Agenda packet — Suisun City City Council, June 20, 2023 (part 1 of 2)

CITY COUNCIL
Alma Hernandez, Mayor
Princess Washington, Mayor Pro Tem
Jenalee Dawson, Member
Marlon L Osum, Member
Amit Pal, Member

CITY COUNCIL MEETING

A G E N D A

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, JUNE 20, 2023
6:30 PM

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

.
(REVISED AGENDA)
NOTICE:

Pursuant to Government Code Section 54953(b) the following City Council meeting includes teleconference participation by:

Councilmember Amit Pal from: Holiday Inn, No. 85 Zhanjing Road Bao'an District, Shenzhen 518101 China

CITY COUNCIL MEETINGS ARE HELD IN-PERSON

PUBLIC PARTICIPATION IS ALSO AVAILABLE VIA ZOOM
ZOOM MEETING INFORMATION:

WEBSITE: https://zoom.us/join
MEETING ID:
886 6725 7213

CALL IN PHONE NUMBER: (707) 438-1720

REMOTE PUBLIC COMMENT IS AVAILABLE FOR THE CITY COUNCIL MEETING BY EMAILING [email protected] (PRIOR TO 4 PM), VIA WEBSITE, OR ZOOM CALL IN PHONE NUMBER (707) 438-1720

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

(Next Ord. No. – 801)
(Next City Council Res. No. 2023 – 69)
Next Suisun City Council Acting as Successor Agency Res. No. SA2023 - 05) (Next Housing Authority Res. No. HA2023 – 01)

ROLL CALL
Council /Board Members
Pledge of Allegiance
Invocation
1 1
City Manager Update - (Folsom: [email protected]).

2 Presentation of Award for "The Key to the City of Suisun City" for Support of Our Community - (Hernandez: [email protected]).

3 Proclamations (not presented) - (Hernandez: [email protected]) a
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Proclamation Proclaiming June 19, 2023, as Juneteenth.
b
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Proclamation Proclaiming the 60th Anniversary of Mount Calvary Baptist Church.

4 Council/Board Member Updates.

City Council

5 Council Adoption of Resolution No. 2023-___: Approving a Third Amendment to the Memorandum of Understanding (MOU) Between the City of Suisun City and the Suisun City Employees’ Association Effective July 1, 2021, through June 30, 2023, to Amend MOU Provisions to Restore Leave Accrual Caps - (Penland: [email protected]).

6 Council Adoption of Resolution No. 2023-__: Approving a Second Amendment to the Memorandum of Understanding (MOU) Between the City of Suisun City and the Suisun City Firefighters’ Association Effective July 1, 2022, through June 30, 2023, to Amend MOU Provisions to Restore Leave Accrual Caps - (Penland: [email protected]).

7 Council Adoption of Resolution No. 2023-___: Approving a Third Amendment to the Memorandum of Understanding (MOU) Between the City of Suisun City and the Suisun City Police Officers’ Association Effective July 1, 2021, through June 30, 2023, to Amend MOU Provisions to Restore Leave Accrual Caps - (Penland: [email protected]).

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.)

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

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, 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

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

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Council Adoption of Resolution No. 2023-___: Amending and Restating the Schedule of Compensation and Benefits for Unrepresented Employees - (Penland:
[email protected]).

9 Council Adoption of Resolution No. 2023 - ___: Authorizing the City Manager to Enter into a Lease Agreement on the City’s Behalf with Caltronics Business Systems for the Citywide Multi-Function Copier Leasing and Maintenance Contract - (Vue: [email protected]).

10 Council Adoption of Resolution No. 2023-__: Authorizing the City Manager to Request that the Metropolitan Transportation Commission Allocate Fiscal Year 2023-2024 Transportation Development Act Article 3 Pedestrian/Bicycle Project Funding to the City for the Driftwood Drive Path Gap Closure Project - (Vue: [email protected]).

11 Council Adoption of Resolution No. 2023-__: Authorizing the City Manager to execute a lease agreement with Flock Group Inc., or its assignee, for Automated License Plate Readers (ALPRs)
over a five-year period
- (Roth: [email protected]).

12 Council Adoption of Resolution No. 2023-___: Authorizing the Mayor to send a letter in opposition to AB 1637 (Irwin) - (Folsom: [email protected]).

13 Council Adoption of Resolution No. 2023-___: Declaring its Intention to Establish a Community Facilities District and to Authorize the Levy of Special Taxes (Meridian West) - (Vue: [email protected]).

14 Council Adoption of Resolution 2023-___: A Resolution of Intention to Annex Territory to Community Facilities District and to Authorize the Levy of Special Taxes Therein (Tractor Supply Co.) - (Vue: [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 May 23, 2023, May 30, 2023, June 6, 2023, and June 13, 2023 – (Skinner:
[email protected]).

Joint City Council / Suisun City Council Acting as Successor Agency

16 Accept the Investment Report for the Quarter Ending March 31, 2023 - (Luna:
[email protected]).

17 Council/Agency Approval of May 2023 Payroll Warrants in the Amount of $626,670.43 and Council/Agency Approval of the May 2023 Accounts Payable Warrants in the Amount of $2,397,092.10 - (Finance).

City Council

18 Conduct a Public Hearing, Approve Final Engineer’s Report, and Order the Levy and Collection of Assessments for Maintenance Assessment Districts: - (Vue:

PUBLIC HEARING
3 [email protected]).

a
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Council Adoption of Resolution No. 2023-__: Amending and/or Approving the Final Engineer’s Annual Levy Reports for the Suisun City Maintenance Assessment Districts for FY 2023-24; and
b
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Council Adoption of Resolution No. 2023-__: Ordering the Levy and Collection of Assessments within the Suisun City Maintenance Assessment Districts for FY 2023-24.

19 Conduct a Public Hearing, Approve Final Engineer’s Report, and Order the Levy and Collection of Assessments for the McCoy Creek Parking Benefit Assessment District: - (Vue:
[email protected]).

a
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Council Adoption of Resolution No. 2023-___: Amending and/or Approving the Final Engineer’s Annual Levy Report for the McCoy Creek Parking Benefit Assessment District for FY 2023-24; and
b
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Council Adoption of Resolution No. 2023-___: Ordering the Levy and Collection of Assessments within the McCoy Creek Parking Benefit Assessment District for FY 2023-24.

20 Council Introduction and Waive Reading of Ordinance No. ___: Repealing and Replacing Chapter 12.12 (Park and Recreation Facilities) of Title 12 (Streets, Sidewalks and Public Places) of the Suisun City Municipal Code - (Public Hearing Continued from May 2, 2023) - (Lofthus: [email protected]).

21 Council Introduction and Waive Reading of Ordinance No. ___: Adopting the 2022 California Building Standards Code (Suisun City Municipal Code Title 15 Building and Construction) - (Bermudez: [email protected]).

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

22 Adoption of the Fiscal Year 2023-24 Annual Budget - (Deol: [email protected]).

a
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Council Adopt Resolution No. 2023-__: Adopting the Annual Budget for the Fiscal Year 2023-24; and
b
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Agency Adopt Resolution No. SA 2023-__: Adopting the Annual Budget for the Fiscal Year 2023-24; and
c
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Authority Adopt Resolution No. HA 2023-___: Adopting the Annual Budget for the Fiscal Year 2023-24; and
d
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Council Adopt Resolution No. 2023-__: Adopting the Appropriations Limit for Fiscal Year 2023-24; and
e
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Council Adopt Resolution No. 2023-__: Adopting an Annual Update of the Master Fee Schedule.

City Council

23 HEARING:

Council Adoption of Resolution No. 2023-___: Placing Liens for Unpaid Waste Collection Service Charges on Certain Lands Situated in the City of Suisun City, County of Solano,

GENERAL BUSINESS
4 State of California - (Deol: [email protected]).

24 Non-Discussion Items.

REPORTS: (Informational items only)

ADJOURNMENT

Public Access To Agenda Documents
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 copies of such documents. To the extent feasible, the agenda packet is available for online public viewing on the City’s website: https://www.suisun.com/Government/City-Council/Agendas

The City Council/Agency/Authority hopes to conclude its public business by 10:00 p.m. No new items will be taken up after 10:00 p.m., unless so moved by a majority of the City Council, 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.

Accommodations
If you require an accommodation to participate in this meeting, please contact the City Clerk at (707) 421-7302 or [email protected]. The City’s reasonable accommodation policy is available for review on the City’s website at www.suisun.com/government/city-council/, you may request an electronic copy or have a copy mailed to you.

Please note that for accommodations that are not readily available, you must make your request as soon as you can prior to the time of the meeting.

Decorum
All participants are expected to conduct themselves with mutual respect. Conduct that disrupts meetings will be addressed in accordance with Section 54957.95 of the Government Code.

Ordinances
Ordinances are city laws contained in the Suisun City Municipal Code. Enacting a new city law or changing an existing one is a two-step process. Government Code 36934 provides, 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.

Certification Of Posting
Agendas for regular and special meetings are posted in accordance with the Brown Act 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; Joe Nelson Center, 611 Village Drive, Suisun City, CA;
Harbor Master Office, 800 Kellogg Street, Suisun City, CA.

5 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. 6 AGENDA ITEM NO. 5

AGENDA TRANSMITTAL

MEETING DATE:

June 20, 2023

CITY AGENDA ITEM:

Council Adoption of Resolution No. 2023-___: Approving a Third Amendment to the Memorandum of Understanding (MOU) Between the City of Suisun City and the Suisun City Employees’ Association Effective July 1, 2021, through June 30, 2023, to Amend MOU Provisions to Restore Leave Accrual Caps.

FISCAL IMPACT:

The additional cost resulting from this MOU amendment will be funded by American Rescue Plan Act funds which can be absorbed in the current fiscal year budget. Restoring the leave accrual caps will reduce the City’s future unfunded liability that exists when employees maintain high leave accrual balances, that must be paid out upon separation, and which are typically paid out at a higher rate than when earned.

STRATEGIC PLAN:

Provide Good Governance and Ensure Fiscal Solvency.

BACKGROUND:

On August 17, 2021, the City Council approved a Memorandum of Understanding between the City of Suisun City (City) and the Suisun City Employees’ Association (SCEA), effective July 1, 2021, through June 30, 2023 (SCEA MOU 2021-23) with the adoption of Resolution No. 2021-

82. On April 5, 2022, the City Council approved a First Amendment to the SCEA MOU 2021-23 with the adoption of Resolution No. 2022-52.

On May 23, 2023, the City Council approved a Second Amendment to the SCEA MOU 2021-23 with the adoption of Resolution No. 2023-61.

STAFF REPORT:

The City and SCEA’s authorized labor relations representatives recently met and conferred in good faith pursuant to the requirements of the Meyers-Milias-Brown Act, codified as Gov’t Code Sections 3500-3511, and reached agreement regarding further modifications to the SCEA MOU 2021-23. The proposed modifications pertain to restoring leave accrual caps and are memorialized in the Third Amendment to the SCEA 2021-23 (attached as Exhibit “A” to the proposed resolution). These proposed modifications have been ratified by SCEA membership.

Specifically, the Third Amendment would do the following if approved by the City Council:

Restore the previous contractually agreed upon leave caps effective October 1, 2023.

The City will buy down excess accrued leave to the original contractual accrued leave caps effective the last full payroll period in June 2023.

Employees will have ninety (90) days, until October 1, 2023, to maintain and/or reduce their leave accruals below the contractual leave caps at which time employees will no longer be allowed to exceed the leave caps.

Those who are still over the leave cap on or after October 1, 2023, shall not accrue any more leave time until they bring their accrual balance below the leave cap shall not be allowed to accrue over the cap from thereon.

7 STAFF RECOMMENDATION:

It is recommended that the City Council adopt Resolution No. 2023- ___ - Approving a Third Amendment to the Memorandum of Understanding (MOU) Between the City of Suisun City and the Suisun City Employees’ Association (SCEA) Effective July 1, 2021, through June 30, 2023, to Amend MOU Provisions to Restore Leave Accrual Caps.

DOCUMENTS ATTACHED:
1 .

Resolution No. 2023-___: Approving a Third Amendment to the Memorandum of Understanding (MOU) Between the City of Suisun City and the Suisun City Employees’ Association (SCEA) Effective July 1, 2021, through June 30, 2023, to Amend MOU Provisions to Restore Leave Accrual Caps.
a
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Amendment No. 3 to the SCEA MOU 2021-23

PREPARED BY:

Christina Penland, Human Resources Administrator
REVIEWED BY:

Greg Folsom, City Manager
APPROVED BY:

Greg Folsom, City Manager

ATTACHMENTS:
1 Resolution Approving a Third Amendment to MOU between Suisun City and Suisun City Employees' Association.pdf
a
Amendment No. 3 to the SCEA MOU.pdf
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28 Resolution No. 2023-__
Adopted

RESOLUTION NO. 2023 -__

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

APPROVING A THIRD AMENDMENT TO THE MEMORANDUM OF

UNDERSTANDING (MOU) BETWEEN THE CITY OF SUISUN CITY AND THE SUISUN CITY EMPLOYEES’ ASSOCIATION (SCEA) EFFECTIVE JULY 1, 2021, THROUGH JUNE 30, 2023, TO AMEND MOU PROVISIONS

TO RESTORE LEAVE ACCRUAL CAPS
WHEREAS, on August 17, 2021, the City Council approved the Memorandum of Understanding between the City of Suisun City (City) and the Suisun City Employees’ Association (SCEA), effective July 1, 2021 through June 30, 2023 (SCEA MOU 2021-23) with the adoption of Resolution No. 2021-82; and
WHEREAS, on April 5, 2022, the City Council approved a First Amendment to the SCEA MOU 2021-23 with the adoption of resolution No. 2022-52; and WHEREAS, on May 23, 2023, the City Council approved a Second Amendment to the SCEA MOU 2021-23 with the adoption of resolution No. 2023-61; and WHEREAS, the City and SC EA’s authorized labor relations representatives met and conferred in good faith pursuant to the requirements of the Meyers -Milias-Brown Act (MMBA)(Gov’t Code Sections 3500-3511) regarding certain proposed modifications in the SCEA MOU 2021-23 to restore leave accrual caps; and
WHEREAS, the foregoing proposed modifications to the SC EA MOU 2021-2023 have been ratified by SCEA membership; and
WHEREAS, the City Council now desire s to accept, approve, and adopt the Third Amendment to the SCEA MOU 2021-23 (attached hereto as Exhibit “A”); and WHEREAS, any additional costs of the Third Amendment to the SCEA MOU 2021-23 will not require additional budget appropriations for this fiscal year.

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

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

Section 2. The Third Amendment to the SC EA MOU 20 21-23, attached hereto as Exhibit “A,” is hereby accepted, approved, and adopted.

Section 3. Effective Date. This Resolution is effective June 20, 2023.

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28 Resolution No. 2023-__
Adopted

PASSED AND ADOPTED at a Regular Meeting of said City Council of the City of Suisun City duly held on Tuesday, the 20th day of June 2023, 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 June 2023.

Anita Skinner
City Clerk

Exhibit A: Third Amendment to the SCEA MOU 2021-23

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12 AGENDA ITEM NO. 6

AGENDA TRANSMITTAL

MEETING DATE:

June 20, 2023

CITY AGENDA ITEM:

Council Adoption of Resolution No. 2023-__ Approving a Second Amendment to the Memorandum of Understanding (MOU) Between the City of Suisun City and the Suisun City Firefighters’ Association Effective July 1, 2022, through June 30, 2023, to Amend MOU Provisions to Restore Leave Accrual Caps.

FISCAL IMPACT:

STRATEGIC PLAN:

Provide Good Governance and Ensure Fiscal Solvency.

BACKGROUND:

On July 19, 2022, the City Council approved a Memorandum of Understanding between the City of Suisun City (City) and the Suisun City Firefighters’ Association (SCPFA), effective July 1, 2022, through June 30, 2023 (SCPFA MOU 2022-23) with the adoption of Resolution No. 2022-102.

On May 2, 2023, the City Council approved a First Amendment to the SCPFA MOU 2022-23 with the adoption of Resolution No. 2023-43.

STAFF REPORT:

The City and SCPFA’s authorized labor relations representatives recently met and conferred in good faith pursuant to the requirements of the Meyers-Milias-Brown Act, codified as Gov’t Code Sections 3500-3511, and reached agreement regarding further modifications to the SCPFA MOU 2022-23. The proposed modifications pertain to restoring leave accrual caps and are memorialized in the Second Amendment to the SCPFA 2022-23 (attached as Exhibit “A” to the proposed resolution). These proposed modifications have been ratified by SCPFA membership.

Specifically, the Second Amendment would do the following if approved by the City Council:

Restore the previous contractually agreed upon leave caps effective October 1, 2023.

The City will buy down excess accrued leave to the original contractual accrued leave caps effective the last full payroll period in June 2023.

STAFF RECOMMENDATION:

It is recommended that the City Council adopt Resolution No. 2023- ___ - Approving a Second Amendment to the Memorandum of Understanding (MOU) Between the 13 City of Suisun City and the Suisun City Professional Firefighters’ Association Effective July 1, 2022, through June 30, 2023, to Amend the MOU Provisions to Restore Leave Accrual Caps.

DOCUMENTS ATTACHED:
1 .

Resolution No. 2023-___: Approving a Second Amendment to the Memorandum of Understanding (MOU) Between the City of Suisun City and the Suisun City Professional Firefighters’ Association Effective July 1, 2022, through June 30, 2023, to Amend MOU Provisions to Restore Leave Accrual Caps.
a
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Amendment No. 2 to the SCPFA MOU 2022-23

PREPARED BY:

Christina Penland, Human Resources Administrator
REVIEWED BY:

Greg Folsom, City Manager
APPROVED BY:

Greg Folsom, City Manager

ATTACHMENTS:
1 Resolution Approving a Second Amendment to MOU Between Suisun City and Suisun City Professional Firefighters' Association.pdf
a
Amendment No. 2 to the SCPFA MOU.pdf
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28 Resolution No. 2023-__
Adopted

RESOLUTION NO. 2023 -__

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

APPROVING A SECOND AMENDMENT TO THE MEMORANDUM OF

UNDERSTANDING (MOU) BETWEEN THE CITY OF SUISUN CITY AND THE SUISUN CITY PROFESSIONAL FIREFIGHTERS’ ASSOCIATION EFFECTIVE JULY 1, 2022, THROUGH JUNE 30, 2023, TO AMEND MOU PROVISIONS TO

RESTORE LEAVE ACCRUAL CAPS
WHEREAS, on July 19, 2022, the City Council approved the Memorandum of Understanding between the City of Suisun City (City) and the Suisun City Professional Firefighters’ Association (SCPFA), effective July 1, 2022, through June 23, 2023 (SCPFA MOU 2022-23) with the adoption of Resolution No. 2022-102; and
WHEREAS, on May 2, 2023, the City Council approved a First Amendment to the SCPFA MOU 2022-23 with the adoption of resolution No. 2023-43; and WHEREAS, the City and SC PFA’s authorized labor relations representatives met and conferred in good faith pursuant to the requirements of the Meyers -Milias-Brown Act (MMBA)(Gov’t Code Sections 3500-3511) regarding certain proposed modifications in the SCPFA MOU 2022-23 to restore leave accrual caps; and
WHEREAS, the City Council now desire s to accept, approve, and adopt the Second Amendment to the SCPFA MOU 2022-23 (attached hereto as Exhibit “A”); and WHEREAS, any additional costs of the Second Amendment to the SCPFA MOU 2022-23 will not require additional budget appropriations for this fiscal year.

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

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

Section 2. The Second Amendment to the S CPFA MOU 2022-23, attached hereto as Exhibit “A,” is hereby accepted, approved, and adopted.

Section 3. Effective Date. This Resolution is effective June 20, 2023.

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28 Resolution No. 2023-__
Adopted

PASSED AND ADOPTED at a Regular Meeting of said City Council of the City of Suisun City duly held on Tuesday, the 20th day of June 2023, 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 June 2023.

Anita Skinner
City Clerk

Exhibit A: Second Amendment to the SCPFA MOU 2022-23

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18 AGENDA ITEM NO. 7

AGENDA TRANSMITTAL

MEETING DATE:

June 20, 2023

CITY AGENDA ITEM:

Council Adoption of Resolution No. 2023-___: Approving a Third Amendment to the Memorandum of Understanding (MOU) Between the City of Suisun City and the Suisun City Police Officers’ Association Effective July 1, 2021, through June 30, 2023, to Amend MOU Provisions to Restore Leave Accrual Caps.

FISCAL IMPACT:

The additional cost resulting from this MOU amendment will be funded by American Rescue Plan Act which can be absorbed in the current fiscal year budget. Restoring the leave accrual caps will reduce the City’s future unfunded liability that exists when employees maintain high leave accrual balances, that must be paid out upon separation, and which are typically paid out at a higher rate than when earned.

STRATEGIC PLAN:

Provide Good Governance and Ensure Fiscal Solvency.

BACKGROUND:

On August 17, 2021, the City Council approved a Memorandum of Understanding between the City of Suisun City (City) and the Suisun City Police Officers’ Association (SCPOA), effective July 1, 2021, through June 30, 2023 (SCPOA MOU 2021-23) with the adoption of Resolution No. 2021-83.

On April 5, 2022, the City Council approved a First Amendment to the SCPOA MOU 2021-23 with the adoption of Resolution No. 2022-54.

On May 2, 2023, the City Council approved a Second Amendment to the SCPOA MOU 2021-23 with the adoption of Resolution No. 2023-42.

STAFF REPORT:

The City and SCPOA’s authorized labor relations representatives recently met and conferred in good faith pursuant to the requirements of the Meyers-Milias-Brown Act, codified as Gov’t Code Sections 3500-3511, and reached agreement regarding further modifications to the SCPOA MOU 2021-23. The proposed modifications pertain to restoring leave accrual caps and are memorialized in the Third Amendment to the SCPOA 2021-23 (attached as Exhibit “A” to the proposed resolution). These proposed modifications have been ratified by SCPOA membership.

Specifically, the Third Amendment would do the following if approved by the City Council:

Restore the previous contractually agreed upon leave caps effective July 1, 2024.

The City will buy down excess accrued leave to the original contractual accrued leave caps effective the last full payroll period in June 2023.

Employees will have one (1) year, until July 1, 2024, to maintain and/or reduce their leave accruals below the contractual leave caps at which time employees will no longer be allowed to exceed the leave caps.

Those who are still over the leave cap on or after July 1, 2024, shall not accrue any more leave time until they bring their accrual balance below the leave cap shall not be allowed to accrue over the cap from thereon.

19 STAFF RECOMMENDATION:

It is recommended that the City Council adopt Resolution No. 2023- ___ - Approving a Third Amendment to the Memorandum of Understanding (MOU) Between the City of Suisun City and the Suisun City Police Officers’ Association Effective July 1, 2021, through June 30, 2023, to Amend the MOU Provisions to Restore Leave Accrual Caps.

DOCUMENTS ATTACHED:
1 .

Resolution No. 2023-___: Approving a Third Amendment to the Memorandum of Understanding (MOU) Between the City of Suisun City and the Suisun City Police Officers’ Association Effective July 1, 2021, through June 30, 2023, to Amend MOU Provisions to Restore Leave Accrual Caps.
a
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Amendment No. 3 to the SCPOA MOU 2021-23.

PREPARED BY:

Christina Penland, Human Resources Administrator
REVIEWED BY:

Greg Folsom, City Manager
APPROVED BY:

Greg Folsom, City Manager

ATTACHMENTS:
1 Resolution Approving a Third Amendment to MOU between Suisun City and Suisun City Police Officers' Association.pdf
a
Amendment No. 3 to the SCPOA MOU.pdf
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28 Resolution No. 2023-__
Adopted

RESOLUTION NO. 2023 -__

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

APPROVING A THIRD AMENDMENT TO THE MEMORANDUM OF

UNDERSTANDING (MOU) BETWEEN THE CITY OF SUISUN CITY AND THE SUISUN CITY POLICE OFFICERS’ ASSOCIATION
EFFECTIVE JULY 1, 2021, THROUGH JUNE 30, 2023,

TO AMEND MOU PROVISIONS TO RESTORE LEAVE ACCRUAL CAPS
WHEREAS, on August 17, 2021, the City Council approved the Memorandum of Understanding between the City of Suisun City (City) and the Suisun City Police Officer s’ Association (SCPOA), effective July 1, 2021, through June 23, 2023 (SCPOA MOU 2021-23) with the adoption of Resolution No. 2021-83; and
WHEREAS, on April 5, 2022, the City Council approved a First Amendment to the SCPOA MOU 2021-23 with the adoption of resolution No. 2022-54; and WHEREAS, on May 2, 2022, the City Council approved a Second Amendment to the SCPOA MOU 2021-23 with the adoption of resolution No. 2023-42; and WHEREAS, the City and SC POA’s authorized labor relations representatives met and conferred in good faith pursuant to the requirements of the Meyers -Milias-Brown Act (MMBA)(Gov’t Code Sections 3500-3511) regarding certain proposed modifications in the SCPOA MOU 2021-23 to restore leave accrual caps; and
WHEREAS, the City Council now desire s to accept, approve, and adopt the Third Amendment to the SCPOA MOU 2021-23 (attached hereto as Exhibit “A”); and WHEREAS, any additional costs of the Third Amendment to the SC POA MOU 2021-23 will not require additional budget appropriations for this fiscal year.

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

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

Section 2. The Second Amendment to the S CPOA MOU 20 21-23, attached hereto as Exhibit “A,” is hereby accepted, approved, and adopted.

Section 3. Effective Date. This Resolution is effective June 20, 2023.

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28 Resolution No. 2023-__
Adopted

PASSED AND ADOPTED at a Regular Meeting of said City Council of the City of Suisun City duly held on Tuesday, the 20th day of June 2023, 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 June 2023.

Anita Skinner
City Clerk

Exhibit A: Third Amendment to the SCPOA MOU 2021-23

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24 AGENDA ITEM NO. 8

AGENDA TRANSMITTAL

MEETING DATE:

June 20, 2023

CITY AGENDA ITEM:

Council Adoption of Resolution No. 2023-___: Amending and Restating the Schedule of Compensation and Benefits for Unrepresented Employees.

FISCAL IMPACT:

The additional cost resulting from this amendment will be funded by American Rescue Plan Act funds which can be absorbed in the current fiscal year budget. Restoring the leave accrual caps will reduce the City’s future unfunded liability that exists when employees maintain high leave accrual balances, that must be paid out upon separation, and which are typically paid out at a higher rate than when earned.

STRATEGIC PLAN:

Provide Good Governance and Ensure Fiscal Solvency.

BACKGROUND:

The Schedule of Benefits for Unrepresented Employees specifies the level of benefits for the City’s unrepresented employees. These benefits may be amended from time to time as desired by the City Council. It was most recently amended/updated on May 2, 2023, with Resolution No. 2023-44.

STAFF REPORT:

The City Council historically provides compensation or benefits adjustments for Unrepresented Employees comparable to those offered to represented City of Suisun City management employees.

The City and authorized labor relations representatives for the Suisun City Police Officers’ Association (SCPOA), the Suisun City Professional Firefighters’ Association (SCPFA), and the Suisun City Employees Association (SCEA) recently met and conferred in good faith pursuant to the requirements of the Meyers-Milias-Brown Act, codified as Gov’t Code Sections 3500-3511, and reached agreement regarding modifications pertaining to restoring leave accrual caps. The agreements to amendments to the Memorandum of Understandings (MOUs) have been ratified by the SCPOA, SCPFA and SCEA memberships.

The City has also engaged with and is meeting and conferring with the Suisun City Management and Professional Employees’ Association (SCMPEA) to amend their contract as well, providing the same modifications to restoring leave accrual caps.

At this time, staff is recommending the City Council authorize Unrepresented Employees, including the City Manager, the same adjustments offered to the City’s employee bargaining groups, which would do the following if approved by the City Council:

Restore the previous authorized leave accrual caps effective July 1, 2024, for Unrepresented employees.

