Suisun City City Council
February 6, 2024

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

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 SUISUN CITY HOUSING AUTHORITY

TUESDAY, FEBRUARY
6, 2024
5:00 PM

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

.
5:00 P.M. CLOSED SESSION
6:30 P.M. REGULAR MEETING

MEETINGS ARE HELD IN-PERSON, PUBLIC PARTICIPATION IS ALSO AVAILABLE VIA ZOOM

ZOOM MEETING INFORMATION:

WEBSITE: https://zoom.us/join
MEETING ID:
825 6952 7975
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. – 809)
(Next City Council Res. No. 2024 – 02)
Next Suisun City Council Acting as Successor Agency Res. No. SA2024 - 01) (Next Housing Authority Res. No. HA2024 – 01)

5:00 P.M CLOSED SESSION

CALL TO ORDER
Mayor Hernandez

ROLL CALL
Council / Board Members

1 1

CONFERENCE WITH REAL PROPERTY NEGOTIATOR
A closed session will be held, pursuant to Government Code § 54956.8, to enable the City Council to consider negotiations with a future Buyer with whom City is negotiating, and to give direction to its negotiator, Interim City Manager Aaron Roth, regarding that certain real property located at 718 Main Street, Assessor’s Parcel Number 0032-141-130. The City’s real property negotiator will seek direction from the City Council regarding the price and terms of payment for the property.

2 PUBLIC EMPLOYEE APPOINTMENT/EMPLOYMENT PERFORMANCE

EVALUATION
A closed session will be held, pursuant to Government Code §54957, to conduct potential employee evaluations for the position of City Manager.

3 CONFERENCE WITH LABOR NEGOTIATOR
A closed session will be held, pursuant to Government Code § 54957.6, with the Interim City Manager, Aaron Roth, Agency negotiator, regarding labor negotiations with the Suisun City Employee’s Association and City Clerk.

4 CONFERENCE WITH LABOR NEGOTIATOR
A closed session will be held, pursuant to Government Code § 54957.6, with the Interim City Manager, Aaron Roth, Agency negotiator, regarding labor negotiations with Suisun City Professional Firefighters’ Association.

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

PUBLIC COMMENT CLOSED SESSION
(In accordance with Section 54956(a), public comments are limited to items on this closed session agenda, and 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 comment period.)

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

RECESS TO CLOSED SESSION (City Manager Conference Room, City Hall)

6:30 RECONVENE OPEN SESSION

CALL TO ORDER
Mayor Hernandez

ROLL CALL
Council / Board Members

PLEDGE OF ALLEGIANCE

INVOCATION
2 5
Interim City Manager Update - (Roth: [email protected]).

6 City Attorney Report - (Taylor/Andrews).

7 Proclamations Presented at Meeting
- (Hernandez: [email protected]):
a
.

Proclamation Recognizing Division Fire Chief Brian Kermoade b
.

Proclamation Proclaiming the Month of February 2024 as "Annual Black History Month
Celebration"

8 Mayoral appointments - (Hernandez: [email protected]):

Code Enforcement Ad Hoc Committee, Discussion and Direction on Scope of Work

9 Council/Board Member Updates.

City Council

10 Council Adoption of Resolution No. 2024-___: Authorizing the Interim City Manager to Execute a contract between the cities of Dixon, Fairfield, Rio Vista, Vallejo, Benicia, Suisun City and Vacaville, California and The Permanente Medical Group, Inc. a California professional medical corporation, to receive medical consultation services for Fire Department Emergency Medical Services programs - (Lopez: [email protected]).

CLOSED SESSION REPORT
Announcement of Actions Taken, if any in Closed Session.

APPROVAL OF REORDERING OF AGENDA

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

REPORTS (Informational items only.)

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.)

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

COUNCIL COMMENTS

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

3 11
Council Adoption of Resolution No. 2024-___: Authorizing the Interim City Manager to Execute a Professional Services Agreement on the City’s Behalf with Bellecci and Associates for the Pedestrian Safety Enhancements Project - (Vue: [email protected]).

12 Council Adoption of Resolution No. 2024-___: Authorizing the Interim City Manager to Execute a Professional Services Agreement on the City’s Behalf with Bellecci and Associates for the T-Section Median Safety Improvements Project - (Vue: [email protected]).

13 Council Adoption of Resolution No. 2024-___: Authorizing the Filing of an Application for the Funding Assigned to the Metropolitan Transportation Commission (MTC) and Committing Necessary Matching Funds and Stating Assurance to Complete the Suisun City EV Station Installation Project - (Vue: [email protected]).

14 Council Adoption of Resolution No. 2024-__: Approving a Maintenance Agreement with Caltrans for the Implementation of Suisun City’s Green Stormwater Infrastructure Project along the Eastern Perimeter of the Park and Ride Lot - (Vue: [email protected]).

15 Council Adoption of Resolution No. 2024-__: Resolution Adopting a List of Projects for Fiscal Year 2024-25 Funded by Senate Bill 1: The Road Repair and Accountability Act of 2017 (Vue: [email protected]).

16 Council Adoption of Resolution No. 2024-__: Amending the Citywide Salary Schedule to Implement a 4% Wage Adjustment for the Director of Finance (Penland:
[email protected]).

17 Council Adoption of Resolution No. 2024-__: Amending and Restating the Schedule of Salary and Benefits for Unrepresented and Executive Management Employees - (Penland:
[email protected]).

18 Council Adoption of Resolution No. 2024-____: Accepting the 2023 Cost Allocation Plan and Analysis - (Deol: [email protected]).

19 Council Adoption of Resolution No. 2024-___: Approving the Purchase of two SUVs for the Police Activities League - (Lofthus: [email protected])

20 Council Adoption of Resolution No. 2024 -___: Adopting the 2nd Amendment to the Annual Appropriation Resolution No. 2023-88 to Appropriate Mid-Year Budget Adjustments for Additional Costs in Various Accounts Organization Wide including reclassification of the Public Safety Dispatcher position to Dispatch Supervisor and the Maintenance staff position to Lead position - (Deol: [email protected]).

21 Council Approval of Agreement for Purchase and Sale of Certain Real Property - (Bermudez:
[email protected]):
a
.

Council Adoption of Resolution 2024-

:

Approving an Agreement for Purchase and
Sale of Certain Real Property and Joint Escrow Instructions with Fucchi Irrevocable Trust and Cavallero Family Trust.
b
.

Council Adoption of Resolution 2024-____: Adopting the 3 rd
Amendment to
Appropriation Resolution No. 2023-88 to Appropriate Funds for the Purchase and Sale of Certain Real Property.
4 Joint City Council / Suisun City Council Acting as Successor Agency

22 Council/Agency Approval of December 2023 Accounts Payable and Payroll Warrants - (Deol: [email protected]).

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

23 Council/Agency/Authority Approval of the Minutes of the Meeting of the Suisun City Council, Suisun City Council Acting as Successor Agency, and Housing Authority held on January 9, 2024 – (Skinner: [email protected]).

City Council

24 Council Adoption of Resolution No. 2024-___: Accepting the Suisun City Police Department AB 481 Military Equipment Annual Report and Renewal of Military Equipment Use Policy with no Modifications (Henderson: [email protected]).

25 Continued Discussion and Direction Regarding Additional Staff Positions - (Roth:
[email protected]).

26 Mayoral Update - (Hernandez: [email protected]).

27 Non-Discussion Items.

PUBLIC HEARING

NONE

GENERAL BUSINESS

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. 5 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.

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 7
8 AGENDA ITEM NO. 10

AGENDA TRANSMITTAL

MEETING DATE:

February
6, 2024

AGENDA ITEM:

Council Adoption of Resolution No. 2024-___: Authorizing the Interim City Manager to Execute a contract between the cities of Dixon, Fairfield, Rio Vista, Vallejo, Benicia, Suisun City and Vacaville, California and The Permanente Medical Group, Inc. a California professional medical corporation, to receive medical consultation services for Fire Department Emergency Medical Services programs.

FISCAL IMPACT:

The fire department budgets approximately $10,000 annually to contract for Medical Director services. The proposed transition with partner cities will reduce the Departments annual costs by approximately $7,550 by joining the partner agencies. The new annual cost allocation for Suisun City will be 7% of $35,000 annually or $2,450 under the new agreement.

STRATEGIC PLAN:

Provide Good Governance.

BACKGROUND:

The Suisun City Fire Department has contracted with a private licensed physician since 2019 to maintain an Advanced Life Support (ALS) paramedic program. The licensed physician provides administrative oversight and authorizes prescriptions for medications used by Suisun City paramedics providing ALS care to patients.

STAFF REPORT:

Current Medical Director service meet the needs of the department and have continued to support our ALS program effectively. However, the desire to transition to a new provider will help minimize reoccurring department costs and align more efficiently regionally with our partner agencies. Staff recommends authorizing the Interim City Manager to execute an agreement with The Permanente Medical Group, Inc. a California professional medical corporation.

STAFF RECOMMENDATION:

It is recommended that the City Council:

Adopt Resolution No. 2024-___: Authorizing the Interim City Manager to Execute a contract between the cities of Dixon, Fairfield, Rio Vista, Vallejo, Benicia, Suisun City and Vacaville, California and The Permanente Medical Group, Inc. a California professional medical corporation, to receive medical consultation services for Fire Department Emergency Medical Services programs.

DOCUMENTS ATTACHED:
1 .

Resolution No: 2024-___: Authorizing the Interim City Manager to Execute a contract between the cities of Dixon, Fairfield, Rio Vista, Vallejo, Benicia, Suisun City and Vacaville, California and The Permanente Medical Group, Inc. a California professional medical corporation, to receive medical consultation services for Fire Department Emergency Medical Services programs.
2 .

Agreement Between the Cities of Dixon, Fairfield, Rio Vista, Vallejo, Benicia, Suisun City and Vacaville California, and The Permanente Medical Group, Inc, for Medical Director Services.

PREPARED BY:

Brad Lopez, Fire Chief
9 REVIEWED BY:

Aaron Roth, Interim City Manager
APPROVED BY:

Aaron Roth, Interim City Manager

ATTACHMENTS:

1. Resolution No. 2024-___: Authorizing the Interim City Manager to Execute a contract between the cities of Dixon, Fairfield, Rio Vista, Vallejo, Benicia, Suisun City and Vacaville, California and The Permanente Medical Group, Inc

2. Agreement Between the Cities of Dixon, Fairfield, Rio Vista, Vallejo, Benicia, Suisun City and Vacaville California, and The Permanente Medical Group, Inc, for Medical Director Services. 10 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. 2024-_____

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

AUTHORIZING THE INTERIM CITY MANAGER TO EXECUTE A CONTRACT

BETWEEN THE CITIES OF DIXON, FAIRFIELD, RIO VISTA, VALLEJO,

BENICIA, SUISUN CITY AND VACAVILLE, CALIFORNIA AND THE
PERMANENTE MEDICAL GROUP, INC. A CALIFORNIA PROFESSIONAL

MEDICAL CORPORATION, TO RECEIVE MEDICAL CONSULTATION

SERVICES FOR FIRE DEPARTMENT EMERGENCY MEDICAL SERVICES

PROGRAMS
WHEREAS, the Suisun City Fire Department provides Advanced Life Support (ALS) support to the citizens of Suisun City; and
WHEREAS, to effectively provide ALS support, the fire department is required to have a licensed physician for oversight and provide prescriptions for medications; and WHEREAS, the cities of Dixon, Fairfield, Rio Vista, Vallejo, Benicia, and Vacaville have an existing agreement with The Permanente Medical Group, Inc.; and WHEREAS, by joining the agreement the fire department will help minimize reoccurring department costs and align more efficiently regionally with our partner agencies; and NOW, THEREFORE, BE IT RESOLVED that the City Council hereby authorizes the Interim City Manager to enter into agreement with the Permanente Medical Group, Inc. for the annual cost of $2,450.

PASSED AND ADOPTEDat a Regular Meeting of the City Council of the City of Suisun City duly held on Tuesday, the 6th day of February 2024, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

WITNESS my hand and the seal of said City this 6th day of February 2024.

Anita Skinner
City Clerk
11

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AGREEMENT

BETWEEN THE CITIES OF DIXON, FAIRFIELD, RIO VISTA,

VALLEJO, BENICIA, SUISUN CITY, AND VACAVILLE, CA,
AND
THE PERMANENTE MEDICAL GROUP, INC., FOR MEDICAL DIRECTOR

SERVICES

THIS AGREEMENT for medical director services (“Agreement”) is made by and between the Cities of Dixon, Fairfield, Rio Vista, Vallejo, Benicia, Suisun City, and Vacaville, municipal corporations hereinafter individually referred to as “AGENCY” and collectively referred to as “AGENCIES” and The Permanente Medical Group, Inc., a California professional medical corporation, hereinafter referred to as “CONTRACTOR” or “TPMG.” Each may be referred to as a “Party” and collectively referred to as the “Parties” to this Agreement.

RECITALS

A. AGENCIES desire to receive medical consultation services for their Fire Department Emergency Medical Services programs.

B. CONTRACTOR maintains qualified medical staff for providing services as described herein and CONTRACTOR is willing to provide one or more qualified, licensed Physicians to AGENCIES to provide services for the compensation as outlined herein.

C. This Agreement supersedes the agreement previously entered into between the Cities of Dixon, Fairfield, Rio Vista, Vacaville, and Vallejo and TPMG effective February 9, 2021, as amended.

AGREEMENT

In consideration of the mutual covenants and conditions herein contained, the Parties agree as follows:

1. General.

CONTRACTOR agrees to provide to AGENCIES, medical consultation services as further described in this Agreement and to provide one or more designated Physicians to serve as AGENCIES’ “Medical Director” as defined in Section 3, subsection a., below.

2. Term.

This Agreement shall become effective only upon the signature of CONTRACTOR and all of the AGENCIES and shall be effective on the date of the last signature as indicated on the execution page of this Agreement (the “Effective Date”). The term of this Agreement is for a period of two (2) years from the Effective Date (“Initial Term”) and may be terminated sooner, only as provided below.

The Parties may agree to extend the Agreement beyond the Initial Term for up to three (3) additional one (1) year terms upon a written amendment executed by all of the Parties (each an “Extension Term”).

The Initial Term and any Extension Term(s) are referred to herein as the “Term” of this Agreement. 12

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3. Scope of Services.

a. CONTRACTOR’s Duties and Obligations.

CONTRACTOR agrees to provide one (1) or more qualified Physicians to serve as AGENCIES’ Medical Director(s) (“Medical Director(s)”) and to provide AGENCIES with the following medical consultation services (“Services”):

1) CONTRACTOR shall make M edical Director(s) available to, and M edical Director(s) shall attend bi -monthly Physician forums in Solano County, Prehospital Care and Continuous Quality Improvement Meetings (on a quarterly basis), and play an integral role in the decision- making processes of these groups;

2) CONTRACTOR shall make M edical Director(s) available to, andM edical Director(s) shall participate on a regular basis in efforts to improve the AGENCIES' Emergency Medical Services (EMS) programs to maintain a high quality of medical services for AGENCIES' citizens;

3) CONTRACTOR shall make M edical Director(s) available to, and M edical Director(s) shall consult with each AGENCY’S EMS Coordinator on a n as needed basis or, at least, monthly;

4) CONTRACTOR shall make M edical Director(s) available to, and M edical Director(s) shall assist in the coordination of an advanced life support medication supply program for AGENCIES' fire stations and advanced life support engine companies;

5) CONTRACTOR shall make M edical Director(s) available to, and M edical Director(s) shall direct the acquisition and maintenance of required controlled medications and provide for the required Drug Enforcement Agency controlled medication supply number(s);

6) CONTRACTOR shall make M edical Director(s) available to, and M edical Director(s) shall review patient care records on a regular basis (as agreed upon by CONTRACTOR and each AGENCY) for accuracy and appropriateness of treatment;
7) CONTRACTOR shall make M edical Director(s) available to, and M edical Director(s) shall provide liaison services between AGENCIES' Fire Departments, the local paramedic base stations, and provide assistance in resolving problems that may arise regarding mobile intensive care nurse/CONTRACTOR medical direction;

8) CONTRACTOR shall make M edical Director(s) available to, and M edical Director(s) shall provide consultation for paramedics regarding pre -hospital care (post call follow-up);

9) CONTRACTOR shall make M edical Director(a) available to, and M edical Director(s) shall provide two emergency medical services quality 13

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improvement trainings per year which shall provide direct benefit to field emergency medical care providers;

10) CONTRACTOR shall make M edical Director(s) available to, and M edical Director(s) shall participate in field ride -a-longs as appropriate, though Physician shall not provide direct patient care;

11) CONTRACTOR shall make M edical Director(s) available to, and M edical Director(s) shall review and approve the AGENCIES' EMS quality improvement programs;

12) In the provision of Services pursuant to this Agreement, CONTRACTOR shall not discriminate on the basis of race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, genetic information, marital status, sex (including pregnancy, childbirth, or medical conditions related thereto), gender, gender identity, gender expression, sexual orientation, reproductive health decision making, and/or military and veteran status;

13) Upon reasonable notice, CONTRACTOR's records regarding an AGENCY's use or acquisition of controlled substances or the training or performance of an AGENCY's paramedics shall be available for inspection by an Authorized Representative, as defined below in Section 4; and

14) Medical Director(s) shall not provide, and AGENCIES shall not request that Medical Director(s) provide, any direct patient care or treatment services under this Agreement.

b. CONTRACTOR’s Required Licenses.

At all times during the term of this Agreement, each of CONTRACTOR’s assigned Physicians shall maintain all necessary licenses and certifications to practice medicine in the State California as well as a Drug Enforcement Agency license.

4. Compensation.

a. Invoice Process.

CONTRACTOR shall submit monthly invoices, not later than the fifteenth (15th) day of each month, to the City of Dixon identifying the Services performed and the charges therefor, in the format set forth in Exhibit “B” of this Agreement. The work performed and Services provided shall be based upon the CONTRACTOR's billing rates set forth on Exhibit “A” of this Agreement. The City of Dixon shall make payments to CONTRACTOR every six (6) months (two (2) times per contract year) to CONTRACTOR for Services which are performed in accordance with this Agreement.

b. “Not to Exceed” Compensation.

The compensation payable to CONTRACTOR for the Services identified herein including both the joint Services and AGENCY-specific Services shall not exceed thirty- five thousand dollars ($35,000) per year. CONTRACTOR shall not perform and will not be compensated for any services beyond the Services identified in this Agreement without 14

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prior written authorization from each AGENCY. If all AGENCIES provide prior written authorization for additional services, the total compensation payable to the CONTRACTOR under this Agreement shall not exceed forty thousand ($ 40,000) per year. For the avoidance of doubt, CONTRACTOR shall only invoice, and invoices are only payable, for Services actually provided.

Each A GENCY appoints as its “Authorized Representative” for the purposes of this Agreement to be the person who has executed the Agreement on behalf of such Agency, or that person’s successor or designee.

c. CONTRACTOR’s Time Records.

CONTRACTOR shall maintain all accounting and time records related to this Agreement in accordance with generally accepted accounting principles and state law requirements, and for at least four (4) years after the completion of the Services. CONTRACTOR's accounting records related to the Services performed pursuant to this Agreement shall be made available to the requesting AGENCY within a reasonable time, but no later than ten (10) business days after AGENCY's request, during normal business hours.

d. AGENCY Billing.

After receipt of an invoice from CONTRACTOR, the City of Dixon shall invoice each AGENCY for its pro -rata share of the invoice. Each AGENCY shall submit its payment to the City of Dixon within thirty (30) days of receipt of the invoice.

AGENCY responsibility shall be allocated as follows:
i) Services provided solely to one AGENCY shall be paid in full by the receiving AGENCY.

ii) Joint Services are provided to all AGENCIES, therefore invoicing amounts shall be allocated as follows:

Vacaville 23%
Vallejo 23%
Fairfield 23%
Benicia 9%
Dixon 8%
Suisun City 7%
Rio Vista 7%

5. Independent Contractor.

At all times during the term of this agreement, each M edical Director shall be an independent contractor and shall not be an employee of any of the AGENCIES. Nothing in this Agreement shall be deemed or construed to create the relationship of principal and agent, or of partnership or joint venture, and neither party shall hold itself out as an agent, legal representative, partner, subsidiary, joint venture, servant or employee of the other. No relationship of employer and employee is created by this Agreement; it being understood and agreed that CONTRACTOR is an independent contractor. CONTRACTOR is not the agent or employee of the AGENCIES in any capacity whatsoever, and none of the Parties shall be liable for any acts or omissions by, or for any obligations or liabilities incurred by, the other Party.Medical Director(s) shall not be entitled to any benefits, including, but not limited to, pension, retirement, health care benefits or workers' compensation from any AGENCY. 15

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CONTRACTOR represents and warrants that CONTRACTOR is an independently established business entity formed as a medical corporation, that customarily provides services of the same nature as the services provided for the AGENCIES under this Agreement.

CONTRACTOR shall have the right to set the Medical Director(s)’s hours and location of work, consistent with the nature of the services provided under this Agreement. CONTRACTOR shall determine the method, means and manner of performance of, but not limited to, such matters as outlined in Section 3, above . The AGENCIES are interested only in the results to be achieved from CONTRACTOR’S performance of the services. CONTRACTOR shall provide its own resources and equipment and direct their operation in all respects when necessary to perform these services. Notwithstanding this Agreement, CONTRACTOR shall have the right to provide the same or similar services to entities other than the AGENCIES, without restriction. The AGENCIES shall have no authority, control, or liability regarding CONTRACTOR’s performance or activities before or after each instance, wherein, CONTRACTOR may perform under this Agreement.

6. Indemnification.

To the fullest exten t allowed by law, CONTRACTOR agrees to indemnify, defend, and hold harmless AGENCIES, their elected and appointed officials, officers, agents, employees, and volunteers from any and all claims, suits, or actions of every name, kind or description, brought forth on account of injuries to or death of any person or damage to property (including without limitation, attorneys’ fees, expert and consultant fees and all other costs and fees of litigation) arising from or related to the willful misconduct, reckless or negligent acts or failure to act, or errors or omissions by CONTRACTOR or any person directly or indirectly employed by or acting as agent of CONTRACTOR in the performance or non-performance of the duties required pursuant to this Agreement. In the event that a final decision or judgment allocates liability by determining that any portion of damages awarded is attributable to AGENCY(IES) negligence or willful misconduct, AGENCY shall pay the portion of damages which is allocated to AGENCY’s negligence or willful misconduct, provided that AGENCY shall not be liable for any passive negligence of AGENCY, its officers, officials, employees and volunteers in reviewing, accepting or approving any service or work product performed or provided by CONTRACTOR.

7. Insurance.

CONTRACTOR shall obtain and maintain at all times during the term of this Agreement the following self-insurance coverage or policies of insurance:

a. General Liability

CONTRACTOR shall obtain at CONTRACTOR’s sole cost and keep in full force and effect during the term of this Agreement a minimum general liability coverage of $2,000,000 per occurrence and $4,000,000 aggregate. The policy shall include coverage for bodily injury, personal injury, property damage and products and completed operations. If the policy includes a general aggregate, either the general aggregate shall apply separately to performance of this agreement, service or location or the minimum required aggregate limit shall be twice the per occurrence limit.

The Policy shall be endorsed to name each AGENCY as Additional Insureds for all liability arising out of, or in any way caused, in whole or in part, actively or passively, by the named insured in the performance of this Agreement. All coverage available to the named insured shall also be available and applicable to each AGENCY as an Additional 16

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Insured. Additional Insured On-Going Operations Coverage shall be at least as broad as ISO Form CG 20 10 04 13.

The Additional Insured coverage under the CONTRACTOR’s policy shall be Primary and Noncontributory and will not seek contribution from any AGENCY’s insurance or self-insurance and shall be at least as broad as ISO Form CG 20 01 04 13.

b. Professional Liability.

CONTRACTOR shall obtain at CONTRACTOR’s sole cost and keep in full force and effect during the term of this Agreement $5,000,000 of professional liability coverage.

Said insurance shall provide that (1) the policy shall operate as primary insurance, and (2) no other insurance or deductibles of the AGENCIES or other named insureds will be called upon to cover a loss covered thereunder.

c. Automobile Liability Insurance.

CONTRACTOR shall obtain at CONTRACTOR’s sole cost and keep in full force and effect during the term of this Agreement automobile liability insurance in the amount of $1,000,000 per occurrence for bodily injury and property damage. Said insurance shall provide that (1) each AGENCY, its officers, agents, employees and volunteers shall be named as additional insureds under the policy, (2) the policy shall operate as prima ry insurance, and (3) no other insurance or deductibles of the AGENCIES or other named insureds will be called upon to cover a loss covered thereunder.

d. Workers’ Compensation Insurance.

CONTRACTOR shall obtain statutory limits as required by the State of California including $1,000,000 Employers’ Liability per accident, per employee for bodily injury or disease. If CONTRACTOR is self-insured, provide a certificate of Permission to Self- Insure, signed by the California Department of Industrial Relations and Self -Insurance.

CONTRACTOR’s insurer will provide a Waiver of Subrogation endorsement in favor of AGENCIES for Workers Compensation coverage during the life of this Agreement.

e. Certificates of Insurance.

Upon execution of this Agreement, CONTRACTOR shall file with AGENCIES in a form satisfactory to each AGENCY’s Risk Manager, certificates of insurance which shall provide that no cancellation, major change in coverage, expiration or nonrenewal will be made during the term of this Agreement without thirty (30) days prior written notice. The certificates and endorsements shall contain a reference to the date and title of this Agreement. The certificates and endorsements shall be mailed to AGENCIES at the addresses provided in the Notice paragraph of this Agreement.

8. Notices.

Unless otherwise provided herein, all notices required hereunder shall be given by United States certified mail, or other form of mail which offers proof of mailing, postage prepaid and addressed to the Party at the addresses below.

