors working at least two consecutive
evenings.

Prescription Safety Glasses Allowed annual use of the safety glasses benefit with proof of prescription change.

Mandatory Rest Periods Expanded eligibility to include additional classifications. Extended minimum rest
period.

The redlined successor MOU is attached to this report.

FINANCIAL IMPACT
The total cost over the two years for the amendments made to the successor MOU between the City and FEA is $1,187,179. The General Fun d will absorb 5 2% of the costs and savings and the

remaining impact will be applied to various funds across the City that fund F EA-represented positions.

PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
N/A

ALTERNATIVE ACTION
The council may choose not to approve the new successor MOU between the City and F EA and direct staff to negotiate different terms than stated above.

COORDINATED WITH
City Attorney’s Office, City Manager’s Office, and the Finance Department.

STAFF CONTACT
Farbod Pirouzmand, Assistant City Manager/Director of Human Resources (707) 428-7397
[email protected]

ATTACHMENTS
Attachment 2: Proposed Resolution
Attachment 3: Redlined FEA MOU

CITY OF FAIRFIELD

RESOLUTION NO. 2025-240

AMENDING THE TERMS AND CONDITIONS OF THE MEMORANDUM OF UNDERSTANDING FOR THE FAIRFIELD EMPLOYEES’ ASSOCIATION

WHEREAS, the City Council and the City of Fairfield enacted the Employer -Employee Relations Resolution No. 2001 -185, pursuant to the Meyers -Millias-Brown Act (MMBA), California Government code Section 3500, et. Seq, and representatives of the city manager have met and conferred in good faith with the representatives of the Fairfield Employees’ Association (FEA), the recognized organization for certain employees; and

WHEREAS, FEA has held a successful ratification vote.

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

Section 1. The council hereby approves the Memorandum of Understanding as outlined in Exhibit A for FEA.

Section 2. The city manager is authorized and directed to do all things necessary to implement this resolution.

PASSED AND ADOPTED this 2nd day of December 2025, by the following vote:

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

_________________________________________________
MAYOR
ATTEST:
___________________________

CITY CLERK

MEMORANDUM OF UNDERSTANDING

CITY OF FAIRFIELD
&
FAIRFIELD EMPLOYEES’

ASSOCIATION
July 01, 2022 2025 - June 30, 20252027

Table of Contents

Title Page Number
Article 1 Recognition 1
No Discrimination 1
Article 2 MOU Controlling 1
Article 3 Term Agreement 1
A. Modification of Agreement 1
Article 4 Management Rights 2
Article 5 Compensation Wages 2
A. Wage Adjustments 2
B. Compensation Adjustments 2
C. Bi-Lingual Pay 3
D. Shift Differential 4
E. Certification Premium Pay 4
F. Training Pay 5
G. Dispatcher Proficiency Pay 5
H. Out of Class Pay 5
I. Standby/Callback 6
J. Longevity Pay 7
K. Compensation Study 7
L. Mandatory Rest Periods 8
Article 6 Probationary Period and Merit 8
A. Probationary Period and Merit 8
B. Promotion/Demotion/Flexible Staffing 9
C. Performance Appraisal 9
Article 7 Leave 10
A. Holidays 10
B. Personal Leave 10
C. Vacation 11
D. Compensatory Time Off/Overtime/Fixed and
Alternative Schedules 11
E. Sick Leave Accrual and Use 13
F. Sick Leave Cash Out Options 13
G. Bereavement Leave 14
H. Union Business Time 14
I. Dispatch Center Shift Bidding 14
Article 8 Health, Life Insurance/Other Benefits 15
A. Medical/Dental 15
B. Vision 16
C. Life Insurance 17
D. Deferred Compensation 17
E. Retiree Medical 17
F. Retiree Health Savings Program 18

G. Short and Long-Term Disability 18
Article 9 Uniform Allowance/Boot Reimbursement 18
A. Uniforms 18
B. Boot Reimbursement 19
C. Tools and Tool Allowance 19
D. Prescription Safety Glasses 19
Article 10 Tuition Reimbursement 20
Article 11 Certification /License Fee 20
Article 12 Retirement/PERS 20
A. PERS Benefits 20
B. Employee Contribute Rate 21
C. EPMC 21
D. Pre-Tax Employment Contribution 21
E. Social Security 21
F. Medicare 21
Article 13 Light Duty 21
Article 14 Grievance Procedure 23
A. Definition of Grievance 23
B. Purpose 23
C. Exclusions from Grievance Procedure 23
D. Steps in the Grievance Procedure 23
E. General Provisions 24
Article 15 Weingarten Rights 25
Article 16 Discipline Procedure 25
A. Written Reprimands 25
B. Suspensions, Demotions or Termination 26
C. Time Limitations 28
Article 17 Layoff 28
Article 18 Layoff Procedure 28
A. Statement of Intent 28
B. Notification 28
C. Employment Status and Order of Layoffs 29
D. Vacancy and Demotion 29
E. Displacement of Less Senior Employees 29
F. Seniority 29
G. Re-employment List 30
H. Duration of Re-employment List 30
Article 19 Cross Training 30
Article 20 Transfer Procedure 31
Article 21 Reclassification Procedure 31
Article 22 Miscellaneous Items 32
A. AB119 Union Access to New Employee
Orientation/Member Information 32
B. Payroll Deduction and Pay Over 33

C. Productivity 34
D. Health and Safety 34
E. Retirement Planning 34
F. Compliance with ADA and Other Civil Rights laws 34
Article 23 Reasonable Suspicion Drug and Alcohol Testing 34 Article 24 Severability Provision 35
Article 25 Contracting Out 35
Article 26 Pro Rata Part Time 35
Article 27 Union Security 35
Signature Page 38

1 MEMORANDUM OF UNDERSTANDING REACHED BETWEEN

THE REPRESENTATIVES OF THE CITY OF FAIRFIELD AND

THE SERVICE EMPLOYEES INTERNATIONAL UNION/FAIRFIELD

EMPLOYEES' ASSOCIATION

Whereas, the Service Employees International Union, Local 1021 (SEIU) represents the full-time and pro rata (as defined in Section 43B) general employees and;

Whereas, the SEIU and City have agreed the benefits set forth in this Memorandum of Understanding shall apply to employees represented by the SEIU;

Now, therefore, the City of Fairfield and the SEIU agree to this Memorandum of Understanding as follows:

ARTICLE 1. RECOGNITION
The City hereby recognizes Service Employees International Union, Local 1021, CTW, CLC as the exclusive bargaining agent and representative of City employees represented in the FEA bargaining unit.

No Discrimination: In the administration of this Agreement, no person covered by this MOU shall be discriminated against because of race, national origin, religion, sex, sexual orientation, disability, age, marital status or on the basis of membership or non-membership in the Union, or participation in the activities of the Union.

ARTICLE 2. MOU CONTROLLING
The City's Employee Relations Resolution shall govern City employment, unless the MOU conflicts, in which case the MOU shall control. All City management employees will be provided a copy of this MOU, with instructions that the MOU should be reviewed and followed for all FEA employees, except where a specific section states that this MOU only applies to a certain specific group of FEA-represented employees.

ARTICLE 3. TERM AGREEMENT
The term of this agreement shall be from July 1, 2022 2025 through June 30,20252027.

A. Modification of Agreement
Either party may serve written notice and initial proposals on the other not later than ninety (90) days prior to the expiration of this Agreement, of its desire to amend this agreement.

2 ARTICLE 4. MANAGEMENT RIGHTS
The City shall retain the sole right and authority at its discretion to maintain the order and efficiency of the public service entrusted to it, and to operate and manage the affairs of the City government in all aspects, including, but not limited to, all rights and authority held by the City prior to the signing of this Agreement, except where abridged by a provision or provisions of this Agreement. The Association recognizes that the rights of the City through its Council and Management include, but are not limited to, the exclusive right to determine the mission of its constituent departments and commissions; set standards of service; determine the procedures and standards of selection for employment and promotion; direct its employees, take disciplinary action; relieve its employees from duty because of fiscal limitations, lack of work or for other legitimate reasons; maintain the efficiency of government operations, determine the methods, means and personnel by which government operations are to be conducted; determine the content of job classifications; take all necessary actions to carry out its mission in emergencies; and to exercise complete control and discretion over its organization and the technology of performing its work, including but not limited to, the creation and management of limited-term classifications.

ARTICLE 5. COMPENSATION/WAGES
A. Cash Payments Wage Adjustments
 Effective the first full pay period after the adoption of the successor MOU in July 2022, the City will increase base provide a cash payment equivalent to 3% of hourly wages, excluding any premiums, to

 Effective the first full pay period in July 20236, the City will provide a cash payment equivalent to 1% of hourly wages, excluding any premiums, to increase base

 Employees have the choice of the above cash disbursement or receiving equivalent number of hours off in the first year and the second year of the contract – 62.4 hours in the first year and 20.8 hours in the second year of the contract. These hours will be held in a bank separate from all other accruals and is not cashable. Hours in this bank will have to be taken by June 30, 2027 or forfeited. Effective the first full pay period in July 2024, the City will increase base

B. Compensation Adjustments
The process for market comparison compensation adjustments ended with the final negotiated adjustment in 2007. The parties agree that the process for market comparison compensation adjustments, as described in Section 7. of the MOU that expired June 30, 2008, will not be implemented during the term of this MOU. The parties agree to leave in language from the expired MOU to describe the process for market comparison compensation adjustments, in the event the parties negotiate such

3 compensation adjustments in a subsequent MOU. Retaining a reference to language for market comparison compensation adjustments is not grievable and does not obligate the City to implement such adjustments absent an explicit future agreement.

Process for market comparison adjustments (not effective during term of this MOU):

The City will gather compensation data (base salary less any employee PERS contribution not picked up by the employer) for the benchmark positions represented by FEA, from each of the thirteen survey cities, as identified in the policy adopted by the Fairfield City Council in Resolution No. 2000-156. The internal salary relationships specified in Resolution No. 2000-156 will be used in analyzing compensation for the FEA represented classifications

Below are the thirteen (13) survey cities.

1. Alameda

2. Antioch

3. Concord

4. Hayward

5. Livermore

6. Napa

7. Pittsburg

8. Pleasanton

9. Richmond

10. Sacramento

11. San Leandro

12. Vacaville

13. Vallejo

Prior to commencement of the data collection, a City representative from the Human Resources Department will meet with designated members of FEA to review the benchmark positions recommended by the City. The City will then collect the data, and upon completion of said data collection, review the data with FEA. The City will follow the internal salary relationships as established in Resolution No. 2000 -156 to analyze the data and make salary adjustments accordingly. The City will then meet with FEA to review thes e salary adjustments prior to implementation.

If, as of March 31 st of the year in which compensation is analyzed, the base salary compensation is below the mean of the survey cities, an adjustment will be made to the FEA represented benchmark positions and the related positions based on the internal salary relationship guidelines as established in Resolution No. 2000 -156. The City will inform the FEA on or between March 1 st and May 31 st which positions will be affected and the reason therefore. This base sa lary compensation adjustment will be effective the first full pay period of July, of the year in which the adjustment is made.

The City agrees that in March 2015 in conjunction with the Union, a market study will be conducted on benchmark classifications.

4 C. Bil-Lingual Pay

1. Eligibility
a. Any bilingual employee in a position that necessitates substantial public contact, which may involve the regular and frequent application of bilingual skills, shall be eligible to receive additional compensation. b. Regular and frequent application of bilingual skills shall be defined as utilizing the skill on average of once per week.
c. The eligible second language s for compensations shall be limited to Tagalog and Spanish. Exceptions can be made at the discretion of the Department Head, provided they attest that the employee will meet criteria listed in (a) and (b) above for the additional language.

Human Resources may carry out a biannual evaluation to determine the necessity of bilingual employees within a department.

2. Pay

shall be compensated at an additional $100/month ., Such compensation shall be effective beginning the pay period following testing and certification. The City will choose the languages qualifying for bi -lingual b. Employees who receive bilingual pay acknowledge that th ey are expected to utilize their bilingual skills upon request from other departments, in addition to performing their primary duties.

3. Termination of Bilingual Pay
The bilingual pay may be terminated if/when any of the following occurs:
a. Refusing to use their bilingual skill without justification or frequently refusing to use their bilingual skills.
b. If an employee moves to a new position due to promotion, de motion, or transfer, their bilingual pay will be discontinued until the Department Head submits a new request attesting that the employee’s new position meets the criteria for bilingual skills.
c. If it is assessed that employees are not utilizing their bilingual skills as part of their job responsibilities or if a language service can ad equately meet the department’s needs.
d. Termination of employment.

Employees on leave of absence for a full pay period will not be eligible for bilingual pay during that pay period. Bilingual pay will be reinstated at the start of the pay period following their return to work.

4. Procedure

5 a. Human Resources will conduct bilingual testing twice a year, typically in January and July.
b. The HR Manager will send an email to department heads or their designee requesting the names, language, and classification of employees they wish to have tested.
c. Requests for Testing Outside of the Biannual Sc hedule:
i. If an employee is hired, demoted, promoted, or transferred into a position where the department head deems bilingual skills necessary and the employee meets the eligibility requirements, the department head or their designee may request testing at that time.
ii. Requests must be submitted via email to [email protected] for review and sched uling.
d. HR Review and Approval:
i. Human Resources will review all bilingual testing requests and has the authority to request justification for the need for bilingual skills. ii. HR may approve or deny requests based on the eligibility crit eria outlined in this policy.

D. Shift Differential
Shifts Defined:
 Shifts starting at 4:00 a.m. or later, but before 12:00 noon, are considered day shift.
 Shifts starting at 12:00 noon or later, but before 6:00 p.m., are considered swing shift.
 Shifts starting at 6:00 p.m. or later, but before 4:00 a.m., are considered grave shifts.

A shift is a work period consisting of a minimum of eight (8) consecutive hours.

The City will pay a shift differential of 2.5% of salary to FEA employees in Dispatcher, Lead Dispatcher, and Water Plant Operator I, II, III, and Senior Water Plant Operator, and Public Works Inspector classifications, who perform shift work that includes swing or graveyard.

Public Works Inspectors shall qualify for the shift differential premium if they work at least two (2) days consecutively during evening hours.

The Records Assistant I & II will receive a 5% shift differential. Shift differentials shall be included as part of gross pay for purposes of computing overtime.

Base salary, excluding shift differential, will be used for market surveys and internal alignments.

6 The City will provide a 2.5% shift differential for Community Service Officers and Equipment Mechanics who are working a swing or grave shift as defined in paragraph D above.

Base salary, excluding shift differential, will be used for market surveys and internal alignments .

The City will provide a 2.5% shift differential for the employees working in the Custodian class series who are working a swing or grave shift as defined in paragraph D above.

Base salary, excluding shift differential, will be used for market surveys and internal alignments.

E. Certification Premium Pay
Effective the first full pay period in January 2009, tThe City will compensate employees $100 per month who are required by the City to have and maintain the following certifications: Certified Playground Inspector and Qualified Applicator Certificate.

The City and FEA agree to review the Equipment Mechanic position assigned to the Fire Department within 90 days of Council approval of the agreement to study possible certification premium pay for fire apparatus certifications.

F. Training Pay
The City will provide a 2.5% differential for employees in those Departments that have a formalized training program that has been approved by the Department. Head and the City Manager's Office. Employees shall only receive the differential for those pay periods where the majority of their shifts are assigned for training.

G. Dispatcher Proficiency Pay
Dispatchers who have been at the top step in their pay scale for at least one year and who have all eligibility requirements will receive a lump sum proficiency bonus equal to 7% of salary at top step. Eligibility certification exams are conducted twice a year. The certification period is for a period of three years and begins accruing the first of the month following the dispatcher's completion of six months at top step.

The bonus, accrued on monthly basis, will be paid the on the first pay-date in December (covering the period of December 1 of the previous year to November 30 of the current year). Lead dispatchers do not receive a bonus pursuant to this provision.