The City will buy down excess accrued leave to the original authorized leave caps effective the last full payroll period in June 2023.

Those who are still over the leave cap on or after July 1, 2024 accordingly, shall not accrue any more leave time until they bring their accrual balance below the leave cap shall not be allowed to accrue over the cap from thereon.

STAFF RECOMMENDATION:

It is recommended that the City Council adopt Resolution No. 2023- ___ - Amending and Restating the Schedule of Compensation and Benefits for Unrepresented Employees.

DOCUMENTS ATTACHED:
1 .

Resolution No. 2023-___ - Amending and Restating the Schedule of Compensation and Benefits for Unrepresented Employees
a
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Amended and Restated Schedule of Benefits for Unrepresented Employees – Redline b
.

Amended and Restated Schedule of Benefits for Unrepresented Employees - Clean

PREPARED BY:

Christina Penland, Human Resources Administrator
REVIEWED BY:

Greg Folsom, City Manager
APPROVED BY:

Greg Folsom, City Manager

ATTACHMENTS:
1 Resolution Amending and Restating the Schedule of Compensation and Benefits for Unrepresented Employees.pdf
a
Amended and Restated Schedule of Benefits for Unrepresented Employees - REDLINE.pdf b
Amended and Restated Schedule of Benefits for Unrepresented Employees - CLEAN.pdf 26 Resolution No. 2023-__
Adopted June 20, 2023

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RESOLUTION NO. 20 23-__

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

AMENDING AND RESTATING THE SCHEDULE OF COMPENSATION AND

BENEFITS FOR UNREPRESENTED EMPLOYEES

WHEREAS, on March 5, 2019, the City Council of the City of Suisun City adopted Resolution No. 2019 -22, approving the Schedule of Salary and Benefits for Executive Management and Confidential Employees (the Plan); and
WHEREAS, on July 30, 2019, the City Council adopted Resolution No. 2019-87, making a number of significant changes to the Comprehensive Plan; and WHEREAS, on November 24, 2020, the City Council adopted Resolution No. 2020 - 144, providing several new provisions and clean up items no longer relevant; and WHEREAS, on June 29, 2021, the City Council adopted Resolution No. 2021 -56, approving the Schedule of Benefits for Executive Management Employees (the Benefits Plan), changing the Plan title, eliminating the Confidential Employee Pay Program, providing several new provisions, and cleaning up items no longer relevant; and WHEREAS, on July 20, 2021, the City Council adopted Resolution No. 2021 -69, approving the Amended and Restated Schedule of Benefits for Unrepresented Employees clarifying classifications designated as “at-will” to be unrepresented, and approving various other changes; and
WHEREAS, on April 5 , 202 2, the City Council adopted Resolution No. 202 2-55, approving the Amended and Restated Schedule of Benefits for Unrepresented Employees to add the unrepresented class of Battalion Chief, provide for a Deputy City Manager designation and assignment pay, add Juneteenth as a recognized holiday, and add COBRA insurance coverage in addition to various clarifying changes; and
WHEREAS, on May 2 , 202 3, the City Council adopted Resolution No. 202 3-44, approving the Amended and Restated Schedule of Benefits for Unrepresented Employees pertaining to compensation provisions; and
WHEREAS, the Schedule of Benefits for Unrepresented Employees may be adjusted at any time by the City Council; and
WHEREAS, the City Council now desires to further amend sections of the Schedule of Compensation and Benefits for Unrepresented Employees, including the City Manager, to update the title of the document to include “compensation” and to restore leave accrual caps; and NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Suisun City, California, does hereby resolve as follows:
27 Resolution No. 2023-__
Adopted June 20, 2023

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

Section 2. The “Amended and Restated Schedule of Compensation and Benefits for Unrepresented Employees,” a copy of which is attached hereto and incorporated herein, is accepted, approved and adopted.

Section 3. Effective Date. This Resolution is effective June 20, 2023.

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 June 2023, 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 June 2023.

Anita Skinner
City Clerk

Exhibit A: Amended and Restated Schedule of Benefits for Unrepresented Employees - Redline

Exhibit B: Amended and Restated Schedule of Benefits for Unrepresented Employees - Clean

28 Resolution No. 2023-__
Adopted June 20, 2023
1 CITY OF SUISUN CITY

AMENDED AND RESTATED

SCHEDULE OF COMPENSATION AND BENEFITS FOR

UNREPRESENTED EMPLOYEES
EFFECTIVE June 20, 2023
Adopted by Resolution No. 2023-_____

ARTICLE I INTRODUCTION

Section 01. AFFECTED EMPLOYEES. This Schedule of Compensation and Benefits for Unrepresented Employees (the "Unrepresented Employee Benefit Schedule") shall be in force and effect for the following classifications of unrepresented employees with the City of Suisun City ("City"), hereinafter referred to as the "Affected Employee(s)," and is also subject to any express employment contracts entered into and signed by the City and the Affected Employees with the employment contract taking precedence over this Unrepresented Employee Compensation and Benefit Schedule:

Department Heads Non-Department Heads
Development Services Director Human Resources Administrator Finance Director Fire Battalion Chiefs
Fire Chief
Police Chief
Public Works Director / City Engineer
Recreation, Parks, & Marina Director

Section 02. EMPLOYMENT STATUS. All Affected Employees, except the Fire Battalion Chiefs, are deemed to be "at-will" employees serving solely at the pleasure of the City Manager and are subject to dismissal without notice and without cause whatsoever; and without any right of due process hearing, including any so-called "Skelly" pre-disciplinary notice and response or post- termination appeal hearing. Cause shall be defined as malfeasance, misfeasance, misconduct, unethical conduct, illegal conduct, insubordination or any other conduct that the City Council, in its sole discretion, deems to reflect poorly on the City, its employees, or its services. In the event of such voluntary or involuntary termination, the sole and entire right of any Affected Employee shall be to receive compensation, if any, which vested prior to the date of the termination. This provision does not waive any public safety statutory rights afforded to the Police Chief, Fire Chief and/or Fire Battalion Chiefs.

Section 03. NON-DEPARTMENT HEADS. Non-Department Heads, except the Fire Battalion Chiefs, shall receive the benefits afforded to the Management Classes assigned to the Suisun City Management & Professional Employees’ Association (SCMPEA) Memorandum of Understanding (MOU), as amended from time to time, even if expired. Non-Department Head salaries shall be governed by the separate City-wide Salary Resolution, covering all City employees. Accordingly, with 29 Resolution No. 2023-__
Adopted June 20, 2023
2 limited exception, the rest of the Articles herein, shall not govern Non-Department Head classifications.

Section 04. FUTURE ADDITIONAL CLASSIFICATIONS. This Benefit Schedule shall include future additional classifications determined under applicable City Resolution to be “at-will” within the categories of Unrepresented Department Head or Unrepresented Non-Department Head.

Section 05. FIRE BATTALION CHIEFS. Fire Battalion Chiefs are not at-will employees and are FLSA non-exempt. This classification shall receive the same benefits afforded to the Fire Captains, represented by the Suisun City Fire Professionals Association, (SCFPA, IAFF 1186), provided under the Suisun City Professional Firefighters’ Association (SCPFA) Memorandum of Understanding (MOU) 2022-23, as amended from time to time, even if expired, including uniform allowance at $1300 annually, which will be paid on the regular paychecks on a pro-rata basis, equally divided across each of the twenty-six (26) pay periods/paychecks.

ARTICLE II SALARY

Section 01. SALARY SCHEDULE SYSTEM. The City maintains a separate City-wide Salary Resolution, for all City employees, including Affected Employees who are now employed, or will in the future be employed, in any of the designated positions of employment set forth in Article I, Section 01 above. The compensation of all Affected Employees shall be determined on a merit basis and Affected Employees will be paid in accordance with the range of pay identified by position in the separate salary schedule resolution or by written contract signed by the City and the Affected Employee.

Section 02.

A. ADDITIONAL PAY.

1. Miscellaneous. Effective the payroll period after City Council adoption of Resolution No. 2021-69, the City will provide a $2.00 per hour non-pensionable additional pay on top of the base pay rate for all Affected Employees miscellaneous job classes up through and until May 11, 2023.

2. Police and Fire. Effective the payroll period after City Council adoption of Resolution No. 2021- 69, the City will provide a $6.00 per hour non-pensionable additional pay on top of the base pay rate for all Affected Employee safety job classes up through and until May 11, 2023.

3. Regular salary and other pay will be made on a bi-weekly basis.

4. The previously provided Critical Staffing Retention and Recruiting Pay sunset/expired June 30, 2021.

B. Base Wage Increase. Effective May 12, 2023, base hourly wages will be adjusted as follows:
30 Resolution No. 2023-__
Adopted June 20, 2023
3 1. Miscellaneous. Base hourly wage increases of $2 per hour to the wage range and to the employee’s position within that range for all unrepresented miscellaneous job classes.

2. Police and Fire . Base hourly wage increases of $6 per hour to the wage range and to the employee’s position within that range for all unrepresented safety job classes.

Section 03. LEVEL OF COMPENSATION. The compensation of all Affected Employees shall be determined on a merit basis, and said employees shall initially be placed, at time of appointment by the City Manager, at a pay step within the applicable pay ranges as established in the City’s salary resolution.

Section 04. ADVANCEMENT WITHIN SCHEDULE FOR DEPARTMENT HEADS. Department Heads shall be considered for advancement within the steps of the City’s Salary Schedule resolution at the discretion of the City Manager. The City Manager shall evaluate all Employees on an annual basis as determined by the initial hire date. If it is determined that an Employee is eligible for an advancement, the effective date of the advancement shall be the first payroll period following the City Manager's approval unless otherwise specified by the City Manager. Advancements within the salary range may be granted, based on merit, if an Employee demonstrates exceptional ability and proficiency in the performance of the employee's duties as determined by the City Manager.

Section 05. WORK SCHEDULES. The traditional work schedule is a 40.0-hour workweek consisting of five (5) consecutive 8.0 hour days in a seven-day period (hereinafter "5/40"), beginning at 12:00 am on Friday through 11:59 on the following Thursday. All other work schedules shall be considered Alternative Work Schedules.

Section 06. ALTERNATIVE WORK SCHEDULES. Nine workdays totaling 80 hours during a fourteen-day period beginning at 12:00 am on Friday through 11:59 pm on the following Thursday (hereinafter "9/80"), or any other configuration approved by the City Manager.

Section 07. FLSA EXEMPT STATUS. The City designates the Affected Employees as exempt from overtime for purposes of the Fair Labor Standards Act ("FLSA") with the exception of Fire Battalion Chiefs. The City shall comply with all applicable state and federal standards, regulations and laws relative to its designations of these employees as exempt for FLSA purposes.

ARTICLE III OTHER COMPENSATION

Section 01. ACTING CITY MANAGER PAY. If assigned as Acting City Manager for a duration that exceeds seven (7) business days, the Affected Employee shall receive Acting Pay of ten percent (10%) of base pay. This compensation is non-pensionable compensation.

Section 02. DEPUTY CITY MANAGER ASSIGNMENT & PAY. This is a two (2) year pilot program which can be paused or eliminated by City Council at any time. The City Manager, with the 31 Resolution No. 2023-__
Adopted June 20, 2023
4 concurrence of the City Council in closed session consistent with current Department Head appointment procedures, may assign at their discretion a Department Head designee who is covered by the City’s Unrepresented Resolution to serve as Deputy City Manager over non-public safety services. Assignees will have up to a two (2) year assignment that can be revoked by the City Manager, with the concurrence of City Council in closed session, at any time. The assignment ending date must be specified upon the assignment and may be extended for longer than two (2) years only if the pilot program is also extended. Assignees will be required to continue to maintain a high level of job performance in their existing position and have capacity to take on this additional assignment.

The pilot program shall be reviewed by City Council every six (6) months. If assigned as Deputy City Manager for a duration that exceeds seven (7) business days, the assigned Department Head shall receive Acting Pay of fifteen percent (15%) of base pay, which shall not be pensionable compensation.

Section 03. FIRE DUTY CHIEF STANDBY PAY. Due to the City's inability to afford full-time staff to serve as a Fire Duty Chief for each shift, the Fire Chief may be assigned to serve as Fire Duty Chief on a standby basis in addition to regular hours worked, typically overnight and on regularly scheduled days off. The Fire Chief when assigned to serve as Duty Chief shall receive additional non- pensionable Fire Duty Chief Standby Pay per assigned shift as follows: $200 per weekday evening shift (5:01 p.m. to 8:29 a.m.), $200 per weekend day shift (8:30 a.m. to 8:29 p.m.), and $200 per weekend evening shift (8:30 p.m. to 8:29 a.m.); this additional pay will be limited to no more than fifteen (15) shifts per month. If operationally necessary, the City Manager may authorize additional shifts that must be requested and approved in writing. It is expected that such assignment would be made on monthly basis taking the form of a rotation between participants to reduce the burden on any single individual and to distribute evenly the assignment to the maximum extent possible. Employees must be scheduled for Fire Duty Chief Standby in such a manner as to ensure at least one-consecutive day off (e.g., no regular or standby work assignment) each week of a month to the maximum extent possible. The Fire Chief shall have the sole ability to schedule one Fire Duty Chief per shift based on staffing, budget, and operational discretion as they see fit, but shall not assign themself any greater participation than assigned to any single Fire Division Chief to the maximum extent possible and/or mutually agreed upon allotment between the Chief Officers.

Section 04. ADVANCED EDUCATION COMPENSATION. Department Heads that have an advanced degree (master’s degree, doctorate, etc.) that complements their job duties and descriptions or provides benefit to the City, and exceeds the job description or classification specification requirement, will be given a 3% increased base salary compensation adjustment. This incentive is limited to a maximum of 3% regardless of the number of degrees exceeding the job requirement. An advanced degree required for the position is not eligible for the incentive. This compensation must be approved by the City Manager.

Section 05. AUTOMOBILE ALLOWANCE. Department Heads shall receive three hundred dollars ($300) per month in automobile allowance or a take home City vehicle, as determined by the City Manager. All uses of City vehicles shall be per the City vehicle use policy.

32 Resolution No. 2023-__
Adopted June 20, 2023
5 Section 06. TECHNOLOGY/CELL PHONE EQUIPMENT. Subject to the written approval of the City Manager, the City shall provide Affected Employees with a City purchased and maintained cell phone, tablet, lap-top, personal computer, printer, remote access from home computer and all other related technology needed to successfully undertake their position, provided such equipment is available for use and/or has been budgeted for.

Section 07. CONFIDENTIAL EMPLOYEE PROGRAM TERMINATION. Currently, the Recreation, Parks, and Marina Director, hired prior to July 30, 2019, receives a 3% pay Confidential Pay Differential which is added to the employee's base pay. No other Executive Management classifications are eligible for this pay and the Confidential Pay Program will end with the departure of the current incumbent Recreation, Parks, and Marina Director.

ARTICLE IV EDUCATION REIMBURSEMENT FOR DEPARTMENT HEADS ONLY

This Article IV shall apply to Department Head employees only.

Section 01. LIMITATIONS ON EDUCATION REIMBURSEMENT. Upon approval of the City Manager, the City shall reimburse Department Head costs for further education such as tuition, registration fees, and books, subject to the limits set forth in this Article. Other fees such as mileage, activity cards and other optional fees and lab fees shall not be reimbursed. The following rules shall apply for education reimbursement:

A. Courses, degrees and certifications must relate to the Employee's position or be directly related to the employee's potential professional development with the City.

B. Pre-approval by the City Manager is required in advance of registering any the course of instruction.

C. Course work taken only at institutions accredited by nationally recognized accrediting agencies that the federal Secretary of Education has determined to be reliable authorities as to the quality of such education or training offered shall be considered for reimbursement.

Correspondence courses shall not be eligible. Reimbursement for course work taken at a non- accredited institution shall be subject to the sole discretion of the City Manager.

D. Employees shall only receive education reimbursement if they satisfactorily complete the approved course with a "pass" or grade of "C" or better.

E. In the event an Employee receives assistance under federal or state government legislation or other student aid program for education charges for an approved course, only the difference, if any, between such assistance and the education charges an employee actually incurs, shall be eligible for reimbursement under this program.

F. Upon completion of each course, an Employee shall be responsible for reporting grades received to the Personnel Department for recording purposes and for supplying a copy of the grade receipt for the employee's personnel file.

33 Resolution No. 2023-__
Adopted June 20, 2023
6 Section 02. Reimbursement for books and registration fees shall be paid upon proof of payment by the Employee. Tuition costs shall be reimbursed following completion of the course and submittal of proof for the successful completion of the course as required by this Article. If the City requires the employee to withdraw from the course, the City shall reimburse the employee for the full cost of tuition. All payments shall be made as part of the regular City warrant.

Section 03. Failure on the part of an Employee to provide any information required to determine eligibility for reimbursement, or providing false information for reimbursement requests, shall result in the employee being ineligible for any future tuition reimbursements, and may result in disciplinary action up to and including termination of employment.

Section 04. In no case shall the total amount of education reimbursement for individual courses provided to an Employee in a given fiscal year exceed one thousand five hundred dollars ($1,500). If an Employee leaves City service within two (2) years of receiving education reimbursement, the Employee must reimburse the City an amount equal to half of the total education reimbursement paid by the City, which may be withheld from the Employee’s final pay check per agreement by the Employee.

ARTICLE V RETIREMENT BENEFITS

Section 01. The California Public Employees’ Pension Reform Act OF 2013 (PEPRA) took effect January 1, 2013. PEPRA outlines the definition of Classic and New Members and specifies requirements specific to these classes of members. Eligibility as a Classic or New Member is also governed by the Public Employees’ Retirement Law (PERL), and eligibility determinations are made solely by California Public Employees' Retirement System (CalPERS).

Section 02. Classic Miscellaneous Employee Retirement Benefits. Except as otherwise provided in this Article, the City provides the 2.0 percent at 55 CalPERS Retirement Plan, with One-Year Final Compensation, including the 1959 Survivor's Benefit Level 3, for Classic Miscellaneous Employees.

The City shall pay the Employer’s contribution. The employee shall pay the Employee’s contribution as established by CalPERS. As soon as practicable and approved by CalPERS, all Miscellaneous Affected Employees will receive an increase to their base hourly rate of 7.5 percent in exchange for Classic Miscellaneous employees paying the full employee contribution along with employees governed by PEPRA.

Section 03. Classic Safety Fire Employee Retirement Benefits. Except as otherwise provided in this Article, the City provides the 2.0 percent at 55 CalPERS Retirement Plan, with One-Year Final Compensation, including the 1959 Survivor's Benefit Level 3, for Classic Safety Fire Affected Employees. The City shall pay the Employer’s contribution. The employee shall pay the Employee’s contribution as established by CalPERS. As soon as practicable and approved by CalPERS, all Fire Safety Affected Employees will receive an increase to their base hourly rate of 7.5 percent in exchange for the Classic Safety Fire employees paying the full employee contribution along with employees governed by PEPRA.
34 Resolution No. 2023-__
Adopted June 20, 2023
7 Section 04. Classic Safety Police Employee Retirement Benefits. Except as otherwise provided in this Article, the City provides the CalPERS 3.0 percent at 50 Retirement Plan, with One-Year Final Compensation and Credit for Unused Sick Leave Government Code Sections 20042 and 20965 respectively, for Classic Safety Police Affected Employees. The Credit for Unused Sick Leave will be reduced by the number of hours converted to cash pursuant to Section 5 of Article IX. The following provisions apply to Affected Employees receiving Safety Police benefits:

A. The City shall continue to provide Level 4, Survivor Benefits through CalPERS.

B. The employee shall pay the Employee’s contribution as established by CalPERS.

C. Consistent with Internal Revenue Code Section 414(h)(2), that portion of the Affected Employee's contribution paid by the Employee shall be deducted from each Employee's gross pay on a pre-tax basis.

D. As soon as practicable and approved by CalPERS, all Safety Police Affected Employees will receive an increase to their base hourly rate of 5.5 percent in exchange for the Classic Safety Police Employees paying the full employee contribution along with employees governed by PEPRA.

Section 05. PEPRA New Miscellaneous Employee Retirement Benefits. The City provides the 2.0% at 62 CalPERS Plan for New Member Miscellaneous Employees. The City shall pay the Employer's contribution as established by CalPERS. The Employee shall pay the Employee's contribution as established by CalPERS. Pursuant to PEPRA, no Employer Paid Member Contribution (EPMC) is available for New Members. Should any provision in this Article be determined to be in conflict with PEPRA, the provisions of PEPRA shall take precedence.

Section 06. PEPRA New Safety Fire Employee Retirement Benefits. The City provides the 2.0% at 57 CalPERS PEPRA Plan for New Member Safety Fire Employees. The City shall pay the Employer's contribution as established by CalPERS. The Employee shall pay the Employee's contribution as established by CalPERS. Pursuant to PEPRA, no EPMC is available for New Members. Should any provision in this Article be determined to be in conflict with PEPRA, the provisions of PEPRA shall take precedence.

Section 07. PEPRA New Safety Police Employee Retirement Benefits. The City provides the 2.7% at 57 CalPERS Plan for PEPRA New Member Safety Police Employees. The City shall pay the Employer's contribution as established by CalPERS. The Employee shall pay the Employee's contribution as established by CalPERS. Pursuant to PEPRA, no EPMC is available for New Members. Should any provision in this Article be determined to be in conflict with PEPRA, the provisions of PEPRA shall take precedence.

35 Resolution No. 2023-__
Adopted June 20, 2023
8 Section 08. Sick Leave Conversion. The City provides Credit for Unused Sick Leave pursuant to Government Code Section 20965.

ARTICLE VI VACATION LEAVE FOR DEPARTMENT HEADS ONLY

This Article VI shall apply to Department Head employees only.

Section 01. VACATION ACCRUAL. Department Head accumulation of Vacation Leave shall commence effective with the date of hire, according to the following schedule, prorated on a pay period basis (annual total divided by 26 bi-weekly pay periods to two decimal places of accuracy):

A. For the first five (5) years of service. Employees shall earn and be credited with Vacation Leave at the rate of 120.0 hours per year.

B. Commencing with the Sixth (6th) Year. Employees shall earn and be credited with Vacation Leave at the rate of 160.0 hours per year.

C. Commencing with the Eleventh (11th) Year. Employees shall earn and be credited with an additional 8 hours per additional year of service until reaching a maximum of 200.0 hours per year after fifteen (15) years of service.

Section 02. MAXIMUM ACCUMULATION. Department Heads with fifteen (15) or fewer years of service with the City may accumulate up to a maximum of two hundred eighty (280) hours of Vacation Leave. Employees with over fifteen (15) years of service with the City may accumulate up to a maximum of three hundred twenty (320) hours of Vacation Leave.

Under exceptional circumstances, such as heavy workloads or staffing shortages, the City Manager may authorize the accumulation of additional Vacation Leave. If an Employee is at the limit, they must request to take Vacation Leave off. If a written request to do so is disapproved, the limit may be increased by the City Manager. Failure to request time off will result in ceasing the accrual of Vacation Leave upon reaching maximum accumulation and continuing until the balance is reduced by forty (40) hours.

Section 03. HOLIDAY DURING VACATION. An Affected Employee is not charged Vacation Leave for a Holiday occurring during their Vacation Leave.

Section 04. UTILIZATION OF VACATION LEAVE. Utilization of Vacation Leave shall be scheduled through the City Manager, who shall, in their sole discretion, determine when and whether to permit such leave. In making a determination when and whether to permit utilization of Vacation Leave, the City Manager may consider such factors as the preferences of the Employee, the availability of staff to assume the duties of the employee, the impact of the leave on overall City service or pending projects, and the overall staffing and other needs of the City.

Section 05. CONVERSION OF UNUSED VACATION LEAVE TO CASH. Department Heads are allowed to cash-out of a maximum of forty (40) hours in January of each year as long as there remains 36 Resolution No. 2023-__
Adopted June 20, 2023
9 a minimum of eight (8) hours in employee’s vacation leave after cash-out. The Finance Department will send out a request form, in November of the preceding year, that includes written verification of each employee’s current Vacation Leave balance. To be entitled to cash-out Vacation Leave, Employees must make an irrevocable request for the upcoming calendar year to cash-out Vacation Leave by filling out and signing the form provided by the Finance Department. The form must be submitted to the Finance Department by the date provided on the form and in no event later than December 31st of each year for cash-out in January of the following year. Moreover, no request for conversion shall be granted unless first approved by the City Manager.

Section 06. VACATION LEAVE PAYMENT AT SEPARATION. Department Heads who voluntarily or involuntarily separate from employment with the City shall be paid in a lump sum for all accrued Vacation Leave earned to the effective date of the separation, up to the maximum prescribed in this Article. Payment shall be at the same hourly rate of pay as was authorized for the Employee at the effective date of termination.

Section 07. RESTORING LEAVE CAPS. Leave caps shall be restored for all unrepresented employees effective July 1, 2024. In order to effectuate this intent, the City will buy down any excess accrued leave to the original authorized accrued leave cap effective the last full payroll period in June 2023. Employees will then have one (1) year, until July 1, 2024, to maintain and/or reduce their leave accruals below the contractual leave caps at which time employees will no longer be allowed to exceed the leave caps. Those who are still over the cap on or after July 1, 2024, shall not accrue any more leave time until they bring their accrual balance below the leave caps and shall not be allowed to accrue over the cap from thereon. The City understands that after buying down the excess accrued leave to the leave caps, that it is likely in the first few payroll periods following that event that employees will exceed he caps again, so the City is providing the one (1) year period to give employees time to sufficiently reduce their leave accruals to avoid future loss of accruals when the hard cap is imposed.

ARTICLE VII HOLIDAYS

Section 01. HOLIDAY DATES. All Affected Employees shall have the same legal holidays and the same schedule of holidays as are afforded mid-management employees, either by City's past practice or as presently listed in the current memorandum of understanding governing those employees.

The following are recognized as Holidays:

The first day of January, New Year's Day.

The third Monday in January, Martin Luther King's Birthday.

The third Monday in February, President's Day.

The last Monday in May, Memorial Day.

The nineteenth day of June, Juneteenth.

The fourth day of July, Independence Day.

The first Monday in September, Labor Day.
37 Resolution No. 2023-__
Adopted June 20, 2023
10 The second Monday in October, Columbus Day.

The eleventh day of November, Veteran's Day.

The fourth Thursday in November, Thanksgiving Day.

The fourth Friday in November, the day after Thanksgiving Day.

The twenty-fifth day of December, Christmas Day.

One floating Holiday shall be posted on the first pay period in July and one floating Holiday on the first pay period in January to the Holiday Leave balance.

Any date proclaimed by the Mayor of Suisun City as a Holiday.

Holidays proclaimed by the President of the United States or the Governor of the State of California shall be subject to review and are not automatically provided to Affected Employees.

Section 02. HOLIDAY LEAVE BALANCE. Holiday Leave shall be accumulated separately from Vacation Leave. Holiday Leave may be used for paid leave purposes (essentially in the same manner as Vacation Leave). In order to encourage Affected Employees to take advantage of their Holiday Leave, a maximum of one hundred (100) hours is allowed to accrue in Holiday Leave balance.

Employees may not cash-out Holiday Leave except upon leaving City service. If an Employee is at the accrual limit, they must request to take Holiday Leave off. If a written request to do so is disapproved, then the accrual limit shall be increased by the City Manager. Failure to request time off would result in ceasing the accrual of Holiday Leave upon reaching maximum accumulation and continuing until the balance is reduced by 20 hours.

Section 02. RESTORING LEAVE CAPS. Leave caps shall be restored for all unrepresented employees effective July 1, 2024. In order to effectuate this intent, the City will buy down any excess accrued leave to the original authorized accrued leave cap effective the last full payroll period in June 2023. Employees will then have one (1) year, until July 1, 2024, to maintain and/or reduce their leave accruals below the contractual leave caps at which time employees will no longer be allowed to exceed the leave caps. Those who are still over the cap on or after July 1, 2024, shall not accrue any more leave time until they bring their accrual balance below the leave caps and shall not be allowed to accrue over the cap from thereon. The City understands that after buying down the excess accrued leave to the leave caps, that it is likely in the first few payroll periods following that event that employees will exceed he caps again, so the City is providing the one (1) year period to give employees time to sufficiently reduce their leave accruals to avoid future loss of accruals when the hard cap is imposed.