17

For TPMG: For TPMG re contract management/billing issues:

Dr. Christopher W. Walker Amie Schiffner
Physician in Chief, Napa Solano Medical Office Controller Napa Solano 975 Sereno Drive 975 Sereno Drive
Vallejo CA 94589 Vallejo CA 94589
707-628-5703 707-651-5129
[email protected] [email protected]
With a Copy to:

The Permanente Medical Group
Office of the General Counsel
1800 Harrison Street, Suite 2350
Oakland, CA 94612
[email protected]
For AGENCIES:

Vacaville Fire Department City of Rio Vista Fire Department Jeramy Langwell, Battalion Chief Fire Chief
650 Merchant Street 350 Main Street
Vacaville, CA 95688 Rio Vista, CA 94571
707-469-6626 707-374-2233
[email protected] [email protected] Dixon Fire Department
Andi Horigan
205 Ford Way
Dixon, CA 95620
707-678-7060 x2103
[email protected]
Fairfield Fire Department
Anjurle Duchaussee
1200 Kentucky Street
Fairfield, CA 94533
707-428-7375
[email protected]
Vallejo Fire Department
Kyle Long
970 Nimitz Avenue
Vallejo, CA 94592
[email protected]
Benicia Fire Department
Della Olm
150 Military West
Benicia, CA 94519
707-746-4272
[email protected]
18

Suisun City Fire Department
Fire Chief
621 Pintail Dr.

Suisun, CA 94585
707-421-7205

9. Termination.

Without limitation to such rights or remedies as the Parties otherwise may have by law, any of the AGENCIES may terminate their participation in this Agreement upon sixty (60) days written notice to the other AGENCIES and CONTRACTOR. CONTRACTOR may terminate participation in this Agreement upon sixty (60) days written notice to each AGENCY. This Agreement shall remain in full force and effect as long as at least one (1) AGENCY and CONTRACTOR remain parties to this Agreement.

In the event that one or more AGENCY(IES) terminates its participation in this Agreement, the terminating AGENCY(IES) shall continue to pay its pro -rata share of CONTRACTOR’S compensation through and including the effective date of the termination. The rem aining AGENCIES shall meet and confer prior to the effective date of termination to determine how to allocate the terminating Party’s share of compensation following the effective termination date, and shall communicate the decision to CONTRACTOR within a reasonable time. If the remaining AGENCIES do not reach agreement regarding responsibility for CONTRACTOR’S compensation prior to the effective termination date, CONTRACTOR is not obligated to perform any further joint Services under this Agreement until AGENCIES notify CONTRACTOR of the new allocation.

10. Assignment.

No Party to this Agreement may assign any right or obligation pursuant to this Agreement. Any attempted or purported assignment of any right or obligation pursuant to this Agreement shall be void and of no effect.

11. Agency.

Except as AGENCIES may specify in writing, CONTRACTOR shall have no authority, express or implied, to act on behalf of AGENCIES or to bind AGENCIES to any obligation whatsoever.

12. Standard of Performance and Compliance with Laws.

CONTRACTOR shall perform all Services required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the medical profession in Solano County. AGENCIES shall have the sole discretion (jointly as to joint Services or individually as to Services provided to a specific AGENCY) to determine whether the work performed by CONTRACTOR pursuant to this Agreement is acceptable.

CONTRACTOR shall comply with all applicable federal, state , and local laws, rules , and regulations in the performance of this Agreement.
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13. CONTRACTOR-Not Public Official.

CONTRACTOR is not a “public official” for purposes of Government Code §§87200 et seq .

CONTRACTOR arrives at conclusions and provides assistance, advice, information, and care independent of the control and direction of AGENCIES, other than normal contract monitoring. In addition, CONTRACTOR possesses no authority with respect to any of AGENCIES’ decisions beyond the rendering of information, advice, recommendation, or counsel.

14. Applicable Law, Venue, and Attorneys’ Fees.

This Agreement shall be interpreted and enforced pursuant to the laws of the State of California.

Any action to enforce or interpret this Agreement shall be brought in a court of competent jurisdiction in Solano County, California, or where appropriate, in the United States District Court, Eastern District of California.

Should any legal action be brought by a Party for breach of this Agreement or to enforce any provision of this Agreement, each Party shall bear its own attorneys' fees and litigation costs.

15. Extent of Agreement; Amendment.

This writing contains the entire agreement between the Parties and supersedes all prior understandings and agreements, whether oral or written, with respect to the subject matter of this Agreement. This Agreement may not be modified, changed, or supplemented, nor may obligations under this Agreement be waived except by written instrument signed by the parties to this Agreement.

16. Severability.

Should any term or provision of this Agreement be determined to be illegal or in conflict with any law, the validity of the remaining portions or provisions shall not be affected thereby. Each term or provision of this Agreement shall be valid and enforced as written to the fullest extent permitted by law.

17. Interpretation.

Each Party has reviewed this Agreement and any question of doubtful interpretation shall not be resolved by any rule or interpretation providing for interpretation against the drafting Party. This Agreement shall be construed as if all Parties drafted it. The captions and headings contained herein are for convenience only and shall not affect the meaning or interpretation of this Agreement.

18. No Third-Party Beneficiaries.

The Parties hereby acknowledge and agree that this Agreement is entered into solely for the benefit of the Parties hereto and that by entering into this Agreement, the Parties do not intend to confer any third- party beneficiary rights hereunder.

19. Miscellaneous.

All covenants herein shall be conditions. Time is of the essence. Failure on the part of any Party 20

1682505.1 13398-020 4870-7779-3644 v2
to enforce any provision of this Agreement shall not be construed as a waiver of the right to compel enforcement of such provision or any other provision.

20. Counterpart and Electronic Signature.

As permitted under the U.S. Electronic Signatures in Global and National Commerce (ESIGN) Act of 2000, and the Uniform Electronic Transactions Act (UETA), the Parties hereby agree to conduct this transaction by electronic means. This Agreement may be executed through an electronic signature and may be executed in two (2) or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. The Parties agree that the electronic signatures appearing on this Agreement are intended by each Party using it to have the same force and effect as the use of a manual signature for the purposes of validity, enforceability, and admissibility.

21. Signatory’s Warranty.

Each Party’s signatory warrants to each other Party that they are fully authorized and competent to enter into this Agreement in the capacity indicated by their signature and agrees to be bound by this Agreement.

[SIGNATURE PAGE FOLLOWS]
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1682505.1 13398-020 4870-7779-3644 v2

WITNESS THE EXECUTION HEREOF on the day and year last written below.

CONTRACTOR
The Permanente Medical Group, Inc., a
California Professional Medical Corporation

Christopher W. Walker, MD
Physician in Chief Napa Solano
Date:

AGENCIES:

City of Dixon, California City of Fairfield, California

Name/Title: Jim Lindley, City Manager Name/Title: David Gassaway, City Manager

Date: Date:

City of Rio Vista, California City of Vacaville, California

Name/Title: Kristina Miller, City Manager Name/Title: Aaron Busch, City Manager

Date: Date:

City of Vallejo, California

Name/Title: Michael Malone, City Manager

Date:

City of Benicia, California

Name/Title: Mario Giuliani, City Manager

Date: ____________________
City of Suisun, California

Name/Title: Aaron Roth, Acting City Manager

Date: _____________________

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1682505.1 13398-020 4870-7779-3644 v2

Approved as to form:

_________________________ ___________________________
Douglas White, City Attorney David Lim, City Attorney Dixon Fairfield

__________________________ _____________________________ Mona Ebrahimi, City Attorney Melinda Stewart, City Attorney Rio Vista Vacaville

__________________________ ______________________________ Veronica Nebb, City Attorney Ben Stock, City Attorney
Vallejo Benicia

__________________________
Elena Gerli, City Attorney
Suisun

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1682505.1 13398-020 4870-7779-3644 v2
Exhibit A

1. CONTRACTOR designates the following Physicians to provide Medical Director Services as outlined herein:

For Non-Vallejo and Benicia AGENCIES For Cities of Vallejo and Benicia

Samuel Kim, MD Jeffrey Siu, DO
One Quality Drive 975 Sereno Drive
Vacaville CA 95688 Vallejo, CA 94589
707-651-3373 707-651-1000
[email protected] [email protected]

Dr. Kim and Dr. Siu may work collaboratively when providing joint Services for all AGENCIES and, from time to time, may substitute for each other in providing Services for individual AGENCIES.

2. Each Physician will provide Services for the AGENCIES described in this Agreement for the hourly rate of one hundred dollars ($100.00) per hour.

3. CONTRACTOR shall submit monthly invoices to:

Dixon Fire Department
Andi Horigan
205 Ford Way
Dixon, CA 95620
707-678-7060 x2103
[email protected]

CONTRACTOR’S invoices shall include a brief description of services provided, the entity(ies) the services were provided to and the hour(s) spent per activity.

Dixon shall distribute payments to TPMG every six (6) months (twice during the contract year) and shall send such payments to:

ATTN: Amie Schiffner
Napa Solano Medical Office Controller
975 Sereno Drive
Vallejo CA 94589
707-651-5129
[email protected]

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1682505.1 13398-020 4870-7779-3644 v2
Exhibit B

Post-Vallejo Monthly Invoice [proposed format]
The Permanente Medical Group, Inc.

EIN: 94-2728480

Napa Solano Medical Office Controller
975 Sereno Drive
Vallejo CA 94589
707-651-5129
[email protected]

Physicians providing services:

Samuel Kim, MD
Jeffrey Siu, DO
Hourly Rate: $100.00

Services provided:

Agency/ies
Provided for
Description of Service *Hours Worked

*If providing a service for multiple Agencies, then designate time as to each. If services provided to all Agencies (i.e. joint services) then obligation for payment is as follows (per Section 4 of the Agreement):

Vacaville 23%
Fairfield 23%
Vallejo 23%
Suisun 7%
Dixon 8%
Rio Vista 7%
Benicia 9%

Physician Signature: Date:

Physician Signature: Date:
25 THIS PAGE INTENTIONALLY LEFT BLANK
26 AGENDA ITEM NO. 11

AGENDA TRANSMITTAL

MEETING DATE:

February
6, 2024

AGENDA ITEM:

Council Adoption of Resolution No. 2024-___: Authorizing the Interim City Manager to Execute a Professional Services Agreement on the City’s Behalf with Bellecci and Associates for the Pedestrian Safety Enhancements Project.

FISCAL IMPACT:

There would be no impact to the General Fund from this item. The contract cost for Bellecci and Associates to prepare plans, specifications, and cost estimates for the Pedestrian Safety Enhancements Project (Project), Project No. HSIPSL-5032(038), is $33,722. $43,600 has been allocated for the design portion of this Project, covered by a combination of $39,240 in HSIP funds and $4,360 in OSSIP funds.

STRATEGIC PLAN:

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

BACKGROUND:

The overall cost to complete this Project is $244,000. On March 15, 2023, the City accepted a total of $219,600 in HSIP Cycle 11 grant funds for the design and construction of the Project. The HSIP Cycle 11 grant funds cover 90% of the Project costs. The City is responsible for covering the remaining 10% as a match. OSSIP funds will provide the required 10% matching funds.

On October 23, 2023, City staff published a Request for Proposals (RFP) for design services to prepare construction documents for the Project. Four (4) Proposals were received and opened on November 16, 2023. After reviewing the submitted proposals, the City panel evaluation team determined Bellecci and Associates, to be the best qualified firm to perform the necessary professional design services for this Project.

STAFF REPORT:

The two Project locations are both along high traffic roadways that also have a high volume of pedestrian traffic. Staff applied for the HSIP grant for funds to improve the pedestrian crossing safety at the two locations.

The Project scope includes pedestrian crossing improvements at the following two locations (see included Location Map):

Marina Boulevard at Lotz Way
Pintail Drive at Cackling Drive (fronting the Kroc Center)

The Project scope consists of, but is not limited to, the following:

Location #1: Upgrade the existing rectangular rapid flashing Beacon (RRFB), crosswalk, pavement markings, and roadway signs.

Location #2: Install high visibility crosswalk, RRFB, pavement markings, roadway signs, and concrete curb extensions (aka bulbouts).

Staff has negotiated an acceptable design cost with Bellecci and Associates. Staff recommends that 27 Council approve this contract award.

STAFF RECOMMENDATION:

It is recommended that the City Council adopt Resolution No. 2024- ___: Authorizing the Interim City Manager to Execute a Professional Services Agreement on the City’s Behalf with Bellecci and Associates for the Pedestrian Safety Enhancements Project.

DOCUMENTS ATTACHED:
1 .

Council Resolution No. 2024-___: Authorizing the Interim City Manager to Execute a Professional Services Agreement on the City’s Behalf with Bellecci and Associates for the Pedestrian Safety Enhancements Project.
2 .

Location Map.
3 .

Agreement.

PREPARED BY:

Amanda Dum, Management Analyst II
REVIEWED BY:

Nouae Vue, Public Works Director
APPROVED BY:

Aaron Roth, Interim City Manager

ATTACHMENTS:

1. Resolution 2024-___:

Authorizing the Interim City Manager to Execute a Professional Services Agreement
for the Pedestrian Safety Enhancements Project

2. Location Map.

3. Agreement
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28 RESOLUTION NO. 2024-

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

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

BELLECCI AND ASSOCIATES FOR THE PEDESTRIAN SAFETY

ENHANCEMENTS PROJECT
WHEREAS, the City applied for funds from the Highway Safety Improvement Program (HSIP) Cycle 11 grant to cover the costs of the Pedestrian Safety Enhancements Project (Project), HSIPL-5032(038), in the amount of $244,000; and
WHEREAS, the City’s grant application was approved and the Council has accepted $219,600 in HSIP Cycle 11 grant funds to cover 90% of the total Project costs with the City providing a 10% match for the balance from Off-Site Street Improvement Program (OSSIP) funds ($41,710); and
WHEREAS, the Project will provide pedestrian crossing safety improvements at two (2) locations: Marina Boulevard at Lotz Way and Pintail Drive at Cackling Drive (fronting the Kroc Center); and,
WHEREAS, the total budget for the Project’s design phase is $43,600, which covers design engineering services provided by Bellecci and Associates as well as covering City staff’s time in administering the design contract; and
WHEREAS, on October 23, 2023, City staff published a Request for Proposals (RFP) for design services to prepare construction documents for the Project; and WHEREAS, on November 16, 2023, the City received proposals from four (4) engineering firms in response to the RFP; and
WHEREAS, the City panel evaluation team determined Bellecci and Associates to be the best qualified firm to perform the needed professional design services; and WHEREAS, City staff has negotiated a design cost with Bellecci and Associates ($33,722) which City staff deems a reasonable amount to perform the necessary engineering services for the Project and is within the available budget.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Suisun City authorizes the Interim City Manager to execute a Professional Services Agreement on the City’s behalf with Bellecci and Associates for the Pedestrian Safety Enhancements Project, Project No. HSIPSL-5032(038), in the amount of $33,722, and to take any and all necessary and appropriate actions to implement this contract.
29 Resolution No. 2024-
Adopted February 6, 202

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PASSED AND ADOPTED by a Regular Meeting of said City Council of the City of Suisun City duly held on Tuesday, the 6th of February 2024, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

WITNESS my hand and the seal of said City this 6th day of February 2024.

Anita Skinner
City Clerk
30 Location Map
Pedestrians Safety Enhancements Project, Project No. HSIPSL-5032(038) Attachment No. 2

SUISUN ELEMENTARY SCHOOL

CRYSTAL MIDDLE SCHOOL

PROJECT LOCATION
31 01107.0006/958405.1 1

CITY OF SUISUN CITY

CONTRACT SERVICES AGREEMENT FOR

THE PEDESTRIAN SAFETY ENHANCEMENTS PROJECT
THIS CONTRACT SERVICES AGREEMENT (herein “Agreement”) is made and entered into on 2024, by and between the CITY OF SUISUN CITY , a municipal corporation (“City”) and BELLECCI & ASSOCIATES (“Consultant”). City and Consultant may be referred to, individually or collectively, as “party” or “parties.” NOW, THEREFORE, the parties hereto agree as follows:

1. SERVICES OF CONSULTANT

1.1 Scope of Services . In compliance w ith all of the terms and conditions of this Agreement, the Consultant shall perform the work or services set forth in the “Scope of Services” attached hereto as Exhibit “A” and incorporated herein by reference. Consultant warrants that it has the experience and ability to perform all work and services required hereunder and that it shall dili gently perform such work and services in a professional and satisfactory manner.

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

1.3 California Labor Law . I f the Scope of Services includes any “public work” or “maintenance work,” as those terms are defined in California Labor Code section 1720 et seq. and Cali fornia Code of Regulations, Title 8, Section 16000 et seq. , and if the total compensation is $1,000 or more, Consultant shall pay prevailing wages for such work and comply with the requirements in California Labor Code section 1770 et seq. and 1810 et seq ., and all other applicable laws.

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

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

2. COMPENSATION

2.1 Contract Sum . For the services rendered pursuant to this Agreement, Consultant shall be compensated in ac cordance with the “Schedule of Compensation” attached hereto as Exhibit “C” and incorporated herein by this reference, but not exceeding the maximum contract amount of $33,722 (Thirty-Three Thousand Seven Hundre d and Twenty-Two Dollars) (“Contract Sum”).
32 2
01107.0006/958405.1

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

City shall independently review each invoice subm itted by the Consultant to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. Except as to any charges for work perfo rmed or expenses incurred b y Consultant which are disputed by City, City will use its be st efforts to cause Consultant to be paid within forty five (45) days of receipt of Consultant’s correct and undisputed invoice ; however, Consultant acknowledges and ag rees that due to City warrant run procedures, the City cannot guarantee that payment will occur within this time period. In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Consultant for correction and resubmission. Review and payment by the City of any invoice provided b y the Consulta nt shall not constitute a waiver of any rights or remedies provided herein or any applicable law.

2.3 Additional Services . City shall have the right at any time during the performance of the services, without invalidating this Agreement, to orde r extra work beyond that specified in the Scope of Services or make changes by altering, adding to or deducting from said work. No such extra work may be under taken unless a written order is first given by the Contract Officer to the Consultant, incorporat ing therein an y adjustment in (i) the Contract Sum for the actual cost of the extra work, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the wr itten approval of the Consultant. Any increase in compensation of up to ten percent (10%) of the Contract Sum but not exceeding a total contract amount of Five Thousand Dollars ($5,000) or in the time to perform of up to ninety (90) days may be approved by the Contract Officer. Any greater increases, taken either separately or cumulatively, must be approved by the City Council. No claim for an increase in the Contract Sum or time for performance shall be valid unless the procedures established in this Section are followed.

3. PERFORMANCE SCHEDULE

3.1 Time of Essence . Time is of the es sence in the p erformance of this Agreement.

3.2 Schedule of Performance . Consultant shall commence the services pursuant to this Agreement upon receipt of a writte n notice to proceed and shall perform all services within the time period(s) established in the “Schedule of Performance” attached hereto as Exhibit “ D” and incorporated herein by this reference. When requested by the Consultant, extensions to the time per iod(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer but not exceeding thirty (30) days cumulatively.

3.3 Force Majeure . The time period(s) specified in the Schedule of Performance for performance of the services r endered pursuant to thi s Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the 33 3
01107.0006/958405.1
fault or negligence of the Consultant, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embar goes, wars, litigation, and/or acts of any governmental agency, including the City, if the Consultant shall within ten (10) days of the commenceme nt of such delay notify the Contract Officer in wr iting of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Con tract Officer such delay is justified. The Contract Officer’s determinati on shall be fi nal and conclusive upon the parties to this Agreement. In no event shall Consultant be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Consultant’s sole remedy being extension of the Agreement pursuant to this Section.

3.4 Term. Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect until completion of the services but not exceeding one year from the date hereof, except as otherwise provided in the Schedule of Performance ( Exhibit “ D”). [The City may, in its sole discretion, extend the Term for five (5) additional one-year terms.]

4. COORDINATION OF WORK

4.1 Representative of Consultant. Robert Broestl , Vice President , Sharat Bandugula, Secretary, Anoop Admal, Principal, and Daniel Leary, Principal are hereby designated as being the representative of Consultant authorized to act on its behalf with respect to the work and services specified herein and make all decis ions in connec tion therewith. All personnel of Consultant and any au thorized agents shall be under the exclusive direction of the representative of Consultant. Consultant shall utilize onl y competent personnel to pe rform services pursuant to this Agreement . Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant’s staff and subcontractors, and shall keep City informed of any changes.

4.2 Contract Officer. Aaron Roth, Interim City Manager, or such person as he may designate, is hereby designated as being the represent ative the City authorized to act in its behalf with respect to the work and services specif ied herein and to make all dec isions in connection therewith (“Contract Officer”).

4.3 Prohibition Against Subcont racting or Assignment . Consultant shall not contract with any entity to perform in whole or in part the work or services required hereunder without the express written approva l of the City. Neither this Agreement nor any interest herein may b e as signed or transferred, voluntarily or by operation of law, witho ut the prior written approval of City. Any such prohibited assignment or transfer shall be void.

4.4 Independent Consultant. Neither the City nor any of its employees shall have any control ov er the manner, mode or means by which Consultant, its agents or empl oyees, perform the services required herein, except as otherwise set forth. Consultant shall perform all services required herein as an indep endent contractor of City with only such obliga tions as are consistent with that role. Consultant shall not at any time or in any manner represent that it or any of its agents or employees are agents or emp loyees of City, or that it is a member of a joint enterprise with City.
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5. INSURANCE AND INDEMNIFICATION

5.1 Insurance Coverages. Without limiting Consultant’s indemnifica tion of City, and prior to commencement of any services under this Agreement, Consultant sha ll obtain, provide and maintain at its own expense during the term of this Agreement, policies o f insurance of the type and amounts described below and in a form satisfactory to City. (a) General liability insurance . Consultant shall maintain commercial g eneral liability insurance wit h coverage at least as broad as Insurance Services Office form CG 00 01, in an a mount not less than $1,000,000 per occurrence, $2,000, 000 general aggregate, for bodily injury, personal injury, and property damage. The policy m ust include contractual liabil ity that has not bee n amended. Any endorsement restricting standar d ISO “insured contract” language will not be accepted.
(b) Automobile liability insurance . Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activ ities of the C onsultant arising out of or in connection with Services to be performed under this Agreement, including coverage for any owned, hired, non - owned or rented vehicles, in an amoun t not less than $1,0 00,000 combined single limit for each accident.
(c) Professional liability (errors & omissions) insurance . Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the agg regate. Any policy inception date, continuity date, or retroactive d ate must be before the effective date of this Agreement and Consultant agrees to maintain co ntinuous coverage through a period no less than three (3) years after completion of the services required by this Agreement. (d) Workers’ compensation insurance . C onsultant shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s L iability Insurance (with limits of at least $1,000,000).
(e) Subcontractors. Consultant shall i nclude all sub contractors as insureds under its policies or shall fu rnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall incl ude all of the requi rements stated herein.
(f) Additional Insurance. Policies of such other insurance, as may be required in the Special Requirements in Exhibit “B”.

5.2 General Insurance Requirements.
(a) Proof of insurance . Cons ultant shall provide certifica tes of insurance to City as evidence of the insurance coverage req uired herein, along with a waiver of subrogation endorsement for wor kers’ compensation. Insurance certificates and endorsements must be approved by City’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept o n file with Ci ty at all times during the term of this Agreement. Cit y reserves the right to require complete, certified copies of all required insurance policie s, at any time.
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(b) Duration of coverage . Consultant shall procure and maintain for the duration of this Agre ement insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the S ervices hereunder by Consultant, its agents, representatives, employees or subconsultants. (c) Primary/noncontributing. Coverage provided by Consultant shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combinat ion of primary and umbrella or excess insurance. Any umbrella or exc ess insurance shall contain or be endorsed to contain a provision that such coverage shall a lso apply on a primary and non - contributory basis for the benefit of City before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured.
(d) City’s rights of enforcement. In the event any policy of insurance requir ed under this Agreement does n ot comply with these specifications or is canceled and not replace d, City has th e right but not the duty to obtain the insurance it de ems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement. (e) Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Com missioner to transact business of insurance or that is on the List of Approved Surplus Line Insu rers in the St ate of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VI (or larger) in accordance with th e latest edition of Best’s Key Rating Guide, unles s otherwise approved by the City’s Risk Manager.
(f) Waiver of subrogation. All insurance coverage maintained or p rocured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Consultant or others providing insurance evidence in complian ce with these specifications to waive their right of recovery prior to a loss. Consultant he reby waives its own right of r ecovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
(g) Enforcement of contract provisions (non -estoppel). Consultant acknowledges and agrees that any actual or alleged failure on t he part of the City to inform Consultant of non -compliance with an y re quirement imposes no additional obligations on the City nor does it waive any rights hereunder.
(h) Requirements not limiting . Requirements of specific cove rage features or limits contai ned in this section are not intended as a limitation on coverage, limits or othe r requirements, or a waiver of any coverage normally p rovided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured t o be all inclusive, or to the exclusion of other coverage, or a waiv er of any type. If the Consultant maintains higher limits than the minimums shown above, the City requires and shall be en titled to coverage for the higher limits maintained by the Consult ant. Any available insurance proceeds in excess of the specified min imum limits of insurance and coverage shall be available to the City. 36 6
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(i) Notice of cancella tion. Consultant agrees to obl ige its insurance agent or broker and insurers to provide to City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.
(j) Additional insured status. General lia bility policies shall provide or be endorsed to provide that City and its officers, officials, employees, and agen ts, and volunteers shall be additional insureds under such policies. This provision shall al so apply to any excess/umbrella liability policies.
(k) Prohibition of undisclosed coverage limi tations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. (l) Separation of insureds. A severability of interests provision must apply for all additional insureds ensuring that Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, ex cept with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions. (m) Pass thr ough clause . Consultant agrees to ensure that its subconsultants, subcontractors, and any other party involved with the pr oject who is brought onto or involved in the project by Consultant , pr ovide the same minimum insurance coverage and endorsements required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of t his sectio n. Consultant agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the project will be submitted to City for review. (n) Agency’s right to revise specif ications. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of su ch change. If such change results in substantial additional cost to the Consultant, the City and Consultant may renegotiate Consultant’s compensation.
(o) Self-insured retentions . Any self -insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by City.
(p) Timely notice of claims . Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or resu lt from Consultant’s performance under this Agreement, and that invo lve or may involve coverage under any of the required liability policies.
(q) Additional ins urance. Consultant shall also procure and maintain , at its own cost and expense, any additional kinds of insur ance, which in its own judgment may be necessary for its proper protection and prosecution of the work.