H. Out of Class Pay
Employees assigned to work out -of-class shall receive a 5% differential ( calculated on their base rate of pay) on the following conditions:

1. The assignment is made to a higher class that has a 5% or greater pay differential;

7 2. The assignment requires the employee to perform duties included in the job description for the higher class due to either a temporary vacancy or specific short-term work;

3. The assignment is approved by the affected Department Head, or designee; and,

4. The 5% increase will take effect f ollowing the 14 th consecutive calendar day of the out-of-class assignment.

Such temporary assignments are entirely discretionary on the part of the City; no property or other rights may be asserted by grievance or otherwise concerning the City's assignme nt, reassignment or refusal to assign or reassign employees to an out - of-class position.

The entire period of assignment at the higher acting classification, including the initial work demonstration period, may not exceed 60 working days, except by mutual agreement of the City and the employee. Extensions beyond 60 working days also require pr e-approval of the City Manager or his/her designee.

Employees who are members of FEA/SEIU and are given a higher classification acting duty assignment in a classification in another bargaining unit, will continue to have all pay and benefits determined b y this MOU.

The City will not circumvent the intent of this section by using a rotation of various employees in two-week increments. Time served when receiving out of class pay does not count towards the employee's probationary period for the higher c lassification should the employee be subsequently appointed in to that position .

I. Standby/Callback
Employees assigned to work in groups, which operate in a 24/7/365 working environment or in situations deemed appropriate by a department head shall be included for participation in callout/standby.

In the event the department/division has the need for employees to be available for standby work, the employer shall establish a standby list. The employer shall first ask volunteers who wish to be placed on the standby list. In the event there are not an adequate number of volunteers, the employer shall assign all employees in the affected work group to be placed on the standby list. A standby rotation list shall be established to ensure equitable distributio n of shifts. All employees scheduled to work standby shall be compensated as identified in the following paragraphs.

1. Those employees scheduled for normal standby outside of City days of operation will be compensated for six (6)hours of either straight time pay or straight time compensatory time off for all non-scheduled workdays employees are scheduled for standby.

8 2. Those employees scheduled for midweek holiday standby (those holidays falling Tuesday, Wednesday or Thursday) will be compensated for six (6) hours per holiday at straight time pay or straight time compensatory time off.

3. When an employee who is on regularly scheduled standby (weekend or holiday) is called out for duty, the employee will be compensated at the overtime rate to the closest quarter of an hour. Round trip travel time from and to the employee's home will be considered
compensable time. If
the time between the start of the callout and the release from the callout is less than one hour, the employee will receive one hour of overtime compensation. Multiple callouts in the same time period sh all be paid straight through from the start of the initial callout through the last callout when the employee is released. In such instances, there shall not be multiple one-hour minimums.

4. When an employee who is not on regularly scheduled standby is called out for duty, the employee will be compensated at the overtime rate to the closest quarter of an hour. Round trip travel time from and to the employee's home will be considered compensable time. If the time between the start of the callout and the release from the callout is less than four hours, the employee will receive four hours of the overtime compensation. After the initial four hour call out period, for subsequent call outs, employees shall receive two hours of overtime compensation. Multiple callouts in a callout period shall be paid straight through from the start of the initial callout through the last callout within the same callout period.

5. Employees in the Water Distribution/Sewer Division of Public Works who are on voluntary standby /mandatory from Monday through Thursday will be compensated at the overtime rate to the closest quarter of an hour when they are called out for duty. On the last workday of the w eek, in lieu of stand by pay, employees will be compensated at the overtime rate to the closest quarter of an hour when they are called out for duty. Round trip travel time from and to the employee’s home will be considered compensable time for employees wh o live within the required radius, the radius is 35 minutes driving time to the worksite. If the time between the start of the callout and the release from the callout is less than four hours, the employee will receive four hours of overtime compensation. Round trip travel time from and to the employee's home will be considered compensable time for employees who live within the required radius, the radius is 35 minutes driving time to the worksite. If the time between the start of the callout and the releas e from the callout is less than four hours, the employee will receive four hours, the employee will receive four hours

9 of overtime compensation. Such employees on voluntary /mandatory standby have the ability to trade coverage with another employee on the voluntary standby list. Employees who do not wish to work on the night they signed up for voluntary /mandatory standby have the ability to talk with their supervisor in advance of a pr oposed change and request relief for that night or nights. Employees may also request from their supervisor to be removed from the voluntary /mandatory standby list. After the initial four hour call out period, for subsequent call outs, employees shall receive two hours of overtime compensation. Multiple callouts in a callout period shall be paid straight through from the start of the initial callout through the last callout within the same callout period.

6. Beginning January 1, 2009, eEmployees who are called at home by their supervisor shall be paid for the entire call when such call exceeds 10 minutes.

This time shall be considered as time worked and will be compensated at the appropriate rate of pay.

J. Longevity Pay
Full time FEA members will be eligible for additional increases based on their consecutive years of service at the City of Fairfield. The longevity increases shall be as follows:
 10 years – 0.50%
 15 years – 0.75%

K. Compensation Study
The City agrees to make salary adjustments to the FEA classifications that were found to be below 4% of the market median based on the compensation study that the parties agreed to in prior MOU. The City also agrees to not y-rate any classification that is above 4% of the market median. The adjustments will take effect on the second day of the full pay period after adoption of this MOU by the City Council. Wage adjustments will be made after the cash payment under the Section 5.A is calculated. conduct a third-party compensation study for all FEA classifications.

Base on the compensation study reference above, the following classifications will receive are getting wage adjustments.

BUILDING INSPECTOR II

CODE ENFORCEMENT OFFICER I

CODE ENFORCEMENT OFFICER II

CODE ENFORCEMENT OFFICER SR

COMMUNITY SERVICES OFFICER II

CRIME PREVENTION SPECIALIST

ENGINEERING TECHNICIAN I
Formatted: Indent: Hanging: 0.46"
Formatted Table
Formatted: Indent: Hanging: 0.46"
Formatted: Indent: Hanging: 0.46"
Formatted: Indent: Hanging: 0.46"
Formatted: Indent: Hanging: 0.46"
Formatted: Indent: Hanging: 0.46"
Formatted: Indent: Hanging: 0.46"

10 The results of the equity study shall be implemented no later than the term of this agreement. Prior to conducting the compensation study, the parties agree to meet and negotiate on the definitions of total compensation, the consultant both parties use and agree on the benchmark classifications for which the study will be conducted. The Union agrees to pay for half of the study.

The City and Association will meet and confer during the term of this agreement on the benchmark classification for the Building Inspector series and affected classifications and bargain over relevant equity adjustments will be retroactive to the second full pay period after the adoption of this MOU by City Council.

L. Mandatory Rest Periods

1. Crime Scene Investigators/Community Service Officer/Dispatchers Absent emergency operations, employees Crime Scene Investigators called out or working overtime shall be subject to a mandatory minimum rest period of 8 consecutive hours between the end of the preceding regular overtime work shift and the start of the next regularly scheduled shift. When the mandatory rest period occurs during all or part of the normal scheduled work shift, Crime Scene Investigatorsemployees shall be compensated without the use of their leave accruals.

ENGINEERING TECHNICIAN II

ENGINEERING TECHNICIAN SENIOR

HOMELESS ENGAGEMENT WORKER II

JUNIOR ENGINEER

PARK RANGER

POLICE CLERK

POLICE DEPT REC ASST I PT

POLICE DEPT RECORDS ASSIST I

POLICE DEPT RECORDS ASSIST II

POLICE DEPT RECORDS ASST LEAD

POLICE ID TECHNICIAN

POLICE PROPERTY SPECIALIST I

POLICE PROPERTY SPECIALIST II

PUBLIC WORKS INSPECTOR II

PUBLIC WORKS INSPECTOR III

TRANSPORTATION TECHNICIAN I

TRANSPORTATION TECHNICIAN II

TRANSPORTATION TECHNICIAN SR
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11 2. Landscape, Streets, Building Maintenance, Traffic and Water Distribution Divisions
Field employees, working in the landscape, Traffic and Water Distribution above divisionsDivisions called out or working overtime shall be subject to a mandatory minimum rest period of 109 consecutive hours between the end of the preceding overtimeregular work shift and the start of next regularly scheduled shift. When the mandatory rest period occurs during all or part of the normally scheduled work shift, field employees in the above listed divisions shall be compensated without the use of their leave accruals.

ARTICLE 6. PROBATIONARY PERIOD AND MERIT
A. Probationary Period and Merit
Employees represented by this bargaining unit, typically serve a 12-month probationary period.

Probationary periods may be extended for an additional six (6) months, if the employee is not performing satisfactorily. The probationary period is intended to be an extension of the testing process.

When a probationary employee is absent from work due to an industrial injury, the City will not extend the length of the probationary period.

When an FEA represented employee is promoted to another FEA represented classification, other than Dispatcher, the probationary period may be six months as long as they have successfully completed probation in their current position. The six-month probationary period may be extended by an additional six months if performance is unsatisfactory. This six -month probationary period does not apply if promoting into a management position (non-FEA).

If an FEA employee who is promoted to another FEA represented position fails to complete probation, the individual will demote back to their previous position held immediately before the promotion.

B. Promotion/Demotion/Flexible Staffing

1. Promotion:

Upon promotion the employee will receive the salary step of the new classification closest to 5% without going under 5%.

A promotion is defined as moving from one classification to another classification where the top step salary of the new classification exceeds the top step salary of the previous classification. Employees who are promoted to a classification other than Dispatcher will serve a 6-month probationary period.

12 Employees promoted to the position of Dispatcher will undergo a probationary period of 12 months. This period may be extended by an additional six (6) months if the employee does not perform satisfactorily. The probationary period is intended to be an extension of the testing process.

2. Demotion:

Upon demotion, the employee will go to the same step as they had in their previous classification prior to the promotion. Employees who are being demoted and have not held a previous classification with the City will be placed at the same step in the new classification as that held in the previous classification.

A demotion is defined as moving from one classification to another where the top step salary of the new classification is less than the top step salary of the previous classification.

3. Flexible Staffing:

An employee who moves from a I to a II position, will receive the salary step of the new classification closest to 5% without going under 5%.

A flexibly staffed position is defined by a classification series that contains a I and II.

For example, Utility Worker I and Utility Worker II. Employees move from a I to a II designation upon completing the minimum qualifications of the II classification and upon recommendation of management.

4. Merit Date:

The annual review date will change to correspond to the effective date of the promotion, demotion or flexing of the position.

C. Performance Appraisal
Performance evaluations for full-time and part-time employees shall be conducted, as a minimum, at least once each year on the anniversary of their merit date. Performance evaluations may, at the discretion of the Department Head, be conducted more frequently than once each year. Employees shall have the right to review their performance evaluation with the evaluating supervisor, and the employee may submit a written response to accompany the evaluation in the employee's personnel file.

Beginning January 1, 2009, if the performance evaluation has not taken place within thirty (30) days of the anniversary date, the employee will receive their step increase, if eligible, retroactive to their merit anniversary date. The granting of the merit increase under this paragraph does not assume the employee is rated as satisfactory for the rating period.

ARTICLE 7. LEAVE
A. Holidays

13 The City shall grant a total of fourteen (14) paid holidays as follows:
 New Year’s Day
 Martin Luther King Day
 President’s Day
 Memorial Day
 Juneteenth (Observed June 19)
 Independence Day (Observed July 4)
 Labor Day
 Indigenous People’s Day /Columbus Day
 Veteran’s Day (Observed Nov ember 11)
 Thanksgiving
 Thanksgiving – Day after
 Christmas Eve
 Christmas Day
 New Year’s Eve

Holidays that fall on a Saturday shall be observed on the previous Friday and holidays that fall on a Sunday shall be observed on a succeeding Monday.

Sequential holidays falling on a Friday/Saturday or a Sunday/Monday shall be celebrated on a Friday and Monday.

To be eligible for holiday compensation (including in -lieu holiday credit), an employee a new hire must be in a paid status on the regularly scheduled workday immediately preceding the observed holiday.

Those represented employees who receive in -lieu holidays shall receive the same total number of in -lieu holidays as listed above for the other employ ees. At the employee's option, up to three of those holidays shall be paid, and the remainder will be added to vacation accrual.

B. Personal Leave & Cash-Out:

FEA employees shall accrue 50 hours of personal leave annually. FEA employees shall be allowed to cash out up to 40 hours of personal leave earned on or after April 1, 1994. All personal leave accrued by FEA employees, shall be capped at an amount not to exceed two (2) times the annual accrual rate. FEA employees exceeding the limit shall be given a reasonable period of time to comply with this provision. Upon separation from the City, employees shall be paid for any unused personal leave hours.

C. Vacation
Vacation leave with pay shall accrue on the following basis:

14 Years of Service
1 through 3 years employment
Beginning of 4 through 10 years employment
Beginning of 11 through 15 years employment
Beginning of 16 through 20 years employment
Beginning of 21 and over years employment
Number of Hours Accrued per Pay Peri od

3.080

4.616

6.464

6.768

7.080

The maximum vacation hours that may be accrued are 2.0 times the employee's current annual accrual rate.

During the first six months (6) of employment no vacation may be taken; upon completion of six months (6) of continuous full -time service, vacation accrued during the previous six months period may be taken.

Vacation credit is earned during each anniversary year (in the pay period of an represented employee’s your anniversary date) at the rate indicated above.

Vacation credit is earned on a biweekly basis and expressed in terms of hours available on the biweekly check stub. The vacation balance on the check stub will also include "in- lieu" holidays earned.

Vacation Cash-Out:

FEA represented employees may cash out up to 32 hours of their vacation balance each calendar year; provided, however, that employees exercising their option to cash out must maintain a minimum balance of 80 hours of vacation after the cash out.

Upon separation from the City, employees shall be paid for any unused vacation credit.

D. Compensatory Time Off/Overtime and Alternative Schedules Employees will be eligible for overtime for all hours worked over forty in a workweek;. Entitlement to overtime at a 1.5x factor shall be based on hours worked.

Holidays paid but not worked shall be considered as time worked for purposes of calculating overtime with in the same work week. When an employee has not worked forty hours in a workweek, overtime will be compensated at 1.0x factor.

At the discretion of the City, FEA agrees that overtime compensation may be paid as compensatory time off (CTO) or in pay, at t he rate of 1.5x hours per each hour of overtime actually worked. Employees desiring to use accrued CTO must request use of CTO as far as reasonably possible before the date time off is requested.

All employees covered by this MOU will be able to accrue up to 100 hours of comp time.

Formatted Table

15 Employees with one (1) or more year of service in the City of Fairfield may cash out up to 25% of their existing CTO balances in the months of May and November.

Alternative Schedule: The City agrees to consider a request made by an employee or a majority of FEA represented employees in a department or major division of a department to change to an alternative work schedule, such as 9/80 or 4/10. Where such accommodations can be made, requests may be granted by the department head. At such time that the department head decides that the schedule does not meet service needs, the employees shall be reassigned to their original schedule.

Except in emergencies or by mutual agreement, employees will be given at least two (2) weeks' notice.

Shift Extension: Hours worked as an extension of a scheduled work shift or on a City- observed holiday will be paid at the 1.5x factor, calculated to the closest quarter of an hour.

Scenarios where overtime compensation is applicable are provided below for illustrative purposes.

The work week for 9/80 schedules occurs from noon on Friday to noon on the following Friday (including 1st & 3rd Fridays off)

1. Holiday Worked & Overtime
A. For scheduled work with at least 24-hour prior notification -if worked full additional shift on the holiday and worked less than 40 hours: OT 1.5x -if worked full additional shift on the holiday and worked more than 40 hours: OT 1.5x -if worked less than a full additional shift on the holiday and worked less than 40 hours:

OT 1.5x
-if worked less than a full additional shift on the holiday and worked more than 40 hours: OT 1.5x

B. If called in (not scheduled)
-if called in to work: OT 1.5x, including holidays

2. Overtime & employee has not worked 40 hours
A. If called back in to work: OT 1.5x
B. Scheduled in for less than a full shift: OT 1.0x until 40 hours worked, then 1.5x C. Scheduled in for a full shift: OT 1.5x

3. Overtime and hours worked on regular day off/weekend (40 hours worked) A. If called in to work: OT 1.5x
B. If 40 hours not worked, see #2 above

4. Overtime and other Alternate Work Weeks
(5/8 schedule excepted since=40 hrs)

16 Any hours worked over 40: OT 1.5x

E. Sick Leave Accrual and Use
Employees shall receive twelve (12) working days of sick leave with pay for each full year, accrued biweekly. Employees are eligible to use sick leave as it is accrued. There shall be no limit on the amount of accumulated sic k leave. Sick leave shall be allowed and used solely for cases of actual person sickness or disability, medical or dental treatment, or as authorized for other necessa ry health reasons and may be used by the employee for attendance upon a member of his/her immediate family who is seriously ill and requires care and atten tion by the employee, or for medical/dental appointments.

