CITY OF FAIRFIELD
CITY COUNCIL
MEETING AGENDA
Tuesday, April 21, 2026, 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'S REPORT
G. CITY ATTORNEY'S REPORT
H. CITY CLERK'S REPORT
I. PRESENTATIONS
I.1 Proclamation Declaring National Poetry Month Presented by Mayor Catherine "Cat" Moy and Poet Laureate Michael Wyly
I.2 Proclamation Declaring National Volunteer Appreciation Month Presented by Vice Mayor Pam Bertani
I.3 City Key Presentation to Jesse Branch for His Service Presented by Mayor Catherine "Cat" Moy
I.4 Youth Air Protectors Presented by Willa Gruver from Sustainable Solano I.5 Vista Ridge Appraisal Presented by Housing Services Director LaTanna Jones 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 CM Approval of Meeting Minutes for March 2026 6
Approval of Meeting Minutes for March 2026
Funding Source: N/A
Contact: Karen Rees, (707) 428-7767
Recommended Action:
Approve the meeting minutes.
K.2 CM Minute Action Approving City Facility Naming to Honor Chris Bell 31 Funding Source: N/A
Contact: Esther Beavers, (707) 428-7402
Recommended Action:
Approve city facility naming honoring Chris Bell.
K.3 Resolutions 2026-58 and 2026-59 PW Micro-Trenching Specifications and Standards and Broadband Specifications and Standards
43 2026-58 Authorizing the City Council to Adopt the Micro-Trenching Specifications and Standards into the Public Works Standards Specifications; and
2026-59 Authorizing the City Council to Adopt the Broadband Specifications and Standards into the Public Works Standards Specifications Funding Source: N/A
Contact: Ryan Panganiban, (707) 428-7017
Recommended Action:
Adopt resolutions.
K.4 Resolution 2026-60 PW Adaptive Traffic Control System Support Services 67 Authorizing the City Manager to Execute a Professional Service Agreement with Rhythm Engineering to Provide Maintenance Services for the Fairfield Adaptive System Traffic Signal Project
Funding Source: $160,000; AB1600 Streets Fund
Contact: Ryan Panganiban, (707) 428-7017
Recommended Action:
Adopt resolution.
K.5 Resolution 2026-61 PW Awarding Site Improvements Lee Bell Park 82 Approving the Plans and Specifications and Awarding a Contract to Terocons
Inc. for Site Improvements for the Lee Bell Restroom Project Funding Source: $251,300; Community Development Block Grant Contact: Marisa Cumpian, (707) 428-7494
Recommended Action:
Adopt resolution.
K.6 Resolution 2026-62 PW Suspend Competitive Bidding and Authorize a Contract for the First-In Alerting Systems for Fire Stations 36 and 39 Project 87 Suspending Competitive Bidding and Authorizing the City Manager to Execute a Contract Between the City of Fairfield and Westnet, Inc. for Installation of First- In Alerting Platform Systems for Fire Stations 36 and 39 and Authorizing an Update to the Fiscal Year 2025-2026 Budget
Funding Source: $459,776; Intergovernmental Loan Fund
Contact: Ryan Panganiban, (707) 428-7017
Recommended Action:
Adopt resolution.
K.7 Resolution 2026-63 PD Authorization to Purchase and Use Military Equipment 130 Authorizing the City Manager to Execute and Approve the Purchase and Use of Military Equipment in Accordance with Ordinance 2022-06 Funding Source: $192,375; General Fund
Contact: Jausiah Jacobsen, (707) 428-7314
Recommended Action:
Adopt resolution.
K.8 Resolution 2026-64 CD Model Airplane Club License Agreement 215 Approving and Authorizing the Execution of the Model Airplane Club License Agreement Between the City of Fairfield and the Vaca Valley Radio Controllers Club, Inc.
Funding Source: N/A
Contact: Dave Zellers, (707) 428-7436
Recommended Action:
Adopt resolution.
L. PUBLIC HEARINGS
L.1 Resolutions 2026-65 and 2026-66 CD North Texas Street Business Improvement District
225
Resolution 2026-65 Levying an Assessment for Calendar Year 2026 for the
North Texas Street Business Improvement District; and
Resolution 2026-66 Approving an Agreement with the North Texas Street Business Association for the Calendar Year 2026 Operation and Administration of the North Texas Street Business Improvement District Funding Source: N/A
Contact: Dave Zellers, (707) 428-7436
Recommended Action:
Hold public hearing and adopt resolutions.
M. NEW BUSINESS
M.1 Discussion and Direction Regarding the Future State of Landscaping and Lighting Maintenance Districts and Assessment Refunds
245
Funding Source: N/A
Contact: David Lim, (415) 421-8484
Recommended Action:
Receive report, open discussion, and provide direction to staff.
N. ADJOURN
ADJOURN TO TUESDAY, MAY 5, 2026, 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, April 15, 2026.
Agenda Item No: K.1
AGENDA REPORT
DATE: April 21, 2026
TO: Mayor and Council
FROM: David Gassaway, City Manager
SUBJECT: CM Approval of Meeting Minutes for March 2026
Funding Source: N/A
Contact: Karen Rees, (707) 428-7767
RECOMMENDED ACTION
Approve the meeting minutes.
STATEMENT OF ISSUE
Minutes need approval by the City Council.
DISCUSSION
The City Council Minutes for March 2026 have been approved by the city attorney and need council approval.
FINANCIAL IMPACT
N/A
PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
N/A
ALTERNATIVE ACTION
The council may choose to modify the minutes , which will result in bringing this item back at a future date.
COORDINATED WITH
City Attorney’s Office
STAFF CONTACT
Esther Beavers, Deputy City Clerk
(707) 428-7402
[email protected]
ATTACHMENTS
Attachment 2: 03-03-2026 Closed Session Minutes
Attachment 3: 03-03-2026 City Council Minutes
Attachment 4: 03-10-2026 Closed Session Minutes
Attachment 5: 03-17-2026 Closed Session Minutes
Attachment 6: 03-17-2026 City Council Minutes
1 CITY OF FAIRFIELD
CITY COUNCIL
CLOSED SESSION MEETING
TUESDAY, MARCH 3, 2026; 5:00 PM
CITY MANAGER’S OFFICE CONFERENCE ROOM
1000 WEBSTER STREET, 4TH FLOOR, FAIRFIELD, CA 94533
OR VIA ZOOM
MINUTES
CALL TO ORDER
Mayor Catherine “Cat” Moy called the meeting to order at 5:00 p.m. City Attorney David Lim called roll.
Councilmember Doug Carr - Present
Councilmember Doriss Panduro - Absent
Councilmember Manveer Sandhu - Present (5:06 PM)
Councilmember Scott Tonnesen - Present
Councilmember K. Patrice Williams - Present
Vice Mayor Pam Bertani - Present
Mayor Catherine “Cat” Moy - Present
PUBLIC COMMENTS
A member of the public with phone number ending in “121” asked to speak but via zoom but then disconnected and did not return. No other members of the public wished to speak at public comment.
The City Council went into closed session on the following item with the listed people present:
F.1. Conference with Legal Counsel - Existing Litigation
(Paragraph (1) of subdivision (d) of Section 54956.9)
Name of C ase: Jessica Fleshman v. City of Fairfield, Solano County Superior Court case no.
CU23-01799
Present were City Attorney David Lim, C ity Manager David Gassaway, Assistant City Manager Farbod Pirouzmand, Fire Chief John Sturdee, Risk Managers Chris Carmona and Erika Milton, and attorney Arecelia Hurtado.
The City Council came out of closed session.
Mayor Moy adjourned the meeting at 5:27 p.m.
2 ______________________________
City Attorney
________________________________
Mayor
1 CITY OF FAIRFIELD
CITY COUNCIL MINUTES
March 3, 2026, 6:00 p.m.
Harry T. Price Memorial Council Chamber
1000 Webster Street, Fairfield, CA 94533 or Via Zoom
_____________________________________________________________________
A. CALL TO ORDER 6:00 PM
Mayor Catherine "Cat" Moy called the meeting to order at 6:00 pm.
B. ROLL CALL
On roll call were Councilmembers Doug Carr, Manveer Sandhu, Scott Tonnesen, and K.
Patrice Williams , Vice Mayor Pam Bertani, and Mayor Moy. Councilmember Doriss Panduro was absent.
C. INVOCATION - Michelle King, M.D of Freedom from Religion Foundation and the Satanic Temple
Dr. Michelle King of Freedom from Religion Foundation and the Satanic Temple gave an invocation.
D. PLEDGE OF ALLEGIANCE
City Manager David Gassaway led the Pledge of Allegiance.
E. COUNCIL REPORTS
Councilmember Sandhu reported he attended the Soroptimist International of Central Solano County Hollywood Gala fundraiser at Green Valley Country Club on February 28.
The funds raised benefit the Soroptimist's commitment to improving the lives of women and girls through prog rams such as Live Your Dream Awards, PAL Teen Center, Assist -A- Grad Scholarships, literacy programs, and more. He also reported that due to the Iran War conflict, if you need to get on Travis Air Force Base for medical appointments, expect delays. The base is at a slightly heightened security threat currently. Mayor Moy stated that those with passes for TAFB cannot bring visitors during this time.
Vice Mayor thanked everyone for attending the council meeting. She reported that the Fairfield Clergy Action Network (CAN) met on February 24, and the guest speaker was City Manager Gassaway, who gave an informational presentation about the Measure P tax measure that will be placed on the November ballot for voters to decide. Next, she reported that the National D ay of Prayer is planned for Thursday, May 7, in Council
2 Chamber or outside if weather permits. Lastly, she requested the community to save the date for June 19 for a Juneteenth celebration that is returning to Fairfield this year.
Councilmember Carr had nothing to report.
Councilmember Tonnesen announced that a new coffee shop is coming to downtown Fairfield next month called "Hustle and Grind Coffee Company," located in the 700 block of Texas Street. He reported the State of the City event held on February 19 was very well attended, as was the Fire Department Employee Annual Awards held at the Downtown Theatre, which recognized employees for extraordinary service, including posthumously to Chris Bell, retired fire engineer, who died of job related cancer on November 4, 2025.
His widow accepted the award in his honor.
Councilmember Williams wished everyone a Happy Women's History Month and International Day of the Woman (which is March 8 -- also her birthday!), which is a reflection point for her each year about what goals she has accomplished, both personally and professionally. She said that she has grown immensely in her role as a councilmember.
She stated that the work is not always easy, but expressed that she is here to serve every resident, even those who disagree with her.
Mayor Moy reported that she and the Vice Mayor will start holding public town hall meetings for each district but open for all residents. Vice Mayor Bertani added that the first meeting will be held on Saturday, March 28, for District 1. Location to be determined.
F. CITY MANAGER'S REPORT
City Manager David Gassaway had no report. He stated there were no changes to the agenda.
G. CITY ATTORNEY'S REPORT
City Attorney David Lim reported on a settlement that was approved by the council during closed session on February 17, 2026, in the matter of Workers Compensation Appeals Board matter by Benjamin Losoya, Claim No. FFL2000045 (Paragraph (1) of subdivision (d) of Section 54956.9). A settlement was reached by the Workers Compensation Appeal s Board on February 23, 2026 (ADJ16010666). The full settlement amount can be found on the Workers Compensation Appeals Board website.
H. CITY CLERK'S REPORT
City Clerk Karen Rees had nothing to report.
I. PRESENTATIONS
I.1 Proclamation Declaring Red Cross Month Presented by Councilmember Scott Tonnesen
Councilmember Tonnesen presented a proclamation recognizing American Red Cross Month to Nanette McKnight Shamieh, local Red Cross volunteer and photographer.
3 March is American Red Cross Month in the North B ay and across the Northern California Coastal Region, honoring volunteers, donors, and community heroes.
J. PUBLIC COMMENTS
Jared Preston, Jim Carr, Cynthia Apaka, Julie Baptista, Cordwainer Bird, and Vince Guisande spoke about the need for a park ranger i n Rockville Hills Regional Park and several maintenance issues in the park. Mayor Moy said she would speak to City Manager Gassaway as to when they can agendize the park situation at a future council meeting to address the issues and the lack of a ranger for the past three years.
Lavada Hall spoke about the unhoused and a NorthBay navigation center.
Marianne Butler spoke about the Solano Resource Conservation District - "2025 A Year in Review."
Patrick Williams spoke about California Forever and other matters.
Dr. Sam Morris spoke about NorthBay Church and a potential navigation center at 310 Beck Avenue.
EJ Johnson spoke about upcoming events at the Downtown Theatre.
K. CONSENT CALENDAR
There were no requests to speak on consent calendar. Vice Mayor Bertani made a motion to approve the consent calendar. Councilmember Carr seconded the motion. The motion carried unanimously (6-0).
Moved by: Vice Mayor Bertani
Seconded by: Councilmember Carr
To approve the consent calendar.
Motion Carried
K.1 Resolution 2026-26 PW Fairfield-Suisun Sewer District Right-of-Entry Agreement for Lopes Road Lift Station Improvement Project Adopt resolution.
K.2 Resolution 2026-27 PW Nomination of City Staff as Region Board Member Adopt resolution.
K.3 Resolutions 2026-28 and 2026-29 PW Awarding Construction Contract for the Solano Irrigation District (SID) Dally Canal Unit South Improvement Project and Approving an Agreement with SID for Dally Canal Project Adopt resolutions.
4 K.4 Resolution 2026-30 PW Construction Contract for the HSIP Cycle 11 Unsignalized Intersection Visibility and Safety Improvements Project Adopt resolution.
K.5 Resolution 2026-31 HD Tenant Supportive Services Funding Contract Adopt resolution.
K.6 Resolution 2026-32 IT Microsoft Renewal with SHI International Corporation Adopt resolution.
L. NEW BUSINESS
L.1 Resolution 2026-33 CM 2026 Legislative Platform
Assistant to the City Manager Liz Aptekar gave a presentation, followed by Lobbyist Jason Gonsalves of Gonsalves & Son. There were no requests to speak on this item.
Vice Mayor Bertani made a motion to approve Resolution 2026 -33.
Councilmember Sandhu seconded the motion. The motion carried unanimously (6-0).
Moved by: Vice Mayor Bertani
Seconded by: Councilmember Sandhu
Adopt resolution.
Motion Carried
L.2 Resolution 2026-34 HR Update Salary Schedule for CalPERS Reporting Purposes Human Resources Director and Assistant City Manager Farbod Pirouzmand gave a brief presentation. There were no requests to speak on this item.
Councilmember Tonnesen made a motion to approve Resolution 2026 -34.
Councilmember Sandhu seconded the motion. The motion carried unanimously (6-0).
Moved by: Councilmember Tonnesen
Seconded by: Councilmember Sandhu
Adopt resolution.
Motion Carried
M. ADJOURN
Mayor Moy adjourned the meeting at 7:12 pm to Tuesday, March 17, 2026, 6 pm, Harry T. Price Memorial Council Chamber.
5 Mayor City Clerk
1 CITY OF FAIRFIELD
CLOSED SESSION MEETING
MINUTES
March 10, 2026, 4:30 p.m.
Harry T. Price Memorial Council Chamber
1000 Webster Street, Fairfield, CA 94533 or Via Zoom
_____________________________________________________________________
A. CALL TO ORDER 4:30 PM
Mayor Catherine " Cat" Moy called the meeting to order at 4:30 p.m.
B. OPEN SESSION
C. ROLL CALL
On roll call were Councilmembers Doug Carr, Doriss Panduro, Manveer Sandhu, Scott Tonnesen, K. Patrice Williams, Vice Mayor Pam Bertani, and Mayor Moy.
D. PUBLIC COMMENTS
Joseph Joyce and Michael Jefferson spoke about the quo warranto process.
The public left the Council Chamber at 4:38 p.m.
E. CLOSED SESSION
F. PRESENTATIONS
F.1 Conference with Legal Counsel – Anticipated Litigation (Government Code section 54956.9(d)(2-4))
Present were Attorney Gary Winuk and City Manager David Gassaway. City Council directed outside legal counsel to conduct further investigation of mayor’s residency – the vote was 4-3 for that direction. The council directed the release of outside legal cou nsel’s initial report regarding the mayor’s residency (attached), the vote was 6-1 for that direction. The council placed a $25,000 cap on any further expenditures for outside legal counsel for further investigation of the mayor’s residency – the vote was 7-0 for that direction.
G. ADJOURN
Adjourned meeting at 7:10 p.m. to date/time Harry T. Price Memorial Council Chamber.
2 Mayor City Attorney
KAUFMAN LEGAL GROUP
A PROFESSIONAL CORPORATION
777 S. Figueroa Street, Suite 4050 Los Angeles, CA 90017 ma in 213.452.6565 fax 213.452.6575 www.kaufmanlegalgroup.com
MEMORANDUM
To: Mayor and City Councilmembers
City of Fairfield
From: Gary S. Winuk, Outside Counsel
Kaufman Legal Group, APC
Re:
File No.:
Date:
Residency Status of Mayor Catherine Moy
COF6509.001
March 9, 2026
You have requested
advice regarding whether the evidence submitted to outside counsel about whether City of Fairfield (“City”) Mayor Catherine Moy meets the residency requirements articulated under State law to remain eligible to continue her term as Mayor and, if not, what remedies are available to the City Council.
Procedural Background
Outside counsel
was retained by the City of Fairfield in November 2025 to provide advice to the City Council and Mayor regarding the quo warranto process found in State law to potentially challenge the eligibility of Mayor Catherine Moy to continue to serve as Mayor of the City due to questions about her residency within the City limits. A closed session meeting of the City Council was scheduled and conducted on January 20, 2026, for outside counsel to provide a presentation on the residency requirements for elected officials contained in State law, and the quo warranto process for potential removal of a public official who no longer qualifies for their elected office.
At the conclusion of the closed session meeting, outside counsel was directed to gather relevant and verified information related to the residency of Mayor Moy. This information was to come from two sources. First, any member of the public, or any member of the Council, would be permitted to submit relevant and verified information to outside counsel via e-mail. To facilitate this process, a Proton e-mail account was set up by outside counsel to receive such information.
The date by which the public could send such information was February 4, 2026. To further solicit such information, an email was drafted for distribution by Councilmembers to anyone in the public with information, which included the Proton e-mail address and the February 4, 2026, deadline. No information was submitted to outside counsel’s Proton e-mail address either before or after (as of the date of this memorandum) the February 4 deadline.
Mayor Moy was also required to provide any relevant and verified information regarding her residency to outside counsel by February 4, 2026. Mayor Moy provided a packet of information, detailed below, by the February 4 deadline. Mayor Moy’s information was forwarded to outside counsel via overnight mail by the City staff.
Memorandum to City of Fairfield March 9, 2026 Page 2 Outside counsel was required to provide a draft of this memorandum to Mayor Moy by February 16, 2026. Outside counsel provided the draft memorandum on that date. Mayor Moy was then required to provide any comments or responses to the draft memorandum by February 27, 2026. Mayor Moy provided her comments on the draft memorandum by that date, On March 1, 2026, Council Member Williams sent an e-mail to City Attorney David Lim requesting that outside counsel review the candidate papers filed by Mayor Moy to run for County Supervisor in the 2026 election cycle. Mr. Lim sent this message to outside counsel the same day. This request for additional information was outside the February 4, 2026, deadline established by the City Council for the receipt of information. However, outside counsel requested Mayor Moy’s permission to access these records, in order to provide a more complete factual record. Mayor Moy granted her permission to the Registrar to provide the requested information, which greatly sped up the ability for outside counsel to obtain it. Outside counsel then spoke with the Registrar, who provided the relevant information via telephone. All relevant, verified information was included in the preparation of this memorandum. Relevant Legal Standard to Determine Residency The City of Fairfield is a General Law City. General Law Cities, as opposed to Charter Cities, are required to follow State statues, and may not adopt ordinances that are in conflict with the provisions of State law. Therefore, State law regarding the residency requirements of City elected officials, including the Mayor and City Councilmembers, must be followed, along with any Municipal ordinances that are not in conflict with State law. The City’s Municipal Code provides that Members of the City Council shall be elected “by District” as defined in California Government Code Section 34871. It also states that the Mayor shall be elected by a city-wide election of eligible voters residing in the City of Fairfield. Further, it states that “(a) person shall not be eligible to be elected to be a Member of the City Council unless he or she is otherwise qualified as required by law, resides in the geographical area making up the district from which he or she is nominated to be elected and is a registered voter of the City of Fairfield at the time nomination papers are issued to the candidate.” (Municipal Code Section 2A.03.) Government Code Section 34871 provides that “(t)he term “by districts” shall mean election of members of the legislative body by voters of the district alone. “Geographical area making up the district” is defined to mean the district, and in the case of elections from districts shall mean the entire city except with respect to the residence requirements imposed by Government Code Section 34882. Section 34882 states that “(a) person is not eligible to hold office as a member of a municipal legislative body unless he or she is otherwise qualified, resides in the district and both resided in the geographical area making up the district from which he or she is elected and was a registered voter of the city at the time nomination papers are issued to the candidate.”
Memorandum to City of Fairfield March 9, 2026 Page 3 Residency is also referred to in Government Code Section 36502. This Section, which identifies when a vacancy occurs in a local elected City office, provides that a person is not eligible to hold office as councilmember unless she is at the time of assuming the office an elector of the city, and was a registered voter of the city at the time nomination papers were issued to the candidate. It also states that “(i)f, during his or her term of office, he or she moves his or her place of residence outside of the city limits or ceases to be an elector of the city, his or her office shall immediately become vacant.” The Government Code provides certain “rules” for residency, as follows: (a) It is the place where one remains when not called elsewhere for labor or other special or temporary purpose, and to which he or she returns in seasons of repose. (b) There can only be one residence. (c) A residence cannot be lost until another is gained. (d) The residence of the parent with whom an unmarried minor child maintains his or her place of abode is the residence of such unmarried minor child. (e) The residence of an unmarried minor who has a parent living cannot be changed by his or her own act. (f) The residence can be changed only by the union of act and intent. (g) A married person shall have the right to retain his or her legal residence in the State of California notwithstanding the legal residence or domicile of his or her spouse. (Government Code Section 244.) Residency is further defined for voter registration purposes under Elections Code Section 349, which states that: “a) “Residence” for voting purposes means a person's domicile. (b) The domicile of a person is that place in which his or her habitation is fixed, wherein the person has the intention of remaining, and to which, whenever he or she is absent, the person has the intention of returning. At a given time, a person may have only one domicile.” (c) The residence of a person is that place in which the person's habitation is fixed for some period of time, but wherein he or she does not have the intention of remaining. At a given time, a person may have more than one residence. (Elections Code Section 349.) Both sections require the union of act and intent to determine residence. California courts and the Attorney General’s office have applied this basic principle when considering the residence of public officials. For example, courts have held that “[d]espite the fact that the terms residence and domicile are often used synonymously, residence is not a synonym for domicile, and its meaning in particular statutes is subject to differing construction, depending on the context and
Memorandum to City of Fairfield March 9, 2026 Page 4 purpose of the statute in which it is used. (Kirk v. Board of Regents (1969) 273 Cal. App. 2d 430, 434-435.) In Brown v. Happy Valley Fruit Growers, Inc., 206 Cal. 515, 520, the Court ruled that “The question of residence is largely dependent upon the intent of the person whose residence is the subject of inquiry.” Similarly, in Chambers v. Hathaway, (1921) 187 Cal. 104, 105, the Court found that “Where a person has two dwellings in different places and resides a part of his time in one place and a part of the time in another alternatively, the question which of the two places is his legal residence is almost altogether a question of his intent. If a party has two residences, that will be esteemed his domicile which he himself selects or deems to be his home, or which appears to be the center of his affairs, or where he votes or exercises the rights and duties of a citizen." In interpreting the term “residency” found in Government Code Section 244, the California State Supreme Court has ruled that the term "residence" as used in section 244 means "legal residence" or "domicile." (Walters v. Weed (1988) 45 Cal.3d 1, 7; Smith v. Smith (1955) 45 Cal.2d 235, 239; see also Fenton v. Board of Directors (1984) 156 Cal.App.3d 1107, 1113.) The test for determining a person's domicile is physical presence coupled with an intention to make that place his or her permanent home. (Fenton v. Board of Directors, supra, 156 Cal.App.3d at 116.) A domicile, once acquired, continues until it is shown that a new domicile has been acquired. (DiMiglio v. Machore (1992) 4 Cal.App.4th 1260, 1268.) The Attorney General’s office has opined on this issue as well. In 72 Ops.Cal.Atty.Gen. 8, (1989), the Attorney General’s office stated that: ". . . While the question of domicile is a mixed question of law and fact, many factors enter into the equation, including where an individual is registered to vote and his or her address for mail, where tax returns are filed, where an automobile is registered, and where a homeowner's exemption or renter's credit is taken. However, the critical element is that of intent. While declarations of intent are significant, they are not determinative. The acts must be examined as well." (Id., at p. 14.) In short, the determination of residency is a very fact specific question. It must be undertaken with an eye towards determining the public official’s intent, when matched with the factual scenario presented. Relevant factors in other cases that have either been pursued criminally or civilly, have included: voter registration; address for mail; where tax returns are filed; where an automobile is registered; where children go to school; where the public official spends their time; and where a homeowner's exemption or renter's credit is taken. Again, however, this is not an exhaustive list, and other facts may help to determine intent.
Memorandum to City of Fairfield March 9, 2026 Page 5 Residency Facts As mentioned previously, the only facts that were provided to outside counsel were those provided by Mayor Moy, and those provided by the County Registrar. Thus, these are the only facts that were considered in making the outside counsel’s finding. No outside research was conducted by the outside counsel, with two exceptions. First, the residency addresses provided by the Mayor was searched online to: (1) confirm that they were within the boundaries of the City of Fairfield and (2) view an online picture of the Mayor’s stated current residence on Google to confirm that it was an apartment building and appeared to be currently occupied and not an abandoned property. Second, in response to Councilmember Williams’ request for outside counsel to review the relevant information contained in Mayor Moy’s County Supervisor candidate paperwork, outside counsel obtained the residence disclosed by Mayor Moy in those documents. The Mayor provided outside counsel several documents and a cover letter that were related to three properties. All properties are located within the City boundaries of the City of Fairfield. In the Mayor’s response to outside counsel’s draft report, the only comment provided by the Mayor requested outside counsel to protect the confidentiality of her property addresses to the greatest extent possible. Therefore, the properties are referred to in this memorandum as “Property One,” “Property Two,” and “Property Three.” Further discussion regarding the specific location of these properties can be had, at the Council’s discretion, during the closed session meeting on March 10, 2026. However, the Council should exercise caution with this information, given the Brown Act’s restrictions on the release of information obtained during a Council’s closed session meeting. For Property One, the Mayor states that this she and her husband owned this property and it was her residence at the time she became a candidate for Mayor. She states that this property was vacated by her and her husband in 2025. In support of this contention, the Mayor provided three utility bills (two with her name and one with Ken Moy’s name) from November and December 2022 that reflect the address she provided for Property One. Property One is located within the City of Fairfield. Property Two has been owned by the Mayor since 2001 and is described by her as an investment property. She states that she rents this property to tenants and does not and has not resided there during the relevant period of 2022 through present. However, the property has a walnut farm which she and her family maintain. She has also spent some nights there in an office space she and her husband built for her husband’s business and have held family functions and parties there through the present day. The Mayor states that she does much of her business there, but it is not her residence. In support of this the Mayor provided tax documents from 2023 and 2024, including Supplemental Income and Loss statements reflecting the status of the property as not being her residence. The Mayor states that she pays insurance rates and loan rates consistent with the property being used as a commercial space. Further, the Mayor provided a copy of her 2024 Statement of Economic Interests (“SEI”), which discloses the property on Schedule B, along with the required tenant and rental income disclosures. Primary residences are not disclosable on
Memorandum to City of Fairfield March 9, 2026 Page 6 SEIs, only other properties such as investment properties located within the City’s boundaries, or two miles outside the City’s boundaries. No other properties were disclosed on her 2024 SEI. Property Three is where the Mayor states that she resides and is her domicile. It is located within the City of Fairfield. Mayor Moy states that, when vacating Property One, her family had intended to purchase a condominium within the City of Fairfield. However, economic conditions were not favorable to a purchase, so she and her family moved in with a family member at Property Three. She states that many of the family’s possessions are in a storage container that they rent that is currently located on Property Two. A receipt for the cost of this rental was provided by the Mayor in support of this contention. The Mayor states that she intends to purchase another property in Fairfield as her next residence and intends to remain a resident of Fairfield. She further states that she purposely chose to stay with the family member on Property Three because that family member resides in Fairfield, which reflect her intent to remain in the City and continue to be eligible for the office of Mayor. She also provided confirmation of her voter registration at Property Three, and a document from the City of Fairfield that indicates she receives correspondence from the City at that address and has notified the City that this is her residence. The County Registrar also confirmed that this was the address that Mayor Moy declared as her residence in her candidate paperwork for County Supervisor. Last, the Mayor states her unequivocal intent to remain a resident of the City of Fairfield. Outside Counsel’s Determination of Residency Outside counsel makes this determination based solely on the facts presented. While there may or may not be other relevant facts that exist, counsel can only consider the relevant and verified information presented, per the instructions of the City Council at the January 20, 2026, closed session meeting. Note that Counsel is not aware of any other relevant facts related to the topic. Consideration of the potential removal from office of a public official is a serious topic that should be handled with care. The California Supreme Court has recognized this. In Carter v. Com. on Qualifications etc., (1939) 14 Cal.2d 179, 182, the court held that: “[T]he right to hold public office, either by election or appointment, is one of the valuable rights of citizenship . . . The exercise of this right should not be declared prohibited or curtailed except by plain provisions of law. Ambiguities are to be resolved in favor of eligibility to office. . . ." Here the facts presented weigh clearly in favor of determining that Mayor Moy is a resident of the City of Fairfield and has been so continuously since her election in 2022. She has provided unrefuted evidence to support that her residence was at Property One in Fairfield from 2022 through 2025. She further provided unrefuted evidence that her current residence is at Property Three, and that she has resided there from the time she left Property One through the present.