ARTICLE VIII OTHER LEAVES

Section 01. FAMILY OR MEDICAL LEAVE. Rules regarding Family or Medical Leave are set forth in Section 10.2 of the Personnel Rules.

Section 02. PREGNANCY DISABILITY LEAVE. Rules regarding Pregnancy Disability Leave are set forth in Section 10.3 of the Personnel Rules.

38 Resolution No. 2023-__
Adopted June 20, 2023
11 Section 03. LEAVE OF ABSENCE DUE TO INJURY INCURRED WHILE ON DUTY.

A. The City shall comply with applicable federal and state laws governing work-related injuries, leaves and compensation.

B. Employees shall bring health and/or safety problems in the workplace to the attention of their supervisor as soon as possible.

C. The City shall coordinate accrued Sick Leave with Workers' Compensation benefits.

D. Employees who have exhausted their Sick Leave balances may use accrued Vacation Leave, Executive Leave, and/or Holiday Leave consistent with the provisions of Personnel Rules Subsection 10.3.1. Upon expiration of all paid leave time, an Employee shall be entitled to receive compensation only from the City's Workers' Compensation third-party administrator.

Section 04. BEREAVEMENT/COMPASSIONATE LEAVE. Rules regarding Bereavement/ Compassionate Leave are set forth in Section 10.5 of the Personnel Rules.

Section 05. CATASTROPHIC LEAVE-SHARING PROGRAM. Rules regarding the Catastrophic Leave-Sharing Program are set forth in Administrative Directive – AD 10.

Section 06. JURY DUTY. Rules regarding Jury Duty are set forth in Section 10.6 of the Personnel Rules.

Section 07. MILITARY LEAVE. Rules regarding Military Leave are set forth in Section 10.7 of the Personnel Rules.

Section 08. EXECUTIVE LEAVE FOR DEPARTMENT HEADS. Department Heads shall be granted one hundred twenty (120) hours of Executive Leave with pay each fiscal year (July 1 to June 30). Sixty (60) hours of Executive Leave will be allocated on a semi-annual basis on the following dates: January 1st and July 1st. Employees hired during the fiscal year period shall have Executive Leave credited as a pro-rated amount pursuant to AD 7, Section 8.5. Department Heads may accumulate up to a maximum of one hundred sixty (160) hours of Executive Leave, wherein upon reaching maximum accumulation such accrual shall cease until the balance falls below the establish maximum accumulation.

Section 09. EXECUTIVE LEAVE CASH-OUT FOR DEPARTMENT HEADS. Department Heads are allowed to request cash-out of a maximum of forty (40) hours in January of each year. The Finance Department will send out a request form, in November of the preceding year, that includes written verification of each Employee’s current Executive Leave balance. To be entitled to cash-out Executive Leave, Employees must make an irrevocable request for the upcoming calendar year to cash-out Executive Leave by filling out and signing the form provided by the Finance Department.

The form must be submitted to the Finance Department by the date provided on the form, and in no event later than December 31st of each year for cash-out in January of the following year. Moreover, 39 Resolution No. 2023-__
Adopted June 20, 2023
12 no request for cash-out shall be granted unless first approved by the City Manager. City Manager may consider cash-out of additional unused leave accruals in extreme or emergency situations, but only following the same request procedure.

Section 10. RESTORING LEAVE CAPS. Leave caps shall be restored for all unrepresented employees effective July 1, 2024. In order to effectuate this intent, the City will buy down any excess accrued leave to the original authorized accrued leave cap effective the last full payroll period in June 2023. Employees will then have one (1) year, until July 1, 2024, to maintain and/or reduce their leave accruals below the contractual leave caps at which time employees will no longer be allowed to exceed the leave caps. Those who are still over the cap on or after July 1, 2024, shall not accrue any more leave time until they bring their accrual balance below the leave caps and shall not be allowed to accrue over the cap from thereon. The City understands that after buying down the excess accrued leave to the leave caps, that it is likely in the first few payroll periods following that event that employees will exceed he caps again, so the City is providing the one (1) year period to give employees time to sufficiently reduce their leave accruals to avoid future loss of accruals when the hard cap is imposed.

ARTICLE IX SICK LEAVE

Section 01. SICK LEAVE. Rules regarding Sick Leave are set forth in Section 10.1 of the Personnel Rules.

ARTICLE X MEDICAL & DENTAL INSURANCE
Section 01. CORE FLEX PLAN. The City will contribute the following Core Flex Plan amounts toward the monthly premium cost based on the 2021 Kaiser Permanente Region 1 Premium:

Time Period Employee Employee + One Employee + Family Effective 7/1/21 $813.64 $1,627.28 $2,115.46
Or the equivalent of the Kaiser Permanente Region 1 Premium, whichever is greater.

Should the Kaiser Permanente Region 1 premium cost be less than the amounts listed above, the City shall pay no more that the full cost of the Kaiser Permanente rate for employees who select Kaiser Permanente.

Section 02. FLEXIBLE BENEFIT OPTIONS. The City shall provide $500.00 per month (employee only) and $700.00 per month (employee plus one or more dependents) as a Flexible Benefit Credit that may be used in lieu of the Core Flex Plan enrollment per Section 1 of this Article.

The Flexible Benefit Credit may be divided among Dental Premiums, Flexible Spending Accounts, and Taxable Cash Option. An Affected Employee must choose the Flexible Benefit Options during the Open Enrollment Period established in the Suisun City Flexible Benefits Plan.

Section 03. RESTRICTIONS. An Affected Employee may either enroll in the Core Flex Plan or be entitled to the Flexible Benefit Options as described in Section 2 of this Article, but may not 40 Resolution No. 2023-__
Adopted June 20, 2023
13 participate in both, with the exception of the Voluntary Pre-Tax Payroll Deduction Flexible Spending Account.

Section 04. MEDICAL INSURANCE BENEFITS AFTER DEATH IN THE LINE OF DUTY. Should the Police Chief or Fire Chief lose their life in the line of duty, the City shall continue to pay medical insurance payments as outlined above for the Employee’s immediate dependent family. Said payments will continue for a period of up to two (2) years, provided the City's medical insurance plan allows for such continued participation. The surviving dependent family member(s) may remain on the City's medical plan at the City’s cost after the two (2) years has elapsed, provided that the medical plan allows for such continued participation.

Section 05. SICK LEAVE CONVERSION TO FUND MEDICAL PREMIUMS. Upon normal retirement from the City, Affected Employees may convert twenty-five (25) percent of their Sick Leave balance to a cash equivalent and use it to fund medical premiums. This conversion will be deducted from the amount reported for CalPERS credit in Article IV.

ARTICLE XI WORKERS' COMPENSATION COVERAGE

Section 01. The City shall provide Workers' Compensation Insurance coverage (hereinafter "Workers' Comp") for all Affected Employees through its self-insured program.

ARTICLE XII STATE DISABILITY INSURANCE COVERAGE

Section 01. STATE DISABILITY INSURANCE. The City shall participate in the State Disability Insurance Program (hereinafter "SDI").

Section 02. PAYMENT OF SDI PREMIUMS. SDI premiums shall be paid in full by the City on behalf of all participating Affected Employees.

ARTICLE XIII LIFE INSURANCE AND DEFERRED COMPENSATION FOR DEPARTMENT HEADS

Section 01. LIFE INSURANCE. The City shall provide a $200,000 term and accidental death and dismemberment insurance policy for each Employee. The face value of the policy will begin reducing at age 65, per the policy's schedule of benefits.

Section 02. DEFERRED COMPENSATION PLAN. The City shall provide a Deferred Compensation Plan as an optional benefit to Employees. The City will match the Department Head contribution up to 3.5% per pay period. The City's match will be contributed to participating Employees on a per pay-period basis.

ARTICLE XIV UNIFORMS AND UNIFORM ALLOWANCES FOR PUBLIC SAFETY DEPARTMENT HEADS

41 Resolution No. 2023-__
Adopted June 20, 2023
14 This Article XIV shall apply to Public Safety Department Heads only.

Section 01. UNIFORM ALLOWANCES. The City shall annually pay Affected Employees required to wear uniforms in the performance of their duties a Uniform Allowance as follows:

Police Chief: $1,300 annually
Fire Chief: $1,300 annually

Section 02. Uniform allowance will be paid on the regular paychecks on a pro-rata basis, equally divided across each of the twenty-six (26) pay periods/paychecks.

ARTICLE XV SEVERANCE

Section 01. The City shall provide a Non-Public Safety Affected Employee who is at-will and who is terminated for any reason, other than For Cause, an amount equivalent to three (3) months of pay at the employee’s then-current rate of pay plus an amount equivalent to three (3) months of COBRA insurance coverage (combined “Severance”),in consideration for and contingent upon the employee’s execution of a general release agreement approved in form by the City Attorney. The City shall give a Public Safety Affected Employee who is at-will and who is terminated for any reason, other than For Cause, an amount equivalent to four (4) months of pay at the employee’s then-current rate of pay plus an amount equivalent to four (4) months of COBRA insurance coverage (combined “Severance”),in consideration for and contingent upon the employee’s execution of a general release agreement approved in form by the City Attorney and which includes a waiver of any Public Safety statutory rights. “For Cause” includes, but is not limited to malfeasance, misfeasance, misconduct, unethical conduct, illegal conduct, insubordination or any other conduct that is deemed to reflect poorly on the City, its employees, or its services.

ARTICLE XVI ELECTIONS

Section 01. In no event will the terms of this Unrepresented Employee Benefit Schedule or its adoptive resolution be changed or terminated within ninety (90) days before or after any municipal election for the selection or recall of one or more of the members of the City Council.

END

42 Resolution No. 2023-__
Adopted June 20, 2023
1 CITY OF SUISUN CITY

AMENDED AND RESTATED

SCHEDULE OF COMPENSATION AND BENEFITS FOR

UNREPRESENTED EMPLOYEES
EFFECTIVE June 20, 2023
Adopted by Resolution No. 2023-_____

ARTICLE I INTRODUCTION

Section 03. NON-DEPARTMENT HEADS. Non-Department Heads, except the Fire Battalion Chiefs, shall receive the benefits afforded to the Management Classes assigned to the Suisun City Management & Professional Employees’ Association (SCMPEA) Memorandum of Understanding (MOU), as amended from time to time, even if expired. Non-Department Head salaries shall be governed by the separate City-wide Salary Resolution, covering all City employees. Accordingly, with 43 Resolution No. 2023-__
Adopted June 20, 2023
2 limited exception, the rest of the Articles herein, shall not govern Non-Department Head classifications.

ARTICLE II SALARY

Section 02.

A. ADDITIONAL PAY.

3. Regular salary and other pay will be made on a bi-weekly basis.

4. The previously provided Critical Staffing Retention and Recruiting Pay sunset/expired June 30, 2021.

B. Base Wage Increase. Effective May 12, 2023, base hourly wages will be adjusted as follows:
44 Resolution No. 2023-__
Adopted June 20, 2023
3 1. Miscellaneous. Base hourly wage increases of $2 per hour to the wage range and to the employee’s position within that range for all unrepresented miscellaneous job classes.

2. Police and Fire . Base hourly wage increases of $6 per hour to the wage range and to the employee’s position within that range for all unrepresented safety job classes.

ARTICLE III OTHER COMPENSATION

Section 02. DEPUTY CITY MANAGER ASSIGNMENT & PAY. This is a two (2) year pilot program which can be paused or eliminated by City Council at any time. The City Manager, with the 45 Resolution No. 2023-__
Adopted June 20, 2023
4 concurrence of the City Council in closed session consistent with current Department Head appointment procedures, may assign at their discretion a Department Head designee who is covered by the City’s Unrepresented Resolution to serve as Deputy City Manager over non-public safety services. Assignees will have up to a two (2) year assignment that can be revoked by the City Manager, with the concurrence of City Council in closed session, at any time. The assignment ending date must be specified upon the assignment and may be extended for longer than two (2) years only if the pilot program is also extended. Assignees will be required to continue to maintain a high level of job performance in their existing position and have capacity to take on this additional assignment.

46 Resolution No. 2023-__
Adopted June 20, 2023
5 Section 06. TECHNOLOGY/CELL PHONE EQUIPMENT. Subject to the written approval of the City Manager, the City shall provide Affected Employees with a City purchased and maintained cell phone, tablet, lap-top, personal computer, printer, remote access from home computer and all other related technology needed to successfully undertake their position, provided such equipment is available for use and/or has been budgeted for.

ARTICLE IV EDUCATION REIMBURSEMENT FOR DEPARTMENT HEADS ONLY

This Article IV shall apply to Department Head employees only.

A. Courses, degrees and certifications must relate to the Employee's position or be directly related to the employee's potential professional development with the City.

B. Pre-approval by the City Manager is required in advance of registering any the course of instruction.

Correspondence courses shall not be eligible. Reimbursement for course work taken at a non- accredited institution shall be subject to the sole discretion of the City Manager.

D. Employees shall only receive education reimbursement if they satisfactorily complete the approved course with a "pass" or grade of "C" or better.

47 Resolution No. 2023-__
Adopted June 20, 2023
6 Section 02. Reimbursement for books and registration fees shall be paid upon proof of payment by the Employee. Tuition costs shall be reimbursed following completion of the course and submittal of proof for the successful completion of the course as required by this Article. If the City requires the employee to withdraw from the course, the City shall reimburse the employee for the full cost of tuition. All payments shall be made as part of the regular City warrant.

ARTICLE V RETIREMENT BENEFITS

Section 03. Classic Safety Fire Employee Retirement Benefits. Except as otherwise provided in this Article, the City provides the 2.0 percent at 55 CalPERS Retirement Plan, with One-Year Final Compensation, including the 1959 Survivor's Benefit Level 3, for Classic Safety Fire Affected Employees. The City shall pay the Employer’s contribution. The employee shall pay the Employee’s contribution as established by CalPERS. As soon as practicable and approved by CalPERS, all Fire Safety Affected Employees will receive an increase to their base hourly rate of 7.5 percent in exchange for the Classic Safety Fire employees paying the full employee contribution along with employees governed by PEPRA.
48 Resolution No. 2023-__
Adopted June 20, 2023
7 Section 04. Classic Safety Police Employee Retirement Benefits. Except as otherwise provided in this Article, the City provides the CalPERS 3.0 percent at 50 Retirement Plan, with One-Year Final Compensation and Credit for Unused Sick Leave Government Code Sections 20042 and 20965 respectively, for Classic Safety Police Affected Employees. The Credit for Unused Sick Leave will be reduced by the number of hours converted to cash pursuant to Section 5 of Article IX. The following provisions apply to Affected Employees receiving Safety Police benefits:

A. The City shall continue to provide Level 4, Survivor Benefits through CalPERS.

B. The employee shall pay the Employee’s contribution as established by CalPERS.

49 Resolution No. 2023-__
Adopted June 20, 2023
8 Section 08. Sick Leave Conversion. The City provides Credit for Unused Sick Leave pursuant to Government Code Section 20965.

ARTICLE VI VACATION LEAVE FOR DEPARTMENT HEADS ONLY

This Article VI shall apply to Department Head employees only.

A. For the first five (5) years of service. Employees shall earn and be credited with Vacation Leave at the rate of 120.0 hours per year.

B. Commencing with the Sixth (6th) Year. Employees shall earn and be credited with Vacation Leave at the rate of 160.0 hours per year.

Section 03. HOLIDAY DURING VACATION. An Affected Employee is not charged Vacation Leave for a Holiday occurring during their Vacation Leave.

Section 05. CONVERSION OF UNUSED VACATION LEAVE TO CASH. Department Heads are allowed to cash-out of a maximum of forty (40) hours in January of each year as long as there remains 50 Resolution No. 2023-__
Adopted June 20, 2023
9 a minimum of eight (8) hours in employee’s vacation leave after cash-out. The Finance Department will send out a request form, in November of the preceding year, that includes written verification of each employee’s current Vacation Leave balance. To be entitled to cash-out Vacation Leave, Employees must make an irrevocable request for the upcoming calendar year to cash-out Vacation Leave by filling out and signing the form provided by the Finance Department. The form must be submitted to the Finance Department by the date provided on the form and in no event later than December 31st of each year for cash-out in January of the following year. Moreover, no request for conversion shall be granted unless first approved by the City Manager.

ARTICLE VII HOLIDAYS

The following are recognized as Holidays:

The first day of January, New Year's Day.

The third Monday in January, Martin Luther King's Birthday.

The third Monday in February, President's Day.

The last Monday in May, Memorial Day.

The nineteenth day of June, Juneteenth.

The fourth day of July, Independence Day.

The first Monday in September, Labor Day.
51 Resolution No. 2023-__
Adopted June 20, 2023
10 The second Monday in October, Columbus Day.

The eleventh day of November, Veteran's Day.

The fourth Thursday in November, Thanksgiving Day.

The fourth Friday in November, the day after Thanksgiving Day.

The twenty-fifth day of December, Christmas Day.

One floating Holiday shall be posted on the first pay period in July and one floating Holiday on the first pay period in January to the Holiday Leave balance.

Any date proclaimed by the Mayor of Suisun City as a Holiday.

Holidays proclaimed by the President of the United States or the Governor of the State of California shall be subject to review and are not automatically provided to Affected Employees.

ARTICLE VIII OTHER LEAVES

Section 01. FAMILY OR MEDICAL LEAVE. Rules regarding Family or Medical Leave are set forth in Section 10.2 of the Personnel Rules.

Section 02. PREGNANCY DISABILITY LEAVE. Rules regarding Pregnancy Disability Leave are set forth in Section 10.3 of the Personnel Rules.

52 Resolution No. 2023-__
Adopted June 20, 2023
11 Section 03. LEAVE OF ABSENCE DUE TO INJURY INCURRED WHILE ON DUTY.

A. The City shall comply with applicable federal and state laws governing work-related injuries, leaves and compensation.

B. Employees shall bring health and/or safety problems in the workplace to the attention of their supervisor as soon as possible.

C. The City shall coordinate accrued Sick Leave with Workers' Compensation benefits.

Section 04. BEREAVEMENT/COMPASSIONATE LEAVE. Rules regarding Bereavement/ Compassionate Leave are set forth in Section 10.5 of the Personnel Rules.

Section 05. CATASTROPHIC LEAVE-SHARING PROGRAM. Rules regarding the Catastrophic Leave-Sharing Program are set forth in Administrative Directive – AD 10.

Section 06. JURY DUTY. Rules regarding Jury Duty are set forth in Section 10.6 of the Personnel Rules.

Section 07. MILITARY LEAVE. Rules regarding Military Leave are set forth in Section 10.7 of the Personnel Rules.

Section 08. EXECUTIVE LEAVE FOR DEPARTMENT HEADS. Department Heads shall be granted one hundred twenty (120) hours of Executive Leave with pay each fiscal year (July 1 to June 30). Sixty (60) hours of Executive Leave will be allocated on a semi-annual basis on the following dates: January 1
st and July 1st. Employees hired during the fiscal year period shall have Executive Leave credited as a pro-rated amount pursuant to AD 7, Section 8.5. Department Heads may accumulate up to a maximum of one hundred sixty (160) hours of Executive Leave, wherein upon reaching maximum accumulation such accrual shall cease until the balance falls below the establish maximum accumulation.

The form must be submitted to the Finance Department by the date provided on the form, and in no event later than December 31st of each year for cash-out in January of the following year. Moreover, 53 Resolution No. 2023-__
Adopted June 20, 2023
12 no request for cash-out shall be granted unless first approved by the City Manager. City Manager may consider cash-out of additional unused leave accruals in extreme or emergency situations, but only following the same request procedure.

ARTICLE IX SICK LEAVE

Section 01. SICK LEAVE. Rules regarding Sick Leave are set forth in Section 10.1 of the Personnel Rules.

Time Period Employee Employee + One Employee + Family Effective 7/1/21 $813.64 $1,627.28 $2,115.46
Or the equivalent of the Kaiser Permanente Region 1 Premium, whichever is greater.

Section 03. RESTRICTIONS. An Affected Employee may either enroll in the Core Flex Plan or be entitled to the Flexible Benefit Options as described in Section 2 of this Article, but may not 54 Resolution No. 2023-__
Adopted June 20, 2023
13 participate in both, with the exception of the Voluntary Pre-Tax Payroll Deduction Flexible Spending Account.

ARTICLE XI WORKERS' COMPENSATION COVERAGE

Section 01. The City shall provide Workers' Compensation Insurance coverage (hereinafter "Workers' Comp") for all Affected Employees through its self-insured program.

ARTICLE XII STATE DISABILITY INSURANCE COVERAGE

Section 01. STATE DISABILITY INSURANCE. The City shall participate in the State Disability Insurance Program (hereinafter "SDI").

Section 02. PAYMENT OF SDI PREMIUMS. SDI premiums shall be paid in full by the City on behalf of all participating Affected Employees.

ARTICLE XIII LIFE INSURANCE AND DEFERRED COMPENSATION FOR DEPARTMENT HEADS

ARTICLE XIV UNIFORMS AND UNIFORM ALLOWANCES FOR PUBLIC SAFETY DEPARTMENT HEADS

55 Resolution No. 2023-__
Adopted June 20, 2023
14 This Article XIV shall apply to Public Safety Department Heads only.

Section 01. UNIFORM ALLOWANCES. The City shall annually pay Affected Employees required to wear uniforms in the performance of their duties a Uniform Allowance as follows:

Police Chief: $1,300 annually
Fire Chief: $1,300 annually

Section 02. Uniform allowance will be paid on the regular paychecks on a pro-rata basis, equally divided across each of the twenty-six (26) pay periods/paychecks.

ARTICLE XV SEVERANCE

ARTICLE XVI ELECTIONS

END

56 AGENDA ITEM NO. 9

AGENDA TRANSMITTAL

MEETING DATE:

June 20, 2023

CITY AGENDA ITEM:

Council Adoption of Resolution No. 2023 - ___: Authorizing the City Manager to Enter into a Lease Agreement on the City’s Behalf with Caltronics Business Systems for the Citywide Multi-Function Copier Leasing and Maintenance Contract.

FISCAL IMPACT:

The City currently has a contract with Caltronics Business Systems (Caltronics) for thirteen (13) multi-function copiers City-wide. This contract expires at the end of July 2023. Staff is proposing that the City enter into a new contract with Caltronics for the amount of $3,030.86 plus tax per month. The annual cost for the lease contract is $39,416.33 (including tax) plus the per page copy fees of $0.045-$0.06 color and $0.016-$0.0075 black and white. The new contract will include upgraded copiers and services. The monthly cost is distributed, based on the actual usage, to all impacted departments.

STRATEGIC PLAN:

Provide Good Governance. Ensure Fiscal Solvency.

BACKGROUND:

In 2020, the City entered a three-year lease contract with one three-year lease extension with Caltronics Business Systems for multifunction copiers and printer management system.

The City used a cooperative purchasing contract for this lease. Caltronics is under the National Association of State Procurement Officials (NASPO) cooperative agreement.

STAFF REPORT:

The current copier contract is set to expire at the end of July 2023 and staff is satisfied with Caltronics Business Systems (Caltronics) and the provided copier models. The current monthly cost for the eight (8) copiers is $1,964.53 plus tax. The new Caltronics contract will be for thirteen (13) copiers. This is an increase of five (5) copiers as two departments have added copiers to the existing fleet. The City will receive new updated models of the existing current copiers and will also receive one (1) upgraded model for the Recreation, Parks, and Marina (RPM) Department as their needs have increased.

This new Citywide contract includes the Police Department, Fire Department, RPM Department, the Corporation Yard, and City Hall. The Fire Department has a separate contract for their main copier for a current yearly cost of $3,000.00. This contract expires in December 2023 and upon expiration of that contract, Fire will be added to this new contract to keep all the copiers on the same replacement schedule and contract. Caltronics’ proposal includes maintenance and all the consumables (toner, print drums, etc.) for the copiers.

Staff recommends that the Council authorize the City Manager to execute a three-year copier lease agreement with Caltronics Business Systems for $3,030.86 plus tax per month. Staff further recommends that the City Manager be authorized to extend this contract services agreement for up to three (3) one-year extensions with an annual contract value adjustment increase not to exceed an annual 3% cost of living increase at the discretion of the City Manager.

STAFF RECOMMENDATION:

It is recommended that the City Council adopt Resolution No. 2023- 57 ___:

Authorizing the City Manager to Enter into a Lease Agreement on the City’s Behalf with Caltronics Business Systems for the Citywide Multi-Function Copier Leasing and Maintenance Contract.

DOCUMENTS ATTACHED:
1 .

Resolution No. 2023-___: Authorizing the City Manager to Enter into a Lease Agreement on the City’s Behalf with Caltronics Business Systems for the Citywide Multi-Function Copier Leasing and Maintenance Contract.
2 .

Caltronics Proposal.
3 .

Caltronics Lease and Maintenance Agreement.

PREPARED BY:

Amanda Dum, Management Analyst II
REVIEWED BY:

Nouae Vue, Public Works Director
APPROVED BY:

Greg Folsom, City Manager

ATTACHMENTS:
1 Resolution to Enter into a Lease Agreement on the City's Behalf with Caltronics Business Systems.pdf 2 Caltronics Proposal.pdf
3 Caltronics Lease and Maintenance Agreement.pdf
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28 RESOLUTION NO. 2023 - ____

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

AUTHORIZING THE CITY MANAGER TO ENTER INTO A LEASE AGREEMENT ON THE CITY’S BEHALF WITH CALTRONICS BUSINESS SYSTEMS FOR THE

CITYWIDE MULTI-FUNCTION COPIER LEASING AND MAINTENANCE

CONTRACT

WHEREAS, the City of Suisun City is in a current lease agreement for copier equipment and accompanying software for City Hall, Police Department, Recreation Department and Corporation Yard; and

WHEREAS, the National Association of State Procurement Officers (NASPO) has solicited bids for such equipment to help achieve the cost-effective and efficient acquisition of quality products and services to all governmental agencies; and

WHEREAS, the City of Suisun City has a current NASPO lease contract with Caltronics Business Systems for multifunction copiers and maintenance which expires in July 31, 2023; and

WHEREAS, Staff recommends that the City renews our lease contract with Caltronics Business Systems which includes maintenance and all consumables for the copiers (toner, print drums, etc.); 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 lease agreement with Caltronics Business Systems for Citywide multifunction copiers for $3,030.86 plus tax per month for a total annual cost of $39,416.33; and • Authorize the City Manager be authorized to extend this contract services agreement for up to three (3) one-year extensions with an annual contract value adjustment increase not to exceed an annual 3% cost of living increase at the discretion of the City Manager.

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 June 2023, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

WITNESS my hand and the seal of the City of Suisun City this 20th day of June 2023.