5.3 Indemnification. To the full extent permitted by law, Consultant agrees to indemnify, defend and hold harmless the City, its officers, emp loyees and age nts (“Indemnified 37 7
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Parties”) against, and will hold and save them and each of them harmless from, any and all actions, either judicial, administrat ive, arbitration or regulatory claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities whether actual or threatened (herein “claims or liabilities”) that may be asserted or claimed by any person, firm or entity arising out of or i n connection with the negligent performance of the work, operations or activities provided herein of Consultant, its officers, employe es, agents, subcontractors, invitees, or any individual or entity for which Consultant is le gally liable (“indemnitors”), or arising from Consultant’s or indemnitors’ reckless or w illful misconduct, or arising from Consultant’s or indemnitors’ negligent pe rformance of or failure to perform any term, provision, covenant or condition of this Agreem ent, except claims or liabilit ies occurring as a result of City’s sole negligence or wil lful acts or omissions. The indemnity obligation shall be binding on success ors and assigns of Consultant and shall survive termination of this Agreement.

6. RECORDS, REPORTS, AND RELEASE OF INFORMATION

6.1 Records. Consultant shall keep, and require subcontracto rs to k eep, such ledgers, books of accounts, invoices, vouchers, canceled ch ecks, reports, studies or other documents relating to the disbursements charged to City and services performed hereunder ( the “books and records”), as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the performance of such services and shall keep such records for a period of three years following completion of the services hereund er. The Contract Officer shall have fu ll and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts from such records.

6.2 Reports. Consultant shall periodically prepare and submit to th e Contract Officer such reports concerning the performance of the services r equired by this Agreement or as the Contract Officer shall require.

6.3 Confidentiality and Release of Information.
(a) All i nformation gained or work product produced by Consultant in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Consultant. Consultant shall not release or disclose any such information or work product to persons or entities other tha n the C ity without pr ior written authorization from the Contract Officer.
(b) Consultant shall not, without prior written authorization from the Contract Officer or un less requested by the City Att orney, voluntarily p rovide documents, declarations, letters of su pport, testimo ny at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or c ourt order shall not be considered “voluntary” provided Consultant gives the City notice of such court order or subpoena.
(c) If Consultant provides any information or work product in violation of this Agreement, then the City shall have the right to reim bursement and indemnity from Consultant for any da mages, costs and fees, including attor ney’s fees, caused by or incurred as a result of Consultant’s conduct.
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(d) Consultant shall promptly notify the City should Consultant be served with any summons, compl aint, subpoena, notice of depo sition, request for documents, interrogatories, request fo r admissions or other discovery request, court order or subpoena from any pa rty regarding this Agreeme nt and the work performed there under. The City retains the right, but has no obligation, to repr esent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with the City an d to provide the City with the opportunity to review any response to discovery requests provided by Consultant.

6.4 Ownership of Documents. All studies, surveys, data, notes, computer files, reports, records, drawings, specifications, maps, designs, photograph s, documents and other materials (the “documents and materials”) prepared by Consultant in t he performance of this Agreement shall be the property of the City and shall be delivere d to the City upon request of the Contract Officer or upon the termination o f this Agreement, and Consultant shall have no claim for further employment or additional co mpensation as a result of the exercise by the City of its full rights of ownership use, reuse, or a ssignment of the documents and materials hereunder.

Moreover, Consultant with respect to any documents and materials that may qualify as “works made for hire ” as defined in 17 U.S.C. § 10 1, such documents an d materials are hereby deemed “works made for hire” for the City.

7. ENFORCEMENT OF AGREEMENT AND TERMINATION

7.1 California Law . This Agreement shall be interpreted, construed and governed both as to validity an d to performance of the partie s in accordance with the laws of the State of California. Legal a ctions concern ing any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Los Angeles, State of California. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in the County of Los Angeles, State of California.

7.2 Disputes; Default . In the event that Consultant is in defa ult under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Consultant for any work performed after the date of d efault. Instead, the City may give notice to Consultant of the default and the reasons for the default. The notice shall include the timeframe in which Consultant may cure the default. This timeframe is presumptively thirty (30) days, but may be extended, if circumstances warrant. During the period of time that Consultant is in default, the City shall hold all invoices and sh all, when the default is cured, proceed with payment on th e invoices. If Consultant does not cure the default, the City may take neces sary steps to terminate this Agreement under this Article.

7.3 Legal Action . In addition to any other rights or remedies, eit her party may take l egal action, in law or in equity, to c ure, co rrect or remed y any default, to recover damages for any default, to c ompel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement.

Notwithstanding any contrary provision herein, Consultant shall file a statutory claim p ursuant to Government Code Sections 905 et. seq. and 910 et. seq., in order to pursue a ny legal action under this Agreement.

Except with res pect to rights and remedies expressly declared to be exclus ive in this Agreement, the rights and remedies of the p arties are cumulative and the exercise by either party of one or more of such rights or reme dies shall not preclude the ex ercise by it, at the same or 39 9
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different times, of any other rights or remedies for the same default or any other default by the other party.

7.4 Termination Prior to Expiration of Term . This Section shall govern any termination of this Contract except as speci fically provided in the following Section for termination for cause. The City r eserves the right to terminate this Contract at any tim e, with or without cause, upon thirty (30) days’ written notice to Consultant, except that w here termination is due to the fault of the Consultant, the period of notice may be such shorter ti me as may be determined by the Contract Officer. In addition, the Consultant reserves the right to terminate this Contract at any time, with or without cause , upon sixty (60) days’ writte n notice to City, except that where termination is due to the fault of the City, the period of notice may be such shorter time as the Consultant may determine. Upon receipt of any notice of termination, Consultant shall immediately cease all services hereu nder except such as may be specifically approved by the Contract Officer. Except where the Consultant has initiated termination, the Consultant shall be entitled to compensation for all services rendered prior to the effective date of the notice of termination and for any ser vices authorized by the Contract Offic er thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer. In the event the Consultant has initiated termination, the Consultant shall be entitled to compensation only for the reasonable value of the w ork pro duct actually produced hereunder, but not exceeding the compensation provided therefore in the Schedule of Compensation Exhibit “C”. In the event of termination without cause pursuant to this Section, the termin ating party need not provide the non-terminating party with the opportunity to cure pursuant to Section 7.2.

7.5 Termination for Default of Consultant. If termination is due to the failure of the Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provis ions of Section 7.2, take over the work and prosecute the same to completion by contract or otherwise, and the Consultant shall be liable to the extent that the total c ost for completion of the serv ices required hereun der exceeds the compensation herein st ipulated (provided th at the City shall use reasonable efforts to mitigate su ch damages), and City may withhold any payments to the Consultant for the purpose of set -off or partial payment of the amounts owed the City as previously stated.

8. MISCELLANEOUS

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

8.2 Non-liability of City Officers and Employees . No officer or employee of the City shall be personally liable to the Consultant, or any successor in interest, in the event of any default or breach by the City or for any a mount, which may become due to the Consultant or to its successor, or for breach of any obligation of the terms of this Agreement. 40 10
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8.3 Notice. Any notice, demand, reque st, document, consent, approval, or communication either party desires or is required to giv e to the other party or any ot her person shall be in writing and either served personall y or sent by prepaid, first-class mail, in the case of the City, to the City Manager and to the attention of the Contract Officer (with her/his name and City title), City of Suisun City, 701 Civic Center Blvd., Suisun City, CA 94585, and in the case of the Consultant, to the p erson(s) at the address designated on the execution pag e of this Agreement. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be dee med communicated at the time personall y delivered or in seventy-two (72) hours from the time of mailing if mailed as provided in this Section.

8.4 Integration; Amendment . It is understood that there are no ora l agreements between the parti es hereto affecting this Agreement and this Agreement supe rsedes and cancels any and all previous negotiations, arrangements, agreemen ts and understandings, if any, between the parties, and none shall be used to interpret this Agreement. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing.

8.5 Severability. In the event that part of this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a cou rt of competent jurisdiction, such invalidity or unenforceability shall not affect any o f the r emaining porti ons of this Agreement which are hereby declared as seve rable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless.

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

A party’s consent to or approval o f any act by the other party requiring the party’s consent or approval shall not be deemed to waive or render unnecessary the other party’s consent to or approval of any subsequent act. Any waiver by either party of any default must be in writin g and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.

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

8.8 Interpretation.

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

8.9 Counterparts.

This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument. 41 11
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8.10 Warranty & Re presentation of Non -Collusion. No offi cial, o fficer, or employee of City has any financial interest, direct or ind irect, in this Agreement, nor shall any official, officer, or employee of City participate i n any decision relating to thi s Agreement which may affect his/her financial interest or the fi nancial intere st of any corporation, partnership, or association in w hich (s)he is directly or indirectly interested, or in violation of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any State or mun icipal statute or regulation. The determination of “fin ancial interest” shall be consistent with State law and shall not include interests found to be “remote” or “noninterests” pursuant to Government Code Sections 1091 or 1091.5 . Consultant warrants and represents that it has not paid or given, and will not pay or give, to any third party including, but not limited to, any City official, officer, or employee, any money, consideration, or other thing of value as a result or consequence of obta ining or being awarded any agreement. Consultant further warrants and represents that (s)he/it has not engaged in any act(s), omission(s), or other conduct or co llusion that would result in t he payment of any money, consideration, or other thing of value to any third party including, but not limited to, any City official, o fficer, or employee, as a result of consequence of obtaining or being awarded any agreement. Consultant is aware of and understands that any s uch act(s), omission(s) o r other condu ct resu lting in such payment of money, consideration, or other thing of valu e will render this Agreement void and of no force or effect.

Consultant’s Authorized Initials _______

8.11 Corporate Authority. The persons executing this Agreement on behalf of the par ties he reto warrant t hat (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (ii i) by so executing this Agreement, such party is f ormally bound to the provisions of thi s Agree ment, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. This Agreement shall be bindi ng upon the heirs, executors, administrators, successors and assigns of the parties.
[Signatures On The Following Page]
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first-above written.

CITY:

CITY OF SUISUN CITY, a municipal
corporation

Aaron Roth, Interim City Manager
ATTEST:

Donna Pock, Deputy City Clerk

APPROVED AS TO FORM:

ALESHIRE & WYNDER, LLP

Elena Q. Gerli, City Attorney

CONSULTANT:

BELLECCI & ASSOCIATES
By:

Name: Daniel Leary
Title: Principal
By:

Name: Anoop Admal
Title: Principal
Address: 2290 Diamond Blvd., Suite 100
Concord, CA 94520

Two c orporate officer signatures required when Con sultant is a corporation, with one signature required from each of the foll owing groups: 1) Cha irman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Offi cer or any Assistant Treasurer. CONSULTANT’S

SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE

INCLUDED AS MAY BE RE QUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT’S BUSINESS ENTITY. 43 01107.0006/958405.1

CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT

STATE OF CALIFORNIA

COUNTY OF LOS ANGELES
On __________, 2024 before me, ________________, personally appeared ________________, proved to me on the basis of satisfactory evidence to be the person(s) whose n ames(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/ their authorized cap acity(ies), and that by his/her/their signature(s) on the in strument the person(s), or the entity upon behalf of whi ch the p erson(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the Stat e of Calif ornia that the foreg oing paragraph is true and correct.

WITNESS my hand and official seal.

Signature: _____________________________________

OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document a nd could prevent fraudulent reattachment of this form.

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT

INDIVIDUAL

CORPORATE OFFICER
_______________________________

TITLE(S)

PARTNER(S) LIMITED

GENERAL

ATTORNEY-IN-FACT

TRUSTEE(S)

GUARDIAN/CONSERVATOR
OTHER_______________________________
______________________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_____________________________________________
_____________________________________________

___________________________________

TITLE OR TYPE OF DOCUMENT
___________________________________

NUMBER OF PAGES
___________________________________

DATE OF DOCUMENT
___________________________________

SIGNER(S) OTHER THAN NAMED ABOVE

A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document. 44 01107.0006/958405.1

CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT

STATE OF CALIFORNIA

COUNTY OF LOS ANGELES
On __________, 2024 before me, _______________ _, personally appear ed ________________, proved to me on the basis of satisfacto ry evidence to be the person(s) whose names(s) is/are su bscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and t hat by his/her/their signature(s) on the instrument the pers on(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the Stat e of California that the fo regoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature: _____________________________________

OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT

INDIVIDUAL

CORPORATE OFFICER
_______________________________

TITLE(S)

PARTNER(S) LIMITED

GENERAL

ATTORNEY-IN-FACT

TRUSTEE(S)

GUARDIAN/CONSERVATOR
OTHER_______________________________
______________________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_____________________________________________
_____________________________________________

___________________________________

TITLE OR TYPE OF DOCUMENT
___________________________________

NUMBER OF PAGES
___________________________________

DATE OF DOCUMENT
___________________________________

SIGNER(S) OTHER THAN NAMED ABOVE

A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document. 45 01107.0006/958405.1 A-1

EXHIBIT “A”

SCOPE OF SERVICES
I. Consultant will provide design services for pedestrian crossing improvements at the intersection of Marina Boulevard and Lotz Way and at Pintail Drive at Cackling Drive. In general, Consultant will perform the following services:

A. Kick‐off Meeting. Consultant will meet with City staff to review the purpose of the project, define the scope of work and project goals. An initial project schedule will be developed and submitted to Staff at the meeting.

Deliverables: Kick‐off meeting minutes and updated project schedule within one week of the meeting.

B. Pre-Design Research and Preliminary Design Layout. Consultant will establish design criteria, project objectives, layout, and key components of the project. This work includes preliminary site investigation, and initial cost estimates. The project will meet Caltrans, California Manual on Uniform Traffic Control Devices and City of Suisun City design standards. Some of the design parameters to be considered are rectangular rapid flashing beacon (RRFB) systems including pedestrian pushbutton locations in relation to curb ramps, drainage improvements at curb returns, audible pedestrian systems, advance warning signs, advance yield markings, and signing and striping improvements.

Deliverables: Preliminary design, outline of intersection configuration, and initial cost estimate.

C. Design Development. Following the City’s selection of the proposed intersection layout, Design Team will incorporate recommendations and comments from review of Preliminary Design to develop 75% construction documents, and revise opinion of probable construction costs. Consultant will work closely with City staff to resolve the final site layout and pole locations during the preliminary design phase, such that there are no layout changes during the 75% design phase.

Consultant will identify and coordinate work with utility agencies for any utilities in conflict. Construction drawing layouts will be furnished in the latest released AutoCAD version using City format. Specifications will be prepared in the City’s standard format and in accordance with California Department of Transportation (Caltrans) Standard Specifications.

Deliverables: 75% plans, specifications, and estimates - Two hard copies.

D. Final 100% Bid Set Documents. Incorporate recommendations and comments from review of 75% design into final drawings and specifications ready for construction. Prepare an estimated cost of construction. 46 01107.0006/958405.1
Deliverables: Wet-signed Final plans, specifications, and estimates-Two hard copies.

47 01107.0006/958405.1 B-1

EXHIBIT “B”

SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
Added text is indicated in bold italics, deleted text is indicted in strikethrough.

I. Section 2.3, Additional Services, is amended to read:

City shall have the r ight at any time durin g the performance of the services, wi thout invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written order is first given by the Contract Officer to the Consultant, incorporating therein any adjustment in (i) the Contract Sum for the actual cost of the extra work, and/or (ii) the time to perform this Agreement, which said adjustments are subject to t he written approval of the Consultant . Any increase in compensation of up to ten percent (10%) of the Contract Sum but not exceeding a total contract amount of Five Thousand Dollars ($5,000) or in the time to perform of up to ninety (90) days may be approv ed by the Contract Officer. Any great er increases, taken either separately or cumulatively, must be approved by the City Council. No claim for an increase in the Contract Sum or time for performance shall be valid unless the procedure s established in this Section are followed.

II. Section 5.3, Indemnification, is amended to read:

To the full ext ent permitted by law, Consultant agrees to indemnify, defend and hold harmless the City, its officers, employees and agents (“Indemnified Parties”) against, and will ho ld and save them and ea ch of them harmless from, any and all actions, either judicial, administrative, arbitration or regulatory claims, damages to persons or property, losses, co sts, penalties, obligations, erro rs, omissions or l iabilities whether act ual or threatened (herein “claims or liabilities”) that may be asserted or claimed by any pe rson, firm or entity arising out of or in connection with to the extent caused by the negligent performance of the work, operations or activit ies provided herein of Consultant, its officers, employees, agents, subcontractors, invitees, or any individual or entity for which Consultant is legally liable (“indemnitors”), or arising from Consultant’ s or indemnitors’ reckless or wi llful misconduct, o r ar ising from Consult ant’s or indemnitors’ negli gent performance of or failure to perform any term, provision, c ovenant or condition of this Agreement, except claims or liabilities occurring as a result o f City’s sole negligence or willful acts or omissio ns. The indemnity obli gation shall be binding on successors and assigns of Consultant and shall survive terminati on of this Agreement. 48 C-1
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EXHIBIT “C”

SCHEDULE OF COMPENSATION
I. Consultant shall perform the following Services at the following rates:

II. Within the budgeted a mounts for each Task, and with the appro val of the Contract Officer, funds may be shif ted from one Task subbudget to another so long as the Contract Sum is not exceeded per Section 2.1, unless Additional Services are approved per Section 2.3.

III. The City will compensate Consultant for the Services performed upon submission of a valid invoice. Each invoice is to include:

A. Line items for all the work performed, the number of hours worked, and the hourly rate.

B. Line items for all materials and equipment properly charged to the Services.

C. Line items for all other approved reimbursable expens es claimed, with supporting documentation.

D. Line items for all approved subcontractor labor, supplies, equipment, materials, and travel properly charged to the Services.

IV. The tot al compensation f or the Services shall not exceed the Contract Sum as provided in Section 2.1 of this Agreement.
49 D-1
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EXHIBIT “D”

SCHEDULE OF PERFORMANCE
I. Consultant shall perform all services timel y in accordanc e with the following schedule:

50 AGENDA ITEM NO. 12

AGENDA TRANSMITTAL

MEETING DATE:

February
6, 2024

AGENDA ITEM:

Council Adoption of Resolution No. 2024-___: Authorizing the Interim City Manager to Execute a Professional Services Agreement on the City’s Behalf with Bellecci and Associates for the T-Section Median Safety Improvements Project.

FISCAL IMPACT:

There would be no impact to the General Fund from this item. The contract cost for Bellecci and Associates to prepare plans, specifications, and cost estimates for the T-Intersection Median Safety Improvements Project (Project), Project No. HSIPSL-5032(039), is $66,208. The contract cost will be covered by awarded Highway Safety Improvement Program (HSIP) HSIP Cycle 11 grant funds and Off-Site Street Improvement Program (OSSIP) funds.

STRATEGIC PLAN:

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

BACKGROUND:

On March 15, 2023, the City was accepted a total of $375,390 in HSIP Cycle 11 grant funds for the design and construction of the T-Intersection Median Safety Improvements Project.

The overall total Project cost is $417,100. The HSIP Cycle 11 grant funds cover 90% of the Project costs. The City is responsible for covering the remaining 10% as a match ($41,710). OSSIP funds will provide the required 10% matching funds.

On October 23, 2023, City staff published a Request for Proposals (RFP) for design services to prepare construction documents for the Project. Two (2) Proposals were received and opened on November 16, 2023. After reviewing the submitted proposals, the City panel evaluation team determined Bellecci and Associates, to be the best qualified firm to perform the necessary professional design services for this Project.

STAFF REPORT:

The three Project locations are both along high traffic roadways. Staff applied for the HSIP grant for funds to improve the T-intersection median safety at the three locations.

The Project scope includes installation of raised medians and narrowing of existing medians, pavement resurfacing, and roadway striping at the following three (3) locations (See included Location Map):

Walters Road at McClellan Drive
(New) Railroad Avenue at Village Drive
(New) Railroad Avenue at Birchwood Court

Staff has negotiated an acceptable design cost with Bellecci and Associates that is within the available budget. Staff recommends that Council approve this contract award.

STAFF RECOMMENDATION:

It is recommended that the City Council adopt Resolution No. 2024- ___: Authorizing the Interim City Manager to Execute a Professional Services Agreement on the City’s Behalf with Bellecci and Associates for the T-Section Median Safety Improvements Project. 51 DOCUMENTS ATTACHED:
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Council Resolution No. 2024-___: Authorizing the Interim City Manager to Execute a Professional Services Agreement on the City’s Behalf with Bellecci and Associates for the T- Section Median Safety Improvements Project.
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Location Map.
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Draft Agreement.

PREPARED BY:

Amanda Dum, Management Analyst II
REVIEWED BY:

Nouae Vue, Public Works Director
APPROVED BY:

Aaron Roth, Interim City Manager

ATTACHMENTS:

1. Resolution 2024-___:

Authorizing the Interim City Manager to Execute a Professional Services Agreement for the T-Intersection Median Safety Improvements Project

2. Location Map.

3. Agreement
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28 RESOLUTION NO. 2024-

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

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

BELLECCI AND ASSOCIATES FOR THE T-INTERSECTION MEDIAN SAFETY

IMPROVEMENTS PROJECT
WHEREAS, the City applied for the Highway Safety Improvement Program (HSIP) Cycle 11 grant program in the amount of $417,100 to make roadway safety improvements at three T-intersections as part of the T-Intersection Median Safety Improvements Project (Project), Project No. HSIPL-5032(039); and
WHEREAS, HSIP grant funds cover 90% of the total project, the City’s grant application was approved and Council has accepted $375,390 in HSIP Cycle 11 grant funds with the City providing the required 10% match ($41,710) for the balance from Off-Site Street Improvement Program (OSSIP) funds; and
WHEREAS, the Project will provide improvements to three T-intersections: Walters Road at McClellan Drive, Railroad Avenue at Village Dr, and Railroad Avenue at Birchwood Court
WHEREAS, the total budget for the design phase is $74,500, which covers design engineering services and City staff’s cost in administering the design contract; and WHEREAS, the Project will provide raised median improvements at three locations:

Walters Road at McClellan Drive, Railroad Avenue at Village Dr, and Railroad Avenue at Birchwood Court; and,
WHEREAS, on October 23, 2023, City staff published a Request for Proposals (RFP) for design services to prepare construction documents for the Project; and WHEREAS, on November 16, 2023, the City received proposals from two (2) engineering firms in response to the RFP; and
WHEREAS, the City panel evaluation team determined Bellecci and Associates to be the best qualified firm to perform the professional design services; and WHEREAS, City staff has negotiated a design cost with Bellecci and Associates ($66,208) which City staff deems a reasonable amount to perform the necessary engineering services for the Project within the available budget.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Suisun City authorizes the Interim City Manager to execute a Professional Services Agreement on the City’s behalf with Bellecci and Associates for the T-Intersection Median Safety Improvements Project, Project No. HSIPSL-5032(039), in the amount of $66,208, and to take any and all necessary and appropriate actions to implement this contract. 53 Resolution No. 2024-
Adopted February 6, 2024

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PASSED AND ADOPTED by a Regular Meeting of said City Council of the City of Suisun City duly held on Tuesday, the 6th of February 2024, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

WITNESS my hand and the seal of said City this 6th day of February 2024.

Anita Skinner
City Clerk
54 Location Map
T-Intersection Median Safety Improvements Project, Project No. HSIPSL-5032(039)

Attachment No. 2
55 01107.0006/958406.1 1

CITY OF SUISUN CITY

CONTRACT SERVICES AGREEMENT FOR

THE T-INTERSECTION MEDIAN SAFETY IMPROVEMENTS PROJECT
THIS CONTRACT SERVICES AGREEMENT (herein “Agreement”) is made and entered into on 2024, by and between the CITY OF SUISUN CITY , a municipal corpor ation (“City”) and BELLECCI & ASSOCIATES (“Consultant”). City and Consultant may be referred to, individually or collectively, as “party” or “parties.” NOW, THEREFORE, the parties hereto agree as follows:

1. SERVICES OF CONSULTANT

1.1 Scope of Services . In compliance with all of the terms and conditions of this Agreement, the Consultant shall perform the work or services set forth in the “Scope of Services” attached hereto as Exhibit “A” and incorporated herein by reference. Consultant warrants that it has the experience and ability to perform all work and services required hereunder and that it shall dili gently perform such work and services in a professional and satisfactory manner.

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

1.3 California Labor Law . I f the Scope of Services includes any “public work” or “maintenance work,” as those terms are defined in California Labor Code section 1720 et seq. and Cali fornia Code of Regulations, Title 8, Section 16000 et seq. , and if the total compensation is $1,000 or more, Consultant shall pay prevailing wages for such work and comply with the requirements in California Labor Code section 1770 et seq. and 1810 et seq ., and all other applicable laws.

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

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

2. COMPENSATION

2.1 Contract Sum . For the se rvices rendered pursuant to this Agreement, Consultant shall be compensated in ac cordance with the “Schedule of Compensation” attached hereto as Exhibit “C” and incorporated herein by this reference, but not exceeding the maximum contract amount of $66,208 (Sixty-Six Thousand Two Hundred and Eight Dollars) (“Contract Sum”).
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2.2 Invoices. Each month Consultant shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month in a form approved by City’s Director of Finance. By submitting an invoice for payment under this Agreement, Consultant is certifying comp liance with al l provisions of the Agreement. The invoice shall contain all information specified in Exhibit “C” , and shall detail charges for all necessary an d actual expenses by the following categories: labor (by sub-category), travel, materials, equipment, supplies, and sub -contractor contracts. Sub-contractor charges shall also be detailed by such categories. Consultant shall not invoice City for any duplic ate services performed b y more than one person.