Memorandum to City of Fairfield March 9, 2026 Page 7 As noted previously, the confluence of fact and intent must be used to determine residency. Here, the Mayor has stated her unequivocal intent to remain a resident of the City of Fairfield. This intent is matched with all the available facts to make the determination. The Mayor is registered to vote at Property Three, has provided the City that address as her residence, and receives her City correspondence there. Further, there is no evidence in the record to support the contention that she lives anywhere else. Absent any evidence whatsoever that she maintains her residence outside the City of Fairfield, the only conclusion that can be drawn from the record presented is that the Mayor resides in Fairfield, has done so for many years, and permanently intends to remain as a resident of the City, where she is domiciled. Options for City Council Outside counsel does not believe there currently is evidence to support a finding that the Mayor is not a resident of the City of Fairfield. However, the ultimate decision of how to proceed lies with the City Council. Therefore, the City has the following options available to it: 1. Close the matter. The Council may deem the outside counsel’s report and findings sufficient to resolve the issue and take no further action. 2. Direct further investigation of the issue by outside counsel or another party to gather additional relevant information. The City has the authority to investigate the residency of one of its members and take action consistent with the factual findings. 3. Seek a quo warranto action from the Attorney General. As described at the January 20, 2026, closed session meeting, the Council has the authority to vote to request the Attorney General to give the City the ability to file a civil lawsuit to challenge Mayor Moy’s residency status and eligibility for office. It is outside counsel’s recommendation that further investigation be undertaken before such a submission, as it is likely to be rejected by the Attorney General’s office based on the current factual record. 4. Declare a vacancy in the Mayor’s elected office. Government Code Section 36502 states that, if, during her term of office, a public official moves her place of residence outside of the city limits or ceases to be an elector of the city, her office shall immediately become vacant. The City Council could vote to declare a vacancy and could then fill the vacant seat with a special election or appointment. There is some legal question as to whether this can be used to remove a public official where the residency issue occurs during the public official’s term (rather than at the time of nomination) (See 79 Ops. Cal. Atty. Gen. 21.). It is outside counsel’s recommendation that further investigation be undertaken before such an action is taken, as the current factual record does not support declaring a vacancy based on the residency issue.
1 CITY OF FAIRFIELD CITY COUNCIL
CLOSED SESSION MEETING
MINUTES
TUESDAY, MARCH 17, 2026; 5:00 PM
CITY MANAGER’S OFFICE CONFERENCE ROOM
1000 WEBSTER STREET, 4TH FLOOR, FAIRFIELD, CA 94533
OR VIA ZOOM
CALL TO ORDER
Mayor Catherine “Cat” Moy called the meeting to order at 5:00 p.m. City Attorney David Lim called roll.
Councilmember Doug Carr - Present
Councilmember Doriss Panduro - Present via Zoom per Government Code 54953.8.3(c)(1), caregiving need of parent (5:05 PM); Councilmember Panduro made all necessary disclosures per Government Code 54953.8.3
Councilmember Manveer Sandhu - Present
Councilmember Scott Tonnesen - Present
Councilmember K. Patrice Williams - Present
Vice Mayor Pam Bertani - Present
Mayor Cat Moy - Present
PUBLIC COMMENTS
Nora Dizon spoke regarding item F.4. and urged the City Council to give clearer information to City residents.
The City Council went into closed session on the following items with the listed people present:
F.1. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Government Code 54956.8) Property: 5055 Peabody Road (APN 0166-110-390)
Agency negotiator(s): Sanjay Mishra, Ryan Panganiban, John Almazan Negotiating parties: 5055 Peabody LLC
Under negotiation: Price and Terms of Acquisition by City
Present were City Attorney David Lim, C ity Manager David Gassaway, Assistant City Manager Farbod Pirouzmand, Public Works Director Sanjay Mishra, Assistant Public Works Director Ryan Panganiban, and attorney Mane Khachatryan.
F.2. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Government Code 54956.8) Property: 5051 Peabody Road (APN 0166-110-410)
Agency negotiator(s): Sanjay Mishra, Ryan Panganiban, John Almazan Negotiating parties: James A. Ewing, Trustee of the Velma J. Ewing Trust dated November 10, 2010
Under negotiation: Price and Terms of Acquisition by City
2 Present were City Attorney David Lim, City Manager David Gassaway, Assistant City Manager /Human Resources Director Farbod Pirouzmand, Public Works Director Sanjay Mishra, Assistant Public Works Director/City Engineer Ryan Panganiban, and attorney Mane Khachatryan.
F.3. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Government Code Section 54956.9(1)
Name of case: DAVID THACKER v. CITY OF FAIRFIELD, COUNTY OF SOLANO, and DOES 1-10.
Solano County Superior Court case number CU23-03108
Present were City Attorney David Lim, City Manager David Gassaway , and Assistant City Manager/Human Resources Director Farbod Pirouzmand.
F.4. CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION (Government Code section 54956.9(d)(2)-(4))
One Potential Case: Review and Legal Analysis of Citizen Requests for Refunds Regarding Landscape, Lighting and Maintenance Districts
Present were City Attorney David Lim, City Manager David Gassaway, Assistant City Manager/Human Resources Director Farbod Pirouzmand, Public Works Director Sanjay Mishra , and Senior Manager Analyst Chris Lewis.
The City Council came out of closed session.
City Attorney David Lim announced continuance of Item F.4. at an open general meeting of the City Council for April 21, 2026, at 6:00 p.m. in the City Council Chamber.
Mayor Moy adjourned the meeting at 6:15 p.m.
______________________________
City Attorney
________________________________
Mayor
1 CITY OF FAIRFIELD
CITY COUNCIL MINUTES
March 17, 2026, 6:00 p.m.
Harry T. Price Memorial Council Chamber
1000 Webster Street, Fairfield, CA 94533 or Via Zoom
_____________________________________________________________________
A. CALL TO ORDER 6:00 PM
Mayor Catherine "Cat" Moy called the meeting to order at 6:29 pm. The late start was due to closed session prior to council meeting.
B. ROLL CALL
On roll call were Councilmembers Doug Carr, Manveer Sandhu, Scott Tonnesen, K. Patrice Williams, Vice Mayor Pam Bertani, and Mayor Moy. Councilmember Doriss Panduro was absent.
C. INVOCATION - Pastor Vernon Burroughs of Community United Methodist Church Pastor Vernon Burroughs of Community United Methodist Church gave an invocation.
D. PLEDGE OF ALLEGIANCE
City Clerk Karen Rees led the Pledge of Allegiance.
E. COUNCIL REPORTS
Councilmember Sandhu reported he celebrated the installation of the 2026‐2027 Officers of The Filipino‐American Community of Fairfield, Suisun & Vacaville! It was great witnessing the installation officiated by Chief Dan Marshall and he congratulated President Robert Basa. Next, he shared that he attended the 2026 CivicWell Policymakers Conference in Yosemite March 12 ‐15, 2026. He reported he will attend the State of the Base at Travis Air Force Base and former Councilmember Jack Batson's memorial service on March 20.
Vice Mayor Bertani reported that the Fairfield Clergy Action Network (CAN) will hold it's monthly meeting on March 24 at 3 pm in the Vista Conference Room at the Community Center. They will discuss the National Prayer Day event on May 7 in the Council Chamber and coordination of the Juneteenth event on June 19, 4 ‐7 pm on the County Green. She reported that she will hold a "Public Table" event to talk to residents on March 28 at the Cordelia Library from 10 am to noon. Lastly, she thanked everyone involved in the delicious crab feed she attended in Rancho Solano over the weekend.
2 Councilmember Carr spoke about several upcoming events. He encouraged people to attend the next Homeless Roundtable hosted by the Homeless Services Division on April 22 at 10 am in Willow Hall (Community Center). HSD will also host the next Homeless Outreach Partnership Event (HOPE) on May 6 at Liberty Church. Em ail [email protected] for more information. The monthly JPA CAP Solano meeting is happening on Thursday, March 26, 6:30 pm at the County Event Center. They are accepting applications for the Lived Experience Advisory Board.
Councilmember Tonnesen had nothing to report.
Councilmember Williams attended Holi 2026: Festival of Colors in Cordelia Park on March 15, organized by Bharatiya Heritage Foundation and Fairfield Hindu Temple. She also attended the ribbon cutting for Indian Mart on March 4 at 955 Olive r Road and the Women's HOPE at NorthBay Health on colorectal cancer awareness, now the second leading cause of cancer deaths in people under age 50. Lastly, she invited the community to attend her Meet & Greet event on March 30, 12 ‐2 pm, at the Cordelia Library at 5050 Business Center Drive.
Mayor Moy shared that Jack Batson's memorial service on March 20 will be held at Rockville Presbyterian Church at 2 pm, 4177 Suisun Valley Road for those wishing to pay their respects. She attended a Craft and Resource Fair fundraiser for Sacramento Valley National Cemetery’s Avenue of Flags on March 7 in Vacaville. She was invited by a new company in Fairfield, B. Marin Candle Company.
Lastly, she spoke about Fairfield ‐Suisun Sewer District, who are proposing sewer rate increases to address infrastructure needs, with a public hearing scheduled for April 27, 2026. A proposed residential rate of $54.91 per month is slated for July 1, 2026, with continued rate increases over the next five years. Property owners can submit w ritten protests before the April 27, 2026 hearing to oppose the rate increases. Visit www.fairfieldsuisunsewer.ca.gov.
F. CITY MANAGER'S REPORT
City Manager David Gassaway had nothing to report. No changes to the agenda.
G. CITY ATTORNEY'S REPORT
City Att orney David Lim reported on closed session of March 17, 2026 on Item F.4 Conference with Legal Counsel ‐ Anticipated Litigation (Government Code Section 54956.9(d)(2)‐(4) ‐ Review and Legal Analysis of Citizen Requests for Refunds regarding Landscape, Lighting, and Maintenance Districts. Council voted 7 ‐0 to place this item on the April 21, 2026, regular council meeting agenda.
H. CITY CLERK'S REPORT
City Clerk Rees shared that she does not plan to run again in November of 2028 when her term is up. She sugg ested that the elected clerk become an appointed position, which means it must be put on the November 2026 ballot for the voters to decide. It cannot be
3 put on the ballot the same year the seat is open. Elections only happen in even ‐years so it must appear in 2026. She has been the clerk for 12 years; appointed initially, then elected in 2016, 2020, and 2024. She has run unopposed every time so feels that it must become an appointed position. She asked that it be agendized in the future and the mayor agreed.
I. PRESENTATIONS
I.1 Proclamation and Poem Declaring Women's History Month Presented Councilmember Doriss Panduro and Poet Laureate Michael Wyly Vice Mayor Bertani presented a proclamation in recognition of Women's History Month to the Daughters of the A merican Revolution Chief Solano Chapter, who attended in period costumes from the 1900s and the 1800s. Fairfield Poet Laureate Michael Wyly then read his original poem, entitled "Camille's Signature." I.2 Proclamation Declaring Education and Sharing Day Presented by Mayor Catherine "Cat" Moy
Mayor Cat Moy presented a proclamation to Rabbi Chaim Zaklos of Chabad of Solano County to celebrate Education and Sharing Day, which happens on March 29, 2026 this year. Education and Sharing Day is a day established b y the United States Congress in honor of the Rebbe, Rabbi Menachem Mendel Schneerson. It calls for increased focus on education, and recognizes the lifelong efforts of the Rebbe for education.
J. PUBLIC COMMENTS
EJ Johnson spoke about upcoming events at the Downtown Theatre and thanked Council for supporting the arts.
Monica Brown spoke about the quo warranto process regarding Mayor Moy.
K. CONVENE JOINT MEETING OF THE CITY COUNCIL AND HOUSING AUTHORITY Joint meeting of the City Council and Housing Authorit y was called to order at 7:19 pm.
There were no requests to speak. Councilmember Tonnesen made a motion to approve the HA consent calendar. Councilmember Carr seconded the motion. The motion carried unanimouosly 6‐0.
L. HOUSING AUTHORITY CONSENT CALENDAR
Joint meeting of the City Council and Housing Authority was called to order at 7:19 pm.
L.1 Resolution HA2026-01 HD Ohio Street Lease Renewal Agreement Between the Fairfield Housing Authority and Change and New Beginnings There were no requests to speak. Councilmember Tonnesen made a motion to approve Resolution HA2026 ‐01. Councilmember Carr seconded the motion. The motion carried unanimously (6‐0).
4 Moved by: Councilmember Tonnesen
Seconded by: Councilmember Carr
Adopt resolution.
Motion Carried
M. RECONVENE MEETING OF THE CITY COUNCIL
The meeting of the City Council reconvened at 7:21 p.m.
N. CONSENT CALENDAR
There were no requests to speak. Vice Mayor Bertani made a motion to approve the consent calendar. Mayor Moy seconded the motion. The motion carried unanimously (6‐ 0).
Moved by: Vice Mayor Bertani
Seconded by: Mayor Moy
To approve the consent calendar.
Motion Carried
N.1 CM Approval of Meeting Minutes for February 2026
Approve the meeting minutes.
N.2 Resolution 2026-35 CM Conflict of Interest Code Update 2026 Adopt resolution.
N.3 Resolution 2026-36 CD 2025 Annual Progress Reports
Adopt resolution.
N.4 Resolution 2026-37 PW Canon Station Planning Area 5 – Neighborhood A & B Improvements Acceptance
Adopt resolution.
N.5 Resolution 2026-38 PW Canon Station Planning Area 5 – Neighborhood C Improvements Acceptance
Adopt resolution.
N.6 Resolution 2026-39 PW Purchase and Install Shop Doors for Fleet Adopt resolution.
N.7 Resolution 2026-40 PW Consenting to the Termination of an Existing Private Access and Utility Easement
5 Adopt resolution.
N.8 Resolution 2026-41 PW Budget Adjustment for Robbieburr Berger Park - 2030 N. Texas Street Recreation Center Project
Adopt resolution.
N.9 Resolution 2026-42 HD Prohousing Incentive Program (PIP) Application Adopt resolution.
O. NEW BUSINESS
O.1 CD Presentation of Draft 2026 Build Fee Study Update Chief Building Official Jeff Thomas gave a presentation. There were no requests to speak. Council gave direction to bring the proposed fees back to Council on April 7, 2026 for discussion.
P. ADJOURN
Mayor Moy adjourned the meeting at 7:41 p.m. to Tuesday, April 7, 2026, 6 pm, Harry T.
Price Memorial Council Chamber.
Mayor City Clerk
Agenda Item No: K.2
AGENDA REPORT
DATE: April 21, 2026
TO: Mayor and Council
FROM: David Gassaway, City Manager
SUBJECT: CM Minute Action Approving City Facility Naming to Honor Chris Bell
Funding Source: N/A
Contact: Esther Beavers, (707) 428-7402
RECOMMENDED ACTION
Approve City facility naming to honor Chris Bell.
STATEMENT OF ISSUE
The City Council is being asked to approve the Honors Committee's recommendation to name the new Fire Station 36, “The Chris Bell Memorial Fire Station 36,” a former Fairfield Fire Department Fire Engineer who passed away due to occupational cancer.
DISCUSSION
The applicant listed above is recommended for naming Fire Station 36 by the Honors Committee, which consists of two councilmembers (Councilmembers Doug Carr and Manveer Sandhu) that the mayor appoints annually. T he recommendations were submitted to Mayor Catherine "Cat" Moy for consideration.
Mayor Moy agreed with the recommendations provided.
FINANCIAL IMPACT
N/A
PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
N/A
ALTERNATIVE ACTION
The council may choose not to approve the application for naming City facilities.
COORDINATED WITH
Fire Department
STAFF CONTACT
Esther Beavers, Deputy City Clerk
(707) 428-7402
[email protected]
ATTACHMENTS
Attachment 2: Policy for Naming City Facilities, Donations, Sponsorships, and Capital Campaigns Attachment 3: Application – Bell
Attachment 4: Chris Bell Newspaper Article
Adopted on July 15, 2025
City of Fairfield
POLICY FOR NAMING CITY FACILITIES, DONATIONS, SPONSORSHIPS, AND CAPITAL
CAMPAIGNS
POLICY PURPOSE
This Policy establishes the process and criteria for the consideration of requests for naming of City facilities, the process and criteria for the consideration and acceptance of donations, the process and criteria associated with sponsorships, and the establishment of capital campaigns.
POLICY STATEMENT – NAMING OF CITY FACILITIES
It is the policy of the City to provide a process for consideration of the naming of City facilities. As used in this policy and for the purposes of naming, “facility” or “facilities” shall include all City -owned infrastructure such as streets, parks, buildings, or portions of those facilities.
New facilities, additions to existing facilities, or facilities that have been or are to be restored/repaired substantially are eligible for naming.
The City shall review naming rights on all its facilities every ten (10) years.
The type, design, size, font, wording, placement, and other similar components of plaques, monuments, signs, etc. installed or placed at City facilities shall be approved by the City Manager (or designee) and align with the City’s style guide.
Pursuant to Government Code §34092, whenever the name of any street, park, or place is adopted or established by City authority, the City Clerk shall promptly forward a copy of the resolution, order, or other instrument providing for such new name or change of name or house number to the Solano County Board of Supervisors.
Naming Process
The process for naming a public facility will be as follows:
A. Timing of Naming. Facilities may be named at any time that the City Council declares by resolution an application period is open; these periods may be aligned to a capital campaign, the receipt of a donation, the City receiving correspondence of a pending donation, or at any other time at the discretion of the City Council. For specific projects, the Council may approve a prescribed donation amount required for a naming to be approved.
B. Application Submittal. A naming application shall be submitted to the City Manager’s Office. The City Manager’s Office may prescribe the form and necessary components of the application, which may change over time or to best match each particular request.
C. Application Review. The City Manager’s Office shall review the application and determine if it is complete and consistent with this Policy. Applications determined by the City Manager’s Office to be incomplete, without sufficient support, without sufficient justification, or that are otherwise inconsistent with this Policy will be returned to the applicant together with a written explanation for the return. An applicant may submit a new application with each naming application period.
D. Review by City Council. If an application is determined to be complete and consistent with the City Council’s stated goals for a facility naming, the application materials will be given to the City Council Honors Committee for its review . Should the Honors Committee decide the application has its recommendation for City Council approval, staff will prepare a report and City Council will give final approval for City facility naming. All naming decisions shall be at the sole discretion of City Council.
Naming Criteria
Priorities in order of importance to be considered in naming City Facilities shall be as follows:
Adopted on July 15, 2025
A. Historic Names. Names of historic events, groups, organizations, or persons at the local, regional, national, or global level of major significance with special consideration given to Fairfield’s own history.
B. Places and Feature Names.
1. Recognizable area of neighborhood, e.g. “Rolling Hills.” Names that aid in locating a facility are acceptable. If the facility is located on a park or school site the facility need not share the name of the park or school site.
2. Assumed Names. Assumed names should be used only if the area has been known by that assumed name for an extended period of time, e.g. the “Cordelia” area.
3. Theme Names. If a facility is located in an area with a specific theme, due consideration should be given to that theme.
4. Natural Phenomena. Natural phenomena, such as rivers, creeks, and terrain.
5. Horticultural Features. Horticultural features characteristics of a particular area.
6. Combination of the above.
C. Individuals, Groups, or Organizations . The following criteria will be used in evaluating the use of names of persons (whether living or deceased), groups, and organizations.
1. General Criteria. Names of groups, organizations, or persons, having a longstanding affiliation with the City of not less than ten (10) or more years of significant community service, involvement, investment, or contributions beyond the ordinary interest level where efforts have:
a. Enhanced the quality of life and well-being of City residents; b. Contributed to the preservation of the City’s history or culture; c. Made exemplary or meritorious contributions to the City or its residents; and/or d. Contributed to the acquisition, development, or conveyance of land, buildings, structures, or other amenities to the City or community.
2. Groups or Organizations. Facilities may be named after groups or organizations pursuant to the General Criteria.
3. Deceased Persons. To be considered for a naming opportunity, the individual must have been deceased for at least twenty-four (24) months. Such individuals may include:
a. Historic persons.
b. National and/or local heroes. Those who have given outstanding service to humankind or who have worked over and above any ordinary interest level. A resident of Fairfield who has attained local, state, national, or global recognition for work in parks and recreation, public safety, public health, or other public service endeavor, as appropriate to the facility, would be highly acceptable.
c. City facilities may be named for former employees, former City Council members, or former City Council appointees to City Boards or Commissions. d. Only one facility may be named in honor of an individual. City Council has the discretion to grant an exception to this clause.
4. Living Persons. Facilities will not be named after living persons unless associated with a capital campaign or allowed by City Council when accepting naming rights applications. City Council has the discretion to grant an exception to this clause.
5. Private Enterprise. Facilities will not be named after a private enterprise unless associated with a capital campaign or allowed by City Council when accepting naming rights applications.
In addition, the following names should be avoided:
- Cumbersome, corrupted or modified names, profane, discriminatory or derogatory names relating to age, race, religion, creed, national origin, sex, color, marital status, disability, sexual orientation, political affiliation, or similar categories.
- Names that cause confusion due to duplication or that sound too similar to existing named locations within the City or surrounding areas.
- Names of businesses whose business is substantially derived from the sale of tobacco, firearms, pornography, products or services illegal in the state of California, or other products and services considered unsuitable or inappropriate.
Adopted on July 15, 2025
- The re-use of former facility names other than for a reconstruction of the same facility in the same location.
- Names that would result in the over t commercialization of City facilities unless in conjunction with a substantial subsidy of construction and/or improvement costs. - Names that are overly recognized, either within the City or region.
Naming Costs
All costs of plaques, monuments, signs and the like resulting from naming will be borne by the individual, group, or organization requesting the name. The City may require a deposit of funds if the object being named will need sustained and/or significant maintenance during its useful lifespan.
POLICY STATEMENT – DONATIONS
It is the policy of the City to provide a process of consideration of donations. As used in this policy, “donations” refer to certain tangible objects such as benches, trees, cars, or artwork and/or the financial means for the city to acquire, maintain, restore, and/or renovate such objects as well as the maintenance, restoration, and/or renovation of City facilities. There is no expectation of an equal exchange of recognition or benefits commensurate with the value of the donation and there are no naming opportunities associated with the donation, although the City as its sole discretion may wish to recognize the donor or donor’s honoree at a City Council meeting and/or with a commemorative plaque at the location of the donation.
Donation Process
A. Application. A donation application shall be submitted to the City Manager’s Office. The City Manager’s Office may prescribe the form and necessary components of the application, which may change over time or to best match each particular request.
B. Review of Application. The City Manager’s Office shall review the application and determine if it is complete and consistent with this Policy . The City Manager’s Office will coordinate such review with or through another city department or departments ben efitting from the donation. The City Manager’s Office will return applications determined to be incomplete or inconsistent with this Policy together with written explanation. The applicant may resubmit the application at any time up to a total of two times with new or additional information or correct the insufficiencies.
C. Acceptance of Donations. The City Manager’s Office may accept the donation if it is determined to be in compliance with this Policy and as long as the donation also complies with other applicable city or state laws governing gifts and donations. At the City Manager’s discretion, staff may present a recommendation about a particular donation to the City Council to make the final determination to accept or reject a donation. The City reserves the right to reject any offer of donation, if, upon review, acceptance of the donation is determined not to be in the best interest of the City.
Donation Acceptance Criteria
Appropriate City staff will review the acceptability of any donation and determine if the benefits to be derived warrant acceptance of the donation. Criteria for evaluation may include but are no limited to:
- The desirability or need for the donation.
- An analysis of any visual, functional, or land use impact of the donation. - An analysis of the make, model, or proposed use and/or location of the donation. - Consideration of any immediate or initial expenditure required of the City in order to accept the donation.
- The potential and extent of the City’s obligation to maintain the property or item donated, and the City’s available resources to do so now and in the future. - Whether the donation includes sufficient funding for installation and/or maintenance. - The community benefit derived from the donation.
Donations will not be accepted from:
- Companies that substantially derived from the sale of tobacco, firearms, pornography, products or services illegal in the state of California, or other products and services considered unsuitable or inappropriate.
Adopted on July 15, 2025
- Companies that substantially derive their income from the sale of alcohol and/or legal cannabis products when the donation is primarily for programs, events, or similar settings or occasions where the target audience is youth.
- Any entity that will create a conflict of interest with the City. - Any entity that is involved in a lawsuit/litigation with the City or an instrumentality thereof. - Any entity that is engaged in any state of negotiation with the City which might otherwise conflict with the donation process.
Following the Acceptance of Donations
Upon acceptance of donations, the City will assume ownership, control , and maintenance of any donation unless otherwise specified in a written agreement between the City and the donor. The City shall not be obligated to retain, repair, or replace any donated object that is damaged or destroyed for any reason, such as by vandalism, theft, the effects of weather or time, or, in the case of live plants, if they die. The City reserves the right to remove and/or relocate any donated object at any time. However, if a donated object(s) needs to be removed and is in acceptable condition, the City will mak e a reasonable attempt to relocate the object(s), if a need for such object(s) exists at another City facility or, if no City facility is appropriate, the City will make a reasonable attempt to return it. When acknowledging donations, the acknowledgement language and signage shall conform to the relevant portions of the Naming of City Facilities section of this Policy. Additionally, plaques, benches, trees, and other donated objects are not intended to be a place of worship or an official gathering place.
POLICY STATEMENT – SPONSORSHIPS
It is the policy of the City to provide a process for sponsorships . As used in this Policy, “sponsorships” are the financial, service, or in- kind contributions that will increase the City’s ability to deliver services, programs, scholarships, special events, other similar non- tangible elements, equipment, and/or infrastructure that further enhance, promote, and/or support the goals of the City.
