Suisun City City Council
December 20, 2022

DEPARTMENTS: AREA CODE (707)
ADMINISTRATION 421- 7300  PLANNING 421 - 7335  BUILDING 421- 7310  FINANCE 421- 7320 FIRE 425- 9133  RECREATION & COMMUNITY SERVICES 421- 7200  POLICE 421- 7373  PUBLIC WORKS 421 - 7340 SUCCESSOR AGENCY 421- 7309 FAX 421- 7366

CITY COUNCIL
Alma Hernandez, Mayor
Princess Washington, Mayor Pro-Tem
Michael J. Hudson
Jenalee Dawson

CITY COUNCIL MEETING
First and Third Tuesday
Every Month

A G E N D A

SPECIAL MEETING OF THE SUISUN CITY COUNCIL

TUESDAY, DECEMBER 20, 2022

5:30 P.M.

SUISUN CITY COUNCIL CHAMBERS -- 701 CIVIC CENTER BOULEVARD -- SUISUN CITY, CALIFORNIA

NOTICE
Pursuant to Government Code Section 54953, subdivision (b), and in accordance with the provisions of SB 361 (2021), the following Council/Successor Agency/Housing Authority meeting includes teleconference participation by:

Council/Board Member s Michael Hudson, Jenalee Dawson , Mayor Pro Tem Princess Washington, Mayor Alma Hernandez. Teleconference locations are on file at City Hall, 701 Civic Center Blvd., Suisun City, CA 94585.

FACE MASKS ARE RE COMMENDED FOR MEMBERS OF THE PUBLIC WHILE IN CITY FACILITIES IF NOT FULLY VACCINATED. IF YOU DO NOT HAVE A FACE MASK, ONE WILL BE PROVIDED FOR YOU.

THE CITY COUNCIL HAS RESUMED IN-PERSON MEETINGS IN ADDITION TO ZOOM. A LIMITED NUMBER OF SEATS ARE AVAILABLE, TO RESERVE A SEAT PLEASE CONTACT THE CITY CLERK AT [email protected] OR 707 421-7302.

ZOOM MEETING INFORMATION:

WEBSITE: https://zoom.us/join
MEETING ID: 875 2605 0953
CALL IN PHONE NUMBER: (707) 438-1720

REMOTE PUBLIC COMMENT IS AVAILABLE FOR THE CITY COUNCIL MEETING BY EMAILING [email protected] (PRIOR TO 4pm) OR

VIA WEBSITE OR PHONE APPLICATION, ZOOM

(If attending the meeting via phone press *9 to raise your hand and *6 to unmute/mute for public comment.)

ROLL CALL
Council/Board Members

CONFLICT OF INTEREST NOTIFICATION
(Any items on this agenda that might be a conflict of interest to any Councilmembers should be identified at this time.)

December 20, 2022 City Council Page 2

PUBLIC COMMENT
(Request by citizens to discuss any matter under our jurisdiction other than an item posted on this agenda per California Government Code §54954.3. Comments are limited to no more than 3 minutes unless allowable by the Mayor/Chair. Speaker cards are available on the table near the entry of the meeting room and should be given to the City Clerk. By law, n o prolonged discussion or action may be taken on any item raised during the public comment period, although informational answers to questions may be given and matters may be referred for placement on a future agenda.)

CLOSED SESSION
Pursuant to California Government Code Section 54950 the Suisun City Council will hold a Closed Session for the purpose of:

City Council

1. CONFERENCE WITH LEGAL COUNSEL--ANTICIPATED LITIGATION Discussion of potential significant exposure to litigation pursuant to Government Code Section 54956.9(c)(2) (1 potential case).

2. CONFERENCE WITH LEGAL COUNSEL--ANTICIPATED LITIGATION Discussion of potential significant exposure to litigation pursuant to Government Code Section 54956.9(d)(2) (1 potential case).

CONVENE OPEN SESSION
Announcement of Actions Taken, if any, in Closed Session.

ADJOURNMENT
A complete packet of information containing staff reports and exhibits related to each item for the open session of this meet ing, and provided to the City Council, are available for public review at least 72 hours prior to a Council /Agency/Authority Meeting at Suisun City Hall 701 Civic Center Blvd., Suisun City. Agenda related writings or documents provided to a majority of the Council/Board/Commissioners less than 72 hours prior to a Council/Agency/Authority meeting related to an agenda item for the open session of this meeting will be made available for public inspection during normal business hours. An agenda packet is also located at the entrance to the Council Chambers during the meeting for public review. The City may charge photocopying charges for requested copies of such documents. Assistive listening devices may be obtained at the meeting PLEASE NOTE:

1. The City Council/Agency/Authority hopes to conclude its public business by 10:00 P.M. Ordinarily, no new items will be taken up after the 10:00 P.M. cutoff and any items remaining will be agendized for the next meeting. The agendas have been prepared with the hope that all items scheduled will be discussed within the time allowed.

2. Suisun City is committed to providing full access to these proceedings; individuals with special needs may call 421-7300.

3. Agendas are posted at least 72 hours in advance of regular meetings at Suisun City Hall, 701 Civic Cente r Boulevard, Suisun City, CA.

Agendas may be posted at other Suisun City locations including:
• Suisun City Fire Station, 621 Pintail Drive, Suisun City, CA; • Suisun City Senior Center, 318 Merganser Drive, Suisun City, CA; • Joe Nelson Center, 611 Village Drive, Suisun City, CA; • Harbor Master Office, 800 Kellogg Street, Suisun City, CA.

I, Donna Pock, Deputy City Clerk for the City of Suisun City, declare under penalty of perjury that the above agenda was posted and available for review, in compliance with the Brown Act.

CITY COUNCIL CITY COUNCIL MEETING
Alma Hernandez, Mayor
Princess Washington, Mayor Pro Tem
Michael J Hudson, Member
Jenalee Dawson, Member

AGENDA

REGULAR MEETING OF THE SUISUN CITY COUNCIL,

SUISUN CITY COUNCIL ACTING AS SUCCESSOR AGENCY TO THE

REDEVELOPMENT AGENCY OF THE CITY OF SUISUN CITY,

AND HOUSING AUTHORITY

TUESDAY, DECEMBER 20, 2022
6:30 PM

Suisun City Council Chambers - 701 Civic Center Boulevard - Suisun City, California

NOTICE
Pursuant to Government Code Section 54953, subdivision (b), and in accordance with the provisions of SB 361 (2021), the following Council/Successor Agency/Housing Authority meeting includes teleconference participation by: Council/Board Members Michael Hudson, Jenalee Dawson, Mayor Pro Tem Princess Washington, Mayor Alma Hernandez. Teleconference locations are on file at City Hall, 701 Civic Center Blvd., Suisun City, CA 94585.

FACE MASKS ARE RECOMMENDED FOR MEMBERS OF THE PUBLICWHILE IN CITY FACILITIES IF NOT FULLY VACCINATED. IF YOU DO NOT HAVE A FACE MASK, ONE WILL BE PROVIDED FOR YOU.

THE CITY COUNCIL HAS RESUMED IN-PERSON MEETINGS IN ADDITION TO ZOOM. A LIMITED NUMBER OF SEATS ARE AVAILABLE, TO RESERVE A SEAT PLEASE CONTACT THE CITY CLERK AT [email protected] OR 707 421-7302.

ZOOM MEETING INFORMATION:

WEBSITE: https://zoom.us/join
MEETING ID: 836 6642 3360
CALL IN PHONE NUMBER: (707) 438-1720

REMOTE PUBLIC COMMENT IS AVAILABLE FOR THE CITY COUNCIL MEETING BY EMAILING [email protected] (PRIOR TO 6 PM) OR VIA WEBSITE OR PHONE APPLICATION, ZOOM

(If attending the meeting via phone press *9 to raise your hand and *6 to unmute/mute for public comment.)

(Next Ord. No. – 796)
(Next City Council Res. No. 2022 – 155)
Next Suisun City Council Acting as Successor Agency Res. No. SA2022 - 07) (Next Housing Authority Res. No. HA2022 – 04)

ROLL CALL
Council /Board Members
Pledge of Allegiance
Invocation

CONFLICT OF INTEREST NOTIFICATION
(Any items on this agenda that might be a conflict of interest to any Councilmembers / Boardmembers should be identified at this time.)

REPORTS (Informational items only.)

1 City Manager/Executive Director/Staff

PRESENTATION/APPOINTMENTS
(Presentations, Awards, Proclamations, Appointments).

2 Microtransit Presentation – (Solano Transportation Authority).

3 Presentation of Proclamation to La Cabana in Recognition of Business of the Year – (Hernandez: [email protected]).

PUBLIC COMMENT
(Request by citizens to discuss any matter under our jurisdiction other than an item posted on this agenda per California Government Code §54954.3. Comments are limited to no more than 3 minutes unless allowable by the Mayor/Chair. Speaker cards are available on the table near the entry of the meeting room a nd should be given to the City Clerk. By law, no prolonged discussion or action may be taken on any item raised during the public comment period, although informational answers to questions may be given and matters may be referred for placement on a future agenda.)

COUNCIL COMMENTS

4 Council/Board Members Updates

CONSENT CALENDAR
Consent calendar items requiring little or no discussion may be acted upon with one motion.

City Council

5 Council Consideration and possible action to adopt Resolution No. 2022- __: A Resolution of the City Council of the City of Suisun City proclaiming a local emergency persists and authorizing the use of remote teleconference meeting procedures by the City’s legislative bodies, as authorized by government code section 54953(e) et seq., through January 19, 2023 – (Folsom: [email protected]).

6 Council Adoption of Resolution No. 2022- ____: Reaffirming the Necessity of the Development Impact Fees and Accepting the Annual Report on Development Impact Fees – (Deol: [email protected]).

7 Council Adoption of Resolution No. 2022- ____: Authorizing the City Manager to Execute a Professional Services Agreement on the City’s Behalf with Planwest Partners to complete a Municipal Services Review – (Bermudez: [email protected]).

8 Council Adoption of Resolution No. 2022- ___: Authorizing the City Manager to Execute a Contract Amendment on the City’s Behalf with David Wade and Associates to Process the Development Application for the Highway 12 Logistics Center Project – (Bermudez:
[email protected]).

9 Council Adoption of Resolution No. 2022- ___: Authorizing the City Manager to Execute Contract Amendment No. 2 on the City’s Behalf with David Wade and Associates to Process the Development A pplication for the Suisun Logistics Center Project – (Bermudez:
[email protected]).

10 Council Adoption of Resolution No. 2022- ___: Authorizing the City Manager to Execute a Second Amendment to a Professional Services Agreement on the City’s Behalf with F irst Carbon Solutions (FCS) to Prepare an Environmental Impact Report for the Suisun Logistics Center Project – (Bermudez: [email protected]).

11 Council Adoption of Resolution No. 2022- ___: Authorizing the City Manager to Execute a Contract Services Agreement with Superior Building Services for Janitorial Services for City Facilities – (Vue: [email protected]).

12 Receive and file SB-165 Annual Reports for Community Facilities District No. 1, Community Facilities District No. 2, and Community Fac ilities District No. 3, to comply with the Local Agency Special Tax Bond and Accountability Act – (Vue: [email protected]).

13 Brown Act Updates: – (City Attorney)
a. Receive and file report on Brown Act updates.
b. Council Adoption of Resolution No. 2022- ___: A resolution of the City Council of the City of Suisun City adopting a reasonable accommodation policy to apply to all Brown Act meetings.
c. Council Adoption of Resolution No. 2022- ___: A resolution of the City Council of the City of Suisun City to update the language on the City’s agendas to reflect the changes to the Brown Act enacted by AB 2449, SB 1100, and SB 1489.

Suisun City Council Acting as Successor Agency

14 Successor Agency Adoption of Resolution No. SA 2022- ___: Receiving and Accepting a Recognized Obligation Payment Schedule 2023/24 (ROPS) for the Period of July 1, 2023 through June 30, 2024 – (Deol: [email protected]).

Joint City Council / Suisun City Council Acting as Successor Agency / Housing Authority

15 Council/Agency/Authority Approval of the Minutes of the Regular and/or Special Meetings of the Suisun City Council, Suisun City Council Acting as Successor Agency, and Housing Authority held on November 1, 2022 – (Skinner: [email protected]).

Joint City Council / Suisun City Council Acting as Successor Agency

16 Council/Agency Approval of November 2022 Payroll Warrants in the Amount of $590,292.68 and Council/Agency Approval of the November 2022 Accounts Payable Warrants in the Amount of $1,056,411.00 – (Finance).

PUBLIC HEARING

17 Consideration of the Following for the Historic Waterfront Business Improvement District: – (Lofthus: [email protected])
a. Council Adoption of Resolution No. 2022-__ Reauthorizing and Renewing the Historic Waterfront Business Improvement District and the Assessment Levy for the District; and
b. Council Adoption of Resolution No. 2022-__ Approving the Proposed Calendar-Based Fiscal Year 2022 Operating Budget for the Suisun City Historic Waterfront Business Improvement District.

18 Council Introduction and Waive Reading of Ordinance No. __; An Ordinance of the City Council of the City of Suisun City, California, Amending Ordinance 793, Adopting Policy 706 Relating to the Police Department’s Use of Military Equipment, in Accordance with Assembly Bill 481 – (Roth: [email protected]).

19 Public Hearing and Other Proceedings Related to Annexation No.13 to Community Facilities District No. 2 (Municipal Services), for the Caterpillar Clubhouse Project (Continued from December 6, 2022): – (Vue: [email protected])
a. Council Adoption of Resolution No. 2022-___: Submitting Annexation of Territory and Levy of Special Taxes to Qualified Electors; and
b. Council Adoption of Resolution No. 2022-___: Declaring Results of Special Annexation Election, Determining Validity of Prior Proceedings, and Directing Recording of Amended Notice of Special Tax Lien; and
c. Council Introduction and Waive Reading of Ordinance No. ___: An Ordinance of the City Council of the City of Suisun City Levying Special Tax Within City of Suisun City Communities Facilities District No. 2 (Municipal Services), Including Certain Annexation Territory.

20 Public Hearing and Other Proceedings Related to Annexation No.14 to Community Facilities District No. 2 (Municipal Services), fo r the Zip Thru Car Wash Project (Continued from December 6, 2022): – (Vue: [email protected])
a. Council Adoption of Resolution No. 2022-___: Submitting Annexation of Territory and Levy of Special Taxes to Qualified Electors; and
b. Council Adoption of Resolution No. 2022-___: Declaring Results of Special Annexation Election, Determining Validity of Prior Proceedings, and Directing Recording of Amended Notice of Special Tax Lien; and
c. Council Introduction and Waive Reading of Ordinance No. ___: An Ordinance of the City Council of the City of Suisun City Levying Special Tax Within City of Suisun City Communities Facilities District No. 2 (Municipal Services), Including Certain Annexation Territory.

GENERAL BUSINESS

21 Council Adoption of Resolution No. 2022 - ___ : Adopting Certain Findings and the Policy Directives to Implement the Sales and Use of Safe and Sane Fireworks for 2023 as Provided in Chapter 8.04 of the Suisun City Code – (Lopez [email protected]).

22 Council Adoption of Resolution No. 2022- ___: A Resolution of the City Council of the City of Suisun City Adopting Procedures Relating to the Filling of a Vacancy on the City Council – (City Attorney).

REPORTS: (Informational items only)

23 Non-Discussion Items

ADJOURNMENT
A complete packet of information containing staff reports and exhibits related to each item for the open session of this meeting, and provided to the City Council, are available for public review at least 72 hours prior to a Council /Agency/Authority Meeting at Suisun City Hall 701 Civic Center Blvd., Suisun City. Agenda related writings or documents provided to a majority of the Council/Board/Commissioners less than 72 hours prior to a Council/Agency/Authority meeting related to an agenda item for the open session of this meeting will be made available for public inspection during normal business hours. An agenda packet is also located at the entrance to the Council Chambers during the meeting for public review. The City may charge photocopying charges for requested copi es of such documents. Assistive listening devices may be obtained at the meeting. PLEASE NOTE:

1. The City Council/Agency/Authority hopes to conclude its public business by 10:00 P.M. Ordinarily, no new items will be taken up after the 10:00 P.M. cutoff and any items remaining will be agendized for the next meeting. The agendas have been prepared with the hope that all items scheduled will be discussed within the time allowed.

2. Suisun City is committed to providing full access to these proceedings; individuals with special needs may call 421- 7300.

3. Agendas are posted at least 72 hours in advance of regular meetings at Suisun City Hall, 701 Civic Center Boulevard, Suisun City, CA. Agendas may be posted at other Suisun City locations including:
• Suisun City Fire Station, 621 Pintail Drive, Suisun City, CA; • Suisun City Senior Center, 318 Merganser Drive, Suisun City, CA; • Joe Nelson Center, 611 Village Drive, Suisun City, CA; • Harbor Master Office, 800 Kellogg Street, Suisun City, CA.

I, Donna Pock, Deputy City Clerk for the City of Suisun City, declare under penalty of perjury that the above agenda was posted and available for review, in compliance with the Brown Act.

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Microtransit
December 20, 2022
Suisun City Council
Meeting
Current
Transit
Services
1 2
Item 2
1 Route 5
 Fairfield Transportation
Center
 Crystal Middle School
 Suisun City Amtrak
 Suisun City Hall
 Joseph Nelson
Community Center
 Suisun City Senior Center
Route 6
 Kaiser
 North Bay
 Suisun Elementary
 Dan O. Root Elementary
 Suisun City Senior Center
 Suisun City Library
 Kroc Center
3 4
Item 2
2 Effective November 8, 2021
• Geofence Suisun City boundaries
along with 4 surrounding hospitals &
clinics
• Sutter Health
• NorthBay Hospital
• Kaiser Clinic in Fairfield
• Ole Health Clinic
1-Way Ride Cost Route 5 &
6 Within Suisun City $2.00/per
ride
$1.75
Within Suisun City
(verified low-
income)
$1.50/per
ride
Suisun City to/from 4
hospital/clinics
$3.00/per
ride
Lyft First and Last Mile Program

APPROVED FARE STRUCTURE

EXISTING SERVICES
6  Solano Older Adults Medical Trips Concierge Services (GoGo)  Rides Taken (since April 2019): 1,432
Solano Mobility Programs Serving Suisun City
 Suisun City Taxi Card Program*
 Rides Taken: 466
 First/Last Mile Program**
 Rides Taken (combined origin/destination): 1,347
* Began in January 2022
** Began in November 2021
 Suisun City $1.50/$2/$3 Lyft Ride Program**
 Rides Taken: 2,067
5 6
Item 2
3 Proposed Service Area
7 8
Item 2
4 Fairfield Locations
Fairfield Transportation Center
David Grant Medical Facility
Solano County Government Center
Sutter Medical Campus
North Bay Medical Center
Kaiser Medical Offices
Ole Health Clinic
DaVita Dialysis
Health and Human & Health and Social
Services
Ordering is as easy as 1-2-
3:
 Download and install the
Uber Application on your
smartphone
 Scroll down to Transit
Option
 Order the Suisun City
Micortransit vehicle
9 10
Item 2
5 Base of Operations
11 12
Item 2
6 13
14 Item 2
7 Suisun City
Microtransit
Vehicles
15 16
Item 2
8 Questions?
Brandon Thomson
Transit Mobility Coordinator
[email protected]
707-399-3234
17 18
Item 2
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10 PREPARED/APPROVED BY: Greg Folsom, City Manager

AGENDA TRANSMITTAL

MEETING DATE: December 20, 2022

CITY AGENDA ITEM: Council Consideration and possible action to adopt Resolution No. 2022-__: A Resolution of the C ity Council of the C ity of Suisun C ity proclaiming a local emergency persists and auth orizing the use of remote teleconference meeting procedures by the City’s legislative bodies , as authorized by government code section 54953(e) et seq ., through January 19, 2023.

FISCAL IMPACT: None.

STRATEGIC PLAN: Provide Good Governance.

BACKGROUND: A number of laws have changed since the beginning of the COVID pandemic related to the Brown Act as it relates to teleconferenced public meetings, both from Governor Newsom’s Executive Orders and recently from the enactment of Assembly Bill 361, which took effect October 1, 2021, allowing conti nued remote teleconference meetings without traditional Brown Act compliance, provided certain findings can be made related to the ongoing state of emergency and subject to adherence to certain new noticing and public participation requirements.

The C ity, as all public agencies in California, must invoke and adhere to AB 361 and its modifications on certain elements of remote pu blic meetings, or else revert to traditional Brown Act compliance. The major change associated with continuing remote meetings under AB 361 is that the public must now be allowed to make comments in real- time during the public comment period, either telephonically or electronically (such as by Zo om). No physical location for public comment need be provided.

Assembly Bill 361, which took effect October 1, 2021, allowing continued remote teleconference meetings without traditional Brown Act compliance, provided certain findings can be made related to the ongoing state of emergency and subj ect to adhe rence to certain new noticing and public participation requirements,

On October 19, 2021 the C ity of S uisun C ity passed a resolution proclaiming that a l ocal emergency persists and authorizing the t ransition to use of remote teleconfer ence meeting procedures by City ’s the legislative bodies , as authorized by government code section 54953(e) et seq., for the initial period of October 19, 2021 through November 18, 2021.

STAFF REPORT: This is a recurring resolution, after 30 days following the initial invocation of AB 361, continued reliance on AB 361 for subsequent meetings requires the following:

1. Either the “state of emergency” must remain active, or state or local officials have imposed or recommended measures to promote social distancing; and

2. No later than 30 days after teleconferencing for the first time under AB 361 rules, and every 30 days thereafter, the legislative body, by majority vot e, finds that it has Item 5
11 reconsidered the circumstances of the state of emergency and at least one of the following circumstances exist:
o The state of emergency continues to impact the ability of the members to meet safely in person; or
o State or local official s continue to impose recommended measures t o promote social distancing
Continued reliance on AB 3 61 will require adoption of a new resolution making the required findings every 30 days.

STAFF RECOMMENDATION: It is recommended that the City Council adopt Resolution No. 2022- ____: A R esolution of the C ity Council of the C ity of Suisun Ci ty proclaiming a l ocal emergency persists and authorizing the transition to use of remote teleconference meeting procedures by City ’s the legislative bodies , as authorized by government code section 54953(e) et seq., through January 19, 2023.

ATTACHMENTS:

1. Resolution 2022-___ A R esolution of the C ity C ouncil of the City of S uisun C ity proclaiming a local emergency persists and authorizing the transition to use of remote teleconference meeting pro cedures by City ’s the l egislative bodies, as authorized by government code section 54953(e) et seq., through January 19, 2023.

Item 5
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28 RESOLUTION NO. 2022-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUISUN

CITY PROCLAIMING A LOCAL EMERGENCY PERSISTS AND

AUTHORIZING THE TRANSITION TO USE OF REMOTE
TELECONFERENCE MEETING PROCEDURES BY CITY’S THE

LEGISLATIVE BODIES, AS AUTHORIZED BY GOVERNMENT
CODE SECTION 54953(E) ET SEQ., THROUGH JANUARY 19, 2023.

WHEREAS, the City Council of the City of Suisun City is committed to preserving and nurturing public access, transparency, observation and partici pation in its meetings and the meetings of each of its legislative bodies; and

WHEREAS, all meetings of the City ’s legislative bodies are open and public, as required by the Ralph M. Brown Act, codified as Government Code sections 54950 et seq., so that any member of the public may attend, parti cipate, and observe the City’s legislative bodies conduct their business; and

WHEREAS, the Brown Act , as amended by Assembly Bill 361 (2021), amending Government Code section 54953(e) et seq. , allows for remote te leconferencing observation and participation in m eetings by members of a legislative body and members of the public , without compliance with the requirements of Government Code section 54953(b)(3), subject to the existence of certain conditions; and

WHEREAS, the initial required condition is a d eclaration of a state of emergency by the Governor pursuant to the California Emergency Services Act , Government Code section 8625, proclaiming the existence of conditions of disaster or of extreme per il to the safe ty of persons and property within the sta te and w ithin the boundaries of the City, as provided in Government Code section 8558; and

WHEREAS, on March 4, 2020, pursuant to Government Code Section 8625, Governor Newsom declared the existence of a state of emergency for the State of California, in response to the outbreak of respiratory illness due to a novel coronavirus (a disease now known as COVID-19); and

WHEREAS, on March 16, 2020, the City’s Director of Emergency Services declared a local emergency fo r the City pursuant to Chapter 2.32 of the Suisun City Municipal Code, finding that conditions of extreme peril to the safety of persons and property have arisen within the City as a result of the COVID-19 virus and that these conditions are or are likely to be beyond the control of the services, personnel, equipment, and facilities of the City; and

WHEREAS, on March 17, 2020, the City Council adopted Resolution No. 2020-40, ratifying the Director of Emergency Services’ declaration of local emergency; and

WHEREAS, Government Code section 54953( e) further require s that state or local officials have imposed or recommended measures to promote social distancing; or, the legislative body of the City finds that meeting in person would present imminent risk to t he health and safety of attendees; and
Item 5
Attachment 1
13 Resolution No. 2022-
Adopted

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WHEREAS, the Council hereby finds that such emergency conditions now exist in the City, such that meeting in person for the meetings of the legislative bodies of the City would present imminent risk to the health and safety of attendees as a result of the increase d risk of the spread of the COVID-19 virus among those in attendance; and

WHEREAS, the Council hereby finds that the state of emergency due to the COVID - 19 virus and the conditions related thereto has caused, and will continue to cause, conditions of extr eme peril to the safety of persons within the City that are likely to be beyond the control of services, personnel, equipment, and facilities of the City , and thereby affirms, authorizes, and proclaims that the existence of a local emergency persis ts throughout the City, and ratifies the proclamation of state of emergency by the Governor of the State of California ; and

WHEREAS, the Council hereby finds that, as a consequence of the existing local emergency, the legislative bodies of the City shall conduct their meetings without compliance with Government Code section 54953(b)(3) , and shall instead comply with the remote teleconference meeting requirements as authorized by Government Code section 54953(e) et seq.; and

WHEREAS, the Council affirms that it will allow for observation and participation by Councilmembers and the public by allowing limited in -person attendance, as well as allowing public participation and comment in real time via Zoom or by telephone, in an effort to protect the constitutional and statutory rights of all attendees.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SUISUN CITY FINDS, RESOLVES, AND ORDERS AS FOLLOWS:

Section 1. The Recitals set forth above are true and correct and are incorporated herein Resolution by reference.

Section 2. The Council hereby recognizes and affirms the existence and conditions of a state of emergency as proclaimed by the Governor, the existence of emergency conditions in the City, and affirms, author izes, and proclaims that the existence of a local emergency persists throughout the City.

Section 3. The Council hereby ratifies the Governor of the State of California’s Proclamation of State of Emergency, effective as of its issuance date of March 4, 2020.

Section 4. Further, the Council finds that holding the meetings of the City’s legislative bodies in person w ith no limitations to attendance would present imminent risk to the health and safety of attendees as a result of the increased risk of the spread of the COVID -19 virus among those in attendance, as required by Government Code section 54953(e) et seq.

Section 5. The City Manager and legislative bodies of the City are hereby authorized and directed to take all actions necessary to carry out the intent and purpose of this Resolution Item 5
Attachment 1
14 Resolution No. 2022-
Adopted

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including, conducting open and public meetings in accordance with Government Code section 54953(e) and other applicable provisions of the Brown Act.

Section 6. This Resolution shall take effect immediately upon its adoption and shall be effective until the ea rlier of (i) January 5, 2023, or (ii) such time the Council adopts a subsequent resolution in accordance with Government Code section 54953(e)(3) to extend the time during which the legislative bodies of the City may continue to teleconference without compliance with Government Code section 54953(b)(3).

PASSED AND ADOPTED at the Regular Meeting of the City Council of the City of Suisun City duly held on December 20, 2022, by the following vote:

AYES: Council Members:

NOES: Council Members:

ABSENT: Council Members:

ABSTAIN: Council Members:

WITNESS my hand and the seal of said City this 20
th day of December 2022.

_________________________________
Anita Skinner
City Clerk

Item 5
Attachment 1
15 THIS PAGE INTENTIONALLY LEFT BLANK
16 PREPARED BY: Elizabeth N. Luna, Accounting Services Manager REVIEWED BY: Lakhwinder Deol, Finance Director
APPROVED BY: Greg Folsom, City Manager

AGENDA TRANSMITTAL

MEETING DATE: December 20, 2022
_______________________________________________________________________________ CITY AGENDA ITEM: Council Adoption of Resolution No. 2022-____: Reaffirming the Necessity of the Development Impact Fees and Accepting the Annual Report on Development Impact Fees.
_______________________________________________________________________________ FISCAL IMPACT: There would be no fiscal impact associated with the adoption of the proposed Resolution.

STRATEGIC PLAN IMPACT: Provide good governance.
_______________________________________________________________________________ BACKGROUND: AB 1600 (codified as California Government Code Section 66000 et seq .) requires that local agencies prepare annual reports on all development impact fees collected to finance “public facilities” if those fees were established, increased, or imposed on or after January 1, 1989. It does not include fees charged for processing development applications, development agreements, or reimbursement agreements. The report is due 180 days after the close of each fiscal year and requires that a report concerning each fee fund be made available to the public.

To be in full compliance with State Law, the City must:
• Spend or commit development impact fees within five years of collecting them; or • Adopt a resolution that makes a finding that a reasonable relationship remains between the current need for the fees and the purpose for which they were originally proposed.

The City currently collects five different categories of impact fees which are described in the attached report. Below is the finding for the one impact fee that require accumulation beyond five years to complete projects:
• Off-Site Street Improvement Program (OSSIP) Fee - A portion of the Off-Site Street Improvement Program fees collected have not yet been spent within five years of collection.

These revenues have been set aside to design and construct the planned improvements which have not yet been accomplished. This is to ensure that the projects can benefit from the economies of scale of a few larger projects, rather than a piecemeal approach consisting of numerous smaller projects. It will also ensure that there will be fewer disruptions of the select street system during construction.
• Park Improvement Program Fee – A portion of the Park Improvement Program fees collected have not yet been spent within five years of collection. These revenues have been set aside to design and construct the planned improvements which have not yet been accomplished.

These fees have been collected based on the concept of providing a consistent level of service to the community. Population in the City is projected to equal 31,374 in 2025, an increase of 1,184 persons. When applied to the current level of service, it will require 3.8 additional acres of improved park land, according to the ongoing development impact fee study. Funds are being accumulated to provide this level of service to the community in the future.