For purposes of this section immediate family is defined as mother, father, step -mother, step father, mother -in-law, father -in-law, spouse, domestic partner, son, daughter, brother, sister, foster parent, foster child, step child and child for whom the employee is the legal guardian, grandchild, or grandparents. Employees are not required to divulge their illness to their supervisor; however, the employee may be required to provide suppo rting information or documentation pursuant to the City's sick leave policy. The supervisor does have the authority to ask if the employee is contagious, and if so, direct the employee to remain at home until the employees physician has cleared them to return to work.

Departments have the ability to develop and implement sick leave call -in procedures , which coincide with business necessity.

F. Sick Leave Cash Ou t Options

1. Annual Cash Out/Deferral for Excess Sick Leave
On an annual basis, for hours accrued above 500400, employees must elect to receive a distribution of sick leave hours in cash or make a contribution to a qualifying deferred compensation account or a Retiree Health Savings Reimbursement Account account (HRARHS), determined by employee.

If employees elect to receive cash for their excess hours in excess of 400, they will receive 50% of the value of those hours at their corresponding hourly base rate of pay.

If employees elect to contribute excess hours to a qualifying deferred compensation or RHS HRA account, they will receive 895% of the value of those hours at their corresponding hourly base rate of pay.

2. Sick Leave Upon Retirement
Employees who r etire from City service may have 25% of their sick leave accrual balances at the time of retirement in cash, deferred com pensation

17 account, or Health Reimbursement Account. The remaining 75% of the balance will be credited to their CalPERS pension account for service credit.

Employees who retir e from City service may also elect to put all sick leave hours towards retirement.

Sick Leave Cash Out upon Retirement

4. Sick Leave Cash out with Death
If any employee dies after completing one (1) full year of employment, their beneficiary shall be entitled to reimbursement for 50% of accumulated unused sick leave.

5. Sick Leave Cash Out with Duties Related Death
If an employee dies due to a duty -related death, their beneficiary shall be entitled to reimbursement for 100% of accumulated unused sick leave.

G. Bereavement Leave
Department Heads may grant their employees up to a maximum of five (5) days of bereavement leave in the event of a death or serious traumatic injury or illness in the employee's immediate family. The City Manager may grant up to a total of ten (10) days of bereavement leave additional bereavement leave Per Administrative Policy 200.23 “Bereavemen t”. For the purposes of this section, Iimmediate family is defined as:

 parent/parent -in-law/stepparent/foster parent
 spouse, domestic partner
 child/stepchild/foster child/child for whom the employee is the legal guardian  sibling
 grandparent
 grandchild

mother, father, step -mother, step -father, mother -in-law, father -in-law, spouse, domestic partner, son, daughter, brother, sister, foster parent, foster child, step child and child for whom the employee is the legal guardian, grandchild, or grandparents.

Exceptions will be considered by the City Manager. Additionally, bereavement leave will not be deducted from sick leave and does not accrue to any employee as vested leave.

A "serious traumatic injury or illness" is defined as a sudden and unexpected event, which requires prompt and immediate attention from the employee without delay. It may also include attending to the need of an immediate family member who is expected to die in the immediate future. Bereavement leave shall be taken within 3 months immediately in conjunction withof the event of death or serious traumatic injury or illness.

18 H. Union Business Time
The City and FEA agree that the number of FEA members who can participate in negotiations is greater than two (2), as referenced in Resolution No. 2001 -185. The number of FEA members will be agreed upon in advance of commencing bargaining between the Director of Human Resources or designee and FEA. In no event, will the number of FEA members be greater than five (5) employee members, or as mutually agreed upon between the Director of Human Resources or designee and FEA. Employees shall be responsible for re porting back to work promptly after the conclusion of any formal meet and confer sessions.

The City may grant requests for paid time for members , including but not limited to the FEA Chapter President, to attend training and union business during members' normally assigned work hours, such as , FEA Board meetings and annual FEA Board training sessions and any other valid Union business not expressly listed here , with the understanding that such release t ime for any employee shall not exceed six (6) hours per calendar month . This limit does not apply to member who are participating in negotiations. Requests will be made by the FEA President (or designee) to the Director of Human Resources or design ee. The Director of Human Resources or designee shall base the decision on the operational needs of the City.

On a case -by-case basis, the City may provide release time to attend union functions other than board meetings and board training sessions. The employee a nd an FEA officer shall certify the employees' attendance at the meeting(s) in question for the approved time. Regardless of how many general members hip meetings are held a year, FEA shall be permitted to hold a maximum of one two (21) general membership meeting annually on City time and City property. The first two general membership meetings of the year shall be the paid meeting. For all general membership meetings, approval of attendance for members will be subject to approval and b ased on the operational needs of the City. Such release from dutymeetings shall be no longer than thirtyone (130) hourminutes in duration. Any additional meetings are subject to approval by the Director of Human Resources.

The City will allow FEA access to work locations and use of City facilities in accordance with Resolution No. 2001-185. The City shall waive rental and set up fees for FEA membership meetings.

I. Dispatch Center Shift Bidding
 Shift bidding : This process will be conducted annually for three 4 two 6- rotations beginning in January and July. and sShifts will be selected by on their seniority within the dispatcher classification . No shifts will be emptively reserved for Supervisors in advance of prior t o the bidding Dispatchers. Where To the extent possible, dispatchers who are within of service following the after completion of training will be placed management to ensure balanced coverage , and appropriate oversight , and continued training occursopportunities .

19  Vacation Bidding: This process will take place following the completion of shift bidding. Once all dispatch staff have made their shift picks for the their seniority within their dispatch classification.

ARTICLE 8. HEALTH/LIFE INSURANCE/ OTHER BENEFITS
A. Medical/Dental
Full-time eEmployees are eligible for health and dental coverage beginning the first day of the first month after date of hire.

Effective in the first full pay period after City Council approval, the City will increase its contribution to medical and dental benefits to 95 percent of the increase in premium for the $35 Kaiser copay plan and the Cigna Dental HMO plan. This The City contribution will be a 95 percent/5 percent sharing between the City and the employee for increases in premium to medical and dental insurance based on the $35 Kaiser copay and the Delta Dental HMO plan will continue to be based on this methodology for the term of this Agreement.

If, during the term of the Agreement, Kaiser no longer offers the medical plan described and/or the Delta DentalCigna HMO is no longer offered, the City will adjust its medical/dental plan contribution for employees to the Kaiser plan with the lowest premium at the applicable rate, and the Dental Health Maintenance Organization (DHMO) plan with the lowest premium at the applicable rate. The City’s contribution will be the amount the City was contributing toward the discontinued plan at the time it was removed, not to exceed the total premium cost of the lowest-cost available plan.

The City will maintain the financial contribution toward medical benefits upon the expiration of the contract until replaced by a successor agreement. Financial contribution is defined as the dollar amount of the City contribution as of July 2016.

The City will advise the bargaining unit of healthcare premium renewals and will schedule a meeting with the City’s broker of record to allow units to ask questions about the rates and plans.

B. Health Insurance Opt-Out

Employees providing proof of other coverage may drop health/dental coverage and receive taxable income, may qualify to receive up toof $518 per month in taxable income by choosing to opt-out of medical and/or dental coverage, provided they meet the following requirements.

1. Employees opting out of City health coverage for themselves and eligible dependents for whom coverage is waived must certify that they have alternative Minimum Essential Coverage (MEC) as defined by the Patient Protection and Affordable Care Act (ACA) by signing an attestation form.

20 2. Every year, during the City’s annual open enrollment period, employees must recertify that they and eligible dependents are enrolled in alternative MEC by completing a written attestation.

3. Employees understand that the City is legally required to immediately stop conditional opt-out payments and enroll them into the City’s most cost efficient health plan if it is determined that they or any eligible dependents do not have alternative MEC, or if they fail to recertify annually by providing a complete written attestation during open enrollment.

4. Employees agree to notify the City within 30 days if they or any eligible dependents loses coverage under the alternative MEC plan. Additionally, the employee understands they will be responsible for repaying any opt-out payments received while they or their family members were not covered under an alternative MEC plan.

For the purpose of medical cash back, “other coverage” is defined as active health and/or dental insurance that is obtained through a provider other than a federal marketplace, a state exchange, or an individual policy.

Employees electing dental only receive $518/month, less the cost of the premium for the dental plan in which they have enrolled. Employees electing medical only do not receive any payments.

BC. Vision
Employees are eligible for vision coverage the first of the month following date of hire.

The City will pay the premiums for basic vision care coverage under the VSP basic plan. contribute toward the cost of any plan other than those specifically sponsored by the City.

The City will pay the premium for vision care coverage only under the Kaiser Plan or Health Net, unless negotiated otherwise by the City's insurance broker. For employees not covered by Kaiser (Health Net), the City will reimburse up to a maximum total of $300 per calendar year for the employee and his/her immediate family for eye exam and prescription glasses/contacts. Receipts are required. Amounts not used in any year cannot be carried forward to future years. The vision reimbursement applies only to medical plans that do not have a vision benefit rider. Employees not enrolled in a medical plan are not eligible for vision reimbursement.

Employees have the option to set aside pre-tax dollars for reimbursement of eligible medical and dependent care expenses. Allocation amounts must be determined within 30 days of date of hire and at every open enrollment for the following plan period.

21 These funds can only be used for IRS-approved medical and/or dependent care expenses incurred during the plan period and any unused allocation will be lost.

E. Life Insurance
For basic life insurance, employees covered by this MOU will be eligible the first day of the first month after date of hire. The City shall provide $50,000 per represented employee of group term life insurance.

For supplemental life insurance, employees covered by this MOU will may be able to purchase coverage equal to six (6) times their annual salary or up to $500,000 whichever is greater , subject to carrier approval . Health questionnaires may beare required for the purchase of the Supplemental Life Insurance.

DF. Deferred Compensation
During the term of this Agreement, the City shall continue to contribute $75/month plus

1.0% of base salary per employee towards a City-offered deferred savings account selected by the employee. Employee contribution is optional.

EG. Retiree Medical
Employees may continue enrollment in the City retiree health plans at their option, and at their cost, upon retirement. Employees will be allowed a one-time irrevocable election at the time of retirement to elect retiree coverage. Retirees may be enrolled in either the health, dental, or vision plans, or any combination thereof. Retirement shall mean employees who retired from the City of Fairfield with a PERS retirement at the time if separation and who remain continuously retired under PERS.

Retirees are responsible for paying the full cost of the premium by the due date set by the City. If payment is not timely received, the retiree and any spouse or dependent, shall be terminated from the program without right to re-enroll at a later date.

Retirees must enroll in a Medicare -supplement plan when they become eligible for Medicare, presently at age 65. Failure to enroll in a Medicare-supplement plan will result in termination from the program. The Medicare premiums is the responsibility of the retiree.

In the event of a death of a retired employee, the surviving spouse and dependents who are participating in the plan at the time of death, may continue on the City health insurance plan at their own cost.

The decision by the employee to participate or not in the Retiree Medical Benefit Plan is irrevocable.

e. For all retirees, once health, and dental, and/or vision coverage is terminated, it later reinstated.

22 F.H. Retiree Health Savings Reimbursement Arrangement Program The City has established the MissionSquare Retiree Health Reimbursement Savings Arrangement (HRA) program. Th ise Retiree Health Savings program has the following attributes: tax -free treatment of health benefits, tax -deferred treatment of earnings and payments, ability to charge any health premiums and unreimbursed health costs (not just City health plans), assets remaining after employee's death go to spouse and/or eligible dependents.

Effective the first full pay period in January 2009, t The City shall contribute $50.00 per month per employee toward this program.

GI. Short and Long -Term Disability

1. Short-Term Disability Insurance
The City administers the self -funded Short -Term Disability (STD) plan. The STD benefit schedule shall match the State Disability Insurance (SDI) schedule. The benefit commences after a 7 -day waiting period, or immediately, if hospitalized. Coverage is for non -industrial injuries for a maximum of 180 days. An employee is eligible the first of the month after three (3) months' continuous employment. The employee will pay the monthly premium, which is currently $6, and may be adjusted annually based on an actuari al study.

2. Long-Term Disability
Employees will be eligible the first day of the first month after date of hire.

There will be a 180-day waiting period after the date of the injury or illness causing the disability before employees are eligible for benefits. The maximum benefit will be equal to 60% of salary, subject to the benefit maximum. The City reserves the right to change insurers at its sole discretion.

ARTICLE 9. UNIFORM ALLOWANCE/BOOT REIMBURSEMENT
A. Uniforms
The City will provide uniforms, shirts or coveralls to Public Works field crews. Other employees may be provided shirts or coveralls at the City's discretion. Cleaning or laundering of the uniforms or coveralls will be the responsibility of the employee.

Departmental procedures regarding standards for upkeep and presentability, damage at work, replacement, and so forth, will govern uniform use.

Employees who are on leave without pay status in a full pay period will not receive uniform allowance for said pay period.

Represented full time employees with a uniform allowance shall have that uniform

23 Classification Annual Amount
 Code Enforcement Officer $875
 Community Service Officer $875
 Dispatcher I/II $875
 Lead Dispatcher $875
 Park Ranger $875
 Crime Prevention Specialist $875
 Crime Scene Investigator $875
 Fire Inspector I/II $875
 Fire Plans Examiner/Inspector III $875
 Fire Prevention Specialist $425
 Fire Department clerical $325
(includes Office Specialist, Office Assistant classifications, Administrative Technician I/II working full-time in the Fire Department)

Subject to the discretion of the Department Head or designee, employees receiving a uniform allowance shall be required to wear their uniform while at work.

Payment for the uniform allowance will be made in two equal payments, which shall be issued the first pay date in June and the first pay date in December to each affected eligible employee who has completed six (6) months of continuous service in an eligible assignment prior to the payment date. For those who have less than six (6) months of continuous service prior to the date of issuance, the allowance shall be pro-rated.

B. Safety Boot Reimbursement
For employees required to wear boots, the City shall reimburse employees up to The City will provide boot reimbursement based on the following tiers to support employees whose job duties require specific types of footwear for safety, durability, and functionality.

Reimbursement Tiers
Tier 1 – Safety Boot Reimbursement ($250 Annually)
Employees in classifications that require full safety footwear are eligible for reimbursement of up to $250 per c alendar year, provided the footwear meets all of the following criteria:

1. Durable uppers: Defined as leather or synthetic material

2. Ankle-height or above: defined as boots that fully cover the ankle bone when worn

3. Steel or composite toe

4. Slip- or oil-resistant soles

5. Omega or Electrical Hazard (EH) rating

24 Only classifications marked with an asterisk are required to meet the Omega or EH Rating and will be allowed an d aAdditional $50 reimbursement.