The City may offer sponsorship opportunities from time- to-time and may offer a mutually agreeable exchange of benefits with exception that no Naming Rights of Facilities or tangible items covered by capital campaigns may result from sponsorships. With the approval of City Council, sponsorships may result in a named scholarship or program that is designed to last five or more years. For named scholarships or programs lasting fewer than five years, the process below may be followed without City Council approval.
Sponsorship Process
With the approval of the City Manager, City staff may enter into customized, written sponsorship agreements with willing sponsors and provide sponsors with a level of benefit that is commensurate with their contribution. Types of sponsor benefits may include but are not limited to:
- Publicity including the display of a sponsor’s logo through City publications, the website, newsletters, flyers, brochures, and/or media releases.
- Marketing opportunities at the special events or program sites. - Tangible benefits such as event admission or commemorative items such as plaques, a framed picture, or program or event shirts.
- Acknowledgement on printed materials such as event programs or recreation catalogues. - Signage including the possibility of the inclusion of an individual’s name of company name and logo on a fixed site for the period of time detailed in the sponsorship agreement. The following limitations apply to signage.
o Allowed signage and recognition displays details, including type, location, size, design, content and duration of display is at the sole discretion of the City and will be a component of the sponsorship agreement.
o Words or characters likely to interfere with or mislead pedestrian and/or vehicular traffic, i.e. “stop,” “drive,” and “danger” are prohibited.
o Reference or depiction of any obscene act, gesture, or word is prohibited. o Depictions of the use of drugs, tobacco, alcohol, and/or firearms are prohibited. o Decision for signage placement will be performed with input from the relevant program/facility manager.
Sponsorship Criteria
Adopted on July 15, 2025
- The City reserves the right to reject or terminat e sponsorship agreements if, upon review, acceptance or continuance of the sp onsorship is determined not to be in the best interest of the City or if the sponsor violates any terms of the agreement. - Sponsorship agreements will be for a defined period of time. - The City shall not be obligated to continue a program, event, or scholarship beyond the parameters of any written agreement.
- Recognition of a sponsor shall not suggest in any way the endorsement of the sponsor’s goods or services.
- Sponsorships shall not be made conditional based on the City’s performance or actions or the performance of an event, program, etc.
- Individual sponsors will not limit the City’s ability to seek other sponsors unless mutually agreed upon by the City and the sponsor.
- Sponsors are prohibited from unauthorized use of the City’s name or brand. - Sponsorships will not be accepted from:
o Companies that substantially derived from the sale of tobacco, firearms, pornography, products or services illegal in the state of California, or other products and services considered unsuitable or inappropriate.
o Companies that substantially derive their income from the sale of alcohol and/or legal cannabis products when the sponsorship is primarily for programs, events, or similar settings or occasions where the target audience is youth. o Any entity that will create a conflict of interest with the City. o Any entity that is involved in a lawsuit/litigation with the City or an instrumentality thereof. o Any entity that is engaged in any state of negotiation with the City which might otherwise conflict with the donation process.
o Any religious and/or political organization.
POLICY STATEMENT – CAPITAL CAMPAIGNS
It is the policy of the City to provide a process for capital campaigns.
The City may conduct capital campaigns from time-to-time to raise funds for City facilities as defined in the Naming portion of this Policy or for tangible objects with City facilities such as furniture, fixtures, appliances, scoreboards, playground equipment, and the like.
Capital campaigns or portions of capital campaigns that will result in the naming of new ly constructed , renovated, or to be renovated/repaired facilities as defined in the Naming portion of this Policy, portions of facilities newly constructed, renovated, or to be renovated such as definable spaces, rooms, and/or wings of a structure shall follow the Naming portion of this Policy at the conclusion of the capital campaign.
Capital campaigns or portions of capital campaigns that will result in the acquisition of tangible objects for City facilities will be designed and managed at staff level in accordance with all other State laws and City policies. Contributions may be accepted in accordance with all other components of this Policy including, but not limited to, limitations of allowed contributors and recognition of contributors.
The City reserves the right to reject or return funds offered during capital campaigns if, upon review, acceptance of the contribution is determined not to be in the best interest of the City.
Commemorative Dedication and Name
Application for City Facilities
Refer to the City of Fairfield’s “Policy for Naming City Facilities, Donations, Sponsorships, and Capital Campaigns”
Applicant Information
Name: ______________________________________________________________________ Address: ______________________________________________________________________ Phone: ______________________________________________________________________ Email: ______________________________________________________________________ Proposed Name of Street / Facility: ________________________________________________ ______________________________________________________________________________ Location / Property Description of Street / Facility: ___________________________________ ______________________________________________________________________________ Classification of Proposed Name (check all that apply):
Historical Significance to Location (e.g. historical event, landmark, person, or group of major significance to region/location)
Commonly Recognized by Neighbors / Residents
Compliments the Theme of the Location, Neighborhood or Surrounding Area Natural Phenomena of Site (e.g. rivers, creeks, terrain, mountains, etc.) Horticultural (e.g. trees, plants, flowers or other horticultural features of area) Deceased Individual (deceased for at least 2 years & has long standing affiliation with City of 10 years or more) Living Individual (individual must be associated with a capital campaign) Group or Organization (requires long-standing affiliation with City of 10 years or more) Donation or Sponsorship
Other: _____________________________________________________________________________________ For recommendation of an individual, please indicate individual’s long-standing affiliation with Fairfield (10 years or more) of significant community service, involvement or contributions. Specifically indicate how this pers on has: (a) enhanced the quality of life/well-being of Fairfield’s residents; ( b) Contributed to the preservation of Fairfield’s history and culture; ( c) Made exemplary or meritorious contributions to Fairfield or its residents; or (d) Contributed to the acquisition, development of conveyance of land, buildings, structures or other amenities to the Fairfield community (if more room is needed, please attach separate sheet):
City Manager's Office
4525 Business Center Drive, Fairfield, CA
(707) 428-7400
[email protected]
The Chris Bell Memorial Fire Station 36
Fire Station 36
4525 Business Center Drive, Fairfield, CA 94534
✔
Supporting Documentation (required for recommendation of an individual’s name) I have included the following document ation to demonstrate broad-based community support for my recommendation:
Letters
Character References
Newspaper or journal articles
Petitions
Other Documentation: ________________________________________________________________________ The following conditions will apply to all Commemorative Dedication and Name Applications:
All applications submitted to the City of Fairfield for the purpose of naming a new City facility or street must be filled out completely and accurately with supporting documentation in accordance with and as required by the City of Fairfield’s Policy for Naming, Dedication and Sponsorship of City Facilities and Acceptance of Donations (hereinafter the “Policy”). The Policy is available on the City of Fairfield’s website, under the City Manager’s Office page, and/or hard copies may be requested from the City Manager’s Office.
The naming of a City facility will be considered only through this application process.
Incomplete, illegible and/or fraudulent applications will not be considered. The City of Fairfield reserves the right to verify the identity of the Applicant submitting this application to ensure its validity.
The Fairfield City Council will have the final decision as to the naming of a park or recreation facility and reserves the right to reject any and all proposed names and/or applications submitted for consideration.
Signature of Applicant: ____________________________________ Date: ________ ________ Return completed applications to:
City of Fairfield
City Manager’s Office
1000 Webster Street, 4th Floor
Fairfield, CA 94533
[email protected]
.gov
Chris Bell dedicated over 21 years of service to the City of Fairfield and its citizens. His journey with the Fairfield Fire Department began on May 29, 2003—coincidentally, his 18th birthday—when he was hired as a Reserve Firefighter. From that very first day, Chris displayed an uncommon level of passion and commitment to the fire service and to the community he loved. His dedication and skill earned him recognition as Reserve Firefighter of the Year in 2006, a testament to his character and work ethic even in the earliest days of his career.
Beavers, Esther
Digitally signed by Beavers, Esther
Date: 2026.03.11 17:18:29 -07'00'
3/11/2026
✔
It is with profound sadness that the Fairfield Fire Department and the Solano Napa Professional Firefighters, Local 1186, announce the passing of one of their own.
Fire Engineer Christopher Bell courageously fought—and ultimately lost—his battle with occupational cancer on November 4, 2025, at the age of 41. His illness was directly linked to the hazards and exposures faced by firefighters in the performance of their duties.
Engineer Bell dedicated more than 21 years of faithful service to the City of Fairfield and its citizens. His journey with the Fairfield Fire Department began on May 29, 2003— coincidentally, his 18th birthday—when he was hired as a Reserve Firefighter. From that very first day, Chris displayed an uncommon level of passion and commitment to the fire service and to the community he loved. His dedication and skill earned him recognition as Reserve Firefighter of the Year in 2006, a testament to his character and work ethic even in the earliest days of his career.
He was hired as a full-time Firefighter in October 2007 and promoted to Fire Engineer in April 2013. Throughout his career, Chris exemplified professionalism, integrity, and a steady calm under pressure. He also served as a valued member of the Urban Search and Rescue (USAR) Team and the Apparatus Committee, where his technical expertise, insight, and reliability left a lasting mark on the department.
Chris’s inspiration to become a firefighter began as a young boy when he sat in the driver’s seat of a fire engine at Station 1 in Vallejo, sounding the siren and talking with the firefighters who welcomed him. That moment sparked a lifelong calling to serve others.
Engineer Bell retired on November 11, 2024, due to his occupational cancer, after more than two decades of honorable service. Beyond his career, Chris was known for his deep love of family and the outdoors. He cherished camping, skiing in Truckee’s winters, and traveling with those he loved most.
LODD Announcement: Fairfield FireDepartment, Fire Engineer Christopher Bell
Chris is survived by his wife, Stefanie, and their three daughters, Rowan, Nova, and Lincoln. He will be remembered as a devoted husband, father, and firefighter whose warmth, humor, and courage inspired everyone around him.
Funeral Service Information
Date: Friday, February 6, 2026
Time: 11:00 a.m.
Location: The Father’s House
4800 Horse Creek Dr., Vacaville, CA 95688
Uniformed attendance is encouraged where possible, in accordance with department policy. An apparatus parking area will be designated adjacent to the venue.
Agenda Item No: K.3
AGENDA REPORT
DATE: April 21, 2026
TO: Mayor and Council
FROM: David Gassaway, City Manager
SUBJECT: Resolutions 2026-58 and 2026 -59 PW Micro-Trenching Specifications and Standards and Broadband Specifications and Standards
2026-58 Authorizing the City Council to Adopt the Micro-Trenching Specifications and Standards into the Public Works Standards Specifications; and
2026-59 Authorizing the City Council to Adopt the Broadband Specifications and Standards into the Public Works Standards Specifications
Funding Source: N/A
Contact: Ryan Panganiban, (707) 428-7017
RECOMMENDED ACTION
Adopt resolutions.
STATEMENT OF ISSUE
Approval of the resolutions will adopt the Micro -Trenching and Broadband Specifications and Standards to be incorporated into the Public Works Standards Specifications.
DISCUSSION
On October 8, 2021, the California State Legislature approved S enate Bill 378 (SB 378), which requires local agencies to allow micro-trenching within the public right-of-way for the installation of underground fiber-optic cable. Micro-trenching—distinct from traditional, deeper trenching— significantly reduces the cost of installing new fiber-optic networks in existing roadways.
Although only a limited number of jurisdi ctions in California have adopted micro -trenching standards, several have al ready implemented them Staff have prepared the proposed Micro - Trenching Specifications and Standards to establish consistent methods and procedural requirements.
In addition, citie s have been encouraged to adopt Broadband Specifications that outline application processes, methods, practices, and related procedures. These practices have been tailored to the City of Fairfield and are intended to support broadband deployment within City infrastructure. Staff has developed Broadband Specifications and Standards to guide services needed for City facilities.
In preparing these documents, staff reviewed standards adopted by the Cities of San José, San Diego, and San Francisco. The Publi c Works Department and the Information Technology Department have developed the proposed Micro -Trenching and Broadband Specifications and Standards included in the attached resolutions and recommend that the City Council adopt the resolutions.
The recommended actions, including adoption of both specifications are categorically exempt in accordance with Section 15301 (Class 1: Existing Facilities) of the California Environmental Quality Act (CEQA) Guidelines. This exemption applies because the specifications involve the deployment of utility infrastructure within existing streets, and the public right-of-way. Therefore, staff has determined that there is no substantial evidence that the proposed specifications would have a significant impact on the environment.
FINANCIAL IMPACT
N/A
PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
On January 20, 2026, a public hearing was held to amend the Fairfield Municipal Code. On February 17, 2026, the council adopted Ordinance No. 2026-02, amending the Fairfield Municipal Code to allow Micro-Trenching in the city’s right-of-way.
Following the ordinance adoption, City staff engaged with various telecommunications carriers and other interested stakeholders to review draft standards and specification s. Through a collaborative process, staff and stakeholders evaluated implementation requirements, coordination considerations, and potential deployment opportunities. Feedback received during these discussions informed and was incorporated, where appropria te, into the development of the proposed standards and specifications.
ALTERNATIVE ACTION
If the council has any questions, adoption of the specifications may be delayed so that staff may provide the necessary additional information.
COORDINATED WITH
Information Technology Department and Public Works – Traffic Engineering Division
STAFF CONTACT
David Vong, Senior Engineer
[email protected]
Thomas Martian, Project Manager
[email protected]
ATTACHMENTS
Attachment 2: Proposed Resolution Adopting Micro-Trenching Specifications and Standards Attachment 3: Proposed Resolution Adopting Broadband Specifications and Standards Attachment 4: Exhibit A Micro-Trenching Specifications and Standards Attachment 5: Exhibit B Broadband Specifications and Standards
CITY OF FAIRFIELD
RESOLUTION NO. 2026-58
AUTHORIZING THE CITY COUNCIL TO ADOPT THE MICRO-TRENCHING SPECIFICATIONS AND
STANDARDS INTO THE PUBLIC WORKS STANDARDS SPECIFICATIONS
WHEREAS, historically, the City Council adopts State legislative platforms that establishes the priorities, principles and policy for the City of Fairfield; and
WHEREAS, on October 8, 2021, the State legislative approved Senate Bill 378 (SB 378) requiring the City of Fairfield to allow Micro-Trenching; and
WHEREAS, the City currently has no micro-trenching specifications and standards; and
WHEREAS, the City desires to adopt standards and specifications for the application of micro - trenching use in the City’s infrastructure; and
WHEREAS adoption of the Micro-Trenching Specifications and Standards complies with the State legislation; and
WHEREAS, section 16 of the Fairfield Municipal Code provides that the council allow Micro - Trenching.
NOW, THEREFORE, THE COUNCIL OF THE CITY OF FAIRFIELD HEREBY RESOLVES:
Section 1. The City of Fairfield Standard Specifications and Details are hereby amended by adopting the Micro -Trenching provisions as provided in Exhibit A, attached hereto and incorporated herein.
Section 2. The director of public works is hereby authorized to approve and adopt future amendments to the Standard Specifications and Details.
RES. NO. 2026-58
PASSED AND ADOPTED this 21st day of April 2026, by the following vote:
AYES: MEMBERS: MOY/BERTANI/CARR/PANDURO/SANDHU/TONNESEN/WILLIAMS NOES: MEMBERS: _________________________________________________ ABSENT: MEMBERS: _________________________________________________ ABSTAIN: MEMBERS: _________________________________________________
_________________________________________________
MAYOR
ATTEST:
___________________________
CITY CLERK
CITY OF FAIRFIELD
RESOLUTION NO. 2026-59
AUTHORIZING THE CITY COUNCIL TO ADOPT THE BROADBAND SPECIFICATIONS AND
STANDARDS INTO THE PUBLIC WORKS STANDARDS SPECIFICATIONS
WHEREAS, the City Council can adopt recommendations from the State legislative that establishes the priorities, principles and goals for the use of Broadband for the State, counties, and cities; and
WHEREAS, the City of Fairfield currently has no Broadband Specifications and Standards; and
WHEREAS, the City Council promotes the use of Broadband throughout the city’s infrastructure; and
WHEREAS, the City desires to adopt standards and specifications for the appl ication of broadband use in the City’s infrastructure; and
WHEREAS adoption of the Broadband Specifications and Standards complies with the State legislation; and
WHEREAS, section 16 of the Fairfield Municipal Code provides that the council allow Micro - Trenching.
NOW, THEREFORE, THE COUNCIL OF THE CITY OF FAIRFIELD HEREBY RESOLVES:
Section 1. The City of Fairfield Standard Specifications and Details are hereby amended by adopting the Broadband provisions as provided in Exhibit B, attached hereto and incorporated herein.
Section 2. The director of public works is hereby authorized to approve and adopt future amendments to the Standard Specifications and Details.
RES. NO. 2026-59
PASSED AND ADOPTED this 21st day of April 2026, by the following vote:
AYES: MEMBERS: MOY/BERTANI/CARR/PANDURO/SANDHU/TONNESEN/WILLIAMS NOES: MEMBERS: _________________________________________________ ABSENT: MEMBERS: _________________________________________________ ABSTAIN: MEMBERS: _________________________________________________
_________________________________________________
MAYOR
ATTEST:
___________________________
CITY CLERK
EXHIBIT A
SECTION 9.10: MICRO-TRENCHING SPECIFICATIONS AND STANDARDS
9.10.1. PURPOSE & BACKGROUND
The City of Fairfield seeks to promote the use of micro-trenching for installation of fiber- optic cable pursuant to Fairfield Municipal Code Title 17 and the standards herein to minimize pavement cuts to City streets. These standards are established to describe the means and methods by which a Company will be permitted to install ducts for fib er-optic cables within the City right-of-way using micro-trenching. This policy incorporates best practices from jurisdictions across the United States to ensure safety, efficiency, and minimal disruption.
9.10.2. DEFINITION
For purposes of this Policy, the following definitions apply:
• City Engineer : The City of Fairfield, Public Works City Engineer , or his/her designer.
• Duct: An enclosed pathway or pipe used for the installation of fiber optic cable, whether installed separately or within a larger conduit. • Excess Capacity: Additional unused ducts available for fiberoptic cable installation in existing duct infrastructure or conduit or installed with Company’s new micro- trenching duct(s) that are not intended to be used by the Company or for the Company's business. Each excess capacity duct shall be no smaller than the largest duct that is reserved for use by the Company.
• Shadow Duct : One excess capacity duct reserved solely for use by the City of Fairfield for the City’s direct benefit.
• Standard Drawings: The City of Fairfield, CA Micro-trenching Standard Drawings • Micro-trench: A narrow excavation, typically 2-4 inches wide and 22 inches deep, for installing conduits.
9.10.3. MICRO-TRENCHING GUIDELINES
a) A Company may perform micro-trenching by entering into Maintenance Agreement with the City of Fairfield . The C ompany shall m ake every commercially reasonable attempt to place fiber in existing duct(s) or traditional conduit(s), before proposing new micro-trenching. b) Fiber-optic cables shall be installed in traditional conduits when placed underground along arterial, collector roads and residential, or as determined by the City Engineer at their sole discretion. Micro-trenching is limited to asphalt local streets to minimize utility conflicts or is approved by the City Engineer.
c) The Company shall make one Shadow Duct of excess capacity available for the City of Fairfield for installation of fiber-optic cable for use by the City for the City's direct benefit. T he cost of the conduit less the installation cost will be reimbursed by the city. The C ompany shall install independent access points (vault) for City’s access to the Shadow Duct, every one thousand five hundred ( 1500) feet , or as otherwise agreed upon by Company and City. Outside the 1 500 feet, any additional vault materials for City use will be provided by the city at no cost to the Company. The Shadow Duct shall be clearly identified within each vault and on the vault lid. All conduits shall be sealed to avoid water intrusion. Vault installation shall comply with these standards and the City specifications.
Shadow conduit shall have a mule tape installed. Any modifications must be approved by the City Engineer.
d) All vaults shall be located behind curb or sidewalk. No street installation. e) The Company may install additional ducts of excess capacity to make available to any telecommunications Licensee for installation of fiber-optic cable to serve the telecommunications Licensee's business or customers . f) No more than two (2) micro-trenches will be permitted longitudinally along any street (regardless of micro -trench ownership). Up to two (2) vertically staked conduits can be placed in a micro -trench. No more than two utility companies may be in the street with each being on opposite side of the road. g) The Company shall apply for an encroachment permit and comply with all applicable City permit requirements . Applicant shall submit plans showing location of new conduits, vaults, details and associated install work with micro - trenching.
h) Micro-trenching will not be permitted on streets that are under a moratorium unless approved by the City Engineer.
i) The Company shall provide a funded draw-down account for inspection and overtime. Draw down accounts shall be determined by the project schedule.
Funds to be placed before issuing the Encroachment Permit. The account is to be replenished when balance hits 20%.
j) No use of above ground pedestals to be used, all connections and splicing to be done in ground vaults unless approved by the city. Location of vaults to be shown on plans and approved by the City Engineer.
k) Micro-trenches shall not be installed in parallel alignment above any publicly owned utility
l) Micro-trenching shall not be used with 350 feet signalized intersections to avoid damaging to advance and present signal loops. Other methods such as boring may be
employed with approval of the City Engineer.
m) The Company should provide pre-construction photos and video of areas of work to receive micro-trenching.
n) The Company shall provide a project schedule with their encroachment permit application. During construction the Company shall provide a three-week schedule update at the end of each week and a daily schedule 24 hours in advance for the City Engineer.
o) The applicant shall employ a Geotechnical firm for testing materials, compaction, concrete, asphalt, aggregate base and compliance with city specifications. p) Use of trench plates to be approved the City Engineer. q) Temporary asphalt patch to be approved by the City Engineer. r) The Company shall provide a map in CAD or GIS file format showing the street location of the duct(s) including the side of the street the ducts are on, the beginning and ending points of the ducts, the number of ducts, and the number of ducts of excess capacity. In addition, map shall show locations of all vaults and any other features installed per the project. The map is for internal, City of Fairfield uses only, but may be made public, by itself or in aggregation with other maps, pursuant to State Public Records Law.
9.10.4. CONSTRUCTION
a) A copy of all required construction permits must be kept on the job site during construction.
b) The Company shall identify all existing utilities, including service connections in the field. The Company shall contact Underground Service Alert (U.S.A.) at least 48 hours in advance prior to work. The Company shall further supplement the findings of U.S.A. to determine the exact locations by potholing all crossing utilities and parallel utilities within 24 -inches of the proposed alignment to a depth of 6 - inches below the bottom of the micro -trench, to determine the existing utility alignment and elevations.
c)
The C ompany shall solely be responsible for the work performed. The City Engineer will contact the Company for required adjustments or corrections regardless of whether the Company performed the work itself or subcontracted and assigned the work. The Company shall provide a 24 -hour contact and Company personal responsible for the project. d) Micro-trenching shall be located (5) five feet from face of curb. For Arterial and collectors’ streets, the Company shall grind from the gutter lip to the outer edge of the micro-trench and replacement pavement thickness as specified in
these specifications. Traffic and bike striping plans shall be submitted and approved by the city. All striping to be replaced shall comply to the C ity Standard Specifications
e) Inspections for all work shall be done in accordance with Section 6 herein. f) Any micro-trenches that damage striping shall restore the striping in kind per City Standards
g) Any damage resulting from the installation of micro-trenches or created by restoration shall be the responsibility of the Company to repair. If existing utilities are damaged, the Company shall immediately notify the City Engineer and utility owners to perform the repairs promptly according to their requirements per associated city specifications
h) The C ompany shall ensure that all micro-trench repair will be done by conventional repair methods, or, if done by alternate methods and repaired by using a method as shown in the attached Standard Drawings, then the Company must warrant the repair for no less than three (3) years i) The conduit shall be installed at depth of cover 18" below the existing AC pavement surface with the maximum depth of 22”.
j) Micro-trenching shall only be considered for use in asphalt paved public streets and is not permitted in concrete or specialty paved areas. These include, but are not limited to concrete roadways, stamped/decorative paved areas, alleyways, sidewalks, gutters, curbs, valley gutters, driveways, ADA ramps, bus pads, traffic calming features, roundabouts, islands, or similar
k) Minimum vertical separation of 12” shall be maintained between crossings of new conduits and existing utilities. Minium horizontal separations of (3) feet between new conduit and existing water and power utilities parallel and (5) feet between new conduit and existing sanitary sewer and storm drain utilities that run parallel shall be maintained. Such minimum separation shall be maintained unless otherwise pre - approved in writing by the city.
l) Micro-trench is not permitted to fall within the wheel path. m) Conduit shall be anchored or secured in the trench to maintain the required depth to top of conduits and ensure conduits do not rise during backfilling every 10 feet
If the micro-trench requires repair before the remainder of the roadway qualifies for resurfacing, then the Company will be responsible for making subsequent repairs per the attached drawings. Should Company fail to maintain, repair, or reconstruct any such surface within 10 days after receiving written notice from the City Engineer, the City Engineer may have such surface repaired or reconstructed and will charge the cost of repair,
including any costs associated with the use of any like materials used in restoration, to Company.
n) The Company must maintain the condition of the surface over the repair area in as good or better conditions as the remainder of the street, alley, sidewalk, or right- of-way, and must repair or reconstruct the surface as often as may be necessary by conventional patch repair methods or approved alternative repair methodology as shown in the attached Standard Drawings.
Should the condition of the restoration become such that additional pavement is in jeopardy of failure, then Company may be held responsible for an area larger than the original repair.
o) Restoration shall conform to the details provided or City standards. Should conflict arise, the most restrictive shall apply.
p) Minimum depth of grind and repave shall be 4” on collectors and 5” on arterial roadways. Where existing asphalt thickness is less than 4", grind and repave depth shall be the full depth of the existing asphalt.
q) All micro-trenches must be completely backfilled with a cement sand slurry 3000 psi to finished grade by the end of the workday - no trenches will be permitted to remain open. This backfill is interim condition until backfill material has been cured, and asphalt restoration commence.
r) Not more than 30 calendar days from placement of CLSM , asphalt restoration grind and repaving shall be complete.
s) Where the road section is unknown, it is the micro-trench owner's responsibility to core to determine the road section and provide the city final depth of grind. t) Where the edge of the restoration grind is within 12' of the wheel path, the grind area shall be extended beyond the wheel path to the satisfaction of the City u) Where the edge of restoration grind is within 24" of another restoration area, the limits shall be extended to that area.
v) All potholes for utility location, exploration, or otherwise must be cored, jackhammering will not be permitted.
w) Areas where coring is performed shall be treated as part of the micro-trench and the restoration grind in those areas shall extend a minimum of 12' beyond the edge of the pothole/core.
x) Where micro-trenching is within a bike lane, the asphalt restoration grind and repaving shall extend the full width of the bike lane and any affected pavement markings shall be replaced in kind. Where micro-trenching crosses a bike lane, it shall cross perpendicular and shall follow the standard asphalt restoration grind and repaving requirements
y) Trench spoils shall be removed as excavated by use of a vacuum truck or other approved methods by the City.
z) Good housekeeping always. At the end of the day sidewalks/driveways shall be swept and the work area cleaned with a street sweeper. Construction equipment and employee parking shall be in the contractor’s yard. No storage of equipment or materials is allowed outside the construction hours
aa) The contractor/owner shall provide a traffic control plan and public notifications as deemed necessary in advance of work and during the project for approval. The use of a CMS board(s) should be applied seven days in advance of work (locations to be determined). A 24-hour emergency contact information should be provided to the city.
bb) The c onstruction hours are 7am to 5:00pm M -F or 9:00am-2:00pm in scho ol district location unless approved otherwise by the city 24 hours in advance. No weekend or holiday work is allowed.
cc) The contractor shall remove all painted U.S.A and project markings associated with the project by power washing or an approved alternative.