Item 6
17 • Municipal Facilities & Equipment Fee – A portion of the Municipal Facilities & Equipment Fees have not been spent within five years of collection. City will need to accumulate sufficient fees for vehicle and equipment acquisition.

In 2015, the City Council appropriated funds to update the Development Impact Fee Study.

Through a competitive process, the consulting firm TischlerBise was selected to perform this work.

The study was completed in January 2017 and was accepted by the City Council through Resolution No. 2017-01 passed and adopted on January 3, 2017. The study has resulted in the need to diversify the fees beyond those that were adopted in 1993. The current three fees are proposed to be divided into five fees to better determine the associated costs of each category of services and to collect the associated revenue more accurately . The City currently impose the following fees:
• Fire Facilities & Equipment Fee.
• Municipal Facilities & Equipment Fee.
• Off-Site Street Improvements Program Fee.
• Park Improvement Program Fee.
• Police Facilities & Equipment Fee.

A copy of this report of required information will be available at the Finance Department by December 31, 2022, thereby satisfying the law’s requirement that the report be available to the public by that date. In addition, public contact will be made through posting of the City Council Agenda on the City’s official website.
_______________________________________________________________________________ STAFF RECOMMENDATION: It is recommended that the City Council adopt Resolution No. 2022-____: Reaffirming the Necessity of the Development Impact Fees and Accepting the Annual Report on Development Impact Fees.
______________________________________________________________________________ ATTACHMENTS:

1. Resolution No. 2022-____: Reaffirming the Necessity of the Development Impact Fees and Accepting the Annual Report on Development Impact Fees.

2. Exhibit A – Annual Report on Development Impact Fees Item 6
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28 RESOLUTION NO. 2022-__

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUISUN CITY

REAFFIRMING THE NECESSITY OF THE DEVELOLOPMENT IMPACT FEES

AND ACCEPTING THE ANNUAL REPORT ON DEVELOPMENT IMPACT FEES

WHEREAS, the City of Suisun City imposes fees to mitigate the impact of development pursuant to Government Code section 66000 et seq.; and

WHEREAS, said fees collected are deposited into a special revenue and separate capital accounts for each type of improvement funded by development fees; and

WHEREAS, the City maintains separate funds for off-site street improvement program fees, park development program fees, police facility, fire facility and municipal vehicle and equipment fees; and

WHEREAS, the City is required within 180 days after the last day of each fiscal year to make available to the public information for the fiscal year regarding these fees pursuant to Government Code section 66006; and

WHEREAS, the documents reflecting the balance in each development impact fee fund or account, accrued interest in said fund or account and the amount of expenditure by public facility for the fiscal year have been made available for public review as required by Code Section 66006, a copy of which is attached hereto as Exhibit A.

NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Suisun City hereby as follows:

Section 1. That the recitations above are true and correct.

Section 2. That the following findings are made pursuant to California Government Code Section 66001:

A. The Off-Site Street Improvement Program fee has been accumulated beyond five years to achieve economies of scale for projects in the adopted Capital Improvement Program.

The fees collected are being accumulated to build large projects rather than being used in a piecemeal fashion.

B. The Park Improvement Program Fee has been accumulated beyond five years to design and construct the planned improvements to accommodate the projected growth of the City by 2025.

C. The Municipal Facilities & Equipment Fee has been accumulated beyond five years to generate sufficient funds for vehicle and equipment acquisition.

BE IT FURTHER RESOLVED that the Annual Report on Development Impact Fees attached hereto as Exhibit A and incorporated by this reference is hereby accepted by the City Council.

Item 6
Attachment 1
19 Resolution No. 2020-
Adopted May 5, 2020

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PASSED AND ADOPTED at a Regular Meeting of the City Council of the City of Suisun City duly held on Tuesday, the 20th day of December 2022, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

WITNESS my hand and the seal of said City this 20
th day of December 2022.

Anita Skinner
City Clerk

Item 6
Attachment 1
20 Exhibit A
OSSIP Parks Fire Police Municipal
Fund Dev. Fund Facility Fund Facility Fund Veh/Equip Fund (120) (300) (310) (312) (314)
Beginning Fund Balance, 07/01/2021 4,461,743 193,798 10,857 12,715 20,496

REVENUE
Developer Fees 536,442 1,522,688 179,347 161,991 19,060 Transfer In from General Fund - - - 298,991 44,603 Investment Income - - - - - Miscellaneous/Return of Unused Funds - - - - Total Revenues 536,442 1,522,688 179,347 460,982 63,663

EXPENDITURES
Police Public Safety Communications 278,012
Police Assessment Study 13,000
Professional Study-Railroad Ave Realign 44,386
Railroad Avenue
Park Development (Prop 68; Fund 174) 22,350
Questica-software and training 34,750
Cleargov-budget software 8,400
Traffic Improvement Cycle 10 Project 1,155
RRFB -Merganser Drive and Pintail Drive 34,093
RRFB Cycle 10 Project 12,312
Lease-Mororola Radios 60,509
Unrealized Loss on Pooled Investment (year-end adj) 107,112 32,448 2,577 3,134 279 Cost Allocation 13,548 730 1,147 20,979 1,453 Total Expenditures 212,605 55,528 64,233 315,125 44,882 Excess Revenue Over/(Under)
Expenditures 323,837 1,467,160 115,114 145,857 18,781 Ending Fund Balance , 06/30/2022 4,785,580 $ 1,660,958 $ 125,971 $ 158,572 $ 39,277 $ 4,785,579 1,660,958 125,971 158,573 39,277

Five Year Revenue Test Using First In First Out Method
Fees collected in FY2018 28,757 32,433 15,437 12,279 1,429 Fees collected in FY2019 76,812 - 27,198 39,120 2,433 Fees collected in FY2020 23,171 7,302 7,938 11,890 715 Fees collected in FY2021 15,269 17,867 44,475 20,850 2,289 Fees collected in FY2022 536,442 1,522,688 179,347 161,991 19,060 Total Revenue for Last Five Years 680,451 1,580,290 274,395 246,130 25,926 Result: A resolution has been adopted to make a finding that there remains a reasonable relationship between the current need for the Off-Site Street Improvement and Park Development fees and the purpose for which they were originally proposed to continue fee collection
Note: The Police Facility and Municipal Vehicle/Equipment fund received monies as transfers in from General Fund in aid of completing the much needed projects. Fire Facility Fund projected sufficient impact fees in the year 2020-21 to cover the current deficit.

Annual Report on Development Impact Fees, Per Government Code 66000 AB 1600 Statement
Analysis of Changes in Fund Balance
G:\Annual Reports\AB1600\AB1600 Annual Report FY21-22
Item 6
Attachment 2
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22 ______________________________________________________________________________ PREPARED BY: Jim Bermudez, Development Services Director APPROVED BY: Greg Folsom, City Manager

AGENDA TRANSMITTAL

MEETING DATE: December 20, 2022

CITY AGENDA ITEM: Council Adoption of Resolution No. 2022- ____: Authorizing the City Manager to Execute a Pr ofessional Services Agreement on the City’s Beh alf with Planwest Partners to complete a Municipal Services Review.

FISCAL IMPACT: There would be no impact to the General Fund. The cost for retaining Planwest Partners to prepare the Municipal Services Review (MSR) is $55,000 and is fully borne by the developer/applicant.

STRATEGIC PLAN GOALS: Develop Sustainable Economy; Provide Good Governance ; Ensure Fiscal Solvency.

BACKGROUND: The City is curren tly reviewing applications for the development of two logistic centers requiring annexation into the City’s jurisdiction. The developer is proposing to annex the Suisun Logistics Center and Highway 12 Logistics Center into the City of Suisun City.

The proposed Sui sun Logistic Center is at the southeast corner of Pettersen Road, and Walters Road and totals 2.1 million square feet of warehouse uses on ap proximately 120 acres. The proposed Highway 12 Logistic Center is at the southwest corner of Pennsylvania Avenu e and Highway 12 and totals 1.3 million square feet of warehouse and logistics uses on approximately 93 acres. Both Projects also include acreage that would be set aside as open space.

Since 2021, staff and a planning consultant have been working with the applicant preparing planning and design detail s for both logistics projects. Ultimately, the projects will require Planning Commission and City Council approval of planning ent itlements, anticipated to be Site Plan/Design Review, a Planned Unit Development Permit, Development Agreement, Final Environmental Im pact Certification, and authorization to proceed with Annexation. While th e potential approval of pl anning entitlements is made by Council, the authorization to process a n application for annexation and the ultimate decision to detach the logistic properties from Solano County rests solely with Solano County Local Agency Formation Commission (Solano LAFCo).

Over the pas t si x months, staff has engaged and met with Solano LAFCo to discuss gene ral project information, and to better understand their standards and procedures to consider annexation. The outcome of these discussions has shed lig ht that for Solano LAFCo to consider an annexation, the Commission must conduct a service review of municipal services through a formal Municipal Services Review (MSR).

MSRs w ere added to stat ewide LAFCo's mandate s with the pass age of the Cortese-Knox- Hertzberg Local Government Reorganization Act in 2000. MSRs are to be completed every five years, and must be completed prior to, or i n conjunction with, an update of a city or special district Sphere of Influence (SOI) or before any LAFCo initiates any reorga nization of the boundaries of a special district . A service review is a comprehensive study designed to better Item 7
23 inform the LAFCo, local agencies, and the community about the provision of municipal services.

Service reviews attempt to capture and analyze inf ormation about the governance structures and efficiencies of service providers, and to identify opportunities for greater coordination and cooperation between providers.

The City ’s most recent MSR was completed in June 2016. Based on the Solano LAFCo standards and procedures, including direct conversations with Solano LAFCo, the current MSR would not be acceptable when considering annexation for the logistics projects because the current review was prepared over f ive year s a go. As such, t he City released a Request for Proposal (RFP) in late June 2022 to complete a Fiscal Impact An alysis and Municipal Services Review. After three weeks, the solicitation period closed with no interest from consultants. Staff extended the solicitation an additional two weeks, which garnered no interest from consul tants.

As a result, staff directly contact ed Planwest Partner s (Planwest). Planwest , is highly recommended by Solano LAFCo staff and offers a very specialized service not found with most planning consultants.

STAFF REPORT: Planwest is a community planning consulting firm based in Arcata, California with satellite staff in Alpine County. Planwest has been serving California communities since 1997. Planwest Partners provides community, land use, environmental, economic, and transportation planning services in addition to LAF CO staffing services for four counties in N orthern California. Planwest specializes in LAFCO staffing and support services and have prepared Municipal Service Reviews and Sphe re of Influence updates for El Dorado, Humboldt, Shasta, Del Norte, Butte, Trinity, Sonoma, Mendocino, Solano, Marin, and San Diego LAFCOs. Planwest ’s community services, land use, and economic planning experience offers a broad perspective when engaging Commissions, agencies, and stakeholders in evaluating service needs and capacity.

The Planwest team is well qualified and committed to preparing a MSR for the City of Suisun City. Development-related service reviews must demonstrate adequate service capaci ty and must include sufficient detail to evaluate the feasibility of serving addi tional development. This work, proposed under three task orders, will largely rely on analysis being completed as part of the California Environmental Quality Act Environmenta l Impact Report process th at is currently underway for both projects and the sepa rate fis cal analysis being conducted by the Goodwin Consulting Group. Planwest will undertake the following ta sks. A more detailed description of each task is included in Attachment 2.

• Task 1 – Data Collection
• Task 2 – Interpretation and Analysis
• Task 3 – Administrative Draft MSR Report
• Task 4 – Public Review Draft MSR Report
• Task 5 – Final MSR Report and Adoption

Based on the above tasks and project schedule, Planwest has e stimated the costs to prepare a MSR for a total budget not to exceed $35,040 w ith additional optional services to include preparation of a P lan for S ervice Report required as part of the annexation process , and general LAFCo application processing assistance. These additional optional tasks coupled with the MSR Item 7
24 total $55,000 as reflected in the table below and all paid by the applicant of the logis tics centers, Buzz Oates Company.

Total
Rate
Task Order 1 - Municipal Service Review $35,040.00
Task 1. Data Collection and Review $6,560.00
Task 2. Interpretation and Analysis $11,520.00
Task 3. Administrative Draft MSR/SOI Report $9,760.00
Task 4. Public Review Draft MSR/SOI Report $4,680.00
Task 5. Final MSR/SOI Report and Adoption $2,520.00
Task Order 2 - Plan for Services $11,760.00
Task 1. Coordination with LAFCO Staff $2,720.00
Task 2. Plan for Service Report $9,040.00
Task Order 3 - LAFCo Application Assistance $8,200.00
Task 1. Preparation of LAFCO Application $5,200.00
Task 2. Submit Application to LAFCO $3,000.00
Total Hours 404.00
Total Cost $55,000.00

This agenda item is only to consider approving a contract to complete a MSR and in n o way constitutes an approval of either project.

RECOMMENDATION: It is recommended that the City Council adopt Resolution No. 2022- ____: Authorizing the City Manager to exec ute a Professional Services Agreement on the City ’s behalf with Planwest to complete a Municipal Services Review.

ATTACHMENTS:

1. City Council Re solution No. 2022 -____: Authorizing the City Man ager to Execute a Professional Services Agreement on the City’s Behalf with Planwest Partners to complete a Municipal Services Review.

2. Planwest Partners Proposal

3. Professional Services Contract

Item 7
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28 RESOLUTION NO. 2022-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUISUN CITY

AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL
SERVICES AGREEMENT ON THE CITY’S BEHALF WITH PLANWEST

PARTNERS TO COMPLETE A MUNICIPAL SERVICES REVIEW

WHEREAS, the City of Suisun City is contemplating the development of two logistic centers requiring annexation into the City’s jurisdiction; and

WHEREAS, Buzz Oates Construction is proposing to annex the planned Suisun Logistics Center and Hwy 12 Logistics Center into the City of Suisun City. The Highway 12 Logistic Center is planned to be located at the southwest corner of Pennsylvania Avenue and Highway 12 and the Suisun Logistic Center is planned to be located at the southeast corner of Pettersen Road and Walters Road; and

WHEREAS, the logistics centers projects will require Planning Commission and City Council approval of planning entitlements, anticipated to be Site Plan/Design Review, a Planned Unit Development Permit, Development Agreement, Final Environmental Impact Certification, and authorization to proceed with Annexation; and

WHEREAS, w hile the approval of planning entitlements is made by Council, the authorization to process an application for annexation and the ultimate decision to detach the logistic properties from Solano County rests solely with Solano County Local Agency Formation Commission (Solano LAFCo); and

WHEREAS, the Commission must conduct a service review of municipal services which information to complete this review is in the City’s Municipal Services Review (MSR); and

WHEREAS, the City’s most recent MSR was completed June 2016 and based on the Solano LAFCo standards and procedures, the current MSR would not be acceptable when considering annexation for the logistics projects because the current review was prepared over five years ago; and

WHEREAS, it has been determined that it is necessary to hire a professional consultant to complete a Municipal Services Review for the project at the full cost of the applicant; and

WHEREAS, the City solicited a Request for Proposals (RFP) from planning consultants to complete the work for the project in late June 2022; and

WHEREAS, no proposals were received, and the solicitation period was extended an additional two weeks that resulted in no submittals; and

WHEREAS, staff directly contacted Planwest Partners based on the recommendation of Solano LAFCo; and,

Item 7
Attachment 1
27 Resolution No. 2022-__
Adopted

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WHEREAS, Planwest Partners has been serving California communities since 1997.

Planwest Partners provides community, land use, environmental, economic, and transportation planning services in addition to LAFC o staffing services for four counties in Northern California. Planwest specializes in LAFCo staffing and support services; and

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Suisun City authorizes the City Manager to execute a Professional Services Agreement on the City’s behalf with Planwest Partners to complete a Municipal Services Review and optional services for the anticipated annexation of 3.4 million square feet of industrial space within the City’s Sphere of Influence in the amount of $55,000.

PASSED AND ADOPTED at a Regular Meeting of the City Council of the City of Suisun City held on Tuesday the 20
th day of December 2022 by the following vote:

AYES: Council Members:

NOES: Council Members:

ABSENT: Council Members:

ABSTAIN: Council Members:

WITNESS my hand and the seal of said City this 20
th day of December 2022.

Anita Skinner
City Clerk
Item 7
Attachment 1
28 Proposal Submitted
to Suisun City
August 22, 2022
Municipal Service Review Preparation
Plan for Services
Annexation Application Assistance
Item 7
Attachment 2
29 Planwest Partners, Inc. [1] August 2022
Table of Contents
TABLE OF CONTENTS .............................................................................................................................................. 1 PROJECT UNDERSTANDING .................................................................................................................................... 2 FIRM OVERVIEW .................................................................................................................................................... 3 TEAM QUALIFICATIONS ......................................................................................................................................... 4 PROJECT EXPERIENCE ............................................................................................................................................. 7 SCOPE OF WORK .................................................................................................................................................. 12 BUDGET ............................................................................................................................................................... 15 TENTATIVE MSR SCHEDULE .................................................................................................................................. 16 INSURANCE .......................................................................................................................................................... 16

Item 7
Attachment 2
30 Planwest Partners, Inc. [2] August 2022
Project Understanding

The City of Suisun City is processing two applications for development of individual logistics centers, one located on the north side of State Route 12 at the eastern city boundary and the other on the south side of State Route 12 at the western city boundary. The two proposed centers are located within the current Sphere of Influence adopted by Solano LAFCO in 2017 and will require annexation to the City if approved.

The two proposed logistics centers encompass the two largest remaining development areas in the Suisun City Sphere of Influence.

In order to support the annexation application for these two areas, Planwest will prepare an update to the 2016 Municipal Services Review (MSR) with sufficient detail to determine the feasibility of serving the existing and projected development in the city with the addition of the two proposed logistics centers .

This analysis will be completed with explicit consideration of the City ’s General Plan public services policies. A separate Fiscal Impact Analysis is being pre pared by Goodwin Consulting Group and will consider the impact on the city-wide Community Facilities District fee. The Fiscal Impact Analysis findings, when completed, will be incorporated into the MSR , for conformance with Solano LAFC O annexation standards prior to City approval.

In addition to the MSR, Planwest will further assist the City’s annexation proposal by preparing a Plan for Services and associated Solano LAFC O annexation application. T he plan for services will include a discussion of topics in accordance with CKH Act Section 56653. We understand that a complete annexation application is key to streamlining the Solano LAFCO annexation process.

Item 7
Attachment 2
31 Planwest Partners, Inc. [3] August 2022
Firm Overview
Planwest Partners Inc.

Planwest Partners is a community planning consulting firm based in Arcata, CA with satellite staff in Alpine County. We have been serving California communities since 1997.

Planwest provides community, land use, environmental,
economic, and transportation planning services in addition to LAFCO staffing services for four counties in northern California. We specialize in LAFC O staffing and support services and have prepared Municipal Service Reviews (MSR) and Sphere of Influence (SOI) updates for El Dorado, Humboldt, Shasta, Del Norte, Butte, Trinity, Sonoma, Mendocino, Solano, Marin, and San Diego LAFCOs. We are committed to working collaboratively with our clients and the community to deliver outcomes that promote sound growth, economic sustainability, and environmental stewardship.

Planwest is a California “C” corporation, small business that expanded ownership to include two employees, Vanessa Blodgett and Colette Santsche, in addition to founder George Williamson. As of January 1, 2021, Vanessa and Colett e have combined majority company ownership, making Planwest a women-owned business. Planwest has assisted city, county, regional, and tribal governments; transportation planning agencies; special districts; school districts; non- profits; and private indust ry in achieving their specific goals. Our multi- disciplinary staff comprised of planners, economists, spatial analysts, technicians, and administrators offers a wide range of professional skills necessary to meet and often exceed our client’s diverse planning needs and expectations. Planwest provides a full range of planning services, including:
• LAFCO contract services and special studies
• Municipal Service Reviews and Sphere of Influence Updates • Plan for Services for changes of organization or reorganization • Regional Services Planning, Consolidations, and Governance Models • Community, General, and Specific Plans
• Strategic Plans and Visioning
• Community Outreach and Meeting Facilitation
• Environmental Planning Services – CEQA and NEPA Compliance • Geographic Information Systems (GIS) Mapping and Data Management • Land Use and Community Plans
• Hazard Mitigation and Emergency Management Planning
• Grant Writing
• Project Management
• Site Selection, Design and Feasibility Studies
We pride ourselves on serving client needs, engaging the public in visioning and place -based strategies, providing concise and engaging work products, and implementing comprehensive planning programs that serve to maximize the potential for implementation based on available and potential resources. Planwest has computer software and in-house capabilities including Microsoft Office Professional suite, Adobe CS creative suite (Photoshop, Illustrator, InDesign), Esri Geographical Information Systems (ArcGIS Desktop) software, and Google Sketchup software.

Item 7
Attachment 2
32 Planwest Partners, Inc. [4] August 2022
Team Qualifications
Key Personnel & Qualifications
The Planwest team includes professional planners, project managers, and a GIS manager with broad experience and technical expertise in overseeing LAFC o’s planning and regulatory activities. Planwest ’s community services, land use, and economic planning experience offers a broad perspective when engaging Commissions, agencies, and stakeholders in evaluating service needs and capacity. We have included qualifications of our core project team below.

Colette Santsche, AICP
Principal/Partner/Project Manager
Colette Santsche is a Principal Planner and Partner at
Planwest Partners with over 1 3 years of experience in
community, environmental and services planning. Since
2011, she has served as an LAFCo administrator and
analyst, and now serves as executive officer for both
Humboldt and Trinity LAFCos. During this time, she has
processed over 35 boundary change applications,
prepared a range of agency and service -specific MSR/SOI updates, and pr ovides ongoing technical assistance to
member agencies. More recently she has overseen the
completion of regional MSRs for fire related districts, the formation of several community services districts,
processed consolidations and complex special district
reorganizations, and prepared a range of city and special district MSR /SOI updates. She also provides technical assistance to the North Coast Resource Partnership for the development of grant applications on behalf of special
districts in the region. She works closely and effectively with elected officials and public agency staff.

Colette Santsche, Principal/ Partner

EDUCATION
Humboldt State University
B.S., Natural Resources Planning and
Interpretation, 2006

TRAINING/PROFESSIONAL AFFILIATIONS
American Institute of Certified Planners
(AICP), 2018 to present
HSU Leading Organizational and Community
Change Courses, 2017
Humboldt Area Foundation, Cascadia
Leadership Program, 2012
National Charrette Institute, Charrette
System Certificate, 2011
Item 7
Attachment 2
33 Planwest Partners, Inc. [5] August 2022
John Miller
Principal Planner
John Miller has nearly 28 years of experience working for, and consulting to, local government in land use and
environmental planning, local government organization,
and land use economics. Mr. Miller has worked as a long- range and project land use planner , analyst for a Local Agency Formation Commission, military base conversion
project manager, consulting planner for local agency land use and environmental planning and land use economics,
Tribal planner, and interim city manager. As a Senior Planner for Humboldt County, Mr. Miller served for 15 years as part of a small multi-disciplinary team to address countywide fire services capacity, assisting in all aspects of the formation of three fire protection districts, a regional fire district reorganization, and several district annexations, preparing long-range expenditure and revenue projections, service level analysis, property tax exchange agreements, and developing new special taxes to support fire protection services. In addition, Mr. Miller has completed comprehensive county general plan updates, comprehensive plan- and project-level CEQA documents, and local agency fiscal impact analyses. Mr. Miller was also a volunteer firefighter for a fire protection district for over 14 years, with extensive training and serving at various times as apparatus operator, training officer and Assistant Chief.

Krystle Heaney, AICP
Senior Planner
Krystle Heaney has eight years of experience working with local, regional, and state agencies on project coordination and regulatory compliance in both the Sierra Nevada and Northern California regions. She had key roles in the San Rafael and Novato Regional MSRs prepared for Marin LAFCo and has conducted several MSR/SOI updates for Humboldt
and Shasta LAFCos including city MSRs for Arcata, Fortuna, and Trinidad in Humboldt County. Additional MSR
experience includes El Dorado, Sonoma, San Diego, and
Contra Costa LAFCos. She has also attended workshops on MSR preparations and provides analyst and clerk services for Humboldt LAFCo which provides her with in depth
knowledge of LAFCo policies and the Cortese -Knox-
Hertzberg Act. Ms. Heaney’s background in geography
provides her with a system view of projects that allows for consideration of all project components and needs. She has proven facilitation skills on large controversial projects and can effectively communicate with regulatory staff as well as the public.

Krystle Heaney, AICP, Senior Planner

EDUCATION
California State University, Sacramento
B.A., Physical Geography, 2013

TRAINING/PROFESSIONAL AFFILIATIONS
California Planning Roundtable/ APA
Leadership Academy – 2022
American Institute of Certified Planners,
November 2020 to Present
Member - American Planning Association,
2019 to Present
AEP Intermediate CEQA Workshop - 2021
AEP Advanced CEQA Workshop – 2020
CALAFCO-U: Deep Dive into MSRs 2019

John Miller, Principal

EDUCATION
San Francisco State University
B.A., Economics, 1993

TRAINING/PROFESSIONAL AFFILIATIONS
Office of the State Fire Marshal
Fire Fighter 1 since 2013
Humboldt County Fire Safe Council
Member 2018 - 2022

Item 7
Attachment 2
34 Planwest Partners, Inc. [6] August 2022
Jason Barnes
GIS Manager
Jason Barnes will serve as the team GIS Manager and will be an integral part of preparing the MSR including making detailed maps and diagrams to provide information to the Commission. Jason has over 10 years of experience working as an analyst, technician, cartographer, programmer, and university lecturer in the GIS field. His art background and broad technical experience lends well to GIS and
cartographic visualization and communication. He has both principal and project management experience on a wide
range of projects from socio -spatial, transportation,
interactive mapping, and large area climate projects. He has been involved in activities involving many local
consulting, non-profit, and federal agencies. He is currently on the board of directors for the Bigfoot Trail Alliance and is in the process o f receiving his GIS Professional (GISP) certification through the GIS Certification Institute.

Cosette McCave
Planning Technician
Cosette McCave is a recent graduate from California
Polytechnic Humboldt. She obtained her Bachelor of
Science in Environmental Science and Management in May
2021. Since joining Planwest in the summer of 2021 she has assisted with multiple projects including preparation of Municipal Service Reviews for Shasta, Del Norte, and
Humboldt counties. She has also assisted lead staff with preparation of Humboldt Bay Harbor District permits and is currently working on a housing development fee waiver ordinance for Humboldt County. She has an understanding of basic water and wastewater systems and is able to utilize information from source documents to draft language that can be used in project descriptions and environmental
resource background sections.

Jason Barnes, GIS Analyst

EDUCATION
Humboldt State University
M.S., GIS, 2012

Northern Michigan University
B.F.A., Photography, 2002

TRAINING/PROFESSIONAL AFFILIATIONS
Database Design Course, 2018
Bigfoot Trail Alliance Secretary, 2016-
Present
ESRI Training Courses Member, ASPRS 2011
to Present
Cosette McCave, Planning Technician

EDUCATION
Humboldt State University
B.S., Environmental Science and
Management, 2021

TRAINING/PROFESSIONAL AFFILIATIONS
Board Member at Friends of the Arcata
Marsh, 2019-2021
Humboldt Bay Nuclear Waste Study for HSU
Capstone Course with Humboldt Bay
Harbor District
Item 7
Attachment 2
35 Planwest Partners, Inc. [7] August 2022
Project Experience
Planwest conducts several MSRs every year for multiple LAFCos throughout the state. Below are some examples of our work over the last 3+ years.

EL DORADO LAFCO MSR PREPARATION
Small to Medium Water and Wastewater Service Providers MSR/SOI Update Planwest is currently working with El Dorado LAFCo staff on preparation of the Small to Medium Water and Wastewater Service Providers MSR/SOI Update. This update provides detailed service review for Georgetown Divide Public Utility District, South Tahoe Public Utility District, and Grizzly Flats Community Services District. Project tasks have included coordinating with agency staff on development and review of draft agency profiles, assessment of the financial standing for each agency, and coordination wit h the El Dorado LAFCo subcommittee on review of the draft document. During preparation of the MSR, the Caldor fire severely impacted Grizzly Flats CSD, and South Tahoe PUD was impacted by both the Tamarack and Caldor fires. This required additional coordination with both districts to assess potential long -term impacts from the fires.

Contact: Erica Sanchez, El Dorado LAFCo Interim Executive Officer Address: 550 Main Street, Suite E, Placerville, CA 95667 Phone: (530) 295-2707
Email: [email protected]
Dates: Summer 2021 to Present

SAN DIEGO LAFCO MSR PREPARATION
City of Poway MSR/SOI Update
Planwest, working with San Diego LAFCo staff, prepared the City of Poway MSR /SOI Update in 2020-21.

The City of Poway provides water treatment and distribution, wastewater collection and treatment, fire protection and emergency medical service, street and sidewalk maintenance, storm water and flood control, parks and recreation services, and community planning within its jurisdictional boundaries. The City does not provide water service to any adjacent unincorporated communities but does contract with nearby City of Escondido and City of San Diego to treat its wastewater. The City covers approximately 39.1 square miles (25,024 acres) and is located in northeast San Diego County. The SOI is larger than City boundaries and includes 2,114 acres of non-jurisdictional land. As a sample of our work, the City of Poway MSR/SOI update is included as an attachment to our proposal.

Contact: Keene Simonds, San Diego LAFCo Executive Officer Address: 9335 Hazard Way, Suite 200 San Diego, CA 92123 Phone: (858) 614-7755
Email: [email protected]
Dates: 2020-21

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36 Planwest Partners, Inc. [8] August 2022
Ramona Municipal Water District MSR/SOI Update
Planwest, working with San Diego staff, prepared an administrative draft of the Ramona Municipal Water District MSR/SOI update in 2020. Ramona MWD provides potable water, irrigation, recycled water, sewer, and recreation services to the greater Ramona area including San Diego Country Estates. The draft MSR included detailed analysis of the provision of services over a five-year report period based on information obtained from the District and available demographics for the region. Planwest staff assisted in calculating trends over the five- year period and developing determinations regarding the level of services for the District.