Tier 1 applies to the following classifications:

 Building Inspector  Parts/Stores Specialist *
 Building Maintenance Worker*  Parts/Stores Specialist Senior *  Cross Connections Specialist  Public Works Inspector  Cross Connection Specialist Senior  Traffic Control/Signal Technician  Equipment Mechanic*  Traffic Control Maintenance Worker  Equipment Mechanic Senior *  Utility Worker
 Fire Inspector I/II  Utility Worker Senior
 Instrumentation Technician I/II *  Homeless Engagement Worker  Instrumentation Technician Senior *  Water Distribution Operator  Mechanical/Electrical Technician II *  Water Distribution Operator Senior  Water Distribution Worker Senior

Tier 2 – Slip-Resistant Footwear Reimbursement ($175 Annually) Employees in classifications that require durable, slip -slip resistant footwear but not full safety boots are eligible for reimbursement up to $175 per calendar year, provided the footwear meets the following criteria:

1. Durable uppers: Defined as leather or synthetic material

2. Ankle-height or above: defined as boots that fully cover the an kle bone when worn*

3. Slip-resistant soles

4. Close toe and heel

*Only classification marked with an asterisk are requ ired to be ankle -height or above

Tier 2 applies to the following classifications:

 Community Service Officer *  Landscape Maintenance Inspector*  Crime Prevention Specialist *  Utilities Compliance Coordinator*  Code Enforcement Officer*  Water Plant Operator*
 Crime Scene Investigator*  Water Quality Lab Analyst  Custodian  Water Service Representatives
 Custodian Lead

Guidelines

1. Employees are responsible for selecting footwear that meets the above - mentioned criteria.

Formatted: Indent: Left: -0.02", First line: 0.02", Bulleted + Level: 1 + Aligned at: 0.25" + Indent at: 0.5", Tab stops:

0.17", Left
Formatted Table
Formatted: Indent: Left: -0.02", First line: 0.02", Bulleted + Level: 1 + Aligned at: 0.25" + Indent at: 0.5", Tab stops:

0.17", Left
Formatted: Indent: Left: -0.02", First line: 0.02", Bulleted + Level: 1 + Aligned at: 0.25" + Indent at: 0.5", Tab stops:

0.17", Left
Formatted: Indent: Left: -0.02", First line: 0.02", Bulleted + Level: 1 + Aligned at: 0.25" + Indent at: 0.5", Tab stops:

0.17", Left
Formatted: Indent: Left: -0.02", First line: 0.02", Bulleted + Level: 1 + Aligned at: 0.25" + Indent at: 0.5", Tab stops:

0.17", Left
Formatted: Indent: Left: -0.02", First line: 0.02", Bulleted + Level: 1 + Aligned at: 0.25" + Indent at: 0.5", Tab stops:

0.17", Left
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0.17", Left
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25 2. Reimbursements require submission of an item ized receipt showing date of purchase, proof of payment, along with either a product link or detailed product information (such as brand, model, and specifications) unless those details are already on the receipt. The City reserves the right to verify the footwear meets policy criteria before reimbursement is approved.

3. Reimbursement is limited to two pairs of qualifying boots or shoes per fiscal year, up to the maximum dollar amount for the employee’s assigned tier. Request for reimbursement of more than one pair must be submitted together. Separate submissions for individual pairs made at different times within the same discal year wi ll not be eligible for reimbursement, regardless of whether the employee has utilized that maximum amount allotted within their tier.

4. Reimbursement will be issued via a separate check and are not subject to payroll taxes.

New Classifications
If any new classifications are created or e xisting classifications are modified in a way that may require the use of safety or slip -resistant footwear, the City will meet and confer with the applicable employee representatives to evaluate whether the classification should be added to the approved list and to determine the appropriate reimbursement tier.

Voucher Program
The City of Fairfield and the Association agree to meet and confer during the term of this MOU to explore the creation of a voucher program whereby employee boot purchases could be made directly through pre -approved vendors.

C. Tools and Tool Allowance
The City will pay for reasonable replacement or repair of personal tools damaged at the work place in the normal course of business where such damage is not covered by tool warranties.

Eligible employees will receive an annual tool allowance of $400, on the first pay date in June. Only those employees in the following classifications shall be entitled to such an allowance:
 Equipment Mechanic I/II
 Senior Equipment Mechanic
 Equipment Service Worker I/II
 Fire Equipment Mechanic I/II
 Senior Fire Equipment Mechanic

D. Prescription Safety Glasses

26 For employees required to wear safety glasses and respirator masks, the City reimburse employees
and/or respirator mask inserts/spectacles. An employee may receive the allowance annually if they can provide a letter from a physician certifying that they have experienced a prescription change which would require new safety glasses and/or respirator mask inserts/spectacles. Receipts are required. paid by separate check and are not subject to payroll taxes.

ARTICLE 10. TUITION REIMBURSEMENT
Annual tuition reimbursement per calendar year shall be $6,000. The City will provide a tuition and books reimbursement program for educational activities which are approved in advance by the Department Head, subject to reimbursement guidelines established by the City's Director of Human Resources.

ARTICLE 11. CERTIFICATION/LICENSE FEE
Employees who are required by the City as a condition of employment or continued employment to obtain state certification or licensing in the field in which they are employed by the City shall be reimbursed by the City for the actual cost of such certificate or license.

ARTICLE 12. RETIREMENT /PERS
A. PERS Benefits
The City's contract with the Public Employees' Retirement System (PERS) shall provide for the following benefits:
 2.7% @ 55 retirement plan (21354.5)
 Death benefits — Basic Level (21532)
 1959 survivor's benefit (Level IV) (21574)
 Continuation of Pre -Retirement Death Benefits After Remarriage of Survivor (21551)
 Industrial Disability Retirement for Miscellaneous Members (21151)  PERS unused sick leave credit option (20965)
 Single highest yea r coverage (20042)
 Military service credit as public service (21024)
 Employee Sharing Cost of Additional Benefits (20516)

Effective July 1, 2012, the City shall adopt a two tier retirement system which shall apply to all employees hired after the effective date and subject to PERL. The benefits of the second tier are as follows:
 2.5% @ 55 retirement plan (21354.5)
 Death benefits — Basic Level (21532)
 1959 survivor's benefit (Level IV) (21574)
 Continuation of Pre -Retirement Death Benefits After Rema rriage of Survivor (21551)

27  Industrial Disability Retirement for Miscellaneous Members (21151)  PERS unused sick leave credit option (20965)
 Three year average (20042)
 Military service credit as public service (21024)
 Employee Sharing Cost of Additional Bene fits (20516)

Effective January 1, 2013 employees who are hired and are for purposes of PERS considered new employees as defined by PERL are eligible for 2%@62 with a three year average for final compensation. Employees in this group will pay 50% of the normal cost as determined by PERS.

B.C. Employee Contribution Rate
Effective the first full pay period in 2017 after Council approval, employees will pick up an additional .75 percent of PERS cost for a total of 9.75 percent. Effective the first full pay period of July 2018, employees will pick up an additional .75% of PERS cost for a total of 10.5 percent.

C.D. EPMC
In 2017, Employer Paid Member Contribution (EPMC) of .75 percent is reported to PERS as salary for PERS retirement purposes only.

D.E. Pre-Tax Employment Contribution
Employee contributions will be paid pre-tax under IRS section 414 (h) (2).

E. Social Security
In the event the City and its employees are required to participate in the Federal Social Security program, the contribution designated by law to be the responsibility of the employee shall be paid in full by the employee and the City shall not be obligated to pay or "pick -up" any portion thereof. If the City is forced to join Social Security, any new employees thereafter will be placed in a 2.7% at 55 PERS or other retirement plan in effect that coordinates benefits with Social Security. The City agrees to discuss with FEA the coordinated retirement plan at least thirty (30) days prior to implementation.

F. Medicare
All employees hired on or after April 1, 1986 shall contribute a portion of their gross salary (1.45%) for Medicare coverage as determined by federal regulations.

ARTICLE 13. LIGHT DUTY
Light duty may be provided for employees who are unable to work due to injury or illness from either industrial or non-industrial causation. Further, workers' compensation law and disability plans provide that an employee is not entitled to temporary disability benefits if suitable light duty work is available. The basic principles are as follows:

28  The employee is temporarily not able to resume full duty, but is capable of performing some work duties.
 The employer may develop a light duty work assignment commensurate with the employee's temporary work restriction.
 If the employer is unable to offer light duty work, the employee is entitled to continued temporary disability benefits until the employee is able to resume normal duties, or is permanent and stationary, whichever is earlier.  If the employee declines suitable light duty work, the employee is no longer entitled to temporary disability benefits.

It is the City's policy to temporarily provide light or modified duty work assignments, when possible, and in accordance with the MOU's, to all injured employees until they can return to full work status. However, the City is under no obligation to provide light or modified duty if there is none available .

A physician may return an injured employee to duty with work restrictions prior to releasing the employee to his/her regular full work duties. It is important that the treating physician understand the physical job demands of the injured worker in order to prescribe the proper work restrictions. The City must communicate to the treating physician the essential functions of the job classification is that necessary work restrictions may be determined. Risk Management consults with the physicians to provide this information on an as needed basis.

A "light duty" assignment is made when an employee's work restriction (s) can be temporarily accommodated within his/her normal duties. A "modified duty" assignment is made when an employee's work restriction(s) is considered to be permanent and their position duties are accommodated to allow for the work restriction.

Under this policy, Supervisors have the added responsibility to ensure that any and all work restrictions specified by the treating physician are rigidly adhered to and enforced during the period of light or modified duty assignment, and employees are required to adhere to the work restrictions. While on light or modified duty, employees will receive their regular rate of pay in most circumstances.

Light and/or modified duty assignments shall be considered flexible and adaptable to meeting the particular needs of both the disabled employee and the department. This may include assignments of less than eight (8) hours a day, frequent breaks, the use of modified work stations, and so forth. Each situation will be evaluated on an as -needed basis. The assignment of a light or modified duty position s hall not be considered a permanent job placement.

If an employee is released by his or her treating physician to light or modified duty, Risk Management follows up with the department to determine whether the employee can be returned to work in a light du ty mode. If the department does not have a light or modified duty assignment for the employee, the employee receives temporary disability payments for

29 industrial injury or illness, and may be eligible for short term disability benefits for non - industrial i njury. The City may assign employees to light duty work in other departments or divisions provided that the work duties are appropriate for the skills of the employee and the work restrictions.

ARTICLE 14. GRIEVANCE PROCEDURE
A. Definition of Grievance
A grievance is defined as an allegation by the Union or an individual covered by the Memorandum of Understanding (MOU) that the City has violated: (a) an express term of the MOU; (b) a written personnel rule or regulation in the City within the scope of representation of the MMBA; or (c) an established City policy governing personnel practices or working conditions within the scope of representation of the MMBA.

B. Purpose
The purpose of this grievance procedure is to ensure an orderly method whereby employee complaints are considered and resolved rapidly and fairly.

C. Exclusions from Grievance Procedure
Disciplinary actions (including without limitation dismissals, reprimands, suspensions, demotions or disputes concerning pay increases, performance appraisals, and layoffs are not subject to the grievance procedure.

D. Steps in the Grievance Procedure
It is the intent of the parties to deal with and settle grievances informally, promptly and fairly, and at the nearest practical organizational level.

Step 1: Informal Discussion
In any instance of grievance, the employee or employees concerned shall first make efforts to resolve such grievance informally with their immediate supervisor, manager, or person of authority to resolve the issue, within twenty (20) calendar days following the occurrence of the events on which the grievance is based or when the Union became aware of the events.

Step 2: Written Grievance
If a mutually satisfactory solution of a grievance is not reached at step 1, then the aggrieved party or Union shall submit a formal written grievance to the Human Resources Department within fourteen (14) calendar days of the informal discussion. The Department Head or other relevant City representatives shall meet with t he employee or Union to ascertain the facts and attempt to resolve the grievance. The City shall have fourteen (14) calendar days in which to hold such meeting and officially respond to the grievance.

Step 3: Mediation

30 If the grievant is not satisfied with the City's response, the grievant shall have fourteen (14) calendar days to submit a written request for mediation. Such request shall be submitted to the Human Resources. The parties shall request from State Mediation and Conciliation Service a media tor they have jointly agreed upon. The Mediator's role is to assist the parties in reaching a mutually acceptable voluntary resolution to the grievance.

In the event either party does not believe that a settlement can be reached, Step 3 of the grievance p rocedure may be waived by mutual agreement of the parties , and the matter shall be referred directly to an impartial arbitrator in accordance with Step 4 of this Section.

Step 4: Arbitration
If the grievance is not resolved at Step 3, the Union may require that the grievance be referred to an impartial arbitrator who shall be designated by mutual agreement between the Union and the City Manager or his/ her designee. The request for arbitration shall be made in writing within fourteen (14) calendar days following the date of mediation.

In the event the parties are unable to agree on an arbitrator, the parties shall solicit from the State of California Mediation and Conciliation Service a list of seven (7) neutral arbitrators. After the receipt of th e list, the parties shall alternatively strike arbitrator's names from the list until one (1) arbitrator's name remains. Coin toss will choose the party to strike the first name.

The fees and expenses of the arbitrator and of a Court Reporter shall be shared equally by the Union and the City. Each party, however, shall bear the cost of its own presentation, including preparation and post hearing briefs, if any.

The Arbitrator shall determine relevancy, weight and credibility of testimony and evidence, and shall base his/her findings and recommendations on the preponderance of the evidence. The Arbitrator shall render in writing his/her recommendations as soon after the conclusion of the arbitration as possible.

The Arbitrator's recommendations will be advi sory and shall be submitted to parties. The City Manager shall consider the recommendation and render a final decision.

E. General Provisions

1. Requirements for Written Grievances
Grievances must contain the following information in order to be considered:
(a) the grievant' s name and classification; (b) a list of those specific policies or MOU provisions alleged to have been violated; (c) a statement of the facts and circumstances supporting the grievance; (d) a description of all relief

31 requested; and, (e) the address where the grievant wishes grievance responses to be postmarked or emailed.

2. Receipt of Grievance
Grievances may be hand delivered, sent via email or sent certified mail via US Post. If the grievance is transmitted by electronic mail the receiving party shall send a confirmation email upon receipt.

3. Time Limitations
If a grievant fails to advance the grievance to the next step, as specified in this procedure, the grievance shall be considered withdrawn. If the City fails to respond within the time specified in this procedure, the grievance shall be considered advanced to the next step. Notwithstanding any provision in this section, any time limit or stage of procedure specified in this section may be waived or modified upo n the written consent of all parties involved.

4. No Work Disruption
During the determination of a grievance herein, there shall be no interruption of scheduled work relating to the grievance. Whenever reasonably feasible, grievances shall be handled during the regularly scheduled working day hours of the parties involved, and at a mutually convenient time for all affected persons.

5. Other Rights
This grievance procedure is without prejudice to any existing independent legal rights of FEA regarding contract enforcement.

6. No Retaliation
No party shall retaliate against any grievant, party or witness for exercising rights under this grievance procedure.

ARTICLE 15. WEINGARTEN RIGHTS
When a City employee is subjected to an investigative interview, and the employee reasonably believes that the interview could lead to disciplinary action, the employee is entitled to a union representative.

ARTICLE 16. DISCIPLINE PROCEDURE
As used in this section, working day shall refer to the working day of the party involved (employee, supervisor, Division Head, Department Head, City Manager and/or their designees), depending upon whose response or action is pending. Supervisors will handle disciplinary matters in a confidential, professional and respectful manner. Proposed discipline shall be for just cause. Probationary employees may not appeal terminations.

32 At employee’sOn the employee’s written request only, disciplinary outcomes will be removed from the employee’s personnel file under the following conditions:

1. Written reprimands may be removed after two years.

2. Suspension of less than 5 working days may be removed after three years.

3. Suspensions of 5 working days or more may be requested for removal from the Department of Human Resources. Director of Human Resources may or may not approve this request. The Director’s decision is not subject to the grievance process.

A. Written reprimands may be appealed to the Department Head. The Department Head shall schedule a meeting with the employee and his/her Union representative upon request, but no later than fourteen (14) working days following the issuance of the written reprimand. The Department Head's response to the appeal shall be final. When issuing a written reprimand to an employee, copies will also be provided to the Department Head and the Director of Human Resources. The employee will receive two (2) copies of the reprimand, one for the employee and one for FEA. It is the employee's responsibility to provide a copy to FEA, if the employee wishes to do so. An employee who receives a written reprimand will have the option to submit a response to the Human Resources Department (and the Department Head) within 30 calendar days of receiving the written reprimand. The employee's response will be placed in his or her official Personnel File.

B. For suspensions, demotions or terminations, steps 1-6 shall be followed:

Investigatory Process
The immediate supervisor may shall meet with an employee to discuss proposed discipline actions after notifying the employee in writing that such a meeting is being held for the purposes of ascertaining whether disciplinary action is appropriate. The following process shall be used should the supervisor move forward with an Intent to Discipline.