9.10.5. MICRO- TRENCH SPECIFICATIONS
a) Micro-trenching must follow these specifications , City Standards, current building and electrical codes and the details attached. Any deviation from these engineering specifications and details will be considered on a case-by- case basis by the City Engineer and must be approved in writing prior to commencing construction.
b) All materials and installation shall comply with these standards, City Standards Specifications and building and electrical codes.
c) The City shadow conduit and vaults shall comply with City’s Standards. City vault shall be independent of the Company vault.
d) The micro-trenching Contractor must acquire an Encroachment Permit e) If requested in writing, City of Fairfield will notify all micro -trench-installed Utility Owners of the upcoming years paving and infrastructure maintenance plans at least thirty (30) days prior to commencing work to allow the Utility Owner ample time to relocate or protect its utility prior to construction. f) All micro-trench installed ducts must be able to be located per current location standards. No more than two utility companies may be in the street with each being on opposite side of the road.
g) At no cost to City of Fairfield, the Company must provide permanent on -going maintenance to the fiber routes in the project areas . Maintenance must
include providing materials and labor to properly maintain, in good condition, pavement, sidewalks, curbs, curbs and gutters, shoulders, and softscape areas (dirt and landscaping), vaults and covers affected by Company’s micro- trenching and facilities, per City Standards.
h) At no cost to City of Fairfield, the Company must replace any fiber/duct that is damaged or destroyed due to any infrastructure maintenance or installation activities performed by any/all City departments. This also includes those activities necessary to maintain stormwater infrastructure, water distribution, sanitary sewer, sidewa lk, roadway, paving, signal installation, or other activities that may commence at the sole discretion of City.
i) At no cost to City of Fairfield, the Company must replace all existing fiber/duct damaged or destroyed in the shoulder of the roadway or ditch lines within the city right-of-way.
j) The City of Fairfield will not be responsible for any damage to, or resulting from, the installation of duct construction activities by Company, its contractors, and/or others within project areas.
k) The Company agrees to conform to the City of Fairfield, CA standard specifications and these specifications. Any changes will be at the sole discretion of the City. The City Standard Specifications supersede all other specifications.
l) If at any time the City of Fairfield, CA determines that a micro-trench is found to be failing or in disrepair, Company will be contacted and will be required to make subsequent repairs.
m) Prior to placement of any backfill, the Department must be notified, and an inspection of the trench will be conducted by a representative of the Department. At the completion of the backfill, the Department must be notified, and an inspection of the location will be conducted to ensure compliance with this and all standard details, specifications, and procedures.
n) Company’s Contractor must notify City of Fairfield, CA inspection personnel to request inspectors’ overtime 5 days in advance of work or as agreed by the inspector.
m) Company’s Contractor must notify City of Fairfield, CA inspection personnel at
(707) 428-7558 no less than one (1) day prior to the request for inspection. n) Existing pavement, bases, curbs and gutters, and sidewalks must be cut and brought to a neat line by use of a saw, or other approved equipment. All expansion joints removed must be replaced with like materials or approved
mastic.
o) The Company is responsible for submitting the standard encroachment permit application to the City of Fairfield’s online portal. p) The Company will be liable and responsible for all micro-trenching excavations in the roadway that are not filled, which may be a hazard to the pedestrian, bicycle, and non-vehicular community.
q) Micro-trenched are required to be installed in the following locations:
i) If available, the micro -trench must be installed at the back of curb in a native area. Where no sidewalk exists, the micro-trench must be at the edge of the softscape abutting the curb. See AT DWG No. 102-D1. ii) In rural preservation areas, where no curb or gutter exists, the micro- trench must be within 6 - 22 inches of the edge of pavement. See AT DWG No. 104-D3.
iii) Any micro-trenching proposed for alternate locations, because none of the above options are available, will be evaluated on a case-by-case basis and must be approved in writing at the sole discretion of the City Engineer.
r) All micro-trenching must be linear in nature and have a shape consistent with the roadway’s horizontal alignment. It is incumbent on each Utility Owner to work with future Utility Owners that wish to install in the same manner.
Micro-trench alignments shall consist of runs parallel to the centerline of the street, with crossing done perpendicular to the street centerline to the extent possible to avoid wheel paths.
s) All micro -trenching must meet minimum separations from wet utilities per Uniform Design and Construction Standards for Potable Water Systems (UDACS) 2010 and Design and Construction Standards for Wastewater Collection Systems City of Fairfield, CA 2019 (DCSWCS 2019), and the current City of Fairfield Title 24, CA UDACS Addendum and DCSWCS Addendum. t) Lateral street crossings shall be at a 90 -degree angle to the street centerline and are limited to one per block or a minimum spacing of every 500 feet.
Company shall place crossings at the edge of valley gutters where available in the vicinity of any proposed crossing. All street crossings shall have a tee grind over the trench. Grind width shall be 24 inches , either alongside the trench or centered over the trench . The depth of grind shall be as specified in these specifications.
u) The Company shall be responsible for determining any utility conflicts prior to construction, according to local standards. Use mobile ground penetrating radar capable of locating metallic and non-metallic utilities to 24 inches depth.
v) Micro-trench width shall be a minimum of 2 inches and a maximum of 4 inches. Trenches wider than 2.5 inches.
Backfill: All micro-trenches shall be completely backfilled with cement sand slurry (3000-psi minimum) or approved CLSM to finish grade by the end of the workday.
As soon as backfill is cured (not exceeding 30 days), all roadway restoration must be completed.
9.10.6. INSPECTIONS
The City Engineer shall be notified of a minimum of one working day prior to potholing within the city right of way. The City Engineer shall be kept informed with a three-week lookahead project schedule and a daily work schedule in writing.
The Company shall notify City Engineer a minimum of 48 hours prior to any work occurring near or around buried traffic signal loops. Signal loops cut or damaged shall be replaced by the contractor by city specifications at no cost the city. The contractor shall locate all traffic signal circuits and interconnect conduits prior to any trenching or being bored. All traffic signals and interconnect conduits shall be maintained and protected during all contractors’ work. Micro trenching shall maintain (12”) one -foot separation between new conduit and traffic signal and interconnect.
The Company must notify City of Fairfield inspection personnel at (707) 428-7558 as noted above.
All street crossings shall comply with depth and backfilling requirements per this specification. In addition, a tee grin d will be required 24” alongside or centered of the micro-trench at the depth per the requirement of these specifications .
9.10.7. REMOVAL OF DUCTS
If the Company no longer intends to maintain the duct in working order and good repair, the Company must notify the City Engineer and either transfer the duct to another Company, or the City of Fairfield, CA.
9.10. 8. MEASUREMENT AND PAYMENT
Micro-Trenching shall be measured by the lineal foot for conduits (from center of vaults/pull box to vaults/pull box, parallel to grade). Payment shall include all labor, materials, equipment, testing, and incidentals necessary to complete the installation as shown on plans and specified herein.
All Micro-Trenching work materials, equipment, and appurtenance furnished under these specifications shall be subject to the warranty and guarantees per the City of Fairfield Standard Specifications. Where a specific warranty period is not otherwise stated, the minimum warranty period shall be (1) year from City acceptance, and all applicable manufacturer warranties shall be assigned to the City.
EXHIBIT B
SECTION 18.39 A: BROADBAND SPECIFICATIONS AND STANDARDS
18.39 A.1 DESCRIPTION
This work shall include furnishing all labor, materials, tools, and equipment to construct and complete in an efficient and workmanlike manner the installation of broadband infrastructure (including fiber optic cables, conduits, poles, splice cases, patch panels, vaults, and appurtenances) in accordance with the approved plans, these specifications, and the City Standard Details.
Broadband Specification and Standards shall adhere to a "dig once" policy: whenever trenches are open for other utilities, conduits shall be installed to accommodate future fiber optic deployment, minimizing future excavations in public rights-of-way (ROW). All work shall comply with FCC guidelines, NEC/NESC codes, and local permitting requirements, and shall conform to the California State Standard Specifications (2026), applicable City of Fairfield Standard Specifications and Details, and this section. The installation shall include complete and operational fiber broadband systems for traffic and broadband networks, performed in a workmanlike manner with minimal disturbance to existing infrastructure, meeting or exceeding standards applicable to telecommunications systems. Contractors shall submit a complete set of equipment and materials, including Duraline microduct, microfiber, Fiber Optic closures, splice cases, Propel panels, traffic/security camera systems, and regular OSP cables where specified, to the Engineer for approval prior to commencement. Any landscaping, irrigation, or structural improvements disturbed shall be restored to original condition or better, at the Contractor’s expense. The Contractor shall submit photographic documentation of existing conditions prior to construction and provide a log detailing noted conditions.
18.39 A.2 MATERIALS
A. Conduits
Conduits shall be rigid nonmetallic Schedule 80 PVC or HDPE Schedule 80, with a minimum inside diameter of 2 inches (or larger as specified on plans). Innerducts shall be SDR 11, orange-colored, with a pre-installed 1600 lb. minimum mule tape for pulling. For maximizing conduit capacity, MaxCell fabric innerduct (e.g., Standard or Edge series, 1-4 cells for 1-4 inch conduits, up to 300% more cables) or Dura-Line FuturePath microduct bundles (HDPE, multiple ways such as 6-way or 12- way, sizes like 12/10mm or 18/14mm, with oversheath and fill ratios per manufacturer) may be used. Conduits must be electronically locatable (e.g., with tone able duct or ground wire) and include detectable red warning tape 6-12 inches below grade. Bends shall be factory-made with a minimum 18-inch radius; no crimping allowed.
B. Fiber Optic Cables
Cables shall be single-mode, loose-tube, single-armor, single-jacket, dry-block fiber meeting Corning SMF-28 Ultra specs or equivalent: maximum attenuation ≤0.32 dB/km at 1310 nm, PMD ≤0.04 ps/√km. Cables shall follow TIA/EIA 598 color codes and be suitable for direct bury or innerduct. All reels must be factory-tested and labeled.
C. Poles and Supports
Shall comply to City Standard Specifications.
D. Splice Cases
Splice cases shall be dome-type enclosures (e.g., Tyco or equivalent), suitable for underground or aerial use, with re-enterable sealing (e.g., heat-shrink or mechanical grommets) meeting IP68 rating for water immersion. Materials: Corrosion-resistant polyethylene or stainless steel housing.
Capacity: Minimum 144-288 fiber splices, with organizer trays for fusion splices (mass fusion upon approval). Compliance: Telcordia GR-771-CORE, ANSI/TIA standards. Include grounding provisions and cable strain relief. Splices protected by heat-shrink tubing rated for fiber optic fusion.
E. Patch Panels
Patch panels shall be fiber distribution panels (FDP), rack-mountable (19-inch EIA standard), with LC connectors (APC polish). Density: 1U for 24-48 ports, 2U for 72-144 ports, modular for scalability.
Materials: Aluminum or steel housing with cable management features (e.g., rear tie-downs, vertical managers). Compliance: ANSI/TIA-568, with factory-terminated pigtails (same or higher category as cables). Patch cords: Factory pre-assembled, duplex, with bend-insensitive fiber, lengths as specified on plans.
F. Appurtenances
Ethernet switches for fiber: RuggedCom RS916P or equivalent; for copper: Actelis MetaLight. All fittings must be NSF-61 approved if near water utilities.
G. Material Specifications and Catalog
Microduct: Shall be constructed of high-density polyethylene (HDPE), UV-resistant, with a minimum inner diameter of 10 mm for traffic networks (24 count fibers) and up to 16 mm for broadband networks (up to 864 count fibers). Microducts shall have a smooth inner surface with a coefficient of friction ≤0.1 and a minimum tensile strength of 1,200 lbs. Color shall be orange for identification, with pre-installed 1,200-lb detectable pull tape and #8 AWG copper trace wire.
Link: Duraline MicroTechnology
Microfiber: Shall be CommScope LazrSPEED or TerraSPEED or approved equal single-mode fiber, compliant with ITU-T G.657.A1 or G.657.A2 standards, loose-tube, armored or dielectric as specified, with fiber counts of 24 for traffic networks and up to 864 for broadband networks. Minimum bend radius of 7.5 mm (G.657.A2) or 10 mm (G.657.A1) during installation and 5 mm post-installation, with a maximum attenuation of 0.35 dB/km at 1310 nm and 0.25 dB/km at 1550 nm.
Link: CommScope Fiber Optic Cables
Regular OSP Cables: Shall be CommScope TerraSPEED, Corning ALTOS, or equivalent single- mode fiber, compliant with ITU-T G.657.A1 or G.657.A2 standards, loose-tube, armored or dielectric, with fiber counts of 12-24 for traffic networks and up to 864 for broadband
networks in congested conduits. Cables shall have a minimum tensile strength of 600 lbs, a maximum attenuation of 0.35 dB/km at 1310 nm and 0.25 dB/km at 1550 nm, and a UV- resistant polyethylene jacket.
Link: Consult manufacturer specifications for approved cables (CommScope, Corning, etc.) CommScope NOVUX Products: Shall include NOVUX Fiber Optic Closures (e.g., NOVUX FOSC series) and distribution terminals, NEMA 4-rated for outdoor use, with capacity to support up to 864 fibers for broadband networks and 24 fibers for traffic networks. Closures shall support SC/APC (broadband) or LC/UPC (traffic) connectors and include strain relief and cable management features.
Link: CommScope NOVUX Portfolio
Propel Panels: Shall be CommScope Propel high-density fiber panels, rack-mounted. Panels shall accommodate up to 144 terminations per rack unit for high-density applications, with integrated strain relief, labeling, and management rings. For traffic network applications, shall be CommScope, Corning, Levinton, or equivalent, with modular design supporting LC/UPC connectors, and panels shall accommodate up to 48 terminations per rack unit with labeling and management rings.
Link: CommScope Fiber Panels for high-density; CommScope, Corning, Levinton for traffic networks-City will provide links for traffic network panels Traffic and Security Cameras: Shall be IP-based cameras compatible with CommScope microfiber or OSP cables, supporting Power over Ethernet (PoE) or external 12-24V DC power supplies. Cameras shall have a minimum resolution of 1080p, weatherproof enclosures (NEMA 4-rated), and vandal-resistant mounts. Connectivity shall use LC/UPC connectors for integration with traffic network infrastructure. Link: Consult manufacturer specifications for compatible models (e.g., Axis Communications or Hikvision)
Connectors: LC/UPC connectors for traffic networks shall be CommScope, Corning, Levinton, or equivalent LC/UPC single-mode connectors with ≤0.3 dB insertion loss and ≥50 dB return loss. SC/APC connectors for broadband networks shall be CommScope SC/APC single-mode connectors with ≤0.3 dB insertion loss and ≥60 dB return loss. All connectors shall use factory-polished pigtails for fusion splicing.
Link: CommScope, Corning, Levinton for traffic networks; CommScope Fiber Connectors for broadband networks. City will provide links for traffic network panels.
18.39 A.3 INSTALLATION
A. General
Coordinate with Underground Services Alert (USA) for utility locates and potholing. Protect existing utilities; repair damages at Contractor’s expense. Obtain permits 20 days in advance; batch
applications allowed for up to 10 sites. A mandatory pre-construction meeting shall be held with City staff and utility agencies to review scope, identify conflicts, and confirm scheduling for both traffic and broadband networks, including traffic and security camera installations and use of existing conduits. The Contractor shall provide a construction schedule and confirm material lead times for Duraline microduct, CommScope microfiber, NOVUX products, Propel panels, camera systems, and regular OSP cables. No installation may proceed until all materials are onsite. Work shall be coordinated with utility owners to avoid conflicts with existing facilities.
B. Trenching and Backfill
Shall comply to the most recent version of the City of Fairfield Standard Specifications.
C. Conduit and Cable Placement
Install conduits in common trenches with other utilities where feasible. Total bends ≤270° between pull boxes. For fiber: Use fusion splicing per splice sheet; seal ends with duct seal. Cables must be pulled with manufacturer-approved methods, no stabbing or swinging. Install in straight paths, entering cabinets frontally. For MaxCell or FuturePath, follow manufacturer guidelines for tensioning (every 10 ft binding) and lubricants to prevent waving or spiraling. In areas where existing and congested traffic conduits are utilized, space constraints may dictate the use of regular OSP cables (G.657.A1 or G.657.A2) instead of CommScope microfiber to prevent potential damage to microfiber cables. Prior to installation, the Contractor shall inspect existing conduits for suitability, ensuring they are free of obstructions and compatible with OSP cable installation.
Existing conduits shall be cleaned and mandrel tested prior to OSP cable installation. OSP cables shall be installed without exceeding the manufacturer’s maximum pulling tension, with pull forces documented and submitted to the Engineer. Where OSP cables are used, the Contractor shall ensure compatibility with LC/UPC connectors for traffic networks and SC/APC connectors for broadband networks at termination points.
D. Microduct and Conduit Installation for Traffic and Broadband Networks All new microducts shall be Duraline microduct, with a minimum diameter suitable for CommScope microfiber (12-24 count, G.657.A1 or G.657.A2) to support traffic and security camera connectivity, and up to 16 mm for broadband networks (up to 864 count fibers) based on service delivery requirements. Where existing and congested conduits are used, regular OSP cables (G.657.A1 or G.657.A2) may be installed as per subsection C. Microducts and conduits shall be installed to a depth of 42” below finished grade for road crossings, 24” below finished grade for landscaped areas, and 12” below finished grade for sidewalks.
Microducts and conduits shall be installed via directional bore unless otherwise specified or approved and shall contain a 1,200-lb detectable pull tape with footage markers and a #8 AWG copper trace wire. Microducts and conduits shall be cleaned and mandrel tested prior to microfiber or OSP cable installation.
E. Vaults and Covers
Vaults shall be Channell BULK 4 Series, Hubbell Pencell, or equivalent, HDPE body with straight wall and ribbed sidewall design to secure backfill and eliminate deflection. Sidewalk
vaults shall be rated Tier 22 (33,750 lbf/150 kN), with a minimum size of 35.5” x 28.75” x 24” or 36” depth (610 mm or 914 mm), and larger sizes (e.g., 30” x 48” x 36”) as needed for broadband networks with high fiber counts (up to 864). Vaults for street installations (e.g., 2, 3, and other streets) shall use round ring and cover systems, rated Tier 22. Vaults shall be installed flush with final grade and include a 12” wide concrete collar. Lids shall be composite (33,750 lbf/150 kN) or ductile iron with composite ring (56,200 lbf/250 kN), with anti-slip tread, anti-trip design, non-seizing bolt system, and labeled “Fiber Optic” with “City of Fairfield.” Placement will be in Public Right of Way or City owned properties.
F. Microfiber and OSP Cable Installation for Traffic and Broadband Networks Fiber optic cable shall be CommScope microfiber or regular OSP cables, single-mode, compliant with ITU-T G.657.A1 or G.657.A2 standards, loose-tube, armored or dielectric, with 12-24 count fibers for traffic networks to support traffic and security camera systems, and fiber counts ranging from 12 to 864 for broadband networks depending on service delivery needs (e.g., residential, commercial, or institutional connectivity requirements). The Contractor shall select appropriate fiber counts based on project plans and anticipated bandwidth demands, with higher counts (e.g., 144, 288, 432, 576, or 864) used in high- density service areas or backbone routes. Cables shall be installed without exceeding manufacturer’s maximum pulling tension, with special care taken for high-count cables to prevent stress or damage. A minimum of 50 feet of slack shall be provided at each termination location and 20 feet in vaults, with additional slack as needed for high-count cables to facilitate future splicing or reconfiguration. No splicing shall occur unless explicitly shown on plans or directed by the Engineer.
G. Traffic and Security Camera Installation
Traffic and security cameras shall be installed at locations specified in the plans, integrated with the fiber broadband infrastructure to ensure reliable data transmission. Cameras shall be IP-based, compatible with CommScope microfiber or OSP cables (G.657.A1 or G.657.A2), supporting Power over Ethernet (PoE) or external 12-24V DC power supplies, with a minimum resolution of 1080p, weatherproof enclosures (NEMA 4-rated), and vandal- resistant mounts. Connectivity shall use LC/UPC connectors for integration with traffic network infrastructure. The Contractor shall verify camera alignment and field of view during installation, coordinating with City staff for optimal placement.
H. Poles
Set poles plumb on foundations; align with existing streetlights/trees (min. 15 ft from trees). Submit as-built drawings weekly, including alignments and variances.
I. Coordination and Safety
Reserve space in trenches/poles for City use. No work in historic areas without review. Maintain positive air changes in telecom rooms (18-24°C, 30-55% humidity). Comply with OSHA for excavations; notify Engineer 48 hours before boring.
18.A.4 TESTING
All fiber optic cables shall be tested in accordance with ANSI/TIA-526-7, ITU-T G.652.D, and these specifications. Testing shall include pre-installation (reel) and post-installation phases. The Contractor shall provide calibrated equipment and notify the City Engineer at least 3 business days in advance of testing. The city may observe tests.
A. Methods and Equipment
Use an Optical Time Domain Reflectometer (OTDR) for measuring continuity, length, anomalies, attenuation, and splice losses. OTDR shall have event dead zone ≤1 m, attenuation dead zone ≤5 m, dynamic range ≥38 dB, and be calibrated annually (certification required).
Use optical power meters (OPM) and stabilized light sources for end-to-end insertion loss testing. Equipment shall test at 1310 nm and 1550 nm wavelengths. All tests shall be bi-directional, except for un-terminated fibers (uni-directional from terminated end). Use launch cables ≥150% of OTDR dead zone.
B. Testing Procedures
Pre-Installation (Reel Test): Test each fiber on the reel using OTDR at one wavelength (1310 nm) for continuity, length, anomalies, and attenuation. Compare to manufacturer’s data; reject reels exceeding specs.
Post-Installation (Final Test): After splicing and termination, perform bi-directional OTDR and power meter tests on all fibers. Test for continuity (no crossed fibers), attenuation, and splice/connector losses. Verify one-to-one continuity with visual inspection of fiber colors.
C. Acceptance Criteria
Fiber Attenuation: ≤0.35 dB/km at 1310 nm; ≤0.25 dB/km at 1550 nm. Splice Loss: ≤0.05 dB (fusion splicer measurement); ≤0.15 dB (bi-directional OTDR average). Connector Loss: ≤0.50 dB (bi-directional).
Total Link Loss: Calculated as (fiber length x attenuation) + (splice count x splice loss) + (connector count x connector loss); must not exceed design values. Up to three splice attempts allowed; failures require re-splicing at Contractor's expense.
D. Cable Termination and Testing for Traffic and Broadband Networks Fiber termination for traffic networks and camera systems shall use LC/UPC connectors with factory-polished pigtails fusion spliced to trunk fibers, and for broadband networks shall use SC/APC connectors with sufficient termination capacity to support up to 864 fibers where required. Contractor shall perform OTDR and light source/power meter testing at 1310 and 1550 nm for all fibers, including those connected to cameras. Test results shall be submitted
in both printed and electronic formats, labeled by location, fiber ID, and camera ID or service area designation where applicable. For high-count cables (e.g., 144–864 fibers), testing shall include verification of all active fibers and a representative sample of spare fibers to ensure performance across the cable.
Parameter Wavelength Threshold
Fiber Attenuation 1310 nm ≤0.35 dB/km
Fiber Attenuation 1550 nm ≤0.25 dB/km
Splice Loss (Fusion) 1310 single
mode
≤0.15 dB (bi-dir avg)
Connector Loss 1310 single
mode
≤0.50 dB
Event Dead Zone (OTDR) N/A ≤1 m
E. Documentation and Submittals
Submit electronic OTDR traces (.trc for uni-directional, .bdr for bi-directional) and power meter results in PDF format, including cable ID, fiber ID, wavelengths, losses, locations, date, operator, and equipment settings. Provide viewing software license to City at no cost. Include as-built drawings with test results, splice locations, and GPS coordinates, showing microduct and conduit routing, vault and splice locations, microfiber and OSP cable strands used (including fiber counts up to 864 for broadband, all G.657.A1 or G.657.A2), and traffic/security camera locations for both traffic and broadband networks. As-builts must be provided in both CAD and PDF formats, with clear notation of fiber counts and service areas for broadband networks.
18.39 A.5 MEASUREMENT AND PAYMENT
Broadband infrastructure shall be measured by the lineal foot for conduits/cables (from center of pull box to pull box, parallel to grade) or per each for poles/boxes/vaults/splice cases/patch panels.
Payment at contract unit price includes all labor, materials, excavation, backfill, testing, and incidentals. Full compensation for "dig once" coordination and permits is included, no additional payment for delays from utility conflicts. Fiber broadband infrastructure for both traffic and broadband networks shall be measured and paid by the following units: microduct and conduit installation per linear foot, vaults (Channell BULK 4 Series, Hubbell Pencell or round ring and cover) per unit, microfiber and OSP cable per linear foot, termination and testing per terminated strand, and traffic and security cameras per unit. Payment shall include all labor, materials, equipment,
testing, and incidentals necessary to complete the installation as shown on plans and specified herein.
All fiber broadband work materials, equipment, and appurtenances furnished under these specifications shall be subject to the warranty and guarantees per the City of Fairfield Standard Specifications. Where a specific warranty period is not otherwise stated, the minimum warranty period shall be (1) year from City acceptance, and all applicable manufacturer warranties shall be assigned to the City.
Agenda Item No: K.4
AGENDA REPORT
DATE: April 21, 2026
TO: Mayor and Council
FROM: David Gassaway, City Manager
SUBJECT: Resolution 2026-60 PW Adaptive Traffic Control System Support Services
Authorizing the City Manager to Execute a Professional Service Agreement with Rhythm Engineering to Provide Maintenance Services for the Fairfield Adaptive System Traffic Signal Project
Funding Source: $160,000; AB1600 Streets Fund
Contact: Ryan Panganiban, (707) 428-7017
RECOMMENDED ACTION
Adopt resolution.
STATEMENT OF ISSUE
The Fairfield Adaptive System Traffic Signal Project (Project; CPW070002) implemented advanced traffic signal technology along key arterial corridors within the City of Fairfield. The system requires specialized software, technical support, and hardware warranty to ensure continued optimal performance. Staff recommend the City Council authorize the city manager to execute a professional services agreement with Rhythm Engineering to provide ongoing maintenance and support services for the Project.
DISCUSSION
On August 15, 2023, the council adopted Resolution No. 2023 -212, approving the plans and specifications and awarding a contract to Bear Electrical Solutions, Inc for t he Project . Work included the installation of adaptive traffic signal control system equi pment at 16 intersections along Travis Boulevard and Texas Street, two of the City’s highest-volume arterial corridors. The adaptive system utilizes real -time traffic data to optimize signal timing, reduce congestion, and improve traffic flow. These improv ements enhance mobility, reduce travel delays, and improve overall roadway efficiency for residents and commuters.
On April 1, 2025, the council approved the Project as complete through Resolution No. 2025-49.
This Project represents a significant investment in modernizing the City’s traffic signal infrastructure. The adaptive system incorporates advanced and proprietary hardware and software components that require specialized knowledge for proper operation, maintenance, and troubles hooting. Due to the proprietary nature of the system, maintenance and support services must be performed by the manufacturer or individuals authorized and certified by the manufacturer.
To ensure the system continues to operate as intended and to protect the City’s investment, ongoing maintenance and technical support from a qualified provider is necessary. Without proper maintenance, the system may not function at optimal levels, potentially resulting in increased congestion, reduced system reliability, and diminished operational benefits.
Rhythm Engineering, the manufacturer and provider of the adaptive traffic signal system installed as part of the Project, can provide the required maintenance services. Their familiarity with the system’s proprietary hardware and software allows them to efficiently diagnose issues, perform updates, and ensure system performance remains optimized.
The proposed scope of services includes:
Software and technical support services for a period of four years Hardware maintenance services for a period of three years
Engaging Rhythm Engineering will ensure continuity of service, minimize system downtime, and maintain the operational benefits achieved through the Project.
The total cost for the proposed maintenance services is $160,000. This includes four years of software and technical support services and three years of hardware warranty. Staff have determined the cost to be fair and reasonable based on the specialized nature of the system and the manufacturer’s expertise.
Staff recommend including additional budget to account for potential emergency repairs at critical intersections, including the Travis Boulevard and I-80 interchange. This location is a high- volume, regionally significant intersection shared with Caltrans, where any system malfunction can result in traffic congestion and safety concerns. In the event of a failure, expedited diagnostic and repair services may be required to restore operations as quickly as possible. The additional budget ensures the City can respond immediately to such emergencies without delay, maintain coordination with Caltrans, and minimize disruption to the traveling public.