Anita Skinner
City Clerk
59 GTJ!.!i!.t'l.\rui PROPOSAL PREPARED FOR:

CITY OF SUISUN CITY
A FLEICTEOWOLOGY GROUP Company
ID# SERIAL# ACCESSORIES LOCATION ADDRESS LEASE EXP LEASE$ PROPOSED LEASE$ 128552 AA7N011000779 PC-416, LU-302, Finish, Hole Punch, Fax, WT, #Pad City Hall Mailroom 701 Civic Center Blvd 8/1/2023 $ 458.02 KM C650i $ 503.02 128553 AA2J011013609 PC-216, Finish, Fax, WT, #Pad City Hall Finance 701 Civic Center Blvd 8/1/2023 $ 300.53 KM C360i $ 330.52 128554 AA2J011013611 PC-216, Finish, Fax, WT, #Pad City Hall Housing 701 Civic Center Blvd 8/1/2023 $ 300.53 KM C360i $ 330.52 128555 AA2K011009978 Cabinet, Finish, Fax, WT, #Pad Police Squad Room 701 Civic Center Blvd 8/1/2023 $ 224.36 KM C300i $ 248.46 128556 AA6U011022449 PC-215, LU-302, Finish, Fax, WT, #Pad Police Dispatch 701 Civic Center Blvd 8/1/2023 $ 242.50 KM 450i $ 267.45 128557 A93E011007945 PF-P21, Cabinet, Finish, WT, #Pad Police Sgt Office 701 Civic Center Blvd 8/1/2023 $ 89.03 KM C3350i $ 99.93 136896 A93E011207290 None PD Sgt 701 Civic Center Blvd 8/1/2023 $ 162.10 KM C3350i $ 178.20 128559 A93E011007955 PF-P21, Cabinet, Finish, WT, #Pad Corp Yard 4555 Peterson Rd 8/1/2023 $ 89.03 KM C3350i $ 99.93 128558 AA2K011010035 PC-216, Finish, Hole Punch, WT, #Pad Recreation 611 Village Dr 8/1/2023 $ 250.00 KM C360i $ 342.52 144697 A93E011209110 None FD Fire Prevention Office 621 Pintail Dr 8/1/2023 $ 232.53 KM C3350i $ 99.93 144698 A93E011209152 None FD Battalion Chiefs/Captains Office 621 Pintail Dr 8/1/2023 $ 232.53 KM C3350i $ 99.93 144699 A93E011209171 None PD Admin Office 701 Civic Center Blvd 8/1/2023 $ 232.53 KM C3350i $ 99.93 36M $ 2,813.69 36M $ 2,700.34
•... •11]1.1"
PC-216, Finisher, Fax, WT, #Pad Ci 701 Civic Center Blvd $ 36M $ 330.52
NOTES:
* PRICING VALID FOR 90 DAYS*
* PIGGYBACKED OFF OF NASPO CONTRACT #140597
* RECREATION: Upgraded from 30 PPM to 36 PPM + added an extra paper tray * Includes FREE delivery, installation, training (pricing does not include sales tax) * Eliminates current KM lease+ maintenance when new equipment installed; Caltronics will pick up for lease return at no additional cost MAINTENANCE:
* KM C650i: $ 0.0068 BW, $ 0.045 C
* KM C360i: $ 0.0075 BW, $ 0.050 C
* KM C300i: $ 0.0078 BW, $ 0.050 C
* KM 450i: $ 0.0072 BW
* KM C3350i: $ 0.016 B&W, $ 0.06 Color
* Includes ALL parts, labor, supplies, service calls
* Based on usage; no minimum or maximum copies required 60 Customer Ship To: Customer Bill To:

Name
Address
City
State
Sales Rep: Phone: Email:

Date Required:

Lease Return Lease Company Lease #
Make Model Serial # See Schedule B for Additional Equipment Price Sales Tax Total Due PO #
Payment Amount (plus tax) Freq. Mthly Qtrly Other Term: Buy Out:

Federal Tax ID# (Required) Social Security Number
Signature Print Name Title Date
Accepted by Caltronics
Signature Print Name Title Date
Customer has read, understands and agrees to the Terms and Conditions as stated. This agreement is non-cancelable.

FMV $ 1
Authorization To Release Credit : The undersigned authorizes and instructs any person, consumer reporting agency or banking institution to compile and furnish the above named business, credit grantor and/or supplier and/or their respective designee with any information it may have in response to an inquiry from the above name business, credit grantor and/or supplier and/or their respective designees. The undersigned further states that all of the above statements are true and complete and are made to the above name business, credit grantor and/or supplier and/or their respective designees to obtain a contract. All information is confidential.

Customer Authorization
Purchase
Lease
Notes:

Delivery Details
New Remfg Preconfig Description
IT
Delivery
Meter
FM Audit
Equipment Ordered
Qty Make Model
Contact Information
Name Phone Email Address
Primary
Delivery Location: Stairs Elevator Requires Certificate of Insurance for Delivery/Training Service: Yes No Zip
Name
Address
City
State Zip
Equipment Pick Up: Trade In Storage Disposal Other Payment Terms
Net New Current Customer
Email Invoice
rev.12/13/21
COD Credit Card Term Net 30
Authorization / Acceptance
See Schedule A for Additional Equipment
Order Form
61 rev.12/13/21
62 Qty Make Model Description
Ship To Address City State Zip
Primary Contact Phone Email
Qty Make Model Description
Ship To Address City State Zip
Primary Contact Phone Email
Qty Make Model Description
Ship To Address City State Zip
Primary Contact Phone Email
Qty Make Model Description
Ship To Address City State Zip
Primary Contact Phone Email
Qty Make Model Description
Ship To Address City State Zip
Primary Contact Phone Email
Qty Make Model Description
Ship To Address City State Zip
Primary Contact Phone Email
Qty Make Model Description
Ship To Address City State Zip
Primary Contact Phone Email
Qty Make Model Description
Ship To Address City State Zip
Primary Contact Phone Email
Qty Make Model Description
Ship To Address City State Zip
Primary Contact Phone Email
Qty Make Model Description
Ship To Address City State Zip
Primary Contact Phone Email
Customer Bill To:

Address
City
State Zip
rev.12/13/21
Schedule A
P. 1 of 2
63 Qty Make Model Description
Ship To Address City State Zip
Primary Contact Phone Email
Qty Make Model Description
Ship To Address City State Zip
Primary Contact Phone Email
Qty Make Model Description
Ship To Address City State Zip
Primary Contact Phone Email
Qty Make Model Description
Ship To Address City State Zip
Primary Contact Phone Email
Qty Make Model Description
Ship To Address City State Zip
Primary Contact Phone Email
Qty Make Model Description
Ship To Address City State Zip
Primary Contact Phone Email
Qty Make Model Description
Ship To Address City State Zip
Primary Contact Phone Email
Qty Make Model Description
Ship To Address City State Zip
Primary Contact Phone Email
Qty Make Model Description
Ship To Address City State Zip
Primary Contact Phone Email
Qty Make Model Description
Ship To Address City State Zip
Primary Contact Phone Email
Signature Print Name Title Date
Customer Authorization
Customer Bill To:

Address
City
State Zip
rev.12/13/21
Schedule A
P. 2 of 2 - Authorization / Acceptance
City of Suisun City
701 Civic Center Blvd
Suisun City
CA
94585
1 Konica Minolta
C3350i
PC-216, Finisher, Hole Punch, WT, #Pad
621 Pintail Dr (FD Fire Prevention Office)
Suisun City
CA
94585
Gemma Geluz
(707) 421-7340
[email protected]
1 Konica Minolta
C3350i
621 Pintail Dr (FD Battalion Chiefs/Captains Office)
Suisun City
CA
94585
Gemma Geluz
(707) 421-7340
[email protected]
1 Konica Minolta
C360i
611 Village Dr (Recreation)
Suisun City
CA
94585
Gemma Geluz
(707) 421-7340
[email protected]
64 Lease Return Trade In Storage Disposal Lease Company Lease # Make Model Serial Number
Address City State Zip
Primary Contact Phone Email
Lease Return Trade In Storage Disposal Lease Company Lease # Make Model Serial Number
Address City State Zip
Primary Contact Phone Email
Lease Return Trade In Storage Disposal Lease Company Lease # Make Model Serial Number
Address City State Zip
Primary Contact Phone Email
Lease Return Trade In Storage Disposal Lease Company Lease # Make Model Serial Number
Address City State Zip
Primary Contact Phone Email
Lease Return Trade In Storage Disposal Lease Company Lease # Make Model Serial Number
Address City State Zip
Primary Contact Phone Email
Lease Return Trade In Storage Disposal Lease Company Lease # Make Model Serial Number
Address City State Zip
Primary Contact Phone Email
Lease Return Trade In Storage Disposal Lease Company Lease # Make Model Serial Number
Address City State Zip
Primary Contact Phone Email
Lease Return Trade In Storage Disposal Lease Company Lease # Make Model Serial Number
Address City State Zip
Primary Contact Phone Email
Customer Bill To:

Address
City
State Zip
rev.12/13/21
Schedule B - Lease Returns / Equipment Pick Up
P. 1 of 2
65 Lease Return Trade In Storage Disposal Lease Company Lease # Make Model Serial Number
Address City State Zip
Primary Contact Phone Email
Lease Return Trade In Storage Disposal Lease Company Lease # Make Model Serial Number
Address City State Zip
Primary Contact Phone Email
Lease Return Trade In Storage Disposal Lease Company Lease # Make Model Serial Number
Address City State Zip
Primary Contact Phone Email
Lease Return Trade In Storage Disposal Lease Company Lease # Make Model Serial Number
Address City State Zip
Primary Contact Phone Email
Lease Return Trade In Storage Disposal Lease Company Lease # Make Model Serial Number
Address City State Zip
Primary Contact Phone Email
Lease Return Trade In Storage Disposal Lease Company Lease # Make Model Serial Number
Address City State Zip
Primary Contact Phone Email
Lease Return Trade In Storage Disposal Lease Company Lease # Make Model Serial Number
Address City State Zip
Primary Contact Phone Email
Lease Return Trade In Storage Disposal Lease Company Lease # Make Model Serial Number
Address City State Zip
Primary Contact Phone Email
Signature Print Name Title Date
Customer Bill To:

Address
City
State Zip
Customer Authorization
rev.12/13/21
Schedule B - Lease Returns / Equipment Pick Up
P. 2 of 2 - Authorization / Acceptance
In House Leasing
A93E011007955
Suisun City
CA
94585
[email protected]
C3350i
4555 Peterson Rd (Corp Yard)
(707) 421-7340
Konica Minolta
Gemma Geluz
✔
City of Suisun City
701 Civic Center Blvd
Suisun City
94585
CA
In House Leasing
A93E011209110
Suisun City
CA
94585
[email protected]
C3350i
621 Pintail Dr (FD Fire Prevention Office)
(707) 421-7340
Konica Minolta
Gemma Geluz
✔
In House Leasing
A93E011209152
Suisun City
CA
94585
[email protected]
C3350i
621 Pintail Dr (FD Battalion Chiefs/Captains Office)
(707) 421-7340
Konica Minolta
Gemma Geluz
✔
In House Leasing
AA2K011010035
Suisun City
CA
94585
[email protected]
C300i
611 Village Dr (Recreation)
(707) 421-7340
Konica Minolta
Gemma Geluz
✔
66 Primary Contact Meter Contact
Name: Name:

Phone: Phone:

Email: Email:
to
► This agreement assures that the equipment will be serviced by factory trained field technicians and includes all service, parts and supplies. ► Parts and Supplies - Caltronics uses only OEM and top quality supplies to service and supply your system.
► Free Loaner - Caltronics will provide a free loaner of equal or greater capability in the event that it cannot be repaired onsite. ► Call Ahead Program - A technician will call you within two business hours of receiving your service request. If the issue cannot be resolved by phone, you will be given an estimated time of arrival.

Signature Print Name Title Date
Accepted by Caltronics
Signature Print Name Title Date
Caltronics Guarantee
Pricing does not include paper, staples, applicable taxes and freight charges.

Power requirements may include a dedicated line and receptacle as described on the Site Requirements Form.

Customer Authorization
Charge
Per Copy Rate Contracted Usage Base
ID # Model Serial Number Color B/W Color B/W
Billing Cycle Base AllowanceStart Date:

Quarterly Annual Monthly
Installed Location: Customer Bill To:

Name
Address
City
State Zip
Name
Address
City
State Zip
Billing Cycle Usage
Quarterly Annual Monthly
rev.12/13/21
Authorization / Acceptance
Prestige Maintenance Agreement
67 Customer Bill To:

Address
City
State Zip

1. Description: This managed service contract will cover all unscheduled repairs upon request by customer during the hours of 8:00 AM to 5:00 PM., Monday thru Friday, on the equipment listed herein. Service outside of Caltronics normal working hours shall be provided on an “if available” basis and customer shall pay Caltronics it’s “after hours rate” then in effect.

2. Commencement: This is an annual contract, billed monthly, quarterly or annually in advance. The contract will commence upon delivery to customer. This contract qualifies for automatic renewal after 12 months from the contract start date, unless written notification of intent to cancel is received 30 days prior to the renewal date. See section 9 for cancellation details.

3. Charges: The minimum monthly payment and all other sums are due and payable to Caltronics. In return for payment, customer is entitled to produce copies and prints up to the allowance listed on the contract. Any copies or prints produced in excess of the allowance will be billed at the rate listed on the contract. The minimum monthly payment and excess copy rates are subject to an automatic annual increase. Supplies will be allocated based on manufacturer’s specified yields. We reserve the right to charge customers for excess supply usage. Loaner machines will be charged at the customer’s current per copy rate. Per copy charges based on single sided sheet of paper up to 8 1/2 x 14. Per copy/print charges for all Wide Format devices are based on a per square foot measurement on single sided sheet of paper.

4. The sales tax included on your contract invoice corresponds to the use of tangible personal property which includes toner usage.

Customer agrees to pay sales tax as required by the California Department of Fee and Tax Administration.

5. Meters: Customer is responsible for providing Caltronics a meter reading on all equipment under contract on the billing date. If customer fails to provide an accurate meter reading, customer agrees to accept estimated meters based on service history for billing purposes. Caltronics may enable machines to automatically report meters and machine related information to better service our customers. It is the responsibility of the customer to ensure that the correct settings and/or defaults are set in the machine, print driver or applications when it relates to color copies/prints. Customers will be responsible for copies/prints produced based solely on the color (if applicable) and b/w meter readings as indicated by the machine.

6. Relocation: It is strongly recommended that our personnel prepare equipment prior to a move and reinstall equipment immediately following a move. Labor will be charged at our current hourly rates. If relocation is effected by the customer, Caltronics reserves the right to examine the machine at the new site. If repairs are required Caltronics will submit a quote for the repairs. If charges are approved by the customer, Service Contract will resume at the new site (after repairs). If not accepted by the customer, the Service Contract will be canceled effective immediately with not further obligation to either party.

7. Assignment: This agreement is non-transferable, non-assignable, non-refundable, and becomes void upon sale or transfer of the equipment. Caltronics may apply any unused portion of maintenance charges towards future purchases with Caltronics at its sole discretion.

8. Breach or Default: Caltronics may withhold service or terminate this agreement if the Customer fails to comply with any of the items and conditions of this agreement, or acquires a past due balance for services rendered and/or products sold of more than 30 days from date of invoice. Customer agrees to pay reasonable attorney fees and legal expenses incurred in exercising any of its rights and remedies upon breach of agreement. Caltronics reserves the right to terminate this agreement if the machine becomes obsolete and parts and/or supplies become unavailable. Service by anyone other than Caltronics, or use of parts or supplies from anyone other than Caltronics will void this agreement.

9. Cancellation: In the event of cancellation by the customer prior to the expiration date, Caltronics will bill and customer will be obligated to pay early termination charges equaling at least 50% of the remaining contract term based on the average dollar amount of the last 6 months of billing.

10.Items not included: A)Freight charges on toner B) relocation of equipment, C) coverage for non-OEM peripherals, D) 3rd party “compliance” firms hired by customer, E) damage caused by misuse or neglect, theft, vandalism, environmental conditions beyond manufacturers recommendation, power related issues, fire, water. Caltronics will not be responsible for direct, incidental, or consequential damages, including but not limited to damages arising out of the use of or performance of software, equipment, or any economic loss. Free loaner program does not apply to wide format products.

11.Issues caused by customers computer hardware/software, including applications, are not covered under this agreement. Any changes, modifications, or upgrades to customers network, including applications and operating systems necessitating a call from a technician are not covered by this agreement and will be billed at our current hourly rate.

12.The terms of this agreement may not be altered or amended unless authorized in writing by an officer of Caltronics. All other agreements or commitments for service and supplies are rendered invalid with the approval of this agreement. This agreement shall be governed by the laws of the state of California.

Signature Print Name Title Date
Accepted by Caltronics Business Systems
Signature Print Name Title Date
Customer Authorization
rev.12/13/21
Authorization / Acceptance
Prestige Maintenance Agreement - Terms & Conditions
68 Primary Contact:

Name Phone Email
Signature Print Name Title Date
Accepted by Caltronics Business Systems
Signature Print Name Title Date
Caltronics assumes no liability for the condition of the returned machine(s) and will not pay any charges associated with the repair or replacement of broken, damaged or missing parts. Caltronics assumes no liability for the overall condition of the returned equipment. Caltronics’ only obligation is to return the equipment "as is" to the owner and make the remaining payments as specified above.

It is the customer's responsibility to provide Caltronics with the return shipping instructions from their lease company. The customer will be responsible for any extra payments required due to lack of shipping instructions. Should the actual Total Months Stored exceed those indicated above, additional storage fees may apply.

Customer Authorization
Make Model Serial Number Accessories
Lease Return / Storage Agreement
Lease Return: Caltronics agrees to return the copier(s) listed below to the location designated by the owner of the equipment. Caltronics agrees to pay the associated shipping costs. Caltronics agrees to satisfy the remaining payments on the lease in an amount not to exceed that which is listed below under the Maximum Payment Amount .

Storage: Caltronics Business Systems agrees to store the copier(s) listed below until they are scheduled for return to the designated lease company. The customer is responsible for maintaining appropriate insurance on the copier(s) until returned to the lease company.

Lease
Expiration
Date
Customer Bill To:

Address
City
State Zip
Maximum
Payment
Amount
Total
Months
Stored
rev.12/13/21
Authorization / Acceptance
Lease Return / Storage Agreement
69 120 Volts at 15 Amps
120 Volts at 20 Amps
Recommended Dedicated Circuit; Recommended Isolated GROUND REQUIRED Dedicated Circuit; Recommended Isolated GROUND •750i
•754
•754E
•758
•808
•C452
•C454
•C454E*
(3b)
•C552

5-20R
5-15R

The use of any adapter or extension cord is strictly prohibited and may void your warranty or service agreement.

Required:

Approx. 0 - 0.5 Volts
between Neutral &
Ground connection.

120VAC +/- 5%
Required:

Approx. 0 - 0.5 Volts
between Neutral &
Ground connection.

120VAC +/- 5%
Color
Black & White Color
•C658
*(5b)
•C659
•C750i
•C754
•C754E
•C759
•C552DS
•C554
•C554E
•C652
•C652DS
•C654
•C654E
Black & White
•454
•454E*(1b)
•552
•554
•554E*(2b)
•652
•654
(See Bulletin# 14-GB-075) = *(1a) S/N A61E011006980 & LATER *(2a) S/N A61D011004723 & LATER *(3a) S/N A5C0011014199 & LATER || (See Bulletin# 17-GB-036) = *(5a) S/N Prefix of A79J013 *(1b) S/N A61E011006979 & EARLIER *(2b) S/N A61D011004722 & EARLIER *(3b) S/N A5C0011014198 & EARLIER (See Bulletin# 14-GB-075) || (See Bulletin# 17-GB-036) = *(5b) S/N Prefix of A79J011 •5000
KIP
•IRA C5550i
•IRA C5560i
•IRA C5750i
•IRA C5870i
•IRA C7565i
•IRA C7570i
•IRA C7765i
•IRA 6555i
•IRA 6565i
•IRA 6575i
•IRA 8505i
•IRA 8585i
•IRA 8595i
B&W Color
•IRA C7580i
•IRA C7780i
•iPress C710
•iPress C810
•iPress C910

B&W Color
220 Volts at 20 Amps
6-20R
Required:

Approx. 220 Volts AC
+/- 5% between each
Hot & Ground.

208V-240V, 60Hz
REQUIRED Dedicated Circuit; Recommended Isolated GROUND •C5501
•C6501
•C65hc

•951
•958
•1100
•1051
•1052
•1200
•1200P
•1250
•1250P
•2250P
•6120
•6136
Required:

Approx. 220 Volts AC
+/- 5% between each
Hot & Ground.

208V-240V +/-10%, 60Hz
•C70cf
•C70hc
•C1060
•C1060L
•C1070
•C1085
•C1100
•C2060
Color B&W B&W Color
•C2070
•C3070
•C3080
•C6000
•C6085
•C6100
•C7000
•C8000
220 Volts at 30 Amps
REQUIRED Dedicated Circuit; Recommended Isolated GROUND L6-30R
•80
•850
•860
•870
•880*(4)
•890*(4)
•7000

KIP
•7700
•7770
•7900
•7970
•9000
•9900
•C7800
*(4) KIP Scanner Requires additional 110v 15amps outlet • 345
• 365
• 450
• 550
PlotWave
• 3500
• 3700
ColorWave
This form explains the specific A/C power requirements of the equipment we offer. It is the customer’s responsibility to be sure that the installation site has the required power line and receptacle types before any of these models are installed. Our installation or service technicians are not allowed to alter the power cord, the outlet, or deviate from the below requirements.

REVISION 6B POWER REQUIREMENTS BY MODEL
IF YOU HAVE READ THE ABOVE CONDITIONS & AGREE TO THE TERMS, PLEASE SIGN HERE: X ____________________________ SIGNATURE 70
AGENDA ITEM NO. 10

AGENDA TRANSMITTAL

MEETING DATE:

June 20, 2023

CITY AGENDA ITEM:

Council Adoption of Resolution No. 2023-__: Authorizing the City Manager to Request that the Metropolitan Transportation Commission Allocate Fiscal Year 2023-2024 Transportation Development Act Article 3 Pedestrian/Bicycle Project Funding to the City for the Driftwood Drive Path Gap Closure Project.

FISCAL IMPACT:

There would be no impact to the General Fund. The Solano Transportation Authority (STA) will be recommending to the Metropolitan Transportation Commission (MTC) the allocation of $307,000 in Transportation Development Act (TDA) Article 3 funds to the City for the Driftwood Drive Path Gap Closure Project.

STRATEGIC PLAN:

Provide Good Governance, Ensure Public Safety, and Enhance the Environment.

BACKGROUND:

Transportation Development Act (TDA) funds are generated from a 1/4 cent tax on retail sales throughout California. An amount equal to two percent of the TDA funding generated, called TDA Article 3, is returned to each county from which it was generated for bicycle and pedestrian projects. STA works with MTC to administer the TDA funds.

STAFF REPORT:

The Driftwood Drive Path Gap Closure Project (Project) has been recommended by STA for TDA Article 3 funding, and STA will need to submit a countywide claim to MTC that is comprised of each project sponsor’s resolutions (attached to this staff report). In order to receive the TDA funds, the City must submit a formal request and application (Attachment B) along with the resolution associated with this staff report, as well as approve the statements in (Attachment A), Findings.

On May 10, 2023, the STA Board approved $307,000 in TDA Article 3 for the Project. On that same day, STA also approved a $100,000 Transportation Fund for Clean Air (TFCA) allocation for the Project.

The Project will fill in the gap in the Driftwood Drive Path. It will consist of 10-foot wide concrete pedestrian/bicycle facility along the south side of Driftwood Drive from the Marina Boulevard/Driftwood Drive intersection to approximately 210 feet east by extending the curb out to the paved street; crosswalk striping and curb ramp upgrades at the Marina Boulevard/Driftwood Drive intersection; storm drainage improvements that include catch basins, underground pipe, and re-paving for surface drainage purpose; striping; and roadway signage.

STAFF RECOMMENDATION:

It is recommended that the City Council adopt Resolution No. 2023- ___: Authorizing the City Manager to Request that the Metropolitan Transportation Commission Allocate Fiscal Year 2023-2024. Transportation Development Act Article 3 Pedestrian/Bicycle Project Funding to the City for the Driftwood Drive Path Gap Closure Project.

71 DOCUMENTS ATTACHED:
1 .

Resolution No. 2023-__: Authorizing the City Manager to Request that the Metropolitan Transportation Commission Allocate Fiscal Year 2023-2024 Transportation Development Act Article 3 Pedestrian/Bicycle Project Funding to the City for the Driftwood Drive Path Gap Closure Project.
2 .

Project Location Map.

PREPARED BY:

Amanda Dum, Management Analyst II
REVIEWED BY:

Nouae Vue, Public Works Director
APPROVED BY:

Greg Folsom, City Manager

ATTACHMENTS:
1 Resolution to Request the Metropolitan Transportation Commission Allocate Project Funding.pdf 2 Project Location Map.pdf
72 1
2 3
4 5
6 7
8 9
10 11
12 13
14 15
16 17
18 19
20 21
22 23
24 25
26 27
28 RESOLUTION NO. 2023 -__

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

AUTHORIZING THE CITY MANAGER TO REQUEST THAT THE

METROPOLITAN TRANSPORTATION COMMISSION ALLOCATE FISCAL
YEAR 2023-2024 TRANSPORTATION DEVELOPMENT ACT ARTICLE 3

PEDESTRIAN/BICYCLE PROJECT FUNDING TO THE CITY FOR THE

DRIFTWOOD DRIVE GAP CLOSURE PROJECT

WHEREAS, Article 3 of the Transportation Development Act (TDA), Public Utilities Code (PUC) Section 99200 et seq., authorizes the submission of claims to a regional transportation planning agency for the funding of projects exclusively for the benefit and/or use of pedestrians and bicyclists; and
WHEREAS, the Metropolitan Transportation Commission (MTC), as the regional transportation planning agency for the San Francisco Bay region, has adopted MTC Resolution No.4108, entitled “Transportation Development Act, Article 3, Pedestrian and Bicycle Projects,” which delineates procedures and criteria for submission of reques ts for the allocation of “TDA Article 3” funding; and
WHEREAS, MTC Resolution No. 4108 requires that requests for the allocation of TDA Article 3 funding be submitted as part of a single, countywide coordinated claim from each county in the San Francisco Bay region; and
WHEREAS, the City of Suisun City desires to submit a request to MTC for the allocation of TDA Article 3 funds to support the projects described in Attachment B to this resolution, which are for the exclusive benefit and/or use of pedestrians and/or bicyclists.

NOW, THERFORE, BE IT FURTHER RESOLVED that the City Council of City of Suisun City hereby declares that it is eligible to request an allocation of TDA Article 3 funds pursuant to Section 99234 of the Public Utilities Code, and furthermore, that there is no pending or threatened litigation that might adversely affect the project or projects described in Attachment B to this Resolution, or that might impair the ability of the City of Suisun City to carry out the project; and furthermore, that the project has been reviewed by the countywide Bicycle Advisory Committee and has been approved by MTC to use the countywide BAC and the countywide BAC provides for expanded representation of the City of Suisun City and the designated representative is familiar with the bicycle and pedestrian needs of the City of Suisun City and furthermore, that the City of Suisun City attests to the accuracy of and approves the statements in Attachment A to this Resolution; and furthermore, that a certified copy of this Resolution and its attachments, and any accompanying supporting materials shall be forwarded to the congestion management agency, countywide transportation planning agency, or county association of governments, as the case may be, of Solano County for submission to MTC as part of the countywide coordinated TDA Article 3 claim.

73 Resolution No. 2023-
Adopted

Page 2 of 5 ends

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19 20
21 22
23 24
25 26
27 28

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Suisun City held on Tuesday the 20th day of June 2023, 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 June 2023.

_____________________________
Anita Skinner
City Clerk
74 Resolution No. 2023-
Adopted

Page 3 of 5 ends

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Attachment A

Findings

1. That the City of Suisun City is not legally impeded from submitting a request to the Metropolitan Transportation Commission for the allocation of Transportation Development Act (TDA) Article 3 funds, nor is the City of Suisun City legally impeded from unde rtaking the project(s) described in “Attachment B” of this resolution.

2. That the City of Suisun City has committed adequate staffing resources to complete the project(s) described in Attachment B.

3. A review of the project(s) described in Attachment B has resulted in the consideration of all pertinent matters, including those related to environmental and right -of-way permits and clearances, attendant to the successful completion of the project(s).

4. Issues attendant to securing environmental and rig ht-of-way permits and clearances for the projects described in Attachment B have been reviewed and will be concluded in a manner and on a schedule that will not jeopardize the deadline for the use of the TDA funds being requested.