Disciplinary Process

1. Throughout the disciplinary process, the employee shall be provided copies of all documents that are provided to all appellate bodies and used in justification of the disciplinary action being recommended. When a Notice of Intent to Discipline is issued to an employee, names of all witnesses to alleged events shall be provided to the employee to whom the discipline is being imposed. After any investigatory meeting the supervisor shall notify the employee of the proposed discipline action by written notice containing the following:

a. A description of the proposed action and its effective dates;

33 b. A clear and concise statement of the reasons for such action, including the acts or omissions on which the disciplinary action is based; c. A statement advising the employee of the right to respond, either verbally or in writing, to the authority proposing the action prior to its effective date; d. A statement that a copy of the materials upon which the action is based is attached or available for inspection upon request; and
e. A statement advising the employee of the method and right to appeal and the time within which the appeal must be made.

2. If the employee disagrees with the proposed disciplinary action, he or she shall may, within ten (10) working days of the written notice, request a meeting with the supervisor recommending discipline to attempt to resolve the issue. In lieu of requesting a meeting with the Supervisor, the employee may within the ten (10) working day period, notify the supervisor that the employee desires to respond to the charges at a Skelly Hearing. In such event, the steps set forth in paragraphs 3 and 4 will not apply, and the Department Head will schedule and conduct a Skelly Hearing at which time the employee may present evidence and argument concerning the basis and form of the proposed disciplinary action.

3. If the employee does not elect to forego the meeting with the supervisor, the supervisor shall confirm the results of the meeting in a memorandum to the employee. If the employee disagrees with the results, the employee may submit the matter to the employee's second level supervisor, if any, for discussion within ten (10) working days from the date of the memorandum. If the employee has no second level supervisor below the level of Department Head, the employee can appeal to step 5.

4. The second level supervisor shall meet with the employee within ten (10) working days from the date of the appeal. The supervisor shall issue his/her decision in writing within ten (10) working days of the meeting. If the employee disagrees with the supervisor's decision, the employee may appeal the decision to their Department Head within ten (10) working days of the date of the written response from the second level supervisor.

5. The Department Head or designee shall meet with the employee for the Skelly Hearing within ten (10) working days from the date of the appeal. The Department Head shall issue his/her decision in writing within ten (10) working days of the meeting. At that time, the disciplinary action may be imposed. If the employee disagrees with the decision of the Department Head, then the employee may appeal the disciplinary decision to the City Manager, within ten (10) working days of receiving the Department Head’s decision. The City Manager will appoint a hearing officer who will conduct an administrative hearing concerning the merits of the appeal, subject to the following:
a. The hearing officer will be a neutral party from outside the

34 organization.
b. The fees and expenses of the hearing officer and court reporter shall be borne by both parties. All Other expenses shall be borne by the party incurring them and neither party shall be responsible for the expenses of witnesses called by the other;
c. A party requesting a transcript to the hearing shall bear the cost thereof;
d. The hearing officer shall hold a hearing and make a recommendation to the City Manager to sustain, modify, or reverse the disciplinary decision. A copy of the recommendation will be forwarded to the employee. The City Manager or designee will then issue a final decision within ten (10) working days of receiving the recommendation and may, but is not required, to accept the hearing officer's recommendation.

6. This procedure does not constitute a waiver of the employee's right to request a review of the City's decision in a court of law pursuant to Code of Civil Procedure § 1094.5.

C. Time Limitations
If an employee fails to advance the appeal to the next level, as specified in this procedure, the appeal shall be considered withdrawn. If the City fails to respond within the time specified in this procedure, the appeal shall be considered advanced to the next step. Notwithstanding any provision in this section, any time limit or stage of procedure may be waived or modified upon the written consent of the parties

ARTICLE 17. LAYOFF
The City will discuss with SEIU/FEA thirty (30) calendar days in advance of implementation a Furlough, Voluntary Time Off and/or alternate work week schedule (e.g., 9/80 for City Hall) affecting FEA-represented employees.

In the event of layoffs, the City will use due diligence in carrying out the following items:
 Prior to implementing layoffs of FEA employees, the City shall consider its organizational and fiscal options.
 The City shall attempt to give at least 30 days' notice prior to layoff, and shall not give less than 14 days' notice.
 The City shall meet and confer with FEA concerning only the impacts or effects of layoffs.
 The City shall consult with FEA regarding possibilities to help laid off employees, such as referrals to job placement, retraining and/or outsourcing services.  The City shall consult with FEA regarding the possibility of extending severance packages to laid off employees.

35 ARTICLE 18 LAYOFF PROCEDURE
A. Statement of Intent
Whenever, in the judgment of the City Council, due to lack of funds or lack of work, or reorganization, it becomes necessary to abolish any position or employment, the employee holding such position or employment may be laid off or demoted or the position may be reclassified. Such layoffs shal l not be considered disciplinary actions for appeal purposes.

B. Notification
Employees to be laid off or demoted shall be given, at least fourteen (14) calendar days prior notice.

C. Employment Status and Order of Layoffs
Layoffs shall be made according to classification and employment status within a City department, as described in this policy. In each class of position, employees shall be laid off according to employment status in the following order: temporary, probationary and permanent. Employees s erving a probationary period due to promotion shall be considered permanent status for purposes of layoff.

The layoff order for affected employees shall be determined by seniority.

D. Vacancy and Demotion
Except as otherwise provided, whenever there is a reduction in the work force, the following process shall be used in determining the position that the employee who is subject to layoff shall occupy:

1. A vacancy within the same classification or lateral classification once held by the employee within the same Department; if that is not available

2. A City-wide vacancy within the same classification or lateral classification once held by the employee; if that is not available

3. A vacancy in a lower level position which the employee once held within the same Department, or if no such position exists, then within the City.

E. Displacement of Less Senior Employees
In the event there are no vacancies as described in Section D, a permanent employee may have bumping or retreat rights within their current Department.

Employees may displace only those employees who have less seniority in the same classification within their current Department and bumping shall not occur across Departments.

In order to retreat to a former or lower class, an emp loyee must request displacement action in writing to the Human Resources Department within five (5) working days of receipt of notice of layoff. The Human Resources Department shall provide a form for

36 such request. Employees retreating to a lower or simila r class shall be placed at the salary step representing the least loss of pay. In no case shall the salary be increased above that received in the class from which the employee was laid off. Employees retreating to a lower or similar class shall serve a pr obationary period in the new class unless they have previously successfully completed a probationary period in the class.

F. Seniority
In order to retreat to a former or lower class, an employee must request displacement action in writing to the Human Resources Department within five (5) working days of receipt of notice of layoff. The Human Resources Department shall provide a form for such requests. Employees retreating to a lower or similar class shall be placed at the salary step representing the least loss of pay. In no case shall the salary be increased above that received in the class from which the employee was laid off. Employees retreating to a lower or similar class shall serve a probationary period in the new class unless they have previously successfully completed a probationary period in the class.

Seniority shall be determined by the most recent date of hire into any regular full-time or pro-rata bargaining unit position. In cases when an employee has a break in service for less than six months, their original hire date shall be used for the purposes of seniority.

In the event that two (2) or more employees have the same seniority date, the employee with the greater length of service in their current classification shall have greater seniority.

As soon as practical following the announcements of layoffs, the City shall provide the Union with a current Seniority list for all affected classifications.

G. Re-employment List
The names of persons laid off or demoted in accordance with these rules shall be entered upon a re-employment list. Lists from different departments or at different times for the same class of position shall be combined into a single list. Such list shall be used by the City Manager when a vacancy arises in the same or lower class of position before certification is made from eligible list. A copy of the re-employment list shall be provided to the Union within thirty (30) days of the layoff event.

H. Duration of Re -employment List
Names of persons laid off shall be carried on a re employment list for two (2) years, except that persons appointed to permanent positions of the same level as that from which he/she was laid off, shall upon such appointments, be dropped from the list.

Persons on a re -employment list shall have one opportunity to refuse re employment before they are dropped from the list. Persons re -employed in a lower class shall be continued on the list for the higher position for two (2) years. All persons re - employed after one (1) year who originally completed their initial probationary

37 period, shall be required to serve a six month probation period. Employees who are re-employed and ne ver completed an initial twelve (12) month probationary period will be required to do so upon re -employment. Persons re -employed from this list shall have their seniority reinstated less the duration of their layoff.

ARTICLE 19. CROSS TRAINING
A. Employees may apply for cross -training in another department or division provided that their department head, the receiving department head and the City Manager's office approve.

B. Employees who wish to cross-train must complete the required application forms.

C. Participants in the cross -training program shall not receive an increase in compensation.

ARTICLE 20. TRANSFER PROCEDURE
Employees who wish to be considered for a transfer to the same job classification in another division or department should send a completed transfer form to the Human Resources Department indicating their desire to transfer. The appointing authority (Department Head) and Director of Human Resources will decide whether to approve the transfer, if a vacancy becomes available. Employees may need to complete an updated job application package. Employees may be interviewed as part of this process. Employees will update their request once annually, in order to be considered for transfer.

The City will continue to recruit both externally and internally for vacancies in classifications represented by FEA. Following budget cutbacks, the City Manager may direct Departments to conduct internal recruitments first prior to recruiting externally.

ARTICLE 21. RECLASSIFICA TION PROCEDURE
DEFINITION :

Reclassification is warranted when an employee is working out of class, typically at a higher level. The length of time an employee works out of class before a reclassification can be approved will vary.

PROCESS:

1. Request for reclassification (from employee or from employee's supervisor) is submitted to Department Head. A Department Head may also initiate a request for reclassification.

2. The Department Head will submit a memo along with the reclassification request to Human Resources requesting a review of the reclassification request. A copy of the memorandum will be given to the employee. The memo typically covers the reason for the reclassification, a description of recommended higher classification, when the

38 employee began performing these duties, and whether or not the employee meets the minimum qualifications of the classification.

3. The Human Resources Department will complete an analysis of the request, which may include talking to the employee(s) and supervisor, and performing a desk audit(s). Upon receipt of the completed questionnaire, the Human Resources Department will complete the analysis of the reclassification request within two months.

4. Once the Human Resources Department has completed the review, the Director of Human Resources or other staff prepare a memo to the Director of Human Resources with a summary of the request along with a recommendation. If Human Resources agrees with the reclassification, the recommendation memo lists the justification for the reclassification, the new job classification, the salary step and the effective date. A Personnel Action Form is attached to the memo.

5. The Director of Human Resources reviews the memo. If recommended for approval, the memo is forwarded to the City Manager.

6. The City Manager approves the reclassification recommendation and returns the document to the Human Resources Department.

7. The Human Resources Department notifies the Department Head that the reclass has been approved.

8. If the Human Resources Department does not recommend approval of a reclassification, a memo will be submitted to the Department Head and the employee with an explanation as to why the reclassification request is not being recommended.

ARTICLE 22. MISCELLANEOUS ITEMS
A. AB119 Union Access to New Employee Orientation/Member Information In order to comply with AB 119 the parties have met and conferred and agree that the Union's inclusion in the new employee orientation (NEO) will be as follows:

1. The City shall provide the Union with at least ten (10) calendar days' notice of any NEO meeting and send an electronic list of expected participant(s) at least five (5) business daysat least forty-eight (48) hours, to the extent possible, in advance of the orientation meeting. This notification shall be sent via email to the recognized Union Representative, Chapter President and Chapter Secretary, which will include the name, job title and department of all newly hired employees scheduled to attend the City's NEO meeting.

2. Up to two (2) Union representatives shall be provided paid release time, not to exceed thirty (30) minutes, to meet in person with all newly hired employees. The Union representatives shall be provided up to thirty (30) minutes travel time to

39 attend the NEO, if applicable. Union representative shall include SEIU Local 1021 Representatives and designated chapter officers, stewards and members. The Union shall provide the City with a list of chapter officers, stewards and members designated to attend NEO meetings on behalf of the Union.

2.3. If, for any reason, the Union representative(s) are unable to attend the NEO in-person, the Union may request with 24 hour notice, to attend virtually. tIf requesting to attend virtually, the Union shall notify the City as soon as possible but no later than the morning of the NEO meeting. If Union representatives are not able to attend the NEO meeting, the Union will provide the City with a contact sheet to be provided to the new employee. If the newly hired employees have any questions about Union representation and membership, they will be directed to call the Union.

3.4. The time and day agreed upon by the parties for NEO meetings is currently set 11:00 a.m. on alternating Tuesdays.

4.5. Audio-visual equipment, if available, shall be provided for the Union if requested by the Union forty-eight (48) hours in advance of the NEO meeting.

5.6. City representatives shall be absent from the room during any sessions or conducted by the Union, during the NEO meeting.

6.7. If the Union is unable to attend the scheduled orientation, the Union shall with the newly hired employee an alternate time to meet in person within the first weeks following the schedule orientationof their employment. Each newly hired required to attend a make-up session with Union representatives, either virtually or in-person. This make-up sessions is not to exceed thirty (30) one (1) hourminutes time, during regular working hours and onsite, without loss of compensation during the first two weeks of employmentfollowing the scheduled orientation. This time by the employee's immediate supervisor. If, due to the shift or assignment of the newly hired employee, the make-up session cannot be scheduled during regular working hours, the City will authorize up to thirty (30) minutes of overtime for the Union representative and the newly hired employee, to be taken at the beginning or end of a shift during the first two weeks of employment, unless an exception is mutually agreed.

8. On a monthly basis the City shall provide the Union with an Excel (or similar) spreadsheet(s), sent via email, with a list of all employees (including newly hired).

The list shall include: name, date of hire, bargaining unit, appointment type (full- time or pro-rata), job title, department, physical work location, work phone, home/cell phone, work email and personal email address. A separate report is sent to the Union monthly from Payroll with membership status (Full Dues, Fee Payer, Fair Share). The lists shall be provided to the SEIU Local 1021 membership

40 department with a copy to the SEIU Local 1021 Representative. The Union shall provide updated contact information for such purpose.

7. The City if working to develop a more robust and comprehensive new employee orientation program. Should these efforts be successful during the term of this agreement, the City will meet and confer with the Union to determine the appropriate time for Union participation and discuss any related modifications.

B. Payroll Deduction and Pay over
The City shall deduct Union dues or fees and premiums for FEA sponsored insurance programs in conformity with State and City regulations. The City shall within fifteen (15) days' pay to the designated payee all sums deducted. It is further understood and agreed that Management shall not be required to deduct said dues and other deductions, or remit them to the designated payee, when an employee covered hereunder who has previously filed a written authorization requesting such deductions, requests in writing that Management cancel all or any portion of the deductions previously authorized. The City shall recognize any general dues increase as specified by th e designated payee and shall be held harmless for any such pay over as stipulated above.

C. Productivity
Employees covered by this Agreement will cooperate fully with management in programs designed to increase the level of overall productivity of mutual benefit to the taxpayers.

D. Health and Safety
The City agrees to provide a safe and healthyful work place by complying with all applicable local, state and federal health and safety laws and regulations. FEA agrees that all employees must also comply with applicable laws and regulations.

E. Retirement Planning
The City shall make financial planning available to employees represented by FEA.

Compliance with ADA and Other Civil Rights Laws: This MOU shall be administered and applied in a manner that complies with provisions of federal, state and local disability and anti -discrimination statutes. The City reserves the right to administer and interpret the agreement to ensure compliance with such laws. Whenever reasonably possible, the City will a dvise FEA of any upcoming improvements or alterations to the City's physical plant and grounds made pursuant to the Americans with Disabilities Act or other similar law , and will solicit FEA's input and suggestions regarding the matter. The City will meet and confer, where required by the Meyers- Milias-Brown Act, regarding the impact of any such improvements or alterations on FEA represented employees.

41 F. Compliance with ADA and Other Civil Rights Laws
This MOU shall be administered and applied in a manner that compiles with provisions of federal, state, ad local disability and anti-discrimination statutes. The City reserves the right to administer and interpret the agreement to ensure compliance with such laws. Whenever reasonably possible, the City will advise FEA of any upcoming improvements or alterations to the City’s physical plant and grounds made pursuant to the American with Disability Act or other similar law, and will solicit FEA’s input and suggestions regarding the matter. The City will meet and confer, where required by the Meyers-Milias-Brown Act, regarding the impact of any such improvements or alternations on FEA represented employees.

ARTICLE 23. REASONABLE SUSPICION DRUG AND ALCOHOL TESTING In addition to employees already covered under the Department of Transportation (DOT) drug and alcohol testing, all FEA employees will participate in reasonable suspicion drug and alcohol testing, following the reasonable suspicion testing procedure in the City of Fairfield Substance Abuse Policy. In the event that two (2) supervisors or managers disagree on reasonable suspicion testing of an employee, every effort will be made to call in a third trained manager or supervisor to determine whether reasonable suspicion testing should be conducted.