FINANCIAL IMPACT
The total authorization for the professional service agreement with Rhythm Engineering for maintenance services will be $176,000 which is the total amount plus a 10% management reserve ($160,000 total amount + $16,000 management reserve). Funding for the first four years of support for the Project is captured in the AB 1600 Streets Fund (Fund 261; Project No.
CPW070002). The on-going support after the initial four years will be included in the Operating Budget.
PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
N/A
ALTERNATIVE ACTION
The council may elect not to approve the agreement and direct staff to pursue alternative maintenance options. However, given the specialized and proprietary nature of the adaptive traffic signal system, alternative providers may not have the necessary expertis e to effectively maintain the system. Additionally, relying solely on City staff may result in reduced system performance, increased downtime, and potential loss of operational benefits achieved through the Project.
COORDINATED WITH
N/A
STAFF CONTACT
Phil Layoso, Assistant Engineer
(707) 428-7505
[email protected]
ATTACHMENTS
Attachment 1: Proposed Resolution
Attachment 2: Proposed Agreement
CITY OF FAIRFIELD
RESOLUTION NO. 2026-60
AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT
WITH RHYTHM ENGINEERING TO PROVIDE MAINTENANCE SERVICES FOR THE FAIRFIELD
ADAPTIVE SYSTEM TRAFFIC SIGNAL PROJECT
WHEREAS, On April 1, 2026, the City Council adopted Resolution No. 2025 -49 approving the Fairfield Adaptive System Traffic Signal Project (Project) as completed; and
WHEREAS, the Project requires on-going software, technical, and hardware maintenance; and
WHEREAS, the adaptive system technology is proprietary, and access to or work on the equipment and system is restricted exclusively to individuals authorized by Rhythm Engineering Inc.; and
WHEREAS, Rhythm Engineering has provided a quote to perform on -going mai ntenance for Software and technical support for a period of 4 years and maintenance services for a period of 3 years; and
WHEREAS, staff wishes to enter into a Professional Services Agreement with Rhythm Engineering for maintenance services for the Project.
NOW, THEREFORE, THE COUNCIL OF THE CITY OF FAIRFIELD HEREBY RESOLVES:
Section 1. The city manager is authorized to enter into a professional services agreement with Rhythm Engineering, Inc., in the amount of $160,000.
Section 2. The director of public works is hereby authorized to execute and administer change orders for an amount not to exceed the 10% contingency of the agreement value in the amount of $16,000.
Section 3. The city manager or de signee is hereby authorized to implement the above - mentioned contract.
RES. NO. 2026-60
PASSED AND ADOPTED this 21st day of April 2026, by the following vote:
AYES: MEMBERS: MOY/BERTANI/CARR/PANDURO/SANDHU/TONNESEN/WILLIAMS NOES: MEMBERS: _________________________________________________ ABSENT: MEMBERS: _________________________________________________ ABSTAIN: MEMBERS: _________________________________________________
_________________________________________________
MAYOR
ATTEST:
___________________________
CITY CLERK
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 l<ri'J1'Ml4\ £ ,-.>~ (f6'/2~ "CONSULTANT"), who agree as follows:
1) SERVICES. Subject to the terms and conditions set forth in this Agreement, CON SU LT ANT 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 "A." The payments specified in Exhibit "A" 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 "A." 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 "B" 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 "B" shall control. 5) INSURANCE REQUIREMENTS. The insurance requirements 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 requirements set forth in Exhibit "C" 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 l0B of the Fairfield City Code, with respect to the gross receipts received pursuant to this Agreement. No payments shall be made to any SERVICE PROVIDER until such business license has been obtained, and all fees paid therefore, by the CONSULTANT. Business license applications and information may be obtained from the Community Development Department, Fairfield City Hall, 1000 Webster Street, Fairfield, CA 94533-4883, {707-428- 7509) and online at www.fairfield.ca.gov/biz.
7) EXHIBITS. All exhibits referred to herein are att ached hereto and are by this reference incorporated herein.
8) TERM. This agreement shall be in effect through- - - - - - - - - ~ 9) GOVERNING LAW AND VENUE. Should either Party to this Agreement bring legal action against the other, the validity, interpretation, and performance of this Contract shall be controlled by and construed under the laws of California, excluding California's choice of law rules. Venue for any such action relating to this Agreement shall be in the Solano County Superior Court. 10) Where applicable, vehicles with a GVWR greater than 8,500 lbs. and light-duty package delivery vehicles operated in California may be subject to the California Air Resources Board Advanced Clean Fleets regulations. Such vehicles may therefore be subject to requirements to reduce emissions of Revised 1/09/2025
air pollutants. For more information, please visit the CARB Advanced Clean Fleets webpage at https://ww2.arb.ca.qov/our-work/proqrams/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: Phil Layoso
E-mail: [email protected]
Address: 1000 Webster Steet - 3rd Floor, Fairfield, CA. 94533 Telephone: 707.428.7505
Notices must be given to CONSULTANT at the following:
CONSULTANT Contact: Richard Cole
E-mail:
Address:
Telephone:
[email protected]
14019 W 85th Street. Lenexa, KS, 66215
913.227.0603
EXECUTED as of the day first above-stated.
City of Fairfield, a municipal corporation
By: _
2 Revised 1/09/2025
EXHIBIT A
Quotation I Off er
This Quotation constitutes an offer by Rhythm to enter into a purchase contract. Client's acceptance of the unaltered terms of this offer, signified by Client's signature affixed to this offer, shall create a binding contract between Rhythm and Client. As is the case with any contract, neither party may modify the terms of this contract except by a writing signed by both Rhythm and Client. Unless signed by both Rhythm and Client, a writing or other document prepared or delivered after the creation of this contract shall be of no force or effect.
Agency & Project
Fairfield, CA Travis Blvd & Texas St Support & Hardware Warranty Renewal (through 5 years)
Quote Addressed To
Phil Layoso USA
Quote Information
Quote Reference 019183
Please direct any questions related to this quotation to:
Company Address 14019 w 95th St
Lenexa. KS, Kansas 66215
USA
Created Date
Prepared By
Email
3/10/2026
Richard Cole
[email protected]
Quote Line Items
Product Product Description Line Item Description Quantity ~:~! Total Price Support and Software
License
Hardware Warranty
'Technical Support and Software
• Updates
Hardware Warranty
Years 2-5 of Support (16 intersections x 4
years= qty 64)
Years 3-5 of Hardware Warranty (16
intersections x 3 years= qty 48
64.00 I $1.000.00 $64,000.00
48.00: $2,000.00 $96,000.00
I
Subtotal
Total Price
Grand Total
$160,000.00
$160,000.00
$160,000.00
The total contract value of $160,000 will be invoiced in thirty-six (36) equal monthly installments. Each invoice will be issued monthly in the amount of $4,444.45, beginning upon execution of this agreement. The sum of the thirty-six (36) invoices shall equal the total contract value stated in this quotation.
Notes
This quote is to extend the hardware warranty and remote support coverage for 16 intersections along Travis Blvd and Texas St. This would extend the current 1 year of support and 2 years of hardware warranty through 5 years of each.
.:iiii RHY T HM . - - - - - - - ENGINEERING
Payment Terms
1. Quote does not include additional fees in the event Rhythm serves as a primary contractor.
2. Any required bonding or licensing fees are not included in quote.
3. All taxes are the responsibility of client. FOB Point: Lenexa, KS.
4. Payment is due within 30 days of the invoice date. Client understands that Rhythm depends on Client prompt payment in the conduct of Rhythm's business. In particular, Client' s failure to pay timely the amounts owed to Rhythm jeopardizes Rhythm's ability to pay its employees, suppliers, and other creditors and may result in an impairment of Rhythm's credit standing and status with sureties and lenders. Because the damages Rhythm may sustain as a result of Client's late payment are diffi cult, if not impossible, to calculate, Client agrees that if Rhythm has not received payment within 30 days of invoicing, Client shall pay to Rhythm as liquidated damages an amount equal to 5% of the unpaid amounts. Client and Rhythm agree that the amount of liquidated damages is a reasonable estimate of Rhythm's damages, which are otherwise difficult to calculate. If payment exceeds 60 days past the invoice date (30 days past due), additional finance charges shall be applied at an interest rate of 18% APR. Finance charges are computed against the unpaid invoice balance, plus any liquidated damages and/or fees. Time is of the essence.
In addition to any other remedies available to Rhythm at law or in equity to address Client's breach of is obligations to pay Rhythm the amount due Rhythm on a timely basis, Rhythm may exercise one or all of the following remedies: (i) Client's default will excuse Rhythm from any further duty to supply materials to or perform services for Client; (ii) Rhythm will possess a vendor's lien, i.e., security interest, in the equipment and materials it has supplied to Client and, along with any other remedies a secured creditor possesses under the Uniform Commercial Code as enacted in Kansas, upon Client's default, Rhythm may repossess the equipment and materials in which it has a security interest; and (iii) upon Client's default, Rhythm may disable its traffi c monitoring system, and Client will indemnify and hold Rhythm harmless from any claims, causes of action, damages, or expenses arising out of the inoperability of Rhythm's equipment.
5. Client agrees that the laws of the State of Kansas apply to this Contract and all actions arising out of it. Client further agrees that this Contract is made in Kansas and Client subjects itself to the exclusive jurisdiction of federal or state court presiding over cases originating in Johnson County, Kansas and further agrees that venue is properly placed in a federal or state court presiding over cases originating in Johnson County, Kansas.
6. Invoices are generated upon shipment of material.
7. Client agrees that in the event either Rhythm or Client must initiate litigation or other enforcement proceeding the prevailing party in such litigation or other proceeding shall be entitled to recover its attorneys' fees and associated costs from the other party.
8. Rhythm acknowledges that Client may be in contractual privily regarding the services and materials encompassed by this Contract with a contractor or a governmental agency. Irrespective of the terms of Client's contract with a contractor or a government agency, the terms of this Contract supersede such other Contract. In the event of a confli ct between this Contract and Client's contract with a contractor or governmental agency, the terms of this Contract shall control. Client is, therefore, responsible for reconciling the terms of this Contract with other contracts which bind Client. Except to the extent it expressly agrees, Rhythm does not agree to be bound by the payment terms of Client's other contracts which relate to Rhythm's materials and services.
9. To the extent its rights as a third-party beneficiary do not confli ct with its rights under this Contract, Rhythm shall be a third-party beneficiary with regards to the payment provisions of Client's contract with a third-party responsibility for paying Client the funds payable to Rhythm.
10. Time is of the essence of this Contract, in particular with regard to the due date of payment.
11. Rhythm shall have the right to determine the method of payment of its invoices.
12. While Rhythm does not acknowledge that Client may reduce, or offset against, amounts due for Rhythm's materials and services, Client nonetheless agrees it will not withhold payment from Rhythm and all amounts are due without reduction or offset. In the event a dispute arises over Rhythm's billings, Client and Rhythm will resolve the dispute in accordance with this Contract and Client will not unilaterally act to enforce whatever it thinks its rights are by withholding payment.
13. Client represents to Rhythm that the signatory to this Quotation/Offer has been duly authorized by the client to sign this document on behalf of the client.
Please Sign Here
CLIENT (Signature)
(Printed name)
(Printed title)
(Date)
EXHIBIT "B"
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 oft he 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 5 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 lndemnitees") 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 lndemnitees 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 lndemnitees.
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. 6 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. 7 Revised 1/09/2025
EXHIBIT "C"
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. r:l Professional Liability Insurance/ Errors and Omissions Liability in the minimum amount of $1,000,000 ~ per occurrence.
D Pollution Liability Insurance in the minimum amount of $1,000,000 per occurrence D Garage Keepers Insurance in the minimum amount of $1,000,000 per occurrence D Fidelity/ Crime/ Dishonesty Bond in the minimum amount of $ _ □ MCS-90 Endorsement to Business Automobile insurance for transportation of hazardous materials and pollutants
D 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 8 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 ofExhibit D. Failure of CONSULTANTt o verify existence of sub contractor's insurance shall not relieve CONSULTANT from any claim arising from sub-contractors work on behalf of CONSULTANT.
9 Revised 1/09/2025
Agenda Item No: K.5
AGENDA REPORT
DATE: April 21, 2026
TO: Mayor and Council
FROM: David Gassaway, City Manager
SUBJECT: Resolution 2026-61 PW Awarding Site Improvements Lee Bell Park
Approving the Plans and Specifications and A warding a Contract to Terocons Inc. for Site Improvements for the Lee Bell Restroom Project
Funding Source: $251,300; Community Development Block Grant
Contact: Marisa Cumpian, (707) 428-7494
RECOMMENDED ACTION
Adopt resolution.
STATEMENT OF ISSUE
The proposed Lee Bell Prefabricated Restroom Project (Project) received $701,173 in funding from the Community Development Block Grant (CDBG) to install a public restroom at Lee Bell Park. The attached resolution awards a contract to Terocons Inc. for the site improvement s required for the installation of one prefabricated restroom building in the amount of $228,500.
A separate bidding process occurred on January 7, 2026, for the prefabricated restroom building and on February 3, 2026, the City Council adopted Resolution No. 2026-21, awarding the contract to Globe Engineering Development (GED).
DISCUSSION
Many of the City’s public park restroom facilities are aging, outdated, and have been subject to vandalism, making maintenance increasingly challenging and costly. To address these issues and provide better facilities for the public, staff have worked with maintenance and Police personnel to develop standards for new restroom facilities. This effort resulted in a standardized performance specification for a modular rest room design that is compliant with the Americans with Disabilities Act (ADA), vandal resistant, more cost-effective, easier to maintain, and provides greater security. Lee Bell has been identified as a location for installation.
The bid specifications included the site work required to prepare and complement the installation of one restroom building under this contract, which will be installed at Lee Bell Park.
Bids for this work were opened on March 25, 2026. Ten vendors submitted bids and ranged between $228,500 and $437,300. The Engineer’s Estimate for the Project was $389,000. The lowest bidder was Terocons Inc. of San Francisco, California. Terocons Inc. is appropriately licensed in the State of California to perform this type of work and is suffic iently experienced.
Staff have reviewed their bid documents and found them to be in order with no exceptions noted.
Staff therefore recommend that the council award the contract to Terocons Inc. as the lowest responsive and responsible bidder.
FINANCIAL IMPACT
The total construction authorization for the Project is $251,350 which includes the bid amount of $228,500 total bid amount plus a $22,850 contingency. Funding for the project is allocated under the CDBG. This contract will be fully reimbursed with CDBG funds.
PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
A notice inviting bids for this project was advertised in the Daily Republic newspaper. In addition, the staff mailed a notice of the project and a complete bid package to a total of nineteen builder’s exchanges covering the area from Redding to San Jose and Stockton to Santa Rosa. A total of 2 contractors purchased bid documents for this Project.
ALTERNATIVE ACTION
The council may reject the bid and n ot award the Project. This is not recommended as this may place the City out of compliance with the Department of Housing and Urban Development’s timelines requirement for delivering the Project. This will lead to the City losing grant funds for the Project and risking future funding from the CDBG program.
COORDINATED WITH
Parks & Recreation Department and Police Department
STAFF CONTACT
Marisa Cumpian, Sr. Management Analyst
(707) 428-7494
[email protected]
ATTACHMENTS
Attachment 2: Proposed Resolution
Attachment 3: Bid Results
CITY OF FAIRFIELD
RESOLUTION NO. 2026-61
APPROVING PLANS AND SPECIFICATIONS AND AWARDING A CONTRACT TO TEROCONS, INC.
FOR SITE IMPROVEMENTS FOR THE LEE BELL RESTROOM PROJECT
WHEREAS, many of the City’s public park restroom facilities are aging, outdated, and have been subject to vandalism, making maintenance increasingly challenging and cost-effective; and
WHEREAS, staff have determined that a prefabricated restroom building will meet City standards and identified Lee Bell Park as a location for installation; and
WHEREAS, on January 7, 2026, a bid opening took place for the purchase and delivery of one prefabricated restroom building and awarded a contract to Globe Engineering Development on February 3, 2026, through Resolution No. 2026-21; and
WHEREAS, a separate bid opening for the required sitework and installation of the project took place on March 25, 2026; and
WHEREAS staff have reviewed the bid documents from Terocons, Inc. and found them to be in order; and
WHEREAS, staff is recommending that the council award the contract to Terocons, Inc. as the lowest responsive and responsible bidder.
NOW, THEREFORE, THE COUNCIL OF THE CITY OF FAIRFIELD HEREBY RESOLVES:
Section 1. The plans and specifications are hereby approved.
Section 2. The city manager is authorized to enter into a contract with Terocons, Inc. for the Project in the amount of $228,500.
Section 2. The director of public works is hereby authorized to execute and administer change orders for an amount not to exceed the 10% contingency of the agreement value in the amount of $22,850.
Section 2. The city manager or de signee is hereby authorized to implement the above - mentioned contract.
RES. NO. 2026-61
PASSED AND ADOPTED this 21st day of April 2026, by the following vote:
AYES: MEMBERS: MOY/BERTANI/CARR/PANDURO/SANDHU/TONNESEN/WILLIAMS NOES: MEMBERS: _________________________________________________ ABSENT: MEMBERS: _________________________________________________ ABSTAIN: MEMBERS: _________________________________________________
_________________________________________________
MAYOR
ATTEST:
___________________________
CITY CLERK
City of Fairfield
Public Works Department
Site Improvements for Lee Bell Park Restroom Project
CDBG 2025
NAME OF PROJECT
March 25, 2026, 2:00 p.m.
DATE OF BID
NO. BIDDER AMOUNT
1 Terocons Inc. San Francisco $228,500
2 Michael Paul Company, Inc Petaluma $244,784
3 Coastside Concrete &
Construction Petaluma $256,525
4 Swierstok Enterprise dba
ProBuilders Orangevale $278,400
5 Kerex Engineering Dev Pleasant Hill $348,600
6 Modernscapes Innovations Oakley $352,700
7 JPB Designs Inc Orangevale $355,000
8 McNabb Construction Alamo $394,898
9 Globe Engineering Development Fairfield $409,000
10 CWS Construction Group, Inc Novato $437,300
Engineer’s Estimate $389,000
Note: This bid summary shows the bids in order as opened but is not a determination of award, responsiveness, or responsibility of bids received. The values computed are values based on staff’s interpretation of the bids, correction of mathematical errors and assumptions made where ambiguous and/or illegible entries are encountered during the review process.
Agenda Item No: K.6
AGENDA REPORT
DATE: April 21, 2026
TO: Mayor and Council
FROM: David Gassaway, City Manager
SUBJECT: Resolution 2026-62 PW Suspend Competitive Bidding and Authorize a Contract for the First-In Alerting Systems for Fire Stations 36 and 39 Project
Suspending Competitive Bidding and Authorizing the City Manager to Execute a Contract Between the City of Fairfield and Westnet, Inc. for Installation of First -In Alerting Platform Systems for Fire Stations 36 and 39 and Authorizing an Update to the Fiscal Year 2025 -2026 Budget
Funding Source: $459,776; Intergovernmental Loan Fund
Contact: Ryan Panganiban, (707) 428-7017
RECOMMENDED ACTION
Adopt resolution.
STATEMENT OF ISSUE
Construction is currently underway on Fire Stations 36 and 39 (Project). The Project requires installation of an alerting system that is fully compatible with the system currently used at all existing City fire stations and the City’s dispatch center. The City’s existing alerting system is the First-In Fire Station Alerting System, which was designed and installed by Westnet, Inc. (Westnet) at all existing City fire stations and the City’s dispatch center in 2023.
To ensure timely completion of the Projec t and maintain seamless integration with the City’s existing dispatch infrastructure, staff recommend executing a contract with Westnet for installation and technical support services for the Project’s fire alerting system.
DISCUSSION
Alert systems are a critical component of the City’s fire station operations supporting safety, emergency notification, and coordinated response. On October 1, 2022, the City Council adopted Resolution No. 2022-271 to suspend competitive bidding and authorize a contract with Westnet for installation of the First-in Fire Station Alerting Systems in the City of Fairfield Dispatch Center
and Fire Stations 35, 37, 38, 39 (including Annex), 40 and 41. Th e prior work provided a comprehensive upgrade and modernization of aging and failing alert systems at existing facilities.
The system was successfully delivered by Westnet, which included procurement, installation, system integration, testing, and commissioning. Construction was completed and the system was put into operation in August 2023. On March 5, 2024, the council adopted Resolution No. 2024- 47 authorizing the city manager to execute a technical support agreement with Westnet for the First-In Alerting System.
The upgraded First-In Alerting Systems have been operational for approximately two years and have demonstrated improved reliability, performance, and compatibility with current City technology standards. The Project is currently under construction and will require installation of alerting systems to meet City operational standards and to ensure consistency across City infrastructure.
The proposed contract with Westnet includes:
Furnishing and installing the First -In Fire Station Alerting Platform Systems at new Fire Stations 36 and 39
One Year Technical Support
Installing the same alert system platform at the new fire stations will ensure uniformity across City facilities, streamline maintenance, and simplify staff training and system support. The First- In Alerting System design has been incorporated into the Project’s construction documents.
Staff recommends the council adopt the attached resolution to authorize the city manager to execute a contract with Westnet for the installation of Westnet First-In Alerting Platform Systems for the City of Fairfield Fire Stations 36 and 39.
FINANCIAL IMPACT
The total authorization for the contract is for a not -to-exceed amount of $459,775.40 , which includes $208,988.82 for the alerting system for Fire Station 36 ( Project No. CPW010036), $208,988.82 for the alerting system for Fire Station 39 ( Project No. CPW010092), and a 10% contingency ($417,977.64 contract amount + $41,797.76 10% contingency).
Costs for this contract are currently programmed in the Westnet Station Alerting System Project (CPW010037). This contract for Westnet is for Fire Stations 36 and 39 which are programmed in separate projects. In order to track costs for each of the Fire Station projects, budget f rom the Westnet Station Alerting System Project (CPW010037) will be transferred in the amount of $459,775.40 ($ 229,887.70 CPW010036; $ 229,887.70 CPW010092) to each of the fire station projects. This contract will be funded by the Intergovernmental Loan (Fund 551). This budget transfer will result in a net-zero adjustment within the Capital Building Fund (Fund 254) as budget will be transferred between existing projects. This is the same fund that was used to fund the alert system upgrade and modernization project completed two years ago.
PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
N/A
ALTERNATIVE ACTION
The council may choose not to approve the installation of the First-In Alerting System for the new fire stations. However, this leaves the facilities without systems compatible with City infrastructure and severely impacts the emergency response to the community. Any delay in adopting the resolution will result in substantial delays to the alerting system installation.
COORDINATED WITH
Fire and Finance Departments
STAFF CONTACT
Janet Navarro, Consultant Project Manager
(707) 428-7484
[email protected]
ATTACHMENTS
Attachment 2: Proposed Resolution
Attachment 3: Proposed Agreement
CITY OF FAIRFIELD
RESOLUTION NO. 2026-62
SUSPENDING COMPETITIVE BIDDING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT BETWEEN THE CITY OF FAIRFIELD AND WESTNET, INC. FOR THE INSTALLATION OF A FIRST-IN ALERTING PLATFORM SYSTEMS IN THE CITY OF FAIRFIELD FIRE STATIONS 36 AND 39 AND AUTHORIZING AN UPDATE TO THE FISCAL YEAR 2025-2026 BUDGET
WHEREAS, on October 1 , 2022, the City Council adopted Resolution No. 2022-271 which suspended competitive bidding and authorized a contract with West net, Inc. (Westnet) for the installation of a First-In Alerting Platform Systems in the City of Fairfield Dispatch Center and Fire Stations 35, 37, 38, 39 (including Annex), 40 and 41; and
WHEREAS, on July 1, 2025, the council adopted Resolution No. 2025-123 which approved plans and specifications and awarded a construction contract to Broward Builders, Inc. for the construction of Fire Station 36 and 39 (Project); and
WHEREAS, the City desires to maintain system compatibility with all City fire stations and the City’s dispatch center and utilize the same First-In Alerting Platform Systems; and
WHEREAS, Westnet is the designer and installer of First-In Alerting Platform Systems for the City and has designed the First-In Alerting Platform Systems for the Project; and
WHEREAS, Westnet has agreed to provide hardware, installation and technical support for the Project; and
WHEREAS, Section 28.60 of the Fairfield Municipal Code provides that the council may suspend competitive bidding for any purchase and may enter into a contract to procure general contractual services through the use of an alternative selection process after determining that it would be in the best interests of the City; and
WHEREAS, the City has budget available in the Westnet Station Alerting System Project (CPW010037) that is being funded with Intergovernmental Loan (Fund 551) in the amount of $731,746; and
WHEREAS, the cost of the Westnet contract for Fire Station 36 (CPW010036) and Fire Station 39 (CPW010092) will be charged to each of the Projects; and
WHEREAS, a budget transfer of $459,775.40 will need to be transferred from the Westnet Station Alerting Project (CPW010037) to Fire Station 36 ($229,887.70; CPW010036) and Fire Station 39 ($229,887.70; CPW010092); and
WHEREAS, due to the intensive knowledge Westnet has of the City’s alerting Systems, City staff seek to enter into an agreement for the installation of the First-In Alerting Platform Systems for Fire Stations 36 and 39; and
RES. NO. 2026-62
WHEREAS, the revised appropriation constitutes an update to the fiscal year 2025-2026 budget approved pursuant to Resolution No. 2025-103.
NOW, THEREFORE, THE COUNCIL OF THE CITY OF FAIRFIELD HEREBY RESOLVES:
Section 1. The council hereby suspends competitive bidding and authorizes the city manager to execute on behalf of the City of Fairfield a contract to purchase two fire alerting system s from Westnet for a total amount not-to-exceed $417,977.64.
Section 2. The public works director is hereby authorized to execute and administer change orders for an amount not-to-exceed 10% ($41,797.76) of the above-mentioned contract.
Section 3. The council hereby approves a budget transfer of $459,775.40 from the Westnet Station Alerting project (CPW010037) to Fire Station 36 ($229,887.70; CPW010036) and Fire Station 39 ($229,887.70; CPW010092).
Section 4. The council hereby approves an increase in appropriations of $229,887.70 to Fire Station 36 (CPW010036) and $229,887.70 to Fire Station 39 (CPW010092).
Section 5. The city manager is hereby authorized to take all steps necessary to implement the above-mentioned contract.
PASSED AND ADOPTED this 21st day of April 2026, by the following vote:
AYES: MEMBERS: MOY/BERTANI/CARR/PANDURO/SANDHU/TONNESEN/WILLIAMS NOES: MEMBERS: _________________________________________________ ABSENT: MEMBERS: _________________________________________________ ABSTAIN: MEMBERS: _________________________________________________
_________________________________________________
MAYOR
ATTEST:
___________________________
CITY CLERK
AGREEMENT FOR CONSTRUCTION CONTRACT SERVICES
BETWEEN THE CITY OF FAIRFIELD AND
WESTNET, LLC.
FOR
INSTALLATION OF A FIRE ALERTING SYSTEM
THIS AGREEMENT is made and entered into on the date last written below, by and between the CITY OF FAIRFIELD, a municipal corporation (hereinafter "CITY"), and Westnet, LLC., a Delaware limited liability company, (hereinafter “CONTRACTOR”).
R E C I T A L S
The purpose for which this AGREEMENT is made, all pertinent recitals are listed on EXHIBIT 1, entitled "RECITALS", which is attached hereto and incorporated herein.
THE PARTIES HEREBY AGREE AS FOLLOWS:
SECTION 1. SCOPE OF SERVICES.
CONTRACTOR shall perform those services specified in detail in EXHIBIT 2, entitled "SCOPE OF SERVICES", which is attached hereto and incorporated herein.
SECTION 2. TERM OF AGREEMENT.