5. That the project(s) described in Attachment B comply with the requirements of the California Environmental Quality Act (CEQA, Public Resources Code Sections 21000 et seq.).

6. That as portrayed in the budgetary description(s) of the project(s) in Attachment B, the sources of funding other than TDA are assured and adequate for completion of the project(s).

7. That the project(s) described in Attachment B are for capital construction and/or design engineering; and/or for the maintenance of a Class I bikeway which is closed to motorized traffic; and/or for the purposes of restriping Class II bicycle lanes; and/or for the development or support of a bicycle safety education program; and/or for the development of a comprehensive bicycle and/or pedestrian facilities plan, and an allocation of TDA Article 3 funding for such a plan has not been received by the City of Suisun City within the prior five fiscal years.

8. That the project(s) described in Attachment B is included in a locally approved bicycle, pedestrian, transit, multimodal, complete streets, or other relevant plan.

9. That any project described in Attachment B that is a bikeway meets the mandatory minimum safety design criteria published in Chapter 1000 of the California Highway Design Manual.

10. That the project(s) described in Attachment B will be completed before t he funds expire.

11. That the City of Suisun City agrees to maintain, or provide for the maintenance of, the project(s) and facilities described in Attachment B, for the benefit of and use by the public.

75 Resolution No. 2023-
Adopted

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Attachment B

TDA Article 3 Project Application Form

1. Agency City of Suisun City

2. Primary Contact Nick Lozano, Sr. Associate Engineer

3. Mailing Address 701 Civic Center Boulevard

4. Email Address [email protected] 5. Phone Number (707) 580-069

6. Secondary Contact Nouae Vue, Public Works Director

7. Mailing address 701 Civic Center Boulevard

8. Email Address [email protected] 9. Phone Number (707) 421-7316

10. Send allocation
instructions to
701 Civic Center Boulevard

11. Project Title Driftwood Drive Path Gap Closure Project

12. Amount requested $307,000 13. Fiscal Year of
Claim
2023-2024

14. Description of Overall Project:

15. Project Scope Proposed for Funding: (Project level environmental, preliminary planning, and ROW are ineligible uses of TDA funds.)

16. Project Location: A map of the project location is attached or a link to a online map of the project location is provided below:

This project will fill in the gap in the Driftwood Drive Path. The Project will consist of a 10-foot wide concrete pedestrian/bicycle facility along the south side of Driftwood Drive from the Marina Boulevard/Driftwood Drive intersection to approximately 210 feet east by extending the curb out to the paved street; crosswalk striping and curb ramp upgrades at the Marina Boulevard/Driftwood Drive intersection; storm drainage improvements that include catch basin, underground pipe, and re -paving for surface drainage purpose; striping; and roadway signage.
a) Preparation of plans, specifications and cost estimates (PS&E), b) construction, and c) in- house construction engineering (consultant management, construction administration, inspections, and other City staff time).

Intersection of Marina Boulevard, including south side of Driftwood Drive from said intersection to approximately 210 feet to the west.
76 Resolution No. 2023-
Adopted

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Project Relation to Regional Policies (for information only)

17. Is the project in an Equity Priority Community? Yes☐ No☒

18. Is this project in a Priority Development Area or a Transit-Oriented Community? Yes☒ No☐

19. Project Budget and Schedule

Project Eligibility
A. Has the project been reviewed by the Bicycle and Pedestrian Advisory Committee? Yes ☒ No☐ If “YES,” identify the date and provide a copy or link to the agenda.

If "NO," provide an explanation).

B. Has the project been approved by the claimant's governing body? Yes☒ No☐ If "NO," provide expected date:__________________

C. Has this project previously received TDA Article 3 funding? Yes☐ No☒ (If "YES," provide an explanation on a separate page)

D. For "bikeways," does the project meet Caltrans minimum safety design criteria Yes☒ No☐ pursuant to Chapter 1000 of the California Highway Design Manual?

E. 1. Is the project categorically exempt from CEQA, pursuant to CCR Section 15301(c), Existing Facility? Yes☒ No☒

2. If “NO” above, is the project is exempt from CEQA for another reason? Yes☐ No☐ Cite the basis for the exemption. __________________________ N/A☐ If the project is not exempt, please check “NO,” and provide environmental documentation, as appropriate.

F. Estimated Completion Date of project (month and year): October 2024

G. Have provisions been made by the claimant to maintain the project or facility, or has Yes☒ No☐ the claimant arranged for such maintenance by another agency? (If an agency other than the Claimant is to maintain the facility, please identify below and provide the agreement.

H. Is a Complete Streets Checklist required for this project ? Yes☒ No☒ If the amount requested is over $250,000 or if the total project phase or construction phase is over $250,000, a Complete Streets checklist is likely required. Please attach the Complete Streets checklist or record of review, as applicable. More information and the form may be found here:
https://mtc.ca.gov/planning/transportation/complete-streets

77 D
IS
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Location Map
Driftwood Drive Path Gap Closure Project
Undeveloped
32-Acre Parcel
Central County Bikeway
C C. entrat County Bikeway
� , Grizzly Island Trail
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PROJECT LOCATION
Driftwood Drive Path Gap Closure
78 AGENDA ITEM NO. 11

AGENDA TRANSMITTAL

MEETING DATE:

June 20, 2023

CITY AGENDA ITEM:

Council Adoption of Resolution No. 2023-__: Authorizing the City Manager to execute a lease agreement with Flock Group Inc., or its assignee, for Automated License Plate Readers (ALPRs)
over a five-year period.

FISCAL IMPACT:

The Suisun City Police Department (SCPD) has an ongoing lease agreement with Flock Group Inc., which is ending June 30, 2023. Flock Group Inc. has provided a new lease agreement program keeping the same pricing structure as in years FY 21/22 and FY 22/23. The cost of this agreement is $200,800 over five years, or $40,800 in FY 23/24 and $40,000 every year after. There is a slight added cost to previous years, as SCPD has identified two additional areas where cameras are needed. SCPD currently has the funding in its FY22/23 budget for equipment to pay for the first year of this program.

STRATEGIC PLAN:

Ensure Public Safety: 3.5 Optimize the use of technology to drive efficiency, productivity, and customer service.

BACKGROUND:

The Police Department was authorized by Council to begin the ALPR program with open-source ALPR software in 2018. The software captured license plates, but it did not query the information against any databases. In 2021, SCPD migrated to using Flock Group Inc. as the ALPR vendor due to the capabilities of their technology, as well as the wide-spread use of Flock Group Inc. cameras in Solano County. In 2021, SCPD was offered a two-year lease for 14 cameras across Suisun City. This lease is ending, and SCPD would like to continue using the Flock Group Inc. ALPR technology by entering into a five-year lease agreement while adding two additional cameras at locations where the direction of ALPR cameras do not already exist.

STAFF REPORT:

SCPD is seeking approval by the City Council to authorize the City Manager, or his designee, to execute a five-year lease agreement with Flock Group Inc., or its assignee, for Automated License Plate Readers (ALPRs) hardware, software, and installation.

Because the City does not have staffing available in any department to install, maintain and calibrate ALPR cameras, Flock Group Inc. is a viable option as they offer a lease-based solution, and they are the current vendor for SCPD’s ALPR cameras. This proposed lease agreement includes the installation, repair, maintenance, and software to run the system.

Flock Group Inc. integrates with California databases to query stolen and wanted vehicle license plates in real-time. The system will alert officers in the field as well as dispatch when a stolen vehicle or a vehicle wanted in a significant crime is captured on an ALPR camera. This will allow resources to be deployed in real time, to apprehend a suspect(s) and potentially recover stolen property or evidence, or even rescue an individual who is a victim of kidnapping.

Flock Group Inc. ALPRs have the potential to help solve, or even reduce, violent crimes in Suisun City.

Approximately 70% of all crimes involve a vehicle. Officers and detectives investigating shootings and other high-profile crimes will be able to leverage the Flock Group Inc. software to look for vehicles 79 involved in crimes by their license plate number, color, make, type, and time in a specific area. These leads will assist staff who are investigating crimes to identify possible involved parties. Identification of vehicles involved in crimes is a major step in building comprehensive investigations and gathering leads. These investigative tools can increase our ability to serve the community and bring investigations to resolution.

Crime is often multi-jurisdictional; Flock Group Inc. is a component of a county-wide effort to leverage technology to increase efficiency and effectiveness of county-wide law enforcement partners. Solano County and the cities of Benicia, Vallejo, Vacaville, and Fairfield are all using Flock Group Inc. ALPR cameras. Through the Flock Group Inc. software, we can continue to search surrounding agency cameras to determine if suspect vehicles have traveled to other cities. These leads can help detectives identify cross-jurisdictional crime sprees and trends, where a single person or group is responsible for crimes in many jurisdictions. It can also assist detectives with a focal point as to where to search for suspects who may have left Suisun City.

During the past two years SCPD has been utilizing Flock Group Inc. ALPR cameras, SCPD has been alerted to several vehicles crossing into Suisun City’s jurisdiction that were used in many different crimes either in Suisun City or throughout Solano County. Many of these vehicles were located by SCPD officers resulting in suspects being arrested before they could commit additional crimes. In many other instances where the vehicle or suspect was not located, we are confident crimes were not committed in Suisun City, as officers converging and saturating areas surrounding these suspect vehicle notifications likely caused the suspects to leave the area due to the increased officer presence.

SCPD also utilized data obtained from Flock Group Inc. to identify a vehicle used in a homicide in Suisun City in 2022 within hours of the crime. This information resulted in that suspect’s identity and arrest. Flock Group Inc. system data was also used in developing suspect information from another homicide in early 2023, saving numerous staff hours that would have been spent reviewing video evidence to identify a specific style of vehicle. Information retrieved by Flock Group Inc. is truly a force multiplier for SCPD.

Flock Group Inc. is compliant with all California State Laws and only retains license plate data for 30 days before that data is erased from the system and unretrievable.

STAFF RECOMMENDATION:

It is recommended that the City Council Adopt Resolution No. 2023- __: Authorizing the City Manager to execute a lease agreement with Flock Group Inc., or its assignee, for Automated License Plate Readers (ALPRs) over a five-year period.

DOCUMENTS ATTACHED:
1 .

Resolution No. 2023-__:

Authorizing the City Manager to execute a lease agreement with Flock Group Inc., or its assignee, for Automated License Plate Readers (ALPRs) over a five-year period 2 .

Flock Group Inc. Services Agreement
3 .

Flock Group Inc. Quote

PREPARED BY:

Aaron Roth, Police Chief
REVIEWED BY:

Greg Folsom, City Manager
APPROVED BY:

Greg Folsom, City Manager

80 ATTACHMENTS:
1 Resolution to execute a lease agreement with Flock Group Inc..pdf 2 Flock Group Inc. Services Agreement.pdf
3 Flock Group Inc. Quote.pdf
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28 RESOLUTION NO. 2023-_____

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

AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT WITH FLOCK GROUP INC., OR ITS ASSIGNEE, FOR AUTOMATED LICENSE

PLATE READERS (ALPR) FOR A FIVE YEAR PERIOD

WHEREAS, there is a need by the City of Suisun City to provide for safety of both life and property of its community; and

WHEREAS, critical to the police function is investigation of crime and identification of responsible parties; and

WHEREAS, the police department has a need for continued, enhanced investigative capabilities to bring resolution to more cases; and

WHEREAS, the police department has a need to operate efficiently and effectively through the implementation of technology; and

WHEREAS, providing the police department the ability to continue its current ALPR system will enable the police department to maintain its current capabilities and more efficiently provide essential services; and

NOW, THEREFORE, BE IT RESOLVED that the City Council of Suisun City hereby authorizes the City Manager, or his designee, to execute a 5-year lease agreement with Flock Group Inc., or its assignee, for automated license plate readers.

PASSED AND ADOPTED by the City Council of the City of Suisun City at a regular meeting thereof held on the 20th day of June, 2023 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 June, 2023.

Anita Skinner
City Clerk

82 Flock Safety + CA - Suisun City PD
______________

Flock Group Inc.
1170 Howell Mill Rd, Suite 210
Atlanta, GA 30318
______________

MAIN CONTACT:

Jaime Alfaro
[email protected]
2067144430

83 Company Overview

At Flock Safety, technology unites law enforcement and the communities they serve to eliminate crime and shape a safer future, together. We created the first public safety operating system to enable neighborhoods, schools, businesses, and law enforcement to work together to collect visual, audio, and situational evidence across an entire city to solve and prevent crime.

Our connected platform, comprised of License Plate Recognition (LPR), live video, audio detection, and a suite of integrations (AVL, CAD & more), alerts law enforcement when an incident occurs and turns unbiased data into objective answers that increase case clearance, maximize resources, and reduce crime -- all without compromising transparency or human privacy.

Join thousands of agencies reducing crime with Flock Safety’s public safety operating system

2000+ 120 1B+ <60%*
communities with private-
public partnerships
incident alerts / minute 1B+ vehicles detected /
month
<60% local crime reduction
in Flock cities

*According to a 2019 study conducted by Cobb County Police Department

Introduction

Layer Intelligence to Solve More Crime

The pathway to a safer future looks different for every community. As such, this proposal presents a combination of products that specifically addresses your public safety needs, geographical layout, sworn officer count, and budget. These components make up your custom public safety operating system, a connected device network and software platform designed to transform real-time data into a panoramic view of your jurisdiction and help you zero in on the leads that solve more cases, prevent future crimes, and foster trust in the communities you serve.

Software Platform
Flock Safety's out-of-box software platform collects and makes sense of visual, audio, and situational evidence across your entire network of devices.

84 Out-of-Box Software Features
Simplified Search Get a complete view of all activity tied to one vehicle in your network of privately and publicly owned cameras.

The user-friendly search experience allows officers to filter hours of footage in seconds based on time, location, and detailed vehicle criteria using patented Vehicle Fingerprint ™ technology. Search filters include:

● Vehicle make
● Body type
● Color
● License plates
○ Partial tags
○ Missing tags
○ Temporary tags
○ State recognition
● Decals
● Bumper stickers
● Back racks
● Top racks
National and Local Sharing

Access 1B+ additional plate reads each month without
purchasing more cameras. Solve cross-jurisdiction crimes by opting into Flock Safety's sharing networks, including one-to- one, national, and statewide search networks. Users can also receive alerts from several external LPR databases:

California SVS
FDLE
FL Expired Licenses
FL Expired Tags
FL Sanctioned Drivers
FL Sex Offenders
Georgia DOR
IL SOS
Illinois Leads
NCIC
NCMEC Amber Alert
REJIS
CCIC
FBI
Real-time Alerts Receive SMS, email, and in-app notifications for custom Hot Lists, NCIC wanted lists, AMBER alerts, Silver alerts, Vehicle Fingerprint matches, and more.

Interactive ESRI Map View your AVL, CAD, traffic, and LPR alerts alongside live on- scene video from a single interactive map for a birdseye view of activity in your jurisdiction.

Vehicle Location Analysis

Visualize sequential Hot List alerts and the direction of travel to guide officers to find suspect vehicles faster.

85 Out-of-Box Software Features (Continued)
Transparency Portal Establish community trust with a public-facing dashboard that shares policies, usage, and public safety outcomes related to your policing technology.

Insights Dashboard

Access at-a-glance reporting to easily prove ROI, discover crime and traffic patterns and prioritize changes to your public safety strategy by using data to determine the most significant impact.

Native MDT Application

Download FlockOS to your MDTs to ensure officers never
miss a Hot List alert while out on patrol.

Hot List Attachments
Attach relevant information to Custom Hot List alerts. Give simple, digestible context to Dispatchers and Patrol Officers responding to Hot List alerts so they can act confidently and drive better outcomes. When you create a custom Hot List Alert, add case notes, photos, reports, and other relevant case information.

Single Sign On (SSO) Increase your login speed and information security with Okta or Azure Single Sign On (SSO). Quickly access critical
information you need to do your job by eliminating the need for password resets and steps in the log-in process.

86 License Plate Recognition
The Flock Safety Falcon® LPR camera uses Vehicle Fingerprint™ technology to transform hours of footage into actionable evidence, even when a license plate isn't visible, and sends Hot List alerts to law enforcement users when a suspect vehicle is detected. The Falcon has fixed and location-flexible deployment options with 30% more accurate reads than leading LPR.*

*Results from the 2019 side-by-side comparison test conducted by LA County Sheriff's Department

Flock Safety Falcon®LPR Camera Flock Safety Falcon® Flex Flock Safety Falcon® LR Fixed, infrastructure-free LPR camera
designed for permanent placement.

√ 1 Standard LPR Camera
√ Unlimited LTE data service + Flock OS
platform licenses
√ 1 DOT breakaway pole
√ Dual solar panels
√ Permitting, installation, and ongoing
maintenance
Location-flexible LPR camera designed
for fast, easy self-installation, which is
ideal for your ever-changing
investigative needs.
√ 1 LPR Camera
√ Unlimited LTE data service + software
licenses
√ 1 portable mount with varying-sized
band clamps
√ 1 Charger for internal battery
√ 1 hardshell carrying case
Long-range, high-speed LPR camera
that captures license plates and Vehicle
Fingerprint data for increasing
investigative leads on high-volume
roadways like highways and interstates.

√ 1 Long-Rage LPR Camera
√ Computing device in protective poly
case
√ AC Power
√ Permitting, installation, and ongoing
maintenance

87 Your Flock Safety Team
Flock Safety is more than a technology vendor; we are a partner in your mission to build a safer future. We work with thousands of law enforcement agencies across the US to build stronger, safer communities that celebrate the hard work of those who serve and protect. We don’t disappear after contracts are signed; we pride ourselves on becoming an extension of your hard-working team as part of our subscription service.

Implementation Meet with a Solutions Consultant (former LEO) to build a deployment plan based on your needs. Our Permitting Team and Installation Technicians will work to get your device network approved, installed, and activated.

User Training + Support Your designated Customer Success Manager will help train your power users and ensure you maximize the platform,
while our customer support team will assist with needs as they arise.

Maintenance We proactively monitor the health of your device network. If we detect that a device is offline, a full-time technician will service your device for no extra charge.

Note: Ongoing maintenance does not apply to Falcon Flex devices.

Public Relations Government Affairs

Get support educating your stakeholders, including city councils and other governing bodies.

Media Relations

Share crimes solved in the local media with the help of our Public Relations team.

88 EXHIBIT A

ORDER FORM

Customer: CA - Suisun City PD Initial Term: 60 Months
Legal Entity Name: CA - Suisun City PD Renewal Term: 24 Months Accounts Payable Email: [email protected] Payment Terms: Net 30 Address: 701 Civic Center Blvd Suisun City, California
94585
Billing Frequency: Annual Plan - First Year Invoiced at Signing.

Retention Period: 30 Days

Hardware and Software Products
Annual recurring amounts over subscription term

Item Cost Quantity Total
Flock Safety Platform $40,000.00
Flock Safety Flock OS
FlockOS ™ Included 1 Included
Flock Safety LPR Products
Flock Safety Falcon ® Included 16 Included

Professional Services and One Time Purchases

Item Cost Quantity Total
One Time Fees
Flock Safety Professional Services
Professional Services - Standard Implementation Fee $650.00 1 $650.00 Professional Services - Existing Infrastructure
Implementation Fee $150.00 1 $150.00

Subtotal Year 1: $40,800.00
Annual Recurring Subtotal: $40,000.00
Discounts: $40,000.00
Estimated Tax: $0.00
Contract Total: $200,800.00

Taxes shown above are provided as an estimate. Actual taxes are the responsibility of the Customer. This Agreement will automatically renew for successive renewal terms of the greater of one year or the length set forth on the Order Form (each, a “Renewal Term”) unless either Party gives the other Party notice of non-renewal at least thirty (30) days prior to the end of the then-current term.

89 Billing Schedule

Billing Schedule Amount (USD)
Year 1
At Contract Signing $40,800.00
Annual Recurring after Year 1 $40,000.00
Contract Total $200,800.00
*Tax not included
Discounts

Discounts Applied Amount (USD)
Flock Safety Platform $40,000.00
Flock Safety Add-ons $0.00
Flock Safety Professional Services $0.00
90 Product and Services Description

Flock Safety Platform Items Product Description Terms
Flock Safety Falcon ®
An infrastructure-free license plate reader camera that utilizes Vehicle Fingerprint® technology to capture vehicular attributes.

The Term shall commence upon first installation and validation of Flock Hardware.

One-Time Fees Service Description
Installation on existing
infrastructure
One-time Professional Services engagement. Includes site & safety assessment, camera setup & testing, and shipping & handling in accordance with the Flock Safety Advanced Implementation Service Brief.

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

Professional Services -
Advanced Implementation Fee
One-time Professional Services engagement. Includes site & safety assessment, camera setup & testing, and shipping & handling in accordance with the Flock Safety Advanced Implementation Service Brief.

91 By executing this Order Form, Customer represents and warrants that it has read and agrees to all of the terms and conditions contained in the Master Services Agreement attached. The Parties have executed this Agreement as of the dates set forth below.

FLOCK GROUP, INC. Customer: CA - Suisun City PD

By:
\FSSignature2\
By:
\FSSignature1\
Name:
\FSFullname2\
Name:
\FSFullname1\
Title:
\FSTitle2\
Title:
\FSTitle1\
Date:
\FSDateSigned2\
Date:
\FSDateSigned1\

PO Number:

92 Master Services Agreement

This Master Services Agreement (this “Agreement”) is entered into by and between Flock Group, Inc. with a place of business at 1170 Howell Mill Road NW Suite 210, Atlanta, GA 30318 (“Flock”) and the entity identified in the signature block (“Customer”) (each a “Party,” and together, the “Parties”) on this the 08 day of June 2023. This Agreement is effective on the date of mutual execution (“Effective Date”). Parties will sign an Order Form (“Order Form”) which will describe the Flock Services to be performed and the period for performance, attached hereto as Exhibit A. The Parties agree as follows:

RECITALS

WHEREAS, Flock offers a software and hardware situational awareness solution through Flock’s technology platform that upon detection is capable of capturing audio, video, image, and recording data and provide notifications to Customer (“Notifications”);

WHEREAS, Customer desires access to the Flock Services (defined below) on existing devices, provided by Customer, or Flock provided Flock Hardware (as defined below) in order to create, view, search and archive Footage and receive Notifications, via the Flock Services;

WHEREAS, Customer shall have access to the Footage in Flock Services. Pursuant to Flock’s standard Retention Period (defined below) Flock deletes all Footage on a rolling thirty (30) day basis, except as otherwise stated on the Order Form. Customer shall be responsible for extracting, downloading and archiving Footage from the Flock Services on its own storage devices; and

AGREEMENT

NOW, THEREFORE, Flock and Customer agree that this Agreement, and any Order Form, purchase orders, statements of work, product addenda, or the like, attached hereto as 93 exhibits and incorporated by reference, constitute the complete and exclusive statement of the Agreement of the Parties with respect to the subject matter of this Agreement, and replace and supersede all prior agreements, term sheets, purchase orders, correspondence, oral or written communications and negotiations by and between the Parties.

1. DEFINITIONS
Certain capitalized terms, not otherwise defined herein, have the meanings set forth or cross- referenced in this Section 1.

1.1 “Anonymized Data” means Customer Data permanently stripped of identifying details and any potential personally identifiable information, by commercially available standards which irreversibly alters data in such a way that a data subject (i.e., individual person or entity) can no longer be identified directly or indirectly.

1.2 “Authorized End User(s)” means any individual employees, agents, or contractors of Customer accessing or using the Services, under the rights granted to Customer pursuant to this Agreement.

1.3 “Customer Data” means the data, media and content provided by Customer through the Services. For the avoidance of doubt, the Customer Data will include the Footage.

1.4. “Customer Hardware” means the third-party camera owned or provided by Customer and any other physical elements that interact with the Embedded Software and the Web Interface to provide the Services.

1.5 “Embedded Software” means the Flock proprietary software and/or firmware integrated with or installed on the Flock Hardware or Customer Hardware.

1.6 “Flock Hardware” means the Flock device(s), which may include the pole, clamps, solar panel, installation components, and any other physical elements that interact with the Embedded Software and the Web Interface, to provide the Flock Services as specifically set forth in the applicable product addenda.

1.7 “Flock IP” means the Services, the Embedded Software, and any intellectual property or proprietary information therein or otherwise provided to Customer and/or its Authorized End Users. Flock IP does not include Footage (as defined below).

1.8 “Flock Network End User(s)” means any user of the Flock Services that Customer authorizes access to or receives data from, pursuant to the licenses granted herein. 94 1.9 “Flock Services” means the provision of Flock’s software and hardware situational awareness solution, via the Web Interface, for automatic license plate detection, alerts, audio detection, searching image records, video and sharing Footage.

1.10 “Footage” means still images, video, audio and other data captured by the Flock Hardware or Customer Hardware in the course of and provided via the Flock Services.

1.11 “Hotlist(s)” means a digital file containing alphanumeric license plate related information pertaining to vehicles of interest, which may include stolen vehicles, stolen vehicle license plates, vehicles owned or associated with wanted or missing person(s), vehicles suspected of being involved with criminal or terrorist activities, and other legitimate law enforcement purposes.

Hotlist also includes, but is not limited to, national data (i.e., NCIC) for similar categories, license plates associated with AMBER Alerts or Missing Persons/Vulnerable Adult Alerts, and includes manually entered license plate information associated with crimes that have occurred in any local jurisdiction.

1.12 “Installation Services” means the services provided by Flock for installation of Flock Services.

1.13 “Retention Period” means the time period that the Customer Data is stored within the cloud storage, as specified in the product addenda.

1.14 “Vehicle Fingerprint™” means the unique vehicular attributes captured through Services such as: type, make, color, state registration, missing/covered plates, bumper stickers, decals, roof racks, and bike racks.

1.15 “Web Interface” means the website(s) or application(s) through which Customer and its Authorized End Users can access the Services.

95 2. SERVICES AND SUPPORT

2.1 Provision of Access. Flock hereby grants to Customer a non-exclusive, non-transferable right to access the features and functions of the Flock Services via the Web Interface during the Term, solely for the Authorized End Users. The Footage will be available for Authorized End Users to access and download via the Web Interface for the data retention time defined on the Order Form (“Retention Period”). Authorized End Users will be required to sign up for an account and select a password and username (“User ID”). Customer shall be responsible for all acts and omissions of Authorized End Users, and any act or omission by an Authorized End User which, including any acts or omissions of authorized End user which would constitute a breach of this agreement if undertaken by customer. Customer shall undertake reasonable efforts to make all Authorized End Users aware of all applicable provisions of this Agreement and shall cause Authorized End Users to comply with such provisions. Flock may use the services of one or more third parties to deliver any part of the Flock Services, (such as using a third party to host the Web Interface for cloud storage or a cell phone provider for wireless cellular coverage).

2.2 Embedded Software License. Flock grants Customer a limited, non-exclusive, non- transferable, non-sublicensable (except to the Authorized End Users), revocable right to use the Embedded Software as it pertains to Flock Services, solely as necessary for Customer to use the Flock Services.

2.3 Support Services. Flock shall monitor the Flock Services, and any applicable device health, in order to improve performance and functionality. Flock will use commercially reasonable efforts to respond to requests for support within seventy-two (72) hours. Flock will provide Customer with reasonable technical and on-site support and maintenance services in-person, via phone or by email at [email protected] (such services collectively referred to as “Support Services”).

2.4 Upgrades to Platform. Flock may make any upgrades to system or platform that it deems necessary or useful to (i) maintain or enhance the quality or delivery of Flock’s products or services to its agencies;the competitive strength of, or market for, Flock’s products or services;such platform or system’s cost efficiency or performance, or (ii) to comply with applicable law. Parties understand that such upgrades are necessary from time to time and will not 96 diminish the quality of the services or materially change any terms or conditions within this Agreement.