Contact: Keene Simonds, San Diego LAFCo Executive Officer Address: 9335 Hazard Way, Suite 200 San Diego, CA 92123 Phone: (858) 614-7755
Email: [email protected]
Dates: 2020-21
Solano LAFCO MSR PREPARATION
Water Districts MSR
Planwest prepared a MSR for Rural North Vacaville Water District (RNVWD) and Maine Prairie Water District (MPWD) in 2015. RNVWD was formed to address the lack of adequate available water from private wells within the rural North Vacaville area, which includes the Cantelow Road, English Hills, Gibson Canyon, and Steiger Hill areas. RNVWD provides water services for domestic and fire protection purposes.

The MPWD provides agricultural water and irrigation for farming operations from three sources: the Solano Project, an agreement with the Solano Irrigation District (SID), and local surface water rights.

Planwest reviewed existing water JPA’s for shared services opportunities and recommended development of a capital improvement plan (CIP) as a tool to coordinate capital improvement purchases, timing and financing over a multi- year period. Planwest prepared detailed agency profile s, including service area overviews, infrastructure and capacity analysis, 5-year budget summaries , and governance information for each district.

Contact: Rich Seithel, Solono LAFCo Executive Officer
Address: 675 Texas St. Suite 6700
Fairfield, CA 94533
Phone: (707) 439-3897
Email: [email protected]
Dates: 2015

TRINITY LAFCO MSR PREPARATION
Trinity PUD MSR/SOI Update
Planwest, as Trinity LAFCo staff, recently prepared the Trinity Public Utility District MSR/SOI update.

Trinity PUD is the owner and operator of hydroelectric systems along the Trinity River and distributes power to approximately 12,000 consumers in a 2,200 square mile area in Trinity County.

Under the 1955
Trinity River Division Act, Trinity County residents are entitled to 25 percent of energy produced at Item 7
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37 Planwest Partners, Inc. [9] August 2022
the plants, at cost. As part of the MSR/SOI update, Planwest reviewed the District’s entitlement relative to the total annual retail load and peak usage of the electric system. Planwest also documented the District’s efforts to reduce fire risk to the surrounding communities and public lands, as well as to increase electric reliability to maintain critical services in local communities. With 85 percent of Trinity County served by TPUD, Planwest documented the electric service grid outside of the District’s service area and developed MSR and SOI determinations based on the District’s present and planned capacity and level of services.

Contact: Paul Hauser, General Manager
Alternate Contact: Sarah Sheetz, Administrative Services Manager
Address: 26 Ponderosa Lane, Weaverville, CA 96093
Phone: (530) 623-5536
Email: [email protected]
Dates: 2020-21

Weaverville CSD MSR/SOI Update
Planwest, as Trinity LAFCo staff, recently prepared the Weaverville Community Services District MSR/SOI update in 2020 -21. Weaverville CSD provides water storage, treatment, and distribu tion to 3,554 customers in Weaverville and adjacent communities, with a total of 1,640 water service connections. As part of this MSR/SOI update, a SOI reduction was evaluated and approved to follow parcel lines and avoid 341 acres of open space designated territory that would not require the extension of urban services.

Planwest worked with the District to evaluate SOI changes relative to planned uses, county land use policy, and anticipated need for water services.

Contact: Tim Kasper, General Manager
Address: 716 Main Street, Weaverville, CA 96093
Phone: (530) 623-5051
Email: [email protected]
Dates: 2020-21

HUMBOLDT LAFCO MSR PREPARATION
Big Lagoon CSD MSR/SOI Update
Big Lagoon CSD is currently responsible for providing potable water service throughout the District and is primarily funded through user fees. Planwest worked closely with the district to document capital improvements to the system including increased storage capacity to meet CAL FIRE recommended fire flow storage amounts. Planwest also proposed changes to the SOI to better align the SOI with parcels receiving water service outside the District’s boundary. (https://humboldtlafco.org/wp-co ntent/uploads/Big-Lagoon- MSR_Adopted-3-17-21-1.pdf)
Contact: William Wenger
Address: PO Box 847, Trinidad, CA 95570
Phone: (707) 677-2008
Email: [email protected]
Dates: 2020-21
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City of Fortuna MSR/SOI Update
As Humboldt LAFCo staff, Planwest prepared the 2021 City of Fortuna MSR/SOI Update. Fortuna is a rural city located on the banks of the Eel River with a population of approximately 12,000. The City offers a range of municipal services including water, wastewater, street maintenance, police, and parks and recreation. Planwest worked closely with City staff to accurately document the current state of city services including recent impacts experienced from the Covid -19 pandemic such as fluctuating income, budget concerns, and changes to recreation opportunities. Most notably the MSR discussed the City's planned relocation of wastewater dispersal fields, updates on planned police department ren ovations, and traffic concerns in the southern portion of the City. In addition to standard services, Planwest also included a discussion of emergency preparedness and a tribal land acknowledgement to honor the area's original inhabitants. (https://humboldtlafco.org/wp-content/uploads/Fortuna-MSR-Adopted_1-20-21.pdf) Contact: Liz Shorey, Deputy Director of Community Development Address: P.O. Box 545, Fortuna, CA 95540
Phone: (707) 725-1408
Email: [email protected]
Dates: 2020-21

City of Arcata and Jacoby Creek CWD MSR/SOI Updates
Planwest recently prepared the City of Arcata and Jacoby Creek County Water District MSR/SOI updates.

The City of Arcata provides a wide range of services including water, wastewater, law enforcement, street maintenance, parks and recreation, and other miscellaneous services. Most notably, the City has an agreement with the Jacoby Creek CWD for management, control and maintenance of the District’s water system until the outstanding debt from a Davis-Grunsky loan obtained to construct the distribution system is fully paid off. Planwest staff worked with the City and District to document the shared services agreements and included conditions on the District SOI to include a plan of succession for when payoff of the Davis-Grunsky loan occurs. Additionally, the City operates a unique wastewater treatment facility on Arcata Bay and includes the use of a marsh system to treat wastewater. Many of the components of the facility are nearing the end of their useful life and the City is in the process of planning and implementing updates. Planwest was able to document planned facility upgrades in relation to expected demand in addition to highlighting City strategies for accommodating sea level rise in project plans. (
https://humboldtlafco.org/wp-content/uploads/Arcata-MSR_Adopted-11-18-20.pdf) (https://humboldtlafco.org/wp-content/uploads/Jacoby-Creek-MSR_Adopted-9-16-2020.pdf) Contact Person: David Loya, Community Development Director Address : 736 F Street, Arcata, CA 95521
Phone: (707) 825-2045
Email: [email protected]
Dates: 2019-2020

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SONOMA LAFCO MSR PREPARATION
Timber Cove County Water District
Planwest Partners was contracted by Sonoma LAFCo to conduct a MSR/SOI Update and preliminary rate analysis for the Timber Cove County Water District. This MSR was requested by homeowners in the District who were concerned about the governance and financial management of the District. Planwest staff was able to gather information on the District from web resources and though coordination with District staff. Though our independent and impartial analysis we were able to document prior issues with District management and the current activities the District is taking to correct those issues. This resulted in specific recommendations for the District which include a follow up report on District finances after the completion of several outstanding audits. (
http://sonomalafco.org/Projects-and-Proposals/Timber-Cove-MSR-Project- Sept-2020/)

Contact Person: Mark Bramfitt, Executive Officer Sonoma LAFCo Address: 111 Santa Rosa Avenue, Ste 240, Santa Rosa, CA 95404 Phone: (707) 565-2577
Email: [email protected]
Dates: Jan-Oct 2020

SHASTA LAFCO MSR PREPARATION
Igo-Ono Community Services District
As Shasta LAFCo staff, Planwest recently prepared the draft Igo-Ono Community Services District MSR/SOI Update. The Igo -Ono CSD owns and operates raw water storage and delivery systems in rural Shasta County. This includes Misslebeck Dam, Hoover Diversion Structure, Rainbow Tunnel, and the Happy Valley Irrigation Canal. The canal, which consists of approximately 17 miles of ditches and flumes, dates back to the gold rush era and provides raw water to 70 service connections. As part of the MSR, Planwest discussed the need for a reliable source of potable water in the region and potential governance options to help satisfy this need.

Contact Person: John Moore, Board Chairman
Address: Private Residence
Phone: Private Number
Email: [email protected]
Dates: 2020-2021

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40 Planwest Partners, Inc. [12] August 2022
Scope of Work
The Planwest team is well qualified and committed to preparing a MSR for the City of Suisun City. We understand that this development driven MSR will accompany an annexation application to Solano LAFCO.

Development-related s ervice reviews must demonstrate adequate service capacity and must include sufficient detail to evaluate the feasibility of serving additional development. This work, proposed under three task orders, will largely rely on analysis being completed as part of the California Environmental Quality Act Environmental Impact Report process that is currently underway for both projects and the separate fiscal analysis being conducted by the Goodwin Consulting Group.

TASK ORDER 1 – MUNICIPAL SERVICE REVIEW (MSR)
Task 1 - Data Collection
Planwest will hold a kick -off meeting (remotely) with Suisun City staff to review the scope and schedule and address any questions or process items prior to work commencement. In coordination with city staff, Planwest will determine what data is currently available and what additional information is needed to address the seven factors in GC §56430. This may include but is not limited to interviews and research of existing information and documents, including but not limited to the following:
• Suisun City General Plan policies related to public services, open space, land u se, development, and more
• Suisun City Fire Department Needs Assessment, Fitch & Associates, LLC, January 2020 • Police Department Staffing and Facility Assessment, Suisun City, California, Matrix Consulting Group, March 2021
• Internal City Memorandum on Polic e Service Demands Relating to Proposed Logistics Centers June 2022
• Internal City Memorandum on Fire Service Demands Relating to Proposed Logistics Centers, June 2022
• CEQA documents including notice of preparation, agency comments, and technical reports for the two proposed logistics centers
• Draft Fiscal Impact Analysis by Goodwin Financial
• Suisun City budgets and audits
• Shared services or s ervice agreements with other service providers responsible for proving garbage, water or sewer to the city (e.g., Solano Irrigation District, Suisun-Solano Water Authority) o Review SSWA Urban Water Management Plan
o SID Groundwater Sustainability Plan
• Capital Improvement Plans, infrastructure and services related plans and documents Task 2 - Interpretation and Analysis
Based on the research conducted in Task 1, Planwest will interpret and analyze information to determine the level of service, availability, and capacity of services provided for the existing and projected development in the city with the addition of the two proposed logistics centers. This services analysis will draw conclusions on service needs with explicit consideration of the City General Plan public services policies. Planwest will work with city staff to request information necessary to prepare an agency profile and make statutorily required determinations. The agency profile will describe city specific information, such as its location, history, number of employees, structure, the services it provides, and figures of the Item 7
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41 Planwest Partners, Inc. [13] August 2022
existing city boundary and SOI boundary. Demographic and land use information, including documenting disadvantaged status, within and adjacent to the current SOI will be compiled. Planwest will meet with Suisun City staff to review the draft agency profile and make needed revisions.

Task 3 - Administrative Draft MSR Report
Planwest will produce an Administrative Draft MSR with appropriate and actionable recommendations for city staff and departmental review. The Administrative Draft MSR will be organized in a way that is both readable and suitable for use by elected and appointed officials, service providers, and the public.

We will present issues in the most succinct manner possible while including necessary content and ensuring readability including:
o Background section (CKH Overview, purpose and study methodology as presented in the scope of work).
o Brief description of MSR and current SOI study area and affected providers o Project description and services overview for the two proposed logistics centers o Summary of important issues, policies, conclusions, and analyses by evaluation category o Service level/industry standards comparison tables
o Draft MSR determinations and recommendations
Completion of the Administrative Draft MSR will rely heavily on the Draft EIRs to make conclusions regarding the City’s ability to provide municipal services to the proposed logistics facilities . Once the Administrative Draft MSR is complete, Planwest will meet with city staff and address departmental comments. The revised Administrative Draft MSR will then be sent to Solano LAFCO for review. Planwest will hold a joint meeting with Suisun City and Solano LAFCO staff to discuss any significant issues identified and review draft determinations.

Task 4 - Public Review Draft MSR Report
Based on Suisun City and LAFCO review and comments, Planwest will prepare a Public Review Draft MSR that includes proposed findings, determinations, and recommendations. We will also help facilitate review of the draft report by the Planning Commission and City Council, affected/interested agencies, and the public. This will include virtual attendance and presentation at two public hearings with the Planning Commission and City Council as needed. Planwest will also be available to virtually attend and present the draft report as a public workshop item at a Solano LAFCO Commission meeting as requested.

Task 5 - Final MSR Report and Adoption
Based on comments received during the agency and public review period, Planwest will prepare a F inal MSR addressing comments from the Planning Commission and City Council meetings, Solano LAFCO Commission, affected/interested agencies , and the public, including findings, determinations , and recommendations. This will also include a tracking sheet of comments received and responses to comments, as necessary. Planwest will then virtually attend and present the final report at a public hearing of the Planning Commission and City Coun cil. We recommend that the City Council’s recommendation to forward the MSR to Solano LAFCO be concurrent with Resolution of Application approval, including the LAFCO Application Form and Plan for Services (optional Planwest Task Orders).

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42 Planwest Partners, Inc. [14] August 2022
OPTIONAL TASK ORDER 2 – Plan for Service Report (PFS)
Task 1 – Coordination with LAFCO Staff
Planwest will work closely with Solano LAFCO staff to coordinate preparation of a Plan for Services that will be submitted as part of the annexation application. While the Plan for Service requirements are outlined in Section 56653 of the CKH Act, each individual LAFCO may have additional requirements based on their policies. Working with LAFCO staff will ensure that all requirements are included in the plan before submittal.

Task 2 – Plan for Service Report
Planwest will utilize information gathered as part of the MSR, EIR, and financial review processes to prepare the Plan for Service as outlined in the CKH Act. This will include the following sections:
• An enumeration and description of the services currently provided or to be extended to the affected territory.
• The level and range of those services.
• An indication of when those services can feasibly be extended to the affected territory, if new services are proposed.
• An indication of any improvement or upgrading of structures, roads, sewer or wa ter facilities, or other conditions the local agency would impose or require within the affected territory if the change of organization or reorganization is completed.
• Information with respect to how those services will be financed.

The plan will also include any additional information requested by Solano LAFCO. The draft plan will be provided to Suisun City staff for review and comment before being finalized and submitted as part of the annexation application.

OPTIONAL TASK ORDER 3 – LAFCO Application Assistance
Task 1 – Preparation of LAFCO Application
Planwest will coordinate with Suisun City staff and Solano LAFCO staff to develop the necessary documentation required for the annexation application. This will include coordination of the following:
• Resolution of Application (to be drafted by Planwest) • Required maps and legal descriptions (to be completed by surveyor) • Pre-zoning (to be completed by City staff)
• Plan for Services (Task Order 2)
• CEQA documentation (EIR completed by AECOM and certified by the City) Planwest will compile all the required documents into a single application package for submittal to Solano LAFCO. Planwest will ensure all applicable Solano LAFCO policies are addressed in the LAFCO Application.

Task 2 – Submit Application to LAFCO
Planwest will submit the complete application package to Solano LAFCO on behalf of Suisun City. We will then remain available to answer questions and coordinate with LAFCO staff on review of the application.

Planwest staff will also be available to attend (virtually) the LAFCO public hearing for the application.

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43 Planwest Partners, Inc. [15] August 2022
Budget
Based on the above tasks and project schedule, Planwest has estimated the costs to prepare a MSR for a total budget not to exceed $35,040 for Task Order 1 . A cost by task summary is included below. The budget assumes virtual attendance at meetings. A breakdown of project costs including hourly rates is provided below. Optional Task Orders 2 and 3 are also included below for reference.

Principal/
Project Mgr
C. Santsche
Principal
Planner
J. Miller
Senior
Planner
K. Heaney
GIS Manager
J. Barnes
Planning
Technician
C. McCAve
Expense Total
Rate $140 $140 $120 $100 $80
Task
Order 1 - Municipal Service Review $35,040.00
Task 1. Data Collection and Review 8.00 8.00 8.00 8.00 32.00 $6,560.00 T
ask 2. Interpretation and Analysis 16.00 16.00 24.00 16.00 32.00 $11,520.00 Task 3. Administrative Draft MSR/SOI Report 16.00 16.00 32.00 8.00 8.00 $9,760.00 Task 4. Public Review Draft MSR/SOI Report 8.00 8.00 8.00 8.00 8.00 $40 $4,680.00 Task 5. Final MSR/SOI Report and Adoption 4.00 4.00 8.00 4.00 $40 $2,520.00 Task Order 2 - Plan for Services $11,760.00
Task 1. Coordination with LAFCO Staff 16.00 4.00 $2,720.00 Task 2. Plan for Service Report 16.00 20.00 16.00 8. 00 16.00 $9,040.00 Task Order 3 - LAFCo Application Assistance $8,200.00
Task 1. Preparation of LAFCO Application 16.00 4.00 8.00 8.00 8.00 $5,200.00 T
ask 2. Submit Application to LAFCO 16.00 4.00 2.00 $3,000.00 Total Hours 84.00 72.00 100.00 52.00 96.00 404.0 0
Total Cost $11,760.00 $10,080.00 $12,000.00 $5,200.00 $7,680.00 $80.00 $55, 000.00 Item 7
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44 Planwest Partners, Inc. [16] August 2022
Tentative MSR Schedule
Timing of each work task is contingent on authorization by September 30, 2022. Completion of the Administrative Draft MSR will also rely on completion of the Draft EIR being prepared by AECOM. A tentative timeline is provided below based on completion of the Draft EIR by January 2022. The schedule assumes three weeks for city staff review of major documents.

TASK DESCRIPTION COMPLETION DATE
1 Data Collection Oct – Dec 2022
2 Interpretation and Analysis Dec 2022 – Feb 2023
3 Administrative Draft MSR Report March 2023
4 Public Review Draft MSR Report April 2023
5 Final MSR Report and Adoption June 2023

Insurance
Planwest will maintain during the term of the project the following general and professional liability insurance in the following amounts:
• Commercial General Liability: $1,000,000 combined single limit coverage. • Business Automobile Insurance: $1,000,000 per accident. • Workers Compensation Insurance: $1,000,000 per accident for bodily injury or disease. • Errors and Omissions Professional Liability Insurance: $1,000,000 per claim and $2,000,000 aggregate.

Prior to commencing services, Planwest will furnish certificates of insurance showing the coverage required above and any additional coverage as requested.

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46 01107.0001/630259.1 1

CONTRACT SERVICES AGREEMENT

By and Between

CITY OF SUISUN CITY

and
Planwest Partners

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47 01107.0001/630259.1

AGREEMENT FOR CONTRACT SERVICES
BETWEEN THE CITY OF SUISUN CITY AND PLANWEST PARTNERS INC.

CONSULTING GROUP
THIS AGREEMENT FOR CONTRACT SERVICES (herein “Agreement”) is made and entered into on December 20, 2022, by and between the CITY OF SUISUN CITY, a California municipal corporation (“ City”) and Planw est Partners Inc., a (“Consultant” ). City and Consultant may be referred to, individually or collectively, as “Party” or “Parties.”

RECITALS
A. City has sought, by issuance of a Request for Proposals or Invitation for Bids, the performance of the services defined and described particularly in Article 1 of this Agreement.

B. Consultant , following submission of a proposal or bid for the performance of the services defined and described particularly in Article 1 of this Agreement, was selected by the City to perform those services.

C. Pursuant to the City of Suisun City Municipal Code, City has authority to ente r into and execute this Agreement.

D. The Parties desire to formalize the selection of Consultant for performance of those services defined and described particularly in Article 1 of this Agreement and desire that the terms of that performance be as particularly defined and described herein.

OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the mutual promises and covenants made by the Parties and contained herein and other consideration, the value and adequacy of which are hereby acknowledged, the parties agree as follows:

ARTICLE 1. SE RVICES OF CONSULTANT

1.1 Scope of Services.

In compliance with all terms and conditions of this Agreement, the Consultant shall provide those services specified in the “ Scope of Services ” attached hereto as Exhibit “A” and incorporated herein by this reference, which may be r eferred to herein as the “services” or “work” hereunder. As a material inducement to the City entering into this Agreement, Consultant represents and warrants that it has the qualifications, experience, and facili ties necessary to properly perform the services required under this Agreement in a thorough, competent, and professional manner, and is experienced in performing the work and services contemplated herein. Consultant shall at all times faithfully, competently a nd to the best of its ability, experience and talent, perform all services described herein. Consultant covenants that it shall follow the highest professional standards in performing the work and services required hereunder and that all materials will be both of good quality as well as fit for the purpose intended. For purposes of this Agreement, the phrase “ highest professional standards ” shall mean those Item 7
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standards of practice recognized by one or more first -class firms performing similar work under similar circumstances.

1.2 Consultant’s Proposal.

The Scope of Service shall include the Consultant’ s scope of work or bid which shall be incorporated herein by this reference as though fully set forth herein. In the event of any inconsistency between the terms of such proposal and this Agreement, the t erms of this Agreement shall govern.

1.3 Compliance with Law.

Consultant shall keep itself informed concerning, and shall render all services hereunder in accordance with , all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local governmental entity having jurisdiction in effect at the time service is rendered.

1.4 California Labor Law.

If the Scope of Services includes any “public work” or “maintenance work,” as those terms are defined in California Labor Code section 1720 et seq. and California Code of Regulations, Title 8, Section 16000 et seq. , and if the total compensation is $1,000 or more, Consultant shall pay prevailing wages for such work and comply with the requireme nts in California Labor Code section 1770 e t seq. and 1810 et seq ., and all other applicable laws, including the following requirements:
(a) Public Work. T he Parties acknowledge that some or all of the work to be performed under this Agreement is a “public work ” as defined in Labor Code Section 1720 a nd that this Agreement is therefore subject to the requirements of Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code relating to public works contracts and the rules and regul ations established by the Department of I ndustrial Relations (“DIR”) implementing such statutes. The work performed under this Agreement is subject to compliance monitoring and enforcement by the DIR. Consultant shall post job site notices, as prescribed by regulation.
(b) Prevailing Wages . C
onsultant shall pay prevailing wages to the extent
required by Labor Code Section 1771. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages are on file at City Hall and will be made avai lable to any interested party on request. B y initiating any work under this Agreement, Consultant acknowledges receipt of a copy of the Department of Industrial Relations (DIR) determination of the prevailing rate of per diem wages, and Consultant shall post a copy of the same at each job site where work is performed under this Agreement.
(c) Penalty for Failure to Pay Prevailing Wages. C
onsultant shall comply with
and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The Consultant shall, as a penalty to the City, forfeit two hundred dollars ($200) for each calendar Item 7
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49 01107.0001/630259.1 3
day, or portion thereof, for each worker paid less than the prevai ling rates as determined by the DIR for the work or craft in which the worker is employed for any public work done pursuant to this Agreement by Consultant or by any subcontractor.
(d) Payroll Records . Consultant shall comply with and be bound by the provisions of Labor Code Section 1776, which require s Consultant and each subconsultant to:
keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776; certify and make such payroll records available for in spection as provided by Section 1776; and inform the City of the location of the records. (e) Apprentices. Consultant shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6, and 1777.7 and California Code of Regulations T itle 8, Section 200 et seq. concerning the employment of apprentices on public works projects.

Consultant shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations. Prior to commencing work under this Agreement, Consu ltant shall provide City with a copy of the information submitted to any applicable apprenticeship program.

Within sixty (60) days after concluding work pursuant to this Agreement, Consultant and each of its subconsultants shall submit to the City a ve rified statement of the journeyman and appr entice hours performed under this Agreement.
(f) Eight-Hour Work Day. Consultant acknowledges that eight (8) hours labor constitutes a legal day's work. Consultant shall comply with and be bound by Labor Code Section 1810.
(g) Penalties for Excess Hours. C onsultant shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. The Consultant shall, as a penalty to the City, forfeit twenty -five dollars ($ 25) for each worker employed in the performance of this Agreement by the Consultant or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code.

Pursuant to Labor Code section 1815, work performed by employees of Consultant in excess of eight (8) hours per day, and forty (40) hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of 8 hours per day at not less than one and one-half (1½) times the basic rate of pay.
(h) Workers’ Compensation. Ca
lifornia Labor Code Sections 1860 a nd 3700
provide that every employer will be required to secure the payment of compensation to its employees if it has employees. In accordance with the provisions of California Labor Code Section 1861, Consultant certifies as follows:
“I am aware of the pr ovisi
ons of Section 3700 of the Labor Code which require
every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before c ommencing the performance of the work of this contract.”
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Consultant’s Authorized Initials ________
(i) Consultant ’s Responsibility for Subcontractors. For every subcontractor who will perform work under this Agreement, Consultant shall be responsible for s uch subcontractor's compliance with Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code, and shall make such compliance a requirement in any contract with any subcontractor for work under this Agreement. Consultant sha ll be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor's compliance, including without limitation, conducting a review of the certified payroll records of the subcontractor on a periodic basis or upon becom ing aware of the failure of the subcont ractor to pay his or her workers the specified prevailing rate of wages. Consultant shall diligently take corrective action to halt or rectify any such failure by any subcontractor.

1.5 Licenses, Permits, Fees and Assessmen
ts.

Consultant shall obtain at its so le cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement.

Consultant shall have the sole obligation to pay for any fees, ass essments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Consultant’ s performance of the services required by this Agreement, and shall indemnify, defend and hold harmless City, its offic ers, employees or agents of City, against any such fees, assessments, taxes , penalties or interest levied, assessed or imposed against City hereunder.

1.6 Familiarity with Work.

By executing this Agreement , Consultant warrants that Consultant (i) has thoroughly investigated and considered the scope of services to be performed, (ii) has carefully considered how the services should be performed, and (iii) fully understands the facilities, difficulties and restrictions attending performance of the services unde r this Agreement. If the services involve work upon any site, Consultant warrants that Consultant has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of services hereunder. Should the Consultant discover any latent or unknown conditions, which will materially affect the performance of the services hereunder, Consultant shall immediately inform the City of such fact and shall not proceed except at Consultant’ s risk until written instru ctions are received from the Contract Officer.

1.7 Care of Work.

The Consultant shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work, and the equipment, materials, papers, documents, plans, studies and/or oth er components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as may be caused by City’s own negligence.

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1.8 Further Responsibili ties of Parties.

Both parties agree to us e reasonable care and diligence to perform their respective obligations under this Agreement. Both parties agree to act in good faith to execute all instruments, prepare all documents and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. Unless hereafter specified, neither party shall be responsible for the service of the other.

1.9 Additional Services.

City shall have the right at any time during the performance of the servic es, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written order is first given by the Contract Officer to the Consultant, incorporating therein any adjustment in (i) the Contract Sum for the actual costs of the extra work, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Consu ltant. Any increase in compensation of up to ten percent (10%) of the Contract Sum or $25,000, whichever is less; or , in the time to perform of up to one hundred eighty (180) days, may be approved by the Contract Officer . Any greater increases, taken eit her separately or cumulatively, must be approved by the City Council. It is expressly understood by Consultant that the provisions of this Section shall not apply to services specifically set forth in the Scope of Services. Consultant hereby acknowledges t hat it accepts the risk that the services to be provided pursuant to the Scope of Services may be more costly or time consuming than Consultant anticipates and that Consultant shall not be entitled to additional compensation therefor. City may in its sole an d absolute discretion have similar work done by other Consultants. No claims for an increase in the Contract Sum or time for performance shall be valid unless the procedures established in this Section are followed.

1.10 Special Requirements.

Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the “ Special Requirements ” attached hereto as Exhibit “B” and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit “B” and any other provisions of this Agreement, the provisions of Exhibit “B” shall govern.

ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT.

2.1 Contract Sum.

Subject to any limitations set forth in this Agreement, City agrees to pay Consultant the amounts specified in the “ Schedule of Compensation” attached hereto as Exhibit “C” and incorporated herein by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed $55,000.00 (Fifty Five Thousand Dollars ) (the “Contract Sum”), unless additional compensation is approved pursuant to Section 1.9.

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2.2 Method of Compensation.

The method of compensation may include: (i) a lump sum payment upon completion; (ii) payment in accordance with specified tasks or the percentage of completion of the ser vices, less contract retention; (iii) payment for time and materials based upon the Consultant’ s rates as specified in the Schedule of Compensation, provided that (a) time estimates are provided for the performance of sub tasks, (b) contract retention is m aintained, and (c) the Contract Sum is not exceeded; or (iv) such other methods as may be specified in the Schedule of Compensation.

2.3 Reimbursable Expenses.

Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, telephone expenses, and travel expenses approved by the Contract Officer in advance, or actual subcontractor expenses of an approved subcontractor pursuant to Section 4.4, and only if specified in the Schedule of Compensation. The Contract Sum shall include the attendance of Consultant at all project meetings reasonably deemed necessary by the City.

Coordination of the performance of the work with City is a critical component of the services. If Consultant is required to attend additional meetings to faci litate such coordination, Consultant shall not be entitled to any additional compensation for attending said meetings.

2.4 Invoices.

Each month Consultant shall furnish to City an original invoice for all work performed and expenses incurred during the precedi ng m onth in a form approved by City’ s Director of Finance. By submitting an invoice for payment under this Agreement, Consultant is certifying compliance with all provisions of the Agreement. The invoice shall contain all information specified in Exhibit “ C”, and shall detail charges for all necessary and actual expenses by the following categories: labor (by sub -category), travel, materials, equipment, supplies, and sub - contractor contracts. Sub-contractor charges shall also be detailed by such categories. Consultant shall not invoice City for any duplicate services performed by more than one person.

City shall i ndependently review each invoice submitted by the Consultant to determine whether the work performed and expenses incurred are in compliance with th e provisions of this Agreement. Except as to any charges for work performed or expenses incurred by Consultant which are disputed by City, or as provided in Section 7.3, City will use its best efforts to cause Consultant to be paid within forty- five (45) day s of receipt of Consultant’ s correct and undisputed invoice; however, Consultant acknowledges and agrees that due to City warrant run procedures, the City cannot guarantee that payment will occur within this time period. In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Consultant for correction and resubmission. Review and payment by City for any invoice provided by the Consultant shall not constitute a waiver of any rights or remedies provided herein or any applicable law.

2.5 Waiver.

Payment to Consultant for w ork performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Consultant.

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ARTICLE 3. PE RFORMANCE SCHEDULE

3.1 Time of Essence.

Time is of the essence in the performance of this Agreement.

3.2 Schedule of Performance.

Consultant shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the “Schedule of Perform ance” attached hereto as Exhibit “D” and incorporated herein by thi s reference. When requested by the Consultant , extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer but not exceeding one hundred eighty (180) days cumulatively.