ARTICLE 24. SEVERABILITY PROVISION
If any provision of this Agreement is held to be contrary to law by court of competent jurisdiction, such provision will not be deemed valid and subsisting, except to the extent permitted by law, but all other provisions will continue in full force and effect.

ARTICLE 25. CONTRACTING OUT
In the event the City contracts out any work that impacts FEA and its members, the City will provide a 45-day notice to FEA of such contracts that would eliminate FEA -represented positions and will meet and confer with FEA concerning only the impact or eff ects, if any, of such contracts on FEA. It is the intent of the City to try to accommodate affected employees, e.g., by attempting negotiations when reasonable to require contractors to hire displaced City employees. However, in no event shall this MOU be construed to hinder or prevent the City from achieving fiscal savings by contracting out.

ARTICLE 26. PRO RATA PART TIME EMPLOYMENT
If the employee is required to work an average of 20 hours or more per week over twelve months, the employee shall receive pro-rated full-time benefits and the employee shall be entitled to dues check off and union representation.

Pro-rata (i.e. less than full-time) employees’ benefits and fixed dollar premiums, such as bilingual pay, uniform allowance, etc., will be adjusted proportionally to their percentage of full-time employment and shall be entitled to dues check-off and union representation.

42 Pro-rata status will not impact salary anniversary dates, merit increase eligibility or dates used for purposes of calculating seniority or longevity.

ARTICLE 27. UNION SECURITY
A. Every employee in the representation unit covered by this Memorandum of Understanding hired after September, 1994, shall, as a condition of employment, become and remain a member in good standing in the union; or pay to the union a monthly fair share service fee not greater than regular monthly dues; or, in the case of an employee who certifies he/she is a member of a bona fide religion, body or sect which has historically held conscientious objection to joining or financially supporting public employee organization, pay a sum monthly equal to service fees to a charitable fund chosen by the employee from the list of Napa -Solano United Way recipient organizations.

B. SEIU shall be solely responsible for providing a legally adequate written notice in full conformance with the requirements of current case law to each new unit employee within thirty (30) days after date of hire informing the employee of the following:

1. the dollar amount of the monthly membership dues;

2. the dollar amount of monthly fair share service fee;

3. the dollar amount of the monthly agency fee (the monthly service feelers expenses not legally chargeable to dissenting employees);

4. the procedures for filling a dissent with FEA from payment of that portion of the monthly service fee representing FEA expenses deemed non- chargeable to dissenting employees under current case law;

5. the procedure for challenging FEA's calculation of expenses chargeable to dissenting employees.

C. FEA shall furnish the following to the City no later than 30 days after the hire date of a new unit employee: (1) a signed dues deduction authorization from each unit employee who has elected to become an FEA member; (2) the name of each unit employee who has filed a dissent with FEA from payment of the monthly service fee and who, therefore, is required to pay the agency fee; (3) the name of each unit employee who has filed with FEA a challenge which is pending to FEA's calculation of expenses chargeable under the fair share fee; (4) the name of each employee who has certified that he or she is a member of a bona fide religion, bod y or sect which has historically held conscientious objection to joining or financially supporting public employee organizations, and the name of the charitable fund to which the employee has chosen to direct a sum equal to the monthly service fee.

D. For all unit employees hired after the final date of ratification, except in Paragraph F below, City shall deduct, based on the information provided by FEA pursuant to Paragraph C, one of the following from the pay of each unit employee:

43 1. FEA dues from each employee who has a signed dues deduction authorization on file with the Human Resources Department;

2. the monthly service fee from each employee who does not have a signed membership dues deduction authorization on file and has not dissented from payment of the monthly service fee;

3. the fair share fee from each employee who does not have a signed deduction authorization on file and who has either (i) dissented from payment of the monthly service fee or (ii) filed a challenge to the expenses chargeable under the fair share fee; or,

4. an amount equal to the monthly service fee to be directed to a charitable fund from an employee who has certified that he or she is a member of a bona fide religion or sect who holds a conscientious objection to joining or financially supporting an employee organization such as FEA, as set forth in paragraph 1 above.

E. The City shall deduct one of the amounts set forth in Paragraph D(1) -(4) above from the pay of a newly hired unit employee within 30 days of FEA providing the employee with a notice equivalent to that required by Paragraph B and the City with the information required in Paragraph C.

F. The City shall not make a deduction required by Paragraph D above during any pay period when the unit employee from whose pay the deduction is otherwise required is in an unpaid status or does not have enough earnings to cover the dues or fees.

G. FEA agrees to indemnify, defend, and hold the City harmless from any and all claims, demands, suits, or any other action arising from implementation or application of Paragraphs AF of this Section, provided, however, that no duty to indemnify, defend or hold the City harmless shall be imposed where the basis of the claim, demand or suit arises from the negligence or intentional misconduct of the City or its authorized agents or representatives.

H. All employees hired after the date of final ratification shall either become members of the Union (or exercise the options described in paragraph A and B) and shall remain members in good standing with the FEA. As of the date of final ratification to the M.O.U., some current employees in the representation unit covered by this M.O.U. are members of the Union and some are not. All current employees who are members of the Union shall maintain their membership in good standing with the Union for the full term of this Agreement.

Beginning the first full pay period in January 2009, the City will deduct COPE donations from employees who have elected to have such donations withheld from their paycheck. FEA shall be responsible for developing and disseminating the form.

44 REACHED BETWEEN THE REPRESENTATIVES OF THE CITY OF FAIRFIELD

AND THE SERVICE EMPLOYEES INTERNATIONAL UNION/FAIRFIELD

EMPLOYEES' ASSOCIATION

City of Fairfield SEIU Local 1021/FEA

______________________________ ______________________________ David J. Gassaway Del MalloryEmma Gerould
Interim City Manager SEIU 1021 FieldArea Director/Chief Negotiator

______________________________ ______________________________ Date Date

______________________________
David CanhamMarcos Zepeda
SEIU 1021 Executive DirectorRepresentative

______________________________
Ron BremerAmy Tudi-Akaka
Negotiating Team Member

______________________________
Brian CoyStacy Hofacre
Negotiating Team Member

______________________________
Adam RudolphDarin Eltringham
Negotiating Team Member

______________________________
Michael MilenderDarin Eltringham
Negotiating Team Member

______________________________
Teri LuchiniStefanie Robertson
Negotiating Team Member

______________________________
Negotiating Team Member

Agenda Item No: L.4

AGENDA REPORT
DATE: December 2, 2025

TO: Mayor and Council

FROM: David Gassaway, City Manager

SUBJECT: Resolution 2025 -241 HR Amending Terms and Conditions of Non-Represented Confidential Employees

Amending the Terms and Conditions of the Benefits Summar ies for Non-Management Confidential and Confidential Management Employees

Funding Source: $75,994; General Fund

Contact: Farbod Pirouzmand, (707) 428-7397

RECOMMENDED ACTION
Adopt resolution.

STATEMENT OF ISSUE
The city manager proposes to amend the existing terms and conditions and adopt a new Benefits Summary applicable to non-represented classifications. This action is necessary to maintain internal equity, consistent with the City’s established compensation philos ophy and guidelines.

The need for these amendments arises from the new terms established during successful labor negotiations with the unions representing similarly situated employees as the non -represented classifications.

DISCUSSION
Recent successful negotiations with various bargaining units ha ve changed compensation and benefits in their respective collective bargaining agreements. Our non -represented employees’ compensation and benefits normally follow the Fairfield Employees’ Association (FEA) and Fairfield General Management Association (FGMA). To ensure adherence to the City's compensation philosophy, which provides essential guidelines for updating compensation and mitigating compaction , remedial adjustments are required to restore intended struc tural relationships and enhance the City’s ability to attract and retain highly qualified personnel. For non-represented employees, it is important to keep parity with FEA and FGMA respectively

because these employees perform similar work and have a similar scope of responsibilities to employees represented by both associations.

Approval of the changes will cost the General Fund $75,994 over the two years covering these changes. However, the long-term savings over 10 years from these changes will be $124,226.

The costs for such adjustments are made possible through significant concessions by executive management staff, specifically the forfeiture of a portion of the prior fi scal year’s salary adjustment, supplemented by a cost -neutral adjustment achieved through a reduction in personal leave hours. This approach maintains structural alignment and upholds the City’s compensation philosophy without a significant impact to the General Fund.

Amendments to the successor Benefits Summar ies for both groups are described in the table below.

Non-Represented Non-Management Confidential Employees (FEA Affiliated Group):

Provision Summary of Change
Bereavement Leave Updated to ensure compliance with state law.

Bilingual Pay Updated eligibility standards to ensure pay is granted only where language skills are routinely
used.

Off-Salary Schedule Pay with Paid Time
Off Alternative
Provides the option to receive a 3% cash payment in
year one and 1% in year two, or to take the
equivalent value in time off.

Health, Life Insurance, and Other
Benefits
Streamlined existing language.

Sick Leave Cash Out Options Reduced maximum accrual limit but e nhanced benefit offering for yearly distribution if contributed to a retirement account. Removed sick leave cash
out upon separation.

Compensation Study Salary adjustment for classifications that are below 4% of the market median.

Pro-Rata Employment Aligned MOU language to current practice.

Non-Represented Confidential Management Employees (FGMA Affiliated Group):

Provision Summary of Change
Bereavement Leave Updated to ensure compliance with state law Deferred Compensation: 401(a) Enhanced benefit offerings to existing members; reduced benefit offering and introduced vesting
schedule for employees hired into the unit after the
adoption of successor MOU

Off-Salary Schedule Pay with Paid Time
Off alternative
Issued a one-time cash payment to compensate for
the period between expired and successor MOUs.

Personal Leave Established a maximum accrual limit where none existed previously and reduced benefit offering for all members
Pro-Rata Status Clarified benefit and premium calculations for employees working in less than full-time positions
Retirement (EPMC/Contribution Rates) Decreased employer obligations through a reduced benefit offering
Sick Leave Restricted value of unused sick leave upon separation and reduced benefit offering for employees hired into
the unit after adoption of successor MOU
Vacation Accrual Rates Reduced accrual rates for employees hired into the unit after the adoption of successor MOU

FINANCIAL IMPACT
The total projected net cost over the next two years to the General Fund (Fund 101) is $ 75,994, and savings of $124,226 by the tenth year.

PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
N/A

ALTERNATIVE ACTION
The c ouncil may choose not to approve the new compensation changes for non-represented classifications and direct staff to amend different terms than stated above.

COORDINATED WITH
City Manager’s Office and Finance Department

STAFF CONTACT
Farbod Pirouzmand, Assistant City Manager/Director of Human Resources (707) 428-7397
[email protected]

ATTACHMENTS
Attachment 2: Proposed Resolution
Attachment 3: Non-Management Confidential Benefits Summary Attachment 4: Confidential Management Benefits Summary

CITY OF FAIRFIELD

RESOLUTION NO. 2025-241

AMENDING THE TERMS AND CONDITIONS OF THE BENEFITS SUMMARIES FOR NON-

MANAGEMENT CONFIDENTIAL AND CONFIDENTIAL MANAGEMENT EMPLOYEES

WHEREAS, the City Council enacted the Employee Compensation Policy Resolution No. 2000 - 156, establishing the City’s compensation philosophy and guidelines regarding internal relationships between levels within the organization.

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

Section 1. The council hereby approves the Benefits Summar ies as outlined in Attachment s 3 and 4 for unrepresented confidential classifications.

Section 2. The city manager is hereby authorized and directed to do all things necessary to implement this resolution.

PASSED AND ADOPTED this 2nd day of December 2025, by the following vote:

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

_________________________________________________
MAYOR
ATTEST:
___________________________

CITY CLERK

Rev.
12/02/202507/01/2023

BENEFIT SUMMARY SHEET

NON-MANAGEMENT CONFIDENTIAL

Effective July 1, 20252 – June 30, 20275

GENERAL INFORMATION

PROBATION: Probationary period is twelve months.

MERIT REVIEW: If appointed at (or promoted to) Step 1, employee is eligible for a merit review six months after date the action becomes effective. If appointed above Step 1, the merit review will be twelve months from effective date.

SALARY INCREASES: No wage increases during this term. Effective the first full pay period after adoption of the FEA successor MOU, employees will receive in the first year a benefit equal to 3% of their annual base salary. They may elect whether to receive a single lump-sum cash payment equal to 3% of their annual base salary or 62.4 hours of PTO in a separate bank.

Effective the first full pay period of July 2026, employees will receive a benefit equal to 1% of their annual base salary. They may elect to receive a single lump-sum cash payment equal to 1% of their annual base salary or 20.8 hours of PTO in a separate bank.

These PTO hours have no cash value and any remaining unused hours as of 6/30/2027 will be forfeited. 6% base wage increase effective the first full pay period in July 2022

2.5% base wage increase effective the first full pay period in July 2023

5.0% base wage increase effective the first full pay period in July 2024

COMP TIME/OVERTIME: Employees will be eligible for overtime for all hours worked over forty in a workweek; provided however, that employees on approved flex time schedules (including 9/80, 4/10 or other scheduled shifts) will not be eligible for overtime unless they work in excess of forty (40) hours in a designated workweek. Overtime may be paid as compensatory time off (CTO) or in pay, at the rate of 1 ½ hours per each hour of overtime worked. Employees are eligible to accrue a maximum of 100 hours of CTO. Employees with at least one (1) year of service may cash out up to 25% of existing CTO balances in the months of May and November.

BILINGUAL PAY: $100 per month

TUITION REIMBURSEMENT: Up to $6,000 annually

PERSONAL LEAVE: 50 hours annually. Shall be capped at an amount not to exceed two (2) times the annual accrual rate. Employees are eligible to use as it is accrued. 100% of personal leave accrued is available for cash out. Upon separation from the City, employee is paid for any unused balance.

VACATION: Eligible to use after 6 months of employment. The following vacation accrual rates are based on a 40 hour work week.

Years of Service Annual Accrual Rate
1 through 3 years 3.08010 days
Beginning of 4 through 10 years 4.61615 days
Beginning of 11 through 15 years 6.46421 days
Beginning of 16 through 20 years 6.76822 days
Beginning of 21 and over years 7.08023 days

Vacation leave may be accrued to a maximum of 2.0 times the employee's current annual accrual rate. The accrual rate is reported on biweekly payroll. Employees may cash out up to 32 hours of their vacation balance each calendar year, provided a minimum balance of 80 hours of vacation is maintained. Upon separation from the City, employees are paid for any unused vacation.

HOLIDAYS: Eligible date of hire. Those scheduled for forty (40) hour work week receive the following holidays:

New Year’s Day
Martin Luther King Day
President’s Day
Juneteenth
Independence Day
Labor Day
Veteran’s Day
Thanksgiving
Thanksgiving – Day after
Christmas
Christmas Eve
New Year’s Eve

BENEFIT SUMMARY SHEET (CONTINUED)
NON-MANAGEMENT CONFIDENTIAL July 1, 20252 – June 30, 20275

This document is intended to be general and not inclusive of all benefits. Any conflict that may arise will be based on the MOU and City policy, not this benefit summary sheet. For further information on any of the above benefits, please see the current MOU or Employee Benefits Guide.

Memorial Day Indigenous People’s/Columbus Day

PAID HOLIDAYS /VACATION IN-LIEU OF HOLIDAY: Employees who receive in-lieu holidays shall receive the same total number of in-lieu holidays as listed above. At the employee’s option, up to three of those holidays shall be paid, and the remainder will be added to vacation accrual.

SICK LEAVE: Annual accrual of 12 days. Employees are eligible to use sick leave as it is accrued. On an annual basis, for hours accrued above 400, employees must elect to receive a distribution of sick lea ve hours in cash or a contribution to a qualifying retirement account. If employee elects for a cash distribution, they will receive 50% of the value of hours at base rate of pay. If employee elects distribution to a qualifying retirement account, they will receive 95% of the value at the base rate of pay. There is no limit on the amount of accumulated sick leave. At employee’s option, City pays cash for 25% of unused sick leave accrued the twelve months from end of each November.