The term of this AGREEMENT shall be from (check one):
the date of this AGREEMENT last written below to March 15, 2027, inclusive, subject to the provisions of SECTION 11 of this AGREEMENT. to , inclusive, subject to the provisions of SECTION 11 of this AGREEMENT.
SECTION 3. SCHEDULE OF PERFORMANCE.
The services of CONTRACTOR are to be completed according to the schedule set out in EXHIBIT 3, entitled "SCHEDULE OF PERFORMANCE", which is attached hereto and incorporated herein. Time is of the essence in this AGREEMENT.
SECTION 4. COMPENSATION.
The compensation to be paid to CONTRACTOR, including both payment for professional services and reimbursable expenses, shall not exceed FOUR HUNDRED SEVENTEEN THOUSAND NINE HUNDRED SEVENTY-SEVEN AND SIXTY-FOUR CENTS ($417,977.64). The rate and schedule of payment are set out in EXHIBIT 4, entitled "COMPENSATION", which is attached hereto and incorporated herein.
SECTION 5. METHOD OF PAYMENT.
Consistent with the completion of the Project Milestones and corresponding Payment Schedule, both of which are set forth in Exhibit D to CONTRACTOR’s Proposal, attached hereto at Exhibit 2-1 and hereby expressly incorporated by reference, CONTRACTOR shall furnish to CITY a statement of the work performed for compensation for the applicable Project Milestone. Such statement shall also include a detailed record of the Project Milestone’s actual reimbursable expenditures permitted hereunder.
SECTION 6. INDEPENDENT CONTRACTOR.
It is understood and agreed that CONTRACTOR (including CONTRACTOR’s employees), in the performance of the work and services agreed to be performed by CONTRACTOR, shall act as and be an independent contractor and not an agent or employee of CITY; and, as an independent contractor, neither CONTRACTOR nor CONTRACTOR’s employees shall have any rights to retirement benefits or other benefits that accrue to CITY's employees and CONTRACTOR hereby expressly waives any claim it or its employees may have to any such benefits or rights.
SECTION 7. ASSIGNABILITY.
The parties agree that the expertise and experience of CONTRACTOR are material considerations for this AGREEMENT. CONTRACTOR shall not assign or transfer any interest in this AGREEMENT nor the performance of any of CONTRACTOR's obligations hereunder, without the prior written consent of CITY, and any attempt by CONTRACTOR to so assign or transfer this AGREEMENT or any rights, duties or obligations arising hereunder shall be void and of no effect.
SECTION 8. INDEMNIFICATION AND WAIVER OF SUBROGATION.
A. INDEMNITY.
To the fullest extent allowed by law, following City’s acceptance of the work in accordance with the terms of Exhibit E and F of Exhibit 2-1, CONTRACTOR shall indemnify and hold harmless CITY, its officers, officials, employees and volunteers from and against all actions, causes of actions, damages, costs, liabilities, claims, losses, judgments, penalties and expenses of every type and description, including without limitation any fees and/or costs reasonably incurred by CITY, its staff attorneys or contract attorneys and any and all costs, fees and expenses incurred in enforcing this provision (hereafter collectively referred to as “Liabilities”), incurred in Page 93 of 251
connection with any third party claim, including City employees, arising out of or in connection with any negligent act or omission, or other legal fault of CONTRACTOR, its officers, employees, subconsultants, subcontractors or agents in connection with the performance or nonperformance of this AGREEMENT, whether or not CITY accepted or approved any service or work product performed or provided by CONTRACTOR hereunder, and whether or not such Liabilities are litigated, settled or reduced to judgment. In the event that a final decision or judgment allocates liability by determining that any portion of damages awarded is attributable to CITY’s negligence or willful misconduct, CITY shall pay the portion of such Liabilities which is allocated to CITY’s negligence or willful misconduct, provided that CITY shall not be liable for any passive negligence of CITY, its officers, officials, employees and volunteers in reviewing, accepting or approving any service or work product performed or provided by CONTRACTOR.
B. OBLIGATION TO DEFEND.
CONTRACTOR shall, upon CITY’s request, defend with counsel approved by CITY (which approval shall not be unreasonably withheld), at CONTRACTOR’s sole cost and expense, any third party claim pursuant to Section 8(A).
C. INSURANCE POLICIES; TERMINATION.
Acceptance of insurance certificates or endorsements required under EXHIBIT 5 of this AGREEMENT does not relieve CONTRACTOR from liability under this SECTION 8 and shall apply to all damages and claims of every kind suffered, or alleged to have been suffered, by reason of CONTRACTOR’s negligence, misconduct, or other legal fault regardless of whether or not such insurance policies shall have been determined to be applicable to any of such damages or claims for damages. CONTRACTOR’s responsibility for such defense and indemnity obligations shall survive the termination or completion of this AGREEMENT for the full period of time allowed by law.
SECTION 9. INSURANCE REQUIREMENTS.
The defense and indemnification obligations of this AGREEMENT are undertaken in addition to, and shall not in any way be limited by, the insurance obligations contained in this AGREEMENT. CONTRACTOR agrees to have and maintain the policies of insurance set forth in EXHIBIT 5, entitled "INSURANCE", which is attached hereto and incorporated herein. All policies, Page 94 of 251
endorsements, certificates and/or binders shall be subject to approval by CITY’s Risk Management as to form and content. These requirements are subject to amendment or waiver only if so approved in writing by CITY’s Risk Management. CONTRACTOR agrees to provide CITY project manager with a copy of said policies, endorsements, certificates and/or binders before work commences under this AGREEMENT. The policies shall include a waiver of subrogation endorsement by which CONTRACTOR’s insurer agrees to waive all rights of subrogation against CITY, its officers, officials, employees and volunteers for losses arising from work performed by CONTRACTOR for CITY.
SECTION 10. NONDISCRIMINATION.
CONTRACTOR shall not discriminate in any way against any person on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age or sexual orientation in connection with or related to the performance of this AGREEMENT.
SECTION 11. TERMINATION.
A. CITY shall have the right to terminate this AGREEMENT, without cause, by giving not less than thirty (30) days prior written notice of termination.
B. Either Party may terminate this AGREEMENT immediately if the other Party breaches any material provisions of this AGREEMENT and, if curable, fails to cure such breach within thirty (30) days after receipt of written notice of such breach.
C. In accordance with Article XVI, Section 18 of the California Constitution, if in any fiscal year subsequent to the execution of this AGREEMENT, CITY fails to appropriate money for the purpose of funding this AGREEMENT, this AGREEMENT shall terminate, without penalty, effective upon the close of business on the last day of the fiscal year for which funding has been appropriated.
D. CITY's Director of Public Works or his/her authorized designee is authorized to terminate this AGREEMENT on behalf of CITY in accordance with the terms of this AGREEMENT.
E. In the event of termination, CONTRACTOR shall deliver to CITY copies of all reports, documents, and other work performed by CONTRACTOR under this AGREEMENT and,
upon receipt thereof, CITY shall pay CONTRACTOR for the reasonable value of services performed to the date of termination.
SECTION 12. GOVERNING LAW.
CITY and CONTRACTOR agree that the law governing this AGREEMENT shall be that of the State of California.
SECTION 13. COMPLIANCE WITH LAWS.
CONTRACTOR shall comply with all applicable laws, ordinances, codes and regulations of the federal, state and local governments.
SECTION 14. CONFIDENTIAL INFORMATION.
All data, documents, discussions, or other information developed or received by or for CONTRACTOR in the performance of this AGREEMENT are confidential and not to be disclosed to any person except with the prior written permission of CITY, or as required by law.
SECTION 15. OWNERSHIP OF MATERIALS.
All reports, documents or other materials developed or discovered by CONTRACTOR or any other person engaged directly or indirectly by CONTRACTOR to perform the services required hereunder shall be and remain the property of CITY without restriction or limitation upon their use by CITY. CONTRACTOR retain all right, title and interest in any preexisting, or otherwise proprietary, templates, processes, methodologies, concepts, techniques, routines, invention, improvements and/or developments, owned by CONTRACTOR or in which CONTRACTOR (collectively “Pre-Existing Materials”) provided to City in the course of providing the Services. In instances where such Pre-Existing Materials are protected by CONTRACTOR’s copyright, then CITY shall have a personal, unlimited, non-transferable and non-exclusive license under CONTRACTOR’s copyright to such reports, documents, or other materials.
SECTION 16. WAIVER.
CONTRACTOR agrees that waiver by CITY of any breach or violation of any term or condition of this AGREEMENT shall not be deemed to be a waiver of any other term or condition contained herein or a waiver of any subsequent breach or violation of the same or any other term or condition. The acceptance by CITY of the performance of any work or services by CONTRACTOR shall not be deemed to be a waiver of any term or condition of this AGREEMENT. Page 96 of 251
SECTION 17. CONTRACTOR'S BOOKS AND RECORDS.
A. CONTRACTOR shall maintain any and all ledgers, books of account, invoices, vouchers, cancelled checks, and other records or documents evidencing or relating to charges for services, or expenditures and disbursements charged to CITY for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to CONTRACTOR pursuant to this AGREEMENT.
B. CONTRACTOR shall maintain all documents and records which demonstrate performance under this AGREEMENT for a minimum period of three (3) years, or for any longer period required by law, from the date of termination or completion of this AGREEMENT.
C. Any records or documents required to be maintained pursuant to this AGREEMENT shall be made available for inspection or audit, at CITY’s expense, at any time during regular business hours upon fifteen (15) days prior written request by CITY’s City Attorney, City Manager, or a designated representative of either of these officers. Copies of such documents shall be provided to CITY for inspection at City Hall when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records shall be available at CONTRACTOR's address indicated for receipt of notices in this AGREEMENT.
D. Where CITY has reason to a good faith belief, after reasonable due diligence, that such records or documents may be lost or discarded due to dissolution, disbandment or termination of CONTRACTOR's business, CITY may, by written request by any of the above-named officers, require that custody of such records and documents be given to CITY and that such records and documents shall be maintained in City Hall. Access to such records and documents shall be granted to any party authorized by CONTRACTOR, CONTRACTOR's representatives, or CONTRACTOR's successor-in-interest during regular business hours.
SECTION 18. CONFLICT OF INTEREST.
CONTRACTOR shall avoid all conflict of interest or appearance of conflict of interest in the performance of this AGREEMENT.
SECTION 19. SPECIAL PROVISIONS.
Special provisions, if any, to this AGREEMENT are specified in EXHIBIT 6, entitled, "SPECIAL PROVISIONS", which is attached hereto and incorporated herein. Page 97 of 251
SECTION 20. NOTICES.
All notices and other communications required or permitted to be given under this AGREEMENT shall be in writing and shall be personally served or mailed, postage prepaid and addressed to the respective parties as follows:
TO CITY:
City of Fairfield
1000 Webster Street Fairfield, CA 94533
ATTENTION: Ryan Panganiban
TO CONTRACTOR: Westnet, LLC.
15542 Chemical Lane
Huntington Beach, CA 92649
ATTENTION: Coty Sandberg
Notice shall be deemed effective on the date personally delivered or, if mailed, three (3) days after deposit in the mail.
SECTION 21. CLAIMS AGAINST CITY.
In the event any claim or cause of action is brought against CITY by CONTRACTOR, its officers, employees, subconsultants, subcontractors, or agents in connection with the performance or nonperformance or arising out of or in any way connected to this AGREEMENT or the duties and obligations contemplated herein, CONTRACTOR, its officers, employees, subconsultants, subcontractors, or agents must comply with Fairfield Municipal Code (FMC) Chapter 2, Article I, Section 2.3.7, as may be amended from time to time. Any claims arising out of or in any way connected to this AGREEMENT, the performance or non-performance hereof, or the duties and obligations contemplated herein must be presented in writing to CITY no later than six (6) months after the accrual of the cause of action and such claims shall be governed by the provisions of FMC Chapter 2, Article I, Section 2.3.7, as may be amended from time to time. No lawsuit, complaint, or cause of action arising out of or in any way connected with the AGREEMENT, the performance or non-performance hereof, or the duties and obligations contemplated herein may be brought against CITY , or any officer, employee, board, commission, or authority of CITY , until a written claim has been presented to the CITY Council (by and through the CITY Clerk) and has been acted upon or has been deemed to have been rejected by CITY .
SECTION 22. VENUE.
In the event that suit shall be brought by either party to this AGREEMENT, the parties agree that venue shall be exclusively vested in the state courts of the County of Solano or, where otherwise appropriate, exclusively in the United States District Court, Eastern District of California, Sacramento, California.
SECTION 23. INTERPRETATION.
Each party has reviewed this AGREEMENT and any question of doubtful interpretation shall not be resolved by any rule or interpretation providing for interpretation against the drafting party. This AGREEMENT shall be construed as if both parties drafted it. The captions and headings contained herein are for convenience only and shall not affect the meaning or interpretation of this AGREEMENT.
SECTION 24. SIGNATOR’S WARRANTY.
Each party warrants to each other party that he or she is fully authorized and competent to enter into this AGREEMENT in the capacity indicated by his or her signature and agrees to be bound by this AGREEMENT.
SECTION 25. COUNTERPART AND ELECTRONIC SIGNATURE.
As permitted under the U.S. Electronic Signatures in Global and National Commerce (ESIGN) Act of 2000, and the Uniform Electronic Transactions Act (UETA), the parties hereby agree to conduct this transaction by electronic means. This AGREEMENT may be executed through an electronic signature and may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. The parties agree that the electronic signatures appearing on this AGREEMENT are intended by each party using it to have the same force and effect as the use of a manual signature for the purposes of validity, enforceability, and admissibility.
SECTION 26. PRIOR AGREEMENTS AND AMENDMENTS.
This AGREEMENT, including all Exhibits attached hereto, represents the entire understanding of the parties as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered hereunder.
This AGREEMENT may only be modified by a written amendment duly executed by the parties to this AGREEMENT.
WITNESS THE EXECUTION HEREOF on the day and year last written below. “CITY”
CITY OF FAIRFIELD, a municipal corporation
By:____________________________________
David Gassaway, City Manager
Dated: __________________________________
“CONTRACTOR”
Westnet, LLC., a Delaware limited liability company
By: _____________________________________
David Nokes, Chief Executive Officer
Dated: __________________________________
3/25/2026 Page 100 of 251
EXHIBIT 1
RECITALS
WHEREAS, CITY desires to obtain contract services with respect to CONTRACTOR’s First-In Alerting Platform and Alerting System pursuant to the terms of Exhibit 2-1 for City’s Fire Stations 36 and 39; and
WHEREAS, Westnet has the necessary professional expertise and skill to perform such services.
NOW, THEREFORE, the purpose of this AGREEMENT is to retain Westnet as CONTRACTOR to CITY to perform those services specified in SECTION 1 of this AGREEMENT.
EXHIBIT 2
SCOPE OF SERVICES
The services to be provided hereunder are more particularly described in CONTRACTOR’s proposal attached hereto as EXHIBIT 2-1 and incorporated herein by reference (“Proposal”). All modifications and markups to CONTRACTOR’s Proposal are incorporated into this EXHIBIT 2.
References to “Customer” or “Client” in the Proposal shall mean CITY, and references to Westnet shall mean CONTRACTOR.
In the event of any conflict or inconsistency between the provisions of this AGREEMENT and the Proposal, including any limitations of liability, the provisions of this AGREEMENT shall control.
EXHIBIT 2-1
Statement Of Work For First-In Alerting System
Installation At Fairfield Fire Stations #36 and #39
Westnet, LLC.
Huntington Beach, CA 92649
(800) 807-1700
www.FirstInAlerting.com
SOW FOR FIRST-IN ALERTING SYSTEM INSTALLATION FOR FAIRFIELD FIRE STATIONS #36 & #39 Page 1
PROJECT OVERVIEW:
The purpose of this project is for the providing and installing of Westnet First-In® Fire Station Alerting System (System). The parties to this project are: Westnet LLC. (Westnet or “Contractor” ) as the provider, installer, and implementer of the system and Fairfield Fire Department, as the “Customer.” Upon receipt of a properly formatted alert from the Customer's CAD, the System will utilize the Customer's network and radio system to activate the Westnet Systems in the Customer Fire Stations. Depending upon Station relays and interfaces, the various First-In Smart Station Units (Units) and/or other non-Smart Station units, if implemented (i.e., Customer's public address system, traffic lights, stove, etc.) will emit an audible and/or visual indication of an incoming alert from Dispatch.
EXHIBITS:
The Exhibits listed below are incorporated into and made a part of the Contract. In interpreting these Exhibits any inconsistency between the Exhibits will be resolved in the order in which they are listed.
Exhibit A Delivery and Installation Verification Forms
Exhibit B Warranty
Exhibit C Contract Price and Deliverables
Exhibit D Payment Schedule
Exhibit E Acceptance Test Plan
Exhibit F Final System Acceptance Certificate
Exhibit G Maintenance and Support Statement of Work
PROJECT SCHEDULE :
The estimated project timeline starts upon Westnet’s acceptance of the Customer’s purchase order which includes by reference this Statement of Work. The timeline for completion is ninety (90) days from the later of the accepted Purchase Order or Westnet’s receipt of all programming information necessary to deliver the System. Factors that may expedite or delay this schedule include: each party completing their respective tasks, the technical assistance or items provided by Customer third parties (i.e., CAD vendor) and successful completion of a project milestone.
Customer acknowledges that the system to be provided is highly customized and the result of significant resources in the design, manufacturing, programming, and shipping processes. Should Customer, after authorizing Westnet to proceed with this project, decide to cancel the project, the Customer will remain liable for all special engineering services, project coordination charges, licensed software, computers, and the cost of any Smart Station equipment already designed or programmed as of the time of the cancellation, without regard to whether that equipment was already shipped or delivered.
CHANGE ORDERS:
No changes to this SOW that result in additional charges will be implemented without an approved written Change Order executed by both parties.
WESTNET TO PROVIDE:
1. The Deliverables as listed in Exhibit C.
2. Installation of the Deliverables, which includes installation and testing of the new station cabling.
3. Participation in on-site acceptance testing as listed in Exhibit E.
4. A Westnet Representative at the conclusion of the installation to certify the installation and provide operator training. Operating training will take place during a single mobilization at the conclusion of station installation and consist of one (1) class per fire station.
SOW FOR FIRST-IN ALERTING SYSTEM INSTALLATION FOR FAIRFIELD FIRE STATIONS #36 & #39 Page 2
5. Project management and coordination with Customer technical staff on system configuration.
6. A one (1) year warranty per Exhibit B. The warranty and technical support period commence upon completion of the Acceptance Testing Plan.
7. As-built drawings depicting the Westnet equipment in the fire station(s).
CUSTOMER TO PROVIDE:
1. Bonding information for the complete project, as well as financial information.
2. Complete and return to Westnet all RFI documents and provide written approval of a completed Voice Track Configuration Sheet thirty (30) days prior to scheduled equipment shipment. Project completion is dependent upon the timely receipt of completed ZIRDs (Zone, Incident, Response, and District level announcements) and Pre-Alert Tones.
3. Prior to Westnet mobilization, a Westnet -approved VPN or IP connection for remote system adjustments, maintenance, troubleshooting and updates shall be verified at each station where installation is to be completed. Additional IP addresses will be required for the following:
• It is estimated that the System will need one (1) additional IP address for maintenance purposes.
• One additional IP address will be required for each station’s Master Control Unit (MCU). • Additional IP addresses will be required if the station has Alerting and/or Mapping Endpoints.
4. The Customer’s IT Dispatch personnel will need to work with Westnet to identify the ports that need to be opened to communicate with the MCU.
5. Removal or disposal of any existing equipment.
6. Rough-in of boxes and any conduit required by the electrical code or Customer.
7. Confirmation that all rough-in is complete prior to scheduling installation of the System.
8. Existing amplifier or speaker troubleshooting, repair or replacement.
9. Any interfaces in Dispatch (i.e., CAD or radio console) or licenses to other dispatcher centers.
10. Locked storage for the equipment. The Customer will bear the risk of loss on the equipment once it has been delivered to the Customer or has been permanently affixed to the fire station. The Customer’s Project Manager will inspect the equipment as each Station’s equipment is delivered and will execute the Delivery Verification Form in Exhibit A-1.
11. All antivirus and operating system updates for any Dispatch or station computers supplied for or used in this project. The Customer will need to schedule the updates with Westnet in order to minimize system interruption.
12. Provide a minimum of five (5) business day notice to the Westnet Project Manager or Westnet’s Installation Company should the Customer need to postpone the scheduled installation or any project- related visits. Remobilization charges may apply if the Custom er has not provided all items listed in this Statement of Work prior to the scheduled installation and if Westnet is unable to reasonably continue work at another Customer location.
13. One (1) unused electrical wall outlet for each UPS, Appliance and Systems Interface Unit, flat panel display, Server, and Messenger. Westnet highly recommends using wall outlets that are part of the generator back-up supplied power system.
SOW FOR FIRST-IN ALERTING SYSTEM INSTALLATION FOR FAIRFIELD FIRE STATIONS #36 & #39 Page 3
14. All wiring to and from the Control Remote. Westnet installation does not include any wiring for devices connected to the Control Remote.
15. Adequate space to install the System. If the Customer desires the System to be installed in a rack, a First-In Rack Mount Kit and other accessories will be required. The Master Control Unit (MCU), Power Module and UPS must not be more than six (6) feet fro m the fire station radio(s), the network switch and a 110-volt outlet.
16. Provide the radio equipment necessary for integration. The installed radio equipment includes, but is not limited to, a properly operating radio, installed outside antenna and feedline, and a lightning arrestor with a five -ohm earth ground circuit connecte d to the radio antenna lightning suppressing circuit. The radio must produce an acceptable level of signaling, as well as an acceptable level of Dispatch voice audio. An acceptable level of signaling shall be a fixed line level output of 500 millivolts peak-to-peak of Dispatch audio and alerting data (e.g., DTMF, P25, Digital, 2-tone sequential, etc.).
17. Access for Westnet to install, at its discretion, a Westnet -owned Performance Monitoring Computer in Dispatch. The computer is used to administer technical support and maintenance services. The computer will be returned to Westnet at the conclusion of the warranty and/or maintenance period.
18. If permits are required, the Customer will provide electronic drawings of the station. These drawings must be capable of being edited and used for the permit process. Unless otherwise listed as a Deliverable, a separate fee will be assessed for permit fees and related time and expenses.
19. The supply or install of any conduit work, power receptacles, shunt trip circuit breakers, coils for the kitchen appliances, gas solenoid, power contactors, any wiring in excess of 24 -volts, bond fees, or any other work and/or materials not specifically included or listed herein.
20. A Customer provided analog paging port to the station’s phone switch which will interface with the Telephone Interface Module to provide in -house/intercom paging over the newly installed System speakers. If the station has VoIP telephone system, the Customer shall provide an analog telephone adapter (ATA) that will include Caller Party Control and assign an extension for in -house paging.
21. The Appliance and Systems Interface Unit (SS-SAIU-10), if applicable, will only control a gas solenoid valve rated at 120 volts. Westnet tested and accepted natural gas valve is the ASCO Red Hat Normally Closed gas valve.
Normally closed means that the valve will flow gas when the 120-volt power is applied to the gas valve control coil. When the fire station is in an alerted mode, the SS-SAIU-10 removes the 120-volt power from the gas control coil and the gas valve closes shutting off the flow of natural gas to the appliances.
This is accomplished using a 24V to 120v relay that is provided and installed by Westnet. The SS - SAIU-10 requires a 120V dedicated circuit located in accessible area and is to be installed by a licensed electrician. The Westnet tested ASCO Red Hat valve is part number 8214G030, used on a ¾” pipe, and must be furnished and installed by others. They are not to be mounted outside as they are not rated as weatherproof. The solenoid must be installed in a v entilated area and by a licensed plumber.
Each additional electrical appliance(s) and/or fixture(s), to be controlled by the SS-SAIU-10, requires a customer provided, 50 Amp (Minimum), 600V, 24VAC Coil, continuous-duty contactor to be installed by a licensed electrician. The SS-SAIU-10 must be in stalled on a dedicated circuit (supplied and installed by others).
Appliances utilizing the SS-SAIU-10 must utilize an electric pilot ignitor. If the stove has an automatic ignitor, Westnet will need to have this connection in place at the relay location described above. This will also connect to the relay on a second input using the same relay.
22. Provide Westnet with any other support to ensure successful installation and integration of the alerting Systems.
SOW FOR FIRST-IN ALERTING SYSTEM INSTALLATION FOR FAIRFIELD FIRE STATIONS #36 & #39 Page 4
DEPENDENCIES AND ASSUMPTIONS:
1. The Customer will obtain any required installation approval of the Historical Society or other agencies having jurisdiction over installing/relocating equipment in the Fire Stations. The Customer agrees to pay the permit fees if any.
2. The number of contact closures in a Control Remote will not exceed eight (8). Stations requiring more zones or contact closures will require an additional Control Remote. There is no physical limit to the number of Control Remotes that can be installed in a station. Westnet will not do any high -voltage wiring. Customer
3. Alerting Equipment Tone, Voice or Programming Changes: Any changes in the wording or tones of the voice announcements or reprogramming to any units once the Customer has signed the System Configuration Form may be billable to the Customer.
4. If during the installation process, Westnet suspects or encounters asbestos or other hazards, Westnet will inform the Customer. Westnet will use its best efforts to utilize alternate installation methods but will not drill any holes or disturb the asbestos in the related area. Westnet shall have no liability to the Customer, its employees or to any other persons for any asbestos-related claims, including, without limitation, removal or cleanup costs, loss of use, lost profits or personal injury or property damage.
5. Westnet will use their best efforts to conceal all wiring. However, due to station construction or other installation limitations (i.e., the possibility of asbestos, inaccessibility), certain cables and raceways may need to be surface-mounted or devices relocated to a more practical location. Westnet understands that the term “optimal” is subjective. Although Westnet will attempt to place the equipment in the Customer’s desired locations, Westnet reserves the right to place the equipment in the safest and most beneficial location for system performance.
6. Any issue affecting the installation such as corrections or repairs, discrepancies among Customer personnel regarding the placement, mounting methods or other installation matters, must be resolved within twenty-four (24) hours while Westnet personnel is o n-site. If such resolution does not occur, Westnet may bill the Customer and Customer agrees to pay for any standby time until such discrepancy is resolved.
EXCLUSIONS:
Unless specifically stated otherwise, the following items are excluded from the goods and services to be provided by Westnet:
1. Any equipment not listed in the Contract Deliverables Schedule (Exhibit C), including, but not limited to, access doors and hatches.
2. Spare/loaner equipment unless an on-site warranty is purchased.
3. Westnet does not warranty equipment provided under this Statement of Work should a party other than Westnet or Westnet’s installation subcontractor or Westnet trained installer install or integrate any non-Westnet equipment into the alerting or dispatch sy stems. An exception to this is the CAD interface and Customer’s radio system.
4. Westnet and/or any Westnet -supplied equipment will not make a recommendation as to which apparatus or personnel assigned to an emergency call. Rather, Dispatch personnel, the CAD and/or any other Customer mechanism are responsible for equipment and personnel assignment.
5. The Customer will be notified of any non -functioning Customer equipment. Westnet's proposal does not include repair or replacement of any Customer -owned systems. If a station’s public address,
SOW FOR FIRST-IN ALERTING SYSTEM INSTALLATION FOR FAIRFIELD FIRE STATIONS #36 & #39 Page 5 lighting, or any other existing systems to be tied into the alerting system are not functioning properly, the Customer will need to repair those items.
6. Westnet's pricing does not include any new circuits, breakers or upgrades to the electrical system or wiring to the emergency panel or generator.
7. Aesthetic restoration of installation areas (e.g., color/texture matching), of ceilings, walls, or conduit runs, beyond what Westnet determines is commercially viable.
8. Taxes and Permit Fees: Unless specifically included in Exhibit C, the Contract Price excludes federal, state, or local sales, use, or other taxes (other than federal, state, and local taxes based on Westnet's income or net worth), all of which will be paid by Customer except as exempt by law. Any increases in any tax rate as listed in the Contract shall be reimbursed by the Customer.