2.5 Service Interruption. Services may be interrupted in the event that: (a) Flock’s provision of the Services to Customer or any Authorized End User is prohibited by applicable law; (b) any third-party services required for Services are interrupted; (c) if Flock reasonably believe Services are being used for malicious, unlawful, or otherwise unauthorized use; (d) there is a threat or attack on any of the Flock IP by a third party; or (e) scheduled or emergency maintenance (“Service Interruption”). Flock will make commercially reasonable efforts to provide written notice of any Service Interruption to Customer,to provide updates, and to resume providing access to Flock Services as soon as reasonably possible after the event giving rise to the Service Interruption is cured. Flock will have no liability for any damage, liabilities, losses (including any loss of data or profits), or any other consequences that Customer or any Authorized End User may incur as a result of a Service Interruption. To the extent that the Service Interruption is not caused by Customer’s direct actions or by the actions of parties associated with the Customer, the time will be tolled by the duration of the Service Interruption (for any continuous suspension lasting at least one full day). For example, in the event of a Service Interruption lasting five (5) continuous days, Customer will receive a credit for five (5) free days at the end of the Term.

2.6 Service Suspension. Flock may temporarily suspend Customer’s and any Authorized End User’s access to any portion or all of the Flock IP or Flock Service if (a) there is a threat or attack on any of the Flock IP by Customer; (b) Customer’s or any Authorized End User’s use of the Flock IP disrupts or poses a security risk to the Flock IP or any other customer or vendor of Flock; (c) Customer or any Authorized End User is/are using the Flock IP for fraudulent or illegal activities; (d) Customer has violated any term of this provision, including, but not limited to, utilizing Flock Services for anything other than the Permitted Purpose; or (e) any unauthorized access to Flock Services through Customer’s account (“Service Suspension”). Customer shall not be entitled to any remedy for the Service Suspension period, including any reimbursement, tolling, or credit. If the Service Suspension was not caused by Customer, the Term will be tolled by the duration of the Service Suspension.

2.7 Hazardous Conditions. Flock Services do not contemplate hazardous materials, or other hazardous conditions, including, without limit, asbestos, lead, toxic or flammable substances. In the event any such hazardous materials are discovered in the designated locations in which Flock 97 is to perform services under this Agreement, Flock shall have the right to cease work immediately.

3. CUSTOMER OBLIGATIONS

3.1 Customer Obligations. Flock will assist Customer Authorized End Users in the creation of a User ID. Authorized End Users agree to provide Flock with accurate, complete, and updated registration information. Authorized End Users may not select as their User ID, a name that they do not have the right to use, or any other name with the intent of impersonation. Customer and Authorized End Users may not transfer their account to anyone else without prior written permission of Flock. Authorized End Users shall not share their account username or password information and must protect the security of the username and password. Unless otherwise stated and defined in this Agreement, Customer shall not designate Authorized End Users for persons who are not officers, employees, or agents of Customer. Authorized End Users shall only use Customer-issued email addresses for the creation of their User ID. Customer is responsible for any Authorized End User activity associated with its account. Customer shall ensure that Customer provides Flock with up to date contact information at all times during the Term of this agreement. Customer shall be responsible for obtaining and maintaining any equipment and ancillary services needed to connect to, access or otherwise use the Flock Services. Customer shall (at its own expense) provide Flock with reasonable access and use of Customer facilities and Customer personnel in order to enable Flock to perform Services (such obligations of Customer are collectively defined as “Customer Obligations”).

3.2 Customer Representations and Warranties. Customer represents, covenants, and warrants that Customer shall use Flock Services only in compliance with this Agreement and all applicable laws and regulations, including but not limited to any laws relating to the recording or sharing of data, video, photo, or audio content.

4. DATA USE AND LICENSING

4.1 Customer Data. As between Flock and Customer, all right, title and interest in the Customer Data, belong to and are retained solely by Customer. Customer hereby grants to Flock a limited, non-exclusive, royalty-free, irrevocable, worldwide license to use the Customer Data and perform 98 all acts as may be necessary for Flock to provide the Flock Services to Customer. Flock does not own and shall not sell Customer Data.

4.2 Customer Generated Data. Flock may provide Customer with the opportunity to post, upload, display, publish, distribute, transmit, broadcast, or otherwise make available, messages, text, illustrations, files, images, graphics, photos, comments, sounds, music, videos, information, content, ratings, reviews, data, questions, suggestions, or other information or materials produced by Customer (“Customer Generated Data”). Customer shall retain whatever legally cognizable right, title, and interest in Customer Generated Data. Customer understands and acknowledges that Flock has no obligation to monitor or enforce Customer’s intellectual property rights of Customer Generated Data. Customer grants Flock a non-exclusive, irrevocable, worldwide, royalty-free, license to use the Customer Generated Data for the purpose of providing Flock Services. Flock does not own and shall not sell Customer Generated Data.

4.3 Anonymized Data. Flock shall have the right to collect, analyze, and anonymize Customer Data and Customer Generated Data to the extent such anonymization renders the data non- identifiable to create Anonymized Data to use and perform the Services and related systems and technologies, including the training of machine learning algorithms. Customer hereby grants Flock a non-exclusive, worldwide, perpetual, royalty-free right to use and distribute such Anonymized Data to improve and enhance the Services and for other development, diagnostic and corrective purposes, and other Flock offerings. Parties understand that the aforementioned license is required for continuity of Services. Flock does not own and shall not sell Anonymized Data.

5. CONFIDENTIALITY; DISCLOSURES

5.1 Confidentiality. To the extent required by any applicable public records requests, each Party (the “Receiving Party”) understands that the other Party (the “Disclosing Party”) has disclosed or may disclose business, technical or financial information relating to the Disclosing Party’s business (hereinafter referred to as “Proprietary Information” of the Disclosing Party).

Proprietary Information of Flock includes non-public information regarding features, functionality and performance of the Services. Proprietary Information of Customer includes non-public data provided by Customer to Flock or collected by Flock via Flock Services, which includes but is not limited to geolocation information and environmental data collected by sensors. The Receiving 99 Party agrees: (i) to take the same security precautions to protect against disclosure or unauthorized use of such Proprietary Information that the Party takes with its own proprietary information, but in no event less than commercially reasonable precautions, and (ii) not to use (except in performance of the Services or as otherwise permitted herein) or divulge to any third person any such Proprietary Information. The Disclosing Party agrees that the foregoing shall not apply with respect to any information that the Receiving Party can document (a) is or becomes generally available to the public; or (b) was in its possession or known by it prior to receipt from the Disclosing Party; or (c) was rightfully disclosed to it without restriction by a third party; or (d) was independently developed without use of any Proprietary Information of the Disclosing Party.

Nothing in this Agreement will prevent the Receiving Party from disclosing the Proprietary Information pursuant to any judicial or governmental order, provided that the Receiving Party gives the Disclosing Party reasonable prior notice of such disclosure to contest such order. At the termination of this Agreement, all Proprietary Information will be returned to the Disclosing Party, destroyed or erased (if recorded on an erasable storage medium), together with any copies thereof, when no longer needed for the purposes above, or upon request from the Disclosing Party, and in any case upon termination of the Agreement. Notwithstanding any termination, all confidentiality obligations of Proprietary Information that is trade secret shall continue in perpetuity or until such information is no longer trade secret.

5.2 Usage Restrictions on Flock IP. Flock and its licensors retain all right, title and interest in and to the Flock IP and its components, and Customer acknowledges that it neither owns nor acquires any additional rights in and to the foregoing not expressly granted by this Agreement.

Customer further acknowledges that Flock retains the right to use the foregoing for any purpose in Flock’s sole discretion. Customer and Authorized End Users shall not: (i) copy or duplicate any of the Flock IP; (ii) decompile, disassemble, reverse engineer, or otherwise attempt to obtain or perceive the source code from which any software component of any of the Flock IP is compiled or interpreted, or apply any other process or procedure to derive the source code of any software included in the Flock IP; (iii) attempt to modify, alter, tamper with or repair any of the Flock IP, or attempt to create any derivative product from any of the foregoing; (iv) interfere or attempt to interfere in any manner with the functionality or proper working of any of the Flock IP; (v) remove, obscure, or alter any notice of any intellectual property or proprietary right appearing on or contained within the Flock Services or Flock IP; (vi) use the Flock Services for anything other 100
than the Permitted Purpose; or (vii) assign, sublicense, sell, resell, lease, rent, or otherwise transfer, convey, pledge as security, or otherwise encumber, Customer’s rights. There are no implied rights.

5.3 Disclosure of Footage. Subject to and during the Retention Period, Flock may access, use, preserve and/or disclose the Footage to law enforcement authorities, government officials, and/or third parties, if legally required to do so or if Flock has a good faith belief that such access, use, preservation or disclosure is reasonably necessary to comply with a legal process, enforce this Agreement, or detect, prevent or otherwise address security, privacy, fraud or technical issues, or emergency situations.

6. PAYMENT OF FEES

6.1 Billing and Payment of Fees. Customer shall pay the fees set forth in the applicable Order Form based on the billing structure and payment terms as indicated in the Order Form. If Customer believes that Flock has billed Customer incorrectly, Customer must contact Flock no later than thirty (30) days after the closing date on the first invoice in which the error or problem appeared to receive an adjustment or credit. Customer acknowledges and agrees that a failure to contact Flock within this period will serve as a waiver of any claim. If any undisputed fee is more than thirty (30) days overdue, Flock may, without limiting its other rights and remedies, suspend delivery of its service until such undisputed invoice is paid in full. Flock shall provide at least thirty (30) days’ prior written notice to Customer of the payment delinquency before exercising any suspension right.

6.2 Notice of Changes to Fees. Flock reserves the right to change the fees for subsequent Renewal Terms by providing sixty (60) days’ notice (which may be sent by email) prior to the end of the Initial Term or Renewal Term (as applicable).

6.3 Late Fees. If payment is not issued to Flock by the due date of the invoice, an interest penalty of 1.0% of any unpaid amount may be added for each month or fraction thereafter, until final payment is made.

6.4 Taxes. Customer is responsible for all taxes, levies, or duties, excluding only taxes based on Flock’s net income, imposed by taxing authorities associated with the order. If Flock has the legal obligation to pay or collect taxes, including amount subsequently assessed by a taxing 101
authority, for which Customer is responsible, the appropriate amount shall be invoice to and paid by Customer unless Customer provides Flock a legally sufficient tax exemption certificate and Flock shall not charge customer any taxes from which it is exempt. If any deduction or withholding is required by law, Customer shall notify Flock and shall pay Flock any additional amounts necessary to ensure that the net amount that Flock receives, after any deduction and withholding, equals the amount Flock would have received if no deduction or withholding had been required.

7. TERM AND TERMINATION

7.1 Term. The initial term of this Agreement shall be for the period of time set forth on the Order Form (the “Term”). Following the Term, unless otherwise indicated on the Order Form, this Agreement will automatically renew for successive renewal terms of the greater of one year or the length set forth on the Order Form (each, a “Renewal Term”) unless either Party gives the other Party notice of non-renewal at least thirty (30) days prior to the end of the then-current term.

7.2 Termination. Upon termination or expiration of this Agreement, Flock will remove any applicable Flock Hardware at a commercially reasonable time period. In the event of any material breach of this Agreement, the non-breaching Party may terminate this Agreement prior to the end of the Term by giving thirty (30) days prior written notice to the breaching Party; provided, however, that this Agreement will not terminate if the breaching Party has cured the breach prior to the expiration of such thirty (30) day period (“Cure Period”). Either Party may terminate this Agreement (i) upon the institution by or against the other Party of insolvency, receivership or bankruptcy proceedings, (ii) upon the other Party's making an assignment for the benefit of creditors, or (iii) upon the other Party's dissolution or ceasing to do business. In the event of a material breach by Flock, and Flock is unable to cure within the Cure Period, Flock will refund Customer a pro-rata portion of the pre-paid fees for Services not received due to such termination.

7.3 Survival. The following Sections will survive termination: 1, 3, 5, 6, 7, 8.3, 8.4, 9, 10.1 and

10.6. 102

8. REMEDY FOR DEFECT; WARRANTY AND DISCLAIMER

8.1 Manufacturer Defect. Upon a malfunction or failure of Flock Hardware or Embedded Software (a “Defect”), Customer must notify Flock’s technical support team. In the event of a Defect, Flock shall make a commercially reasonable attempt to repair or replace the defective Flock Hardware at no additional cost to the Customer. Flock reserves the right, in its sole discretion, to repair or replace such Defect, provided that Flock shall conduct inspection or testing within a commercially reasonable time, but no longer than seven (7) business days after Customer gives notice to Flock.

8.2 Replacements. In the event that Flock Hardware is lost, stolen, or damaged, Customer may request a replacement of Flock Hardware at a fee according to the reinstall fee schedule (https://www.flocksafety.com/reinstall-fee-schedule). In the event that Customer chooses not to replace lost, damaged, or stolen Flock Hardware, Customer understands and agrees that (1) Flock Services will be materially affected, and (2) that Flock shall have no liability to Customer regarding such affected Flock Services, nor shall Customer receive a refund for the lost, damaged, or stolen Flock Hardware.

8.3 Warranty. Flock shall use reasonable efforts consistent with prevailing industry standards to maintain the Services in a manner which minimizes errors and interruptions in the Services and shall perform the Installation Services in a professional and workmanlike manner. Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by Flock or by third-party providers, or because of other causes beyond Flock’s reasonable control, but Flock shall use reasonable efforts to provide advance notice in writing or by e-mail of any scheduled service disruption.

8.4 Disclaimer. THE REMEDY DESCRIBED IN SECTION 8.1 ABOVE IS CUSTOMER’S SOLE REMEDY, AND FLOCK’S SOLE LIABILITY, WITH RESPECT TO DEFECTS.

FLOCK DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION, THE SERVICES ARE PROVIDED “AS IS” AND FLOCK

DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT

LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A 103
PARTICULAR PURPOSE AND NON-INFRINGEMENT. THIS DISCLAIMER ONLY

APPLIES TO THE EXTENT ALLOWED BY THE GOVERNING LAW OF THE STATE MENTIONED IN SECTION 10.6.

8.5 Insurance. Flock will maintain commercial general liability policies as stated in Exhibit B.

8.6 Force Majeure. Parties are not responsible or liable for any delays or failures in performance from any cause beyond their control, including, but not limited to acts of God, changes to law or regulations, embargoes, war, terrorist acts, pandemics (including the spread of variants), issues of national security, acts or omissions of third-party technology providers, riots, fires, earthquakes, floods, power blackouts, strikes, supply chain shortages of equipment or supplies, financial institution crisis, weather conditions or acts of hackers, internet service providers or any other third party acts or omissions.

9. LIMITATION OF LIABILITY; INDEMNITY

9.1 Limitation of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY,

FLOCK, ITS OFFICERS, AFFILIATES, REPRESENTATIVES, CONTRACTORS AND

EMPLOYEES SHALL NOT BE RESPONSIBLE OR LIABLE WITH RESPECT TO ANY

SUBJECT MATTER OF THIS AGREEMENT OR TERMS AND CONDITIONS RELATED

THERETO UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, PRODUCT LIABILITY, OR OTHER THEORY: (A) FOR LOSS OF REVENUE, BUSINESS OR BUSINESS INTERRUPTION; (B) INCOMPLETE, CORRUPT, OR INACCURATE DATA; (C) COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY; (D)

FOR ANY INDIRECT, EXEMPLARY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES; (E) FOR ANY MATTER BEYOND FLOCK’S ACTUAL KNOWLEDGE OR

REASONABLE CONTROL INCLUDING REPEAT CRIMINAL ACTIVITY OR INABILITY TO CAPTURE FOOTAGE; OR (F) FOR ANY AMOUNTS THAT, TOGETHER WITH

AMOUNTS ASSOCIATED WITH ALL OTHER CLAIMS, EXCEED THE FEES PAID

AND/OR PAYABLE BY CUSTOMER TO FLOCK FOR THE SERVICES UNDER THIS AGREEMENT IN THE TWELVE (12) MONTHS PRIOR TO THE ACT OR OMISSION THAT

GAVE RISE TO THE LIABILITY, IN EACH CASE, WHETHER OR NOT FLOCK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF 104

LIABILITY OF SECTION ONLY APPLIES TO THE EXTENT ALLOWED BY THE GOVERNING LAW OF THE STATE REFERENCED IN SECTION 10.6.

NOTWITHSTANDING ANYTHING TO THE CONTRARY, THE FOREGOING

LIMITATIONS OF LIABILITY SHALL NOT APPLY (I) IN THE EVENT OF GROSS

NEGLIGENCE OR WILLFUL MISCONDUCT, OR (II) INDEMNIFICATION OBLIGATIONS.

9.2 Responsibility. Each Party to this Agreement shall assume the responsibility and liability for the acts and omissions of its own employees, officers, or agents, in connection with the performance of their official duties under this Agreement. Each Party to this Agreement shall be liable for the torts of its own officers, agents, or employees.

9.3 Flock Indemnity. Flock shall indemnify and hold harmless Customer, its agents and employees, from liability of any kind, including claims, costs (including defense) and expenses, on account of: (i) any copyrighted material, patented or unpatented invention, articles, device or appliance manufactured or used in the performance of this Agreement; or (ii) any damage or injury to property or person directly caused by Flock’s installation of Flock Hardware, except for where such damage or injury was caused solely by the negligence of the Customer or its agents, officers or employees. Flock’s performance of this indemnity obligation shall not exceed the fees paid and/or payable for the services rendered under this Agreement in the preceding twelve (12) months.

10. INSTALLATION SERVICES AND OBLIGATIONS

10.1 Ownership of Hardware. Flock Hardware is owned and shall remain the exclusive property of Flock. Title to any Flock Hardware shall not pass to Customer upon execution of this Agreement, except as otherwise specifically set forth in this Agreement. Except as otherwise expressly stated in this Agreement, Customer is not permitted to remove, reposition, re-install, tamper with, alter, adjust or otherwise take possession or control of Flock Hardware. Customer agrees and understands that in the event Customer is found to engage in any of the foregoing restricted actions, all warranties herein shall be null and void, and this Agreement shall be subject to immediate termination for material breach by Customer. Customer shall not perform any acts which would interfere with the retention of title of the Flock Hardware by Flock. Should Customer default on any payment of the Flock Services, Flock may remove Flock Hardware at 105
Flock’s discretion. Such removal, if made by Flock, shall not be deemed a waiver of Flock’s rights to any damages Flock may sustain as a result of Customer’s default and Flock shall have the right to enforce any other legal remedy or right.

10.2 Deployment Plan. Flock shall advise Customer on the location and positioning of the Flock Hardware for optimal product functionality, as conditions and locations allow. Flock will collaborate with Customer to design the strategic geographic mapping of the location(s) and implementation of Flock Hardware to create a deployment plan (“Deployment Plan”). In the event that Flock determines that Flock Hardware will not achieve optimal functionality at a designated location, Flock shall have final discretion to veto a specific location, and will provide alternative options to Customer.

10.3 Changes to Deployment Plan. After installation of Flock Hardware, any subsequent requested changes to the Deployment Plan, including, but not limited to, relocating, re- positioning, adjusting of the mounting, removing foliage, replacement, changes to heights of poles will incur a fee according to the reinstall fee schedule located at (https://www.flocksafety.com/reinstall-fee-schedule). Customer will receive prior notice and confirm approval of any such fees.

10.4 Customer Installation Obligations. Customer is responsible for any applicable supplementary cost as described in the Customer Implementation Guide, attached hereto as Exhibit C (“Customer Obligations”). Customer represents and warrants that it has, or shall lawfully obtain, all necessary right title and authority and hereby authorizes Flock to install the Flock Hardware at the designated locations and to make any necessary inspections or maintenance in connection with such installation.

10.5 Flock’s Obligations. Installation of any Flock Hardware shall be installed in a professional manner within a commercially reasonable time from the Effective Date of this Agreement. Upon removal of Flock Hardware, Flock shall restore the location to its original condition, ordinary wear and tear excepted. Flock will continue to monitor the performance of Flock Hardware for the length of the Term. Flock may use a subcontractor or third party to perform certain obligations under this agreement, provided that Flock’s use of such subcontractor or third party shall not release Flock from any duty or liability to fulfill Flock’s obligations under this Agreement.

11. MISCELLANEOUS
106

11.1 Compliance With Laws. Parties shall comply with all applicable local, state and federal laws, regulations, policies and ordinances and their associated record retention schedules, including responding to any subpoena request(s).

11.2 Severability. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.

11.3 Assignment. This Agreement is not assignable, transferable or sublicensable by either Party, without prior consent. Notwithstanding the foregoing, either Party may assign this Agreement, without the other Party's consent, (i) to any parent, subsidiary, or affiliate entity, or (ii) to any purchaser of all or substantially all of such Party's assets or to any successor by way of merger, consolidation or similar transaction.

11.4 Entire Agreement. This Agreement, together with the Order Form(s), the reinstall fee schedule (https://www.flocksafety.com/reinstall-fee-schedule), and any attached exhibits are the complete and exclusive statement of the mutual understanding of the Parties and supersedes and cancels all previous or contemporaneous negotiations, discussions or agreements, whether written and oral , communications and other understandings relating to the subject matter of this Agreement, and that all waivers and modifications must be in a writing signed by both Parties, except as otherwise provided herein. None of Customer’s purchase orders, authorizations or similar documents will alter the terms of this Agreement, and any such conflicting terms are expressly rejected. Any mutually agreed upon purchase order is subject to these terms. In the event of any conflict of terms found in this Agreement or any other terms and conditions, the terms of this Agreement shall prevail. Customer agrees that Customer’s purchase is neither contingent upon the delivery of any future functionality or features nor dependent upon any oral or written comments made by Flock with respect to future functionality or feature.

11.5 Relationship. No agency, partnership, joint venture, or employment is created as a result of this Agreement and Parties do not have any authority of any kind to bind each other in any respect whatsoever. Flock shall at all times be and act as an independent contractor to Customer.

11.6 Governing Law; Venue. This Agreement shall be governed by the laws of the state in which the Customer is located. The Parties hereto agree that venue would be proper in the chosen courts of the State of which the Customer is located. The Parties agree that the United Nations Convention for the International Sale of Goods is excluded in its entirety from this Agreement. 107

11.7 Special Terms. Flock may offer certain special terms which are indicated in the proposal and will become part of this Agreement, upon Customer’s prior written consent and the mutual execution by authorized representatives (“Special Terms”). To the extent that any terms of this Agreement are inconsistent or conflict with the Special Terms, the Special Terms shall control.

11.8 Publicity. Flock has the right to reference and use Customer’s name and trademarks and disclose the nature of the Services in business and development and marketing efforts.

11.9 Feedback. If Agency or Authorized End User provides any suggestions, ideas, enhancement requests, feedback, recommendations or other information relating to the subject matter hereunder, Agency or Authorized End User hereby assigns to Flock all right, title and interest (including intellectual property rights) with respect to or resulting from any of the foregoing.

11.10 Export. Customer may not remove or export from the United States or allow the export or re-export of the Flock IP or anything related thereto, or any direct product thereof in violation of any restrictions, laws or regulations of the United States Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control, or any other United States or foreign Customer or authority. As defined in Federal Acquisition Regulation (“FAR”), section

2.101, the Services, the Flock Hardware and Documentation are “commercial items” and according to the Department of Defense Federal Acquisition Regulation (“DFAR”) section 252.2277014(a)(1) and are deemed to be “commercial computer software” and “commercial computer software documentation.” Flock is compliant with FAR Section 889 and does not contract or do business with, use any equipment, system, or service that uses the enumerated banned Chinese telecommunication companies, equipment or services as a substantial or essential component of any system, or as critical technology as part of any Flock system. Consistent with DFAR section 227.7202 and FAR section 12.212, any use, modification, reproduction, release, performance, display, or disclosure of such commercial software or commercial software documentation by the U.S. Government will be governed solely by the terms of this Agreement and will be prohibited except to the extent expressly permitted by the terms of this Agreement.

11.11 Headings. The headings are merely for organization and should not be construed as adding meaning to the Agreement or interpreting the associated sections.

11.12 Authority. Each of the below signers of this Agreement represent that they understand this Agreement and have the authority to sign on behalf of and bind the Parties they are representing. 108

11.13 Conflict. In the event there is a conflict between this Agreement and any applicable statement of work, or Customer purchase order, this Agreement controls unless explicitly stated otherwise.

11.14 Public Disrepute. In the event Customer or its employees become the subject of an indictment, arrest, public disrepute, contempt, scandal or behaves in a manner that, in the reasonable judgment of Flock, reflects unfavorably upon Flock, and/or their officers or principals, licensees, such act(s) or omission(s) shall constitute a material breach of this Agreement and Flock shall, in addition to any other rights and remedies available to it hereunder, whether at law or in equity, have the right to elect to terminate this Agreement.

11.15 Notices. All notices under this Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by email; the day after it is sent, if sent for next day delivery by recognized overnight delivery service; and upon receipt, if sent by certified or registered mail, return receipt requested.

109

FLOCK NOTICES ADDRESS:
1170 HOWELL MILL ROAD, NW SUITE 210
ATLANTA, GA 30318
ATTN: LEGAL DEPARTMENT
EMAIL: [email protected]

Customer NOTICES ADDRESS:

ADDRESS:

ATTN:

EMAIL:

110

EXHIBIT B

INSURANCE

Required Coverage. Flock shall procure and maintain for the duration of this Agreement insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the services under this Agreement and the results of that work by Flock or its agents, representatives, employees or subcontractors. Insurance shall be placed with insurers with a current A. M. Best rating of no less than “A” and “VII”. Flock shall obtain and, during the term of this Agreement, shall maintain policies of professional liability (errors and omissions), automobile liability, and general liability insurance for insurable amounts of not less than the limits listed herein. The insurance policies shall provide that the policies shall remain in full force during the life of the Agreement.

Types and Amounts Required. Flock shall maintain, at minimum, the following insurance coverage for the duration of this Agreement:
(i) Commercial General Liability insurance written on an occurrence basis with minimum limits of One Million Dollars ($1,000,000) per occurrence and Two Million Dollars ($2,000,000) in the aggregate for bodily injury, death, and property damage, including personal injury, contractual liability, independent contractors, broad -form property damage, and product and completed operations coverage;
(ii) Umbrella or Excess Liability insurance written on an occurrence basis with minimum limits of Ten Million Dollars ($10,000,000) per occurrence and Ten Million Dollars ($10,000,000) in the aggregate; (iii) Professional Liability/Errors and Omissions insurance with minimum limits of Five Million Dollars ($5,000,000) per occurrence and Five Million Dollars ($5,000,000) in the aggregate; (iv) Commercial Automobile Liability insurance with a minimum combined single limit of One Million Dollars ($1,000,000) per occurrence for bodily injury, death, and property coverage, including owned and non -owned and hired automobile coverage; and
(v) Cyber Liability insurance written on an occurrence basis with minimum limits of Five Million Dollars ($5,000,000).

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

Jake Sherman
[email protected]
8187467444
Created Date: 05/31/2023
Expiration Date: 06/07/2023
Quote Number: Q-33197
PO Number:
112

Budgetary Quote
This document is for informational purposes only. Pricing is subject to change.

Bill To: 701 Civic Center Blvd Suisun City, California 94585 Ship To: 701 Civic Center Boulevard Suisun City, California 94585

Billing Company Name: CA - Suisun City PD Subscription Term: 60 Months Billing Contact Name: Dan Healey Payment Terms: Net 30 Billing Email Address: [email protected] Retention Period: 30 Days Billing Phone: 707-421-6684 Billing Frequency: Annual Plan - First Year Invoiced at Signing.