City shall independently review each invoice subm itted by the Consultant to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. Except as to an y charges for work perfo rmed or expenses i ncurred b y Consultant which are disputed by City, City will use its be st efforts to cause Consultant to be paid within forty five (45) days of receipt of Consultant’s correct and undisputed invoice ; however, Consultant acknowledges and ag rees that due to City warrant run procedures, the City cannot guarantee that payment will occur within this time period. In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Consultant for correction and resubmission. Review and payment by the City of any invoice provided by the Consulta nt shall not constitute a waiver of any rights or remedies provided herein or any applicable law.

2.3 Additional Services . City shall have the righ t at any time during the performance of the services, without invalidating this Agreement, to orde r extra work beyond that specified in the Scope of Services or make changes by altering, adding to or deducting from said work. No such extra work may be unde rtaken unless a written order is first given by the Contract Officer to the Consultant, incorpora ting therein an y adjustment in (i) the Contract Sum for the actual cost of the extra work, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the wr itten approval of the Consultant. Any increase in compensation of up to ten percent (10%) of the Contract Sum but not exceeding a total contract amount of Five Thousand Dollars ($5,000) or in the time to perform of up to ninety (90) days may be approved by the Contract Offi cer. Any greater increases, taken either separately or cumulatively, must be approved by the City Council. No claim for an increase in the Contract Sum or time for performance shall be valid unless the procedures established in this Section are followed.

3. PERFORMANCE SCHEDULE

3.1 Time of Essence . Time is of the es sence in the p erformance of this Agreement.

3.2 Schedule of Performance . Consultant shall commence the services pursuant to this Agreement upon receipt of a writt en notice to proceed and shall perform all services within the time period(s) established in the “Schedule of Performance” attached hereto as Exhibit “ D” and incorporated herein by this reference. When requested by the Consultant, extensions to the time pe riod(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer but not exceeding thirty (30) days cumulatively.

3.3 Force Majeure . The time period(s) specified in the Schedule of Performance for performance of the services rendered pursuant to thi s Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the 57 3
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fault or negligence of the Consultant, including, but not restricted to, acts of God or of the public enemy, unusuall y severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embar goes, wars, litigation, and/or acts of any governmental agency, including the City, if the Consultant shall within ten (10) days of the commencem ent of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Con tract Officer such delay is justified. The Contract Officer’s determinati on shall be fi nal and conclusive upon the parties to this Agreement. In no event shall Consultant be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Consultant’s sole remedy being extension of the Agreement pursuant to this Section.

3.4 Term. Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect until completion of the services but not exceeding one year from the date hereof, except as otherwise provided in the Schedule of Performance ( Exhibit “ D”). The City may, in its sole discretion, extend the Term for five (5) additional one-year terms.

4. COORDINATION OF WORK

4.1 Representative of Consultant. Robert Broestl , Vice President , Sharat Bandugula, Secretary, Anoop Admal, Principal, and Daniel Leary, Principal are hereby designated as being the representative of Consultant authorized to act on its behalf with respect to the work and services specified herein and make all decis ions in connec tion therewith. All personnel of Consultant and any au thorized agents shall be under the exclusive direction of the representative of Consultant. Consultant shall utilize onl y competent person nel to pe rform services pursuant to this Agreement . Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant’s staff and subcontractors, and shall keep City informed of any changes.

4.2 Contract Officer. Aaron Roth, Interim City Manager, or such person as he may designate, is hereby designated as being the represent ative the City authorized to act in its behalf with respect to the work and services speci fied herein and to make all dec isions in connection therewith (“Contract Officer”).

4.3 Prohibition Against Subcont racting or Assignment . Consultant shall not contract with any entity to perform in whole or in part the work or services required hereunder without the express written approva l of the City. Neither this Agreement nor any interest herein may b e as signed or transferred, voluntarily or by operation of law, witho ut the prior written approval of City. Any such prohibited assignment or transfer shall be void.

4.4 Independent Consultant. Neither the City nor any of its employees shall have any control o ver the manner, mode or means by which Consultant, its agents or empl oyees, perform the services required herein, except as otherwise set forth. Consultant shall perform all services required herein as an indep endent contractor of City with only such obliga tions as are consistent with that role. Consultant shall not at any time or in any manner represent that it or any of its agents or employees are agents or em ployees of City, or that it is a member of a joint enterprise with City.
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5. INSURANCE AND INDEMNIFICATION

5.1 Insurance Coverages. Without limiting Consultant’s indemnifica tion of City, and prior to commencement of any services under this Agreement, Consultant sh all obtain, provide and maintain at its own expense during the term of this Agreement, policies o f insurance of the type and amounts described below and in a form satisfactory to City. (a) General liability insurance . Consultant shall maintain commercial general liability insurance wit h coverage at least as broad as Insurance Services Office form CG 00 01, in an a mount not less than $1,000,000 per occurrence, $2,000, 000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liabil ity that has not bee n amended. Any endorsement restricting standar d ISO “insured contract” language will not be accepted.
(b) Automobile liability insurance . Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 c overing bodily injury and property damage for all activ ities of the C onsultant arising out of or in connection with Services to be performed under this Agreement, including coverage for any owned, hired, non - owned or rented vehicles, in an amoun t not less than $1,0 00,000 combined single limit for each accident.
(c) Professional liability (errors & omissions) insurance . Consultant shall maintain professional liability insurance that covers the Services to be performe d in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the agg regate. Any policy inception date, continuity date, or retroactive d ate must be before the effective date of this Agreement and Consultant agrees to maintain c ontinuous coverage through a period no less than three (3) years after completion of the services required by this Agreement. (d) Workers’ compensation insurance . C onsultant shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000).
(e) Subcontractors. Consultant shall i nclude all sub contractors as insureds under its policies or shall fu rnish separate certificates and certified endorsements for each subcontractor. All coverage s for subcontractors shall incl ude all of the requi rements stated herein.
(f) Additional Insurance. Policies of such other insurance, as may be required in the Special Requirements in Exhibit “B”.

5.2 General Insurance Requirements.
(a) Proof of insurance . Con sultant shall provide certifica tes of insu rance to City as evidence of the insurance coverage req uired herein, along with a waiver of subrogation endorsement for wor kers’ compensation. Insurance certificates and endorsements must be approved by City’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept o n file with Ci ty at all times during the term of this Agreement. Cit y reserves the right to require complete, certified copies of all required insurance polici es, at any time.
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(b) Duration of coverage . Consultant shall procure and maintain for the duration of this Agre ement insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Services hereunder by Consultant, its agents, representatives, employees or subconsultants. (c) Primary/noncontributing. Coverage provided by Consultant shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of i nsurance required herein may be satisfied by a combinat ion of primary and umbrella or excess insurance. Any umbrella or exc ess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non - contributory basis for the benefit of City before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured.
(d) City’s rights of enforcement. In the event any policy of insurance requi red under this Agreement does n ot comply with these specifications or is canceled and not replace d, City has th e right but not the duty to obtain the insurance it de ems necessary and any premium paid by City will be promptly reimbursed by Consultant or Cit y will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement. (e) Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Co mmissioner to transact business of insurance or that is on the List of Approved Surplus Line Insu rers in the St ate of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VI (or larger) in accordance with t he latest edition of Best’s Key Rating Guide, unles s otherwise approved by the City’s Risk Manager.
(f) Waiver of subrogation. All insurance coverage maintained or p rocured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, of ficials, employees and volunteers or shall specifically allow Consultant or others providing insurance evidence in complian ce with these specifications to waive their right of recovery prior to a loss. Consultant h ereby waives its own right of r ecovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
(g) Enforcement of contract provisions (non -estoppel). Consultant acknowledges and agrees that any actual or alleged failure on t he part of the City to inform Consultant of non -compliance with an y re quirement imposes no additional obligations on the City nor does it waive any rights hereunder.
(h) Requirements not limiting . Requirements of specific cov erage features or limits contai ned in this section are not intended as a limitation on coverage, limits or othe r requirements, or a waiver of any coverage normally p rovided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured t o be all inclusive, or to the exclusion of other coverage, or a waiv er of any type. If the Consultant maintains higher limits than the minimums shown above, the City requires and shall be en titled to coverage for the higher limits maintained by the Consult ant. Any available insurance proceeds in excess of the specified min imum limits of insurance and coverage shall be available to the City. 60 6
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(i) Notice of cancell ation. Consultant agrees to obl ige its ins urance agent or broker and insurers to provide to City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.
(j) Additional insured status. General lia bility policies shall provide or be endorsed to provide that City and its officers, officials, employees, and agen ts, and volunteers shall be additional insureds under such policies. This provision shall a lso apply to any excess/umbrella liability policies.
(k) Prohibition of undisclosed coverage limi tations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. (l) Separation of insureds. A severability of interests provision must apply for all additional insureds ensuring that Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, ex cept with r espect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions. (m) Pass thr ough clause . Consultant agrees to ensure that its subconsultants, subcontractors, and any other party involved with the pr oject who is brought onto or involved in the project by Consultant , pr ovide the same minimum insurance coverage and endorsements required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of t his sectio n. Consultant agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the project will be submitted to City for review. (n) Agency’s right to revise specif ications. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of s uch change. If such change results in subs tantial additional cost to the Consultant, the City and Consultant may renegotiate Consultant’s compensation.
(o) Self-insured retentions . Any self -insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by City.
(p) Timely notice of claims . Consultant shal l give City prompt and timely notice of claims made or suits instituted that arise out of or resu lt from Consultant’s performance under this Agreement, and that invo lve or may involve coverage under any of the required liability policies.
(q) Additional in surance. Consultant shall also procure and maintain , at its own cost and expense, any additional kinds of insur ance, which in its own judgment may be necessary for its proper protection and prosecution of the work.

5.3 Indemnification. To the full extent permitted by law, Consultant agrees to indemnify, defend and hold harmless the City, its officers, emp loyees and age nts (“Indemnified 61 7
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Parties”) against, and will hold and save them and each of them harmless from, any and all actions, either judicial, administra tive, arbitration or regulatory claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities whether actual or threatened (herein “claims or liabilities”) that may be asserted or claimed by any person, fir m or entity arising out of or i n connection with the negligent performance of the work, operations or activities provided herein of Consultant, its officers, employe es, agents, subcontractors, invitees, or any individual or entity for which Consultant is l egally liable (“indemnitors”), or arising from Consultant’s or indemnitors’ reckless or w illful misconduct, or arising from Consultant’s or indemnitors’ negligent pe rformance of or failure to perform any term, provision, covenant or condition of this Agree ment, except claims or liabilit ies occurri ng as a result of City’s sole negligence or wil lful acts or omissions. The indemnity obligation shall be binding on success ors and assigns of Consultant and shall survive termination of this Agreement.

6. RECORDS, REPORTS, AND RELEASE OF INFORMATION

6.1 Records. Consultant shall keep, and require subcontracto rs to k eep, such ledgers, books of accounts, invoices, vouchers, canceled ch ecks, reports, studies or other documents relating to the disbursements charged to City and services performed hereunder ( the “books and records”), as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the performance of such services and shall keep such records for a period of three years following completion of the services hereund er. The Contract Officer shall have fu ll and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts from such records.

6.2 Reports. Consultant shall periodically prepare and submit to th e Contract Officer such reports concerning the performance of the services r equired by this Agreement or as the Contract Officer shall require.

6.3 Confidentiality and Release of Information.
(a) All i nformation gained or work product produced by Consultant in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Consultant. Consultant shall not release or disclose any such information o r work product to persons or entities other tha n the C ity without pr ior written authorization from the Contract Officer.
(b) Consultant shall not, without prior written authorization from the Contract Officer or u nless requested by the City Att orney, voluntarily p rovide documents, declarations, letters of su pport, testimo ny at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered “voluntary” provided Consultant gives the City notice of such court order or subpoena.
(c) If Consultant provides any information or work product in violation of this Agreement, then the City shall have the right to rei mbursement and indemnity from Consultant for any da mages, costs and fees, including attor ney’s fees, caused by or incurred as a result of Consultant’s conduct.
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(d) Consultant shall promptly notify the City should Consultant be served with any summons, comp laint, subpoena, notice of depo sition, req uest for documents, interrogatories, request fo r admissions or other discovery request, court order or subpoena from any pa rty regarding this Agreeme nt and the work performed there under. The City retains the right, but has no obligation, to repr esent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with the City an d to provide the City with the opportunity to review any response to discovery requests provided by Consultant.

6.4 Ownership of Documents. All studies, surveys, data, notes, computer files, reports, records, drawings, specifications, maps, designs, photograph s, documents and other materials (the “documents and materials”) prepared by Consultant in the performance of this Agreement shall be the property of the City and shall be delivere d to the City upon request of the Contract Officer or upon the termination o f this Agreement, and Consultant shall have no claim for further employment or additional c ompensation as a result of the exercise by the City of its full rights of ownership use, reuse, or a ssignment of the documents and materials hereunder.

Moreover, Consultant with respect to any documents and materials that may qualify as “works made for hir e” as defined in 17 U.S.C. § 10 1, such documents an d materials are hereby deemed “works made for hire” for the City.

7. ENFORCEMENT OF AGREEMENT AND TERMINATION

7.1 California Law . This Agreement shall be interpreted, construed and governed both as to validity a nd to performance of the partie s in accordance with the laws of the State of California. Legal a ctions concern ing any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Los Angeles, State of California. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in the County of Los Angeles, State of California.

7.2 Disputes; Default . In the event that Consultant is in def ault under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Consultant for any work performed after the date of d efault. Instead, the City may give notice to Consultant of the default and the reasons for the default. The notice shall include the timeframe in which Consultant may cure the default. This timeframe is presumptively thirty (30) days, but may be extended, if circumstances warrant. During the period of time that Consultant is in default, the City shall hold all invoices and sh all, when t he default is cured, proceed with payment on th e invoices. If Consultant does not cure the default, the City may take neces sary steps to terminate this Agreement under this Article.

7.3 Legal Action . In addition to an y other rights or remedies, eit her party may take l egal action, in law or in equity, to c ure, co rrect or remed y any default, to recover damages for any default, to c ompel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement.

Notwithstanding any contrary provision herein, Consultant shall file a statutory claim p ursuant to Government Code Sections 905 et. seq. and 910 et. seq., in order to pursue a ny legal action under this Agreement.

Except with res pect to rights and remedies expressly declared to be exclus ive in this Agreement, the rights and remedies of the p arties are cumulative and the exercise by either party of one or more of such rights or rem edies shall not preclude the ex ercise by i t, at the same or 63 9
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different times, of any other rights or remedies for the same default or any other default by the other party.

7.4 Termination Prior to Expiration of Term . This Section shall govern any termination o f this Contract except as speci fically provided in the following Section for termination for cause. The City r eserves the right to terminate this Contract at any tim e, with or without cause, upon thirty (30) days’ written notice to Consultant, except that where termination is due to the fault of t he Consultant, the period of notice may be such shorter time as may be determined by the Contract Officer. In addition, the Consultant reserves the right to terminate this Contract at any time, with or without caus e, upon sixty (60) days’ writte n notice to City, except that where termination is due to the fault of the City, the period of notice may be such shorter time as the Consultant may determine. Upon receipt of any notice of termination, Consultant shall immediately cease all services hereu nder except such as may be specifically approved by the Contract Officer. Except where the Consultant has initiated termination, the Consultant shall be entitled to compensation for all services rendered prior to the effectiv e date of the notice of termination and for any ser vices authorized by the Contract Offic er thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer. In the event the Consultant has initiated termination, the Consultant shall be entitled to compensation only for the reasonable value of the w ork pro duct actually produced hereunder, but not exceeding the compensation provided therefore in the Schedule of Compensation Exhibit “C”. In the event of termination without cause pursuant to this Section, the termin ating party need not provide the non-terminating party with the opportunity to cure pursuant to Section 7.2.

7.5 Termination for Default of Consultant. If termination is due to the failure of the Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provis ions of Section 7.2, take over the work and prosecute the same to completion by contract or otherwise, and the Consultant shall be liable to the extent that the total cost for completion of the serv ices required hereun der exceeds the compensation herein st ipulated (provided th at the City shall use reasonable efforts to mitigate su ch damages), and City may withhold any payments to the Consultant for the purpose of set -off or partial payment of the amounts owed the City as previously stated.

8. MISCELLANEOUS

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

8.2 Non-liability of City Officers and Employees . No officer or employee of the City shall be personally liable to the Consultant, or any successor in interest, in the event of any default or breach by the City or for any amount, which may become due to the Consultant or to its successor, or for breach of any obligation of the terms of this Agreement. 64 10
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8.3 Notice. Any notice, demand, reque st, document, consent, approval, or communication either party desires or is required to gi ve to the other party or any ot her person shall be in writing and either served personall y or sent by prepaid, first-class mail, in the case of the City, to the City Manager and to the attention of the Contract Officer (with her/his name and City title), City of Suisun City, 701 Civic Center Blvd., Suisun City, CA 94585, and in the case of the Consultant, to the p erson(s) at the address designated on the execution pag e of this Agreement. Either party may change its address by notifying the other party of th e change of address in writing. Notice shall be dee med communicated at the time personall y delivered or in seventy-two (72) hours from the time of mailing if mailed as provided in this Section.

8.4 Integration; Amendment . It is understood that there are no or al agreements between the parti es hereto a ffecting this Agreement and this Agreement supe rsedes and cancels any and all previous negotiations, arrangements, agreemen ts and understandings, if any, between the parties, and none shall be used to interpret this Agreement. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing.

8.5 Severability. In the event that part of this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a co urt of competent jurisdiction, such invalidity or unenforceability shall not affect any o f the r emaining porti ons of this Agreement which are hereby declared as seve rable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless.

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

A party’s consent to or approval o f any act by the other party requiring the party’s consent or approval shall not be deemed to waive or render unnecessary the other party’s consent to or approval of any subsequent act. Any waiver by either party of any default must be in writin g and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.

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

8.8 Interpretation.

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

8.9 Counterparts.

This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument. 65 11
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8.10 Warranty & Re presentation of Non -Collusion. No offi cial, o fficer, or employee of City has any financial interest, direct or ind irect, in this Agreement, nor shall any official, officer, or employee of City participate in any decision relating to thi s Agreement which may affect his/her financial interest or the fi nancial intere st of any corporation, partnership, or association in w hich (s)he is directly or indirectly interested, or in violation of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any State or mun icipal statute or regulation. The determination of “fin ancial interest” shall be consistent with State law and shall not include interests found t o be “remote” or “noninterests” pursuant to Government Code Sections 1091 or 1091.5. Consultant warrants and represents that it has not paid or given, and will not pay or give, to any third party including, but not limited to, any City official, officer, or employee, any money, consideration, or other thing of value as a result or consequence of obta ining or being awarded any agreement. Consultant further warrants and represents that (s)he/it has not engaged in any act(s), omission(s), or other conduct or c ollusion that would result in t he payment of any money, consideration, or other thing of value to any third party including, but not limited to, any City official, o fficer, or employee, as a result of consequence of obtaining or being awarded any agreement . Consultant is aware of and understands that any s uch act(s), omission(s) o r other condu ct resu lting in such payment of money, consideration, or other thing of valu e will render this Agreement void and of no force or effect.

Consultant’s Authorized Initials _______

8.11 Corporate Authority. The persons executing this Agreement on behalf of the par ties he reto warrant t hat (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (i ii) by so executing this Agreement, such party is f ormally bound to the provisions of thi s Agree ment, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. This Agreement shall be bind ing upon the heirs, executors, administrators, successors and assigns of the parties.
[Signatures On The Following Page]
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first-above written.

CITY:

CITY OF SUISUN CITY, a municipal
corporation

Aaron Roth, Interim City Manager
ATTEST:

Donna Pock, Deputy City Clerk

APPROVED AS TO FORM:

ALESHIRE & WYNDER, LLP

Elena Q. Gerli, City Attorney

CONSULTANT:

BELLECCI & ASSOCIATES
By:

Name: Daniel Leary
Title: Principal
By:

Name: Anoop Admal
Title: Principal
Address: 2290 Diamond Blvd., Suite 100
Concord, CA 94520

Two c orporate officer signatures required when Con sultant is a corporation, with one signature required from each of the fol lowing groups: 1) Cha irman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Offi cer or any Assistant Treasurer. CONSULTANT’S

SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE

INCLUDED AS MAY BE RE QUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT’S BUSINESS ENTITY. 67 01107.0006/958406.1

CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT

STATE OF CALIFORNIA

COUNTY OF LOS ANGELES
On __________, 2024 before me, ________________, personally appeared ________________, proved to me on the basis of satisfactory evidence to be the person(s) whose n ames(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her /their authorized cap acity(ies), and that by his/her/their signature(s) on the in strument the person(s), or the entity upon behalf of whi ch the p erson(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the Stat e of Cali fornia that the foreg oing paragraph is true and correct.

WITNESS my hand and official seal.

Signature: _____________________________________

OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form.

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT

INDIVIDUAL

CORPORATE OFFICER
_______________________________

TITLE(S)

PARTNER(S) LIMITED

GENERAL

ATTORNEY-IN-FACT

TRUSTEE(S)

GUARDIAN/CONSERVATOR
OTHER_______________________________
______________________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_____________________________________________
_____________________________________________

___________________________________

TITLE OR TYPE OF DOCUMENT
___________________________________

NUMBER OF PAGES
___________________________________

DATE OF DOCUMENT
___________________________________

SIGNER(S) OTHER THAN NAMED ABOVE

A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document. 68 01107.0006/958406.1

CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT

STATE OF CALIFORNIA

COUNTY OF LOS ANGELES
On __________, 2024 before me, ______________ __, personally appear ed ________________, proved to me on the basis of satisfacto ry evidence to be the person(s) whose names(s) is/are su bscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and t hat by his/her/their signature(s) on the instrument the pers on(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the Stat e of California that the f oregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature: _____________________________________

OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT

INDIVIDUAL

CORPORATE OFFICER
_______________________________

TITLE(S)

PARTNER(S) LIMITED

GENERAL

ATTORNEY-IN-FACT

TRUSTEE(S)

GUARDIAN/CONSERVATOR
OTHER_______________________________
______________________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_____________________________________________
_____________________________________________

___________________________________

TITLE OR TYPE OF DOCUMENT
___________________________________

NUMBER OF PAGES
___________________________________

DATE OF DOCUMENT
___________________________________

SIGNER(S) OTHER THAN NAMED ABOVE

A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document. 69 01107.0006/958406.1 A-1

EXHIBIT “A”

SCOPE OF SERVICES
I. Consultant will provide design services for raised median safety improvements at the intersections of Walters Road at McClellan Drive, Railroad Avenue at Village Drive, and Railroad Avenue at Birchwood Court. In general, Consultant will perform the following services:

A. Kick‐off Meeting. Consultant will meet with City staff to review the purpose of the project, define the scope of work and project goals. An initial project schedule will be developed and submitted to Staff at the meeting.

Deliverables: Kick‐off meeting minutes and updated project schedule within one week of the meeting.

B. Pre-Design Research and Preliminary Design Layout. Consultant will establish design criteria, project objectives, layout, and key components of the project. This work also includes preliminary site investigation, review of posted speeds, review of sight triangles based on Caltrans HDM, preparation of preliminary concept plans, and initial cost estimates. The project will meet Caltrans, California Manual on Uniform Traffic Control Devices and City of Suisun City design standards. Consultant will review utility information and coordinate with utility companies for adjustment of facilities.

Deliverables: Preliminary design, outline of intersection configuration, and initial cost estimate.

C. Design Development. Following the City’s selection of the proposed intersection layout, Consultant will incorporate recommendations and comments from review of Preliminary Design to develop 75% construction documents, and revise opinion of probable construction costs. Consultant will work closely with City staff to resolve the final site layout and pole locations during the preliminary design phase, such that there are no layout changes during the 75% design phase.

Consultant will identify and coordinate work with utility agencies for any utilities in conflict. Construction drawing layouts will be furnished in the latest released AutoCAD version using City format. Specifications will be prepared in the City’s standard format and in accordance with California Department of Transportation (Caltrans) Standard Specifications.

Deliverables: 75% plans, specifications, and estimates - Two hard copies.

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Drawings will include:

1. Title Sheet

2. Demolition Plans – Three locations

3. Improvement Plans – Three locations

4. Civil Details

5. Signing and Striping Plans

6. Horizontal Control Plans

7. Erosion and Sediment Control Plans.

8. Landscape and Irrigation Plans for median extension and restoration (optional).

D. Final 100% Bid Set Documents. Consultant will incorporate recommendations and comments from review of 75% design into final drawings and specifications ready for construction. The City will provide the front-end documents, agreements, state, , notice to contractors, bonding requirements, and insurance requirements. Consultant will prepare an estimated cost of construction. The City will prepare a bid package and advertise and award the project.

Deliverables: Wet-signed Final plans, specifications, and estimates-Two hard copies.

71 01107.0006/958406.1 B-1

EXHIBIT “B”

SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
Added text is indicated in bold italics, deleted text is indicted in strikethrough.

I. Section 2.3, Additional Services, is amended to read:

City shall have the r ight at any time during the performance of the services, wi thout invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written order is first given by the Contract Officer to the Consultant, incorporating therein any adjustment in (i) the Contract Sum for the actual cost of the extra work, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Consultant . Any increase in compensation of up to ten percent (10%) of the Contract Sum but not exceeding a total contract amount of Five Thousand Dollars ($5,000) or in the time to perform of up to ninety (90) days may be approved b y the Contract Officer. Any great er increases, taken either separately or cumulatively, must be approved by the City Council. No claim for an increase in the Contract Sum or time for performance shall be valid unless the procedure s established in this Section are followed.