HEALTH CARE, LIFE INSURANCE AND OTHER BENEFITS

HEALTH/DENTAL/VISION PLANS: Eligible first day of first month after date of hire. The City provides generous contributions towards medical, dental and vision plans. Please see current rate sheets in Employee Benefits Guide for more information.

HEALTH INSURANCE OPT-OUT: With proof of other coverage, employee may decline health/dental coverage and receive a maximum of $518 per month (taxable).

SHORT TERM DISABILITY: Eligible first of the month after 3 months of employment. The employee currently pays $6.00 per month.

LONG TERM DISABILITY INSURANCE: Eligible first day of first month after date of hire. Effective 180 days after date of injury or illness.

BASIC/ADDITIONAL LIFE INSURANCE: Eligible first day of first month after date of hire. City provides $50,000 group term life insurance.

Employees are eligible to purchase supplemental life insurance coverage equal to six (6) times their annual salary or $500,000, whichever is greater. Health questionnaires are required for the purchase of supplemental life insurance.

OTHER BENEFITS:

City paid Employee Assistance Plan (EAP) Optional health care and dependent care FSAs Bereavement Leave

RETIREMENT/DEFERRED COMPENSATION

CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM (CALPERS): Employee retirement contributions will be on a pre-tax basis pursuant to IRS Section 414(h) (2). Employee pays survivor's benefit (currently $24 per year). City does not participate in Social Security;

1.45% of gross salary is a mandatory payroll deduction for Medicare coverage.

CLASSIC CALPERS MEMBER

TIER 1  2.7% at 55 retirement formula  Single highest year coverage  Employee contribution rate is 10.5% Classic members hired with the City on or prior to August 25, 2012

TIER 2  2.5% at 55 retirement formula  3 year average  Employee contribution rate is 10.5%.

Classic members hired with the City on or after August 26, 2012

NEW CALPERS MEMBER

Brought into CalPERS for the first time on or after January 1, 2013 with no prior membership in any California public retirement system.

 2% @ 62 retirement formula  3 year average for final compensation  Employee contribution shall be half the normal cost of the retirement
plan as defined by CalPERS
(currently 7.75%)

BENEFIT SUMMARY SHEET (CONTINUED)
NON-MANAGEMENT CONFIDENTIAL July 1, 20252 – June 30, 20275

This document is intended to be general and not inclusive of all benefits. Any conflict that may arise will be based on the MOU and City policy, not this benefit summary sheet. For further information on any of the above benefits, please see the current MOU or Employee Benefits Guide.

EMPLOYEE DEFERRED COMPENSATION ACCOUNTS:

401(a): Eligible date of hire, enrollment is optional and irrevocable. City contribution is 4.00%; mandatory employee contribution is 1.5%.

457: Eligible date of hire; enrollment is optional, no City contribution is provided.

RETIREE MEDICAL EXPENSE PROGRAM: The City contributes $50 per month to the ICMA VantageCare Medical ExpenseHealth Reimbursement Arrangement (HRA) Program. Sick leave hours accumulated beyond the thresholds indicated below will be converted to this program on an annual basis.

Up to 11 years of service: 960 hours
11-15 years of service: 800 hours
15 years and over: 640 hours

Rev.
07/0112/2/20253

BENEFIT SUMMARY SHEET

CONFIDENTIAL MANAGEMENT
Effective July 1, 20222025– June 30, 20252027

GENERAL INFORMATION

PROBATION: Probationary period is twelve months.

MERIT REVIEW: If appointed at (or promoted to) Step 1, employee is eligible for a merit review six months after date the action becomes effective. If appointed above Step 1, the merit review will be twelve months from effective date.

SALARY INCREASES: 5% base wage increase effective the first full pay period in July 2022 3% base wage increase effective the first full pay period in July 2023

5.5% base wage increase effective the first full pay period in July 2024No wage increases during this term. Employees hired or promoted prior to 11/18/2025 will receive a benefit equal to 1.5% of their annual base salary. They may elect whether to receive a single lump-sum cash payment equal to 1.5% of their annual base salary or 31.2 hours of PTO in a separate bank each year. These PTO hours have no cash value and any remaining unused hours as of 6/30/2027 will be forfeited. Employees hired or promoted on or after 11/18/2025 will not be eligible for this benefit.

TUITION REIMBURSEMENT: Up to $4,000 annually

PERSONAL LEAVE: 144.86100 hours annually (5.573.85 hours per pay period). Employees are eligible to use as it is accrued, subject to the Department Head’s discretion. 100% of personal leave accrued is available for cash out. Employees hired or promoted before 11/18/2025 may accrue a maximum of 300 hours. Employees hired on or after 11/18/2025 may accrue a maximum of 200 hours. Upon separation from the City, employee is paid for any unused balance. All accruals and limits apply on a calendar year basis.

Employees hired or promoted before 11/18/2025 will receive an additional benefit in the amount of 2.16%. They may elect whether to receive this as a 2.16% differential premium pay, or increase the City’s contribution to their 401(a) by 2.16%.

VACATION: Eligible to use after 6 months of employment.

Employees hired or promoted before 11/18/2025
Years of Service Vacation Accrual per Year
From date of hire through 3rd 3.08 hours per pay period (10 days per year) Beginning 4th through 10th 4.62 hours per pay period (15 days per year) Beginning 11th through 15th 6.15 hours per pay period (20 days per year) Beginning 16th and over 7.69 hours per pay period (25 days per year)

Employees hired or promoted on or after 11/18/2025
Years of Service Vacation Accrual per Year
From date of hire through 5th 3.08 hours per pay period (10 days per year) Beginning 6th through 14th 4.62 hours per pay period (15 days per year) Beginning 15th and over 6.15 hours per pay period (20 days per year)

Years of Service Annual Accrual Rate
Date of hire through 3 years 10 days
Beginning of 4 through 10 years 15 days
Beginning of 11 through 15 years 20 days
Beginning of 16 and over 25 days

Vacation leave may be accrued to a maximum of 2.0 times the employee's current annual accrual rate. The accrual rate is reported on biweekly payroll. Employees may cash out up to 100 hours of their vacation balance each calender year, provided a minimum balance of 80 hours between vacation, comp time, and vacation in lieu is maintained. If deferring into 457 plan, the 100-hour maximum is not applicable, but must keep 80 hours of combined accruals. Upon separation from the City, employees are paid for any unused vacation.

BENEFIT SUMMARY SHEET (CONTINUED)
CONFIDENTIAL MANAGEMENT: July 1, 20252 through June 30, 20275

The statements on these pages are intended to be general and not inclusive of all benefits. Any conflict that may arise will be based on the FGMA MOU and City policy and not on this sheet. For further information on any of the above benefits, please see the current MOU or the Human Resources Department.

HOLIDAYS: Eligible date of hire. Those scheduled for forty (40) hour work week receive the following holidays:

New Year’s Day
Martin Luther King Day
President’s Day
Memorial Day
Juneteenth
Independence Day
Labor Day
Columbus Day
Veteran’s Day
Thanksgiving
Thanksgiving – Day after
Christmas
Christmas Eve
New Year’s Eve

PAID HOLIDAYS /VACATION IN-LIEU OF HOLIDAY: To be eligible for holiday compensation (including in-lieu holiday credit), a new hire must be in paid status on the regularly scheduled workday immediately preceding the observed holiday. Employees who are required to work on holidays accrue holidays as cash payment. The accrual rate is 48 hours per year. (1.847 hours per pay period.) Those required to report to work on holidays, accrue vacation in-lieu of holiday at an accrual rate of 64 hours per year (2.46 hours per pay period).

SICK LEAVE: Annual accrual of 12 days . Employees are eligible to use sick leave as it is accrued. There is no limit on the amount of accumulated sick leave. At employee’s option, City pays cash for 25% of unused sick le ave accrued the twelve months from end of each November. See MOU for payoff upon death benefits.

HEALTH CARE, LIFE INSURANCE AND OTHER BENEFITS

HEALTH/DENTAL/VISION PLANS: Eligible first day of first month after date of hire. The City provides generous contributions towards medical, dental and vision plans. Please see current rate sheets in Employee Benefits Guide for more information.

HEALTH INSURANCE OPT-OUT: With proof of other coverage, employee may decline health/dental coverage and receive a maximum of $518 per month (taxable). If dental or vision is elected, then the $518 will be reduced by the city cost of these benefits.

HEALTH CARE, LIFE INSURANCE AND OTHER BENEFITS (CONTINUED)

SHORT TERM DISABILITY: Eligible first of the month after 3 months of employment. The employee currently pays $6.00 per month premium on an after-tax basis. The City administers the self-funded STD plan The STD benefit schedule shall match the State Disability Insurance (SDI) benefit schedule. Benefits commence after a seven-day waiting period, or immediately if hospitalized.

LONG TERM DISABILITY INSURANCE: Eligible first day of first month after date of hire. Effective 180 days after date of injury or illness causing disability. Maximum compensation is equal to 60% of salary.

BASIC/ADDITIONAL LIFE INSURANCE: Eligible first day of first month after date of hire. City pays in full an amount equal to 1.5 times the annual salary rounded to the next $1,000 for a Life and Accidental Death/Dismemberment insurance policy to a maximum of $150,000. For supplemental life insurance, employees will be able to purchase coverage equal to six times their annual salary up to $500,000. Health questionnaires are required for the purchase of supplemental life insurance.

OTHER BENEFITS:

City paid Employee Assistance Plan (EAP) Bereavement Leave Optional health care and dependent care FSAs Optional financial consulting services

RETIREMENT/DEFERRED COMPENSATION

CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM (CALPERS): Employee retirement contributions will be on a pre-tax basis pursuant to IRS Section 414(h)(2). Employee pays survivor's benefit (currently $24 per year). City does not participate in Social Security;

1.45% of gross salary is a mandatory payroll deduction for Medicare coverage.

CLASSIC CALPERS MEMBER

TIER 1  2.7% at 55 retirement formula  Single highest year coverage  Employee contribution rate is 10.75% Classic members hired with the City of Fairfield on or prior to August 25, 2012

TIER 2  2.5% at 55 retirement formula  Three-year average  Employee contribution rate is 10.75% Classic members hired with the City of Fairfield on or after August 26, 2012 and before November 18, 2025

TIER 3  2.5% at 55 retirement formula  Three-year average  Employee contribution rate is 10.5% Classic members hired with the City of Fairfield on or after November 18, 2025

BENEFIT SUMMARY SHEET (CONTINUED)
CONFIDENTIAL MANAGEMENT: July 1, 20252 through June 30, 20275

The statements on these pages are intended to be general and not inclusive of all benefits. Any conflict that may arise will be based on the FGMA MOU and City policy and not on this sheet. For further information on any of the above benefits, please see the current MOU or the Human Resources Department.

* City Paid EPMC is 2.5% for employees hired prior to 11/18/2025; employees hired on or after 11/18/2025 will not receive EPMC. Employer paid member contributions (EPMC) are reported to PERS as salary for PERS retirement purposes only.

NEW CALPERS MEMBER

Brought into CalPERS for the first time on or after January 1, 2013 with no prior membership in any Californ ia public retirement system.

 2% @ 62 retirement formula  3 year average for final compensation  Employee contribution shall be half the normal cost of the
retirement plan as defined by
CalPERS (currently 7.75%)
EMPLOYEE DEFERRED COMPENSATION ACCOUNTS:

401(a): Eligible date of hire and enrollment must occur within 30 days from eligibility date; enrollment is required and irrevocable.

For employees hired before 11/18/2025, City contribution is 10.4011% or, at employee’s election, may increase to 13.16% if the 2.16% benefit from Personal Leave is deferred into 401(a).; mandatory employee contribution isEmployees must contribute a minimum of 4.10%.

For employees hired on or after 11/18/2025, City contribution is 10%. Employees must contribute a minimum of 4%. City contributions vest after five (5) years; employee contributions vest immediately.

457 DEFERRED COMPENSATION PLAN: Eligible date of hire. Enrollment is optional and shall not include any City contribution.

Employees are eligible to make contributions by way of Traditional (pre-tax), Roth (after-tax), or a combination of both into the 457 Plan not to exceed the annual maximum.

RETIREE MEDICAL EXPENSE PROGRAM: The City contributes $50 per month to the MissionSquare VantageCare Retiree Health Savings PlanHealth Reimbursement Arrangement (HRA) program. Sick leave hours accumulated beyond the minimum threshold of 500 hours will be converted to this program on an annual basis.

Agenda Item No: L.5

AGENDA REPORT
DATE: December 2, 2025

TO: Mayor and Council

FROM: David Gassaway, City Manager

SUBJECT: Resolution 2025-242 PR Downtown Theatre Management Agreement

Authorizing the City Manager to Negotiate a Management Agreement with Rodgers Creative Enterprises to Manage and O perate the Fairfield Center for Creative Arts, also Known as the Downtown Theatre

Funding Source: N/A

Contact: Kristina Kaunzinger, (707) 428-7470

RECOMMENDED ACTION
Adopt resolution.

STATEMENT OF ISSUE
Authorize city manager or his assigned designee to negotiate a management agreement with Rodgers Creative Enterprises to provide comprehensive oversight and management of the City’s Downtown Theatre.

DISCUSSION
Since 2012, and through extension renewals, the Downtown Theatre Foundation for the Arts (DTFA) has been contracted to operate and manage the Fairfield Center for Creative Arts, commonly referred to as the Downtown Theatre. Per the recent agreement the City provides direct funding, $30,000 each quarter, reimburses 60% of utility costs, and covers miscellaneous direct costs associated with various maintenance and repairs conducted by City staff. City staff time is not billed for the repairs. The average impact on the General Fund is $175,000 per year.

At the 2025 City Council retreat, direction was given to solicit a Request for Qualifications (RFQ)/Request for Proposals (RFP) seeking comprehensive venue management of the Downtown Theatre. Explicit requirements within the solicited scope were to reduce the subsidy and reliance on General Fund and actively engage with meeting the vision of the “Heart of Fairfield” plan.

An RFQ/P was released on May 19, 2025, and the city received three responses – Downtown Theatre Foundation for the Arts (DTFA), Rodgers Creative Enterprises (Rodgers), and Big Lights, Little City (BLLC). All three companies were deemed qualified and invited to a first round of review/interviews. A selection committee comprised of six individual s participated in independent review of the Statements of Qualification (SOQs) documents and collectively participated in interviewing the respondents. The committee included: City Manager , David Gassaway, Community/Economic Development Director, David Zel lers, Park & Recreation Superintendent, Juanita Johnson, Communications Manager, Bill Way, Parks & Recreation Administrative Services Manager, Stacy Phillips, and Community/Economic Development Project Manager, Keisha Mamaril. Park & Recreation Director, Kristina Kaunzinger, facilitated the RFQ/P process and interviews.

The results of the first round were as follows: 1st – BLLC, 2nd – Rodgers, and 3rd – DTFA. While DTFA ranked 3rd, in consideration of the long-standing relationship with the city, and as current operator, DTFA was included in the second round.

The second round required respondents to prepare an overall operating plan, business plan, marketing plan and cost proposal. The same selection committee members independently reviewed and scored the submitted documents. All three respondents were invited to interview and provide a presentation of their plans. The same selection committee, except for City Manager David Gassaway, were present for the interview/presentations. The results of the second round were as follows: 1st – Rodgers, 2nd – BLLC, and 3rd – DTFA.

Each of the respondents has experience and capacity to solicit donations, sponsorship, and volunteers in support of the operation and needs of the Theatre.

Each of the respondents have experiential knowledge of the operational needs of the Downtown Theatre, with representatives who are currently, or had formerly been directly involved with operations, programming, and technical assistance.

All three respondents conveyed a passion for the creative arts and acknowledged the importance of providing community arts through the Downtown Theatre.

In summary of the three respondents:

Big Lights, Little City
 Diverse/comprehensive business/management
 Presented diverse and creative uses of the facility
 Provided an escalating reduction of city support
 Multiple venues - experienced management team
 Indicated desire and excitement to work with other respondents and Solano County groups

Rodgers Creative Enterprises
 Diversity of services relating to theatre, arts and community  Presented diverse and creative uses of the facility
 Provided an escalating reduction of city support
 Indicated desire and excitement to work with other respondents and integrate other groups

Downtown Theatre Foundation for the Arts
 Community oriented
 Presented additional program idea
 Requested additional financial support with on-going contribution from the City’s General Fund
 Stated if not selected, would move programming to a different venue

The RFQ/P process required respondents to the SOQ to include a minimum of three references that best mirror the required scope of services illustrated in the RFQ/P solicitation. Staff conducted phone interviews with references.