9. The Customer agrees to pay or reimburse Westnet plus overhead for all permit fees, fees by others, time expended in drafting and submittal of permits, and related expenses unless specifically listed and at the amount in Exhibit C. If permits are required, Customer agrees to pay for permit fees (plus overhead or carrying costs), permitting costs, permit expediting fees, as well as additional project management fees.
SOW FOR FIRST-IN ALERTING SYSTEM INSTALLATION FOR FAIRFIELD FIRE STATIONS #36 & #39 Page 6 EXHIBIT A-1
DELIVERY VERIFICATION FORM*
First-In Fire Station Alerting Equipment
The signature below serves as verification that the boxes with equipment listed for Station ______ in Exhibit C were delivered with no apparent damage.
____________________________________ _________________ Customer Representative Date
____________________________________
Printed Name & Title
(For partial deliveries, the following form shall be used.)
The signature below serves as verification that the following boxes with equipment listed for Station ______ in Exhibit C were delivered with apparent damage:
1. _______________________ 3. _______________________
2. _______________________ 4. _______________________
____________________________________ _________________ Customer Representative Date
____________________________________
Printed Name & Title
* Print and execute one copy of this form for each station.
SOW FOR FIRST-IN ALERTING SYSTEM INSTALLATION FOR FAIRFIELD FIRE STATIONS #36 & #39 Page 7 EXHIBIT A-2
INSTALLATION VERIFICATION FORM*
The signature below serves as verification that the Fire Station Alerting Equipment enumerated in Exhibit C, plus or minus the following mutually agreed upon changes, has been installed in a commercially reasonable manner and functions properly in the System Test Mode. Any punch-list items will be resolved prior to final System Acceptance.
A check in this box means that no equipment changes were made, and that the only equipment installed at the Fire Station is that which is listed in Exhibit C. A check in this box means the following mutually agreed upon changes have been installed.
1. __________________________ 6. __________________________
2. __________________________ 7. __________________________
3. __________________________ 8. __________________________
4. __________________________ 9. __________________________
5. __________________________ 10. _________________________
____________________________________ _________________ Customer Representative Date
____________________________________
Printed Name & Title
*Print and execute one copy of this form for each station.
SOW FOR FIRST-IN ALERTING SYSTEM INSTALLATION FOR FAIRFIELD FIRE STATIONS #36 & #39 Page 8
EXHIBIT B
WESTNET, LLC.
STANDARD LIMITED WARRANTY
Westnet, LLC. (“Westnet’) is providing its Standard Limited Warranty (“Limited Warranty”) covering the First - In™ products, parts, components, software and systems purchased by Customer (collectively, the “Product”).
If Westnet, or an authorized Westnet subcontractor performs the installation, such installation service will be deemed to be part of the Product for the purposes of this Limited Warranty.
Warranty Commencement Date: When Westnet, or an authorized Westnet subcontractor, installs the Product, this Warranty shall commence upon the (1) first beneficial use of the Product by Customer, or (2) when installation is complete, whichever occurs first. In all other instances, this warranty commences upon delivery. This Limited Warranty is not extended if Westnet repairs or replaces the Product.
Scope of Warranty: Westnet warrants exclusively to the Customer that the Product will be free from defects in material and workmanship for a period of one (1) year from the Warranty Commencement Date. Westnet will perform all warranty work at its service location only, unles s Westnet agrees, in its sole discretion, to perform at Customer’s location. Customer's exclusive remedy for any breach of this Limited Warranty will be either (1) the repair or replacement, at Westnet's option, of the non -conforming Product, or (2) at Westnet’s sole discretion, reimburse Customer the purchase price paid by Customer for the Product, provided Customer has returned the Product to Westnet. Repairs may be made with either new or reconditioned components and will be shipped to the Customer at the expense of Westnet. Any replaced Product becomes the property of Westnet.
Limitations/Exclusions: This Limited Warranty applies only if Westnet confirms that the alleged defect or non-conformance exists and was not caused by Customer’s or any third person’s misuse, negligence, improper installation or testing, or unauthorized attempts to open, repair or modify the Product, or by accident, fire, water, lightning, power cuts or outages, power or telephone line transients, viruses, other hazards, or acts of God, or by any other cause beyond the range of intended use in accordance w ith the Product's normal usage and Westnet’s published instructions. This Limited Warranty does not cover the following: (1) Any parts and cabling used in the installation of a Product unless Westnet or an authorized Westnet subcontractor (and not Customer or a third party installation company) performs the complete installation, (2) Physical damage to the surface of the Product after its delivery to Customer, including cracks or scratches on the LCD or outside casing, (3) When the malfunction results fr om the use of this Product in conjunction with other products, or ancillary or peripheral equipment, and Westnet determines there is no fault with the Product itself, (4) Any defect or malfunction of the Product due to any communications software or device Customer may use with the Product, (5) Any damages to or defects in the delivered Products that are observable in a reasonable visual inspection unless a Claim is made in writing to Westnet within thirty (30) days after the date of delivery. This Limited Warranty does not cover loss or damage of any kind resulting from any delay in delivery.
EXCEPT FOR THIS EXPRESS LIMITED WARRANTY AND WESTNET'S STATUTORY WARRANTY OF
GOOD TITLE, WESTNET MAKES NO WARRANTIES OR REPRESENTATIONS, EITHER EXPRESS OR
IMPLIED, STATUTORY OR OTHERWISE, REGARDING THE PRODUCT COVERED HEREBY, AND
EXPRESSLY DISCLAIMS THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, SATISFACTORY QUALITY, CORRESPONDENCE WITH DESCRIPTION , OR (SUBJECT TO THE INFRINGEMENT PARAGRAPH SET FORTH HEREIN) NONINFRINGEMENT OF PATENTS OR OTHER PROPRIETARY RIGHTS. NO EMPLOYEE, AG ENT OR REPRESENTATIVE OF
WESTNET IS AUTHORIZED TO MAKE ANY REPRESENTATION OR WARRANTY ON BEHALF OF WESTNET RELATING TO THE PRODUCTS EXCEPT TO THE EXTENT SPECIFICALLY STATED HEREIN.
WESTNET NEITHER ASSUMES NOR AUTHORIZES ANY OTHER PERSON TO ASSUME FOR IT AN Y
OTHER LIABILITY IN CONNECTION WITH THE SALE, INSTALLATION, MAINTENANCE OR USE OF THE PRODUCTS.
Warranty Claims: In order to make a Claim under this Limited Warranty, the Customer must first notify Westnet in writing not more than one (1) year after the Warranty Commencement Date. Notice must be sent
SOW FOR FIRST-IN ALERTING SYSTEM INSTALLATION FOR FAIRFIELD FIRE STATIONS #36 & #39 Page 9 to: Westnet, Attention Warranty Department, 15542 Chemical Lane, Huntington Beach, California 92649
or can be faxed to (714) 901-5610. Inquiries regarding this Limited Warranty can also be directed by phone to (714) 548-3500.
Upon receipt of written notice, Westnet will first, at its option and expense, inspect the Product in its installed location. Unless otherwise waived by Westnet in writing, Customer must return the alleged non -conforming Product to Westnet’s designated ser vice center. Customer shall be responsible for all expenses associated with the transportation to/from Westnet’s designated service center. Westnet shall not be liable for any damage incurred in the transportation of the Product to/from Westnet’s designated service center.
LIMITATION OF LIABILITY: IN NO EVENT SHALL WESTNET, ITS OFFICERS, DIRECTORS, EMPLOYEES,
AGENTS OR SUBCONTRACTORS, BE LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR ANY
INCIDENTAL, SPECIAL, INDIRECT, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF USE, LOSS OF DATA OR LOSS OF GOODWILL) COST OF CAPITOL OR COST OF COVER ARISING OUT OF OR RELATING TO CUSTOMER’S SELECTION,
ORDERING, DELIVERY, PURCHASE, USE, RESALE OR DISTRIBUTION OF THE PRODUCT, EVEN IF WESTNET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
AGGREGATE LIABILITY: TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE
TOTAL AGGREGATE LIABILITY OF WESTNET, ITS OFFICERS, DIRECTORS, SHAREHOLDERS,
EMPLOYEES, AGENTS, OR SUBCONTRACTORS, ARISING FROM, RELATING TO, OR CONNECTED WITH THE PRODUCT, EXCEED THE PURCHASE PRICE OF THE PRODUCT. IT IS INTENDED THAT THIS
LIMITATION WILL APPLY TO ANY AND ALL LIABILITY OR CAUSE OF ACTION, EXCEPT FOR THAT
PROVIDED FOR IN THE INFRINGEMENT PARAGRAPH SET FORTH HEREIN , HOWEVER ALLEGED OR ARISING.
INFRINGEMENT. Westnet agrees to defend Customer and to pay (1) any damages award issued by a court of competent jurisdiction against Customer, and (2) direct expenses, including reasonable attorneys' fees (but excluding any lost revenues, lost profits or other conseque ntial economic damages of Customer) as a result of any action brought against Customer, if and to the extent the action is based on a valid claim that any Product purchased by Customer under this Agreement infringes another person's U.S. patent, copyright, trade secret or trademark. Westnet will not have liability for, and Customer will defend Westnet against, and pay any damages awarded against Westnet and direct expenses, including reasonable attorneys' fees (but excluding any lost revenues, lost profits or other consequential economic damages of Westnet) to the extent the claimed infringement is based on or results in any material part from (a) any use of the Product other than in accordance with Westnet’s published instructions, (b) any unauthorized modi fication or alteration of the Product, (c) any combination or use of the Product with any other product or system or technologies not supplied by Westnet; (d) Westnet's compliance with Customer's design or specifications, or (d) any refusal to accept or us e suitable modified or replacement Products provided by Westnet to avoid infringement.
Westnet's obligations under this paragraph will be conditioned upon Customer promptly notifying Westnet in writing of the existence of any such claim, giving Westnet full authority to conduct the defense and settlement of the claim, at Westnet's expense and with counsel of Westnet's selection, and cooperating fully with Westnet and such counsel.
This Limited Warranty will be governed by the laws of the State of California, U.S.A., excluding their conflicts of laws principles. The United Nations Convention of Contracts for the International Sale of Goods is hereby excluded in its entirety from application to this Limited Warranty.
SOW FOR FIRST-IN ALERTING SYSTEM INSTALLATION FOR FAIRFIELD FIRE STATIONS #36 & #39 Page 10
EXHIBIT C
CONTRACT PRICE AND DELIVERABLES
Quote ID Name Price
Q-09738-P6Z1 Fairfield Fire Station #36 First-In Alerting Smart Station System $208,988.82 Q-09760-Z7M9 Fairfield Fire Station #39 First-In Alerting Smart Station System $208,988.82
SOW FOR FIRST-IN ALERTING SYSTEM INSTALLATION FOR FAIRFIELD FIRE STATIONS #36 & #39 Page 11
EXHIBIT D
Payment Schedule
Description Total Project
Fairfield Fire Station #36 First-In Alerting Smart Station System
$208,988.82
Fairfield Fire Station #39 First-In Alerting Smart Station System $208,988.82
Quote ID Name Milestone
1 Milestone
2 Milestone
3 Milestone
4 Price
Q-09738-P6Z1 Fire Station #36 30% 30% 30% 10% $208,988.82 Q-09760-Z7M9 Fire Station #39 30% 30% 30% 10% $208,988.82 Total $ 417,977.64
Note: Project milestones above are defined as follows with the percentage shown being the percentage of the Price that is invoiced at each milestone.
Milestone # Project Milestone Reference Exhibit 1 Contract Signature n/a
2 Due Upon Delivery Exhibit A-1
3 Due Upon Installation Exhibit A-2
4 Due Upon Final Acceptance Exhibit F
If payment is not received within thirty (30) days from the date of invoice, a late fee of one and a half percent (1.5%) per month of the unpaid balance will be charged and immediately
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EXHIBIT E
ACCEPTANCE TEST PLAN
OBJECTIVE: The purpose of completing this Acceptance Test Plan is to achieve “System Acceptance” by demonstrating to the Customer that the installed fire station alerting system (“System”) equipment is operational and properly performs the function specified herein. Upon successful execution of this ATP, the System will have achieved “System Acceptance.” Minor omissions or variances in the System that do not materially impair the operation of the System as a whole will not postpone System Acceptance but will be corrected according to a mutually agreed upon schedule. In the event that a part of the System does not pass the ATP, the Sy stem will be re -tested when Westnet determines that a corrective action has been taken to ensure proper operation. Final System Acceptance will occur after System Acceptance and when all deliverables and other work have been completed. When Final System Ac ceptance occurs, the parties will promptly memorialize this final event by so indicating on the Final System Acceptance Certificate.
SCOPE: The scope of this ATP is limited to the System supplied by Westnet, LLC. It does not include any other equipment or systems upon which the alerting system, once in use, relies for proper activation and function (i.e., the Customer’s CAD, radio, network and/or electrical systems). The failure or unavailability of these other systems during the ATP shall not affect the outcome of this ATP, nor shall it affect the System Acceptance and subsequent Final System Acceptance of the System.
TEST SCHEDULE: Westnet and the Customer will conduct the ATP at a mutually agreed -upon time and date once Westnet informs the Customer that the System is ready for acceptance testing.
FIRE STATION METHODOLOGY: The ATP will test devices that, operationally, are activated by Dispatch, as well as devices that are not activated by Dispatch, but rather the fire station crew.
1. Data / Network Activation Operation - This section tests/simulates a test of a network -based alert of the station from Dispatch. Data sequences assigned to the fire station zones shall be applied to the Ethernet port of the Master Control Unit using the Alerting Platform or a computer equipped with the First-In API. The alerting response from the alerting system shall announce the s pecific unit(s) associated with the alerted and audio distribution shall activate all areas associated with the zone alerted. Once the zone is activated, the pre-announcement will announce the units alerted, nature of the call, and other preannouncement information detailed in the ZIR signoff sheet. After the preannouncement is complete, the dispatch audio will be heard throughout the station speakers.
2. Radio Activation Operation – This section tests a radio-activated alert of the station from Dispatch, more specifically the Radio Interface Controller (RIC)'s activation of a station's Master Control Unit (MCU). This test will utilize First-In RIC’s alert signaling on the Customer’s radio system.
A. Test of All -Call. This test will activate the "All -Call" zone in every station. Successful performance of this test requires All -Call activation f rom the Alerting Platform User Application, as well as All -Call activation from the manual RIC keypad. Once the zone is activated, the pre-announcement will announce the All-Call message and the dispatch audio is heard throughout the station speakers.
Pass
N/A
Fail
Notes:
Pass
N/A
Fail
Notes:
SOW FOR FIRST-IN ALERTING SYSTEM INSTALLATION FOR FAIRFIELD FIRE STATIONS #36 & #39 Page 13
B. Test of Specific Zones in a Designated Station. This test will activate a specific zone (i.e., Engine) in a Designated Station. Step 1 of this test requires the proper station to be activated both from the Alerting Platform User Application, as well as the manual RIC keypad. Step 2 of this test requires that the specific zone selected be activated. Once the zone is activated, the pre-announcement will announce unit(s) assigned to the call and the dispatch audio is heard throughout the station speakers.
3. Turnout Timer Operation - This section tests the activation of the Turnout Timer(s). Upon activation of the Master Control Unit, the Timer(s) will begin to count up on a per -second basis. The Timer(s) will continue to count up and will automatically shut down when the Master Control Unit sends the shutdown command to the station.
4. Automatic Backup Alerting - This section tests the automatic failover from the IP system to the RIC for a radio -based alert. The RIC shall automatically be activated from the First -In Alerting Platform (FiAP) as soon as the FiAP detects that the primary alert was not successful. Without any action required on the part of the dispatcher, the RIC will send the alert to the proper stat ion and units assigned to the call.
5. Manual Backup Alerting - Using the manual keypad of the RIC, the Customer selects the station and units to activate in the selected fire station. The station MCU activates the appropriate station and unit(s).
____________________________________ _________________ Customer Representative Date
____________________________________
Printed Name & Title
Pass
N/A
Fail
Notes:
Pass
N/A
Fail
Notes:
Pass
N/A
Fail
Notes:
Pass
N/A
Fail
Notes:
SOW FOR FIRST-IN ALERTING SYSTEM INSTALLATION FOR FAIRFIELD FIRE STATIONS #36 & #39 Page 14
EXHIBIT F
FINAL SYSTEM ACCEPTANCE CERTIFICATE
The signature below serves as verification that the System has passed the Acceptance Test Plan and that all deliverables and work have been completed.
____________________________________ _________________ Customer Representative Date
____________________________________
Printed Name & Title
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EXHIBIT G
MAINTENANCE AND SUPPORT
STATEMENT OF WORK
1. SCOPE OF SERVICES
Westnet will provide comprehensive turnkey maintenance and support services for the installed First -In Fire Station Alerting System, ensuring all components are operating at peak performance in accordance with factory specifications in effect at the time the equipment was purc hased. The Services to be provided under this agreement include the following:
• One year, 24/7 toll-free technical support
• Repair and/or replacement of malfunctioning units (except UPS) • Spare equipment delivered the next business day (and Saturdays where available) • Remote diagnostic analysis and uploads, standard release software upgrades
2. RESPONSE TIMES
Response times shall be determined in accordance with the Priority Level and Descriptions set forth in the following table where applicable. The response time shall commence from the time the Customer requests service or notifies Westnet of problems with t he System by contacting Westnet’s Call Center (“Notification”).
Issue resolution may include phone support, VPN remote access, or on-site service (for issues not resolved via phone support or remote access). On-site times are calculated by after remote attempts to correct the issue are deemed unsuccessful or unavailable by Westnet. Lack of or unavailability of a Customer -supplied VPN connection to any station or the dispatch center shall be considered the Customer’s waiver of any response time obligation for that particular issue.
Westnet Technical Support: (800) 807-1700
Office Hours: 8:00 – 5:00 PST, Monday – Friday
Priority
Levels Hours / Days Description
1 24/7/365
Including
Holidays
3-6 Hour
Response
This priority level represents a significant issue that results in the inability to use the dispatching and/or alerting systems.
• Any reported trouble with Westnet-supplied Dispatch (System) Project Equipment.
• Station reports that it is not receiving any form of an alert or there is no audio in any areas of the fire station.
• Other failures that render the fire station MCU and more than five audio transmitting devices unusable.
2 8:00 – 5:00
PST, Monday –
Friday
2-Business-
Day Response
This priority level represents a moderate issue that restricts normal use of the dispatching and/or alerting systems.
• Any non-essential Dispatch Project or Fire Station device reported inoperable. • Reports on receiving other stations or companies’ alerts. • Requests to increase fire station volume levels within fire department- approved parameters.
SOW FOR FIRST-IN ALERTING SYSTEM INSTALLATION FOR FAIRFIELD FIRE STATIONS #36 & #39 Page 16 3 8:00 – 5:00
PST, Monday –
Friday
3-Business-
Day Response
This priority level represents minor or non-emergency issues that do not restrict normal use of the dispatching and/or station alerting systems.
• Requests to decrease volume levels within fire department-approved Parameters.
• Add additional equipment, request programming, or voice-chip changes. • Requests for additional training.
• Other non-mission-critical matters in the dispatch centers or fire stations.
3. WESTNET’S RESPONSIBILITIES
Westnet shall:
A. Provide Westnet-owned spare equipment while a System component is returned to Westnet for repair or replacement.
1. Any Westnet-owned spare equipment parts provided under this Agreement are the property of Westnet. Any damage to Westnet’s spare equipment parts is not covered under this Scope of Services and the Customer shall pay for the repair or replacement of the spare equipment parts.
2. Westnet may service replaceable parts, by way of new or remanufactured replacement parts to Customer on an exchange basis. Upon receipt by the Customer of the replacement part, the original part becomes the property of Westnet, and shall be returned by the Custom er to Westnet. The Customer shall pay Westnet the full retail value of the replacement part if Westnet provides notice to the Customer to return the original part and Westnet does not receive the original part within thirty (30) days after replacement part installation.
B. Upon request, Westnet shall provide a written quote for additional work not specifically identified in this Agreement. Such work could include, but is not limited to, additions and installation of new equipment, relocation of existing equipment, upgrades (not part of Westnet standard releases) and enhancements, and other system related goods and services. If the Customer decides to proceed with the work, a new purchase order will be issued exclusively for the work to be ordered.
4. CUSTOMER’S RESPONSIBILITIES
The Customer shall at all times or upon request:
A. Make no modifications to the System without obtaining approval from Westnet in writing.
B. Notify Westnet of any problems with the System by calling the Westnet Systems Group at 1-800-807- 1700 (Westnet’s call center).
C. Provide and maintain an operating 24/7 VPN with IP access to the stations for the duration of the Agreement. The VPN shall allow Westnet to connect to all fire stations that are equipped with the First-In Fire Station Alerting (First-In) equipment. The VPN must be operating and the Customer must allow Westnet to test the VPN prior to the commencement of this Agreement.
D. Ensure that the Westnet monitor computer in the Dispatch Center (if provided) has 24/7 access to the VPN and to all Customer fire stations. The Customer will return the Westnet monitor computer to Westnet at the conclusion of this Agreement and any additional extensions.
E. Provide the make and model number of the fire station radio the System is connected to for the source of dispatch audio. If there are any connections to this radio other than the outside antenna and the power source, the Customer will provide a diagram showing the method of connection, connector pins used, signals obtained from the radio and signals sent to the radio by the fire station equipment.
SOW FOR FIRST-IN ALERTING SYSTEM INSTALLATION FOR FAIRFIELD FIRE STATIONS #36 & #39 Page 17 F. Provide the name, 24 -hour telephone number and position of the responsible party that can be contacted about each station’s radio communication, public address, CAD, and network equipment.
G. Provide Westnet with either code-access to the stations or an escort that is available 24/7 and within one (1) hour of notice of an on -site visit. If training, badges or background checks are required any time during the term, Customer agrees to pay for such costs.
H. If applicable, provide the make and model number of fire station amplifier, type of connectors used by fire alerting input, input impedance and the necessary audio level to drive station amplifier.
I. Provide a description of station control circuits (e.g., lighting, door openers, gas shut -off) and the number of circuits to be controlled by the Control Remote.
J. Ensure that the MCU at each station is at all times plugged into the Westnet supplied on-line full-time UPS.
K. Ensure that the MCU at each station is at all times plugged into the First -In Radio Isolation Unit.
Westnet will exclude from this Agreement the repair of any equipment not properly connected to the Radio Isolation Unit.
L. Ensure that the radio antenna and lightning arrestor is installed, is installed per current engineering standards and that all lightning protection equipment is connected to a 5 -ohm earth ground by a #6 or larger cable not exceeding eight (8) feet in lengt h between the 5 -ohm earth ground and the protected equipment.
M. Notify Westnet prior to making any change in any equipment connected to the fire station System.
END OF WESTNET SOW EXHIBIT 2-1
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EXHIBIT 3
SCHEDULE OF PERFORMANCE
Work shall commence immediately upon execution of this AGREEMENT and shall be performed in accordance with the schedule set forth below. The time for completion is March 15, 2027. Time is of the essence in this AGREEMENT.
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EXHIBIT 4
COMPENSATION
CITY agrees to compensate CONTRACTOR FOUR HUNDRED SEVENTEEN THOUSAND NINE HUNDRED SEVENTY-SEVEN AND SIXTY-FOUR CENTS ($417,977.64) for professional services performed in accordance with the terms and conditions of this AGREEMENT including the itemized list and payment schedule set forth in Exhibit D of CONTRACTOR’s Proposal, incorporated in Exhibit 2-1 of this AGREEMENT.
The maximum amount of compensation to be paid to CONTRACTOR under this AGREEMENT, including both payment for professional services and reimbursable expenses, shall not exceed FOUR HUNDRED SEVENTEEN THOUSAND NINE HUNDRED SEVENTY-SEVEN AND SIXTY-FOUR CENTS ($417,977.64). CONTRACTOR shall not be entitled to any additional compensation unless CITY, after receiving written notice from CONTRACTOR, approves in writing such additional compensation.
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EXHIBIT 5
INSURANCE
In all instances where CONTRACTOR or its representatives will provide construction services to CITY, it shall be a requirement under this AGREEMENT that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be available to the CITY as Additional Insured. Furthermore, 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. No representation is made that the minimum insurance requirements of this AGREEMENT are sufficient to cover the obligations of the CONTRACTOR under this agreement.
CONTRACTOR shall procure and maintain insurance against claims for injuries to persons, damage to property or economic losses which may arise from or in connection with the performance of the work hereunder and the results of that work by CONTRACTOR, its agents, representatives, employees or subcontractors.
CONTRACTOR agrees that in the event of loss due to any of the perils for which it has agreed to provide Commercial General and Auto Liability insurance, CONTRACTOR shall look solely to its insurance for recovery.
CONTRACTOR hereby grants to CITY, on behalf of any insurer providing Commercial General and Automobile Liability insurance to either CONTRACTOR or CITY with respect to the services of CONTRACTOR herein, a waiver of any right to subrogation, which any such insurer of said CONTRACTOR may acquire against CITY by virtue of the payment of any loss under such insurance.
Original signed certificates and separate policy endorsements naming the City of Fairfield as Additional Insured for general liability, and a waiver of subrogation for Workers’ Compensation shall be received and approved by CITY before any work may begin. However, failure to do so shall not operate as a waiver of these insurance requirements.
Minimum Scope of Insurance – the following forms shall be provided, and coverage shall be at least as broad as the following:
1. Insurance Services Office Commercial General Liability coverage (ISO Occurrence Form CG 0001) including coverage for on-going operations and products and completed operations.
2. Original and separate Additional Insured Endorsements for General Liability On-Going Operations (ISO Form CG 20 10 or ISO Form CG20 38).
3. Original and separate Additional Insured Endorsement for General Liability Completed Operations (ISO Form CG 20 37).
4. Original and separate endorsement for Primary and Non-Contributory insurance coverage (ISO Form CG 20 01).
5. Insurance Services Office Automobile Liability coverage (ISO Form CA 0001, Code 1, Any Auto).
6. Workers’ Compensation Insurance as required by the State of California including Employer’s Liability coverage.
7. Original and separate Waiver of Subrogation for Workers’ Compensation Insurance.
8. Builder’s Risk/Course of Construction insurance covering all risks of loss less policy exclusions when CITY has a financial interest n the property. (Only required for construction contracts involving property.)
9. Contractor’s Pollution Liability (if applicable) for construction contracts.
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Required Coverage Minimum Limits
General Liability
(primary and excess limits
combined)
Minimum coverage $2,000,000 per occurrence and $4,000,000 aggregate.
Includes coverage for bodily injury, personal injury, property damage and products and completed operations. The policy shall not exclude coverage for XCU perils (explosion, collapse, or damage to underground property). If the policy includes a general aggregate, either the general aggregate shall apply separately to this project, service or location or the minimum required aggregate limit shall be twice the per occurrence limit.
Policy shall be endorsed to name the City of Fairfield as Additional Insured per the conditions detailed below.
Automobile Liability
$2,000,000 per occurrence for bodily injury and property damage.
Workers’ Compensation and
Employers’ Liability
Statutory limits as required by the State of California including $1,000,000 Employers’ Liability per accident, per employee for bodily injury or disease. If CONTRACTOR is self-insured, provide a certificate of Permission to Self-Insure, signed by the California Department of Industrial Relations and Self-Insurance.
Builders’ Risk/Course of
Construction – Covers property
under construction, repair or
renovation as well as
equipment and materials to be
installed.
(Only required for Construction
Projects involving property and
equipment installation.)
Coverage shall include all risks of direct physical loss, excluding earthquake, for an amount equal to the full completed value of the covered structure or replacement value of alterations or additions, including soft costs and business interruption.