II. Section 5.3, Indemnification, is amended to read:

To the full ext ent permitted by law, Consultant agrees to indemnify, defend and hold harmless the City, its officers, employees and agents (“Indemnified Parties”) against, and will ho ld and save them and ea ch of them harmless from, any and all actions, either judicial, administrative, arbitration or regulatory claims, damages to persons or property, losses, co sts, penalties, obligations, erro rs, omissions or l iabilities whether actual or threatened (herein “claims or liabilities”) that may be asserted or claimed by any pe rson, firm or entity arising out of or in connection with to the extent caused by the negligent performance of the work, operations or activit ies provided herein of Con sultant, its officers, employees, agents, subcontractors, invitees, or any individual or entity for which Consultant is legally liable (“indemnitors”), or arising from Consultant’ s or indemnitors’ reckless or wi llful misconduct, o r ar ising from Consultant’s or indemnitors’ negli gent performance of or failure to perform any term, provision, c ovenant or condition of this Agreement, except claims or liabilities occurring as a result o f City’s sole negligence or willful acts or omissio ns. The indemnity obligati on shall be binding on successors and assigns of Consultant and shall survive terminati on of this Agreement. 72 C-1
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EXHIBIT “C”

SCHEDULE OF COMPENSATION
I. Consultant shall perform the following Services at the following rates:

II. Within the budgeted a mounts for each Task, and with the appro val of the Contract Officer, funds may be shif ted from one Task subbudget to another so long as the Contract Sum is not exceeded per Section 2.1, unless Additional Services are approved per Section 2.3.

III. The City will compensate Consultant for the Services performed upon submission of a valid invoice. Each invoice is to include:

A. Line items for all the work performed, the number of hours worked, and the hourly rate.

B. Line items for all materials and equipment properly charged to the Services.

C. Line items for all other approved reimbursable expenses claimed, with supporting documentation.

D. Line items for all approved subcontractor labor, supplies, equipment, materials, and travel properly charged to the Services.

IV. The total compensation f or the Services shall not exceed the Contract Sum as provided in Section 2.1 of this Agreement.
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EXHIBIT “D”

SCHEDULE OF PERFORMANCE
I. Consultant shall perform all services timel y in accordanc e with the following schedule:

74 AGENDA ITEM NO. 13

AGENDA TRANSMITTAL

MEETING DATE:

February
6, 2024

AGENDA ITEM:

Council Adoption of Resolution No. 2024-___: Authorizing the Filing of an Application for the Funding Assigned to the Metropolitan Transportation Commission (MTC) and Committing Necessary Matching Funds and Stating Assurance to Complete the Suisun City EV Station Installation Project.

FISCAL IMPACT:

There would be no impact on the General Fund from this item. The Suisun City EV Station Installation Project (Project) will be completed with a combination of $350,000 in grant funds from MTC through the Transit Station Public Charging Program. A match of at least 11.47% is required for this grant program. The City has received $250,000 in grant funds through the State of California Department of Caltrans for the Electric Vehicle (EV) Charging Station Infrastructure Improvements Project and a portion of those funds will be used towards this Project as the required match. The total Project cost is estimated at $420,700.

STRATEGIC PLAN:

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

BACKGROUND:

On September 6, 2023, MTC released a Call for Projects from eligible Bay Area public transit agencies (or location government in partnership with transit agencies) to submit project proposals for the Transit Station Public Charging Program (Program). This Program made funds available to purchase and install publicly accessible charging stations for electrical vehicles and/or electronic mobility devices (bikes, scooters, assistive mobility devices, etc.) at transit stations.

As part of Plan Bay Area 2050 climate initiatives, this call sought to reduce greenhouse gas emissions by expanding clear transportation options, and to advance other regional priorities.

The Transit Station Public Charging Program (Program) is a Climate Initiative funded through the One Bay Area Grant 3 (OBAG 3) to implement Plan Bay Area 2050 Environment Strategy 8 (Expand Clean Vehicle Initiatives). Total available funding through the Program: $10 million with funding from the federal Carbon Reduction Program (CRP). The minimum funding amount per project was $250,000 and the maximum was $3 million.

STAFF REPORT:

On October 18, 2023, staff applied for the Suisun City EV Station Installation Project (Project). This Project would install four (4) total electric vehicle (EV) stations in the City’s Park N Ride Lot located on the north side of Lotz Way between Main Street and Civic Center Blvd.

MTC asked the city for further clarification on the submitted Project application, and this information was submitted on November 28, 2023. Staff worked with MTC’s liaison for this Program to get the application submitted to the Joint MTC Planning Committee with the ABAG Administrative Committee and was reviewed and approved on January 12, 2024.

This Project will install a total of four (4) EV stations in the Park N Ride Lot. Three (3) stations will be Level-2 stations and one (1) station will be a Level-3 station. Level 2 chargers are the most common type of EV station. They charge at a rate of approximately 12-80 miles per hour. Level 3 chargers fill a battery at a rate of 75-1,200 miles per hour. Staff is investigating the cancellation policy with 75 ChargePoint to potentially remove one or both of the existing stations and replace these stations as part of this Project.

In order for the City to receive these funds, the City must approve the Resolution associated with this Staff Report stating that the City agrees to receive the funds, proving any necessary matching funds, and assures that this Project will get completed. Staff recommends the Resolution associated with this Staff Report be approved by City Council.

STAFF RECOMMENDATION:

It is recommended that the City Council adopt Resolution No. 2024- ___: Authorizing the Filing of an Application for the Funding Assigned to the Metropolitan Transportation Commission (MTC) and Committing Necessary Matching Funds and Stating Assurance to Complete the Suisun City EV Station Installation Project.

DOCUMENTS ATTACHED:
1 .

Resolution No. 2024-___: Authorizing the Filing of an Application for the Funding Assigned to the Metropolitan Transportation Commission (MTC) and Committing Necessary Matching Funds and Stating Assurance to Complete the Suisun City EV Station Installation Project.

PREPARED BY:

Amanda Dum, Management Analyst II
REVIEWED BY:

Nouae Vue, Public Works Director
APPROVED BY:

Aaron Roth, Interim City Manager

ATTACHMENTS:

1. Resolution Authorizing Filing of an Application for Funding Assigned to MTC and Committing Necessary Matching Funds and Stating Assurance to Complete the Suisun City EV Station Installation Project
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28 RESOLUTION NO. 2024 -

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

AUTHORIZING THE FILING OF AN APPLICATION FOR THE FUNDING

ASSIGNED TO THE METROPOLITAN TRANSPORTATION COMMISSION
(MTC) AND COMMITTING ANY NECESSARY MATCHING FUNDS AND

STATING ASSURANCE TO COMPLETE THE SUISUN CITY EV STATION

INSTALLATION PROJECT

WHEREAS, THE CITY OF SUISUN CITY (herein referred to as APPLICANT) is submitting an application to the Metropolitan Transportation Commission (MTC) for $350,000 in funding assigned to the Metropolitan Transportation Commission (MTC) for programming discretion, which includes federal funding administered by the Federal Highway Administration (FHWA) and federal or state funding administered by the California Transportation Commission (CTC) such as Surface Transportation Block Grant Program (STP) funding, Congestion Mitigation and Air Quality Improvement Program (CMAQ) funding, Carbon Reduction Program (CRP) funding, Transportation Alternatives (TA) set - aside/Active Transportation Program (ATP) funding, and Regional Transportation Improvement Program (RTIP) fun ding (herein collectively referred to as REGIONAL DISCRETIONARY FUNDING) for the SUISUN CITY EV STATION INSTALLATION PROJECT (herein referred to as PROJECT) for the TRANSIT STATION PUBLIC CHARGING PROGRAM (herein referred to as PROGRAM); and

WHEREAS, the United States Congress from time to time enacts and amends legislation to provide funding for various transportation needs and programs, (collectively, the FEDERAL TRANSPORTATION ACT) including, but not limited to the Surface Transportation Block Grant Program (STP) (23 U.S.C. § 133), the Congestion Mitigation and Air Quality Improvement Program (CMAQ) (23 U.S.C. § 149), the Carbon Reduction Program (CRP) (23 U.S.C. § 175), and the Transportation Alternatives (TA) set -aside (23 U.S.C. § 133); and

WHEREAS, state statutes, including California Streets and Highways Code §182.6, §182.7, and §2381(a)(1), and California Government Code §14527, provide various funding programs for the programming discretion of the Metropolitan Planning Organization (MPO) and the Regional Transportation Planning Agency (RTPA); and

WHEREAS, pursuant to the Federal Transportation Act, and any regulations promulgated thereunder, eligible project sponsors wishing to receive federal or state funds for a regionally-significant project shall submit an application first with the appropriate MPO, or RTPA, as applicable, for review and inclusion in the federal Transportation Improvement Program (TIP); and

WHEREAS, MTC is the MPO and RTPA for the nine counties of the San Francisco Bay region; and

WHEREAS, MTC has adopted a Regional Project Funding Delivery Policy (MTC Resolution No. 3606, revised) that sets out procedures governing the application and use of REGIONAL DISCRETIONARY FUNDING; and

77 Resolution No. 2024-
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WHEREAS, APPLICANT is an eligible sponsor for REGIONAL DISCRETIONARY FUNDING; and

WHEREAS, as part of the application for REGIONAL DISCRETIONARY FUNDING, MTC requires a resolution adopted by the responsible implementing agency stating the following:

• the commitment of any required matching funds; and
• that the sponsor understands that the REGIONAL DISCRETIONARY FUNDING is fixed at the programmed amount, and therefore any cost increase cannot be expected to be funded with additional REGIONAL DISCRETIONARY FUNDING; and • that the PROJECT will comply with the procedures, delivery milestones and funding deadlines specified in the Regional Project Funding Delivery Policy (MTC Resolution No. 3606, revised); and
• the assurance of the sponsor to complete the PROJECT as described in the application, subject to environmental clearance, and if approved, as included in MTC's federal Transportation Improvement Program (TIP); and
• that the PROJECT will have adequate staffing resources to deliver and complete the PROJECT within the schedule submitted with the project application; and • that the PROJECT will comply with all project- specific requirements as set forth in the PROGRAM; and
• that APPLICANT has assigned, and will maintain a single point of contact for all FHWA- and CTC-funded transportation projects to coordinate within the agency and with the respective County Transportation Agency (CTA), MTC, Caltrans, FHWA, and CTC on all communications, inquires or issues that may arise during the federal programming and delivery process for all FHWA- and CTC-funded transportation and transit projects implemented by APPLICANT; and
• in the case of a transit project, the PROJECT will comply with MTC Resolution No. 3866, revised, which sets forth the requirements of MTC’s Transit Coordination Implementation Plan to more efficiently deliver transit projects in the region; and • in the case of a highway project, the PROJECT will comply with MTC Resolution No. 4104, which sets forth MTC’s Traffic Operations System (TOS) Policy to install and activate TOS elements on new major freeway projects; and • in the case of an RTIP project, state law requires PROJECT be included in a local congestion management plan, or be consistent with the capital improvement program adopted pursuant to MTC’s funding agreement with the County Transportation Agency (CTA); and

WHEREAS, that APPLICANT is authorized to submit an application for REGIONAL DISCRETIONARY FUNDING for the PROJECT; and

WHEREAS, there is no legal impediment to APPLICANT making applications for the funds; and

78 Resolution No. 2024-
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WHEREAS, there is no pending or threatened litigation that might in any way adversely affect the proposed PROJECT, or the ability of APPLICANT to deliver such PROJECT; and

WHEREAS, APPLICANT authorizes its Executive Director, General Manager, or designee to execute and file an application with MTC for REGIONAL DISCRETIONARY FUNDING for the PROJECT as referenced in this resolution; and

WHEREAS, MTC requires that a copy of this resolution be transmitted to the MTC in conjunction with the filing of the application.

NOW, THEREFORE, BE IT RESOLVED that the APPLICANT is authorized to execute and file an application for funding for the PROJECT for REGIONAL DISCRETIONARY FUNDING under the FEDERAL TRANSPORTATION ACT or continued funding; and

BE IT FURTHER RESOLVED:

RESOLVED, that APPLICANT will provide any required matching funds; and be it further

RESOLVED, that APPLICANT understands that the REGIONAL
DISCRETIONARY FUNDING for the project is fixed at the MTC approved programmed amount, and that any cost increases must be funded by the APPLICANT from other funds, and that APPLICANT does not expect any cost increases to be funded with additional REGIONAL DISCRETIONARY FUNDING; and be it further

RESOLVED, that APPLICANT understands the funding deadlines associated with these funds and will comply with the provisions and requirements of the Regional Project Funding Delivery Policy (MTC Resolution No. 3606, revised) and APPLICANT has, and will retain the exp ertise, knowledge and resources necessary to deliver federally -funded transportation and transit projects, and has assigned, and will maintain a single point of contact for all FHWA - and CTC -funded transportation projects to coordinate within the agency an d with the respective County Transportation Agency (CTA), MTC, Caltrans, FHWA, and CTC on all communications, inquires or issues that may arise during the federal programming and delivery process for all FHWA- and CTC-funded transportation and transit projects implemented by APPLICANT; and be it further

RESOLVED, that PROJECT will be implemented as described in the complete application and in this resolution, subject to environmental clearance, and, if approved, for the amount approved by MTC and programmed in the federal TIP; and be it further

RESOLVED, that APPLICANT has reviewed the PROJECT and has adequate staffing resources to deliver and complete the PROJECT within the schedule submitted with the project application; and be it further

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RESOLVED, that PROJECT will comply with the requirements as set forth in MTC programming guidelines and project selection procedures for the PROGRAM; and be it further

RESOLVED, that, in the case of a transit project, APPLICANT agrees to comply with the requirements of MTC’s Transit Coordination Implementation Plan as set forth in MTC Resolution No. 3866, revised; and be it further

RESOLVED, that, in the case of a highway project, APPLICANT agrees to comply with the requirements of MTC’s Traffic Operations System (TOS) Policy as set forth in MTC Resolution No. 4104; and be it further

RESOLVED, that, in the case of an RTIP project, PROJECT is included in a local congestion management plan, or is consistent with the capital improvement program adopted pursuant to MTC’s funding agreement with the County Transportation Agency (CTA); and be it further

RESOLVED, that APPLICANT is an eligible sponsor of REGIONAL DISCRETIONARY FUNDING funded projects; and be it further

RESOLVED, that APPLICANT is authorized to submit an application for REGIONAL DISCRETIONARY FUNDING for the PROJECT; and be it further

RESOLVED, that there is no legal impediment to APPLICANT making applications for the funds; and be it further

RESOLVED, that there is no pending or threatened litigation that might in any way adversely affect the proposed PROJECT, or the ability of APPLICANT to deliver such PROJECT; and be it further

RESOLVED, that APPLICANT authorizes its Executive Director, General Manager, City Manager, or designee to execute and file an application with MTC for REGIONAL DISCRETIONARY FUNDING for the PROJECT as referenced in this resolution; and be it further

RESOLVED, that a copy of this resolution will be transmitted to the MTC in conjunction with the filing of the application; and be it further

RESOLVED that the MTC is requested to support the application for the PROJECT described in the resolution, and if approved, to include the PROJECT in MTC's federal TIP upon submittal by the project sponsor for TIP programming.

80 Resolution No. 2024-
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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 6th day of February 2024, 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 6th day of February 2024.

Anita Skinner
City Clerk

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82 AGENDA ITEM NO. 14

AGENDA TRANSMITTAL

MEETING DATE:

February
6, 2024

AGENDA ITEM:

Council Adoption of Resolution No. 2024-__: Approving a Maintenance Agreement with Caltrans for the Implementation of Suisun City’s Green Stormwater Infrastructure Project along the Eastern Perimeter of the Park and Ride Lot.

FISCAL IMPACT:

This item would have no impact on the General Fund. Caltrans will fully fund the design and construction of the City’s Green Stormwater Infrastructure Project (Project) located along the eastern perimeter of the Park and Ride Lot. The Caltrans funding allocation will be in the amount of up to $893,270 and requires that the City enter into a Maintenance Agreement with Caltrans.

STRATEGIC PLAN:

Provide Good Governance and Enhance Environment.

BACKGROUND:

On November 19, 2015, the Municipal Regional Stormwater Permit (MRP) was issued to the City along with 75 other cities, towns, counties, and districts within the San Francisco Bay.

This Permit outlines the State’s requirement for municipal agencies to address the water quality and flow-related impacts of stormwater runoff through public education program, implementing targeted pollutant reduction strategies and projects, and a monitoring program.

STAFF REPORT:

The concept for this Project was developed as part the City’s Green Stormwater Infrastructure Plan. See attached Project Location Map, Attachment No. 2.

The goals of the Project are to reduce the amount of trash and to improve the quality of stormwater entering the Suisun Marsh and San Francisco Bay ecosystems, as well as to beautify this gateway to the City’s Historic Waterfront District. These goals will be achieved by constructing a green stormwater infrastructure feature and a full trash capture device within the Project area.

The existing Park and Ride Lot and the surrounding drainage area include approximately 3.65 acres with narrow landscaped islands between the parking bays and conventional drainage infrastructure including curbs, gutters, and curb inlets that allow the runoff to flow into the storm drain system. The parking lot slopes towards a drainage ditch on the eastern perimeter of the parking lot, covered with primarily non-native grasses, bare earth, and rock. The ditch is well suited for conversion into a bioretention swale to slow and treat runoff from the parking lot and the off ramp.

The Park and Ride Lot is located within Caltrans’ right-of-way and the Project will be implemented in partnership with Caltrans District 4. City staff and the Solano Stormwater Alliance (SSA) Program Manager (Emily Corwin of the Fairfield-Suisun Sewer District) have coordinated this Project with District 4, and Caltrans has agreed to fully fund the design and construction of the Project in the amount up to $893,270.

On May 3, 2022, the City Council approved a Cooperative Implementation Agreement (CIA) with Caltrans. This agreement secured funding, and in return, the City commits to overseeing and managing the proposed green stormwater infrastructure facility upon completion. Caltrans' Encroachment Permit Division mandates the signing of a maintenance agreement before issuing an encroachment permit for 83 the City's contractor to commence construction. The maintenance agreement encompasses the City's existing maintenance responsibilities, extending to the upkeep of the green stormwater infrastructure enhancements. Additionally, Attachment No. 5 provides the CIA approved in 2004, wherein the City undertakes the operation and maintenance of the Park and Ride Lot.

City staff recommends approving the attached Maintenance Agreement in order to secure the necessary Caltrans encroachment permit and to enable the City’s contractor on the Project to commence construction work.

STAFF RECOMMENDATION:

Council Adoption of Resolution No. 2024-___: A Resolution of the City Council of the City of Suisun City Approving a Maintenance Agreement with Caltrans for the Implementation of Suisun City’s Green Stormwater Infrastructure Project along the Eastern Perimeter of the Park and Ride Lot.

DOCUMENTS ATTACHED:
1 .

Resolution No. 2024-___: Approving a Maintenance Agreement with Caltrans for the Implementation of Suisun City’s Green Stormwater Infrastructure Project along the Eastern Perimeter of the Park and Ride Lot.
2 .

Maintenance Agreement with Caltrans for the Implementation of Suisun City’s Green Stormwater Infrastructure Project along the Eastern Perimeter of the Park and Ride Lot. 3 .

Project Location Map.
4 .

Cooperative Implementation Agreement.
5 .
2004 Cooperative Implementation Agreement.

PREPARED BY:

Amanda Dum, Management Analyst II
REVIEWED BY:

Nouae Vue, Public Works Director
APPROVED BY:

Aaron Roth, Acting City Manager

ATTACHMENTS:

1. Resolution 2024-___:

Approving a Maintenance Agreement with Caltrans for the Implementation of Suisun City’s Green Stormwater Infrastructure Project along the Eastern Perimeter of the Park and Ride Lot.

2. Maintenance Agreement with Caltrans for the Implementation of Suisun City’s Green Stormwater Infrastructure Project along the Eastern Perimeter of the Park and Ride Lot

3. Project Location Map.

4. 2022 Cooperative Implementation Agreement.

5. 2004 Cooperative Implementation Agreement .
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28 RESOLUTION NO. 2024-

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

APPROVING A MAINTENANCE AGREEMENT WITH CALTRANS FOR THE IMPLEMENTATION OF SUISUN CITY’S STORMWATER INFRASTRUCTURE

PROJECT ALONG THE EASTERN PERIMETER OF THE PARK AND RIDE LOT WHEREAS, the City of Suisun City (City) is a permittee under the Municipal Regional Stormwater NPDES Permit (Permit) for the San Francisco Bay Region, Order No. R2-2015- 0049, NPDES Permit No. CAS612008 (the “MS4 Permit”), issued by the San Francisco Regional Water Quality Control Board on November 19, 2015; and WHEREAS, the Permit requires the City prepare a Green Stormwater Infrastructure (GSI) Plan, which was completed in 2019; and
WHEREAS, as part of the City’s GSI Plan it identified a project along the eastern perimeter of the Park and Ride Lot that would clean stormwater and decrease the amount of trash entering the Suisun Marsh and the San Francisco Bay ecosystems; and WHEREAS, at said location, the City’s Green Stormwater Infrastructure Project (Project) will convert an existing ditch into a bioretention swale and install a trash capture device; and
WHEREAS, the Project will beautify this gateway to the City’s Historic Waterfront District, and will be implemented in partnership with Caltrans, which will fully fund the design and construction of the Project in the of amount up to $893,270; and WHEREAS, in order to receive the Caltrans funding the City is required to enter into a Cooperative Implementation Agreement (CIA) with Caltrans; and WHEREAS, in 2003, the Park and Ride Lot was expanded and a Cooperative Agreement was executed in 2004 between the City and Caltrans, placing the responsibility of maintaining the Park and Ride Lot on the City, since that time an additional CIA was executed in 2022 between the City and Caltrans; and
WHEREAS, prior to commencing construction work on the Project, Caltrans requires the City to enter into a Maintenance Agreement for the maintenance of the Park and Ride Lot as well as for the improvements that will be made as part of the Project; and WHEREAS, it is to the benefit of the City to enter into the Maintenance Agreement in order to memorialize the City’s maintenance obligation on the 2023 Park and Ride Lot expansion Project, to secure the required Caltrans encroachment permit for the Project, and to enable the City’s contractor to commence construction on the Project; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Suisun City supports a resolution approving a Maintenance Agreement between the City and Caltrans for the implementation of Suisun City’s Green Stormwater Infrastructure Project along the eastern perimeter of the Park and Ride Lot.
85 Resolution No. 2024-
Adopted February 6, 2024

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PASSED AND ADOPTEDat a Regular Meeting of the City Council of the City of Suisun City duly held on Tuesday, the 6th day of February 2024, 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 6th day of February 2024.

Anita Skinner
City Clerk
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AGREEMENT FOR MAINTENANCE OF THE SUISUN AMTRAK PARK AND RIDE

LOT IN THE CITY OF SUISUN CITY
THIS AGREEMENT is made effective this day of _______________, 20____ by and between the State of California, acting by and through the Department of Transportation, hereinafter referred to as “STATE” and the City of Suisun City; hereinafter referred to as “CITY” and collectively referred to as “PARTIES”.

SECTION I
A. RECITALS

1. WHEREAS, STATE owns SUISUN AMTR AK Park and Ride Lot Facility, hereinafter referred to as “FACILITY”, located at State Highway Route 12 (SR-12) and Main St. in the City of Suisun City in Contra Costa County as shown on Exhibit A, attached hereto and made a part of this Agreement;

2. WHEREAS, PARTIES mutually desire to specify their respective FACILITY operating and maintenance responsibilities, including the maintenance functions to be performed by CITY on FACILTIY.

NOW THEREFORE, IT IS AGREED AS FOLLOWS:

SECTION II
B. AGREEMENT

In consideration of the mutual covenants and promises herein contained, CITY and STATE agree as follows:

1. CITY shall perform such operat ion and maintenance work on FACILITY as hereinafter described under Section D.

2. CITY shall operate and maintain FACILTY, at CITY’s expense.

3. CITY shall not, at any time, use or permit the public to use FACILITY in any manner that will interfere with or impair the primary use of FACILITY as a Park and Ride lot.

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4. STATE reserves its right to use those FACILITY areas within STATE’s right of way for future construction, reconstruction, expansion, modification, or maintenance purposes without rest riction or reimbursement to any party should FACILITY be reconfigured or closed.

5. STATE reserves the option to inspect, at random, all areas of FACILITY to assure conformance with this Agr eement. Such inspection does not preempt or modify CITY’s maintena nce responsibilities assumed under this Agreement.

6. If CITY contracts out the FACILITY operation and maintenance to a third- party contractor, such contractors will apply to STATE for a separate encroachment permit for any such work to be performed on FACILITY.

7. CITY shall not erect signs of any kind within FACILITY, except such signs as may be necessary or appropriat e in connection with the operation and maintenance of FACILITY or that are required by law. Such signs shall not be attached to or painted on any STATE structures or facilities except by prior written consent of STATE and shall be in accordance with the law.

8. CITY shall erect only those highway signs on the State Highway System (SHS) right of way directing users to FACILITY as are preapproved in writing by STATE.

9. Should STATE require all or a portion of STATE right of way for future SHS needs or if CITY should cease operations of the FACILITY for ridesharing, including carpooling, vanpooling, and bus transit, . CITY shall, at STATE’s written demand, remove all of, or designated portions of, CITY’s improvements within STATE right of way and restore it to a standard acceptable to STATE at CITY’s sole expense and all rights permitted to CITY under this AGREEMTN and elsewhere shall be terminated and ownership and title to all materials, equipment and appurtenances installed on STATE right of way will automatically be vested in STATE unless otherwise agreed to by PARTIES.

10. Pursuant to Streets and Highways Code sections 670 et seq., STATE reserves the unlimited right to implement transverse crossings of its SHS; and develop the airspace above the SHS in the future.

11. CITY shall not make any alterations in or to the FACILITY without the prior written consent of STATE.
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C. MAINTENANCE DEFINED

Maintenance is defined in Section 27 of the Streets and Highways Code.

D. MAINTENANCE FUNCTIONS

The maintenance functions that are de legated to CITY, at CITY’s sole expense, are as follows:

1. PAVEMENT MAINTENANCE
The CITY's responsibility for asphalt pave ment maintenance at the FACILITY is restricted to sealcoating and crack sealin g/filling. . All work shall comply with section 39 ASPHALT CONCRETE of the Calt rans Standard specifications dated 2022.

2. LITTER, GARBAGE COLLECTION AND GRAFFITI
CITY shall be responsible for maintaining FACILITY in a condition free of litter, debris (including, but not limited to, all broken glass), garbage collection service, and graffiti. CITY, at CITY’s expense, shall remove all graffiti and legally remove and dispose of all debris and trash from the FACILITY. Any graffiti that resembles or on a mural, artwork, paintings, or other similar elements may not be removed without first consulting and obtaining approval fr om the STATE’s District 04 Transportation Art Coordinator ([email protected]).