Hardware and Software Products
Annual recurring amounts over subscription term

Item Cost Quantity Total
Flock Safety Platform $40,000.00
Flock Safety Flock OS
FlockOS ™ Included 1 Included
Flock Safety LPR Products
Flock Safety Falcon ® Included 16 Included

Professional Services and One Time Purchases

Item Cost Quantity Total
One Time Fees
Flock Safety Professional Services
Professional Services - Standard
Implementation Fee $650.00 1 $650.00
Professional Services - Existing Infrastructure
Implementation Fee $150.00 1 $150.00

Subtotal Year 1: $40,800.00
Annual Recurring Subtotal: $40,000.00
Discounts: $40,000.00
Estimated Tax: $0.00
Contract Total: $200,800.00

Taxes shown above are provided as an estimate. Actual taxes are the responsibility of the Customer. This is not an invoice – this document is a non-binding proposal for informational purposes only. Pricing is subject to change. 113
Billing Schedule Amount (USD)
Year 1
At Contract Signing $40,800.00
Annual Recurring after Year 1 $40,000.00
Contract Total $200,800.00
*Tax not included

Discounts Applied Amount (USD)
Flock Safety Platform $40,000.00
Flock Safety Add-ons $0.00
Flock Safety Professional Services $0.00

114

Product and Services Description

Flock Safety Platform Items Product Description
Flock Safety Falcon ® An infrastructure-free license plate reader camera that utilizes Vehicle Fingerprint® technology to capture vehicular attributes.

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

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AGENDA ITEM NO. 12

AGENDA TRANSMITTAL

MEETING DATE:

June 20, 2023

CITY AGENDA ITEM:

Council Adoption of Resolution No. 2023-___: Authorizing the Mayor to send a letter in opposition to AB 1637 (Irwin).

FISCAL IMPACT:

There is no impact to the General Fund for this action.

STRATEGIC PLAN:

Provide Good Governance.

BACKGROUND:

The League of California City has requested letters opposing AB 1637 (Irwin). AB 1637 would require cities and counties to secure and utilize their website through a new .gov or ca.gov domain no later than January 1, 2027. It would also require all of our employee email addresses to reflect the updated domain within the same timeframe.

STAFF REPORT:

The most significant reasons for the City to oppose this bill have to do with cost and complexity of the migration. Suisun City already has an established online presence with a different domain. Transitioning to a .gov or a ca.gov domain can be a complex and time-consuming process. It will involve redirecting URLs, updating email addresses, and ensuring compatibility with existing systems, potentially leading to disruptions in services and user experience during the transition.

Doing so is a significant lift that will be expensive and time consuming for staff to do all of this, especially since we just finished a complete upgrade to our website.

This bill contains NO state appropriation and is not contingent on any state funds, so it is essentially another unfunded mandate. Migrating to a new domain (and corresponding email addresses) would require significant investment, adversely impacting critical services and programs.

AB 1637 will result in confusion and frustration as residents are redirected from their trusted local agency website to an unfamiliar website.

AB 1637 hurts smaller entities the hardest. Those without dedicated IT staff or resources will have to contract out to meet the proposed deadline.

AB 1637 does not add any layer of new protection against cyber security threats.

STAFF RECOMMENDATION:

It is recommended that the City Council adopt Resolution No. 2023- ___: Authorizing the Mayor to send a letter in opposition to AB 1637 (Irwin).

DOCUMENTS ATTACHED:
1 .

Resolution No. 2023-___: Authorizing the Mayor to send a letter in opposition to AB 1637 (Irwin)
2 .

Letter opposing AB 1637

PREPARED BY:

Greg Folsom, City Manager

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ATTACHMENTS:
1 Resolution Authorizing the Mayor to send a Letter in Opposition to AB 1637 (Irwin).pdf 2 Letter Opposing AB 1637.pdf
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RESOLUTION NO. 2023 -

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUISUN

CITY AUTHORIZING THE MAYOR TO SEND A LETTER IN
OPPOSITION TO AB 1637 (IRWIN)

WHEREAS, AB 1637 would require cities and counties to secure and utilize their website through a new .gov or ca.gov domain no later than January 1, 2027; and

WHEREAS, AB 1637 would require all employee email addresses to reflect the updated domain within the same timeframe; and

WHEREAS, migrating to a new domain (and corresponding email addresses) would require significant investment, adversely impacting critical services and programs; and

WHEREAS, AB 1637 does not add any layer of new protection against cyber security threats; and

WHEREAS, this bill contains no state appropriation and is not contingent on any state funds, so it is essentially another unfunded mandate

NOW, THEREFORE, The City Council of The City of Suisun City Authorizes the Mayor to Send a Letter of Opposition to AB 1637 (Irwin)

PASSED AND ADOPTED at the Regular Meeting of the Cit y Council of the City of Suisun City duly held on June 20, 2023, 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 June 2023.

_________________________________
Anita Skinner
City Clerk

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DEPARTMENTS: AREA CODE (707)
ADMINISTRATION 421- 7300  DEVELOPMENT SERVICES 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 OF SUISUN CITY
701 Civic Center Blvd.

Suisun City, California 94585
Incorporated October 9, 1868

CITY COUNCIL
Alma Hernandez, Mayor
Princess Washington, Mayor Pro-Tem
Jenalee Dawson
Marlon L. Osum
Amit Pal

CITY COUNCIL MEETING
First and Third Tuesday
Every Month

J
une 20, 2023
T
he Honorable Anna Caballero
Chair, Senate Governance and Finance Committee
State Capitol, Room 407
Sacramento, CA 95814
RE
: AB 1637 (Irwin) Websites: Domain Names.

OPPOSE (As Amended 5/18/2023)
D
ear Senator Caballero,
T
he City of Suisun City regretfully must oppose Assembly Bill 1637 (Irwin) that would require cities and counties to secure and utilize their website through a new .gov or ca.gov domain no later than January 1, 2027. It would also require all of our employee email addresses to reflect the updated domain within the same time frame.

While we appreciate the intended goal of this measure and the perceived benefits that some believe utilizing a new domain may provide, we remain deeply concerned about the added costs associated with migrating to a new domain and corresponding email add resses that will adversely impact core principal programs and activites; confusion and frustration that will be created by forcing a new website to be utilized; the lack of any resources to better assist local agencies of varying sizes and capabilities wit h complying; and the absence of any study, review or report of capability gaps for the state to evaluate, adopt and share best practices. These recommendations were outlined in the Department of Homeland Security Notice of Funding Opportunity (NOFO) for State and Local Cybersecurity grant Program but failed to be included in AB 1637.

Su
isun City already has an established online presence with a different domain. Transitioning to a .gov or a ca.gov domain can be a complex and time-consuming process. It will involve redirecting URLs, updating email addresses, and ensuring compatibility with existing systems, potentially leading to disruptions in services and user experience during the transition. Doing so is a significant lift that will be expensive and time consuming for our staff to do all of this, especially since we just finished a complete upgrade to our website. 120

For these reasons, the City of Suisun City respectfully must oppose AB 1637 (Irwin).

Respectfully submitted,

Mayor Alma Hernandez

cc: The Honorable Jacqui Irwin
Members, Senate Governance and Finance Committee
Senator Bill Dodd
Assemblymember Lori D. Wilson
Nancy Bennett, via email: [email protected]
League of California Cities (via email: [email protected])

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AGENDA ITEM NO. 13

AGENDA TRANSMITTAL

MEETING DATE:

June 20, 2023

CITY AGENDA ITEM:

Council Adoption of Resolution No. 2023-___: Declaring its Intention to Establish a Community Facilities District and to Authorize the Levy of Special Taxes (Meridian West).

FISCAL IMPACT:

There would be an impact to the General Fund from this item. Once the Community Facilities District (CFD) is formed, the Meridian West project will begin to contribute funds towards Safety Services such as police and fire. The formation of Community Facilities District No. 5 meets the fiscal criteria as established by Resolution No. 2005-69 Cost Recovery Policy for New Development, dated October 4, 2005. Community Facilities District No. 5 is intended to offset Municipal Service costs, including administrative costs, thereby reducing the negative fiscal impact of new development on the City’s General Fund.

STRATEGIC PLAN:

Provide Good Governance.

BACKGROUND:

New developments within the City are usually annexed to another City CFD, CFD No. 2; however, this project requires additional maintenance and services that are not authorized under CFD No. 2. As such, the City has received a petition from the property owner of the Meridian project to form a new CFD to pay for the services authorized in CFD 2 (all related administrative costs, related reserves for replacement of vehicles and equipment, police services; fire protection services; paramedical services; services for the maintenance of parks, parkways and open space [landscaping]; and services for the maintenance of storm drains), plus two items that were not authorized under CFD No. 2 (dredging maintenance and streetlight maintenance).

STAFF REPORT:

The process to form the new Communities Facilities District (CFD) No. 5 includes the following:

Accept the petition by property owner requesting that the City form the District. (6/20/2023) Adopt a Resolution of Intention to Establish CFD No. 5. (6/20/2023) Record the CFD boundary map with the County Recorder. (by 7/5/2023) Publish a hearing notice. (by July 25, 2023)
File a CFD Report with the City Council. (8/8/2023)
Conduct a Public Hearing. (8/8/2023)
Adopt a resolution forming CFD No. 5. 8/8/2023)
Adopt a resolution calling for a special election. (8/8/2023) Conduct the special election. (8/8/2023)
Adopt a resolution certifying the election results. (8/8/2023) Introduce an Ordinance ordering the tax levy. (8/8/2023) Adopt the Ordinance ordering the tax levy. (8/22/2023)
Record the Notice of Special Tax Lien with the County Recorder. (by 8/23/2023) Publish the Ordinance. (by 9/6/2023)

STAFF RECOMMENDATION:

It is recommended that the City Council Adopt Resolution No. 2023- 123
___: Declaring its Intention to Establish a Community Facilities District and to Authorize the Levy of Special Taxes.

DOCUMENTS ATTACHED:
1 .

Resolution No. 2023-__: Declaring its Intention to Establish a Community Facilities District and to Authorize the Levy of Special Taxes (Meridian West). a
.

Proposed Boundaries of the District Map
b
.

Description of Services to be Financed by the District
c
.

Rate and Method of Apportionment of Special Tax
d
.

Notice of Public Hearing

PREPARED BY:

Amanda Dum, Management Analyst II
REVIEWED BY:

Nouae Vue, Public Works Director
APPROVED BY:

Greg Folsom, City Manager

ATTACHMENTS:
1 Resolution Declaring its Intention to Establish a Community Facilities District and to Authorize the Levy of Special Taxes.pdf
a
Proposed Boundaries of the District Map.pdf
b
Description of Services to be Financed by the District.pdf c
Rate and Method of Apportionment of Special Tax.pdf
d
Notice of Public Hearing.pdf
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RESOLUTION NO. 2023-

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

DECLARING ITS INTENTION TO ESTABLISH A COMMUNITY

FACILITIES DISTRICT AND TO AUTHORIZE THE LEVY OF

SPECIAL TAXES

CITY OF SUISUN CITY
COMMUNITY FACILITIES DISTRICT NO. 5
(PUBLIC SAFETY, MAINTENANCE & DREDGING SERVICES)

WHEREAS, under the Mello-Roos Community Facilities Act of 1982 (Sections 53311 and following, California Government Code; hereafter referred to as the “Act”), the City Council of City of Suisun City (the “City Council”) may commence proceedings for the establishment of a community facilities district, and
WHEREAS, the City Council has received petitions (including waivers) satisfying all of the requirements of Section 53319 of the Government Code submitted on behalf of the landowners proposing to establish a community facilities district within the District under the terms of the Act, to provide for the costs of operating and maintaining Public Safety, Maintenance & Dredging Services and appurtenant facilities, and this City Council now desires to commence proceedings to establish a community facilities district (the “District”) as described herein; and
WHEREAS, under the Act, the City Council is the legislative body for the proposed District and is empowered with the authority to establish the District and levy special taxes within the District; and
WHEREAS, the City Council now desires to proceed with the actions necessary to consider the establishment of the District.

NOW, THEREFORE, IT IS HEREBY ORDERED, as follows:

1. The City Council proposes to begin the proceedings necessary to establish the District pursuant to the Act.

2. The name of the proposed District is City of Suisun City, Community Facilities District No. 5 (Public Safety, Maintenance & Dredging Services).

3. The proposed boundaries of the District are as shown on the map of the District on file with the City Clerk, a copy of which is attached hereto as Exhibit A, which Exhibit is by this reference incorporated herein. The proposed boundaries are hereby preliminarily approved. The City Clerk is hereby directed to record, or cause to be recorded, the map of the boundaries of the District in the office of the Solano County Recorder as soon as practicable after the adoption of this Resolution.

4. The type of services proposed to be financed by the District and pursuant to the Act shall consist of those services described in Exhibit B hereto, which Exhibit is by this reference incorporated herein (the “Services”).
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Resolution No. 2023-
Adopted

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5. Except where funds are otherwise available, a special tax sufficient to pay the costs thereof, secured by recordation of a continuing lien against all non-exempt real property in the District, will be levied annually within the District and collected in th e same manner as ordinary ad valorem property taxes or in such other manner as this City Council or its designee shall determine, including direct billing of the affected property owners. The proposed rate and method of apportionment of the special tax amo ng the parcels of real property within the District, in sufficient detail to allow each landowner within the proposed District to estimate the maximum amount such owner will have to pay, are described in Exhibit C attached hereto, which Exhibit is by this reference incorporated herein.

6. The City Council finds that the provisions of Section 53313.6, 53313.7 and 53313.9 of the Act (relating to adjustments to ad valorem property taxes and schools financed by a community facilities district) are inapplicable to the District.

7. The levy of said proposed special tax shall be subject to the approval of the qualified electors of the District at a special election. The proposed voting procedure shall be by mailed or hand-delivered ballot among the landowners in the proposed District, with each landowner having one vote for each acre or portion of an acre of land such landowner owns in the District.

8. Except as may otherwise be provided by law or the rate and method of apportionment of the special tax for the District, the following properties are exempt from the Special Tax: (i) properties or entities of the state, federal, or local governments, except as provided in Section 53340(c) of the Government Code; (ii) properties receiving a welfare exemption under subdivision (g) of Section 214 of the Revenue and Taxation Code; and (iii) properties otherwise exempt by law.

9. The Director of Finance of the City of Suisun City is hereby directed to study the proposed Services and to make, or cause to be made, and file with the City Clerk a report in writing, presenting the following:
(a) A brief description of the Services.
(b) An estimate of the fair and reasonable initial annual cost of providing the Services, including the incidental expenses in connection therewith, any City of Suisun City administration costs and all other related costs.

Said report shall be made a part of the record of the public hearing provided for below.

10. Tuesday, August 8, 2023, at 6:30 p.m., or as soon thereafter as the matter may be heard, at the City Council Chambers, 701 Civic Center Boulevard, Suisun City, California, and the same are hereby appointed and fixed as the time and place when and where this City Council, as legislative body for the District, will conduct a public hearing on the establishment of the District and consider and finally determine whether the public interest, convenience and necessity require the formation of the District and the levy of said special tax.

11. The City Clerk is hereby directed to cause notice of said public hearing to be given by publication one time in a newspaper published in the area of the District. The publication of said notice shall be completed at least seven days before the date herein set for said hearing. The notice shall be substantially in the form of Exhibit D hereto.

12. This Resolution shall take effect upon its adoption. 126

Resolution No. 2023-
Adopted

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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 June 2023, 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 June 2023.

Anita Skinner
City Clerk
127
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Legend
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PROPOSED BOUNDARIES OF

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FILED IN THE OFFICE OF THE CITY CLERK THIS_ DAY OF __ � 20_.

CITY CLERK

CITY OF SUISUN CITY

SOLANO COUNTY, CALIFORNIA

I HEREBY CERTIFY THAT THE IMTHIN MAP SHOIMNG PROPOSED BOUNDARIES OF COMMUNITY FACILITIES DISTRICT NO. 5 (PUBLIC SAFETY, MAINTENANCE & DREDGING SERVICES), CITY OF SUISUN CITY, COUNTY OF SOLANO, STATE OF CALIFORNIA. WAS APPROVED BY THE CITY COUNCIL OF THE CITY OF SUISUN CITY AT A REGULAR MEETING THEREOF, HELD ON THE _ DAY OF ___ , 20_, BY ITS RESOLUTION NO.

CITY CLERK

CITY OF SUISUN CITY

SOLANO COUNTY, CALIFORNIA
FILED THIS _ DAY OF --� 20� AT THE HOUR OF _ O'CLOCK _M. IN BOOK __ OF MAPS OF ASSESSMENT AND COMMUNITY FACILITIES DISTRICTS AT PAGE -� IN THE OFFICE OF THE COUNTY RECORDER IN THE COUNTY OF SOLANO, STATE OF CALIFORNIA.

COUNTY RECORDER

COUNTY OF SOLANO, CALIFORNIA

FOR PARTICULARS OF THE LINES AND DIMENSIONS OF ASSESSOR PARCELS, REFERENCE IS MADE TO THE MAPS

OF THE ASSESSOR, COUNTY OF SOLANO, STATE OF CALIFORNIA

CITY OF SUISUN CITY
Souroe: Solano County GIS
Geographic Coordinate Reference: GCS North American 1983 Projection: NAD 1983 StatePlane California II FIPS 0402 Feet D
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EXHIBIT B

CITY OF SUISUN CITY
COMMUNITY FACILITIES DISTRICT NO. 5
(PUBLIC SAFETY, MAINTENANCE & DREDGING SERVICES)

DESCRIPTION OF SERVICES TO BE FINANCED BY THE DISTRICT
It is intended that the District will be eligible to fund all or a portion of the direct and incidental costs of police services; fire protection services; paramedical services; services for the maintenance of parks, parkways and open space (landscaping); services for the maintenance of storm drains; dredging maintenance; and streetlight maintenance; and related appurtenances, within or adjacent to the District.

The District may fund any of the following related to the maintenance of the services described in the preceding paragraph: obta ining, constructing, reconstructing, furnishing, and operating and maintaining equipment, apparatuses or facilities related to providing the services; equipment, apparatuses, facilities, or fixtures in areas to be maintained; paying the salaries and benefits of personnel necessary or convenient to provide the services; payment of insurance costs and other related expenses; and the provision of reserves for repairs, replacements, and for the future provision of services. It is expected that the services will be provided by the City, either with its own employees or by contract with third parties, or any combination thereof. The District may also fund administrative fees of the City related to the District.

The services to be financed by the District are in addition to those provided in the territory of the District before the date of creation of the District and will not supplant services already available within that territory when the District is created.

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RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX

CITY OF SUISUN CITY
COMMUNITY FACILITIES DISTRICT NO. 5
(PUBLIC SAFETY, MAINTENANCE & DREDGING SERVICES)
A Special Tax shall be levied and collected in the City of Suisun City Community Facilities District No. 5 (Public Safety, Maintenance & Dredging Services) (“CFD 5”) each Fiscal Year, in an amount determined by the application of the procedures described below. All taxable property (as defined below) in CFD 5, unless exempted by the provisions hereof, shall be taxed for the purposes, to the extent and in the manner herein provided.

I. DEFINITIONS
The terms used herein shall have the following meanings:
“Accessory Dwelling Unit” or “ADU” means all Assessor’s Parcels of Residential Property for which a building permit(s) has been issued for an “Accessory Dwelling Unit” as defined in in California Government Code Section 65852.2(j)(1), as may be amended from time to time, that is accessory to a primary Unit.

The ADU may be located on the same Assessor’s Parcel as the primary Unit or on a separate Assessor’s Parcel. For purposes of clarification, where an ADU and primary Unit are on the same Assessor’s Parcel, the ADU located on such Assessor’s Parcel is considered a separate Unit from the primary Unit on such Assessor’s Parcel for purposes of the Special Tax and both Units will be taxed. Should an Assessor’s Parcel contain only an ADU, such Assessor’s Parcel will be taxed as an ADU Unit only. “Act” means the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5, Division 2 of Title 5 of the Government Act of the State of California. “Administrative Expenses” means the following actual or reasonably estimated costs directly related to the administration of CFD 5: the costs of computing the Annual Special Tax Requirement, and the annual Special Tax and of preparing the annual Special Tax collection schedules; the costs of collecting the Special Tax, including any charges levied by the County Auditor’s Office, Tax Collector’s Office or Treasurer’s Office; the costs of the City or designee in complying with the disclosure requirements of the California Government Code (including the Act), including public inquiries regarding the Special Tax; the costs of the City or designee related to an appeal of the Special Tax; and the costs of commencing and pursuing to completion any action arising from any delinquent Special Tax in CFD 5. “Annual Services Costs” means the amounts required to fund services authorized to be funded by CFD 5. “Annual Special Tax Requirement” means that amount with respect to CFD 5 determined by the City Council or designee as required in any Fiscal Year to pay: (1) the Administrative Expenses, (2) the Annual Services Costs, ( 3) any amount required to establish or replenish any reserve or replacement fund established in connection with CFD 5, and (4) any reasonably anticipated delinquent Special Tax based on the delinquency rate for any Special Tax levied in the previous Fiscal Year. “Assessor’s Data” means Units or other information contained in the records of the County Assessor for each Assessor’s Parcel.
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“Assessor’s Parcel” or “Parcel” means a lot or parcel shown in an Assessor’s Parcel Map with an assigned Assessor’s Parcel Number.
“Assessor’s Parcel Map” means an official map of the Assessor of the County designating parcels by Assessor’s Parcel Number.
“Assessor’s Parcel Number” means, with respect to an Assessor’s Parcel, that number assigned to such Assessment’s Parcel by the County Assessor for purposes of identification. “Building Permit” means a permit issued by the City for new construction of a re sidential building on an Assessor’s Parcel.
“Building Square Feet” or “BSF” means all of the square footage of living area within the perimeter of a residential structure, not including any carport, walkway, garage, overhang, patio, enclosed patio, or similar area. The determination of Building Square Feet shall be made by reference to the building permit(s) issued for such residential Unit . In the event that the building permit does not sh ow Building Square Feet, other records of the City or Assessor’s Data shall be used as determined by the CFD Administrator.
“CFD 5” means the City of Suisun City Community Facilities District No. 5 (Public Safety, Maintenance & Dredging Services), County of Solano, State of California. “CFD Administrator” means an official of the City, or designee or agent or consultant, responsible for administering the Special Tax in accordance with this Rate and Method of Apportionment. “City” means the City of Suisun City, County of Solano, California. “City Council” means the City Council of the City, acting as the legislative body of CFD 5. “County” means the County of Solano, California.
“Developed Property” means, in any Fiscal Year, all Taxable Property in CFD 5 for which a building permit for new construction was issued by the City prior to June 1 of the preceding Fiscal Year. “Exempt Property” means any property located within the boundaries of CFD 5 which is exempt from the Special Tax pursuant to Section V below.
“Fiscal Year ” means the period from July 1 st of any calendar year through June 30 th of the following calendar year.
“Maximum Special Tax” means the maximum Special Tax authorized to fund the Annual Services Costs in any Fiscal Year that may apply to Taxable Property as described in Section III. “Mixed-Use Property” means all Assessor’s Parcels of Developed Property for which a Building Perm it was issued for a structure that contains more than one Property Type. For an Assessor’s Parcel of Mixed- Use Property, each Property Type is subject to taxation pursuant to section C below. “Multi-Family Property” means all Assessor’s Parcels of Residential Property for which a building permit(s) has been issued for a residential structure consisting of two or more Units that share common walls that do not have separate Assessor’s Parcel Numbers assigned to each Unit, and are available for rental by the general public, not for sale to an end user, and under common management. 131

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“Non-Residential Property” means all Assessor’s Parcels of Developed Property with for -profit commercial or industrial uses.
“Property Owner’s Association” means any property owner’s association. As used in this definition, a Property Owner’s Association includes any home-owner’s association, condominium owner’s association, master or sub-association.
“Property Owner’s Association Property” means any property within the boundaries of CFD 5 which is (a) owned by a Property Owner’s Association or (b) designated with specific boundaries and acreage on a final subdivision map as property owner association property. “Property Type” means any of the classes listed in Table 1. “Proportionately” means, for Developed Property that the ratio of the Special Tax levy to the Maximum Special Tax are equal for all Assessors’ Parcels of Developed Property within CFD 5. “Public Property” means any property within the boundaries of CFD 5 owned by, irrevocably offered or dedicated to, or for which an easement for purposes of public or private road right -of-way making the property unusable for any other purpose has been granted to the federal government, the State of California, the County, the City, or any local government or other public agency. “Rate and Method of Apportionment” means this Rate and Method of Apportionment of Special Taxes for CFD 5.
“Residential Property” means all Assessor’s Parcels of Developed Property for which a Building Permit has been issued for purposes of constructing one or more residential Units. “Single Family Residential Attached Property” means all Assessor’s Parcels of Residential Property for which a building permit(s) has been issued for a residential structure consisting of two or more Units that share common walls that have separate Assessor’s Parcel Numbers assigned to each Unit, may be purchased by individual homebuyers, including such residential structures that meet the statutory definition of a condominium project contained in Civil Code Section 4125, according to Assessor’s Data or as otherwise known by the CFD Administrator.
“Single Family Residential Detached Property” means all Assessor’s Parcels of Residential Property for which a building permit(s) has been issued for a residential structure consisting of one Unit that does not share a common wall with another Unit, and may be purchased by individual homebuyers, according to Assessor’s Data or as otherwise known by the CFD Administrator. “Special Tax (es)” means the amount levied in each Fiscal Year on each Assessor’s Parcel of Taxable Property to fund the Annual Special Tax Requirement.
“Tax Escalation Factor” means on July 1 of each Fiscal Year, commencing on July 1, 202 3, the Maximum Special Tax as shown in Section III shall be increased by a minimum of two percent (2%) to a maximum of six percent (6%), determined by the CFD Administrat or on an annual basis as needed to increase the Maximum Special Tax to satisfy the Special Tax Requirement for the succeeding and future Fiscal Years. “Tax Zone” means a mutually exclusive geographic area within which the Special Tax may be levied pursuant to this Rate and Method of Apportionment. All the Taxable Property within CFD 5 at the time 132

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of its formation is within Tax Zone No. 1. Additional Tax Zones may be created when property is annexed to CFD 5, and a separate Maximum Special Tax shall be identified for property within each new Tax Zone at the time of such annexation. The Assessor’s Parcels included within a new Tax Zone when such Parcels are annexed to CFD 5 shall be identified by Assessor’s Parcel number in the annexation documents at the time of annexation.
“Taxable Property” means all Parcels within the boundary of CFD 5 that are not Exempt Property, or exempt from the Special Tax pursuant to the Act.
“Undeveloped Property” means all Parcels within CFD 5 that are not Developed Property , Property Owner’s Association Property, or Public Property.
“Unit” means (i) for Single Family Residential Detached Property, an individual single family detached residential unit , and (ii) an ADU . The number of Units assigned to each Assessor’s Parcel may be determined by (i) referencing Assessor’s Data, (ii) site surveys and physical unit counts, and/or (iii) other research by the CFD Administrator.
“Welfare Exempt Property” means, in any Fiscal Year, all Parcels within the boundaries of CFD 5 that (a) have been granted a welfare exemption by the County under subdivision (g) of Section 214 of the Revenue and Taxation Code indicated in the Assessor’s Data finalized as of January 1 of the previous Fiscal Year, and (b) are exempt from the Special Tax pursuant to Section 53340(c) of the Act.

II. DETERMINATION OF TAXABLE PARCELS
Each Fiscal Year, the CFD Administrator shall determine the Assessor’s Parcel Numbers for all Taxable Property within CFD 5 for the then -current Fiscal Year. To the extent a Parcel of Taxable Property is subdivided, consolidated, or otherwise reconfigured, the Maximum Special Tax shall be assigned to the new Assessor’s Parcel Number(s) pursuant to Section III. The CFD Administrator shall also determine: (i) the Tax Zone within which each Parcel is located ; (2) which Parcels are Developed Property and Undeveloped Property; (ii) the number of Units each Parcel contains; (iii) the property type, i.e., Single Family Residential Detached Property or Accessory Dwelling Unit; and (iv) the Annual Special Tax Requirement for the Fiscal Year.

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III. MAXIMUM ANNUAL SPECIAL TAX RATES
The Maximum Special Tax for each Assessor’s Parcel of Taxable Property within Tax Zone No. 1 shall be assigned according to the table below.