Staff are seeking approval of the proposed resolution, authorizing the city manager or assigned designee to negotiate a contract with Rodgers to provide management services of the Downtown Theatre.

FINANCIAL IMPACT
None currently. The draft agreement will be presented to council for approval at a future regular council meeting.

PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
N/A

ALTERNATIVE ACTION
Staff will proceed with any alternative action as directed by council.

COORDINATED WITH
N/A

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

ATTACHMENTS
Attachment 2: Proposed Resolution
Attachment 3: DRAFT Scope of Services

Attachment 4: Score Sheets Round 1
Attachment 5: Score Sheets Round 2
Attachment 6: Rodgers Plans Submittal
Attachment 7: Big Lights Little City Plans Submittal
Attachment 8: DTFA Plans Submittal

CITY OF FAIRFIELD

RESOLUTION NO. 2025-242

AUTHORIZING THE CITY MANAGER TO NEGOTIATE A MANAGEMENT AGREEMENT WITH

RODGERS CREATIVE ENTERPRISES TO MANAGE AND OPERATE THE FAIRFIELD CENTER FOR

CREATIVE ARTS, ALSO KNOWN AS THE DOWNTOWN THEATRE

WHEREAS, at the January 2025 City Council Retreat, council provided direction to staff to solicit a Request for Qualifications (RFQ)/Request for Proposals (RFP) seeking comprehensive venue management of the Downtown Theatre with explicit requirements to reduce the sub sidy and reliance on general fund and actively engage with meeting the vision of the “Heart of Fairfield” Plan; and

WHEREAS, an RFQ/RFP was released on May 19, 2025, with response from three companies (Big Lights Little City, Downtown Theatre for the Arts Foundation, and Rodgers Creative Enterprises) to serve as operator to manage the City’s Downtown Theatre; and

WHEREAS, Rodgers Creative Enterprises ranked highest through a comprehensive evaluation process by a formal selection committee.

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

Section 1. The city manager or assigned designee is authorized to negotiate a management contract with Rodgers Creative Enterprises to manage the City’s Downtown Theatre.

PASSED AND ADOPTED this 2nd day of December 2025, by the following vote:

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

_________________________________________________
MAYOR
ATTEST:
___________________________

CITY CLERK

The information below illustrates what is expected for “Scope of Services” elements to incorporate into agreement for management of the Downtown Theatre (not all inclusive)  Provide professional management system designed to provide on-going administration and management of Theatre for day-to-day operation.  Develop operating budget, programming models, rental rates, operating policies, short- and long-term Theatre improvements.
 Develop strategies and business plans for most efficient and cost-effective operation and for the benefit of the community.
 Operate a financial management system for which the City will have final policy and procedural approval. Implement financial system including accounts payable, accounts receivable, banking systems, box office, cash management and other appropriate financial tools.
 Develop and implement marketing plans to promote ticket sales, to promote use of the Theater by third parties, and to solicit sponsorships, donations and seek volunteers. Plans may include press releases, media kits, emails, social media posts, brochures, flyers, posters billboards, print media, electronic media, public appearances, interviews, and other tools as deemed appropriate. Marketing plan should seek to grow reach by reporting metrics for followers across platforms, impressions, purchased media reach, and page views, among other commonly utilized metrics.
 Maintain Theatre website to include current and upcoming events, show information and ticket purchase capabilities. Include information on rental opportunities, policies, etc., and sponsorship/donation opportunities.  Provide qualified full-time and part-time employees for Theatre operation, such as Theatre Manager, Box Office Manager and staff, production manager, technical director, stagehands, technical staff, and other employees or volunteers as needed. Responsible for hiring, training, and supervising all employees and volunteers. This service includes managing payroll and employee systems and providing customer service training.
 Manage the Theatre box office including ticket sales, box office reports, patron seating, management of patron information and administration of the computerized box office system.
 Manage custodial services and report maintenance issues to City’s liaison.  Develop and manage a comprehensive in-house concession program to include contract partnerships with downtown and local restaurants, wineries, and other local food/beverage service providers.
 Develop diverse programming as an economic driver to attract audiences from Bay Area, Napa, and Sacramento areas. Curate a mix of professional touring and local productions, national touring headliners, artists or productions, resident

companies, comedy and speaker series, concerts, cultural events, general rental, etc.
 Responsible for talent buying and event production services. Negotiate Talent contracts which includes contract riders, production requirements, staffing requirements, security, bus and truck parking, air transportation, ground transportation, lodging, catering services, merchandise rights, financial settlement procedures, media rights, approval of marketing plans, approval use of artists’ images, approval of artists’ recorded materials, media and public access to artists, backstage accessibility and other issues.  Provide monthly financial reports and other programming and operating reports that include information regarding ticket sales, concession sales, rental reservations for theatre usage, customer service issues, marketing and sales trends, industry trends, and other data that may be reasonably requested by City.  Partner with City to conduct capital campaign and fundraising efforts to support operations, deferred maintenance, and facility improvements.

Rodgers Creative
Enterprises

THEATRE USE
POLICY
Downtown Theatre Fairfield, CA

1

Introduction
The Downtown Theatre exists to serve as a cultural, educational, and community hub for Fairfield

and

Solano

County.

This

policy

establishes

the

rules,

procedures,

and

requirements

for

all

users

of

the

facility.

It

is

designed

to

ensure

professional

operations,

protect

City

assets,

and

provide

equitable

access

to

community

groups,

schools,

nonprofits,

and

professional

renters.

The Theatre is operated by Rodgers Creative Enterprises (RCE) through Center Stage Management,

under

agreement

with

the

City

of

Fairfield.

A. Applications & Reservations
Application Timeline
All rental applications must be submitted a minimum of forty-five (45) days in advance of the first

requested

date

of

use.

For large-scale productions or events with complex technical needs, a lead time of ninety (90) days

is

strongly

recommended

to

allow

for

adequate

planning,

staffing,

and

review.

Applications submitted less than 45 days in advance may be considered at the discretion of the Theatre

Operator,

subject

to

staff

and

resource

availability,

and

may

incur

additional

fees.

Required Documentation
A completed Facility Use Application and Technical Rider are required for all requests.

Any modifications to these documents after submission must be made in writing and no later than

two

(2)

weeks

prior

to

the

first

event

date.

The application must designate a responsible Authorized Representative (age 18+) who is empowered

to

enter

into

contracts,

make

binding

decisions,

and

serve

as

the

primary

point

of

contact

for

the

event.

Reservation Confirmation
No reservation is confirmed until a signed Facility Reservation Contract has been executed by the

Theatre

Operator

and

all

required

deposits

have

been

received.

Absolutely no publicity, advertising, ticket sales, or public announcements may occur until the applicant

has

received

a

fully

executed

contract.

2

Deposits & Payments
A refundable security/damage deposit is required with submission of the application (see Exhibit A

for

deposit

schedule).

All base rental fees and estimated staffing/equipment charges will be deducted from gross ticket sale

revenue.

Within

14 calendar

days

after

the

final

performance,

the

client

will

receive

a

settlement

statement.

● If ticket sales exceed the total rental and staffing/equipment charges, the client will be issued a check

for

the

remaining

balance.
● If fees exceed ticket sale revenue, the outstanding balance must be paid in full within 30 calendar days

of

the

settlement

statement.

Reservations may be canceled if deposits or payments are not received on schedule.

Tours & Pre-Event Meetings
Facility tours must be scheduled in advance with the Rental Manager.

For events with significant technical or front-of-house requirements, a pre-production meeting with

the

Technical

Director

and

Rental

Manager

is

required

at

least

four

(4)

weeks

prior

to

load-in.

Scheduling & Priority Use
Rental dates may be booked up to twelve (12) months in advance.

Priority scheduling will be extended to:
● Resident companies (e.g., Starbound Theatre, Solano Community Players). ● City-sponsored or co-sponsored events. ● Educational and nonprofit groups serving Fairfield and Solano County.

The City of Fairfield and Theatre Operator reserve discretionary booking rights to:
● Prevent scheduling conflicts. ● Avoid oversaturation of similar event types. ● Ensure community access and benefit.

3

Use Restrictions
Overnight use of the facility is prohibited. Rental times must include set-up, rehearsal, event duration,

and

clean-up.

The Theatre may deny or restrict booking requests for events deemed hazardous, unlawful, or contrary

to

community

standards

and

the

best

interests

of

Fairfield

residents.

B. Payment of Fees & Deposits
Security/Damage Deposit
A refundable security/damage deposit is required for all events. The amount is determined by event

type

and

space

rented

(see

Exhibit

A:

Fee

Schedule).

The deposit secures the rental date, covers potential damages, and ensures compliance with Theatre

policies.

Deposits may also be applied to cover excessive cleaning, lost or damaged equipment, or unpaid balances.

Base Rental Fees & Pre-Payments
Base rental fees and all estimated labor, equipment, and service charges will be deducted from

gross

ticket

sales.

Settlement

statements

will

be

issued

within

fourteen

(14)

calendar

days

after

the

final

performance:

●

If ticket sales exceed total charges, the client will receive a check for the remaining balance.

If

charges

exceed

ticket

sales,

the

outstanding

balance

must

be

paid

in

full

within

thirty

(30)

calendar

days

of

the

settlement

statement.

Acceptable forms of payment for outstanding balances include credit card, cashier’s check,

or

certified

funds.

Final Settlement
Following the conclusion of the event, the Theatre will prepare a Final Settlement Report detailing

actual

labor,

equipment,

and

facility

usage.

Any outstanding balance is due within thirty days of settlement.

4

Refund of Deposits
Refundable deposits will be returned in full provided the following conditions are met:
● No damages to the facility or equipment occurred. ● All Theatre rules and regulations were followed. ● The facility was left in a clean and orderly condition. ● No outstanding fees or charges remain unpaid.

Deposits may be applied to the final balance at the discretion of the Theatre Operator.

Late Payments & Penalties
Failure to meet payment deadlines may result in cancellation of reservation and forfeiture of deposits.

Returned checks or denied payments will incur an additional administrative fee and must be corrected

within

five

(5)

business

days

to

avoid

cancellation.

C. Cancellations & Force Majeure
Notice Requirement
All cancellations must be submitted in writing by the Client whose name appears on the Facility Reservation

Contract.

Verbal

cancellations

are

not

valid.

The effective date of cancellation is the date the written notice is received by the Theatre Operator.

i.

Client-Initiated Cancellations & Fee Schedule
90+ Days Prior to First Event Date: Refund of fees paid, less a $125 non-refundable processing fee.

89–61 Days Prior: Fifty percent (50%) of rental and service fees forfeited; balance refunded. 60–31 Days Prior: Seventy-five percent (75%) of rental and service fees forfeited; balance refunded.

30 Days or Less: One hundred percent (100%) of rental and service fees forfeited; no refund.

Deposits may also be withheld to cover administrative costs if cancellation results in significant disruption

to

scheduling.

5

City-Initiated Cancellations
The City of Fairfield and Theatre Operator reserve the right to cancel an event in the case of emergencies,

public

safety

concerns,

or

facility-related

issues.

In such instances, the Client will receive a full refund of deposits and prepaid fees. The City and Theatre

Operator

will

not

be

responsible

for

indirect

or

consequential

losses,

such

as

lost

ticket

sales,

advertising,

or

travel

expenses.

Force Majeure
Neither party shall be held liable for failure to perform obligations if the event is rendered impossible

due

to

causes

beyond

their

reasonable

control,

including

but

not

limited

to:

fire,

earthquake,

flood,

civil

disturbance,

labor

strike,

epidemic,

pandemic,

or

governmental

order.

In such cases, the Facility Reservation Contract will be deemed null and void, with all prepaid fees

and

deposits

refunded

in

full.

Rescheduling Option
Subject to availability, Clients may request to apply forfeited fees to a future booking within twelve

(12)

months

of

the

original

event

date.

Approval of rescheduling is at the sole discretion of the Theatre Operator and is not guaranteed.

D. Insurance & Liability Requirements
General Liability Insurance
All rental clients are required to obtain and maintain Commercial General Liability Insurance in an

amount

not

less

than

$1,000,000

per

occurrence

and

$2,000,000

aggregate.

Coverage must be written on an “occurrence” basis and include bodily injury, property damage, and

personal

injury.

Additional Insured
The City of Fairfield and Rodgers Creative Enterprises (RCE) must be listed as Additional Insured

on

the

Certificate

of

Insurance.

6

The certificate must include the following endorsement language: “The City of Fairfield and Rodgers

Creative

Enterprises,

their

officers,

agents,

employees,

and

volunteers

are

named

as

additional

insureds.”

Proof of Insurance
Proof of insurance (Certificate of Insurance and Additional Insured Endorsement) must be submitted

no

later

than

thirty

(30)

days

prior

to

the

first

scheduled

date

of

use.

Failure to provide acceptable proof of insurance by this deadline may result in cancellation of the reservation

and

forfeiture

of

deposits.

Special Coverages
Events serving or selling alcohol must also provide proof of Liquor Liability Insurance with minimum

limits

of

$1,000,000

per

occurrence.

If vehicles are used in conjunction with the event, Automobile Liability Insurance with minimum coverage

of

$1,000,000

is

required.

Workers’ Compensation insurance must be maintained if the Client employs staff or contractors for

event

operations,

as

required

by

California

law.

Responsibility for Damages
Clients are fully responsible for any damages to the Theatre facility, equipment, or furnishings that

occur

during

their

rental

period,

whether

caused

by

themselves,

their

staff,

volunteers,

vendors,

or

attendees.

Costs for repair or replacement will be billed directly to the Client and may be deducted from the security/damage

deposit.

Indemnification
As a condition of use, all Clients must agree to defend, indemnify, and hold harmless the City of Fairfield,

Rodgers

Creative

Enterprises,

and

their

officers,

agents,

employees,

and

volunteers

from

and

against

any

and

all

claims,

damages,

liabilities,

costs,

and

expenses

(including

attorney’s

fees)

arising

out

of

or

related

to

the

Client’s

event,

except

for

claims

resulting

directly

from

the

sole

negligence

or

willful

misconduct

of

the

City

or

Theatre

Operator.

7

E. Security & Safety
Client Responsibility
Clients are responsible for ensuring the safety and orderly conduct of all persons associated with their

event,

including

staff,

volunteers,

performers,

vendors,

and

attendees.

Any incidents of disorderly conduct, vandalism, or unsafe behavior may result in immediate suspension

or

cancellation

of

the

event,

with

fees

forfeited.

Theatre & City Authority
The Downtown Theatre reserves the right to require security personnel at the Client’s expense for

certain

types

of

events,

including

but

not

limited

to:

● Concerts and high-capacity performances. ● Youth-centered gatherings. ● Dignitary appearances or political events. ● Events involving alcohol service.

Security requirements will be determined during the rental review process and must be met no later

than

ten

(10)

days

prior

to

the

event.

Additional Staff Assignments
For the safety of patrons and preservation of the facility, the Theatre Operator may assign additional

front-of-house

or

technical

staff

for

crowd

management,

lobby

monitoring,

or

backstage

supervision.

Costs for additional staff will be billed to the Client and reflected in the Final Settlement Report.

Capacity Limits & Fire Code Compliance
At no time may attendance exceed the maximum seating capacity of the Theatre, lobby, or ancillary

spaces,

as

posted

by

the

City

of

Fairfield

Fire

Marshal.

Emergency exits, aisles, hallways, loading docks, and fire lanes must remain unobstructed at all times.

No

furniture,

decorations,

cables,

or

props

may

block

egress

paths.

Emergency Preparedness
All event personnel and volunteers must follow the Theatre’s established Emergency Procedures, which

include

evacuation

protocols,

medical

response,

and

severe

weather/fire

contingencies.

At the discretion of the Theatre Operator, a pre-event safety briefing may be conducted with the Client’s

staff

and

volunteers.

8