3. Unsheltered Encampments.

CITY shall remove Persons Experiencing Homelessness (PEH) and any structures, personal property, debris, and/or other items related to the encampment from FACILITY, subject to applicable State and Federal law.

4. SIGNS
CITY shall be responsible for the maintenance of signage necessary for the direction and operation of FACILITY, incl uding but not limited to, the post of parking regulations, in accordance with the terms of this AGREEMENT and the law. An encroachment permit from the STATE will be required for new installation of signs. Policies governing placement of signs are located in the California Manual on Uniform Traffic Control Devices (CA MUTCD).

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5. STRIPING AND PAVEMENT MARKINGS
CITY shall be responsible for the maintenance and replacement of all striping/delineation and pavement markings required for the d i r e c t i o n a n d operation of FACILITY traffic. All work shall comply with section 84-2 TRAFFIC STRIPES AND PAVEMENT MARKINGS of the Caltrans Standard specifications dated 2022 .

5.1 The width of parking stalls must be maintained at their existing dimensions. Any reduction in the number of parking stalls is not allowed without prior written permission from STATE.

5.2 Disabled spaces must comply wi th Federal Department of Justice ADA guidelines for accessible parking spaces and Department of Transportation 2018 Permanent Pedest rian Facilities ADA Compliance Handbook.

6. LIGHTING
CITY shall be responsible for the main tenance, repair and replacement of damaged or malfunctioning electrical installations required for public safety.

CITY will maintain and pay 100% of these maintenance and operations costs.

CITY will also control lighting illumination to meet or exceed STATE standards.

CITY shall be responsible all the energy costs and cost of maintaining those electrical facilities and shall pay for 100% of the electrical energy costs at FACILITY as identified in Exhibit C.

7. ELECTRIC VEHICLE CHARGING (EVC) STALLS
If CITY desires to install EV charging stalls, CITY shall apply for a separate encroachment permit from STATE and CITY shall be responsible for the maintenance, repair, and replacement of damaged or malfunctioning EVC stalls, cabinet, or related appendant devices located within FACILITY.

7.1 CITY may charge users for actual ener gy costs for EVC stalls however, any additional costs over the electr icity costs shall be approved by STATE in writing, taking into account the direct costs expended by CITY’s to install, operate and main tain EVC. CITY’s operation of EVC stalls is intended to be cost neutral to CITY.

7.2 An encroachment permit from the ST ATE will be required for third parties if CITY contracts out insta llation and/or maintenance of EVC stalls to third party contractor(s).

7.3 CITY shall be responsible for all the energy costs EVC stalls and shall pay for 100% of the electrical energy costs as identified in Exhibit C. If CITY installs and maintains a separate me ter with the utility company, CITY shall pay the electrical costs directly.
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8. SAFETY DEVICES
CITY shall be responsible for the maintenance, repair, replacement and cleaning of safety devices (located within FACILITY), including but not limited to fire hydrants, gates, fences, guardrails and markers.

9. LANDSCAPING
CITY shall be responsible for all landscapin g, including but not limited to flowers, shrubs, irrigation systems, mulch, soil, fe rtilizer, gravel blanket, landscaping water (collectively referred to as the "LANDSCAPING") placed within at FACILITY.

9.1 LANDSCAPING maintenance resp onsibilities include, but are not limited to, inspection, pruning, emergency repair, litter/trash removal, weed control, watering, and replacement.

10. BUS STOP, SIDEWALKS, MULTI-USE PATH AND BICYCLE RACK CITY shall be responsible for maintainin g the bus stop, sidewalks, ADA compliant curb and ramp, multi-use path, the bicycle lockers, and the bicycle racks .

11. STRUCTURES AND DRAINAGE FACILITIES
CITY shall be responsible for the maintenance, repair, replacement and cleaning of all structures), including water utilities, restroom facilities(if there are any), sewage system, water quality swales, drainage structures/system and storm drainage grates. CITY will be responsibl e for electrical energy and water usage costs of restroom facilities if there are any. Electrical energy and water usage costs will be billed directly to CITY by the utility companies.

12. SECURITY
CITY, at CITY expense, shall provide personnel, under CITY control at FACILITY from approximately 6 a.m. to 5 p.m. week days. Said personnel shall monitor the FACILITY and report any suspicious or criminal activity and parking violations to the appropriate authorities.

12.1 Nothing in this Agreement grants or waives the right of California Highway Patrol (CHP) having jurisdiction over the FACILITY.

13. BIORETENTION AREAS and TRASH CAPTURE DEVICES
CITY, shall be responsible for the maint enance, repair, insp ection, replacement, sediment removal and cleaning of Gr een Stormwater Infrastructure ("GSI") bioretention swale, GSI trash capture devi ces, utility connections, all stormwater quality areas/structures and related appurtenances in FACILITY . 91 SOL-04-12-PM R4.6-R4.8

14. BUS SHELTERS AND BENCHES
CITY shall maintain bus shelters, benches, and the surrounding areas in a neat and clean condition. CITY or its approved contractor may also provide and maintain electrical connections to these shelters for the purposes of providing lighting and/or transit information displays. CITY or its approved contractor shall arrange and pay for any necessary electrical perm its from the appropriate utilities. Any advertising display panels located on the bu s shelters shall be oriented such that they are not visible from any federal-aid hi ghway, in accordance with state and federal regulations.

15. PARKING REGULATIONS AND ENFORCEMENT METHODS

15.1 CITY shall allow use of FACILITY as a Park-and-Ride lot for carpoolers and transit patrons at no costs to such users.

15.2 CITY shall develop, and obtain STATE approval of, a set of parking regulations for FACILITY, which shall be enforceable per the California Vehicle Code by CITY authorized personnel.

16. REVISING EXHIBITS
All exhibits can be updated by mutu ally authorized representatives of PARTIES duly PARTIES can revise Exhibits by mutually amending or replacing the Exhibits. STATE will provide a new dated and revised Exhibit, which will be made part to this Agreement when it is executed by all PARTIES, which will thereafter supersede the previous Exhibit and become part of this Agreement.

E. RELATIONS AND RESPONSIBILITIES

1. LEGAL RELATIONS

1.1. Nothing within the provisions of this Agreement is intended to create duties or obligations to or rights in third parties not parties to this Agreement or to affect the legal liability of a PARTY to the Agreement by imposing any standard of care with respect to the operation and maintenance of STATE highways and local facilities different from the standard of care imposed by law.

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1.2. Neither CITY nor any officer or employee thereof is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by, under or in connection with any work, authority or jurisdiction conferred upon ST ATE under this Agreement. It is understood and agreed that STATE shall fully defend, indemnify and save harmless CITY and all of thei r officers and employees from all claims, suits or actions of every name, kind and description brought forth under, including, but not limited to, tortious, cont ractual, inverse condemnation or other theories or assertions of liability occurring by reason of anything done or omitte d to be done by STATE under this Agreement.

1.3. Neither STATE nor any officer or employee thereof is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by CITY under or in connection with any work, authority or jurisdiction conferred upon CITY under this Agreement. It is understood and agreed that CITY shall fully defend, indemnify and save harmless STATE and all of its officers and employees from all claims, suits or actions of every name, kind and description brought forth under, including, but not limited to, tortious, contractual, inverse condemnation or other theories or assertions of liability occurring by reason of anything done or omitte d to be done by CITY under this Agreement.

2. PREVAILING WAGES

2.1. Labor Code Compliance- If the work performed on this Agreement is done under contract and falls within the Labor Code section 1720(a)(1) definition of a "public work s" in that it is construction, alteration, demolition, installation , or repair; or maintenance work under Labor Code section 1771. CITY must conform to the provisions of Labor Code sections 1720 through 1815 , and all applicable provisions of California Code of Regulation s found in Title 8, Chapter 8, Subchapter 3, Articles 1-7. CITY agrees to include prevailing wage requirements in its contracts for public work. Work performed by CITY's own forces is exempt from the Labor Code's Prevailing Wage requirements.

2.2. Requirements in Subcontracts - CITY shall require its contractors to include prevailing wage requirement s in all subcontracts when the work to be performed by the subcontractor under this Agreement is a "public works" as defined in Labor Code Section 1720(a)(1) and Labor 93 SOL-04-12-PM R4.6-R4.8
Code Section 1771. Subcontracts shall include all prevailing wage requirements set forth in CITY's contracts.

3. INSURANCE - CITY and its contractors shall maintain in force, during the term of this agreement, a policy of general liability insurance, including coverage of bodily injury liability and property damage liability, naming the STATE, its officers, agents and employees as the additional insured in an amount of $1 million per occurrence and $2 million in aggregate and $5 million in excess.

Coverage shall be evidenced by a certificate of insurance in a form satisfactory to the STATE that shall be delivered to the STATE with a signed copy of this Agreement

4. TERMINATION - This Agreement may be terminated by timely mutual written consent by PARTIES or by STATE for cause. CITY’s failure to comply with the provisions of this Agreem ent may be grounds for a Notice of Termination by STATE.

5. TERM OF AGREEMENT - This Agreement shall become effective on the date first shown on its face sheet and shall remain in full force and effect until amended or terminated as set forth in this AGREEMENT.

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PARTIES are empowered to enter into this Agreement and have delegated to the undersigned the authority to execute this Agreement on behalf of the respective agencies and covenants to have followed all the necessary legal requirements to validly execute this Agreement.

IN WITNESS WHEREOF, the PARTIES hereto have set their hands and seals the day and year first above written.

CITY OF SUISUN CITY STATE OF CALIFORNIA DEPARTMENT

OF TRANSPORTATION

By:

Mayor

By: ______________________________
LEAH BUDU Date
Deputy District Director
Maintenance District 04
Initiated and Approved

By:

CITY Manager

ATTEST:

By:

CITY Clerk

APPROVED AS TO FORM:

By:

CITY Attorney

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EXHIBIT “A”

(Plan map identifying the applicable ST ATE Routes (Freeway proper) and CITY facilities)

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1 EXHIBIT C

Caltrans ("STATE") and the City of Suisun City ("CITY") Effective October 2, 2024

BASIS OF COST DISTRIBUTION

CITY OPERATED AND MAINTAINED
Bill paid by CITY to utility company.

Route
and PM

Location Type of Facility Number
of
Facilities
Cost Distribution
(includes
maintenance,
materials, and
electrical energy
costs.)

STATE CITY
CC-04-
12-PM
R4.6-R4.8

SUISUN AMTRAK
Park and Ride
Lot

LIGHTING EIGHT 0% 100%
CC-04-
12- PM
R4.6-4.8

SUISUN AMTRAK
Park and Ride
Lot

EVC STALLS FOUR 0% 100%

100

LOCATION MAP
Stormwater Green Infrastructure Project along the Eastern Perimeter of the Park and Ride Lot

PROJECT LOCATION
(Green and Light Green)
Lotz Way
Main Street
Attachment No. 2
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City of Suisun City
CIA No. D43CIASOL0002

COOPERATIVE IMPLEMENTATION AGREEMENT
THIS AGREEMENT, ENTERED INTO EFFECTIVE ON May 15, 2022, (the EFFECTIVE DATE) is between the State of California acting by and through its Department of Transportation, referred to herein as CAL TRANS and the City of Suisun City, a body politic and a municipal corporation ( chartered City) of the State of California, referred to herein as AGENCY. CAL TRANS and AGENCY are together referred to as PARTIES.

RECITALS

1. CALTRANS and AGENCY, pursuant to California Streets and Highways Code (SHC) Sections 114 and 130, are authorized to enter into a Cooperative Agreement for improvements to the State Highway System (SHS) as a watershed stakeholder within AGENCY' s jurisdiction.

2. As per Attachment IV of the Caltrans National Pollutant Discharge Elimination Permit Order 2012-0011-DWQ (NPDES Permit), Section I.A, CALTRANS and AGENCY may collaboratively implement the NPDES Permit requirements as they have been identified as stakeholders in the Total Maximum Daily Load (TMDL) or contain Significant Trash Generating Areas (STGA) for The Area along the western Perimeter of the park and Ride Lot owned by Caltrans in Suisun City (hereinafter referred to as "PROJECT"). CAL TRANS has agreed to contribute an amount not to exceed Eight Hundred Ninety-Three Thousand Two Hundred and Seventy Dollars $893,270 to AGENCY for AGENCY to construct the PROJECT, within the regional area under the jurisdiction of AGENCY to comply with the TMDL or to treat STGAs. The NPDES Permit (including Attachment IV) is located at:
www.waterboards.ca. gov /water issues/programs/stormwater/caltrans.html

3. AGENCY has agreed to implement the PROJECT subject to the terms and conditions of this Agreement including all documents attached hereto that are incorporated herein and hereby made a part of this Agreement ( collectively referred to as the AGREEMENT).

4. AGENCY will be responsible for all management, maintenance and operations, including costs of the constructed PROJECT.

5. The SWRCB will credit CAL TRANS with one (1) Compliance Unit (CU) for each Eighty­ Eight Thousand Dollars ($88,000) paid to AGENCY. A compliance unit is defined as one (1) acre of CAL TRANS' Right-of-Way (ROW) from which the runoff is retained, treated, and/or otherwise controlled prior to discharge to the relevant reach. The financial equivalent as submitted by CAL TRANS is One Hundred Seventy-Six Thousand Dollars ($176,000) per CU. The SWRCB is encouraging collaborative efforts and Cooperative Implementation Agreements to reduce pollutants in TMDL and STGA watersheds and uses a 50% discount for CU in dollars contributed to the Cooperative Implementation. This sets the CU equivalent at Eighty-Eight Thousand Dollars ($88,000).

6. For NPDES Permit compliance, CAL TRANS will claim a percentage of PROJECT pollutant waste load reductions granted by the San Francisco Regional Water Quality Control Board for the PROJECT equal to the percentage of total PROJECT cost contributed by CAL TRANS or the waste load allocation assigned to CAL TRANS for the PROJECT watershed, whichever is less. CAL TRANS intends to use the PROJECT waste 102
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load reductions to demonstrate equivalent load reductions required to meet its TMDL waste load allocations.

7. Cooperative implementation has the following advantages: cooperative implementation (i) allows for water quality improvement projects off the ROW, at locations that may otherwise have space, access, or safety limitations within the ROW; (ii) provides for the involvement of local watershed partners who have an interest and expertise in the best way to protect, manage, and enhance water quality in the watershed; (iii) allows for implementation of Best Management Practices (BMPs) and other creative solutions not typically available to CAL TRANS; (iv) allows for larger watershed-scale projects; and (v) leverages resources from other entities.

8. All services performed by AGENCY pursuant to this AGREEMENT are intended to be performed in accordance with all applicable Federal, State and AGENCY laws, ordinances, and regulations, and with CAL TRANS published manuals, policies, and procedures. In case of a conflict between Federal, State and AGENCY laws, ordinances, or regulations, the order of precedence applicability of these laws shall be Federal, State and then AGENCY laws and regulations, respectively.

9. CAL TRANS share of PROJECT funding is as follows:

FUND TITLE FUND SOURCE
SHA State of California

DOLLAR AMOUNT
$893,270
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SECTION I
City of Suisun City
CIA No. D43CIASOL0002

All sections of this AGREEMENT including the recitals are enforceable.

1. AGENCY has agreed to implement the PROJECT in accordance with Attachment II­ SCOPE SUMMARY. The SCOPE SUMMARY that is attached to and made a part of this AGREEMENT defines in detail the PROJECT's scope of work, description, schedule, location and budget.

2. AGENCY will be responsible for all management, maintenance and operations, including costs of the constructed PROJECT.

3. AGENCY will develop and construct the PROJECT in accordance with the applicable laws, policies, practices, procedures and standards. This applies to all procurements, including land acquisitions, licenses and permits.

4. AGENCY shall prepare initial engineering and geotechnical assessments, and detailed design as well as acquire environmental reviews and right of way (ROW) needed for the PROJECT.

This work is equivalent to CAL TRANS process of Project Initiation Document (PID), Project Approval & Environmental Document (P A&ED) and Plans, Specification and Estimate (PS&E). AGENCY will pay for, coordinate, prepare, obtain, implement, renew, and amend all permits needed to complete the PROJECT. AGENCY will prepare CEQA environmental documentation to meet California Environmental Quality Act (CEQA) requirements.

5. AGENCY will advertise, open bids, award, and approve the construction contract in accordance with the California Public Contract Code and the California Labor Code and will be responsible for the administration, acceptance, and final documentation of the construction contract.

6. CAL TRANS shall reimburse AGENCY for actual costs of the PROJECT not exceeding the amount set forth in Section 8 below.

7. CAL TRANS shall have the right to inspect the PROJECT work to be performed hereunder at any time during its progress and to make final inspection upon completion thereof. Failure of CAL TRANS to object within 30 days after final inspection shall indicate satisfactory performance of this AGREEMENT by AGENCY.

8. The total amount CAL TRANS will reimburse to AGENCY pursuant to this AGREEMENT shall not exceed $893,270 ("Contract Sum"). Costs incurred by AGENCY for PROJECT work under this AGREEMENT in excess of the Contract Sum will be borne by AGENCY. It is understood and agreed that this AGREEMENT fund limit is an estimate and that CAL TRANS will only reimburse the cost of services actually rendered as authorized by the CAL TRANS Contract Manager or designee at or below the fund limitation amount set forth in this AGREEMENT and in accordance with the Budget included in Attachment II.

9. All administrative draft and administrative final reports, studies, materials, and documentation relied upon, produced, created or utilized for the PROJECT will be held in confidence to the extent permitted by law, and where applicable, the provisions of California Government Code section 6254.5( e) shall govern the disclosure of such documents in the event said documents are shared between the PARTIES. Parties will not distribute, release, or share said documents with anyone without prior written consent of the 104
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party authorized to release said documents except: (i) to employees, agents, and consultants who require access to complete the work described within this AGREEMENT; or (ii) where release is required or authorized by law.

10. HM-1 is defined as hazardous material (including but not limited to hazardous waste) that requires removal and disposal pursuant to Federal or State law, whether it is disturbed by the PROJECT or not. HM-2 is defined as hazardous material (including but not limited to hazardous waste) that may require removal and disposal pursuant to Federal or State law, only if disturbed by the PROJECT.

11. CAL TRANS, independent of the PROJECT costs, is responsible for any HM-1 found within existing CAL TRANS ROW. CALTRANS will undertake HM-1 management activities with minimum impact to the PROJECT schedule and will pay all costs associated with HM-1 management activities.

12. CAL TRANS has no responsibility for management activities or costs associated with HM- 1 found outside the CAL TRANS existing ROW. AGENCY, independent of PROJECT costs, is responsible for any HM-1 found within PROJECT limits outside existing CAL TRANS ROW, and will pay, or cause to be paid, all costs associated with HM-1 management activities. AGENCY will undertake, or cause to be undertaken, HM-1 management activities with minimum impact to the PROJECT schedule.

13. IfHM-2 is found within the limits of the PROJECT, the AGENCY responsible for advertisement, award, and administration (AAA) of the PROJECT construction contract will be responsible for HM-2 management activities. Any management activity cost associated with HM-2 is a PROJECT construction cost.

14. This AGREEMENT may only be amended or modified by mutual written agreement of the PARTIES.
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SECTION II- GENERAL PROVISIONS

1. TERMINATION
A. This AGREEMENT may be terminated by the PARTIES upon mutual written agreement.

In the event of a termination CAL TRANS will reimburse AGENCY all allowable, authorized, and non-cancelable obligations and costs incurred by AGENCY prior to the termination.

B. CALTRANS reserves the right to terminate this AGREEMENT before the AGENCY awards the PROJECT construction contract or begins to do project work. CAL TRANS will reimburse AGENCY reasonable, allowable, authorized and non-cancelled costs up to the date of termination that are attributable to the PROJECT.

C. This AGREEMENT will terminate upon completion of PROJECT when all PARTIES have met all scope, cost, and schedule commitments included in this AGREEMENT and have signed a closure statement, which is a document signed by the PAR TIES that verifies the completion of PROJECT, except that all indemnification, document retention, audit, claims, environmental commitment, pending legal challenge, hazardous material, operation, maintenance and ownership provisions of this AGREEMENT will remain in effect until terminated or modified by mutual written agreement.

D. AGENCY has sixty (60) days after the date this AGREEMENT is terminated or expires, or such other time agreed upon in writing by the PAR TIES, to submit invoices to CAL TRANS to make final allowable payments for PROJECT costs in accordance with the terms of this AGREEMENT. Failure to submit invoices within this period may result in a waiver by AGENCY of its right to reimbursement of expended costs.

2. BUDGET CONTINGENCY CLAUSE
All obligations of CAL TRANS under the terms of this AGREEMENT are subject to the appropriation of resources by the Legislature, and the State Budget Act authority. It is mutually agreed that if the State Legislature does not appropriate sufficient funds for the program, this AGREEMENT shall be amended if possible to reflect any reduction in funds, but nothing herein obligates the PAR TIES to provide additional funding or proceed if sufficient funding is unavailable.

3. ALLOWABLE COST, PAYMENTS AND INVOICING
A. The method of payment for this AGREEMENT will be based on actual allowable costs.

CALTRANS will reimburse AGENCY for expended actual allowable direct costs and indirect costs, including, but not limited to labor costs, employee benefits, travel ( overhead is reimbursable only if the AGENCY has an approved indirect costs allocation plan) and contracted consultant services costs incurred by AGENCY in performance of the PROJECT work, not to exceed the Contract Sum of the PROJECT.

B. Reimbursement of AGENCY expenditures will be authorized only for those allowable costs actually incurred by AGENCY in the performance of the PROJECT work. AGENCY must not only have incurred the expenditures on or after the EFFECTIVE DATE of this 106
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CIA No. D43CIASOL000 2

AGREEMENT and before the date it is terminated or expires, but must have also paid for those costs to claim any reimbursement.

C. PAR TIES will agree upon CAL TRANS' annual reimbursement of the PROJECT costs, throughout its duration. Total reimbursement will not exceed the Contract Sum ( as defined in Section I above). The encumbered funds are to be expended and invoiced to CALTRANS by AGENCY by May 1 of the third fiscal year from the fiscal year CAL TRANS encumbered them. Any funds encumbered, but not expended by the end of the third fiscal year, will not be reimbursed to AGENCY by CAL TRANS.

D. Travel, per diem, and third-party contract reimbursements are PROJECT costs only after those hired by AGENCY to participate in the PROJECT incur and pay those costs.

Payments for travel and per diem will not exceed the rates paid rank and file state employees under current California Department of Human Resources rules current at the EFFECTIVE DATE of this AGREEMENT.

E. CAL TRANS will reimburse AGENCY for all allowable PROJECT costs no more frequently and no later than monthly in arrears and as promptly as CAL TRANS fiscal procedures permit upon receipt of itemized signed invoices. Invoices shall reference this AGREEMENT Number and shall be signed and submitted electronically to the Contract Manager at the following address:
[email protected] cc: kriti. uppal{@,dot.ca.gov
If electronic submittal is not possible, mail invoice to:

California Department of Transportation
Division of Environmental Analysis - Fiscal Analysis Unit, MS 27 1120 N Street, Sacramento, CA 95814-5680
F. Invoices shall include the following information:
1) Invoice Cover Sheet The invoice cover sheet summarizes the previous, current and total amounts billed for the AGREEMENT. Details included on the cover sheet are:
a. "INVOICE" near top of page
b. Invoice Date
c. Contract Number (D43CIAxx000x)
d. Invoice Number [minimum format: City Initials-3-digit Invoice Number (XXX- 001)]
e. Billing period (performance period), specified with beginning and ending dates (towards top of page). All work performed must be during the billing period.

Invoice billing periods must not overlap.
f. Brief description of the work performed
g. Summary of total dollar amount billed to date

1. Previous month invoice balance

11. Amount billed this month
111. Total amount billed including current invoice amount h. Total amount due

1. Summary of charges
107

1. AGENCY (municipality) labor costs

11. Sub-Vendor labor costs ( consultant)
City of Suisun City
CIA No. D43CIASOL0002

111. Sub-vendor direct costs (materials, equipment, miscellaneous itemized costs)
iv. Other direct costs
J. Discounts (if applicable)
k. Remittance information including name and address [MUST match Payee Data Record Declaration of Business Location (Form F A-204) submitted at contract execution or on file]

1. AGENCY Contract Manager's name, address and phone number m. AGENCY Contract Manager's signature and signature block n. CALTRANS Contract Manager's name and address
o. CALTRANS Contract Manager's signature block.
2) Invoice and Supports
All invoice charges must match the rates on the contract cost proposal and personnel request. (Changes in billing rates must be approved before billing.) The CALTRANS' Contract Manager must be provided invoices or other documentation with sufficient detail to verify the charges are allowable under this AGREEMENT with sufficient support to allow them to verify charges. Supporting documentation, such as receipts, is required for all costs included on the invoice that are not for hourly or sub-contract labor.

AGENCY labor charges need to show person's name, hours worked, billing rate and brief description of work performed. Supporting documents (timesheet or payroll report) need to be provided. These documents need to include:
a. Name ( first and last)
b. Hours charged
c. Brief description -- identify the work is for the project funded by the Cooperative Implementation Agreement
d. Month, day and year of the charges (must be within the billing period) e. Worker and supervisor's signatures (Exceptions can be made for electronic timesheets.) All overtime must be approved in advance by the CAL TRANS Contract Manager.

Direct costs (such as material costs, vehicle rental) are reimbursable. These costs need to be verified, therefore, a copy of the receipt, paid purchase order or other documentation that shows the items and cost needs to be attached to the invoice.

AGENCY personnel travel costs may be reimbursed according to the Consultant and Contractor travel guidelines located on the CAL TRANS' website at:
www.dot.ca.gov/hq/asc/travel/ch12/1consultant.htm. The Travel Expense Claim (TEC) form is available at: www.dot.ca.gov/hg/asc/travel/ch5/l tec.htm.