TABLE 1

MAXIMUM SPECIAL TAX RATES
TAX ZONE NO. 1
FISCAL YEAR 2023/24*
Property Type
Maximum Special
Tax Rate Per
Single Family Residential Detached Property $1,596.16 Unit Single Family Residential Attached Property 0.00 Unit
Multi-Family Property 0.00 Unit
Non-Residential Property 0.00 BSF
Accessory Dwelling Uni See below Unit
Mixed-Use Property See below Unit/BSF
*On each July 1, commencing on July 1, 202 3, the Maximum Special Tax Rate shall be increased by the Tax Escalation Factor.

Accessory Dwelling Unit
The Maximum Special Tax for an Accessory Dwelling Unit shall be calculated as a percentage of the Maximum Special Tax for the primary Unit the ADU is accessory to, based on Building Square Footage. For example, if a primary Unit of Single Family Residential Detached Property with 2,000 BSF has an ADU of 800 BSF, the Maximum for the ADU Special Tax in Tax Zone No. 1 shall be calculated by the following steps:

1. 800 BSF / 2,000 BSF = 0.40 or 40%

2. $1,596.16 Maximum Special Tax per Unit x 40% = $ 1,276.93 Maximum Special Tax for such ADU
Mixed-Use Property
In some instances, an Assessor’s Parcel of Developed Property may contain more than one Property Type. The Maximum Special Tax assigned to an Assessor’s Parcel of Mixed-Use Property shall be the sum of the Maximum Special Tax for all property uses located on that Assessor’s Parcel.

IV. SPECIAL TAX - METHOD OF APPORTIONMENT
All Taxable Property shall be subject to a Special Tax defined as follows. The Special Tax shall be levied each Fiscal Year by the CFD Administrator.

The Annual Special Tax Requirement shall be apportioned to each Parcel within CFD 5 by the method shown below.
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First. Determine the Annual Special Tax Requirement.

Second. Levy the Special Tax on each Parcel of Developed Property, Proportionately, up to the applicable Maximum Special Tax to satisfy the Annual Special Tax Requirement.

Under no circumstances will the Special Tax on any Assessor’s Parcel of used for private residential purposes be increased by more than 10% as a consequence of delinquency or default by the owner of any other Assessor’s Parcel within CFD 5.

V. FORMULA FOR PREPAYMENT OF SPECIAL TAX OBLIGATIONS
The Special Tax may not be prepaid.

VI. EXEMPTIONS
Notwithstanding any other provision of this Rate and Method of Apportionment, no Special Tax shall be levied on Property Owner ’s Association Property, Undeveloped Property, Assessor’s Parcels with public or utility easements making impractical their utilization for any us e other than the purposes set forth in the easement, or Public Property, except as otherwise provided in Sections 53317.3, 53317.5, and 53340.1 of the Act.

No Special Tax shall be levied on any Assessor’s Parcel in any Fiscal Year in which such Assessor’s Parcel is classified as Welfare Exempt Property.

VII. INTERPRETATION OF RATE AND METHOD OF APPORTIONMENT The City reserves the right to make minor administrative and technical changes to this document that do not materially affect the rate and method of apportioning the Special Tax. In addition, the interpretation and application of any section of this document shall be at the City ’s discretion. Interpretations may be made by the City Council by ordinance or resolution for purposes of clarifying any vagueness or ambiguity in this Rate and Method of Apportionment.

VIII. MANNER AND DURATION OF SPECIAL TAX
The Special Tax shall be collected in the same manner and at the same time as ordinary ad valorem property taxes, provided that the City may directly bill the Special Tax, may collect the Special Tax at a different time or in a different manner if needed to meet the financial obligations of CFD 5 , and may collect delinquent Special Taxes through other available methods.

A Special Tax shall continue to b e levied and collected commencing in Fiscal Year 2023/24 to the extent necessary to satisfy the Annual Special Tax Requirement and shall be levied perpetually or for as long as required to satisfy the Annual Special Tax Requirement, as determined by the City.

IX. APPEAL OF SPECIAL TAX LEVY
Any property owner may file a written appeal of the Special Tax with the CFD Administrator claiming that the amount or application of the Special Tax is not correct. The appeal must be filed not later than one calendar year after having paid the Special Tax that is disputed, and the appellant must be current in all payments of the Special Tax. In addition, during the term of the appeal process, all Special Tax levied must be paid on or before the payment date established when the levy was made. 135

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The appeal must specify the reasons why the appellant claims the Special Tax is in error. The CFD Administrator shall review the appeal, meet with the appellant if the CFD Administrator deems necessary, and advise the appellant of its determination.

If the property owner disagrees with the CFD Administrator’s decision relative to the appeal, the owner may then file a written appeal with the City Council whose subsequent decision shall be final and binding on all intereste d parties. If the decision of the CFD Administrator or subsequent decision by the City Council requires the Special Tax to be modified or changed in favor of the property owner, the CFD administrator shall determine if sufficient Special Tax revenue is available to make a cash refund. If a cash refund cannot be made, then an adjustment shall be made to credit the Special Tax in future years.

This procedure shall be exclusive and its exhaustion by any property owner shall be a condition precedent to filing any legal action by such owner.
136

EXHIBIT D

CITY OF SUISUN CITY
COMMUNITY FACILITIES DISTRICT NO. 5
(PUBLIC SAFETY, MAINTENANCE & DREDGING SERVICES)

NOTICE OF PUBLIC HEARING
Notice is hereby given that the City Council of City of Suisun City will conduct a public hearing on Tuesday, August 8, 2023, at 6:30 p.m. or as soon thereafter as the matter may be heard, at the City Council Chambers, 701 Civic Center Boulevard, Suisun City, California, to consider the following:

CITY OF SUISUN CITY
COMMUNITY FACILITIES DISTRICT NO. 5
(PUBLIC SAFETY, MAINTENANCE & DREDGING

SERVICES)
On June 20, 2023, the City Council of City of Suisun City adopted a Resolution entitled “A Resolution of the City Council of City of Suisun City, Declaring Its Intention to Establish a Community Facilities Dis trict and to Authorize the Levy of Special Taxes” (the “Resolution of Intention”). Reference is hereby made to the Resolution of Intention on file in the office of the City Clerk of City of Suisun City for further particulars.

In the Resolution of Intention, the City Council declared its intention to form the City of Suisun City Community Facilities District No. 5 (Public Safety, Maintenance & Dredging Services) (the “District”) to finance the costs of operating and maintaining Public Safety, Maintenance & Dredging Services and appurtenant facilities as further identified in an exhibit to the Resolution of Intention. The proposed boundaries of the District were identified in another exhibit to the Resolution of Intention, and the Resolution of Intention identified a proposed special tax to be levied on real property to be included in the District to pay for costs of the services.

In the Resolution of Intention, the City Council provided that the levy of the special tax will be subject to a mailed ballot election among the owners of land in the District. The City Council ordered the Director of Finance to prepare a report on the District, and the City Council called for a public hearing on the District.

At the hearing, the testimony of all interested persons or taxpayers for or against the establishment of the District, the extent of the District or the furnishing of specified types of services will be heard. Any person interested may file a protest in wr iting with the City Clerk. If fifty percent or more of the registered voters, or six registered voters, whichever is more, residing in the territory proposed to be included in the District, or the owners of one -half or more of the area of land in the territory proposed to be included in the District and not exempt from the special tax file written protests against the establishment of the District and the protests are not withdrawn 137
to reduce the value of the protests to less than a majority, the City Counci l shall take no further action to establish the District or authorize the special taxes for a period of one year from the date of the decision of the City Council, and if the majority protests of the registered voters or the landowners are only against the furnishing of a type or types of services within the District, or against levying a specified special tax, those types of services, or the specified special tax, will be eliminated from the proceedings to form the District.

Any person interested in these matters is invited to attend and present testimony either for or against the above item. If you challenge the proposed action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notic e or in written correspondence delivered to the City Council during or prior to the public hearing.

Anita Skinner, City Clerk
City of Suisun City

138
AGENDA ITEM NO. 14

AGENDA TRANSMITTAL

MEETING DATE:

June 20, 2023

CITY AGENDA ITEM:

Council Adoption of Resolution 2023-___: A Resolution of Intention to Annex Territory to Community Facilities District and to Authorize the Levy of Special Taxes Therein (Tractor Supply Co.).

FISCAL IMPACT:

There would be no impact to the General Fund from this item. The cost of the annexation process is covered by developer supplied funds. The Annexation of the Tractor Supply Co. into Community Facilities District No. 2 meets the fiscal criteria as established by Resolution No. 2005- 69 Cost Recovery Policy for New Development, dated October 4, 2005. The Community Facilities District is intended to offset Municipal Service costs, including administrative costs, thereby reducing the negative fiscal impact of new development on the City’s General Fund.

STRATEGIC PLAN:

Provide Good Governance and Ensure Public Safety.

BACKGROUND:

As part of Tractor Supply Co.’s conditions of approval, the developer is required to mitigate the impact on city services due to the new development. In accordance with the development conditions imposed on development project, the landowner is annexing to Community Facility District No. 2 to offset municipal service costs for police, fire, and paramedics.

STAFF REPORT:

The first step in the legislative process for annexation of the Tractor Supply Co. into Community Facility District No. 2 is for Council to pass a Resolution of Intention.

STAFF RECOMMENDATION:

It is recommended that the City Council Adopt Resolution No. 2023- __: A Resolution of Intention to Annex Territory to Community Facilities District and to Authorize the Levy of Special Taxes Therein (Tractor Supply Co.).

DOCUMENTS ATTACHED:
1 .

Resolution No. 2023-___: A Resolution of Intention to Annex Territory to Community Facilities District and to Authorize the Levy of Special Taxes Therein (Tractor Supply Co.). 2 .

Annexation Map.
3 .

Community Facilities District #2 Rate and Method of Apportionment.

PREPARED BY:

Amanda Dum, Management Analyst II
REVIEWED BY:

Nouae Vue, Public Works Director
APPROVED BY:

Greg Folsom, City Manager

ATTACHMENTS:
1 Resolution of Intention to Annex Territory to Community Facilities District and Authorize the Levy of Special Taxes Therein.pdf
2 Annexation Map.pdf
3 Community Facilities District No. 2 Rate and Method of Appointment.pdf 139
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RESOLUTION NO. 2023-

A RESOLUTION OF INTENTION TO ANNEX TERRITORY TO

COMMUNITY FACILITIES DISTRICT AND TO AUTHORIZE THE
LEVY OF SPECIAL TAXES THEREIN (TRACTOR SUPPLY CO.)

Annexation No. 17 (Tractor Supply Co.)

RESOLVED by the City Council (the “Council”) of the City of Suisun City (the “City”), County of Solano, State of California, that:

WHEREAS, this Council has conducted proceedings to establish Community Facilities District No. 2 (Municipal Services) (the “CFD”) pur suant to the Mello -Roos Community Facilities Act of 1982, as amended (the "Act"), Chapter 2.5 of Part 1 of Division 2 of Title 5, commencing at Section 53311, of the California Government Code; and WHEREAS, under the Act, this Council, as the legislative body for the CFD, is empowered with the authority to annex territory to the CFD, and now desires to undertake proceedings to annex territory to the CFD.

NOW, THEREFORE, IT IS HEREBY ORDERED as follows:

1. Findings. This Council hereby finds and determines that public convenience and necessity require that territory be added to the CFD.

2. Territory Described. The name of the existing CFD is “City of Suisun City Community Facilities District No. 2 (Municipal Services).” The territory originally included in the existing CFD is set forth in the map of the CFD heretofore recorded in the Solano County Recorder’s Office on October 27, 2005, in Book 23 at Page 60 of Maps of Assessment and Community Facilities Districts, to which map reference is hereby made, as such map has been supplemented in connection with subsequent annexations.

The territory now proposed to be annexed to the CFD is as shown on the Annexation Map for the captioned Annexation No. 17 (Tractor Supply) to the CFD, on file with the Clerk , the boundaries of which territory are hereby preliminarily approved and to which map reference is hereby made for further particulars. The City Clerk is hereby directed to cause to be recorded such Annexation Map, showing the territory to be annexed, in the office of the County Recorder of the County of Solano within 15 days of the date of adoption of this resolution.

3. The Services. The types of public services financed by the CFD and pursuant to the Act consist of those municipal services (the “Services”) as described in Exhibit A to the Resolution of Formation with respect to the CFD adopted by the Council as Resolution No. 2005- 89 on November 15, 2005 (the “Resolution of Formation”). It is presently intended that the Services will be provided, without preference or priority, to the existing territory in the CFD and the territory proposed to be annexed to the CFD.

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Resolution No. 2023-
Adopted

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4. Special Tax. Except to the extent that funds are otherwise available to the CFD to pay for the Services, a special tax sufficient to pay the costs thereof is intended to be levied annually within the CFD and collected in the same manner as ordinary ad valorem property taxes.

The special tax proposed to pay for Services to be supplied within the territory proposed to be annexed will be equal to the special taxes levied to pay for the same Services in the CFD, except that a higher or lower tax may be levied within the territory proposed to be annexed or to be annexed in the future to the extent that the actual cost of providing the Services in that territory is higher or lower than the cost of providing those Services in the CFD.

The proposed rate and method of apportionment of the special tax among the parcels of real property within the CFD, as now in existence and following the annexation proposed herein, in sufficient detail to allow each landowner within the territory proposed to be annexed to the CFD to estimate the maximum amount such owner will have to pay, are described in the Rate and Method.

5. Hearing. Tuesday, August 8, 2023, at 6:30 p.m. or as soon as possible thereafter, in the City Hall, Council Chambers, 701 Civic Center Boulevard, Suisun City, California, be, and the same are hereby appointed and fixed as the time and place when and where this Council, as legislative body for the CFD, will conduct a public hearing on the matters described in this Resolution.

6. Notice. The City Clerk is hereby directed to cause notice of said public hearing to be given by publication one time in a newspaper of general circulation in the area of the CFD, including the area to be annexed to the CFD. The publication of said notice shall be completed at least 7 days before the date herein set for said hearing. The City Clerk may also cause a copy of such notice and a copy of this Resolution to be mailed to each landowner within the territory proposed to be annexed, which notice, and resolution shall be mailed at least 15 days before the date of said hearing. Such notice shall be substantially in the form specified in Section 53339.4 of the Act, with a summary form specifically authorized.

7. Effective Date. This Resolution shall take effect upon its adoption. * * * * * *
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 June 2023, 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 June 2023.

_________________________________
Anita Skinner
City Clerk

142
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REFERENCE IS HEREBY MADE TO THAT CERTAIN MAP ENTITLED "PROPOSED BOUNDARIES OF CITY OF SUISUN CITY COMMUNITY FACILITIES DISTRICT NO. 2 (MUNICIPAL SERVICES), COUNTY OF SOLANO, STATE OF CALIFORNIA," ALED THE 27TH DAY OF OCTOBER, 2005, AT THE HOUR OF IN BOOK 23 OF MAPS OF ASSESSMENT AND COMMUNITY FACILITIES DISTRICT AT PAGE 60, IN THE OFFICE OF THE COUNTY RECORDER OF THE COUNTY OF SOLANO, STATE OF CALIFORNIA, WHICH THIS ANNEXATION MAP AFFECTS.

1.FILED IN THE OF ACE OF THE CITY CLERK OF THE CITY OF SUISUN CITY THIS_ DAY OF ___ , 20_.

CITY CLERK

2.1 HEREBY CERTIFY THAT THE WITHIN MAP SHOWING PROPOSED BOUNDARIES OF ANNEXATION NO. 17 TO CITY OF SUISUN CITY COMMUNITY FACILITIES DISTRICT NO. 2 (MUNICIPAL SERVICES), COUNTY OF SOLANO. STATE OF

CALIFORNIA, WAS APPROVED BY THE CITY COUNCIL OF THE CITY OF SUISUN CITY, AT A MEETING THEREOF, HELD ON THE_ DAY OF ___ , 20_, BY ITS RESOLUTION NO._.

CITY CLERK

3.FILED THIS DAY OF , 20 , AT THE HOUR OF O'CLOCK .M., IN BOOK OF MAPS OF

ASSESSMENT AND COMMUNITY FACILITIESDISTRICTS, AT PAGE- IN THE OFFICE OF THE COUNTY RECORDER IN THE COUNTY OF SOLANO, STATE OF CALIFORNIA.
-

COUNTY RECORDER,

COUNTY OF SOLANO

CITY OF SUISUN CITY
Source: Solano County GIS
Geographic Coordinate Reference: GCS North American 1983 Projection: NAO 1983 StateP/ane California II FIPS 0402 Feat D
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CITY OF SUISUN CITY
Community Facilities District No. 2
(Municipal Services)

RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX

A Special Tax applicable to each Assessor’s Parcel in Community Facilities District No. 2 (Municipal Services) (the “CFD”) shall be levied and collected according to the tax liability determined by the City Council, through the application of the appropriate amount or rate for Taxable Property, as described below. All of the property in the CFD, unless exempted by law or by the provisions of Section E below, shall be taxed for the purposes, to the extent, and in the manner herein provided, including property subsequently annexed to the CFD unless a separate Rate and Method of Apportionment of Special Tax is adopted for the annexation area.

A. DEFINITIONS

The terms hereinafter set forth have the following meanings:

“Acre or Acreage” means the land area of an Assessor’s Parcel as shown on an Assessor’s Parcel Map, or if the land area is not shown on an Assessor’s Parcel Map, the land area shown on the applicable final subdivision map or other parcel map recorded at the Solano County Recorder’s Office.

“Act” means the Mello-Roos Community Facilities Act of 1982, as amended, Chapter 2.5 of Part 1 of Division 2 of Title 5 commencing at Section 53311 of the California Government Code.

“Administrator” means the individual(s) designated by the City to administer the CFD in accordance with the authority and powers granted by the City Council.

“Assessor’s Parcel” or “Parcel” means a lot or parcel shown on an Assessor’s Parcel Map with an assigned Assessor’s Parcel number.

“Assessor’s Parcel Map” means an official map of the County Assessor of the County of Solano designating parcels by Assessor’s Parcel number.

“Average Increase” means the annual average increase in the Indices that shall be applied to escalate the Maximum Special Tax each Fiscal Year. The Average Increase shall be calculated in January of each year by (1) referencing the Bureau of Labor Statistics Data to identify the annual percentage increase in each Index as of the end of the prior year, and (2) taking the average of these two percentages. If either Index decreases from one year to the next, the percentage change from the prior year shall be assumed to be zero for purposes of calculating the Average Increase.

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"Building Square Footage" means the total gross square footage of the floor area of the buildings on any Parcel of Non-Residential Property determined by calculating the combined floor area contained within a building's exterior walls including the area of an addition where floor area is increased. Parking areas and ex terior walkways shall not be included in the calculation of Building Square Footage. The determination of Building Square Footage shall be made by reference to appropriate records kept by the City's Building Department.

“CFD-Wide Special Tax” means the M aximum Special Tax identified in Section C.1 below that shall be levied on all Developed Property within the CFD.

“CFD-Wide Special Tax Requirement” means the amount necessary in any Fiscal Year to (i) pay the cost of authorized police, fire, paramedical, storm drain and City-wide landscaping services, (ii) pay administrative expenses of the CFD, and (iii) cure delinquencies in the payment of Special Taxes levied in prior Fiscal Years or (based on delinquencies in the payment of Special Taxes which have al ready taken place) are expected to occur in the Fiscal Year in which the tax will be collected.

“City” means the City of Suisun City.

“City Council” means the City Council of the City of Suisun City, acting as the legislative body of the CFD.

“Developed Property” means, in any Fiscal Year, all Taxable Property for which a building permit for new construction has been issued prior to July 1 of the preceding Fiscal Year.

“Fiscal Year” means the period starting July 1 and ending on the following June 30.

“Indices” means the Consumer Price Indexes for the San Francisco -Oakland-San Jose Urban Wage Earners and Clerical Workers Category and the U.S. City Average Urban Wage Earners and Clerical Workers Category.

“Live/Work Property” means a Parcel on whic h all or a portion of a Unit is deed - restricted for commercial use, as determined in the sole discretion of the City.

“Maximum CFD -Wide Special Tax” means the maximum CFD -Wide Special Tax, determined in accordance with Section C.1 below, that can be levi ed on Taxable Property in any Fiscal Year.

“Maximum Tax Zone Special Tax” means the maximum Tax Zone Special Tax, determined in accordance with Section C.2 below, that can be levied on Taxable Property in any Fiscal Year.

“Multi-Family Property” means, in any Fiscal Year, all Parcels of Developed Property for which a building permit was issued for construction of a residential structure with Units that are offered for rent to the general public.

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“Non-Residential Property” means any Taxable Property within the boundaries of the CFD that is not Live/Work Property, Single Family Detached Property, Single Family Attached Property or Multi-Family Property, as defined herein.

“Public Agency” means the federal government, State of California or other local governments or public agencies.

“RMA” means this Rate and Method of Apportionment of Special Tax.

“Single Family Attached Property” means, in any Fiscal Year, all Parcels of Developed Property for which a building permit was issued for construction of a residential structure consisting of two or more Units that share common walls and are offered as for -sale units, including such residential structures that meet that statutory definition of a condominium contained in Civil Code Section 1351.

“Single Family Detached Property” means, in any Fiscal Year, all Parcels of Developed Property which meet both of the following criteria: (i) a building permit was issued for construction of a Unit that does not share a common wall with an other Unit, and (ii) the Parcel has not been designated as Live/Work Property.

“Special Tax” means a special tax levied in any Fiscal Year to pay the CFD-Wide Special Tax Requirement or the Tax Zone Special Tax Requirement.

“Taxable Property” means all Assessor’s Parcels within the boundaries of the CFD which are not exempt from the Special Tax pursuant to law or Section E below.

“Tax Zone” means a mutually exclusive geographic area within which a particular Tax Zone Special Tax may be levied pursuant to this RMA. All of the property within the CFD at the time of the CFD formation is within Tax Zone #1; additional Tax Zones may be created when property is annexed into the CFD, and a separate Tax Zone Special Tax shall be identified for property within a new Tax Zone at the time of such annexation.

“Tax Zone Special Tax” means a Special Tax that shall be levied within a particular Tax Zone or Tax Zones but not necessarily levied at a consistent rate throughout the entire CFD.

“Tax Zone Special Tax R equirement” means the amount necessary in any Fiscal Year to pay the cost of authorized landscaping services within a particular Tax Zone. A separate Tax Zone Special Tax Requirement shall be determined each Fiscal Year for each Tax Zone within which a Tax Zone Special Tax is authorized to be levied.

“Unit” means a residential dwelling unit, including individual single -family detached, duplex, triplex, fourplex, townhome, condominium, or apartment units.

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B. DATA FOR ANNUAL ADMINISTRATION OF SPECIAL TAX

After July 1 of each Fiscal Year, the Administrator shall categorize all Parcels of Taxable Property in the CFD as Single Family Detached Property, Single Family Attached Property, Multi- Family Property, Live/Work Property or Non-Residential Property. For each Parcel of Single Family Attached Property, Live/Work Property and Multi -Family Property, the Administrator shall determine the number of Units on the Parcel by referencing the building permit, site plan, condominium plan, apartment plan or other development plan for the Parcel. The Administrator shall determine the Building Square Footage for all Parcels of Non -Residential Property. The Administrator shall also determine the Tax Zone within which each Parcel of Taxable Property is located.

C. MAXIMUM SPECIAL TAX

1. CFD-Wide Special Tax

Table 1 below identifies the Maximum CFD-Wide Special Taxes.

Table 1
City of Suisun City
Community Facilities District No. 2
(Municipal Services)
Maximum CFD-Wide Special Taxes

Land Use Category
Maximum CFD-Wide Special Tax
Fiscal Year 2005-06 *
Single Family Detached Property $629.90 per Unit
Single Family Attached Property $472.43 per Unit
Multi-Family Property $236.21 per Unit
Live/Work Property $629.90 per Unit plus $629.90 per 1,000 square feet (or portion thereof) of non-
residential building and ancillary
improvements
Non-Residential Property The greater of $629.90 per parcel or $629.90 per 1,000 Square Feet (or portion
thereof) of Building Square Footage

* Beginning in January 2006 and each January thereafter, this Maximum Special Tax shall be adjusted by applying the Average Increase, if any, in the Indices. Each annual adjustment of the Maximum Special Tax shall become effective on the subsequent July 1. 147

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2. Tax Zone #1 Special Tax

Table 2 below identifies the Maximum Tax Zone Special Tax for Tax Zone #1. A different Maximum Tax Zone Special Tax shall be identified for Tax Zones added to the CFD as a result of future annexations.

Table 2
City of Suisun City
Community Facilities District No. 2
(Municipal Services)
Maximum Tax Zone Special Taxes for Tax Zone #1

Land Use Category
Maximum CFD-Wide Special Tax
Tax Zone #1
Fiscal Year 2005-06 *
Single Family Detached Property $386.04 per Unit
Single Family Attached Property $289.53 per Unit
Multi-Family Property $144.77 per Unit
Live/Work Property $386.04 per Unit plus $386.04 per 1,000 square feet (or portion thereof) of non-
residential space
Non-Residential Property The greater of $386.04 per Parcel or $386.04 per 1,000 Square Feet (or portion
thereof) of Building Square Footage

D. METHOD OF LEVY AND COLLECTION OF THE SPECIAL TAX

1. CFD-Wide Special Tax

Each Fiscal Year, the CFD -Wide Special Tax shall be levied on all Parcels of Developed Property within the CFD as follows:

Step 1: Determine the CFD -Wide Special Tax Requirement for the Fiscal Year in which the CFD-Wide Special Tax will be collected;

Step 2: Calculate the total CFD -Wide Special Tax revenues that could be collected from Developed Property within the CFD based on application of the Maximum CFD-Wide Special Tax rates determined pursuant to Section C.1 above;

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Step 3: If the amount determined in Step 1 is greater than or equal to the amount calculated in Step 2, levy the Maximum CFD-Wide Special Tax on all Parcels of Developed Property in the CFD.

Step 4: If the amount determined in Step 1 is less than the amount calculated in Step 2, levy the CFD-Wide Special Tax against all Parcels of Developed Property in equal percentages up to 100% of the Maximum CFD-Wide Special Tax for each Parcel until the amount of the CFD -Wide Special Tax levy equals the CFD - Wide Special Tax Requirement for that Fiscal Year.

2. Tax Zone Special Tax

Each Fiscal Year, the Tax Zone Special Tax shall be levied on all Parcels of Developed Property within each Tax Zone as follows:

Step 1: Separately for each Tax Zone, determine the Tax Zone Special Tax Requirement for the Fiscal Year in which the Tax Zone Sp ecial Tax will be collected;

Step 2: Calculate separately for each Tax Zone the total Tax Zone Special Tax revenues that could be collected from Developed Property within the Tax Zone based on application of the Maximum Tax Zone Special Tax rates for that Tax Zone;

Step 3: If the amount determined in Step 1 is greater than or equal to the amount calculated in Step 2, levy the Maximum Tax Zone Special Tax on all Parcels of Developed Property in the Tax Zone.

Step 4: If the amount determined in Step 1 is less than the amount calculated in Step 2, levy the Tax Zone Special Tax against all Parcels of Developed Property within the Tax Zone in equal percentages up to 100% of the Maximum Tax Zone Special Tax for each Parcel until the amount of the Tax Zone Special Tax levy equals the Tax Zone Special Tax Requirement for that Fiscal Year.

The CFD -Wide Special Tax and the Tax Zone Special Tax within the CFD shall be collected in the same manner and at the same time as ordinary ad valorem property taxes, provided, however, that the CFD may (under the authority provided in the Act), in any particular case, bill the taxes directly to the property owner off the County tax roll, and the Special Taxes will be equally subject to penalties and foreclosure if delinquent.

E. LIMITATIONS

Notwithstanding any other provision of this Rate and Method of Apportionment of Special Tax, no Special Tax shall be levied on land that has been conveyed to a Public Agency, except as otherwise provided in Sections 53317.3 and 53317.5 of the Act.

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Suisun City City CouncilJune 20, 2023

Suisun City City Council
June 20, 2023