If the project does not involve new or major reconstruction, an Installation Floater may be acceptable. For such projects, a property installation floater shall be obtained that provides for the improvement, remodel, modification, alteration, conversion or adjustment to existing buildings, structures, processes, machinery and equipment. The Property Installation Floater shall provide property damage coverage for any building, structure, machinery or equipment damaged, impaired, broken or destroyed during the performance of the services performed or provided hereunder, including during transit, installation and testing at CITY’s site.
The City of Fairfield shall be named as loss payee as its interest may appear. The insurer shall waive all rights against CITY.
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Contractor’s Pollution Liability
(if applicable)
Protects against:
unexpected/unintended release
of pollution resulting from
CONTRACTOR’S covered
operations such as:
HVAC, paving, carpentry,
pipeline and tank installation,
drillers, remediation
contractors, maintenance,
mechanical, demolition,
excavation, grading, street/road
construction, residential and
commercial builders.
Same limits as General Liability above.
Required Policy Conditions
Additional Insured
Endorsement - On-Going
Operations
Applicable to General Liability.
The City of Fairfield, its officers, officials, employees, agents and volunteers are to be named as Additional Insured for all liability arising out of, or in any way caused, in whole or in part, actively or passively, by the named insured in the performance of this AGREEMENT. All coverage available to the named insured shall also be available and applicable to the CITY as Additional Insured Additional Insured On-Going Operations Coverage shall be at least as broad as ISO Form CG 20 10 04 13 or ISO Form CG 20 38 04 13.
Additional Insured
Endorsement - Completed
Operations
Applicable to General Liability.
CONTRACTOR shall maintain insurance as required by this AGREEMENT for a minimum of five years following the completion of this project. In the event CONTRACTOR fails to obtain or maintain completed operations coverage as required by this AGREEMENT, CITY at its sole discretion may purchase the coverage required and the cost will be paid by contractor.
Additional Insured Completed Operations coverage shall be at least as broad as ISO Form CG 20 37 04 13.
Primary and Noncontributory
Endorsement
The Additional Insured coverage under the CONTRACTOR’s policy shall be Primary and Noncontributory and will not seek contribution from the CITY’s insurance or self-insurance and shall be at least as broad as ISO Form CG 20 01 04 13.
A. M. Best Rating A-: VII or better. If the A.M. Best Rating falls below the required rating, CONTRACTOR must replace coverage immediately and provide prompt notice to CITY.
Waiver of Subrogation
Endorsement
CONTRACTOR’s insurer will provide a Waiver of Subrogation endorsement in favor of CITY for Workers Compensation coverage during the life of this AGREEMENT.
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Deductibles and Self-Insured
Retentions
1. All deductibles and self-insured retentions (SIR) greater than $50,000 must be disclosed to and approved by CITY’s Risk Management and shall not reduce the limits of liability.
2. Policies containing any SIR provision shall provide or be endorsed to provide that the SIR may be satisfied by either the named Insured or the City.
3. At the option of CITY either the insurer shall reduce or eliminate such deductibles or SIR as respects CITY; or CONTRACTOR shall procure a financial guarantee in an amount equal to the deductible or SIR guaranteeing payment of losses and related investigations, claims administration and defense expenses.
Loss Payable Endorsement
(only required when Builder’s
Risk and/or Course of
Construction Insurance is
required.)
Applicable to Builder’s Risk/Course of Construction naming the City of Fairfield as Loss Payee.
SURETY BONDS
(If a Public Works/Engineering
Project)
CONTRACTOR shall provide:
1. No Bid Bond required
2. A Performance Bond
3. A Payment Bond
Umbrella/Excess Liability Policies
The limits of insurance required in this AGREEMENT may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall be at least as broad as specified for the underlying coverages and cover those insured in the underlying policies. Any umbrella or excess insurance shall also apply on a Primary and Noncontributory basis for the benefit of the CITY before the CITY’s own insurance or self-insurance shall be called upon to protect it as a named insured.
Claims-Made Policies
If any insurance policy is written on a claims-made form, the following conditions apply: 1) the retroactive date must be shown and must be before the date of this AGREEMENT, 2) the insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work, and 3) if coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the effective date of this AGREEMENT, CONTRACTOR must purchase an extended period coverage for a minimum of five (5) years after completion of contract work.
Subcontractors
CONTRACTOR shall include the following language in their agreement with subcontractors: “Subcontractor agrees to be bound to the general contractor and the City of Fairfield in the same manner and to the same extent as the general contractor is bound to City of Fairfield under the Contract Documents. Subcontractor further agrees to include the same indemnity and insurance provisions contained in the City Contract Document, to the extent they apply to the scope of the sub-subcontractor’s work. A copy of the CITY Contract Document indemnity and insurance provisions will be furnished to subcontractor upon request.”
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CONTRACTOR is responsible for verifying subcontractors’ insurance policies and endorsements. CONTRACTOR agrees to furnish to CITY upon request proof of insurance coverage for CONTRACTOR’s subcontractors.
CONTRACTOR agrees to defend and indemnify CITY for any damage resulting from failure of either CONTRACTOR or any subcontractor to take out or maintain the required insurance policies. The fact that insurance is obtained by CONTRACTOR, and/or CONTRACTOR’s subcontractors, will not be deemed to release or diminish the liability of CONTRACTOR, including, without limitation, liability under the indemnity provisions of this AGREEMENT. Damages recoverable by CITY from CONTRACTOR or any third party will not be limited by the amount of the required insurance coverage.
Verification of Coverage
All original certificates and endorsements shall be received and approved by CITY before work may begin. CITY reserves the right to obtain full certified copy of any insurance policy and endorsements. Failure to exercise this right shall not constitute a waiver of right to exercise later.
Original insurance certificates and required policy endorsements shall be mailed, or delivered to CITY’s Project Manager. Insurance certificates and endorsements may be emailed or faxed to CITY’s Project Manager.
However, CONTRACTOR must mail the original certificates and endorsements to CITY’s Project Manager once emailed or faxed.
CITY’s Project Manager
NAME: Ryan Panganiban
ADDRESS: Department of Public Works
1000 Webster Street, Fairfield, CA 94533
EMAIL: [email protected]
PHONE: 707-428-7017
Continuous Coverage
CONTRACTOR shall maintain the required insurance for a period of at least one hundred and eighty (180) days (except as required under Claims-Made Policies) after final payment has been made by CITY to CONTRACTOR pursuant to this AGREEMENT. Should CONTRACTOR cease to have insurance as required during this time, all work by CONTRACTOR pursuant to this AGREEMENT shall cease until insurance acceptable to CITY is provided.
Maintenance of proper insurance coverage is a material element of this AGREEMENT. Failure to maintain or renew coverage or to provide evidence of renewal may be treated by CITY as a material breach of this AGREEMENT. In the event that CONTRACTOR fails to comply with CITY’s insurance requirements, CITY may take such action as it deems necessary to protect CITY’s interests. Such action may include but is not limited to termination of this AGREEMENT, withholding of payments, or other actions as CITY deems appropriate.
If services or the scope of work extend beyond the expiration dates of the required insurance policies initially approved by CITY, CONTRACTOR must provide updated certificates and endorsements indicating that the required coverage, terms and conditions are still in place. Renewal certificates and updated endorsements shall be mailed to CITY’s Project Manager.
Consistent with Public Policy
The insuring provisions, insofar as they may be judged to be against public policy shall be void and unenforceable only to the minimum extent necessary so that the remaining terms and provisions herein may be consistent with public policy and thus enforceable.
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EXHIBIT 6
SPECIAL PROVISIONS
Check one:
There are no special provisions.
The special provisions to this AGREEMENT are as follows:
1. Prevailing Wage.
Section 1771 of the California Labor Code provides that “not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the public work is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work shall be paid to all workers employed on public works.” Copies of the “General Prevailing Wage Rates” are on file in the office of CITY’s Department of Public Works, which shall be made available for inspection to any interested party on request, which said rates are hereby made a part hereof and incorporated herein by reference as though set forth in full.
Section 1720 of the California Labor Code provides that “public works” includes construction, alteration, demolition, installation, or repair work done under contracts and paid for in whole or in part out of public funds. It is expressly agreed by and between the parties hereto that CONTRACTOR shall pay not less than the general prevailing rate of per diem wages to these and other trades covered under California Labor Code Sections 1720 et seq.
Prevailing Wage Rates can be downloaded from the Department of Industrial Relations website at http://www.dir.ca.gov/DLSR/PWD/index.htm, or purchased from:
Department of Industrial Relations
State of California
Prevailing Wage Rate Unit
P.O. Box 420603
San Francisco, CA 94142
Changes, if any, to the General Prevailing Wage Rates will be available at the same locations.
CONTRACTOR shall also comply with the reporting requirements of California Labor Code Sections 1720 et seq. by preparing a weekly report of all payrolls for all employees performing the above-referenced work and by submitting such weekly report to CITY. Payrolls shall contain the full name, address and social security number of each employee, his/her correct classification, rate of pay, daily and weekly number of hours worked, itemized deductions made and actual wages paid. The employee’s address and social security
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number need only appear on the first payroll on which the employee’s name appears. The payroll shall be accompanied by a “Statement of Compliance” signed by CONTRACTOR or his/her authorized agent indicating that the payrolls are correct and complete and that the wage rates contained therein are not less than those required by this AGREEMENT. The “Statement of Compliance” shall be on forms furnished by CITY or on any form with identical wording. CONTRACTOR shall also be responsible for submitting the weekly report(s) of all payrolls of any and all subcontractors.
2. Safety & Health
CONTRACTOR’s Responsibility – CONTRACTOR shall be solely responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the services and work to be provided hereunder. CONTRACTOR shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to:
i) All persons at the site(s) and other persons and organizations who may be affected thereby; ii) All the work and materials and equipment to be incorporated therein, whether in storage on or off the site(s); and
iii) Other property at the site(s) or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, and utilities not designated for removal, relocation, or replacement in the course of the work.
3. Westnet shall provide for each station “Site Ready Check List” for City’s review and performance requirements prior to Westnet mobilizing on site. Site Ready Check List to be provided to the City 30 days in advance of any work.
4. Westnet shall provide materials and catalog cuts of all equipment utilized on this project. Information to be submitted in three (3) three ring binders and electronic flash drives.
Agenda Item No: K.7
AGENDA REPORT
DATE: April 21, 2026
TO: Mayor and Council
FROM: David Gassaway, City Manager
SUBJECT: Resolution 2026-63 PD Authorization to Purchase and Use Military Equipment
Authorizing the City Manager to Execute and Approve the Purchase and Use of Military Equipment in Accordance with Ordinance 2022-06
Funding Source: $192,375; General Fund
Contact: Jausiah Jacobsen, (707) 428-7314
RECOMMENDED ACTION
Adopt resolution.
STATEMENT OF ISSUE
Government Code sections 7070 through 7075 require:
Annual renewal of any ordinance authorizing the acquisition, funding, or use of military equipment
Governing body review of the Fairfield Police Department’s (FPD) Annual Military Equipment Report
A law enforcement agenc y (LEA) to obtain approval from the applicable governing body prior to the funding, acquisition, or use of “Military Equipment, ” as defined by Government Code section 7070
DISCUSSION
Government Code section 7071 requires a law enforcement agency to obtain approval from the applicable governing body via the adoption of a "military equipment" use policy by ordinance, prior to the LEA funding, acquiring, or using military equipment. The ordinance, Chapter 31 of the City of Fairfield Municipal Code; Police Dep artment – Funding, Acquisition, and Use of Military Equipment, was approved by the City Council on April 19, 2022. Renewal of the ordinance is required annually under section 31.1.3.
The council is also required to review and adopt the attached Annual Military Equipment Report and conduct a public hearing prior to adoption of the attached resolution. The report was published on the Police Department website on March 17, 2026. The department hosted a well- publicized public meeting regarding the annual report on April 15, 2026, providing an opportunity for public feedback and questions. The meeting was advertised via department social media on March 25, 2026, and on the Police Department website . The Police Department seeks council review and approval of the 2025 Annual Military Equipment Report and Military Equipment Use Policy §711.
Lastly, the Police Department requests the council’s authorization to continue to use the vital equipment specified in Government Code section 7070, to continue to restock inventories based on use, and to acquire new equipment. Items designated as "military equipment" by Government Code section 7070 are used as a component of overall best practices for LEAs throughout the country. These tools have been tested in the field and are used by LEAs to enhance citizen and officer safety. The loss of these items would jeopardize the welfare of citizens and peace officers within the department.
The term "military equipment," as used in Government Code section 7070, in fact, does not necessarily indicate that the equipment is equipment the military uses or has used. No items possessed by the Police Department were acquired from the military or through the 1033 program. Pursuant to Government Code section 7070, items deemed to be "military equipment" include, but are not limited to, unmanned aerial or ground vehicles, armored vehicles, command and control vehicles, pepperballs, less lethal shotguns, less lethal 40mm projectile launchers, and flashbangs. The Police Department is committed to us ing the most up to date tools and equipment to safeguard the citizens of Fairfield.
Many items deemed to be "military equipment" by Government Code section 7070 are employed by the Police Department and LEAs across the country to specifically reduce risk to community members. These items provide police officers with the ability to safely resolve volatile situations that otherwise might rise to the level of a lethal force encounter. To that end, the items at issue in the Annual Military Equipment Report an d the accompanying Military Equipment Use Policy provide the Police Department’s peace officers with tools that facilitate compliance with its use of force policy.
Due to advances in available products and technology, the Police Department is requesting additional specialized equipment that will increase officer and community safety through improved or updated equipment, deployment devices, and deployment techniques.
The Police Department’s Real Time Information Center (RTIC), Technical Support Team (TST), and Training Division (on behalf of the Patrol Division) analyzed the effectiveness of the specialized equipment it uses and noted areas for equipment improvement.
The Real Time Information Center (RTIC) is a support element for the Police Department’s Patrol Division. RTIC aids in utilizing Unmanned Aerial Vehicles/Systems, License Plate Reader Camera
Systems, and City CCTV Camera Systems on Patrol or Operational incidents to provide advanced intelligence, surveillance, tracking, containment, and recovery assistance to patrol officers on scene.
The Technical Support Team is another specialized unit within the department that is trained and equipped to provide unmanned aerial vehicles (UAVs) in roles th at support missing persons searches, disaster reconnaissance, perimeters for fleeing suspects, and observation and information gathering during critical or tactical incidents.
The Training Division evaluates equipment needs on behalf of the Patrol Divisio n and the Police Department as a whole. This includes evaluating tools utilized by Patrol to include but not limited to less lethal launchers and munitions.
The Police Department is requesting to acquire, possess , and maintain the following equipment to ensure safety for the community and officers:
1. DJI Matrice 4TD (Increase of seven)
2. DJI Matrice 4T (Increase of two)
3. DJI Avata 2 (Increase of four)
4. Defense Technology 40mm LMT Single Launcher (Increase of 66)
5. Exact iMpact 40mm Standard Range Sponge Round - Model 6325 (Increase of 800)
6. Pepperball TAC-SF/SA Launcher (Increase of four)
7. Existing Military Equipment Inventory
The Police Department is also requesting approval to add to and modify the maximum allowable inventories quantities of the equipment listed below, pursuant to Lexipol Policy 711 —Military Equipment. The Department may choose not to purchase the maximum allowable quantity based on budget and/or department need.
1. DJI Matrice 4TD (Increase of Seven)
These are the docking station version UAS ut ilized by RTIC. These UAS’s are remotely flown by the RTIC members from their remote docking stations strategically placed throughout the city.
The Police Department requests the authority to purchase /acquire up to seven more at $9,899 per unit, with a maximum cost of $29,697.
Note: While the Fairfield Police Department is requesting to increase the total number of units by seven, from two to nine, four of these units would not increase financial exposure to the City of Fairfield as they would be purchased and owned by private businesses within the city. With that being said, since the Fairfield Police Department would be operating them, they are being added for transparency.
2. DJI Matrice 4T (Increase of Two)
These are the patrol-based version of UAS utilized by TST members in the field on Patrol and/or specialized incidents. The Police Department requests authority to purchase up to two more at $8,600 per unit, with a maximum cost of $17,200.
3. DJI Avata 2 (Increase of Four)
These are the patrol-based version of UAS utilized by TST members in the field on Patrol and/or specialized incidents. The Police Department requests authority to purchase up to four more at $1,200 per unit, with a maximum cost of $4,800.
4. Defense Technology 40mm LMT Single Launcher (Increase of 66) The Patrol Division, as well as other specialty units, utilize this as a less lethal option in use of force and deescalation appli cations. This request is to increase and issue out one unit for every patrol officer. This is part of a planned approach and will replace/phase out the issued less lethal shotgun platforms currently in use. The Police Department requests authority to purchase up to 66 additional launchers at $1,777 per unit, with a maximum cost of $117,282.
5. Exact iMpact 40mm Standard Range Songe Round - Model 6325 (Increase of 800) This is the standard munition utilized in the Defense Technology 40mm LMT Single Launcher. An inventory increase is needed to pair with the increase of purchased and issued launchers. The Police Department requests authority to purchase 800 additional rounds at $25 per unit, with a maximum cost of $20,000.
6. Pepperball TAC-SF/SA Launcher (Increase of Four)
The Patrol Division, as well as other specialty units, utilize this as a less lethal option in use of force and deescalation applications. The Police Department is requesting an inventory increase to better deploy these units across patrol and specialty units. The Police Department requests authority to purchase four additional launchers at $849 per unit, with a maximum cost of $3,396.
7. Existing Military Equipment Inventory
The Police Department requests ongoing authorization to replenis h and maintain inventories of consumable items such as ammunition, flash bangs, less lethal munitions, and specialty munitions pursuant to the maximum quantities listed in the FPD policy 711, Military Equipment.
These costs will vary as they are determined by use and manufacturer pricing at the time of order.
FINANCIAL IMPACT
Funds are budgeted for these purchases in the Police Department’s General Fund and itemized to each category of military equipment usage. The total maximum cost is $192,375, plus tax and shipping to be determined at time of purchase based upon quantity ordered.
PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
N/A
ALTERNATIVE ACTION
The council may choose not to adopt the resolution, but then the City would be out of compliance with the Military Equipment Use policy required by law, depriving the Police Department of vital equipment necessary to protect the community.
COORDINATED WITH
City Attorney’s Office
STAFF CONTACT
Jausiah Jacobsen, Police Lieutenant
(707) 428-7368
[email protected]
ATTACHMENTS
Attachment 2: Proposed Resolution
Attachment 3: FPD Military Equipment Policy 711
Attachment 4: FPD Annual Military Equipment Report
CITY OF FAIRFIELD
RESOLUTION NO. 2026-63
AUTHORIZING THE CITY MANAGER TO EXECUTE AND APPROVE THE PURCHASE AND USE OF MILITARY EQUIPMENT IN ACCORDANCE WITH ORDINANCE 2022-06
WHEREAS, Fairfield City Ordinance 2022 -06 and City of Fairf ield Municipal Code Chapter 31 requires the annual renewal and approval for t he funding, acquisition, or use of military equipment, a submission of an annual military equipment report to the City Council, and a vote by the council to renew Chapter 31 of the Fairfield Municipal Code; and
WHEREAS, the Police Department prepared an annual Military Equipment Report and published said report to the Fairfield Police Department website on March 17, 2026; and
WHEREAS, the City of Fairfield’s military equipment policy has been posted on the Fairfield Police Department website continuously since March 2022 and the proposed 2026 policy has been posted since March 17, 2026; and
WHEREAS, the Fairfield Police Department hosted a well-publicized public meeting regarding the annual report on April 15, 2026, at the Harry T. Price Memorial Council Chamber, and provided an opportunity for public feedback and questions; and
WHEREAS, the Police Department needs to replenish munitions and issue standardized equipment to officers to stay within industry standards and best practices to keep the community safe; and
WHEREAS, the council has reviewed the Police Department’s Military Equipment Policy §711 and City of Fairfield Ordinance 2022-06 as codified in Chapter 31 of the Fairfield Municipal Code; and
WHEREAS, the council has reviewed the Police Department’s Annual Military Report and provided for public comments.
NOW, THEREFORE, THE COUNCIL OF THE CITY OF FAIRFIELD HEREBY RESOLVES:
Section 1. The council has reviewed the annual Military Equipment Report (report) submitted by the Fairfield Police Department and determines that , based on the report that the military equipment identified in t he report has complied with the standards for approval set forth in California Government Code section 7071(d), namely:
(A) The military equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety.
RES. NO. 2026-63
(B) The proposed military equipment use policy will safeguard the public’s welfare, safety, civil rights, and civil liberties.
(C) If purchasing the equipment, the equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety.
(D) Prior military equipment use complied with the military equipment use policy that was in effect at the time, or if prior uses did not comply with the accompanying military equipment use policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance.
Section 2. The council has reviewed Chapter 31 of the Fairfield Municipal Code and hereby renews Ordinance 2022-06 as codified in Chapter 31 of the Fairfield Municipal Code.
Section 3. The council hereby authorizes the city manager or their designee to execute and approve the purchase /acquisition three additional DJI Matrice 4TD ; two additional DJI Matrice 4T; four additional DJI Avata 2 ; 66 additional Defense Technology 40mm LMT Single Launcher ; 800 additional Exact Impact 40mm Standard Range Sponge Round ; four additional Pepperball TAC-SF/SA Launcher from the General Fund (Fund 101, Responsibility and Division Code 50405).
The Police Department is authorized to replenish consumable items up to the established limits.
The total maximum cost for new items is $192,375, plus tax and shipping to be determined at time of purchase based on quantity ordered.
Section 4. The police chief or their designee shall be authorized to maintain all military equipment in compliance with Chapter 31 of the Fairfield Municipal Code and Government Code sections 7070-7075.
RES. NO. 2026-63
PASSED AND ADOPTED this 21st day of April 2026, by the following vote:
AYES: MEMBERS: MOY / BERTANI / CARR / PANDURO / SANDHU / TONNESEN / WILLIAMS
NOES: MEMBERS:
ABSENT: MEMBERS:
ABSTAIN: MEMBERS:
MAYOR
ATTEST:
____________________________
CITY CLERK
FAIRFIELD POLICE DEPARTMENT
Military Equipment
2025 Annual Report
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TABLE OF CONTENTS
Definitions……………………………………………………………….………………………………………………………. 3 Preface and Executive Summary…………..…………………………………………………………………………. 5 Reporting Requirements…………………………………………………………………………………………………..8 Summary of Military Equipment……………………………………………………………………………………… 9 Projected Equipment Acquisitions for 2026…………………………………………………………………….. 33 Conclusion………………………………………………………………………………………………………………………. 36 Appendix A Military Equipment Deployments……………………………….……………………………….. 37 Appendix B Military Equipment Quantities….……………………………………….…………………………. 39 Appendix C Fiscal Impact…………………………...…………..………………………………………………………. 45
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DEFINITIONS
Pursuant to California Government Code 7070, the following definitions are applicable only to the Department’s current military equipment inventory and potential future military equipment acquisitions for operational needs.
“Governing body” means the Fairfield Council and Mayor. “Military equipment” means the following:
1. Unmanned, remotely piloted, powered aerial or ground vehicles. This definition applies to the Department’s inventory of Unmanned Aircraft Systems (UAS) and SWAT robots.
2. Armored personnel carriers. However, police versions of standard consumer vehicles are specifically excluded from this definition. This definition applies to the Fairfield Police Department’s Lenco Bearcat.
3. Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units. This definition applies to the Department’s Mobile Incident Command Vehicle.
4. Battering rams, slugs, and breaching apparatuses that are explosive in nature.
However, items designed to remove a lock, such as bolt cutters, or a handheld ram designed to be operated by one person, are specifically excluded from this definition.
This definition applies to all the Department’s inventory of explosive breaching equipment, breaching shotguns, and breaching shotgun rounds.
5. Specialized firearms and ammunition of less than .50 caliber, including assault weapons as defined in Sections 30510 and 30515 of the Penal Code, except for standard issue service weapons and ammunition of less than .50 caliber that are issued to sworn members.
6. Any firearm or firearm accessory that is designed to launch explosive projectiles.
7. “Flashbang” grenades and explosive breaching tools, “tear gas,” and “pepper balls,” excluding standard, service-issued handheld OC. This definition applies to all the Department’s inventory of flashbangs, pepper ball launchers and related ammunition.
Additionally, this definition applies to all the Department’s inventory of various chemical agents and chemical agent delivery systems maintained by the SWAT Team and Mobile Field Force. These delivery systems are capable of dispersing chemical agents via burning, expulsion, liquid, or fog.
8. The following projectile launch platforms and their associated munitions: 40mm projectile launchers, less lethal Super-Sock and PepperBall weapons. This definition applies to all the Department’s inventory of 40 mm projectile launchers, less lethal shotguns, PepperBall launchers and associated munitions.
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9. “Military equipment” does not include general equipment not designated as prohibited or controlled by the Federal Defense Logistics Agency. “Military equipment use policy” refers to the Fairfield Police Department Policy § 711 which requires a publicly released, written document governing the use of military equipment by the department that addresses, at a minimum, the following:
1. A description of each type of military equipment, the quantity sought, its capabilities, expected lifespan, and product descriptions from the manufacturer of the military equipment.
2. The purposes and authorized uses for which the Department proposes to use each type of military equipment.
3. The fiscal impact of each type of military equipment, including the initial costs of obtaining the equipment and estimated annual costs of maintaining the equipment.
4. The legal and procedural rules that govern each authorized use.
5. The training, including any course required by the Commission on Peace Officer Standards and Training, that must be completed before any member is allowed to use each specific type of military equipment to ensure the full protection of the public’s welfare, safety, civil rights, and civil liberties and full adherence to the military equipment use policy.
6.The mechanisms to ensure compliance with the military equipment use policy, including which independent persons or entities have oversight authority, and, if applicable, what legally enforceable sanctions are put in place for violations of policy, the procedures by which members of the public may register complaints or concerns or submit questions about the use of each specific type of military equipment, and how the Department will ensure that each complaint, concern, or question receives a response in a timely man
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PREFACE
The Fairfield Police Department retains and utilizes a wide variety of equipment which falls under the definitions outlined in Government Code Section 7070. This equipment is used to assist the Fairfield Police Department in its ultimate mission, which is the preservation of life.
The Fairfield Police Department recognizes critical incidents are unpredictable and dynamic in nature. The retention of this equipment alone also does not warrant its use for every incident.
The equipment listed in this report assists with the safe and efficient resolution of these incidents.
Policy and procedure dictate when the equipment may be deployed in the field, how it may be used, and which members are authorized to use it. However not all situations can be predicted.
The need for the incident commander, on-scene supervisor, or officers to deploy and utilize the equipment in a manner not outlined within policy or procedure may be necessary for the preservation of life in a rapidly evolving incident.
Further, incident commanders, supervisors, and officers can authorize use of equipment for each specific incident based on the totality of the circumstances.
EXECUTIVE SUMMARY
On September 30, 2021, the Governor of the State of California approved AB-481 requiring law enforcement agencies to obtain approval of the applicable governing body, by adoption of a military equipment use policy. The Department is required to seek City Council approval of their military equipment use procedure by ordinance at a regular open meeting prior to taking certain actions relating to the funding, acquisition, or use of military equipment, as defined.
The bill allows the governing body to approve the funding, acquisition, or use of military equipment within its jurisdiction only if it determines that the military equipment meets specified standards. The ordinance is subject to annual City Council review to determine whether, based on an annual military equipment report, the standards set forth in the approving ordinance have been met. The City Council may renew the authorizing ordinance, disapprove authorization for particular military equipment where standards have not been met, or require modifications to the military equipment use procedure to address any non- compliance with standards.
Finally, the bill requires publication of the military equipment use procedure and the annual military equipment report on the Department’s website. The military equipment use procedure must be posted on the website at least 30 days prior to the Council meeting.
Military equipment use was recorded by the Fairfield Police Department for this report from January 1, 2025 to December 31, 2025, contemporaneous and in compliance with the timelines associated with Government Code Section 7072 and corresponding City Ordinance Chapter 31.