Subcontractor costs are reimbursed after providing a copy of the paid invoice. This invoice needs to show that the AGENCY contract manager reviewed and approved the 108
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CIA No. D43CIASOL0002

payment. CAL TRANS requires its vendors to submit proof of costs incurred, such as timesheet or payroll records, travel reimbursement form (that includes the reason and dates for travel) with receipts, receipts for materials, lab services or other items) and CAL TRANS assumes the AGENCY has similar requirements that are documented. 3) Progress Reports
Each invoice needs to be accompanied by a progress report for the billing period. This report includes:
a. Work performed during the billing period (can be in a bullet format) b. Contract progress estimate -- percentage of work completed (not dollar based) c. Work anticipated during the next billing cycle (can be in a bullet format) d. Total amount spent during the billing period (AGENCY personnel, AGENCY direct costs, subcontractor costs and total)
e. Total amount spent to date (AGENCY, subcontractor, total) f. CIA not to exceed amount
g. Percentage of Cooperative Implementation Agreement (CIA) funds used to date. [Total (AGENCY and subcontractor)/CIA not to exceed amount)]

4. COST PRINCIPLES
A. If PARTIES fund any part of PROJECT with state or federal funds, each PARTY will comply, and will ensure that any sub-recipient, contractor or subcontract hired to participate in PRO.JECT will comply with the federal cost principles and administrative requirements of 2 CFR, Part 200. These principles and requirements apply to all funding types included in this AGREEMENT.

B. Any PROJECT costs for which AGENCY has received payment or credit that are determined by subsequent audit to be unallowable under 2 CFR, Part 200, and/or Title 48, Chapter 1, Part 31, are subject to repayment by AGENCY to CALTRANS. Should AGENCY fail to reimburse moneys due CAL TRANS within thirty (30) days of discovery or demand, or within such other period as may be agreed in writing between the PAR TIES hereto, CALTRANS is authorized to intercept and withhold future payments due AGENCY from CALTRANS.

C. The PAR TIES will maintain and make available to each other all PROJECT related documents, including financial data, during the term of this AGREEMENT. PARTIES will retain all PROJECT-related records for three (3) years after the final payment voucher.

5. INDEMNIFICATION
Neither CAL TRANS nor any officer or employee thereof is responsible for any injury, damage, or liability occurring by reason of anything done or omitted to be done by AGENCY, its contractors, sub-contractors, and/or its agents under or in connection with any work, authority, or jurisdiction conferred upon AGENCY under this AGREEMENT. It is understood and agreed that AGENCY, to the extent permitted by law, will defend, indemnify, and save harmless CAL TRANS and all of its officers and employees from all claims, suits, or actions of every name, kind, and description brought forth under, but not limited to, tortious, contractual, 109
City of Suisun City
CIA No. D43CIASOL0002

\.
inverse condemnation, or other theories and assertions of liability occurring by reason of anything done or omitted to be done by AGENCY, its contractors, sub-contractors, and/or its agents under this AGREEMENT.

6. RETENTION OF RECORDS/AUDITS
A. AGENCY, its contractors, subcontractors and sub-recipients shall establish and maintain an accounting system and records that properly accumulate and segregate incurred PROJECT costs. The accounting system of AGENCY, its contractors, all subcontractors, and sub­ recipients shall conform to Generally Accepted Accounting Principles (GAAP), shall enable the determination of incurred costs at interim points of completion, and shall provide support for reimbursement payment vouchers or invoices. All books, documents, papers, accounting records and other supporting papers and evidence of performance under this AGREEMENT of AGENCY, its contractors, subcontractors and sub-recipients connected with PROJECT performance under this AGREEMENT shall be maintained for a minimum of three (3) years from the date of final payment to AGENCY and shall be held open to inspection, copying, and audit by representatives of CAL TRANS, the California State Auditor, and auditors representing the federal government during business hours with appropriate notice. Copies thereof will be furnished by AGENCY, its contractors, its subcontractors and sub-recipients upon receipt of any request made by CAL TRANS or its agents. In conducting an audit of the costs under this AGREEMENT, CAL TRANS will rely to the maximum extent possible on any prior audit of AGENCY pursuant to the provisions of State and AGENCY law. In the absence of such an audit, any acceptable audit work performed by AGENCY's external and internal auditors may be relied upon and used by CAL TRANS when planning and conducting additional audits.

B. AGENCY, its sub-recipients, contractors, and subcontractors will permit access to all records of employment, employment advertisements, employment application forms, and other pertinent data and records by the State Fair Employment Practices and Housing Commission, or any other AGENCY of the State of California designated by CAL TRANS, for the purpose of any investigation to ascertain compliance with this AGREEMENT.

C. This AGREEMENT shall be subject to a pre-award audit prior to execution of the AGREEMENT to ensure AGENCY has an adequate financial management system in place to accumulate and segregate reasonable, allowable and allocable costs.

D. CAL TRANS, the state auditor, and the Federal Government, (if the PROJECT utilizes federal funds), will have access to all PROJECT-related records held by AGENCY or by any party hired by AGENCY to participate in PROJECT.

E. The examination of any records will take place in the offices and locations where said records are generated and/or stored and will be accomplished during reasonable hours of operation.

F. Upon completion of the final audit, AGENCY has thirty (30) calendar days to refund or invoice as necessary in order to satisfy the obligation of the audit. 110

7. DISPUTES
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CIA No. D43CIASOL0002

A. PARTIES will first attempt to resolve AGREEMENT disputes at the PROJECT team level.

If they cannot resolve the dispute themselves, the CAL TRANS Chief Environmental Engineer and the executive officer of AGENCY will attempt to negotiate a resolution.

B. If PARTIES do not reach a resolution, AGENCY's legal counsel will initiate mediation.

PAR TIES agree to participate in mediation in good faith and will share equally in its costs.

C. Neither the dispute nor the mediation process relieves PARTIES from full and timely performance of the PROJECT in accordance with the terms of this AGREEMENT.

However, if either PARTY stops fulfilling PROJECT obligations, the other PARTY may seek equitable relief to ensure that the PROJECT continues.

D. Except for equitable relief, no PARTY may file a civil complaint until after mediation, or 45 calendar days after filing the written mediation request, whichever occurs first.

E. PAR TIES will file any civil complaints in the Superior Court of the county in which the CAL TRANS district office signatory to this AGREEMENT resides or in the Superior Court of the county in which the PROJECT is physically located. The prevailing PARTY will be entitled to an award of all costs, fees, and expenses, including reasonable attorney fees as a result of litigating a dispute under this AGREEMENT or to enforce the provisions of this article including equitable relief.

F. Additional Dispute Remedies. PAR TIES maintain the ability to unanimously pursue alternative or additional dispute remedies if a previously selected remedy does not achieve resolution.

8. RELATIONSHIP OF PARTIES
It is expressly understood that this AGREEMENT is an agreement executed by and between two independent governmental entities and is not intended to, and shall not be construed to, create the relationship of agent, servant, employee, partnership, joint venture or association, or any other relationship whatsoever other than that of an independent party.

9. NOTIFICATION OF PARTIES
A. AGENCY: Nouae Vue, Public Works Director, [email protected] and (707)421-7340.

B. CALTRANS: Anand Maganti, Stormwater Coordinator, anand.magan [email protected] and (916)210-9849.

C. All notices herein provided to be given, or which may be given, by either party to the other, shall be deemed to have been fully given when made in writing and received by the PARTIES at their respective addresses:

City of Suisun City
Attn: Nouae Vue, P.E.
701 Civic Center Blvd., Suisun City, CA 94585
California Department of Transportation
Division of Environmental Analysis - MS 27, Attention: Anand Maganti, 1120 N Street, Sacramento, CA 95814-5680
111
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CIA No. D43CIASOL00 01-._
Page II of II
SECTION Ill ATTACHMENTS
The following attachments arc incorporated into and are made a part of this AGREEMENT by this reference and attachment.

AGENCY Resolution, Certification of Approval, order, motion, ordinance or other similar document from the locaJ governing body authorizing execution of the AGREEMENT .

IL Scope of Work, Description, Schedule, Location and Budget.

SECTION IV-SIGNATURES
Signatories may execute this AGREEMENT through individual signature pag es provided that each signature is an original. This AGREEMENT is no! fully executed until all original signature s are attached . PARTIES are empowered by California Streets and Highways Cod e (SHC) sections 114 and 130 to cotcr into this AGREEMENT and have delegated to the under signed the authority to execute this AGREEMENT on behalf of the respective agencies and covenant to have foll owed all the necessa ry legal requirements lo validly execute this AGREEMENT.

ST ATE OF CALIFORNIA
City or Suiiun City

DEPARTMENT OF TRANSPORTATION
Signatur e: J,l ~ Signatu rt
Print Name : ANAND MAGANTI PrintN a1 · G!!P.G FOLSOM
Tille : Stormwater Coordinator Ti1\e : City Manager
Date: 5/26/2022
Date : 5/l?PtlJ.2._
Signature : s,...t,C,,...,,,_, Signature : 6l,0)0
Print Name : SIIAILA CHOWDHURY Print Name : ELENAGERLI
Title : Assista nt Chief, Divl!ioo of TitJe : City Attorney Environmental Analy1is
Date: 06/08 /2022 Date : May 12, 2022
-------
Signa ture:

Print Nam e: RAMON L HOPKINS
Title: Aeling Chief, Division or
Environmental Analysis
Date: 6/8/2 022
112
113
1 Attachment II: SCOPE SUMMARY
Suisun City Amtrak Park & Ride Green Stormwater Infrastructure Project Description
Caltrans District 4 has identified the Amtrak Park & Ride Parking Lot in Suisun City as a ‘High’ trash generating location.1 Existing waste and debris at the site primarily includes food container waste and single use plastics.

The existing Parking Lot and surrounding drainage area is approximately 3.65 acres with narrow landscaped islands between the parking bays and conventional drainage infrastructure including curbs, gutters, and curb inlets that allow the runoff to flow into the storm drain system. The parking lot slopes towards a drainage ditch on the eastern perimeter of the parking lot, covered with primarily non-native grasses, bare earth, and rock. The ditch is well suited for conversion into a bioretention swale to slow and treat runoff from the parking area.

This project will be implemented in Partnership with Caltrans District 4, to address Trash and Total Maximum Daily Load Regional Water Quality Control Board requirements. The proposed Parking Lot project will also be closely coordinated with a planned Caltrans project, also planned with Suisun City in collaboration with the Solano Transit Authority and the City of Fairfield, located on Route 12 near the Civic Center Boulevard exit.

The project will directly benefit High Equity Priority Communities 2, defined by the MTC as
census tracts that have a significant concentration of underserved populations, such as households with low incomes and people of color.

Scope of Work
The goals of this project are to clean water and decrease the amount of trash entering the Suisun Marsh and San Francisco Bay ecosystems.

These goals will be achieved by constructing a green stormwater infrastructure feature and a full trash capture device, to reduce the amount and improve the quality of stormwater entering the Suisun Marsh and installing waste collection amenities.

Location
The proposed project is a Caltrans owned Park & Ride Parking Lot in Suisun City in Solano County. The City takes its name from the adjacent Suisun Bay, which in turn takes its name from the Suisun people, an indigenous Native American tribe in the area.3 The Suisun Marsh, to which runoff from the Parking Lot drains, is the largest contiguous estuarine marsh remaining 1 Caltrans District 4 Regional Board 2 Trash Generation Map, accessed December 2021. https://giswest.mbakerintl.com/bakerportal/apps/webappviewer/index.html?id=72277c8d263749e9b52c8849a6f e8730
2 https://mtc.ca.gov/planning/transportation/access-equity-mobility/equity-priority-communities, accessed January 2022
3 Wikipedia, accessed December 2021: https://en.wikipedia.org/wiki/Suisun_City,_California 114
2 on the west coast of North America, and a critical midway stopover for many of the billion migratory birds that travel the 10,000 mile long Pacific Flyway.4 To the west of the Parking Lot is an Amtrak Train Station, to the north is State Route 12, to the east is the Civic Center Boulevard on/off ramp, to the south is Lotz Avenue (Figure 1). The Parking Lot is a public space and considered a transit center with high visibility and accessibility to the public. The Parking Lot is directly across the street from an Amtrak station, two hotels, business offices, and is available as public parking to access shops and businesses in downtown Suisun City.

The Park & Ride is an access point to local, regional, and state-wide transit where users walk to nearby and adjacent bus stops and the Suisun Amtrak Train Station.

Figure 1. Project Location Map
4 Pacific Flyway Center, accessed December 2021: https://pacificflywaycenter.org/the-project/project-location/ 115

3 Schedule
A project schedule is included in Figure 2. The project design phase is anticipated to take approximately 6-months from kick-off to Council Approval of the final Bid Set. Construction bidding and award are estimated to take 3-months. Construction is estimated to take 5-months from notice to proceed and will occur entirely in the dry season. The proposed project will be completed by October 31, 2023.

Figure 2. Project Schedule

Known risks or concerns with project implementation include schedule delays in design and construction. To mitigate the risk of delays with consultant hiring, the City will partner with the Solano Transportation Authority, who is hiring a design consultant for work in an area adjacent to the proposed project.

The project site has no potentially hazardous materials/waste problems, potential mitigation or avoidance measures, and associated potential costs.

Project will require a Caltrans encroachment permit. No environmental permits are anticipated. It is anticipated to qualify for CEQA Categorical Exemption.

Temporary irrigation will be installed, with an expected lifespan of 5 -years, to ensure successful establishment of new bioretention landscaping.

Budget
The conceptual design and construction cost estimates are shown in Table 1. It is prepared only as a guide and is based on incomplete information. The estimate is subject to change.

The estimate does not include any costs for handling and disposal of hazardous wastes and contaminated materials.

8/1
8/8
8/15
8/22
8/29
9/5
9/12
9/19
9/26
10/3
10/10
10/17
10/24
10/31
11/7
11/14
11/21
11/28
12/5
12/12
12/19
12/26
1/2
1/9
1/16
1/23
1/30
2/6
2/13
2/20
2/27
3/6
3/13
3/20
3/27
4/3
4/10
4/17
4/24
5/1
5/8
5/15
5/22
5/29
6/5
6/12
6/19
6/26
7/3
7/10
7/17
7/24
7/31
8/7
8/14
8/21
8/28
9/4
9/11
9/18
9/25
10/2
10/9
10/16
10/23
10/30
Sign contract with Engineering Consultant 0 day X
Kick-off Meeting 1 week
Topographic Survey 4 weeks
Trash Capture Manufacturer Coordination 3 weeks
Device Sizing Calculations and Modeling 3 weeks
15% Conceptual Drawing Layout and Report 3 weeks
City Review of Conceptual Report 2 weeks
65% Design Documents 3 weeks
City Review of 65% Design Document 2 weeks
Encroachment Permit Application 10 weeks
File for CEQA Categorical Exemption 10 weeks
95% Design Documents 3 weeks
City Review of 95% Design Document 2 weeks
100% Draft Design Documents 3 weeks
City Review of 100% Drawings 2 weeks
Council Meeting/Final Bid Drawings 3 weeks
Construction Advertising , Bid Review, and Bid Protest 8 weeks Award, Contract, Insurance 4 weeks
Preconstruction meeting/Notice to Proceed 1 week
Site Reconnaisance, Potholing, Submittals 4 weeks
Mobilization & Staging 2 weeks
Site Work/Construction 10 weeks
Demobilization, Site Cleanup 3 weeks
Post-Construction As-Builts 2 weeks
Sep Oct
DurationTask Name
Mar Apr May June July Aug
20232022
Aug Sep Oct Nov Dec Jan Feb
116
4 T
able 1. Conceptual Level Cost Estimate
P
roject Background and History
The proposed project location was identified and the concept developed as part the City of Suisun City’s Green Stormwater Infrastructure Plan, required as part of the City’s Municipal Regional Stormwater Permit from the San Francisco Regional Water Quality Control Board. The Plan development process engaged a variety of stakeholders, including both government staff and community members who live, work, and play near future green stormwater infrastructure Item No. Ite m Quantity U nits Unit Cost Total
Item Cost
1 1 LS $40, 000.00 $40,000
2 30 Daily $1, 000.00 $30,000
3 200 SF $10.00 $2,000
4 1 LS $5,000.00 $5,000
5 1 LS $10,000.00 $10,000
6 10000 SF $2.00 $20,000
7 15 LF $2,000.00 $30,000
8 370 CY $120.00 $44,400
9 5000 SF $15.00 $75,000
10 1 Units $5,000.00 $5,000
11 7500 SF $10.00 $75,000
12 15000 SF $15.00 $225,000
13 2 units $1,000.00 $2,000
Subtotal of Construction Items: $563,400
Construction Item Contingencies (% of Construction Items): 20. 00% $112,680 Total (Construction Items & Contingencies) cost: $676,080 Type of Project Cost
P
reliminary Engineering (PE)
Environmental Studies and Permits(PA&ED):

Plans, Specifications and Estimates (PS&E):

Total PE: 132,680$
Right of Way (RW)
Right of Way Engineering:

Acquisitions and Utilities:

Total RW: -$

Total Pre-Construction Costs (PE+RW): $132,680
Construction Engineering (CE)
Construction Engineering (CE):

Total Construction Costs: $760,590
Total Project Cost:
84,510$
$893,270
Project Delivery Costs:

Cost $
20,000$
112,680$
-$
-$
Post-Construction Erosion and Runoff Control
Bioretention Soil Mix
Bioretention Landscaping
Full Trash Capture Device
Temporary Irrigation
Trash Receptacles
Traffic Control System
Staging & Demolition
Construction Area Signs
Construction Survey Staking
Inlet/Outlet Modificiations (inc. curb cuts)
Construction Erosion Control
Mobilization, Demobilization, Final Cleanup
Engineer's Estimate and Cost Breakdown:
117

5 projects. The City of Suisun City also intends to engage relevant government staff and community members as projects, like this one, move forward towards design and implementation.

The location was selected through a GIS based Desktop Evaluation that identified priority parcels and roadways for site assessment and evaluation of potential green stormwater infrastructure opportunities. Prioritization factors incorporated into the evaluation included land use (specific to high probability for PCB and mercury loading), soil, slope, future development or redevelopment plans, parcel size and/or land ownership. The project concept developed during the Green Stormwater Infrastructure planning process is shown in Figure 3, which include some of the design and sizing assumptions.

118
6 Fi
gure 3. Green Stormwater Infrastructure Plan Design Concept 119
120
121
122
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AGENDA ITEM NO. 15

AGENDA TRANSMITTAL

MEETING DATE:

February
6, 2024

AGENDA ITEM:

Council Adoption of Resolution No. 2024-__: Adopting a List of Projects for Fiscal Year 2024-25 Funded by Senate Bill 1: The Road Repair and Accountability Act of 2017.

FISCAL IMPACT:

There would be no impact to the General Fund from this item. The total operating costs for the Suisun City (City) Road Maintenance and Rehabilitation Act (RMRA) Project are budgeted under the Transportation Public Works Capital Improvement Projects Fund (Fund 115) for Fiscal Year (FY) 2024-25. The estimated annual Senate Bill 1 (SB 1) funding for pavement projects is $600,000.

STRATEGIC PLAN:

Restore Historic Downtown. Develop Sustainable Economy. Ensure Public Safety. Provide Good Governance. Ensure Fiscal Solvency. Enhance Environment.

BACKGROUND:

The City is responsible for the maintenance of 153 lane miles of roadway with over 13 million square feet of pavement. The City uses a Pavement Management Program to collect and maintain data on the City's street conditions. The Suisun City Pavement Management Program’s goal is to maintain the City’s pavement in the best condition possible given the available funding. Each year, preventive maintenance treatments are performed on selected City streets. These planned treatment projects are intended to extend the life of the pavement and avoid costlier repair or replacement of streets. Road reconstruction is only considered when preventive maintenance treatments are no longer cost-effective or feasible. The cost of reconstructing a street can exceed the cost of performing a preventative maintenance treatment by tenfold.

On April 28, 2017, the Governor signed Senate Bill 1 (SB 1), also known as the Road Repair and Accountability Act of 2017. This Bill provides a stable source of funding to local agencies for road maintenance and rehabilitation.

STAFF REPORT:

Per SB 1 requirements, the City must adopt a budget each fiscal year appropriating revenues and expenditures for Road Maintenance and Rehabilitation Account (RMRA) funds. In addition, the City must submit a list of projects corresponding to the adopted budget to the California Transportation Commission (CTC) prior to July 1, 2024, in order to receive the SB 1 funds for FY 2024-25. Suisun City is committed to improving the road conditions and ADA accessibility in the City and has budgeted SB 1 funds for road maintenance and rehabilitation. The list of projects and project streets can be modified in the future without consequence.

SB 1 funds can be used not only for the construction phase of pavement resurfacing projects but also for the preparation of plans, specifications, and cost estimates (PS&E) for the pavement resurfacing projects. Examples of pavement resurfacing projects completed in previous years include the following:

Slurry sealing on Main Street from Highway 12 to southerly terminus, Breakwater Circle, Catalina Drive, Catamaran Way, Harbor Park Drive, Rocky Point Cove, Pepperwood Street, Hoyt Court, Floyd Court, Anderson Drive from Lawler Ranch Parkway to the McCoy Creek bridge, Emperor Drive from Highway 12 to Pintail Drive, Lawler Ranch Parkway from Mayfield 125
Way to Potrero Street, McCoy Creek Way from Anderson Drive to Lawler Center Drive, and Capistrano Drive.

Asphalt rubber cape sealing on Village Drive and Whispering Bay Lane (from Josiah Circle to Francisco Drive), including the upgrade of curb ramps to ADA-compliant curb ramps on both street segments and adding buffered bicycle lane striping on Village Drive.

Asphalt overlay on Civic Center Boulevard from Lotz Way to Driftwood Drive, including the upgrade of curb ramps to ADA-compliant curb ramps and the replacement of curbs/gutters and sidewalk squares.

Cape sealing and slurry sealing on various streets in which cape seal was applied to approximately 27,230 square yards of streets and slurry seal applied to approximately 32,617, including the upgrade of 44 curb ramps to ADA-compliant curb ramps. This SB 1 project was augmented by Measure S funds. The projects streets were primarily residential streets:

Bottlebrush Court, Camellia Court, Hibiscus Lane, Limewood Drive, Flagstone Circle, Birchwood Court, Brookside Court, Dawn Rose Court, Dawn Rose Way, Lemonwood Way, McCoy Creek Court, Kinsmill Court, Ricky Court, Michael Court, Jeanne Court, Westwind Court, Westwind Way, Steller Way, Crested Drive, Canary Court, Heron Drive, Swallow Court, Whipporwill Way, Keyes Court, Hillborn Court, Marston Court, McNabe Court, Peytonia Court, Spence Court, Yuba Court, and Hacienda Way.

The SB-1 FY 2024-25 projects list includes the previously proposed and adopted projects may utilize Fiscal Year 2024-25 Road Maintenance and Rehabilitation Account Revenues. With the listing of these project streets in the fiscal year resolution, the City is reaffirming to the public and the State our intent to fund these projects with Road Maintenance and Rehabilitation revenues. Refer to Attachment No. 2 to this Staff Report for a table of the City of Suisun City FY 2024-2025 Local Streets and Roads Program Projects List.

Staff recommends that the City Council approve this Resolution and authorize staff to submit the required list of projects to the California Transportation Commission (CTC) prior to July 1, 2024 to secure SB 1 funding. The list of projects and project streets can be modified in the future without consequence.

STAFF RECOMMENDATION:

Staff Recommends the City Council Adoption of Resolution No. 2024-__: Resolution Adopting a List of Projects for Fiscal Year 2024-25 Funded by Senate Bill 1: The Road Repair and Accountability Act of 2017.

DOCUMENTS ATTACHED:
1 .

Council Adoption of Resolution No. 2024-__: Adopting a List of Projects for Fiscal Year 2024- 25 Funded by Senate Bill 1: The Road Repair and Accountability Act of 2017. 2 .

FY 2024-2025 Local Streets and Roads Program Projects List.

PREPARED BY:

Amanda Dum, Management Analyst II
REVIEWED BY:

Nouae Vue, Public Works Director
APPROVED BY:

Aaron Roth, Interim City Manager

ATTACHMENTS:

1. Resolution 2024-__:

Adopting a List of Projects for Fiscal Year 2024-25 Funded by Senate Bill 1: The Road Repair and Accountability Act of 2017.
126

2. FY 2024-2025 Local Streets and Roads Program Projects List. 127
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RESOLUTION NO. 2024 - ____
RESOLUTION ADOPTING A LIST OF PROJECTS FOR FISCAL YEAR 2024-25 FUNDED BY SENATE BILL 1: THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017
WHEREAS, Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017) was passed by the Legislature and signed into law by the Governor in April 2017 to address the significant multi-modal transportation funding shortfalls statewide; and
WHEREAS, SB 1 includes accountability and transparency provisions that will ensure the residents of City of Suisun City are aware of the projects proposed for funding in our community and which projects have been completed each fiscal year; and WHEREAS, the City of Suisun City must adopt by resolution a list of projects proposed to receive fiscal year funding each year from the Road Maintenance and Rehabilitation Account (RMRA), created by SB 1, which must include a description and the location of each proposed project, a proposed schedule for the project’s completion, and the estimated useful life of the improvement; and
WHEREAS, the City will receive an estimated $600,000 in RMRA funding in Fiscal Year 2024-25 from SB 1; and
WHEREAS, this is the seventh year the City is receiving SB 1 funding and this funding will enable the City to continue essential road maintenance and rehabilitation projects, safety improvements, repairing and replacing aging bridges, and increasing access and mobility options for the traveling public that would not have otherwise been possible without SB 1; and WHEREAS, the City has undergone a robust public process to ensure public input into our community’s transportation priorities/the project list; and WHEREAS, the City used a Pavement Management System to develop the SB 1 project list to ensure revenues are being used on the most high-priority and cost-effective projects that also meet the community’s priorities for transportation investment; and WHEREAS, the funding from SB 1 will help the City maintain and rehabilitate Marina Boulevard from Highway 12 to Railroad Avenue, an arterial road, this year by applying a combination of crack seals, digout repairs and asphalt rubber cape seal this year; as well as to preserve good roads and applying asphalt rubber cape high volume collector roads the following years, and many similar projects into the future; and
WHEREAS, the 2021 California Statewide Local Streets and Roads Needs Assessment found that the City’s streets and roads are in an “at risk” condition and this revenue will help prevent the streets and roads to falling within a “poor” condition; and WHEREAS, the SB 1 Project List and overall investment in our local streets and roads infrastructure with a focus on basic maintenance and safety, investing in complete streets infrastructure, and using cutting-edge technology, materials and practices, will have significant positive impact on our road system.