3.3 Force Majeure.

The time period(s) specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes be yond the control and without the fault or negligence of the Consultant, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City , if the Consultant shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Contract Officer such delay is justified. The Contract Officer ’s determination shall be final and conclusive upon the parties to this Agreement. In no event shall Consultant be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Consultant’ s sole remedy being extension of the A greement pursuant to this Section.

3.4 Term.

Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect until completion of the services but not exceeding two years from the date hereof, excep t as otherwise provided in the Schedule of Performance (Exhibit “D”). The City may, in its sole discretion, extend the Term for an additional one-year term.

ARTICLE 4. COORDI NATION OF WORK

4.1 Representatives and Personnel of Consultant.

The following principals of Consu ltant (“Principals”) are hereby designated as being the principals and representatives of Consultant authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith:

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(Name) (Title)

(Name) (Title)
It is expressly understood that the experience, knowledge, capability and reputation of the foregoing principals were a substantial inducement for City to enter into this Agreement.

Therefore, the foregoing principals shall be r esponsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services hereunder. All personnel of Consultant , and any authorized agents, shall at all times be under the e xclusive direction and control of the Principals. For purposes of this Agreement, the foregoing Principals may not be replaced nor may their responsibilities be substantially reduced by Consultant without the express written approval of City. Additionally, Consultant shall utilize only competent personnel to perform services pursuant to this Agreement. Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant’ s staff and subcontractors, if any, assigned to perform the services required under this Agreement.

Consultant shall notif y City of any changes in Consultant’s staff and subcontractors, if any, assigned to perform the services required under this Agreement, prior to and during any such performance.

4.2 Status of Cons ultant.

Consultant shall have no authority to bind City in any manner, or to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City. Consultant shall not at any time or in any manner represent that Consultant or any of Consultant’ s officers, employees, or agents are in any manner officials, officers, employees or agents of Ci ty. Neither Consultant, nor any of Consultant’s officers, employees or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City ’s employees. Consultant expressly waives any claim Consultant may have to any such rights.

4.3 Contract Officer.

The Contract Officer shall be Jim Bermudez, Development Services Director , or such person as may be designated by the City Manager . It shall be the Consultant’s responsibility to assure that the Contract Officer is k ept informed of the progress of the performance of the services and the Consultant shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer . The Contract Officer shall have authority, if specified in writing by the City Manager, to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement.

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4.4 Independent Consultant.

Neither the City nor any of its employees shall have any control over the manner, mode or means by which Co nsultant, its agents or employees, perform the services required herein, except as otherwise set forth herein. City shall have no voice in the selection, disc harge, supervision or control of Consultant’s employees, servants, representatives or agents, or in fixing their number, compensation or hours of service. Consultant shall perform all services required herein as an independent contractor of City and shall re main at all times as to City a wholly independent contractor with only such obligations as are c onsistent with that role. Consultant shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. C ity shall not in any way or for any purpose become or be deemed to be a partner of Consultant in its business or otherwise or a joint venturer or a member of any joint enterprise with Consultant.

4.5 Prohibition Against Subcontracting or Assignment.

The ex perience, knowledge, capability and reputation of Consultant , its principals and employees were a substantial inducement for the City to enter into this Agreement. Therefore, Consultant shall not contract with any other entity to perform in whole or in par t the services required hereunder without the express written approval of the City . In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether f or the benefit of creditors or otherwise, without the prior written approval of City . Transfers re stricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present owners hip and/or control of Consultant, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release the Consultant or any surety of Consultant of any liability hereunder without the express consent of City.

ARTICLE 5. INS

URANCE AND INDEMNIFICATION

5.1 Insurance Coverages.

Without limiting Consultant’s indemnification of City, and prior to commencement of any services under this Agreeme nt, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City.
(a) General liability insurance . C
onsultant shall mai ntain commercial general
liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property da mage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.
(b) Automobile liability insurance. Consultant shall maintain automobile insurance at le ast as broad as Insurance Services Office form CA 00 01 covering bodily injury Item 7
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and property damage for all activities of the Consultant arising out of or in connection with Services to be performed under this Agreement, including coverage for any owned, hi red, non- owned or rented vehicles, in an amount not less than $1,000,000 combined single limit f or each accident.
(c) Professional liability (errors & omissions) insurance . C onsultant shall maintain professional liability insurance that covers the Servic es to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement and Consultant agrees to maintain continuous coverage through a period no less than three (3) years after completion of the services required by this Agreement. (d) Workers’ compensation insurance. Consultant shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000).
(e) Subcontractors . Cons ultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall include all of the requirements stated herein.
(f) Additional Insurance. Policies of such other insurance, as may be required in the Special Requirements in Exhibit “B”.

5.2 General Insurance Requirements.
(a) Proof of insurance. Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by City’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at any time.
(b) Duration of coverage. Consultant shall procure and maintain for the duration of this Agreement insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the per formance of the Services hereunder by Consultant, its agents, representatives, employees or subconsultants. (c) Primary/noncontributing. Coverage provided by Consultant shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisf ied 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 also apply on a primary and non - contributory basis for the benefit of City before the City’s own insurance or self -insurance shall be called upon to protect it as a named insured.

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(d) City’ s rights of enforcement. In the event any policy of i nsurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by C onsultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement. (e) Acceptable insurers. Al
l insurance policies shall be issued by an insurance
company currently authorized by the Insurance Commissioner to transact business of insurance or that is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VI (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager.
(f) Waiver of subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation aga inst City, its elected or appointed officers, agents, officials, employees and volunteers or s hall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a lo ss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
(g) Enforcement of contract provisions (non -e
stoppel). Consultant
acknowledges and a grees that any actual or alleged failure on the part of the City to inform Consultant of non-c ompliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder.
(h) Requirements not limiting . R equirements of specific coverage features or limits contained in this section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. (i) Not ice of cancellation . Cons
ultant agrees to oblige its insurance agent or
broker and insurers to provide to City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage f or e ach required coverage.
(j) Additional insured status . G eneral liability policies shall provide or be endorsed to provide that City and its officers, officials, employees, and agents, and volunteers shall be additional insureds under such policies. This pro vision shall also apply to any excess/umbrella liability policies.

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(k) Prohibition of undisclosed coverage limitations . N one of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. (l) Separation of insureds. A severability of interests provision must apply for all additional insureds ensuring that Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions. (m) Pass through clause. Consultant agrees to ensure that its subconsultants, subcontractors, and any other party involved with the project who is brought onto or involved in the project by Consultant, provide the same minimum insurance coverage and endorsements required of Consultant. Consultant agrees to monitor and review all such cover age and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the project will be submitted to City for review. (n) Agency’s right to revise specifications. T
he City reserves t he right at any
time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance w ritten notice of such change. If such change results in substantial additional cost to the Consultant, the City and Consultant may renegotiate Consultant’s compensation.
(o) Self-ins ured retentions . Any self -insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self -insurance will not be considered to comply with these specifications unless approved by City.
(p) Timely notice of claims. C onsul tant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.
(q) Additional insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work.

5.3 Indemnification.

To the ful l extent permitted by law, Consultant agrees to indemnify, defend and hold harmless the City, its officers, employees and agents ( “Indemnified Parties”) against, and will hold and save them and each of them harmless from, any and all actions, either judi cial, administrative, arbitration or regulatory claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities whether actual or threatened (herein “claims or liabilities”) that may be asserted or claimed by any person, firm or entity arising out of or in connection with the negligent performance of the work, operations or activities provided herein of Consultant, its officers, employees, agents, subcontractors, or invitees, or any individual or Item 7
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entity for wh ich Consultant is legally liable (“indemnitors ”), or arising from Consultant’ s or indemnitors’ r eckless or willful misconduct, or arising from Consultant’ s or indemnitors’ negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, and in connection therewith:
(a) Consultant will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorneys’ fees incurred in connection therewith;
(b) Consultant will promptly pay any judgment rendered against the City , its officers, agents or employees for any such claims or liabilities arising out of or in connection with the negligent performance of or failure to perform such work, oper ations or activities of Consultant hereunder; and Consultant agrees to save and hold the City , its officers, agents, and employees harmless therefrom;
(c) In the event the City , its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against Consultant for such damages or other claims arising out of or in connection with the negligent performance of or failure to perform the work, operation or activities of Consultant hereunder, Consultant agrees to pay to the City , its officers, agents or employees, any and all costs and expenses incurred by the City , its officers, agents or employees in such action or proceeding, including but not limited to, legal costs and attorneys ’ fees.

Consultant shall incorporate similar indemnity agreements with its subcontra ctors and if it fails to do so Consultant shall be fully responsible to indemnify City hereunder therefore, and failure of City to monitor compliance with these provisions shall not be a waiver hereof. This indemnification includes claims or liabilities arising from any negligent or wrongful act, error or omission, or reckless or willful misconduct of Consultant in the performance of professional services hereunder. The provisions of this Section do not apply to claims or l iabilities occurring as a result of City ’s sole negligence or willful acts or omissions, but, to t he fullest extent permitted by law, shall apply to claims and liabilities resulting in part from City ’s negligence, except that design professionals ’ indemnity hereunder shall be limited to claims and liabilities arising out of the negligence, recklessness or willful misconduct of the design professional . The indemnity obligation shall be binding on successors and assigns of Consultant and shall survive termination of this Agreement.

ARTICLE 6. RECO

RDS, REPORTS, AND RELEASE OF INFORMATION

6.1 Records.

Consultant shall keep, and require subcontractors to keep, such ledgers , books of accounts, invoices, vouchers, canceled checks, reports, studies or other documents relating to th e disbursements charged to City and services performed hereunder (the “ books and records ”), as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the performance of such services. Any and all suc h documents shall be maintained in accordance with generally accepted accounting principles and shall be complete and detailed. The Contract Officer shall have full and free access to such books and records at all times during normal business hours of Ci ty, including the right to inspect, copy, audit and make Item 7
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records and transcripts from such recor ds. Such records shall be maintained for a period of three (3) years following completion of the services hereunder, and the City shall have access to such records in the event any audit is required. In the event of dissolution of Consultant’s business, custody of the books and records may be given to City, and access shall be provided by Consultant’s successor in interest. Notwithstanding the above, the Consul tant shall fully cooperate with the City in providing access to the books and records if a public records request is made and disclosure is required by law including but not limited to the California Public Records Act.

6.2 Reports.

Consultant shall periodica lly prepare and submit to the Contract Officer such reports concerning the performance of the services required by this Agreement as the Contract Officer shall require. Consultant hereby acknowledges that the City is greatly concerned about the cost of work and services to be performed pursuant to this Agreement. For this reason, Consultant agrees that if Consultant becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the work or servi ces contemplated herein or, if Consultant is providing design services, the cost of the project being designed, Consultant shall promptly notify the Contract Officer of said fact, circumstance, technique or event and the estimated increased or decreased co st r elated thereto and, if Consultant is providing design services, the estimated increased or decreased cost estimate for the project being designed.

6.3 Ownership of Documents.

All drawings, specifications, maps, designs, photographs, studies, surveys, data, not es, computer files, reports, records, documents and other materials (the “documents and materials”) prepared by Consultant , its employees, subcontractors and agents in the performance of this Agreement shall be the property of City and shall be deliver ed t o City upon request of the Contract Officer or upon the termination of this Agreement, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership use, reuse, or assignment of the documents and materials hereunder. Any use, reuse or assignment of such completed documents for other projects and/or use of uncompleted documents without specific written authorization by the Consultant will be at the City’s sole risk and without liability to Consultant , and Consultant’s guarantee and warranties shall not extend to such use, re use or assignment . Consultant may retain copies of such documents for its own use. Consultant shall have the right to use the concepts embodied th erein.

All subcontractors shall provide for assignment to City of any documents or materials pre pared by them, and in the event Consultant fails to secure such assignment, Consultant shall indemnify City for all damages resulting therefrom. Moreover, Consultant with respect to any documents and materials that may qualify as “ works made for hire ” as d efined in 17 U.S.C. § 101, such documents and materials are hereby deemed “works made for hire” for the City.

6.4 Confidentiality and Release of Information.
(a) A ll information gained or work product produced by Consultant in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Consultant. Consultant shall not release or disclose any s uch Item 7
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information or work product to persons or entities other than City without prior written authorization from the Contract Officer.
(b) Consultant , its officers, employees, agents or subcontractors, shall not, without prior written authorization from th e Contract Officer or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered “voluntary” provided Consultant gives City notice of such court order or subpoena. (c) If Consultant, or any officer, employee, agent or subcontractor of Consultant, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Consultant for any damages, costs and fees, including attorney’s fees, caused by or incurred as a result of Consultant’s conduct. (d) Consultant sha ll promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under. City retains the right, but has no obligation, to represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees t o cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.

ARTICLE 7. ENF

ORCEMENT OF AGREEMENT AND TERMINATION

7.1 California Law.

This Agreement shall be interpreted, construed and governed both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Solano, State of California, or any other appropriate court in such county, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Northern District of California.

7.2 Disputes; Default.

In the event that Consultant is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Consultant for any work performed after the date of default. Instead, the City may give notice to Consultant of the default and the reasons for the default. The notice shall include the timeframe in which Consultant may cure the default. This timeframe is presumptively thirty (30) days, but may be extended, though not reduced, if circumstances warrant. During the period of time that Consul tant is in default, the City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. In the alternative, the City may, in its sole discretion, elect to pay some or all of the Item 7
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outstanding invoices during the per iod of default. If Consultant does not cure the default, the City may take necessary steps to term inate this Agreement under this Article . Any failure on the part of the City to give notice of the Consultant’ s default shall not be deemed to result in a waiver of the City’s legal rights or any rights arising out of any provision of this Agreement.

7.3 Retent ion of Funds.

Consultant hereby authorizes City to deduct from any amount payable to Consultant (whether or not arising out of this Agreement) (i) any amount s the payment of which may be in dispute hereunder or which are necessary to compensate City for any losses, costs, liabilities, or damages suffered by City , and (ii) all amounts for which City may be liable to third parties, by reason of Consultant’ s acts or omissions in performing or failing to perform Consultant’s obligation under this Agreement. In the event that any claim is made by a third party, the amount or validity of which is disputed by Consultant, or any indebtedness shall exist which shall appear to be the basis for a claim of lien, City may withhold from any payment due, without liability for interest because of such withholding, an amount sufficient to cover such claim. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of the Consultant to insure, indemnify, and protect City as elsewhere provided herein.

7.4 Waiver.

Waiver by any party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement.

Acceptance by City of any work or services by Co nsultant shall not constitute a waiver of any of the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a non- defaulting party on any default shall impair such right or re medy or be construed as a waiver. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.

7.5 Rights and Remedies are Cumulative.

Except with res pect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party.

7.6 Legal Action.

In addition to any other rights or remedies, either party may take legal action, in law or in equity, to cure, correct or re medy any default, to recover damages for any default, to compel specific performance of this Agr eement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. Notwithstanding any contrary provision herein, Consultant shall file a statutory claim pursuant to Government Code Sections 905 et seq. and 910 et seq., in order to pursue a legal action under this Agreement.

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7.7 Liquidated Damages.

Since the determination of actual damages for any delay in performance of this Agreement would be extremely difficult or impractical to determine in the event of a breach of this Agreement , the City may withhold from any monies payable on account of services performed by the Contractor any accrued liquidated damages.

7.8 Termination Prior to Expiration of Term.

This Section shall govern any termination of this Contract except as specifically provided in the following Section for termination for cause. The City reserves the right to terminate this Contract at any time, with or without cause, upon thirty (30) days ’ written notice to Consultant , except that where termination is due to the fault o f the Consultant , the period of notice may be such shorter time as may be determined by the Contract Officer . In addition, t he Consultant reserves the right to terminate this Contract at any time, with or without cause, upon sixty (60) days’ written notice to City, except that where termination is due to the fault of the City , the period of notice may be such shorter time as the Consultant may determine. Upon receipt of any notice of termination, Consul tant shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer . Except where the Consultant has initiated termination, the Consultant shall be entitled to compensation for all services rendered prior to the effective date of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as m ay be approved by the Contract Officer , except as provided in Section 7.3. In the event the Consultant has initiated termination, the Consultant shall be entitled to compensation only for the reasonable value of the work product actually produced hereunder. In the event of termination without cause pursuant to this Section, the ter minating party need not provide the non -terminating party with the opportunity to cure pursuant to Section 7.2.

7.9 Termination for Default of Consultant.

If termination is due to the failure of the Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Sectio n 7.2, take over the work and prosecute the same to completion by contract or otherwise, and the Consultant shall be liable to t he extent that the total cost for completion of the services required her eunder exceeds the compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Consult ant for the purpose of set-off or partial payment of the amounts owed the City as previously stated.

7.10 Attorneys’ Fees.

If either part y to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorney ’s fees. Attorney’s fees shall include attorney ’s fees on any appeal, and in addition a party entitled to attorney’s fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery and all other necessary costs the court allows which are incurred in such litigation. All suc h fees shall be Item 7
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deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment.

ARTICLE 8. CIT Y OFFICERS AND EMPLOYEES: NON-DISCRIMINATION

8.1 Non-liability of City Officers and Employees.

No officer or employee of the City shall be personally liable to the Consultant , or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Consultant or to its successor, or for breach of any obligat ion of the terms of this Agreement.

8.2 Conflict of Interest.

Consultant covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Consultant’ s performance of services un der this Agreement. Consultant further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, age nt or subcontractor without the express written consent of the Contract Offic er. Consultant agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement.

No officer or employee of the City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which affects her/ his financial interest or the financial i nterest of any corporation, partnership or association in which (s)he is, directly or indirectly, interested, in violation of any State statute or regulation. The Consultant warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement.

8.3 Covenant Against Discrimination.

Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimina tion against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry or other protected class in the performance of this Agreement. Consultant shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry or other protected class.

8.4 Unauthorized Aliens.

Consultant hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C. § 1101 et seq. , as amended, and in connection therewith, shall not employ unauthorized a liens as defined therein. Should Consultant so employ such unauthorized aliens for the performance of work and/or services covered by this Item 7
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Agreement, and should any liability or sanctions be imposed against City for such use of unauthorized aliens, Consultant hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions imposed, together with any and all costs, including attorneys ’ fees, incurred by City.

ARTICLE 9. MI SCELLANEOUS PROVISIONS

9.1 Notices.

Any notice, demand, request, document , consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, first -class mail, in the case of the City, to the City Manager and to the attention of the Contract Officer (with her/his name and City title), City of Suisun City, 701 Civic Center Drive, Suisun City, CA 94585 and in the case of the Consultant, to the person(s) at the address designated on the execution page of this Agr eement. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy- two (72) hours from the time of mailing if mailed as provided in this Section.

9.2 Interpretation.

The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.

9.3 Counterparts.

This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument.

9.4 Integration; Amendment.

This Agreement including the attachments hereto is the entire, complete and exclusive expression of the understanding of the parties. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the parties, and none shall be used to interpret this Agreement. No amendment to or modification of this Agreement shall be valid unless made in wr iting and approved by the Consultant and by the City Council. The parties agr ee that this requirement for written modifications cann ot be waived and that any attempted waiver shall be void.

9.5 Severability.

In the event that any one or more of the phrases, se ntences, clauses, paragraphs, or sections contained in this Agreement shall b e declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phr ases, sentences, clauses, paragraphs, or sections of this Item 7
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Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless.

9.6 Warranty & Representation of Non-C ollusion.

No official, officer, or employee of City has any financial interest, direct or indirect, in this Agreement, nor shall any off icial, officer, or employee of City participate in any decision relating to this Agreement which may affect his/her financial in terest or the financial interest of any corporation, partnership, or association in which (s)he is directly or indirectly inte rested, or in violation of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any State or municipal statute or regulation. The determination of “financial interest” shall be consistent with State law and shall not include interests found to be “remote” or “noninterests” pursuant to Government Code Sections 1091 or 1091.5. Consultant warrants and represents that it has not paid or given, and will not pay or give, to any third party including, but not limited to, any City official, officer, or employee, any money, consideration, or other thing of value as a result or consequence of obtaining or being awarded any agreement.

Consultant further warrants and represents that (s)he/it has not engaged i n any act(s), omission(s), or other conduct or collusion that would result in the payment of any money, consideration, or other thing of value to any third party including, but not limited to, any City official, officer, or employee, as a result of con sequence of obtaining or being awarded any agreement. Consultant is aware of and understands that any such act(s), omission(s) or ot her conduct resulting in such payment of money, consideration, or other thing of value will render this Agreement void and of no force or effect.

Consultant’s Authorized Initials _______

9.7 Corporate Autho
rity.

The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) that entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the parties. [SIGNATURES ON FOLLOWING PAGE]
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IN WITNESS WHEREOF , the parties hereto have executed this Agreement on the date and year first-above written.

CITY:

CITY OF SUISUN CITY, a municipal corporation

Alma Hernandez, Mayor Pro-Tem
ATTEST:

City Clerk
APPROVED AS TO FORM:

ALESHIRE & WYNDER, LLP

Elena Gerli, City Attorney
CONSULTANT:

By:

Name:

Title:

By:

Name:

Title:

Address:

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EXHIBIT “A”

SCOPE OF SERVICES
Scope of Work
The Planwest team is well qualified and committed to preparing a MSR for the City of Suisun City. We understand that this development driven MSR will accompany an annexation application to So lano LAFCO. Development- related service reviews must demonstrate adequate service capacity and must include sufficient detail to evaluate the feasibility of serving additional development. This work, proposed under three task orders, will largely rely on ana lysis being completed as part of the California Environmental Quality Act Environmental Impact Report process that is currently underway for b oth projects and the separate fiscal analysis being conducted by the Goodwin Consulting Group.

TASK ORDER 1 – MUNICIPAL SERVICE REVIEW (MSR)
Task 1 - Data Collection
Planwest will hold a kick -off meeting (remotely) with Suisun City staff to review the s cope and schedule and address any questions or process items prior to work commencement. In coordination with c ity staff, Planwest will determine what data is currently available and what additional information is needed to address the seven factors in GC §56430. This may include but is not limited to interviews and research of existing information and documents, including but not limited to the following:
• Suisun City General Plan policies related to public services, open space, land use, development, an d more
• Suisun City Fire Department Needs Assessment, Fitch & Associates, LLC, January 2020 • Police Department Staffing and Facility Assessment, Suisun City, California, Matrix Consulting Group, March 2021
• Internal City Memorandum on Police Service Demands Relating to Proposed Logistics Centers June 2022
• Internal City Memorandum on Fire Service Demands Relating to Proposed Logistics Centers, June 2022 • CEQA documents including notice of preparation, agency comments, and technical reports for the two proposed logistics centers
• Draft Fiscal Impact Analysis by Goodwin Financial
• Suisun City budgets and audits
• Shared services or service agreements with other service providers responsible for proving garbage, water or sewer to the city (e.g., Solano Irrigation District, Suisun -Solano Water Authority) o Review SSWA Urban Water Management Plan
o SID Groundwater Sustainability Plan

• Capital Improvement Plans, infrastructure and services related plans and documents

Task 2 - Interpretation and Analysis
Based on the research conducted in Task 1, Planwest will interpret and analyze information to determine the level of service, availability, and capacity of services provided for the existing and projected development in the city with the addition of the two proposed logistics centers. This services analysis will draw conclusions on service needs with explicit consideration of the City General Plan public services policies. Planwest will work with city staff to request information necessary to prepare an agency profile and make statutorily required determinations. The agency profile will describe city specific information, such as its location, history, number of employees, structure, the services it provides, and figures of the existing city boundary and SOI boundary. Demographic and land use Item 7
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information, including documenting disadvantaged status, within and adjacent to the current SOI will be compiled. Planwest will meet with Suisun City staff to review the draft agency profile and make needed revisions.

Task 3 - Administrative Draft MSR Report
Planwest will produce an Administrative Draft MSR with app ropriate and actionable recommendations for city staff and departmental review. The Administrative Draft MSR will be organized in a way that is both readable and suitable for use by elected and appointed officials, service providers, and the public.

We wil l present issues in the most succinct manner possible while including necessary content and ensuring readability including:
o Background section (CKH Overview, purpose and study methodology as presented in the scope of work).
o Brief description of MSR and current SOI study area and affected providers o Project description and services overview for the two proposed logistics centers o Summary of important issues, policies, conclusions, and analyses by evaluation category o Service level/industry standards comparison tables
o Draft MSR determinations and recommendations

Completion of the Administrative Draft MSR will rely heavily on the Draft EIRs to make conclusions regarding the City’s ability to provide municipal services to the proposed logistics fa cilities. Once the Administrative Draft MSR is complete, Planwest will meet with city staff and address departmental comments. The revised Administrative Draft MSR will then be sent to Solano LAFCO for review. Planwest will hold a joint meeting with Suis un City and Solano LAFCO staff to discuss any significant issues identified and review draft determinations.

Task 4 - Public Review Draft MSR Report
Based on Suisun City and LAFCO review and comments, Planwest will prepare a Public Review Draft MSR that i ncludes proposed findings, determinations, and recommendations. We will also help facilitate review of the draft report by the Planning Commission and City Council, affected/interested agencies, and the public. This will include virtual attendance and pr esentation at two public hearings with the Planning Commission and City Council as needed. Planwest will also be available to virtually attend and present the draft report as a public workshop item at a Solano LAFCO Commission meeting as requested.

Task 5 - Final MSR Report and Adoption
Based on comments received during the agency and public review period, Planwest will prepare a Final MSR addressing comments from the Planning Commission and City Council meetings, Solano LAFCO Commission, affected/intere sted agencies, and the public, including findings, determinations, and recommendations. This will also include a tracking sheet of comments received and responses to comments, as necessary. Planwest will then virtually attend and present the final rep ort at a public hearing of the Planning Commission and City Council. We recommend that the City Council’s recommendation to forward the MSR to Solano LAFCO be concurrent with Resolution of Application approval, including the LAFCO Application Form and Plan for Services (optional Planwest Task Orders).

OPTIONAL TASK ORDER 2 – Plan for Service Report (PFS)
Task 1 – Coordination with LAFCO Staff
Planwest will work closely with Solano LAFCO staff to coordinate preparation of a Plan for Services that will be submi tted as part of the annexation application. While the Plan for Service requirements are outlined in Section 56653 of the CKH Act, each individual LAFCO may have additional requirements Item 7
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based on their policies. Working with LAFCO staff will ensure that all re quirements are included in t he plan before submittal.

Task 2 – Plan for Service Report
Planwest will utilize information gathered as part of the MSR, EIR, and financial review processes to prepare the Plan for Service as outlined in the CKH Act. This will include the following sections:
• An enumeration and description of the services currently provided or to be extended to the affected territory.
• The level and range of those services.
• An indication of when those services can feasibly be extended to the affected territory, if new services are proposed.
• An indication of any improvement or upgrading of structures, roads, sewer or water facilities, or other conditions the local agency wo uld impose or require within the affected territory if the c hange of organization or reorganization is completed.
• Information with respect to how those services will be financed.

The plan will also include any additional information requested by Solano LAFCO. The draft plan will be provided to Suisun City staff for review and comment before being finalized and submitted as part of the annexation application.

OPTIONAL TASK ORDER 3 – LAFCO Application Assistance
Task 1 – Preparation of LAFCO Application
Planwest will coordinate with Suisun City staff and Solano LAFCO staff to develop the necessary documentation required for the annexation application. This will include coordination of the following:
• Resolution of Application (to be drafted by Planwest) • Required maps and legal descriptions (to be completed by surveyor) • Pre-zoning (to be completed by City staff)
• Plan for Services (Task Order 2)
• CEQA documentation (EIR completed by AECOM and certified by the City)

Planwest will compile all the required documents into a single application package f or submittal to Solano LAFCO. Planwest will ensure all applicable Solano LAFCO policies are addressed in the LAFCO Application.

Task 2 – Submit Application to LAFCO
Planwest will submit the complete application package to Solano LAFCO on behalf of Suisun City. We will then remain available to answer questions and coordinate with LAFCO staff on review of the application.

Planwest staff will also be available to attend (virtually) the LAFCO public hearing for the application.

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EXHIBIT “B”

SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)

2.2 Method of Compensation.

The method of compensation may include: (i) a lump sum payment upon completion; (ii) payment in accordance with specified tasks or the percentage of completion of the services , less contract retention; (iii) payment for time and materials based upon the Consultant’s rates as specified in the Schedule of Compensation, provided that (a) time estimates are provided for the performance of sub tasks, and (b) contract retention is maintained, and (c ) the Contract Sum is not exceeded; or (iv) such other methods as may be specified in the Schedule of Compensation.

2.3 Reimbursable Expenses.

Compensation may include reimbursement for actual and necessary expenditur es for reproduction costs, telephone expenses, and travel expenses approved by the Contract Officer in advance, or actual subcontractor expenses of an approved subcontractor pursuant to Section 4.4, and only if specified in the Schedule of Compensation. The Contract Sum shall include the remote at tendance of Consultant at all project meetings reasonably deemed necessary by the City. Coordination of the performance of the work with City is a critical component of the services. If Consultant is required to attend additional in -person meetings to fa cilitate such coordination, Consultant shall not be entitled to any additional compensation for attending said meetings.

2.4 Invoices.

Each month Consultant shall furnish to City an original invoice for all work performe d and expenses incurred during the prece ding month in a form approved by City’s Director of Finance. By submitting an invoice for payment under this Agreement, Consultant is certifying compliance with all provisions of the Agreement. The invoice shall cont ain all information specified in Exhibit “ C”, and shall detail charges for all necessary and actual expenses by the following categories: labor (by sub -category), travel, materials, equipment, supplies, and sub - contractor contracts. Sub-contractor charges shall also be detailed by such categories. Consultant shall not invoice City for any duplicate services performed by more than one person.

City shall independently review each invoice submitted by the Consultant to determine whet
her the work performed and expenses incurred are in compliance wit h the provisions of this Agreement. Except as to any charges for work performed or expenses incurred by Consultant which are disputed by City, or as provided in Section 7.3, City will use its best efforts to cause Consultant to be paid within forty-five (45) thirty (30) days of receipt of Consultant’s correct and undisputed invoice; however, Consultant acknowledges and agrees that due to City warrant run procedures, the City cannot guarantee that payment will occur wi thin this time period unless invoices are submitted 5 business days before warrant run. In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Consultant for correction Item 7
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and resubmission. Review and payment by City for any invoice provided by th e Consultant shall not constitute a waiver of any rights or remedies provided herein or any applicable law.

EXHIBIT “C” Schedule of Compensation
II: A retention of ten percent (10%) shall be held from each payment as a contract retention to be paid as part of the final payment upon satisfactory completion of services.

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EXHIBIT “C”

SCHEDULE OF COMPENSATION

Total
Rate
Task Order 1 - Municipal Service Review $35,040.00
Task 1. Data Collection and Review $6,560.00
Task 2. Interpretation and Analysis $11,520.00
Task 3. Administrative Draft MSR/SOI Report $9,760.00
Task 4. Public Review Draft MSR/SOI Report $4,680.00
Task 5. Final MSR/SOI Report and Adoption $2,520.00
Task Order 2 - Plan for Services $11,760.00
Task 1. Coordination with LAFCO Staff $2,720.00
Task 2. Plan for Service Report $9,040.00
Task Order 3 - LAFCo Application Assistance $8,200.00
Task 1. Preparation of LAFCO Application $5,200.00
Task 2. Submit Application to LAFCO $3,000.00
Total Hours 404.00
Total Cost $55,000.00

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EXHIBIT “D ”

SCHEDULE OF PERFORMANCE
Timing of each work task is contingent on authorization by September 30, 2022. Completion of the Administrative Draft MSR will also rely on completion of the Draft EIR being prepared by AECOM. A tentative timeline is provided below based on completion of the Draft EIR by January 2022. The schedule assumes three weeks for city staff review of major documents.

TASK DESCRIPTION COMPLETION DATE
1 Data Collection Oct – Dec 2022
2 Interpretation and Analysis Dec 2022 – Feb 2023
3 Administrative Draft MSR
Report
March 2023
4 Public Review Draft MSR
Report
April 2023
5 Final MSR Report and
Adoption
June 2023

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76 ______________________________________________________________________________ PREPARED BY: Jim Bermudez, Development Services Director REVIEWED/APPROVED BY: Greg Folsom, City Manager

AGENDA TRANSMITTAL

MEETING DATE: December 20, 2022

CITY AGENDA ITEM: Council Adoption of Resolution No. 2022-___: Authorizing the City Manager to Execute a Contract Amendment on the City’s Behalf with David Wade and Associates to Process the Development Application for the Highway 12 Logistics Center Project.

FISCAL IMPACT: There would be no impact to the General Fund. The cost for retaining the firm of David Wade and Associates to act as city staff and process the development application is recommended to be amended from $72,600 to $92,600. This total cost will be fully borne by the developer/applicant.

STRATEGIC P LAN IMPACT: Provide Good Governance ; Develop Sustaina ble Economy; Enhance the Environment.

BACKGROUND: On February 2, 2021, the Ci ty Counc il passed Reso lution 2021-12 which authorized the City Manager to execute a professional services contract in the amount of $66,000 for Mr. D avid Wade to act as an exten sion of City staff and process the Hi ghway 12 Logisti cs Center Project (Attachment 2, Vicinity Map). The City Manager was also authorized to execute a ten percent contingency ($6,600) for a total contract award of $72,600.

STAFF REPORT: As is common with development projects, they can be unpredictable in project length. This is particularly true for estimating the duration of entitlements for a project and since the environmental document for the project has not yet been released, and the project has yet to commence annexation, it is important to amend the contract. Staff has prepared a resolution and contract amendment which would authorize the City Manager authority to execute Amendment No 1 on the City’s behalf with David Wade and Associates in the amount of $20,000 bringing the total contract award from $72,600 to $92,600 fully paid for by the developer.

RECOMMENDATION: It is recommended that the City Council adopt Resolution No. 2022- ___: Authorizing the City Manager to Execute a Contract Am endment on the City’s Behalf increasing the contract to $92,600 with David Wade and Associates to Process the Development Application for the Highway 12 Logistics Center Project.

ATTACHMENTS:

1. Resolution No. 2022- ___: Authorizing the City Manager to Execute a Contract Amendment on the City’s Behalf with David Wade and Associates to Process the Development Application for the Highway 12 Logistics Center Project.

2. Highway 12 Project Vicinity Map

3. Budget Supplement Memorandum
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28 RESOLUTION NO. 2022-___

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUISUN CITY

AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT
AMENDMENT ON THE CITY’S BEHALF WITH DAVID WADE AND

ASSOCIATES TO PROCESS THE DEVELOPMENT APPLICATION FOR THE HIGHWAY 12 LOGISTICS CENTER PROJECT

WHEREAS, it has become necessary to request amendment to the contract with David Wade and Associates in processing the development application for the Highway 12 Logistics Center Project; and

WHEREAS, a development applicatio n was received for the Highway 12 Logist ics Center Project and requires supplemental staff to move the project expeditiously; and

WHEREAS, it has been determined that it is necessary to hire a firm to process the development project at the full cost of the applicant; and

WHEREAS, the selected firm has a strong familiarity with the development project and has processed numerous entitlements throughout Northern California; and

WHEREAS, on February 2, 2021, the City Council passed R esolution 2021- 12 authorizing the City Manager to e xecute a pro fessional services contract in the amount of $72,600 to be the primary contact for the Highway 12 Logistics Center Project; and

WHEREAS, it is common with development projects, they can be unpredictable in project length and necessitate additional funding,

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Suisun City authorizes the City Manager to execute Amendment No. 1 on the City’s behalf with David Wade and Associates to continue processing the development application for the Highway 12 Logistics Center Project in the amount of $20,000 bring ing the total contract award to $92,600.

PASSED AND ADOPTED at a Reg ular Meeting of the City Council of the City of Suisun City held on Tuesday the 20
th day of December 2022 by the following vote:

AYES: Council Members:

NOES: Council Members:

ABSENT: Council Members:

ABSTAIN: Council Members:

WITNESS my hand and the seal of said City this 20th day of December 2022.

Anita Skinner
City Clerk
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Attachment 1
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80 Highway 12 Logistics Center
City of Suisun City
Project Area
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82 MEMORANDUM

DATE November 7, 2022
TO: Jim Bermudez, Development Services Director
FROM: David Wade, AICP-CUD Consultant for Logistics Projects SUBJECT: Budget Augmentation for Consulting Services

Jim
Per your request I am submitting this memorandum to support a request for budget augmentation for the Hwy 12 Logistics Center and the Suisun City Logistics Center.

Justification for Budget Augmentation
Both the Hwy 12 Logistics Center project and the Suisun City Logistics Center have taken considerably longer to complete than the original scope of work and budget anticipated. Some of these time- consuming issues are common to both projects, other issues are unique to the individual project.

Common issues include the exceptionally long period required to initiate and complete the Water Supply Assessment required for both projects under CEQA. Solano Irrigation District has had complete control of this aspect and when combined with alternative water supply solutions promoted by the applicant, this process has been extraordinary. A second issue common to both projects was the traffic analyses. Each project was served by a separate traffic consultant and there were differences in approach that needed to be reconciled so that the CEQA analyses would be comparable. This required a major revision of the Suisun Logistics traffic analysis. Similarly, the air quality analyses need to be compatible so that the assumptions are consistent. Since the air quality maintenance district seemed to be amending the analytical basis during the time the draft EIRs were being prepared, and one of the projects already had a completed draft, it was necessary to revise that draft.

Each of the projects has had its own unique issues. The Hwy 12 Logistics Center has had issues with the water and sewer connections, and the applicant has asked that a smaller footprint alternative be added to the evaluation process. The Suisun Logistics Center has had on-going issues with the wetlands analysis, with traffic impacts along Walters Road, and with the confusion regarding potential impacts to Petersen Road traffic vis emergency operations at Travis AFB. Each of these has caused the time line to extend.

Scope of Budget Augmentation
It is tough to provide an estimate because so much of what I do is responding to issues that may not have been foreseen rather than specific products or tasks. I note that at this point the Hwy 12 project has a budget balance of roughly $20 thousand and the Suisun Logistics budget balance is only about $7,000 even though the projects started at about the same time and the Suisun Logistics budget has already had a supplement of $25 thousand. If it is necessary to spend an average of around 4 hours per week on responding to inquiries and administering the meetings, etc. this equates to about $3,000 per Item 8
Attachment 3
83 month on each project. As we get to the end of the projects, I will devote more time to reviewing and commenting on documents such as the ADEIR and the fiscal analyses, and attending public meetings and staff meetings, and drafting the staff report. I would assume this will increase the average weekly activity to about 8 hours per week. If we assume that the projects have another 10 months (estimated completion by July 1, 2023) to final action and that the increase in activity occurs in the final three months I would estimate the amount of budget in the following manner. For each project the time expenditure would be approximately 112 hours for seven months, then 96 hours in total for the final three months per project. At my current billing rate ($195 per hour) this would equate to a budget of $40,560 for each project.

Since the Hwy 12 project currently has a budget balance of approximately $20,000 the budget supplement would need to be about $20,000.

Since the Suisun Logistics project currently has a budget balance of approximately $7,000 the budget supplement would need to be about $33,000.

Item 8
Attachment 3
84 PREPARED BY: Jim Bermudez, Development Services Director REVIEWED/APPROVED BY: Greg Folsom, City Manager

AGENDA TRANSMITTAL

MEETING DATE: December 20, 2022

CITY AGENDA ITEM: Council Adoption of Resolution No. 2022-___: A uthorizing the City Manager to Execute Contract Amendment No. 2 on the City’s Behalf with D avid Wade and Associates to Process the Development Application for the Suisun Logistics Center Project.

FISCAL IMPACT: There would be no impact to the General Fund. The cost for retaining the firm of David Wade and Associates to act as city staff and process the development application is recommended to be a mended from $ 100,100 t o $ 133,100 and is fully borne by the developer/applicant.

STRATEGIC PLAN: Provide Good Governance; Develop Sustainable Economy; Enhance the Environment.

BACKGROUND: On Dec ember 15, 2020, the City Council passed Resolution 2020-154 which authorized the City Manager to execute a professional services contract in the amount of $66,000 for Mr. D avid Wade to act as an exten sion of City staff and process the Suisun Logis tics development project. The City Manager was also authorized to execute contracts with the granted ten percent contingency ($6,600) for a total of $72,600. This contract is paid for by the developer.

On November 16, 2021, the City Counc il a uthorized Amendment No. 1 i ncreasing the initial contract amount to $91,000, wh ich included a ten percent contingency bringing the total authorization to $100,100.

STAFF REPORT: As is common with development projects, they can be u npredictable in project length. This is particularly true for estimating the duration of entitlements for a project and since the environmental document for the project has not yet been released, and the project has yet to commence annexation, it is important to amend the contract. Staff has prepared a resolution and contract amendment which would authorize the City Manager authority to execute Amendment No 2 to the contract from $100,100 to $133,100, a $33,000 budget augment increase from the previous amendment paid for by the developer.

RECOMMENDATION: It is r ecommended that the City Council Adopt Resolution No. 20 22- ___: Authorizing the City Manager to Execute Contract Amendment No. 2 on the City’s Behalf with David Wade and Associates to Process the Development Application for the Suisun Logistics Center Project.

ATTACHMENTS:

1. Resolution No. 2022-___: Authorizing the City Manager to Execute Contract Amendment No. 2 on the City’s Behalf with D avid Wade and Associates to Process the Development Application for the Suisun Logistics Center Project.

2. Project Vicinity Map

3. Budget Supplement Memo
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28 RESOLUTION NO. 2022-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUISUN CITY

AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACT AMENDMENT NO. 2 ON THE CITY’S BEHALF WITH DAVID WADE AND ASSOCIATES TO

PROCESS THE DEVELOPMENT APPLICATION FOR THE SUISUN LOGISTICS CENTER PROJECT.

WHEREAS, it has become necessary to request amendment to the contract with Davide Wade and Associates in processing the development application for the Suisun Logistics Center Project; and

WHEREAS, the City Council authorized th e City Manager to execute a pro fessional services contract on behalf of the City with David Wade and Associates via Resolution 2020- 154; and

WHEREAS, a development application has been received for the Suisun Logistics Center Project east of Walters Ro ad be tween Peterson Road and Highway 12 and requires supplemental staff to move the project expeditiously; and

WHEREAS, it has been determined that it is necessary to hire a firm to process the development project at the full cost of the applicant; and

WHEREAS, on December 15, 2020, the City Council passed R esolution 2020-154 authorizing the City Manager to e xecute a pro fessional services contract in the amount of $72,600 to be the primary contact and project manager for the Suisun Logistics Center Project; and

WHEREAS, on November 16, 2021, the City Council authorized Am endment No. 1 increasing the initial contract amount to $100,100; and

WHEREAS, it is common with development projects, they can be unpredictable in project length and necessitate additional funding,

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Suisun City authorizes the City Manager to execute Amendment No. 2 on the City’s behalf with David Wade and Associates to process the development application for the Suisun Logistics Center Project in the amount of $33,000 bringing the total contract amount award to $133,000.

PASSED AND ADOPTED at a Regular Meeting of the City Council of the City of Suisun City held on Tuesday the 20th day of December 2022 by the following vote:

AYES: Council Members:

NOES: Council Members:

ABSENT: Council Members:

ABSTAIN: Council Members:

WITNESS my hand and the seal of said City this 20th day of December 2022.

Anita Skinner
City Clerk

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Exhibit 2-2
Local Vicinity Map
Aerial Base
Source: Bing Aerial Imagery.

CITY OF SUISUN CITY

SUISUN LOGISTICS CENTER PROJECT

ENVIRONMENTAL IMPACT REPORT
2,000 0 2,0001,000
Feet
Legend
Project Site
McCoy Creek
Item 9
Attachment 2
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90 MEMORANDUM

DATE November 7, 2022
TO: Jim Bermudez, Development Services Director
FROM: David Wade, AICP-CUD Consultant for Logistics Projects SUBJECT: Budget Augmentation for Consulting Services

Jim
Per your request I am submitting this memorandum to support a request for budget augmentation for the Hwy 12 Logistics Center and the Suisun City Logistics Center.

Justification for Budget Augmentation
Both the Hwy 12 Logistics Center project and the Suisun City Logistics Center have taken considerably longer to complete than the original scope of work and budget anticipated. Some of these time- consuming issues are common to both projects, other issues are unique to the individual project.

Common issues include the exceptionally long period required to initiate and complete the Water Supply Assessment required for both projects under CEQA. Solano Irrigation District has had complete control of this aspect and when combined with alternative water supply solutions promoted by the applicant, this process has been extraordinary. A second issue common to both projects was the traffic analyses. Each project was served by a separate traffic consultant and there were differences in approach that needed to be reconciled so that the CEQA analyses would be comparable. This required a major revision of the Suisun Logistics traffic analysis. Similarly, the air quality analyses need to be compatible so that the assumptions are consistent. Since the air quality maintenance district seemed to be amending the analytical basis during the time the draft EIRs were being prepared, and one of the projects already had a completed draft, it was necessary to revise that draft.

Each of the projects has had its own unique issues. The Hwy 12 Logistics Center has had issues with the water and sewer connections, and the applicant has asked that a smaller footprint alternative be added to the evaluation process. The Suisun Logistics Center has had on-going issues with the wetlands analysis, with traffic impacts along Walters Road, and with the confusion regarding potential impacts to Petersen Road traffic vis emergency operations at Travis AFB. Each of these has caused the time line to extend.

Scope of Budget Augmentation
It is tough to provide an estimate because so much of what I do is responding to issues that may not have been foreseen rather than specific products or tasks. I note that at this point the Hwy 12 project has a budget balance of roughly $20 thousand and the Suisun Logistics budget balance is only about $7,000 even though the projects started at about the same time and the Suisun Logistics budget has already had a supplement of $25 thousand. If it is necessary to spend an average of around 4 hours per week on responding to inquiries and administering the meetings, etc. this equates to about $3,000 per Item 9
Attachment 3
91 month on each project. As we get to the end of the projects, I will devote more time to reviewing and commenting on documents such as the ADEIR and the fiscal analyses, and attending public meetings and staff meetings, and drafting the staff report. I would assume this will increase the average weekly activity to about 8 hours per week. If we assume that the projects have another 10 months (estimated completion by July 1, 2023) to final action and that the increase in activity occurs in the final three months I would estimate the amount of budget in the following manner. For each project the time expenditure would be approximately 112 hours for seven months, then 96 hours in total for the final three months per project. At my current billing rate ($195 per hour) this would equate to a budget of $40,560 for each project.

Since the Hwy 12 project currently has a budget balance of approximately $20,000 the budget supplement would need to be about $20,000.

Since the Suisun Logistics project currently has a budget balance of approximately $7,000 the budget supplement would need to be about $33,000.

Item 9
Attachment 3
92 ______________________________________________________________________________ PREPARED BY: Jim Bermudez, Development Services Director REVIEWED/APPROVED BY: Greg Folsom, City Manager

AGENDA TRANSMITTAL

MEETING DATE: December 20, 2022

CITY AGENDA ITEM: Council Adoption of Resolution No. 2022-___: Authorizing the City Manager to Execute a Second Amendment to a Professional Services Agreement on the City’s Behalf with First Carbon S olutions (FCS) to Prepare an Environmental Impact Report for the Suisun Logistics Center Project.

FISCAL IMPACT: Due to this budget amendment, there would be no fiscal impact on the General Fund. The total cost for retaining the First Carbon Solutions to prepare and complete an Environmental Impact Report (EIR) and add critical tasks to the agreed-upon scope will be fully borne by the developer/applicant.

STRATEGIC P LAN IMPACT: Provide Good Governance ; Develop Sustainable Economy; Enhance the Environment.

BACKGROUND: On December 15, 2020, the City Council adopted Resolution No. 2020-155.

This resolution authorized the City Manager to execute a professional services agreement with FCS to complete a California Environmental Quality Act (CEQA) review for the S uisun Logistics Project totaling $268,729. The Suisun Logistics project is located east of Walters between Peterson Road and Highway 12 (Attachment 2 – Project Location Map).

After the commencement of the environmental analysis, additional project tasks needed to be added to the project scope of work; on March 28, 2022, a first amendment was authorized under the City Manager’s authority for $24,590 to include tasks to update the project’s Cultural Resource Assessment -Section 106 analysis. Initial scoping of the project tasks did not have this evaluation as it was assumed the prior Environmental Impact Report for a similar project at this location would be satisfactory. After further evaluating the initial analysis, the consultant determined that a Cultural Resource Assessment - Section 106 update is needed. This additional analysis increased the Suisun Logistics consultant’s total contract to $293,319.99

STAFF REPORT: Since the initial contract approval, the applicant and consultant have been working with s taff to complete the required environmental review. Work to date has included evaluating various project elements such as air quality, traffic, and biological conditions. After assessing the remaining tasks, FCS is seeking an additional $12,000 to complete the biological resource analysis and integrate the water supply assessment findings into the environmental document.

The City will be required to respond to all public comments before certification and approval of the project. The City response will be detailed in a Final Environmental Impact Report, which FCS has indicated, based on other logistics projects, that the complexity of our responses may require additional analysis. The City cannot determine the extent of comments at this time, so FCS is seeki ng an additional $15,000 as optional funding to complete the Final Environmental Impact Report.

Item 10
93 The City must complete Findings of Fact to meet the CEQA guidelines. When a lead agency adopts or certifies a CEQA document and approves a project based on tha t document, it is obligated to adopt findings that explain its conclusions regarding the project’s impacts on the environment. The consultant did not include this task in the initial scope of work as they thought staff or legal would complete the findings. Based on familiarity with the environmental document, it has been determined that FCS is best suited to complete this task. FCS is seeking an additional $6,000 as optional funding to complete the Findings of Fact.

When factoring in the additional tasks referenced, the recommended budget augmentation totals $33,000, which increases the total contract to $326,319.

RECOMMENDATION: It is recommended that the City Cou ncil adopt Resolution No. 2022- ___: Authorizing the City Manager to Execute a Second Amendment to a Professional Services Agreement on the City’s Behalf with First Carbon Solutions to Prepare an Environmental Impact Report for the Suisun Logistics Center Project.

ATTACHMENTS:

1. Council Resolution No. 2022- ___: Authorizing the City Manager to Execute a Second Amendment to a Professional Services Agreement on the City’s Behalf with First Carbon Solutions to Prepare an Environm ental Impact Report for the Suisun Logistics C enter Project

2. Vicinity Map – Suisun Logistics Center

3. FCS Augmentation Request
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28 RESOLUTION NO. 2022-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUISUN CITY

AUTHORIZING THE CITY MANAGER TO EXECUTE A SECOND AMENDMENT TO A PROFESSIONAL SERVICES AGREEMENT ON THE CITY’S BEHALF WITH

FIRST CARBON SOLUTIONS (FCS) TO PREPARE AN ENVIRONMENTAL

IMPACT REPORT FOR THE SUISUN LOGISTICS CENTER PROJECT

WHEREAS, a development application has been received for the Suisun Logistics Center Project and requires environmental review consistent with California state law; and

WHEREAS, it has been determined that it is necessary to hire a firm to complete the environment document for the project at the full cost of the applicant; and

WHEREAS, the City solicited a Request for Proposals (RFP) from environmental firms to complete the work and received six proposals; and

WHEREAS, the City Council authorized the City Manager to enter into a professional services agreement with First Carbon Solutions at their December 15, 2020 meeting in the amount of $268,729; and

WHEREAS, on March 28, 2022, it was necessary for the City Manager to make a Second Amendment to the contract modifying the scope to include additional tasks related the Cultural Resources Assessment – Section 106 analysis which increased the budget amount to $293,319; and

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Suisun City authorizes the City Manager to execute a Second Amendment to a Professional Services Agreement on the City’s behalf with First Carbon Solutions to Prepare an Environmental Impact Report for the Suisun Logistics Center Project totaling $33,000, raising the total contract amount to $326,319.

PASSED AND ADOPTED at a Regular Meeting of the City Council of the City of Suisun City held on Tuesday the 20
th day of December 2022 by the following vote:

AYES: Council Members:

NOES: Council Members:

ABSENT: Council Members:

ABSTAIN: Council Members:

WITNESS my hand and the seal of said City this 20th day of December 2022.

Anita Skinner
City Clerk
Item 10
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Exhibit 2-2
Local Vicinity Map
Aerial Base
Source: Bing Aerial Imagery.

CITY OF SUISUN CITY

SUISUN LOGISTICS CENTER PROJECT

ENVIRONMENTAL IMPACT REPORT
2,000 0 2,0001,000
Feet
Legend
Project Site
McCoy Creek
Item 10
Attachment 2
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98 NORTH AMERICA | EUROPE | AFRICA | AUSTRALIA | ASIA www.firstcarbonsolutions.com

UNITED STATES
T +1 888 826 5814
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December 7, 2022
Jim Bermudez
Development Services Director
City of Suisun City
701 Civic Center Boulevard
Suisun City, CA 94585
Subject: Suisun Logistics Project - Augment request to support preparation of Draft and Final EIR
Jim,
As requested, here are some round numbers for your consideration in support of the budget augment:

Draft EIR: As I initially requested in early September, I foresaw needing approximately $12,000 to complete the Draft EIR. We have now expended nearly all of that amount in updating EIR sections to reflect lessons learned in our analysis of other recent logistics projects in the Bay Area, as well as attendance at bi-weekly team meetings, which have been productive but have continued now through December 2022, well beyond what we anticipated in terms of the schedule for the Draft EIR. We have also provided additional coordination regarding the biological resources analysis and mitigation, and will still need to fold in the results of the water supply assessment, address any final comments from the city, and complete editing/formatting prior to publication.

Final EIR: Based on the volume and complexity of comment letters we have been receiving on other warehouse logistics EIRs in the Bay Area, I would earmark another $15,000 for the Final EIR. This could be identified as “optional” and we can confirm once we see the actual volume of comments submitted.

Findings of Fact – We are not scoped to prepared Findings for the City. If you would like us to prepare them, our typical cost is $6,000 These three tasks total $33,000. Thank you for your consideration. Please do not hesitate to contact me with any questions.

Regards,

Mary Bean
Director, Professional Services
FirstCarbon Solutions
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______________________________________________________________________________ PREPARED BY: Gemma Geluz, Administrative Assistant II
REVIEWED BY: Nouae Vue, Public Works Director
APPROVED BY: Greg Folsom, City Manager

AGENDA TRANSMITTAL

MEETING DATE: December 20, 2022

CITY AGENDA ITEM: Council Adoption of Resolution No. 2022-___: Authorizing the City Manager to Execute a Contract Services Agreement with Superior Building Services for Janitorial Services for City Facilities

FISCAL IMPACT: Funds are available and have been allocated within the General Fund to cover the costs of the regular janitorial services . Service locations include: the Joseph A. Nelson Community Center (Community Center), Police Department, Marina Bathrooms and City Hall.

STRATEGIC PLAN IMPACT: Provide Good Governance. Ensure Public Safety.

BACKGROUND: The City entered into a contract for janitorial service in 2018. The current contract has expired, and the City rebid the contract. The bid was advertised in the local newspaper, The Daily Republic, and posted on the City’s website. This service frees up the Building Maintenance Worker to focus on maintaining the City’s facilities and completing much needed repair work. The facilities included with contract are City Hall, Police Department, Joe Nelson Community Center, and Marina Bathrooms.

This service provides janitorial services that includes restroom cleaning, vacuuming, mopping, cleaning flat surfaces, dusting, emptying trash, and other cleaning services. Having a contractor completing this work will mean that all City facilities would receive janitorial service on a high activity, regular working day that had previously not been provided.

STAFF REPORT: On October 26, 2022, the City advertised and posted a Request for Proposals for janitorial services which included a mandatory walk-through meeting. The City received one (1) proposal in response to this RFP request. The City only had one (1) contractor attend the mandatory walk-through and received only one proposal from Superior Building Services for the amount of $6,500 per month for all the facilities.

Superior Building Services was the lowest responsible and responsive bidder.

The established service schedule is as follows:

• Community Center – two (2) nights per week
• Police Department – four (4) nights per week
• City Hall – four (4) nights per week
• Marina Bathrooms – three (3) days per week

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Staff recommends that the City Manager be authorized to execute a three -year contract services agreement for $78,000 per year with Superior Building Ser vices to perform janitorial services , and to authorize the City Manager to execute Contract Change Orders of up to 30% of the contract value annually for any additional janitorial services if deemed necessary by the City Manager.

Staff further recommends that the City Manager be authorized to extend this contract services agreement for up to three (3) one-year and authorize the City Manager to amend specific facilities where work is being performed as needed.

RECOMMENDATION: Staff recommends that the City Manager be authorized to execute Resolution No. 2022___: Authorizing the City Manager to Execute a Contract Services Agreement with Superior Building Services for Janitorial Service for City Facilities.

ATTACHMENTS:

1. Resolution No. 2022___: Authorizing the City Manager to Execute a Contract Services Agreement with Superior Building Services for Janitorial Service for City Facilities.

2. Request for Proposal – 2022 Janitorial Contract.

3. Superior Building Services Proposal

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RESOLUTION NO. 2022-__

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUISUN CITY

AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT SERVICES

AGREEMENT WITH SUPERIOR BUILDING SERVICES FOR JANITORIAL

SERVICES FOR CITY FACILITIES

WHEREAS, on October 26, 2022, the City posted a Request for Proposals for janitorial services City Hall, Police Department, Joseph A. Nelson Community Center, and Marina Bathrooms; and

WHEREAS, Superior Building Services was the lowest responsible and responsive bidder for the janitorial services for these facilities; and

WHEREAS, the annual contract value of $78,000 exceeds the City Manager’s purchasing authority; and

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Suisun City does hereby
• Authorize the City Manager to execute a three- year contract services agreement with Superior Building Services for $ 78,000 per year to perform janitorial services and authorize the City Manager to annually execute Contract Change Orders for up to 30% of the contract value for any additional janitorial services if deemed necessary by the City Manager.
• Authorize the City Manager to extend this contract services agreement for up to three (3) one-year extensions.
• Authorize the City Manager to amend the specific facilities where work is being performed as needed; and

PASSED AND ADOPTED at a Regular Meeting of the City Council of the City of Suisun City duly held on Tuesday, the 20
th day of December 2022, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

WITNESS my hand and the seal of said City this 20th day of December 2022.

Anita Skinner
City Clerk

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DEPARTMENTS: AREA CODE (707)
ADMINISTRATION 421-7300 ◼ PLANNING 421-7200 ◼ BUILDING 421-7310 ◼ FINANCE 431-7320 FIRE 425-9133 ◼ RECREATION & COMMUNITY SERVICES 421-7200 ◼ POLICE 421-7373 ◼ PUBLIC WORKS 421-7340 DEVELOPMENT SERVICES 421-7309 ◼ FAX 421-7366

F:\BUILDING\3.0 Bids-Projects\Monthly Janitorial\FY23 New Contract\RFP - 2022 Janitorial Contract - City Facilities 221020.docx

CITY COUNCIL

Vacant, Mayor
Alma Hernandez, Mayor ProTem
Jane Day
Mike Hudson
Wanda Williams

CITY OF SUISUN CITY

701 Civic Center Blvd.

Suisun City, California 94585

Incorporated October 9, 1868

CITY COUNCIL MEETING

First and Third Tuesday
Every Month
October 21, 2022

Request for Proposal (RFP)
Janitorial Services for City Facilities:

City Hall, Police Dept., Joseph A. Nelson Community Center and Marina Bathrooms

General: Suisun City seeks proposals for janitorial services for the City Hall, Police Department, Joseph A. Nelson Community Center and Marina Bathrooms.

Project Description: These City facilities need weekly janitorial services that include, but are not limited to, general cleaning, periodic cleaning, specific area cleaning, general office cleaning, cleaning the conference rooms, vacuuming around work stations, breakroom cleaning, corridors & hallways, all restrooms, trash, hard floors, carpeted floor areas, and exterior maintenance. The Marina Bathrooms need to be opened and cleaned on Friday, Saturday and Sunday of each week.

Required work: In general, the work consists of a contractor supplying all labor and methods of process to complete this work. The City will provide paper products, cleaning supplies, and equipment.

Specifications, bid schedule and location map follow.

Contractor Requirements:

It is the intent to award the contract for all locations. The City reserves the right to change or modify the scope of the work. For City budgeting purposes, please provide the cost of each bid items.

Contractors will need to provide a job reference list.

After the contract has been awarded, the Contractor will need to provide proof of current license(s), obtain a Suisun City Business License and submit insurance certificates naming Suisun City as additionally insured. The Contractor and/or the Contractor’s employees will need to be fingerprinted before performing work inside the Police Department; employees who decline or fail this basic background investigation will not be permitted inside the Police Department secure areas. The intent Item 11
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October 21, 2022
2022 Janitorial Contract for City Facilities

F:\BUILDING\3.0 Bids-Projects\Monthly Janitorial\FY23 New Contract\RFP - 2022 Janitorial Contract - City Facilities 221020.docx is to execute a Contract Services Agreement for a three-year term with two additional optional contract renewals for two years each.

There is a Mandatory Pre-bid Meeting on Wednesday, November 1, 2022, at 10 am at Suisun City Hall at 701 Civic Center Blvd., Suisun City, 94585.

RFP responses are due by 2 p.m. Monday, November 16, 2022, at:

Suisun City Hall
Public Works Dept.
701 Civic Center Boulevard
Suisun City, CA 94585.

If you would like to schedule a walk-through of the facilities, please contact Gemma Geluz at [email protected] to schedule a date and time before November 1, 2022.

The last day to ask questions is on Monday, November 10, 2022, at 2 pm. Please direct all questions in writing to:

Gemma Geluz
Public Works/Facilities Maintenance
701 Civic Center Blvd.

Suisun City, CA 94585
Email: [email protected]

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October 21, 2022
2022 Janitorial Contract for City Facilities

F:\BUILDING\3.0 Bids-Projects\Monthly Janitorial\FY23 New Contract\RFP - 2022 Janitorial Contract - City Facilities 221020.docx

SPECIFICATIONS

City Hall Lobby, Offices, and Council Chambers
701 Civic Center Blvd. (Right building)

Service provided: 4 days a week (Monday – Thursday)

General Cleaning and Lobby Area
• Clean entrance/exit glass doors 4 days per week
• Spot clean interior glass and windows 1 day per week • Clean/wipe all horizontal and vertical surfaces 1 day per week • Empty all trash 4 days per week
• Sweep and mop all hard surface floors 4 days per week • Vacuum all floor mats and carpeted area 4 days per week • Water plants 1 day per week
• Clean and polish all water fountains As needed

Periodic Cleaning
• Dust window sills, blinds, fire sensors and cobwebs as needed 1 day per week • Detail dust – high and low areas as needed 1 day per week • Clean/dust air intake and ceiling vents as needed As needed • Detail vacuum cloth furniture as needed As needed
• Spot clean carpet stains or spills as needed As needed

General Offices/Cubicle Workstations
• Spot clean all walls, light switches and doors as needed 1 day per week • Clean/dust all horizontal and vertical surfaces, i.e., counters, 1 day per week bookshelves, desk ledges (not including desktops) as needed • Empty trash, replace liner each time 4 days per week • Detail vacuum all carpet 2 days per week
• All hard floors swept, dust mopped and mopped 2 days per week

Meeting/Conference Rooms
• Spot clean all walls, light switches and doors 1 day per week • Clean/dust all horizontal and vertical surfaces 1 day per week • Empty trash, replace liner each time 4 days per week • Detail vacuum all carpet 4 days per week
• Arrange furniture 4 days per week

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October 21, 2022
2022 Janitorial Contract for City Facilities

F:\BUILDING\3.0 Bids-Projects\Monthly Janitorial\FY23 New Contract\RFP - 2022 Janitorial Contract - City Facilities 221020.docx Breakroom and Hallway sink area
• Spot clean all wall, light switched and doors 1 day per week • Restock paper and soap products 4 days per week
• Clean/wipe exterior of cabinets 1 day per week
• Clean/wipe sink and counter area 4 days per week
• Clean exterior of refrigerator 1 day per week
• Clean interior/exterior of microwaves 1 day per week • Clean/wipe all tables and chairs 4 days per week
• Empty trash, replace liner each time 4 days per week • Empty organic waste, replace liner each time 4 days per week* • Sweep and mop floors 4 days per week

Corridors and Hallways
• Spot clean wall, doors and light switches 1 day per week • Detail vacuum all carpet 2 days per week

All Restrooms
• Restock paper and soap products 4 days per week
• Clean sink and countertops 4 days per week
• Clean and polish restrooms dispensers and fixtures 4 days per week • Clean and polish restroom metal and mirrors 4 days per week • Clean and disinfect sanitary napkins dispensers 4 days per week • Clean and disinfect all toilets and urinals 4 days per week • Spot clean tile walls and toilet partitions 4 days per week • Sweep and mop floors 4 days per week

Trash and Recycling
• All trash is to be emptied, use new liners each time 4 days per week • Clean/wipe all trashcan lids 4 days per week
• Take trash to dumpster 4 days per week
• Take organic waste to Organic Waster trashcan 4 days per week • All recycling to be emptied and taken to Recycling dumpster 4 days per week

Exterior Maintenance
• Check and pickup entrance area for trash 4 days per week

Council Chambers
• Clean/wipe all horizontal and vertical surfaces 1 day per week • Vacuum all carpet 1 day per week
• Sweep and mop all hard surface floors 1 day per week

* On the Fridays that the worker is here for Police Department, please have them go to the City Hall to empty the organic waste containers in the Breakroom and North Wing Hallway.

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F:\BUILDING\3.0 Bids-Projects\Monthly Janitorial\FY23 New Contract\RFP - 2022 Janitorial Contract - City Facilities 221020.docx Police Department
701 Civic Center Blvd. (Left building)

Service Provided: 4 days per week (Monday, Wednesday, Friday, Saturday)

General Cleaning and Lobby Area
• Clean entrance/exit glass doors 4 days per week
• Spot clean interior glass and windows 1 day per week • Clean/wipe all horizontal and vertical surfaces 1 day per week • Empty all trash 4 days per week
• Sweep and mop all hard surface floors 4 days per week • Vacuum all floor mats and carpeted area 4 days per week

Periodic Cleaning
• Dust window sills, blinds, fire sensors and cobwebs as needed 1 day per week • Detail dust – high and low areas as needed 1 day per week • Clean/dust air intake and ceiling vents as needed As needed • Detail vacuum cloth furniture as needed As needed
• Spot clean carpet stains or spills as needed As needed

Dispatch Area
• Spot clean all wall, light switches and doors 1 day per week • Clean/wipe all horizontal and vertical surfaces 1 day per week • Empty trash, replace liner each time 4 days per week
• Sweep hard surface floors 4 days per week
• Damp mop hard surface floors 4 days per week
• Detail vacuum under and around all furniture 4 days per week • Arrange furniture 4 days per week

Waiting Area
• Spot clean all wall, light switches and doors 1 day per week • Clean/wipe all horizontal and vertical surfaces 1 day per week • Empty trash, replace liner each time 4 days per week
• Detail vacuum all carpet 4 days per week
• Arrange furniture 4 days per week

General Offices
• Spot clean all walls, light switches and doors as needed 1 day per week • Clean/dust all horizontal and vertical surfaces, i.e., desks, 1 day per week shelves, etc. as needed
• Empty trash, replace liner each time 4 days per week • Detail vacuum all carpet 4 days per week
• Arrange furniture 4 days per week

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• Spot clean all walls, light switches and doors 1 day per week • Clean/dust all horizontal and vertical surfaces, i.e., desks, 1 day per week shelves, etc., as needed
• Empty trash, replace liner each time 4 days per week • Detail vacuum all carpet 4 days per week
• Arrange furniture 4 days per week

Cubicle Work Stations
• Clean/dust workstations horizontal and vertical surfaces 1 day per week • Empty trash, replace liner each time 4 days per week
• Detail vacuum under and around work station 4 days per weeks • Arrange furniture 4 days per week

Breakroom
• Spot clean all wall, light switched and doors 1 day per week • Restock paper and soap products 4 days per week
• Clean/wipe exterior of cabinets 1 day per week
• Clean/wipe sink and counter area 4 days per week
• Clean exterior of refrigerator 4 days per week
• Clean interior/exterior of microwaves 4 days per week • Clean/wipe all tables and chairs 4 days per week
• Empty trash, replace liner each time 4 days per week • Empty organic waste, replace liner each time 4 days per week* • Sweep and mop floors 4 days per week

Corridors and Hallways
• Spot clean wall, doors and light switches 1 day per week • All hard floors swept, dust mopped and mopped 4 days per week • Detail vacuum all carpet 4 days per week

All Restrooms
• Restock paper and soap products 4 days per week
• Clean sink and countertops 4 days per week
• Clean and polish restrooms dispensers and fixtures 4 days per week • Clean and polish restroom metal and mirrors 4 days per week • Clean and disinfect sanitary napkins dispensers 4 days per week • Clean and disinfect all toilets and urinals 4 days per week • Spot clean tile walls and toilet partitions 4 days per week • Sweep and mop floors 4 days per week

Trash
• All trash is to be emptied, use new liners each time 4 days per week • Clean/wipe all trashcan lids 4 days per week
• Take trash to dumpster 4 days per week
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Exterior Maintenance
• Check and pickup entrance area for trash 4 days per week

* On the Fridays that the worker is here for Police Department, please have them go to the City Hall to empty the organic waste containers in the Breakroom and North Wing Hallway.

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F:\BUILDING\3.0 Bids-Projects\Monthly Janitorial\FY23 New Contract\RFP - 2022 Janitorial Contract - City Facilities 221020.docx Joseph A. Nelson Community Center
611 Village Dr.

Service Provided: 2 days a week (Wednesday and Sunday Night)

General Cleaning
• Clean and polish all water fountains As needed
• Clean / Wipe all horizontal and vertical surfaces 2 days per week • Empty all trash 2 days per week
• Sweep and mop all hard surface floors 2 days per week • Vacuum all carpeted areas 2 days per week

Periodic Cleaning
• Dust windowsills, blinds, fire sensors and cobwebs as needed As needed • Detail dust - high and low areas as needed As needed
• Clean /Dust air intakes and ceiling vents as needed As needed • Spot clean carpet stains or spills as needed As needed

Entrance Lobby
• Spot clean all walls, light switches and doors 2 days per week • Clean/Dust all horizontal and vertical surfaces 2 days per week • Clean entrance/exit glass doors As needed
• Spot clean inside windows As needed
• Spot clean interior glass 2 days per week
• Clean and Polish all water fountains As needed
• Empty trash, replace liner each time 2 days per week
• Sweep and mop all hard surface floors 2 days per week • Detail vacuum all carpet 2 days per week
• Arrange furniture 2 days per week

Open Gathering Area
• Spot clean all walls, light switches and doors as needed 2 days per week • Clean/Dust all horizontal and
vertical surfaces, i.e. desks, shelves, etc., 2 days per week as needed
• Clean all tables and chairs 2 days per week
• Empty trash, replace liner each time 2 days per week
• Sweep and mop all hard surface floors 2 days per week • Detail vacuum all carpet 2 days per week
• Arrange tables, chairs and furniture 2 days per week

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F:\BUILDING\3.0 Bids-Projects\Monthly Janitorial\FY23 New Contract\RFP - 2022 Janitorial Contract - City Facilities 221020.docx Resource all-purpose rooms
• Spot clean all walls, light switches and doors as needed 2 days per week • Clean/Dust all horizontal and vertical surfaces, i.e. desks, shelves, etc., 4 days per week as needed
• Empty trash, replace liner each time 2 days per week
• Sweep and mop floors 2 days per week
• Detail vacuum all carpet 2 days per week
• Arrange Furniture 2 days per week

Kitchen Serving Area
• Clean / Wipe all horizontal and vertical surfaces On request • Clean / Wipe sink area On request
• Restock paper and soap products As needed
• Clean exterior of refrigerator and stove On request
• Clean / Wipe exterior of cabinets On request
• Empty all trash 2 days per week
• Sweep and mop floors On request

Corridors and Hallways
• Spot clean walls, doors and light switches 2 days per week • All hard floors swept, dust-mopped and mopped 2 days per week • Detail vacuum all carpet 2 days per week

All Restrooms
• Restock paper and soap products 2 days per week
• Clean sinks and countertops 2 days per week
• Clean and polish restroom dispensers and fixtures 2 days per week • Clean and polish restroom metal and mirrors As needed • Clean and disinfect sanitary napkin dispensers 2 days per week • Clean and disinfect all toilets and urinals 2 days per week • Spot clean tile walls and toilet partitions 2 days per week • Sweep and mop floors 2 days per week

Trash
• All trash is to be emptied, use new liners each time 2 days per week • Clean/Wipe all trash can lids 2 days per week
• Take trash to dumpster 2 days per week

Hard Floors
• All hard floors swept, vacuumed or dust mopped 2 days per week • All hard floors wet mopped lightly 2 days per week

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F:\BUILDING\3.0 Bids-Projects\Monthly Janitorial\FY23 New Contract\RFP - 2022 Janitorial Contract - City Facilities 221020.docx Carpeted Floor Areas
• Vacuum all entrance mats and rugs 2 days per week
• Vacuum all carpeted areas 2 days per week
• Detail vacuum under and around all furniture 2 days per week

Exterior Maintenance
• Check and pickup entrance area for trash As needed

End of Night
• Turn off lights and lock doors per instructions 2 days per week • Set alarm per instructions 2 days per week

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F:\BUILDING\3.0 Bids-Projects\Monthly Janitorial\FY23 New Contract\RFP - 2022 Janitorial Contract - City Facilities 221020.docx Marina Restrooms
Main Street and Kellogg Street

Service Provided: 3 days a week (Friday, Saturday, and Sunday mornings)

General Cleaning
• Clean / Sanitized Bathrooms (toilets, sinks, floors) 3 days per week • Clean / Wipe all horizontal and vertical surfaces 3 days per week • Empty all trash 3 days per week
• Sweep and mop all hard surface floors 3 days per week • Replace soap and paper products 3 days per week
•

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LOCATION MAP

Suisun City Hall and Police Department
701 Civic Center Boulevard

Suisun City Hall
Police Dept.

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LOCATION MAP

Joseph A. Nelson Community Center
611 Village Drive

Joseph A. Nelson
Community Center
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LOCATION MAP

Marina Bathrooms

1. Main Street at Driftwood Drive

2. Kellogg Street (Southerly terminus of Kellogg Street (see following page))

LOCATION MAP
Marina Bathroom

1. Main Street at
Driftwood Drive
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Marina Bathrooms

1. Main Street at Driftwood Drive

2. Kellogg Street

Marina Bathroom

2. Kellogg Street
Southerly terminus
of Kellogg Street
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BID SCHEDULE

City Hall Janitorial Services
Item No. Description Qty Unit Unit Price
1 City Hall Services, Cost per month 1 LS

2 Police Department Services, Cost per month 1 LS

3 Joseph A. Nelson Community Center, Cost
per month
1 LS

4 Marina Bathrooms (Main Street / Kellogg
Street), Cost per month
1 LS

BASE BID TOTAL

Written bid amount:

Project will be awarded on the total base bid.

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F:\BUILDING\3.0 Bids-Projects\Monthly Janitorial\FY23 New Contract\RFP - 2022 Janitorial Contract - City Facilities 221020.docx Sample of Contract Services Agreement

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CONTRACT-1 CONTRACT SVR AGR
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CITY OF SUISUN CITY

CONTRACT SERVICES AGREEMENT FOR

THIS CONTRACT SERVICES AGREEMENT (herein “Agreement”) is made and entered into this day of , 20__, by and between the CITY OF , a herein (“City”) and
(herein “Contractor”).

NOW, THEREFORE, the parties hereto agree as follows:

1. SERVICES OF CONTRACTOR

1.1 Scope of Services. In compliance with all of the terms and conditions of this Agreement, the Contractor shall perform the work or services set forth in th e “Scope of Services” attached hereto as Exhibit “A” and incorporated herein by reference. Contractor warrants that all work and services shall be performed in professional and satisfactory manner.

1.2 Compliance With Law. All work and services rendered he reunder shall be provide in accordance with all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local governmental agency of competent jurisdiction.

1.3 Licenses, Permits, Fees and Assessments . Contractor shall obtain at its sole cost and expense such licenses, permits, and approvals as may be required by law for the performance of the services required by the Agreement.

2. COMPENSATION

2.1 Contract Sum . For the services rendered pursuant to this Agreement, Contractor shall be compensated in accordance with the “Schedule of Compensation” attached hereto as Exhibit “B” and incorporated herein by this reference, but not exceeding the maximum contract amount of ______________________________________ Dollars ($__________ _) (“Contract Sum”).

2.2 Method of Payment. Provided that Contractor is not in default under the terms of this Agreement, Contractor shall be paid ____________________________________.

3. COORDINATION OF WORK

3.1 Representative of Contractor . ______________________ ___________ is hereby designated as being the principal and representative of Contractor authorized to act in its behalf with respect to the work and services specified herein and make all decisions in connection therewith.

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3.2 Contract Officer. _____________ _______________________is hereby designated as being the representative the City authorized to act in its behalf with respect to the work and services specified herein and make all decisions in connection therewith (“Contract Officer”). The City Manager of City shall have the right o designate another Contract Officer by providing written notice to Contractor.

3.3 Prohibition Against Subcontracting or Assignment . Contractor shall not contract with any entity to perform in whole or in part the work or services required hereunder without the express written approval of the City. Neither this Agreement nor any interest herein may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. Any such prohibited assignment or transfer shall be void.

3.4 Independent Contractor. Neither the /city nor any of its employees shall have any control over the manner, mode or means by which Contractor, its agents or employees, perform the services required herein, except as otherwi se set forth. Contractor shall perform all services required herein as an independent contractor consistent with that role. Contractor shall not at any time or in any manner represent that it or nay of its agent or employees are agents or employees of City.

4. INSURANCE AND INDEMNIFICATION
Insurance. The Contractor shall procure and maintain, at its sole cost and expense, in a form and content satisfactory to City, during the entire term of this Agreement including any extension thereof, the following policies of insurance which shall cover all elected and appointed officers, employees and agents of City:
(a) General Liability Insurance (Occurrence Form CG0001 or equivalent) . A policy of comprehensive general liability insurance written on a per occurrence basis for bodily injury, personal injury and property damage. The policy of insurance shall be in an amount not less than $ 1,000,000.00 per occurrence or if a general aggregate limit is used, then the general aggregate limit shall be twice the occurrence limit.
(b) Worker’s Compensation Insurance . A policy of worker’s compensation insurance in such amount as will fully comply with the laws of the State of California and which shall indemnify, insure and provide legal defense for the Contractor against any loss, claim or damage arising from any injuries or occupational diseases occurri ng to any worker employed by or any persons retained by the Contractor in the course of carrying out the work or services contemplated in this Agreement.
(c) Automotive Insurance (Form CA 0001 (Ed 1/87) including “any auto” and endorsement CA 0025 or equivalent). A policy of comprehensive automobile liability insurance written on a per occurrence for bodily injury and property damage in an amount not less than $1,000,000. Said policy shall include coverage for owned, non-owned, leased, hired cars and any automobile.

All of the above policies of insurance shall be prim ary insurance and shall name the City, its elected and appointed officers, employees and agents as additional insureds and any insurance Item 11
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maintained by City or its officers, employees or agents may apply in excess of, and not contribute with Contractor’s insurance. The insurer is deemed hereof to waive all rights of subrogation and contribution it may have against the City, its officers, employees and agents and their respective insurers. Moreover, the insurance policy must specify that where the primary insured does not satisfy the self-insured retention, any additional insured may satisfy the self-insured retention.

All of said policies of insurance shal l provide that said insurance may not be amended or cancelled by the insurer or any party hereto without providing thirty (30) days prior written notice by certified mail return receipt requested to the City. In the event any of said policies of insurance are cancelled, the Contractor shall, prior to the cancellation date, submit new evidence of insurance in conformance with Section 5.1 to the Contract Officer.

No work or services under this Agreement shall commence until the Contractor has provided the City with Certificates of Insurance , additional insured endorsement forms or appropriate insurance binders evidencing the above insurance coverages and said Certificates of Insurance or binders are approved by the City. City reserves the right to inspect complete, certified copies of and endorsements to all required insurance policies at any time. Any failure to comply with the reporting or other provisions of the policies including breaches or warranties shall not affect coverage provided to City.

All certificates shall name the City as additional insured (providing the appropriate endorsement) and shall conform to the following “cancellation” notice:

CANCELLATION:

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE

CANCELLED BEFORE THE EXPIRATION DATED THEREOF,
THE ISSUING COMPANY SHALL MAIL THIRTY (30) -DAY

ADVANCE WRITTEN NOTICE TO CERTIFICATE HOLDER
NAMED HEREIN.
[to be initialed] ______________
Contractor Initials
City, its respective elected and appointed officers, directors, officials, employees, agents and volunteers are to be covered as additional insureds as respects: liability arising out of activities Contractor performs; products and completed operations of Contractor; premises owned, occupied or used by Contractor; or any automobiles owned, lease d, hired or borrowed by Contractor. The coverage shall contain no special limitations on the scope of protection afforded to City, and their respective elected and appointed officers, officials, employees or volunteers. Contractor’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.

Any deductibles or self-insured retentions must be declared to and approved by City. At the option of City, either the insurer shall reduce or eliminate such deductibles or self -insured retentions as respects City or its respective elected or appointed officers, officials, employees and volunteers or the Contractor shall procure a bond guaranteeing payment of losses and r elated investigations, claim administration, defense expenses and claims. The Contractor agrees that the Item 11
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requirement to provide insurance shall not be construed as limiting in any way the extent to which the Contractor may be held responsible for the paym ent of damages to any persons or property resulting from the Contractor’s activities or the activities of any person or persons for which the Contractor is otherwise responsible nor shall it limit the Contractor’s indemnification liabilities as provided in Section 5.3.

In the event the Contractor subcontracts any portion of the work in compliance with Section

4.5 of this Agreement, the contract between the Contractor and such subcontractor shall require the subcontractor to maintain the same policies of i nsurance that the Contractor is required to maintain pursuant to Section 5.1, and such certificates and endorsements shall be provided to City.

Indemnification. To the full extent permitted by law, Contractor agrees to indemnify , defend and hold harmless the City, its officers, employees and agents (“ Indemnified Parties”) against, and will hold and save them and each of them harmless from, any and all actions, either judicial, administrative, arbitration or regulatory claims, damages to persons or property, losses, costs, penalties, obligations, errors , omissions or liabilities whether actual or threatened (herein “claims or liabilities”) that may be asserted or claimed by any person, firm or entity arising out of or in connection with the negligent performance of the work, operations or activities provided herein of Contractor, its officers, employees, agents, subcontractors, or invitees, or any individual or entity for which Contractor is legally liable (“indemnitors”), or arising from Contractor’s or indemnitors’ reckless or willful misconduct, or arising from Contractor’s or indemnitors’ negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, and in connection therewith:
(a) Contractor will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorney’s fees incurred in connection therewith;
(b) Contractor will promptly pay any judgment rendered against the City, its officers, agents or employees for any such claims or liabilities arising out of or in connection with the negligent performance of or failure to perform such work, operations or activities of Contractor hereunder; and Contractor agrees to save and hold the City, its officers, agents, and employees harmless therefrom;
(c) In the event the City, its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against Contractor for such damages or other claims arising out of or in connection with the negligent performance of or failure to perform the work, operation or activities of Contractor hereunder, Contractor agrees to pay to the City, its officers, agents or employees, any and all costs and expenses incurred by the City, its officers, agents or employees in such action or proceeding, including but not limited to, legal costs and attorney’s fees.

Contractor shall incorporate similar indemnity agreements with its subcontractors and if it fails to do so Contractor shall be fully responsible to indemnify City hereunder therefore, and failure of City to monitor compliance with these provisions shall no t be a waiver hereof. This indemnification includes claims or liabilities arising from any negligent or wrongful act, error or Item 11
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omission, or reckless or willful misconduct of Contractor in the performance of professional services hereunder. The provisions of this Section do not apply to claims or liabilities occurring as a result of City’s sole negligence or willful acts or omissions, but, to the fullest extent permitted by law, shall apply to claims and liabilities resulting in part from City’s negligence , except that design professionals’ indemnity hereunder shall be limited to claims and liabilities arising out of the negligence, recklessness or willful misconduct of the design professional. The indemnity obligation shall be binding on successors and as signs of Contractor and shall survive termination of this Agreement.

1.2 Sufficiency of Insurer.

Insurance required by this Agreement shall be satisfactory only if issued by companies qualified to do business in California, rated “A” or better in the most recent edition of Best Rating Guide, The Key Rating Guide or in the Federal Register, and only if they are of a financial category Class VII or better, unless such requirements are waived by the Risk Manager of the City (“Risk Manager”) due to unique circums tances. If this Agreement continues for more than 3 years duration, or in the event the risk manager determines that the work or services to be performed under this Agreement creates an increased or decreased risk of loss to the City, the Contractor agrees that the minimum limits of the insurance policies may be changed accordingly upon receipt of written notice from the Risk Manager.

5. TERM

5.1 Term. Unless earlier terminate d in accordance with Section 5.2 below, this Agreement shall continue in full force and effect until ________________________.

5.2 Termination Prior to Expiration of Term. Either party may terminate this Agreement at any time, with or without cause, upon thirty (30) days’ written notice to the other party. Upon receipt of the notice of termination, the Contractor shall immediately cease all work or services hereunder except as may be specifically approved by the City , Contractor shall be entitled to compensation for all services rendered prior to the effectiveness of the notice of termination and for such additional services specifically authorized by the Contractor Officer and City shall be entitled to reimbursement for any compensation paid in excess of the services rendered.

6. MISCELLANEOUS

6.1 Covenant Against Discrimination. Contractor covenants that, by and for itself, its heirs, executors, assigns and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color creed, religion, sex, marital status, national origin, or ancestry in the performance of this Agreement. Contractor shall take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color creed, religion, sex, marital status, national origin, or ancestry.

6.2 Non-liability of City Officers and Employees. No officer or employee of the City shall be personally liable to the Contractor, or any successor in interest, in the event of Item 11
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any default or breach by the City or for any amount, which may become due to the Contractor or to its successor, or for breach of any obligation of the terms of this Agreement.

6.3 Conflict of Interest . No officer or employee of the City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which eff ects his financial interest or the financial interest of any corporation, partnership or association in which he is, directly or indirectly, interested, in violation of any State statute or regulation. The Contractor warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement.

6.4 Notice. Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other shall be in writing and either served personally or sent by prepaid, first-class mail, in the case of the City, to the City Manager and to the attention of the Contract Officer:

City of Suisun City
701 Civic Center Blvd.

Suisun City, CA 94585
O: 707-421-7340, F: 707-429-3758
[Insert contact email]
and in the case of the Contractor, to the person at the address designated on the execution page of this Agreement.

[Contractor company]
[Address]
[City, State Zip]
[Contact numbers]
[Insert contact email]

6.5 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.

6.6 Integration; Amendment . It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arr angements, agreements and understandings, if any, between the parties, and none shall be used to interpret this Agreement. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing.

6.7 Severability. In the ev ent that part of this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining portions of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties Item 11
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hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless.

6.8 Waiver. No delay or omission in the exercise of any right or remedy by non-defaulting party on any default shall impair such right or remedy or be construed as a waiver.

A party’s consent to or approval of any act by the other party requiring th e party’s consent or approval shall not be deemed to waive or render unnecessary the other party’s consent to or approval of any subsequent act. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default co ncerning the same or any other provision of this Agreement.

6.9 Attorneys’ Fees. If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which any be granted, whether legal or equitable, shall be entitled to reasonable attorney’s fees, whether or not the matter proceeds to judgment.

6.10 Corporate Authority. The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said party is bound.

IN WITNESS WHEREOF, the parties have executed and entered into this Agreement as of the date first written above.

CITY
CITY OF _________, a ___________

CITY MANAGER
ATTEST

City Clerk

CONTRACTOR

INSERT NAME OF CONTRACTOR HERE

By:

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Name
Its:

By:

Name
Its:
[END OF SIGNATURES]
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EXHIBIT A-1 CONTRACT SVR AGR
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EXHIBIT “A”

SCOPE OF SERVICES

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EXHIBIT “B”

SCHEDULE OF COMPENSATION

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EXHIBIT “C”

PROVISIONS REQUIRED FOR PUBLIC WORKS CONTRACTS
PURSUANT TO CALIFORNIA LABOR CODE SECTION 1720 ET SEQ.

HOURS OF WORK:

A. In accordance with California Labor Code Section 1810, 8 hours of labor in performance of the services described in Exhibit A shall constitute a legal day’s work under this contract.

B. In accordance with California Labor Code Section 1811, the time of service of any worker employed in performance of the services described in Exhibit A is limited to eight hours during any one calendar day, and forty hours during any one calendar week, except in accordance with California Labor Code Section 1815, which provides that work in excess of eight hours during any one calendar day and forty hours during any one calendar week is permitted upon compensation for all hours worked in excess of eight hours during any one calendar day and forty hours during any one calendar week at not less than one-and- one-half times the basic rate of pay.

C. The Consultant and its subcontractors shall forfeit as a penalty to the City $25 for each worker employed in the performance of the services described in Exhibit A for each calendar day during which the worker is required or permitted to work more than 8 hours in any one calendar day, or more than 40 hours in any one calendar week, in violation of the provisions of California Labor Code Section 1810 and following.

WAGES:

A. In accordance with California Labor Code Section 1773.2, the City has determined the general prevailing wages in the locality in which the services described in Exhibit A are to be performed for each craft or type of work needed to be as published by the S tate of California Department of Industrial Relations, Division of Labor Statistics and Research, a copy of which is on file in the City Public Works Office and shall be made available on request. The Consultant and subcontractors engaged in the performan ce of the services described in Exhibit A shall pay no less than these rates to all persons engaged in performance of the services described in Exhibit A.

B. In accordance with Labor Code Section 1775, the Consultant and any subcontractors engaged in performance of the services described in Exhibit A shall comply Labor Code Section 1775, which establishes a penalty of up to $50 per day for each worker engaged in the performance of the services described in Exhibit A that the Consultant or any subcontractor pays less than the specified prevailing wage. The amount of such penalty shall be determined by the Labor Commissioner and shall be based on consideration of the mistake, inadvertence, or neglect of the Consultant or subcontractor in failing to pay the correct rate of prevailing wages, or the previous record of the Consultant or subcontractor Item 11
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EXHIBIT C-2 CONTRACT SVR AGR
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in meeting applicable prevailing wage obligations, or the willful failure by the Consultant or subcontractor to pay the correct rates of prevailing wages. A mistake , inadvertence, or neglect in failing to pay the correct rate of prevailing wages is not excusable if the Consultant or subcontractor had knowledge of their obligations under the California Labor Code. The Consultant or subcontractor shall pay the differe nce between the prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the prevailing wage rate. If a subcontractor worker engaged in performance of the services described in Exhibit A is not paid the general prevailing per diem wages by the subcontractor, the Consultant is not liable for any penalties therefore unless the Consultant had knowledge of that failure or unless the Consultant fails to comply with all of the following requirements:

1. The contract executed between the Consultant and the subcontractor for the performance of part of the services described in Exhibit A shall include a copy of the provisions of California Labor Code Sections 1771, 1775, 1776, 1777.5, 1813, and 1815.

2. The Consultant shall monitor payment of the specified general prevailing rate of per diem wages by the subcontractor by periodic review of the subcontractor’s certified payroll records.

3. Upon becoming aware of a subcontractor’s failure to pay the specified prevailing rate of wages, the Consultant shall diligently take corrective action to halt or rectify the failure, including, but not limited to, retaining sufficient funds due the subcontractor for performance of the services described in Exhibit A.

4. Prior to making final payment to the subcontractor, the Consultant shall obtain an affidavit signed under penalty of perjury from the subcontractor that the subcontractor has paid the specified general prevailing rate of per diem wages for employees engaged in the performance of the services described in Exhibit A and any amounts due pursuant to California Labor Code Section 1813.

C. In accordance with California Labor Code Section 1776, the Consultant and each subcontractor engaged in performance of the services described in Exhibit A shall keep accurate payroll records showing the name, address, social security number, work, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed in performance of the services described in Exhibit A. Each payroll record shall contain or be verifie d by a written declaration that it is made under penalty of perjury, stating both of the following:

1. The information contained in the payroll record is true and correct.

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2. The employer has complied with the requirements of Sections 1771, 1811, and 1815 for any work performed by the employer’s employees on the public works project.

The payroll records required pursuant to California Labor Code Section 1776 shall be certified and shall be available for inspection by the Owner and its authorized representatives, the Division of Labor Standards Enforcement, the Division of Apprenticeship Standards of the Department of Industrial Relations and shall otherwise be available for inspection in accordance with California Labor Code Section 1776.

D. In accord ance with California Labor Code Section 1777.5, the Consultant, on behalf of the Consultant and any subcontractors engaged in performance of the services described in Exhibit A, shall be responsible for ensuring compliance with California Labor Code Section 1777.5 governing employment and payment of apprentices on public works contracts.

E. In case it becomes necessary for the Consultant or any subcontractor engaged in performance of the services described in Exhibit A to employ for the services described in Exhibit A any person in a trade or occupation (except executive, supervisory, administrative, clerical, or other non manual workers as such) for which no minimum wage rate has been determined by the Director of the Department of Industrial Relations, the Contractor shall pay the minimum rate of wages specified therein for the classification which most nearly corresponds to services described in Exhibit A to be performed by that person. The minimum rate thus furnished shall be applicable as a minimum for such trade or occupation from the time of the initial employment of the person affected and during the continuance of such employment.

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October 21, 2022
2022 Janitorial Contract for City Facilities

F:\BUILDING\3.0 Bids-Projects\Monthly Janitorial\FY23 New Contract\RFP - 2022 Janitorial Contract - City Facilities 221020.docx General Liability Form
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INSURER:

POLICY NUMBER:

ENDORSEMENT NUMBER:

THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY.

ADDITIONAL INSURED – OWNERS, LESSEES OR

CONTRACTORS (FORM B)

This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART.

SCHEDULE

Name of Organization

(If no entry appears above, the information required to complete this endorsement will be shown in the Declarations as application to this endorsement.)

WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of “your work” for that insured by or for you.

Modifications to ISO form CG 20 10 11 85:

1. The insured scheduled above includes the Insured’s officers, officials, employees and volunteers.

2. This insurance shall be primary as respects the insured shown in the schedule above, or if excess, shall stand in an unbroken chain of coverage excess of the Named Insured’s scheduled underlying primary coverage. In either event, any other insurance maintained by the Insured scheduled above shall be in excess of this insurance and shall not be called upon to contribute with it.

3. The insurance afforded by this policy shall not be canceled except after thirty (30) days prior written notice by certified mail return receipt requested has been given to the City.

___________________________________
Signature-Authorized Representative

___________________________________
Address

___________________________________

CG 20 10 11 85 Insurance Services Office Inc. Form (Modified)

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PREPARED BY: Amanda Dum, Management Analyst
REVIEWED BY: Nouae Vue, Public Works Director
APPROVED BY: Greg Folsom, City Manager

AGENDA TRANSMITTAL

MEETING DATE: December 20, 2022

CITY AGENDA ITEM: Receive and file SB-165 Annual Reports for Community Facilities District No. 1, Community Facilities District No. 2, and Community Facilities District No. 3, to comply with the Local Agency Special Tax Bond and Accountability Act.

FISCAL IMPACT: There is no discernable impact to the General Fund from the filing of this report.

STRATEGIC PLAN IMPACT: Provide good governance.

BACKGROUND: The Local Agency Special Tax Bond and Accountability Act (the “Act”), enacted by Senate Bill 165, is codified in California Government Code Sections 50075 through 50077.

The Act imposes accountability requirements with respect to any local bond special tax subject to voter approval. These requirements only apply to local agencies that have imposed special taxes or issued bond measures subject to voter approval after January 1, 2001.

Relevant excerpts from California Government Code are provide below:

1. California Government Code, Section 50075.3 states the chief fiscal officer of the levying local agency shall file a report with its governing body no later than January 1, 2002, and at least once a year thereafter. The annual report shall contain both the following: (a) The amount of funds collected and expended; and (b) T he status of any project required or authorized to be funded as identified in Section 50075.1(a).

2. California Government Code, Section 50075.1(a) requires a statement indicating the specific purposes of the special tax.

STAFF REPORT: The City currently has three Community Facilities Districts which have imposed special taxes subject to voter approval after January 1, 2001. These districts are:

• Community Facilities District No. 1
• Community Facilities District No. 2 (and Tax Zones)
• Community Facilities District No. 3

The Chief Fiscal Officer of these districts hereby submits the annual reports for each of these districts.

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Community Facilities District No. 1 provides public safety services that consist of those direct and incidental expenses required for the providing of police services within the Community Facilities District No. 1 boundary. In Fiscal Year 2021 -22, the d istrict collected $ 138,852 and expended $141,868. The cash balance at year end was $794 and the status of the district is on-going.

Community Facilities District No. 2 provides certain police, fire, paramedical, storm drain and landscaping maintenance services. In Fiscal Year 2021 -22, the d istrict collected $ 700,871 and expended $726,612. The cash balance at year end was $168,631 and the status of the district is on- going.

Community Facilities District No. 3 provides police services, fire services, paramedical services, services for the maintenance of parks, parkways, and open space (landscaping), and services for the maintenance of storm drains. In Fiscal Year 2021-22, the district collected $69,582 and expended $73,348. The cash balance at year end was $1,345 and the status of the district is on-going.

RECOMMENDATION: It is recommended that the City Council receive and file SB-165 Annual Reports for Community Facilities District No. 1 , Community Facilities District N o. 2, and Community Facilities District No. 3 to c omply with the Local Agency Special Tax Bond and Accountability Act.
____________________________________________________________________________ ATTACHMENTS:

1. SB-165 Annual Report for Community Facilities Districts

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SENATE BILL 165
Local Agency Special Tax and Bond Accountability Act
Senate Bill 165, filed with the Secretary of State on September 19, 2000, enacted the Local Agency Special Tax and Bond Accountability Act (the “Act”). This Act requires that any local special tax subject to voter approval contain a statement indicating the specific purposes of the special tax, require that the proceeds of the special tax be applied to those purposes, require the creation of an account into which the proceeds shall be deposited, and require an annual report containing specified information concerning the use of the proceeds. The Act only applies to any local special tax measure adopted on or after January 1, 2001 in accordance with Section 50075.1 of the California Government Code.

Some of the requirements of the Act are handled at the formation of the Special Tax District and others are handled through annual reports. This Section of this report intends to comply with Section 50075.3 of the California Government Code that states:
“The chief fiscal officer of the levying local agency shall file a report with its governing body no later than January 1, 2002, and at least once a year thereafter. The annual report shall contain both of the following:
(a) The amount of funds collected and expended.
(b) The status of any project required or authorized to be funded as identified in subdivision (a) of Section 50075.1.”

PURPOSE OF THE SPECIAL TAX
The Special Tax is levied to recover the costs of services which may include landscaping, open space services, storm drainage services, neighborhood parks and public safety services for each Community Facilities District (CFD). Specific services may differ for each CFD.

COLLECTIONS AND EXPENDITURES
Special Tax Fund
6/30/2021
Balance
Amount
Collected
Expended
Amount
6/30/2022
Balance
Service
Status
CFD No. 1 $3,809.36 $138,852.21 $141,867.60 $793.97 Ongoing CFD No. 2 (Citywide) 182.37 628,064.87 634,477.91 (6,230.67) Ongoing CFD No. 2 (Tax Zone #1) 52,676.50 15,423.51 14,983.37 53,116.64 Ongoing CFD No. 2 (Tax Zone #2) 20,689.45 9,131.97 5,459.92 24,361.50 Ongoing CFD No. 2 (Tax Zone #3) 49,999.86 9,293.77 16,759.20 42,534.43 Ongoing CFD No. 2 (Tax Zone #5) 44,025.69 12,092.55 26,386.62 29,731.62 Ongoing CFD No. 2 (Tax Zone #6) 26,798.54 26,864.38 28,544.97 25,117.95 Ongoing CFD No. 3 5,111.30 69,582.10 73,348.21 1,345.19 Ongoing Totals $203,293.07 $909,305.36 $941,827.80 $170,770.63
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PREPARED BY: Elena Gerli, City Attorney
REVIEWED AND APPROVED BY: Greg Folsom, City Manager

AGENDA TRANSMITTAL

MEETING DATE: December 20, 2022

CITY AGENDA ITEM: Brown Act Updates:

a. Receive and file report on Brown Act updates.
b. Council Adoption of Resolution No. 2022-___: A resolution of the City Council of the City of Suisun City adopting a reasonable accommodation policy to apply to all Brown Act meetings.
c. Council Adoption of Resolution No. 2022-___: A resolution of the City Council of the City of Suisun City to update the language on the City’s agendas to reflect the changes to the Brown Act enacted by AB 2449, SB 1100, and SB 1489.

FISCAL IMPACT: None.

BACKGROUND: On September 13, 2022, Governor Newsom signed Assembly Bill 2449 (“AB 2449”) to modernize existing teleconferencing requirements under the Brown Act by temporarily allowing less than a quorum of a legislative body to attend public meetings remotely without posting their location and removing the requirement for public participation in a nonpublic location, provided certain requirements are met. The Bill also requires that the legislative bodies have and implement a reasonable accommodation policy for individual with disabilities, consistent with the Americans with Disabilities Act. The agenda language also should be amended to reflect the new changes.

AB 2449 takes effect January 1, 2023.

The Legislature has also adopted Senate Bill 1100 (“SB 1100”), which adds provisions to the Brown Act relating to the removal of disruptive members of the public from meetings.

Finally, Senate Bill 1489 (“SB 1489”) amends the Brown Act to no longer require reading by title only when ordinances at introduction or passage of the ordinances.

This staff report is informational for the Council and the public, and the City Attorney is requesting direction on the reasonable accommodation policy and the proposed updated agenda language.

STAFF REPORT:

AB 2449
A. Amends the Brown Act to add alternative teleconferencing provisions, in addition to the existing traditional teleconferencing rules (“Traditional Rules”) and the AB 361 teleconferencing rules.
• Traditional Rules Gov’t § 54953(b)(3): members can participate by teleconference, provided that: at least a quorum of the members participate in-person from locations identified on the agenda that are within the local agency’s jurisdictional boundaries; Item 13
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each teleconference location is accessible to the public; the meeting agenda is posted at each teleconference location; and any such location is posted on the meeting notices and agenda. These provisions remain essentially unchanged except for some reorganization.
• AB 361: these provisions , added to allow remote participation during a state of emergency, will remain in the Brown Act until January 1, 2024. However, once the Governor lifts the emergency order, likely February 28, 2023, these rules cannot be used to hold remote meetings as was done during COVID.
• New teleconferencing rules: members can teleconference into meetings without meeting the requiremen ts of the Traditional Rules only for just cause or due to emergency circumstances. These provisions expire January 1, 2026. • “Just cause” includes: (i) necessary caregiving to a child, parent, grandparent, grandchild, sibling, spouse, or domestic partner; (ii) having a contagious illness, (ii) having a physical or mental disability that is not otherwise accommodated; or (iv) traveling on official business of the local agency or another state or local agency. This can only be used twice in one year by each member. • “Emergency circumstances” means a physical or family medical emergency that prevents a member from attending in person.
• Cannot use these provisions to attend remotely for more than 3 months out of the year, or 20% of the annual meetings.
• AB 2449 has requirements for how a member can notify the body that they need to teleconference without complying with the Traditional Rules, and provides a process for how to address the request if it comes after the time for publishing the agenda.
• These provisions also have a number of requirements for remote participation by the public, including the type of platform that should be used, and providing the public with the ability to comment in real time during the meeting, and including information on the agenda regarding how the public can participate.

B. Amends Brown Act to add a requirement for a reasonable accommodation policy (sunsets by January 1, 2026).
• All agencies must have and implement a written policy to swiftly address reasonable accommodation requests, and either provide it as part of the agenda, or reference it on the agenda and provide a link. Current agenda language regarding accessibility should be updated to include reference to reasonable accommodations. • This requirement goes into effect January 1, 2023 and therefore requires action by the body prior to January 1. ADA requires reasonable accommodations irrespective of any language in the Brown Act.

C. Amends Brown Act to add non-discrimination provisions, reflecting current law.

SB 1100
This bill amends the Brown Act by adding provisions that articulate the authority of the presiding member of a legislative body to have an individual removed for disrupting a meeting of the body.

Before being removed, the person must be warned that that their behavior is disruptive, and that continued disruption may result in their removal (however, no prior warning is required if the person is engaging in use of force or threatening to use force against anyone). Behavior is otherwise Item 13
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“disruptive” if it disrupts or impedes the orderly conduct of the meeting. This bill will be codified as Gov’t Code Section 54957.95.

SB 1489
Amends Gov’t Code Section 36934 to no longer require reading of ordinances by title only, as follows (new language in bold): “Except when, after reading the title, further reading is waived by regular motion adopted by majority vote all ordinances shall be read in full either at the time of introduction or passage; provided, however, that a reading of the title or ordinance shall not be required if the title is included on the published agenda and a copy of the full ordinance is made available to the public online and in print at the meeting prior to the introduction or passage.”

Council direction:

Attached is a draft reasonable accommodation policy for Council consideration. The policy outlines the accommodations that the City has already in place and that are readily available upon request, a process to request additional accommodations, and guidance for staff who receive such a request.

Additionally, the City Attorney’s Office has provided recommended edits to the standard agenda language to reflect the changes to the Brown Act made by these bills.

STAFF RECOMMENDATION: It is recommended that the City Council:

1. Receive and file report on Brown Act updates.

2. Council Adoption of Resolution No. 2022-___: A resolution of the City Council of the City of Suisun City adopting a reasonable accommodation policy to apply to all Brown Act meetings.

3. Council Adoption of Resolution No. 2022-___: A resolution of the City Council of the City of Suisun City to update the language on the City’s agendas to reflect the changes to the Brown Act enacted by AB 2449, SB 1100, and SB 1489.

ATTACHMENTS:

1. Council Adoption of Resolution No. 2022-___: A resolution of the City Council of the City of Suisun adopting a reasonable accommodation policy to apply to all Brown Act meetings.

2. Council Adoption of Resolution No. 2022-___: A resolution of the City Council of the City of Suisun to update the language on the City’s agendas to reflect the changes to the Brown Act enacted by AB 2449, SB 1100, and SB 1489.

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RESOLUTION NO. 2022-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUISUN

ADOPTING A REASONABLE ACCOMMODATION POLICY TO APPLY
TO ALL BROWN ACT MEETINGS.

WHEREAS, on September 13, 2022, Governor Newsom signed Assembly Bill 2449 (“AB 2449”) to modernize existing teleconferencing requirements under the Brown Act by temporarily allowing less than a quorum of a legislative body to attend public meetings remotely without posting their location and removing the requirement for public participation in a nonpublic location, provided certain requirements are met.

WHEREAS, AB 2449 also requires that the legislative bodies have and implement a reasonable accommodation policy for individual with disabilities, consistent with the Americans with Disabilities Act (“ADA”).

WHEREAS, the City Council of the City of Suisun City finds that the proposed policy will satisfy the requirements of the ADA and the Brown Act.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SUISUN CITY DOES RESOLVE AS FOLLOWS:

Section 1 . The above recitals are true and correct and are incorporated herein by reference.

Section 2. The attached reasonable accommodation policy is hereby adopted. The City Manager is authorized to take such actions as may be necessary to make the policy avail able for review or download, and for its implementation, including revisions to the agenda language.

PASSED AND ADOPTED at the Regular Meeting of the City Council of the City of Suisun City duly held on Tuesday, the _____ day of ___________ 2022, by the following vote:

AYES: Council Members:

NOES: Council Members:

ABSENT: Council Members:

ABSTAIN: Council Members:

WITNESS my hand and the seal of said City this _____ day of ______, 2022.

Anita Skinner
City Clerk
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07777.0194/835878.3

REASONABLE ACCOMMODATIONS POLICY

FOR PUBLIC AGENCY BROWN ACT MEETINGS
Effective January 1, 2023, Government Code Section 54953(g) requires that all public agencies have and implement a procedure for receiving and swiftly resolving reasonable accommodation requests for individuals with disabilities, consistent with the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and resolving any doubt in favor of accessibility. Requests may be made by any individual that participates or conducts the meeting, such as members of the public, staff, and members of the legislative body.

Readily Available Accommodations

Any of the following accommodations can be provided for a publicly-noticed public agency meeting or meetings open to the public:
• For individuals with hearing loss: assistive listening devices; assistive listening systems;
• For individuals with mobility impairments: ADA accessible facilities, including ramps and elevators, to access council chambers; closed circuit broadcast/Zoom/telephone access.

Additional Accommodations (Upon Request)
Individuals who are deaf or hard of hearing, who are blind or have low vision, have mobility impairments, or have any other disability, may also request accommodations other than those readily available using the process outlined below. Accommodations should be requested as early as possible as additional time may be required in order to provide t he requested accommodation. Note that an accommodation will be considered to be unreasonable and will not be provided if it imposes undue financial or administrative burdens on the public agency , or requires a fundamental alteration in the nature of a program. If a particular accommodation as unreasonable, the public agency will offer an alternative accommodation that is reasonable.

Process to request an additional accommodation:

1. If you would like an additional accommodation that is not identified above, please request an accommodation as soon as you can, preferably before the meeting you wish to attend, or at the meeting itself if necessary. The sooner the request is made, the more likely it is that the public agency can provide the accommodation or an a lternative. You can make this request yourself, or someone can make it on your behalf with your permission.

2. Your request can be made orally or in writing, and you should submit it to the public agency’s administrative offices or to the City Manager /CEO/Executive Director so as to avoid delay in reviewing and processing the request. Requests can be made at either the following email address or mailing address:

3. Your request for an accommodation must provide the following information:

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(a) What accommodation? We need to know the type of accommodation you are seeking, and/or how the accommodation will allow you to access and participate in the meeting. You are not required to disclose the particular disability, instead a general statement of explanation will suffice. You may, but are not required to, submit a letter from a physician to the effect that the requested accommodation is required for you to access and participate in the meeting. (b) Contact information. You must give staff current c ontact information so they can respond in a timely manner. This can be a mailing address, an email address, or telephone number, for example. Note that if only a mailing address is provided, you need to make the request early enough that a mailed response can be timely provided.
(c) Which meeting or meetings? Please specify if the accommodation is requested for a specific meeting, or for all or a series of meetings before a particular body.

Procedures for Public Agency Staff:

A. Any staff member who receives, or believes they may have received, an accommodation request, will promptly relay the request and the requestor’s contact information to the City/Agency Clerk, City Manager/Executive Director, or City Attorney/Agency Counsel.

B. The City Attorney/Agency Counsel may be requested to assist in the review of requests, and assist staff in providing a response to the requestor as soon as practicable.

C. All reasonable accommodation request responses shall be provided in writing, when such written response can be transmitted in a timely manner prior to the start of the specific meeting. Otherwise, the response will be provided orally. Responses will identify whether the accommodation is granted or granted in the alternative, and any instructions necessary to access the accommodation. If denied the response will identify the grounds for denial . Public agency staff will document requests and responses provided orally.

D. The law requires that all doubt be resolved in favor of accommodations. Staff will make reasonable efforts to communicate with requestors to obtain clarifications or to discuss whether alternative accommodations will be viable.

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RESOLUTION NO. 2022-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUISUN
CITY TO UPDATE THE LANGUAGE ON THE CITY’S AGENDAS TO
REFLECT THE CHANGES TO THE BROWN ACT ENACTED BY AB 2449, SB 1100, AND SB 1489

WHEREAS, on September 13, 2022, Governor Newsom signed Assembly Bill 2449 (“AB 2449”) to modernize existing teleconferencing requirements under the Brown Act by temporarily allowing less than a quorum of a legislative body to attend public meetings remotely without posting their location and removing the requirement for public participation in a nonpublic location, provided certain requirements are met.

WHEREAS, AB 2449 also requires that the legislative bodies have and implement a reasonable accommodation policy for individual with disabilities, consistent with the Americans with Disabilities Act (“ADA”), and the bill requires that “In each instance in which notice of the time of the meeting is otherwise given or the agenda for the meeting is otherwise posted, the legislative body shall also give notice of the procedure for receiving and resolving requests for accommodation.”
WHEREAS, on August 22, 2022, Governor Newsome signed Senate Bill 1100 (“SB 1100”), amending the Brown Act by adding Section 54957.95 to the Government Code, which adds provisions that articulate the authority of the presiding member of a legislative body to have an individual removed for disrupting a meeting of the body, as well as the process for the presiding member to follow.

WHEREAS, on September 18, 2022, Governor Newsom signed Senate Bill 1489 (“SB 1489”), which amends Government Code Section 36934 to no longer require reading of ordinances by title only, as follows (new language in italics): “Except when, after reading the title, further reading is waived by regular motion adopted by majority vote all ordinances shall be read in full either at the time of intr oduction or passage; provided, however, that a reading of the title or ordinance shall not be required if the title is included on the published agenda and a copy of the full ordinance is made available to the public online and in print at the meeting prio r to the introduction or passage.”
WHEREAS, the City Council of the City of Suisun City wishes to update the agenda language effective January 1, 2023, to reflect the requirements of AB 2449, SB 11000, and SB 1489.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SUISUN CITY DOES HEREBY RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS:

Section 1. The above recitals are true and correct and are incorporated herein by reference.

Section 2. The Brown Act meetings agenda language shall be updated in accordance with AB 2449, SB 1100, and SB 1489. The City Manager is authorized to ensure that all agendas for Brown Act meetings are updated to reflect these changes.

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01080.0001/840735.1 Resolution No. 2022-__
Adopted

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PASSED AND ADOPTED at the Regular Meeting of the City Council of the City of Suisun City duly held on Tuesday, the _____ day of ___________ 2022, by the following vote:

AYES: Council Members:

NOES: Council Members:

ABSENT: Council Members:

ABSTAIN: Council Members:

WITNESS my hand and the seal of said City this _____ day of ______, 2022.

Anita Skinner
City Clerk
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PREPARED BY: Elizabeth N. Luna, Accounting Services Manager REVIEWED/APPROVED BY: Lakhwinder Deol, Finance Director REVIEWED/APPROVED BY: Greg Folsom, City Manager

AGENDA TRANSMITTAL

MEETING DATE: December 20, 2022

SUCCESSOR AGENCY AGENDA ITEM: Successor Agency Adoption of Resolution No.

SA2022-___: Receiving and Accepting a Recognized Obligation Payment Schedule 2023/24 (ROPS) for the Period of July 1, 2023 through June 30, 2024.

FISCAL IMPACT : None. All obligations listed will be included in the FY 2023-24 Annual Budget.

STRATEGIC PLAN: Provide Good Governance, Ensure Fiscal Solvency.

BACKGROUND: A component of the dissolution of the former redevelopment agency requires that the Successor Agency prepare a Recognized Obligation Payment Schedule (ROPS) and submit it to the County Oversight Board. Pursuant to Health and Safety Code §34179.7(o)(1), enacted by SB 107 in the Fall of 2015, commencing with the ROPS covering the period from July 1, 2016 to June 30, 2017 and thereafter, Successor Agencies are to submit an Oversight Board approved annual ROPS to the Department of State Finance and the County Auditor-Controller by February 1, 2016 and each February 1 thereafter.

STAFF REPORT: The following provides an overview of deadlines and process associated with the ROPS:

ROPS Submittal Deadline – February 1, 2023, is the deadline to submit a ROPS cov ering the period of July 1, 2023, through June 30, 2024 to the State Department of Finance (DOF).

ROPS Submittal/Approval Process – The Successor Agency must submit the ROPS to the County Auditor -Controller, County Administrative Officer, and to the Solano County Oversight Board for approval. The deadline to submit the report is December 22, 2022, for January 12, 2023, scheduled County Oversight Board Meeting.

ROPS Form – The DOF provides the ROPS form. However as of this writing, the DOF RAD App website is not responding. The website portal has been down since December

8. DOF is aware of the interruption. Due to inaccessibility of the ROPS template combined with time constraint, staff created the attached excel worksheet showing the list of obligations for fiscal year 2023-24.

Penalties – A penalty may be levied on the City of $10,000 per day for each day the ROPS is delinquent. Failure to submit the ROPS within 10 days of the deadline will result in a 25% reduction of the Successor Agency’s maximum administrative cost allowance for the period covered by the delinquent ROPS.

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The current ROPS includes line items that were listed on previously adopted ROPS, but contain updated figures to reflect the upcoming fiscal year (July 1, 202 3, to June 30, 2024). The ROPS includes the following addition:
• $156,232 Marina Maintenance Projects added to Marina Construction Loan Annual Payment The Suisun City Marina requires major facility repairs. Included in this year’s request are the following:
a. $110,248 for Annual Maintenance and Inspection-Floating Concrete Dock System including repairs based on a quote provided by Bellingham Marine.

b. $33,960 for Marina Harbormaster building customed clock including installation.

c. $12,024 for Marina Fish Station replacement of garbage disposal.

The attached ROPS worksheet is subject to change based on the County Auditor Controller (CAC) review of the ROPS 20-21 Prior Period Adjustment (PPA).

If necessary, there is an opportunity to submit an amended ROPS no later than October 1, 2023. If the Solano Consolidated Oversight Board makes a finding the revision is necessary for the payment of approved enforceable obligations during the second half of the ROPS period (January 1, 2023, through June 30, 2024).

In lieu of the full ROPS worksheet, a schedule of obligation is attached for your review. The ROPS schedule includes monies for debt service payments and Successor Agency administration costs of $250,000.

Staff recommends that the Successor Agency receive and accept the ROPS obligation requests for fiscal year 2023-24.

RECOMMENDATION: It is recommended that the Successor Agency Adopt Resolution No.

SA2022-___: Receiving and Accepting a Recognized Obligation Payment Schedule 202 3/24 (ROPS) for the Period of July 1, 2023, through June 30, 2024.

ATTACHMENTS:

1. Successor Agency Adopt Resolution No. SA2022-___: Receiving and Accepting a Recognized Obligation Payment Schedule 2023/24 (ROPS) for the Period of July 1, 2023, through June 30, 2024

2. ROPS 2022/23 (July 1, 2022 through June 30, 2023) worksheet.

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RESOLUTION NO. SA 2022 -

A RESOLUTION OF THE SUCCESSOR AGENCY TO THE REDEVELOPMENT

AGENCY OF THE CITY OF SUISUN CITY RECEIVING AND ACCEPTING A RECOGNIZED OBLIGATION PAYMENT SCHEDULE 2023/24 (ROPS) FOR THE PERIOD OF JULY 1, 2023 THROUGH JUNE 30, 2024

WHEREAS, as part of the 2011-12 State budget bill, the California Legislature enacted and the Governor has signed, companion bills AB 26 X1 (AB 26) and AB 27 X1 (AB 27), requiring that each redevelopment agency be dissolved unless the community that created it enacts an ordinance committing it to making certain payments; and WHEREAS, on December 29, 2011, the California Supreme Court issued its opinion in the case of California Redevelopment Association, et al. v. Ana Matosantos, etc., et al., Case No. S196861, and upheld the validity of AB 26 and invalidated AB 27; and WHEREAS, the Court’s decision resulted in the implementation of AB 26, which dissolves all redevelopment agencies in the State of California as of February 1, 2012; and WHEREAS, the City is, by operation of law, the Successor Agency (the “Agency”) to the Redevelopment Agency for purposes of winding down the Redevelopment Agency under AB 26; and
WHEREAS, as part of the 2012-13 State budget bill, the California Legislature enacted and the Governor has signed AB 1484, which enacted several technical and substantive amendments to AB 26, including certain processes and procedures relating to the submittal of the ROPS; and
WHEREAS, the California Legislature enacted and the Governor has signed SB107, which enacted several additional technical and substantive amendments to the dissolution laws, including certain processes and procedures relating to the submittal of the ROPS; and WHEREAS, pursuant to the dissolution laws, the City as Successor Agency is required to maintain a “Recognized Obligation Payment Schedule” (the “ROPS”), which schedule was revised with pertinent data for the period of July 1, 2023, through June 30, 2024; and WHEREAS, the City Council desires to memorialize the Successor Agency’s receipt and acceptance of the ROPS 2023-2024 including the $250,000 Successor Agency Admin Cost; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of Suisun City, acting as the Successor Agency to the Redevelopment Agency of the City of Suisun City, resolve as follows:

Section 1. The Recitals set forth above are true and correct and incorporated herein by reference.

Section 2. The ROPS, attached hereto and incorporated herein by this reference, is hereby adopted pursuant to Health & Safety Code Section 34180.

Section 3. The Successor Agency Executive Director or designee is authorized to take all actions necessary to implement this Resolution, including any necessary administrative corrections, in addition to the posting of this Resolution and ROPS on the Board's website, and the provision of notice of adoption of this Resolution and such Schedule to the State Department of Finance.

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Attachment 1
157

Resolution No. 2022-__
Adopted

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PASSED AND ADOPTED at a regular meeting of the City Council serving as the Successor Agency to the Redevelopment Agency of the City of Suisun City duly held on Tuesday, the 20th of December 2022, by the following vote:

AYES: Council Members:

NOES: Council Members:

ABSENT: Council Members:

ABSTAIN: Council Members:

WITNESS my hand and the seal of said City this 20
th day of December 2022.

Anita Skinner
City Clerk
Item 14
Attachment 1
158
Agreement Agreement Total ROPS
Item Project  Name Obligation   Execution Termination   Payee Description Project Outstanding Retired 23‐24 Bond Reserve Other Admin 23‐24A Bond Reserve Other Admin 23‐24B # Type Date Date Area Obligation Total Proceeds Balance Funds RPTTF Total Proceeds Balance Funds RPTTF Total 38,666,038$    N 5,874,897$     3,233,840 $   125,000 $   3,358,840 $  2,391,057 $   125,000 $   2,516,057 $ 4 Marina
Construction
Loan
Third-Party
Loans
7/22/1991 8/1/2048 Dept of
Boating and
Waterways
Marina
Construction/
Rehab
All 4,407,665$      N 470,372$        314,140 $      314,140 $      156,232 $      156,232 $ 5 Marina
Expansion
Loan
Third-Party
Loans
10/24/1995 10/1/2025 Sheldon Oil Marina
Expansion/La
nd Acquisition
All 594,710$         N 268,000$        268,000 $      268,000 $      ‐$ 6 SERAF
Payment

SERAF/ERA
F
5/10/2010 6/30/2016 Suisun City
Housing
Authority
(Housing
Successor)
SERAF Loan
Payment
All 4,140,905$      N 690,150$        345,075 $      345,075 $      345,075 $      345,075 $ 9 Successor
Agency Admin
Cost
Admin Costs 2/1/2012 7/18/2029 Various Staffing,
Rent/Utilities,
Supplies,
Legal,
Oversi
ght All 250,000$         N 250,000$        125,000 $   125,000 $      125,000 $   125,000 $ 11 Marina Lease Miscellaneo
us
5/7/1992 4/30/2022 CA State
Lands
Commission
Marina Lease
with CA State
Lands
Commission
All 20,000$            N 20,000$          20,000 $        20,000 $        ‐$ 12 Main Street
West DDA

OPA/DDA/C
onstruction
4/17/2006 4/29/2021 Various DDA
Obligations
All ‐$                  N ‐$                 ‐$               ‐$ 13 Civic Center
COP
Third-Party
Loans
4/1/2004 11/1/2025 City of Suisun
City
Civic Center
COP
Reimburseme
nt Agreement
All 1,434,258$      N 500,000$        500,000 $      500,000 $      ‐$ 21 2014 Series B
Tax Allocation
Bonds
Refunding
Bonds
Issued After
6/27/12
12/11/2014 10/1/2033 US Bank 2014 Series B
Tax Allocation
Bonds
All 27,805,000$    N 3,617,375$     1,752,625 $   1,752,625 $   1,864,750 $   1,864,750 $ 23 2014 Bond
Continuing
Disclosure
Services
Fees 11/2/2015 6/30/2015 Don Fraser &
Associates
FY18
Continuing
Disclosure on
2014 Bonds
All 3,500$               N 3,500$             3,500 $          3,500 $          ‐$ 24 2014 Bond
Trustee
Services
Fees 12/11/2014 6/30/2015 US Bank FY23-24 Bond
Trustee Fees
All 5,000$               N 5,000$             5,000 $          5,000 $          ‐$ 25 2014 Bond
Arbitrage
Report
Fees 12/11/2014 6/30/2015 BLX Group,
LLC
FY23-24 Bond
Arbitrage
Report
All 5,000$               N 500$                500 $              500 $              ‐$ 29 Property
Disposition
Costs
Property
Dispositions
7/1/2018 City of Suisun
City
Cost
associated-
sale of Civic
Center Blvd.
property
All ‐$                  Y ‐$                 ‐$               ‐$ 31 Property
Disposition
Costs-Other
SA Properties
Property
Dispositions
3/1/2019 City of Suisun
City
Cost
associated-
sale of other
SA properties
All ‐$                  N 50,000$          25,000 $        25,000 $        25,000 $        25,000 $ Suisun City
Recognized Obligation Payment Schedule  (ROPS 23‐24)‐ROPS Detail July 1, 2023 through June 30, 2024
RPTTF
Fund Sources
ROPS 23‐24A (Jul‐Dec) ROPS 23‐24A (Jul‐Dec)
Fund Sources
RPTTF
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Attachment 2
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CITY COUNCIL
Mayor
Alma Hernandez, Mayor Pro-Tem
Jane Day
Michael J. Hudson
Wanda Williams

CITY COUNCIL MEETING
First and Third Tuesday
Every Month

MINUTES

SPECIAL MEETING OF THE SUISUN CITY COUNCIL,

SUISUN CITY COUNCIL ACTING AS SUCCESSOR AGENCY TO THE

REDEVELOPMENT AGENCY OF THE CITY OF SUISUN CITY,

AND HOUSING AUTHORITY
TUESDAY, NOVEMBER 1, 2022
5:30 P.M.

SUISUN CITY COUNCIL CHAMBERS -- 701 CIVIC CENTER BOULEVARD -- SUISUN CITY, CALIFORNIA

NOTICE
Pursuant to Government Code Section 54953, subdivision (b), and in accordance with the provisions of SB 361 (2021), the following Council/Successor Agency/Housing Authority meeting includes teleconference participation by:

Council/Board Members Jane Day, Michael Hudson, Wanda Williams, Mayor Pro Tem Alma Hernandez .

Teleconference locations are on file at City Hall, 701 Civic Center Blvd., Suisun City, CA 94585.

FACE MASKS ARE RE COMMENDED FOR MEMBERS OF THE PUBLIC WHILE IN CITY FACILITIES IF NOT FULLY VACCINATED. IF YOU DO NOT HAVE A FACE MASK, ONE WILL BE PROVIDED FOR YOU.

THE CITY COUNCIL HAS RESUMED IN-PERSON MEETINGS IN ADDITION TO ZOOM. A LIMITED NUMBER OF SEATS ARE AVAILABLE, TO RESERVE A SEAT PLEASE CONTACT THE CITY CLERK AT [email protected] OR 707 421-7302.

ZOO
M MEETING INFORMATION:

WEBSITE: https://zoom.us/join
MEETING ID: 826 9928 2661
CALL IN PHONE NUMBER: (707) 438-1720

REMOTE PUBLIC COMMENT IS AVAILABLE FOR THE CITY COUNCIL MEETING BY EMAILING [email protected] (PRIOR TO 4pm) OR

VIA WEBSITE OR PHONE APPLICATION, ZOOM

(If attending the meeting via phone press *9 to raise your hand and *6 to unmute/mute for public comment.)

ROLL CALL
Vice Mayor Hernandez called the meeting to order at 5:30 with the following Council Members present:

PRESENT: Day, Hernandez, Hudson, Williams
ABSENT: None

CONFLICT OF INTEREST NOTIFICATION NONE
(Any items on this agenda that might be a conflict of interest to any Councilmembers should be identified at this time.) Item 15
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November 1, 2022 City Council /Successor Agency/Housing Authority Page 2

PUBLIC COMMENT
(Request by citizens to discuss any matter under our jurisdiction other than an item posted on this agenda per California Government Code §54954.3. Comments are limited to no more than 3 minutes unless allowable by the Mayor/Chair. Speaker cards are available on the table near the entry of the meeting room and should be given to the City Clerk. By l aw, no prolonged discussion or action may be taken on any item raised during the public comment period, although informational answers to questions may be given and matters may be referred for placement on a future agenda.)
James Berg commented on Closed Session Item 2, wrong direction to go, we don’t need more low income housing.

George Guynn commented on Closed Session Item 2, Lawler House should be preserved, we don’t need low income housing.

Steve Olry, Lawler Ranch, we have to many closed sessions.

James Kendall, Representative of Carpenters 180, utilizing contractors that are not paid a liveable wage and benefits.

CLOSED SESSION
Pursuant to California Government Code Section 54950 the Suisun City Council , Successor Agency and Housing Authority will hold a Closed Session for the purpose of:

City Council

1. CONFERENCE WITH LEGAL COUNSEL--ANTICIPATED LITIGATION Discussion of potential initiation of litigation pursuant to Government Code Section 54956.9(c), (d)(4) (2 potential case).

Suisun City Council Actin g as Successor Agency

2. CONFERENCE WITH REAL PROPERTY NEGOTIATOR
Pursuant to California Government Code Section 54956.8., the Suisun City Council Acting as Successor Agency to the Redevelopment Agency of Suisun City will hold a Closed Session for the purpose of Conference with Real Property Negotiator.

Property Under Negotiation: Assessor’s Parcel Numbers: APN: 0032-141-130, 718 Main Street
Negotiating Party: City Manager
Parties Negotiating: Solano Affordable Housing Foundation

Under Negotiations: Terms and payment
City Council

3. CONFERENCE WITH LABOR NEGOTIATOR
Pursuant to Government Code Section 54957.6
Agency negotiator: City Manager and City Attorney
Employee organizations:

SCEA (Suisun City Employees’ Association)

4. C

ONFERENCE WITH LEGAL COUNSEL--ANTICIPATED LITIGATION
Discussion of potential significant exposure to litigation pursuant to Government Code Section 54956.9(c), (d)(2) (2 potential cases: One Workers Compensation Claim by Donna Pock; One Workers Compensation Claim by Aaron Leming.).

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November 1, 2022 City Council /Successor Agency/Housing Authority Page 3

Housing Authority

5. CONFERENCE WITH REAL PROPERTY NEGOTIATOR
Pursuant to California Government Code Section 54956.8., the Suisun City Housing Authority will hold a Closed Session for the purpose of Conference with Real Property Negotiator.

Property Under Negotiation: Assessor’s Parcel Numbers 0032-101-420 and 0032- 102-160.

Negotiating Party: City Manager
Parties Negotiating With: Harbor Park LLC
Under Negotiations: Terms and payment

CONVENE OPEN SE
SSION
There were no announcements following Closed Session.

ADJOURNMENT
There being no further business the meeting was adjourned at 6:58 pm.

___________________________
Anita Skinner, City Clerk

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DEPARTMENTS: AREA CODE (707)
ADMINISTRATION 421- 7300  PLANNING 421 - 7335  BUILDING 421- 7310  FINANCE 421- 7320 FIRE 425- 9133  RECREATION & COMMUNITY SERVICES 421- 7200  POLICE 421- 7373  PUBLIC WORKS 421 - 7340 SUCCESSOR AGENCY 421- 7309 FAX 421- 7366

CITY COUNCIL
Mayor
Alma Hernandez, Mayor Pro-Tem
Jane Day
Michael J. Hudson
Wanda Williams

CITY COUNCIL MEETING
First and Third Tuesday
Every Month

MINUTES

REGULAR MEETING OF THE

SUISUN CITY COUNCIL

SUISUN CITY COUNCIL ACTING AS SUCCESSOR AGENCY TO THE

REDEVELOPMENT AGENCY OF THE CITY OF SUISUN CITY,

AND HOUSING AUTHORITY
TUESDAY, NOVEMBER 1, 2022
6:30 P.M.

SUISUN CITY COUNCIL CHAMBERS -- 701 CIVIC CENTER BOULEVARD -- SUISUN CITY, CALIFORNIA

NOTICE
Pursuant to Government Code Section 54953, subdivision (b), and in accordance with the provisions of SB 361 (2021), the following Council/Successor Agency/Housing Authority meeting includes teleconference participation by: Council/Board Members Jane Day, Michael Hudson, Wanda Williams, Mayor Pro Tem Alma Hernandez .

Teleconference locations are on file at City Hall, 701 Civic Center Blvd., Suisun City, CA 94585.

FACE MASKS ARE RECOMMENDED FOR MEMBERS OF THE PUBLIC WHILE IN CITY FACILITIES IF NOT FULLY VACCINATED. IF YOU DO NOT HAVE A FACE MASK, ONE WILL BE PROVIDED FOR YOU.

THE CITY COUNCIL HAS RESUMED IN-PERSON MEETINGS IN ADDITION TO ZOOM. A LIMITED NUMBER OF SEATS ARE AVAILABLE, TO RESERVE A SEAT PLEASE CONTACT THE CITY CLERK AT [email protected] OR 707 421-7302.

ZOOM MEETING INFORMATION:

WE
BSITE: https://zoom.us/join
MEETING ID: 858 1454 7748

CALL IN PHONE NUMBER: (707) 438-1720

REMOTE PUBLIC COMMENT IS AVAILABLE FOR THE CITY COUNCIL MEETING BY EMAILING [email protected] (PRIOR TO 6 PM) OR

VIA WEBSITE OR PHONE APPLICATION, ZOOM

(If attending the meeting via phone press *9 to raise your hand and *6 to unmute/mute for public comment.)

(Next Ord. No. – 796)
(Next City Council Res. No. 2022 – 138)
Next Suisun City Council Acting as Successor Agency Res. No. SA2022 - 04) (Next Housing Authority Res. No. HA2022 – 02)
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November 1, 2022 City Council / Successor Agency / Housing Authority Page 2

ROLL CALL
Vice Mayor Hernandez called the meeting to order with the following Council Members present:

PRESENT: Day, Hernandez, Hudson, Williams
ABSENT: None

Pledge of Allegiance was led by Vice Mayor Hernandez.

Invocation was given by City Manager Greg Folsom.

CONFLICT OF INTEREST NOTIFICATION NONE
(Any items on this agenda that might be a conflict of interest to any Councilmembers / Boardmembers should be identified at this time.)
Vice Mayor Hernandez announced Item 11 is removed from agenda.

REPORTS: (Informational items only)

1. City Manager/Executive Director/Staff
Mr. Folsom commented that he and staff met with Solano Transportation Authority this morning and an operator has been selected to operate our Micro Transit Service starting January 3, 2023. STA will be giving a presentation to Council in December.

Our new my civic mobile app is available to the public. You can use this app to report a code violation, illegal dumping, potholes and much more. A press release was put out today.

Reminder that Tuesday, November 8
th is Election Day, so get out here and vote.

Mr. Folsom will be attending the 25th Annual STA Awards next week on November 9th. Suisun City Public Works Department has been nominated for several awards including the Safety Project of the Year.

Reminder that Friday, November 11th is Veteran’s Day and there will be an event at the VFW Post 333 on Main Street at 2pm and the public is invited.

PRESENTATION/APPOINTMENTS
(Presentations, Awards, Proclamations, Appointments).

PUBLIC COMMENTS
(Request by citizens to discuss any matter under our jurisdiction other than an item posted on this agenda per California Government Code §54954.3. Comments are limited to no more than 3 minutes unless allowable by the Mayor/Chair. Speaker cards are available on the table near the entry of the meeting room and should be given to the City Clerk. By law, no prolonged discussion or action may be taken on any item raised during the public comment period, although informational answers to questions may be given and matters may be referred for placement on a future agenda.)
• Larry Brumfield commented on potholes on Railroad Avenue, everyone needs to get involved and pick up trash, we need to be involved in the community. • Mike Anthony commented on Cal Marine property.
• James Berg commented on PG&E line replacements downtown and repair of Kellogg Street. • Steve Olry commented Fairfield’s worst roads are better than Suisun City roads, removal of political signs.
• George Guynn commented on the boat facility and possible revenue. Base realignment.

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November 1, 2022 City Council / Successor Agency / Housing Authority Page 3

• Katrina Garcia clean up and adopt a neighborhood, Sustainable Solano, Flood Walk, pot holes on Railroad Ave, and potholes on Towhee and Muree streets, • Charles Lee commented on Item 11 that was pulled from the agenda, property on Railroad and Sunset Avenue. Would like a clear presentation on how this came about and where we are when this is on a future agenda.
• George Guynn commented on Item 11 that was pulled from the agenda, property is a tax payer asset, what will happen with the acres that are left over after improvements. • Michelle Chavez commented would like a status on the bench for Pete Dominguez at the sports comlex, a memorial rose garden for military personnel, fire, police and employees, cleaning and helping public works, next Planning Commission Meeting. • Donna LeB lanc commented thank you to Fire Department for putting on the Halloween Parade, happy for the rain, Veterans Day Parade in Fairfield, Next Door take into consideration where comments are coming from.
• Brian Ferrero commented thank you to Donna LeBlanc for the outreach to all the residents, 4 th of July Fire Department had giant signs regarding illegal fireworks, no littering signs should go up, as many as can, to inform drivers if they are littering on our streets the y are going to pay, ad hoc on littering ordinance.

COUNCIL C OMMENTS
• Council/Boardmembers Updates
• Council Member Hudson commented on trucks littering, everyone get out and vote , PG&E inspection harming our streets, thank all the veterans on Veterans Day.

Public Works Director commented on PG&E project.
• Council Member Williams commented on PG&E and barricades around areas that they have cut out, have destroyed people’s driveways. Can PG&E provide letter that they will be back to fix area. Whispering Bay Lane, when can we address the broken up sidewalks, also potholes on Wigeon Way and Shoveller Drive. Adopt a Neighborhood is looking for volunteers to participate in community outreach for areas that don’t have a funding source.

Veterans Day event at the Suisun City Waterfront honoring our veterans. Sign-up for Adopt a Neighborhood and the Flood Walk and help with the beautification of our community. • Council Member Day commented on Veterans Day and Measure S, we need to pay attention to our streets. We need to spend money on streets, police and fire. • Vice Mayor Hernandez commented her gratitude for the Fire Department Halloween Parade, upcoming Veterans Day event offering resources that are available to the veterans, PG&E will provide necessary steps to bring back the sidewalks and streets that have been disrupted.

Our new app, FSUSD Special Olympics on October 28, Festival of Lights, Day of the Dead to celebrate the diversity in our community.

CONSENT CALENDAR
Consent calendar items requiring little or no discussion may be acted upon with one motion.

City Council

2. Council Consideration and possible action to adopt Resolution No. 2022-138: A Resolution of the C ity Council of the C ity of Suisun C ity proclaiming a local emergency persists and Item 15
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November 1, 2022 City Council / Successor Agency / Housing Authority Page 4

authorizing the use of remote teleconference meetin g procedures by the City’s legislative bodies, as authorized by government code section 54953(e) et seq., through December 1, 2022 – (Folsom: [email protected]).

3. Council Adoption of Resolution No. 2022-139: Approving a Second Amendment to the Memorandum of Understanding (MOU) Between the City of Suisun City and the Suisun City Management & Professional Employees’ Association Effective July 1, 2021 through June 30, 2023 to Amend MOU Provisions Pertaining to J ob Classes Represented, Uniforms and Uniform Allowances, Duty Chief Pay and IT Manager Special Circumstance Compensation – (Penland: [email protected]).

4. Council Adoption of Resolution No. 2022-140: Approving the Suisun City Marina Annual Dock Maintenance and Inspection Services and Authorizing the City Manager to enter into an agreement with Bellingham Marine to Perform the Services – (Lofthus: [email protected]).

5. Council Adoption of Council Resolution 20 22-141: A Resolution of Intention to Annex Territory to Community Facilities District and to Authorize the Levy of Special Taxes Therein (Caterpillar Clubhouse) – (Vue: [email protected]).

6. Council Adoption of Council Resolution 20 22-142: A Resolution of Intention to Annex Territory to Community Facilities District and to Authorize the Levy of Special Taxes Therein (Zip Thru Carwash) – (Vue: [email protected]).

7. Council Adoption of Resolution No. 2022-143: Approving an Application for Funding and the Execution of a Grant Agreement and Any Amendments Thereto from the 2020 Community Development Block Grant Program Coronavirus Round 1 (CDBG-CV1) NOFA Dated June 5, 2020 – (Lofthus: [email protected]).

8. Council Consideration of Letter Regarding Net Energy Metering – ( Folsom:
[email protected]).

PUBLIC COMMENTS
• Donna LeBlanc commented on Item 8, how is money being spent, security blinds and flooring. Deputy City Manager responded to questions.

Motion by Council Member Williams to adopt Consent Calendar and seconded by Council Member Hudson. Motion passed by the following vote:

AYES: Day, Hernandez, Hudson, Williams
NOES: None
ABSENT: None

PUBLIC HEARING
City Council

9. HEARING
Council Adoption of Resolution No. 2022-144: Placing Liens for Unpaid Waste Collection Service Charges on Certain Lands Situated in the City of Suisun City, County of Solano, State of California – (Deol: [email protected]).

Vice Mayor Hernandez opened the Public Hearing.

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November 1, 2022 City Council / Successor Agency / Housing Authority Page 5

• Donna LeBlanc asked for the process to be explained to the public. • Michelle Chavez concerned about lien list being posted and available on website.

There being no further comments the Public Hearing was closed.

Finance Director Deol responded to questions. Council Member Hudson and Council Member Williams commented on Republic Services trucks and littering. Vice Mayor Hernandez commented.

Motion by Council Member Hudson to approve Resolution 2022-143 and seconded by Council Member Williams. Motion passed by the following vote:

AYES: Day, Hernandez, Hudson, Williams
NOES: None
ABSENT: None

GENERAL BUSINESS

10. Council Adoption of Resolution No. 2022-___: Authorizing the City Manager to Approve the Agreement for Purchase and Sale of Real Property under Threat of Condemnation and Joint Escrow Instructions and to Take Any and All Actions Necessary to Implement the Agreement – (Folsom: [email protected]).

Item removed from agenda to future date

11. Development Services Department Showcase – (Bermudez: [email protected]).

Director Jim Bermudez presented the showcase power point.

Council Comments
Council Member Hudson
• Great presentation
• Asked to have the Housing Element and Waterfront Specific Plan explained for those that may not what the purpose of those documents are.

Council Member Williams
• asked if a ground breaking ceremony was planned for the 71 units that are already started on Cordelia Road;
• glad for all the revenue stream projects being planned • Stiizy landscaping has not started yet and it has been a year; wants to make sure City follows through on what was approved
• Great feed back on Next Door for the wonderful services provided by Zip Thru Express Car Wash
• Great feed back from developers on the Good Neighborhood Policy Council Member Day expressed appreciation for a great presentation.

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November 1, 2022 City Council / Successor Agency / Housing Authority Page 6

Vice Mayor Hernandez
• Happy for the projects being able to generate revenue what the city has needed for quite some time.
• What is needed to update the permitting software
• Stiizy landscaping is also a concern for her; part of the approval was Stiizy support of local non-profits and would like to know the status
Public Comments
• James Berg commented on Marina Village being fast tracked •
Steve Olry business potential, logistics center, protect the future of Travis AFB • Michelle Chavez commented Sustainable Workshop on Climate Resiliency, green space at Humphrey and Olive tree, ADU, code changes helping Blossom and Railroad. • Donna LeBlanc commented pedestrian safety by Marina Village Apartment building, kids have to walk in street to get home from school. W ebsite items for residents to find useful such as fence regulations, new construction timelines in their presentations, will that be a practice with all our future construction projects.

Development Director Bermudez responded to sidewalks at Marina and Bella Vista, codes enforcement assessing fines, RV’s and living spaces on city property, fences clearer in code update, timelines are generated by the applicant and a lot of variables in play, logistics center still on list as active projects not approved projects.

REPORTS: (Informational items only)

12. Non-Discussion Items

ADJOURNMENT
There being no further business the meeting was adjourned at 9:34 pm.

___________________________
Anita Skinner, City Clerk

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______________________________________________________________________________ PREPARED BY: Kris Lofthus, Deputy City Manager
REVIEWED/APPROVED BY: Greg Folsom, City Manager

AGENDA TRANSMITTAL

MEETING DATE: December 20, 2022

CITY AGENDA ITEM: Consideration of the Following for the Historic Waterfront Business Improvement District:

A. Council Adoption of Resolution No. 20 22-__ Reauthorizing and Renewing the Historic Waterfront Business Improvement District and the Assessment Levy for the District; and B. Council Adoption of Resolution No. 20 22-__ Approvi ng the Proposed Calendar-Based Fiscal Year 202 2 Operating Budget for the Suisun City Historic Waterfront Business Improvement District.

FISCAL IMPACT: Reauthorization of the BID assessments has no fiscal impact on the City General Fund as these assessments are paid by businesses within the District.

STRATEGIC PLAN IMPACT: Revitalize Downtown Waterfront District.

BACKGROUND: Per City Ordinance No. 667, enacted April 18, 2003, the Main Street Waterfront Business Improvement District, commonly known as the Suisun City Historic Waterfront Business Improvement District (the “District”), was establis hed. The District is a non-profit organization created at the request of downtown merchants to promote improv ed business conditions and marketing of downtown Suisun City. Under procedures described in the California Streets and Highways Code, the City, on behalf of the District, levies assessments on those businesses within the District area (see attached map) f or use in various marketing and improvement activities, as determined beneficial by the District board. Each year since 2003, the Council has reauthorized the continued operation of the District. On December 6, 2022, the City Council set the Public Hearing and requested staff to publish the public notice and notify each business owner (within the BID) of such meeting.

STAFF REPORT: In order for the BID to continue operation, the City Council must adopt a resolution of reauthorization.

1. Protest Hearing

A Public Hearing is required by law to review any written protests to the proposed re-authorization of the District, the assessment levy or any specific expenditure. If written protests from businesses representing more than 50 percent of the District’s collected assessments are received, State Law requires the City Council to initiate proceedings to eliminate the District and its assessment, or the specific expenditure listed in the protests.

As of preparation of this report, Staff was unaware of any effort or intent of any businesses within the District to collect such written protests. Staff will advise the City Council at the hearing whether written protests have been submitted.

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2. Consider Renewing the District
The City Council annually considers adoption of a resolution renewing the establishment of the District, as described in Ordinance 667. The resolution describes the boundaries of the District, the general purposes for which assessments may be used, and thr ee benefit zones with associated assessment rates according to business type.

The descriptions of the District were included in the Resolution of Intent mailed to all businesses subject to the assessment and known to the City. The District proposes to continue the boundaries, uses of funds, benefit zones and assessment rates that have existed since the District was formed with no changes.

3. Review and Approve the Proposed District Budget
State law and City Code require the District to submit at least annually a proposed budget for review and approval by the City Council. Last month, the District submitted its 2022 Annual Report and Proposed 2023 Budget to City staff for review. The reports were distributed for review by the City Council and the City Manager’s Office. A copy of the reports were also filed with the City Clerk to be maintained for public review.

According to City Code Section 3.40.110, the City Council must annually review and approve the District budget prior to the start of the fiscal year. However, the City Council’s role is described in City Code and MOU as one of general oversight:

“City shall not adopt, modify or otherwise amend any Fiscal Year budget of the District that is inconsistent in any way with said Fiscal Year’s budget as agreed to and presented by the BID Board except in the case of a written majority protest … from business owners…”.

“Decisions of the BID Board regarding expenditure of all funds generated under this program shall be final.”

The City Council is empowered to approve or disapprove the District budget. In the event the City Council wishes to recommend changes in the budget, such direction should be delineated and consideration of the budget resolution continued to allow the District board to consider amending its budget accordingly. Though the District may not spend additional resources without an approved budget, renewal of the assessment will allow the Finance Department to collect the assessments with the business license renewals, and hold the proceeds until such time as a District budget is approved.

RECOMMENDATION: It is recommended that the City Council:

1. Conduct a Public Hearing to receive any protests against renewal of the District, the assessment or any portion of the proposed District budget; and

2. Adopt Resolution No. 20 22-__: Reauthorizing and Renewing the Historic Waterfront Business Improvement District and the Assessment Levy for the District; and

3. Adopt Resolution No. 20 22-__: Approving the Proposed Calendar-Based Fiscal Year 2022 Operating Budget for the Suisun City Historic Waterfront Business Improvement District.

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ATTACHMENTS:

1. Resolution No. 20 22-__: Reauthorizing and Renewing the Historic Waterfront Business Improvement District and the Assessment Levy for the District; and

2. Resolution No. 20 22-__: Approving the Proposed Calendar -Based Fiscal Year 202 2 Operating Budget for the Suisun City Historic Waterfront Business Improvement District.

3. Proposed 2023 Budget with Adopted 2022 Budget and Actuals

4. City Ordinance No. 667

5. Power Point Presentation

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RESOLUTION NO. 2022-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUISUN CITY

REAUTHORIZING AND RENEWING THE HISTORIC WATERFRONT BUSINESS

IMPROVEMENT DISTRICT AND THE ASSESSMENT LEVY FOR THE DISTRICT

WHEREAS, the California Streets and Highways Code Section 36500 et seq . authorizes cities to establish parking and business improvement areas for the purpose of promoting economic revitalization and physical maintenance of business districts in order to create jobs, attract new business and prevent erosion of the new business district; and WHEREAS, The Main Street -Waterfront Business Improvement District, commonly known as the Suisun City Historic Waterfront Business Improvement District (District), was formed, at the request of the Main Street-Waterfront Business Improvement District Formation Committee (Committee), by City Council approval of City Ordinance No. 667 on April 18, 2003; and
WHEREAS, at the request of the Committee, Ordinance No. 667 established an annual special assessment on all businesses within the District, which said assessment must be renewed annually by City Council; and
WHEREAS, the District Board of Directors ( Board) has requested the Suisun City Council renew the special assessment on all businesses within the District; and WHEREAS, renewal of the special assessment may occur only after City Council conducts a noticed public hearing pursuant to the Parking and Business Impr ovement District Area Law of 1989, Part 6 (commencing with Section 36500) of Division 18 of the California Streets and Highways Code; and
WHEREAS, said public hearing has been held and the City Council has heard and considered all oral and written protests and other comments regarding such proposed actions; and
WHEREAS, protests in writing from businesses in the District paying 50% or more of the proposed assessment have not been received; and
WHEREAS, this City Council has now determined to re-authorize the imposition of a benefit assessment for the District; and
WHEREAS, in the opinion of this City Council, the businesses within the District will be benefited by the expenditure of the funds raised by the assessments levied hereby in the manner prescribed herein; and
WHEREAS, the assessments or charges levied on businesses pursuant to this Ordinance shall be levied, to the maximum extent feasible, on the basis of the estimated benefit to the businesses within the District.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Suisun City does hereby determine that:

1. The recitals set forth herein are true and correct.

2. The City Council does, at the request of the Board, and pursuant to the California Streets and Highways Code, declare its intent to consider reauthorizing and renewing the “Main Street-Waterfront Business Improvement District” (District).

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Resolution No. 2022-__
Adopted December 20, 2022