NOW, THEREFORE IT IS HEREBY RESOLVED, ORDERED AND FOUND by the City Council of the City of Suisun City, State of California, as follows:
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Resolution No. 2024-___
Adopted February 6, 2024

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1. The foregoing recitals are true and correct.

2. The following previously proposed and adopted Projects may utilize Fiscal Year 2024- 25 Road Maintenance and Rehabilitation Account Revenues in their delivery (see table below). With the relisting of the previous streets/projects, the City of Suisun City is reaffirming to the public and the State our intent to fund these projects with Road Maintenance and Rehabilitation revenues. See Attachment No. 2 to the Staff Report for the list of streets.

PASSED AND ADOPTED by the following vote at a regular meeting of the City Council of the City of Suisun City duly held on the 6th day of February 2024:

AYES: Council Members:

NOES: Council Members:

ABSENT: Council Members:

ABSTAIN: Council Members:

WITNESS my hand and the seal of said City this 6th day of February 2024.

Anita Skinner
City Clerk
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FY 2024-25 Local Streets and Roads Program Projects List

City of Suisun City - FY 2024-2025 Local Streets and Roads Program Projects List Pavement Treatment Description Location
Estimated
Useful
Life
Minimum
Estimated
Useful
Life
Maximum
Project
Started or
Estimated
Project
Start
Revised
Estimated
Project
End

Asphalt Rubber Cape Seal with
Digouts and ADA Ramp Upgrades Marina Boulevard
(Highway 12 to Railroad Avenue)
8-10 40 2023 12/1/2024
Asphalt Rubber Cape Seal with
Digouts and ADA Ramp Upgrades Blossom Avenue
(Pintail Drive to Chyrl Way)
8-10 40 2024 12/1/2025
Asphalt Rubber Cape Seal with
Digouts and ADA Ramp Upgrades Emperor Drive
(Pintail Drive to Longspur Drive)
8-10 40 2025 12/1/2026
Asphalt Rubber Cape Seal with
Digouts and ADA Ramp Upgrades Montebello Drive
(Walters Road to Bella Vista Drive)
8-10 40 2026 12/1/2027
Asphalt Rubber Cape Seal with
Digouts and ADA Ramp Upgrades Woodlark Drive
(Highway 12 to Pintail Drive)
8-10 40 2027 12/1/2028
Asphalt Rubber Cape Seal with
Digouts and ADA Ramp Upgrades Anderson Drive
(Grizzly Island Road to McCoy Creek Way)
8-10 40 2028 12/1/2029

130
AGENDA ITEM NO. 16

AGENDA TRANSMITTAL

MEETING DATE:

February
6, 2024

AGENDA ITEM:

Council Adoption of Resolution No. 2024-__: Amending the Citywide Salary Schedule to Implement a 4% Wage Adjustment for the Director of Finance.

FISCAL IMPACT:

The additional cost associated with implementing the proposed resolution has been included in the mid-year budget adjustment.

STRATEGIC PLAN:

Provide Good Governance and Fiscal Solvency.

BACKGROUND:

The City completed a citywide compensation study on March 23, 2023. The results of the compensation study were published on July 18, 2023, and implemented citywide through labor negotiations, with the adoption of Resolution 2023-100.

The Salary Schedule was subsequently updated on August 8, 2023, providing a negotiated base wage adjustment to Fire Captains, with the adoption of Resolution 2023-116; and again, on December 5, 2023, providing a negotiated base wage adjustment to Police Sergeants, with the adoption of Resolution 2023-155.

STAFF REPORT:

The City Council requested staff to prepare a current compensation study for Unrepresented Executives to review how Suisun City Executives compared in the current labor market.

The study, which was completed in November 2023, is attached to this staff report. In consideration of morale, recruitment, and retention, the City Council has authorized a 4% base wage increase for the Director of Finance.

STAFF RECOMMENDATION:

It is recommended that the City Council adopt Resolution No. 2024- ___: Amending the Citywide Salary Schedule to Implement a 4% Wage Adjustment for the Director of Finance.

DOCUMENTS ATTACHED:

1. Resolution No. 2024-___: Amending the Citywide Salary Schedule to Implement a 4% Wage Adjustment for the Director of Finance.
1a. Citywide Salary Schedule

2. Unrepresented Executive Management Salary Survey – November 2023

PREPARED BY:

Christina Penland, Human Resources Administrator
REVIEWED BY:

Kris Lofthus, Deputy City Manager
APPROVED BY:

Aaron Roth, Interim City Manager

ATTACHMENTS:

1. Resolution Approving - Citywide Salary Schedule.pdf
1a. Salary Schedule 2024-2-6 (Final).pdf
131

2. Unrep Executives Comp Survey Nov 2023.pdf
132

Resolution No. 2024-__
Adopted February 6, 2024
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RESOLUTION NO. 2024-__

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUISUN CITY AMENDING THE CITYWIDE SALARY SCHEDULE TO IMPLEMENT A 4% WAGE ADJUSTMENT FOR THE DIRECTOR OF FINANCE.

WHEREAS, on July 18, 2023, the City Council approved an amended Citywide Salary Schedule with the adoption of Resolution No. 2023-100 implementing the negotiated wage adjustments for employees and classifications represented by the Suisun City Employees’ Association (SCEA), Suisun City Police Officers’ Association (SCPOA), Suisun City Management and Professional Employees’ Association (SCMPEA), including wage adjustments for Temporary, Part-Time, Unrepresented and Executive Management Employees and the City Manager; and
WHEREAS, on August 8, 2023 the City Council approved the Current Citywide Salary Schedule with the adoption of Resolution No. 2023-116 implementing the negotiated wage adjustments for employees and classifications represented by the Suisun City Professional Firefighters Association (SCPFA); and
WHEREAS, on December 5, 2023 the City Council approved the Current Citywide Salary Schedule with the adoption of Resolution No. 2023-155 implementing a negotiated 5% base wage adjustment for Police Sergeant classification and incumbent employees, represented by the Suisun City Police Officers’ Association (SCPOA); and WHEREAS, updates to the City’s Classification and Compensation Plan is adopted from time to time, as needed, to establish new classes or revise existing classes and compensation; and
WHEREAS, the City council desires to provide a base wage adjustment of 4% to the Director of Finance;

NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SUISUN CITY:

THAT the base wage adjustment for the Director of Finance classification and incumbent employee is effective February 16, 2024; and
THAT the City Council of the City of Suisun City hereby adopts Resolution No. 2024- ____: Amending the Citywide Salary Schedule to Implement a 4% Wage Adjustment for the Director of Finance.

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Resolution No. 2023-__
Adopted December 5, 2023
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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 6th day of February 2024, 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 6th day of February 2024.

Anita Skinner,
City Clerk
Attachments: A. Citywide Salary Schedule
134
Resolution Date: 2/6/2024
Job Class Column1 Column2 Range A B C D E Starting Ending Effective DateB.U. FLSA Account Clerk I (F) 268 $23.74 $24.93 $26.18 $27.49 $28.86 $4,116 $5,003 07/07/23 SCEA Account Clerk II (F) 291 $26.12 $27.43 $28.80 $30.24 $31.75 $4,527 $5,503 07/07/23SCEA Account Clerk III 313 $28.73 $30.17 $31.68 $33.26 $34.92 $4,980 $6,053 07/07/23SCEA Accountant 362 $35.68 $37.46 $39.33 $41.30 $43.37 $6,184 $7,517 07/07/23SCMPEA Exempt Accounting Technician 332 $31.34 $32.91 $34.56 $36.28 $38.10 $5,433 $6,604 07/07/23SCEA Administrative Assistant I (F) 285 $25.33 $26.60 $27.93 $29.33 $30.79 $4,391 $5,337 07/07/23SCEA Administrative Assistant II (F) 307 $27.87 $29.26 $30.72 $32.26 $33.87 $4,830 $5,871 07/07/23SCEA Assistant Engineer (F) 389 $40.76 $42.80 $44.94 $47.19 $49.54 $7,065 $8,588 07/07/23SCMPEA Exempt Assistant Planner (F) 361 $35.53 $37.31 $39.18 $41.13 $43.19 $6,159 $7,486 07/07/23SCMPEA Exempt Associate Engineer (F) 409 $44.84 $47.08 $49.43 $51.90 $54.50 $7,772 $9,447 07/07/23SCMPEA Exempt Associate Planner (F) 380 $39.09 $41.04 $43.09 $45.25 $47.51 $6,775 $8,235 07/07/23SCMPEA Exempt Background Investigator 391 - - - - $49.92 - - 12/24/21Temp/PT Battalion Chief (2912 annual hours) 375 $37.97 $39.87 $41.87 $43.96 $46.16 $9,462 $11,501 07/21/23Unrep Building Inspection Services Manager 407 $44.46 $46.68 $49.02 $51.47 $54.04 $7,707 $9,367 07/07/23SCMPEA Exempt Building Inspector I (F) 320 $29.63 $31.11 $32.66 $34.30 $36.01 $5,135 $6,242 07/07/23SCEA Building Inspector II (F) 341 $32.59 $34.22 $35.93 $37.73 $39.61 $5,649 $6,866 07/07/23SCEA Building Maintenance Worker I (F) 272 $24.21 $25.42 $26.69 $28.02 $29.42 $4,196 $5,100 07/07/23SCEA Building Maintenance Worker II (F) 296 $26.63 $27.96 $29.36 $30.83 $32.37 $4,616 $5,610 07/07/23SCEA Chief Building Official 469 $61.33 $64.39 $67.61 $70.99 $74.54 $10,630 $12,921 07/21/23Unrep EMExempt City Engineer 467 $60.67 $63.70 $66.89 $70.23 $73.75 $10,516 $12,783 07/07/23SCMPEA Exempt City Manager 595 - - - - $134.00 - $23,227 07/01/23Unrep EMExempt Code Enforcement Officer I (F) 310 $28.28 $29.69 $31.17 $32.73 $34.37 $4,901 $5,958 07/07/23SCEA Code Enforcement Officer II (F) 330 $31.10 $32.66 $34.29 $36.01 $37.81 $5,391 $6,553 07/07/23SCEA Community Services Officer I (F) 284 $25.21 $26.47 $27.79 $29.18 $30.64 $4,370 $5,311 07/07/23SCEA Community Services Officer II (F) 305 $27.73 $29.12 $30.57 $32.10 $33.71 $4,807 $5,843 07/07/23SCEA Computer Systems Specialist 222 $20.02 $21.02 $22.08 $23.18 $24.34 - - 07/21/23Temp/PT Computer Technician 358 $35.09 $36.84 $38.68 $40.62 $42.65 $6,082 $7,392 07/07/23SCEA Deputy City Clerk (C) 363 $35.89 $37.69 $39.57 $41.55 $43.63 $6,221 $7,562 07/07/23SCMPEA Exempt Deputy Fire Chief 470 $61.67 $64.76 $67.99 $71.39 $74.96 $10,690 $12,994 07/07/23SCMPEA Exempt Development Services Director 498 $70.53 $74.05 $77.76 $81.64 $85.73 $12,225 $14,859 07/21/23Unrep EMExempt Dispatch/Records Supervisor 377 $38.36 $40.27 $42.29 $44.40 $46.62 $6,648 $8,081 07/07/23SCMPEA Exempt Division Fire Chief 445 $54.59 $57.32 $60.18 $63.19 $66.35 $9,462 $11,501 07/07/23SCMPEA Exempt Economic Development Consultant 441 - - - - $65.00 - - 12/24/21Temp/PT Finance Director 505 $73.34 $77.01 $80.86 $84.90 $89.15 $12,713 $15,453 02/16/24Unrep EMExempt Finance Manager 436 $52.26 $54.87 $57.62 $60.50 $63.52 $9,058 $11,011 07/07/23SCMPEA Exempt Financial Services Specialist 222 $20.02 $21.02 $22.08 $23.18 $24.34 - - 07/21/23Temp/PT Fire Captain (2,912 annual hours) 350 $34.52 $36.25 $38.06 $39.96 $41.96 $8,602 $10,455 07/07/23SCPFA Fire Chief 514 $76.03 $79.84 $83.83 $88.02 $92.42 $13,179 $16,019 07/21/23Unrep EMExempt Fire Engineer (2912 annual hours) A333 $32.45 $33.77 $35.16 $36.62 $38.15 $8,085 $9,505 05/12/23SCPFA City of Suisun City
Salary Schedule
Hourly Monthly Average
(C) Denotes Confidential Class
(F) Denotes a Flexibly Staffed Classification
** City Manager's Salary is set by Contract Page 1 of 3135 Job Class Column1 Column2 Range A B C D E Starting Ending Effective DateB.U. FLSA Hourly Monthly Average
Fire Engineer (2912 annual hours) 333 $31.38 $32.95 $34.60 $36.33 $38.15 $7,820 $9,505 05/12/23SCPFA Fire Marshal 445 $54.59 $57.32 $60.18 $63.19 $66.35 $9,462 $11,501 07/07/23SCMPEA Exempt Firefighter 292 $26.15 $27.46 $28.83 $30.27 $31.79 - - 07/21/23Temp/PT Fleet Mechanic 288 $25.76 $27.05 $28.40 $29.82 $31.32 $4,466 $5,428 07/07/23SCEA Housing Programs Manager 412 $46.28 $48.59 $51.02 $53.57 $56.25 $8,021 $9,750 07/07/23SCMPEA Exempt Housing Specialist I (F) 306 $27.78 $29.17 $30.63 $32.16 $33.77 $4,815 $5,853 07/07/23SCEA Housing Specialist II (F) 326 $30.56 $32.08 $33.69 $35.37 $37.14 $5,297 $6,438 07/07/23SCEA Human Resources Administrator 478 $64.11 $67.32 $70.69 $74.22 $77.93 $11,113 $13,508 07/21/23Unrep EMExempt Human Resources Technician (C) 332 $31.34 $32.91 $34.56 $36.28 $38.10 $5,433 $6,604 07/07/23SCEA IT Services Manager 443 $53.99 $56.69 $59.52 $62.50 $65.62 $9,358 $11,374 07/07/23SCMPEA Exempt Maintenance Worker I (F) 300 $27.16 $28.52 $29.95 $31.45 $33.02 $4,708 $5,723 07/07/23SCEA Maintenance Worker II (F) 322 $29.88 $31.37 $32.94 $34.59 $36.32 $5,179 $6,295 07/07/23SCEA Management Analyst I (F) 361 $35.53 $37.31 $39.18 $41.13 $43.19 $6,159 $7,486 07/07/23SCMPEA Exempt Management Analyst II (F) 380 $39.09 $41.04 $43.09 $45.25 $47.51 $6,775 $8,235 07/07/23SCMPEA Exempt Marketing Manager 379 $38.82 $40.76 $42.80 $44.94 $47.18 $6,728 $8,178 07/07/23SCMPEA Exempt Office Assistant 263 $23.22 $24.38 $25.60 $26.88 $28.23 $4,025 $4,892 07/07/23SCEA Permit Technician I (F) 303 $27.48 $28.86 $30.30 $31.82 $33.41 $4,764 $5,791 07/07/23SCEA Permit Technician II (F) 324 $30.23 $31.74 $33.33 $35.00 $36.75 $5,240 $6,370 07/07/23SCEA Planning Specialist 222 $20.02 $21.02 $22.08 $23.18 $24.34 - - 07/21/23Temp/PT Police Chief 547 $88.56 $92.99 $97.64 $102.52 $107.64 $15,350 $18,658 07/21/23Unrep EMExempt Police Commander 498 $70.53 $74.05 $77.76 $81.64 $85.73 $12,225 $14,859 07/07/23SCMPEA Exempt Police Evidence and Property Technician I (F)284 $25.21 $26.47 $27.79 $29.18 $30.64 $4,370 $5,311 07/07/23SCEA Police Evidence and Property Technician II (F)305 $27.73 $29.12 $30.57 $32.10 $33.71 $4,807 $5,843 07/07/23SCEA Police Officer (F) 411 $45.21 $47.47 $49.84 $52.34 $54.95 $7,836 $9,525 07/07/23SCPOA Police Officer Trainee (F) 276 - - - $28.63 $30.06 - - 12/24/21Temp/PT Police Sergeant 460 $56.96 $59.81 $62.80 $65.94 $69.24 $9,874 $12,002 12/08/23SCPOA Police Support Services Manager 413 $46.48 $48.81 $51.25 $53.81 $56.50 $8,057 $9,793 07/07/23SCMPEA Exempt Principal Planner 433 $51.59 $54.17 $56.88 $59.73 $62.71 $8,943 $10,870 07/07/23SCMPEA Exempt Project Manager 408 $44.64 $46.87 $49.22 $51.68 $54.26 $7,738 $9,405 07/07/23SCMPEA Exempt Public Safety Dispatcher I (F) 314 $28.82 $30.26 $31.77 $33.36 $35.03 $4,995 $6,071 07/07/23SCPOA Public Safety Dispatcher II (F) 335 $31.70 $33.28 $34.95 $36.70 $38.53 $5,494 $6,679 07/07/23SCPOA Public Works Director/City Engineer 514 $76.03 $79.84 $83.83 $88.02 $92.42 $13,179 $16,019 07/21/23Unrep EMExempt Public Works Inspector 351 $33.89 $35.59 $37.37 $39.24 $41.20 $5,875 $7,141 07/07/23SCEA Public Works Specialist 222 $20.02 $21.02 $22.08 $23.18 $24.34 - - 07/21/23Temp/PT Public Works Superintendent 432 $51.08 $53.63 $56.31 $59.13 $62.08 $8,853 $10,761 07/07/23SCMPEA Exempt Public Works Supervisor 370 $37.07 $38.93 $40.87 $42.92 $45.06 $6,426 $7,811 07/07/23SCMPEA Exempt Recreation Coordinator 302 $27.38 $28.75 $30.19 $31.70 $33.28 $4,746 $5,769 07/07/23SCEA Recreation Manager 399 $42.69 $44.83 $47.07 $49.42 $51.89 $7,400 $8,995 07/07/23SCMPEA Exempt Recreation Specialist I (F) 200 $18.00 $18.54 $19.10 $19.67 $20.26 - - 07/21/23Temp/PT Recreation Specialist II (F) 220 $19.80 $20.39 $21.01 $21.64 $22.29 - - 07/21/23Temp/PT Recreation Specialist III (F) 250 $21.78 $22.43 $23.11 $23.80 $24.51 - - 07/21/23Temp/PT Recreation Supervisor 343 $32.86 $34.50 $36.23 $38.04 $39.94 $5,696 $6,923 07/07/23SCMPEA Exempt Recreation, Parks & Marina Director 498 $70.53 $74.05 $77.76 $81.64 $85.73 $12,225 $14,859 07/21/23Unrep EMExempt (C) Denotes Confidential Class
(F) Denotes a Flexibly Staffed Classification
** City Manager's Salary is set by Contract Page 2 of 3136 Job Class Column1 Column2 Range A B C D E Starting Ending Effective DateB.U. FLSA Hourly Monthly Average
Senior Accountant 390 $41.03 $43.08 $45.24 $47.50 $49.87 $7,112 $8,644 07/07/23SCMPEA Exempt Senior Associate Engineer (F) 425 $49.32 $51.79 $54.38 $57.09 $59.95 $8,549 $10,391 07/07/23SCMPEA Exempt Senior Building Inspector 381 $39.11 $41.07 $43.12 $45.27 $47.54 $6,779 $8,240 07/07/23SCMPEA Exempt Senior Maintenance Worker 344 $32.87 $34.51 $36.24 $38.05 $39.95 $5,697 $6,925 07/07/23SCEA Senior Management Analyst 400 $42.99 $45.14 $47.40 $49.77 $52.26 $7,452 $9,059 07/07/23SCMPEA Exempt Senior Planner 400 $42.99 $45.14 $47.40 $49.77 $52.26 $7,452 $9,059 07/07/23SCMPEA Exempt Senior Public Safety Dispatcher 357 $34.87 $36.61 $38.44 $40.37 $42.38 $6,044 $7,346 07/07/23SCPOA Youth Services Specialist 356 $34.66 $36.40 $38.22 $40.13 $42.13 $6,008 $7,303 07/07/23SCEA (C) Denotes Confidential Class
(F) Denotes a Flexibly Staffed Classification
** City Manager's Salary is set by Contract Page 3 of 3137 Unrepresented Executives Compensation Survey
November 2023
Classification Current top step of
Suisun Pay Range
Labor Market
Median Top Step
$ Difference
between Current
and Median
% required to
reach Median
90% OF
MEDIAN
% Required to
Reach 90% of
Median
Salary Setting Authorized by
Resolution 2023-100
Development Services Director $14,859.00 $16,610.05 ($1,751.05) -11.78% $14,949.05 -0.61% Tier 1 Department Head Finance Director $14,859.00 $16,610.05 ($1,751.05) -11.78% $14,949.05 -0.61% Tier 1 Department Head Fire Chief $16,019.00 $19,133.07 ($3,114.07) -19.44% $17,219.76 -7.50% Tier 2 Department Head Human Resources Administrator $13,508.00 $14,171.04 ($663.04) -4.91% $12,753.94 5.58% 10% below Tier 1 DH Police Chief $18,658.00 $21,508.77 ($2,850.77) -15.28% $19,357.89 -3.75% Tier 3 Department Head Public Works Director/City Engineer $16,019.00 $18,899.88 ($2,880.88) -17.98% $17,009.89 -6.19% Tier 2 Department Head Recreation, Parks & Marina Director $14,859.00 $16,500.00 ($1,641.00) -11.04% $14,850.00 0.06% Tier 1 Department Head 138
AGENDA ITEM NO. 17

AGENDA TRANSMITTAL

MEETING DATE:

February
6, 2024

AGENDA ITEM:

Council Adoption of Resolution No. 2024-__: Amending and Restating the Schedule of Salary and Benefits for Unrepresented and Executive Management Employees.

FISCAL IMPACT:

The annual cost of implementing a 4% base wage increase to the Finance Director is approximately $10,000, with a General Fund impact of approximately $6,000 annually.

Implementation of this increase during Fiscal Year 2023-24 will impact the General Fund by approximately $2,000 and this this has been incorporated into the amended budget.

STRATEGIC PLAN:

Provide Good Governance and Fiscal Solvency.

BACKGROUND:

The Schedule of Salary and Benefits for Unrepresented and Executive Management Employees specifies the level of benefits and compensation the City Council has authorized for unrepresented employees. These benefits may be amended from time to time as desired by the City Council. It was most recently amended/updated on July 18, 2023, with Resolution No. 2023-99.

STAFF REPORT:

The Schedule of Salary and Benefits for Unrepresented and Executive Management Employees is being updated currently to provide the Director of Finance classification and incumbent employee with a 4% base wage adjustment effective February 16, 2024.

A separate agenda item is before City Council this evening, in coordination with this item, which updates the Citywide Salary Schedu
le reflective of this 4% base wage increase.

STAFF RECOMMENDATION:

It is recommended that the City Council adopt Resolution No. 2024- ___: Amending and Restating the Schedule of Salary and Benefits for Unrepresented and Executive Management Employees.

DOCUMENTS ATTACHED:

1. Resolution No. 2024-___: Amending and Restating the Schedule of Salary and Benefits for Unrepresented and Executive Management Employees.
1a. Amended and Restated Schedule of Salary and Benefits for Unrepresented and Executive Management Employees

2. Amended and Restated Schedule of Salary and Benefits for Unrepresented and Executive Management Employees – Redline

PREPARED BY:

Christina Penland, Human Resources Administrator
REVIEWED BY:

Kris Lofthus, Deputy City Manager
APPROVED BY:

Aaron Roth, Acting City Manager

ATTACHMENTS:

1. Resolution Approving UNREP Salary and Benefits.pdf
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1a. Amended UNREP Schedule of Comp and Benefits

2. UNREP Schedule of Comp and Benefits - REDLINE.pdf
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Resolution No. 2024-__
Adopted February 6, 2024

RESOLUTION NO. 2023-__ A RESOLUTION OF THECITY COUNCIL OF THE CITY OF SUISUN CITY

AMENDING AND RESTATING THE SCHEDULE OF SALARY AND BENEFITS FOR

UNREPRESENTED AND EXECUTIVE MANAGEMENT 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, 2022, the City Council adopted Resolution No. 2022-55, 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, 2023, the City Council adopted Resolution No. 2023-44, approving the Amended and Restated Schedule of Benefits for Unrepresented Employees pertaining to compensation provisions; and
WHEREAS, on June 20, 2023, the City Council adopted Resolution No. 2023-72, approving the Amended and Restated Schedule of Salary and Benefits for Unrepresented and Executive Management Employees pertaining to restoring leave caps; and WHEREAS, on July 18, 2023, the City Council adopted Resolution No. 2023-99, approving the Amended and Restated Schedule of Salary and Benefits for Unrepresented and Executive Management Employees to provide compensation adjustments and provisions consistent with those provided to represented employees; 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 provide a 4% base wage increase to the Finance Director classification and incumbent employee; and 141
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Resolution No. 2023-__
Adopted July 18, 2023

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Suisun City hereby adopts Resolution No. 2024-____: Amending and Restating the Schedule of Salary and Benefits for Unrepresented and Executive Management Employees.

PASSED AND ADOPTED at a Regular Meeting of said City Council of the City of Suisun City duly held on Tuesday, the 6th day of February 2024, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers: ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

WITNESS my hand and the seal of said City this 6th day of February 2024.

Anita Skinner
City Clerk

Exhibit A: Amended and Restated Schedule of Salary and Benefits for Unrepresented and Executive Management Employees
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Resolution No. 2024-__
Adopted February 6, 2024
1 CITY OF SUISUN CITY

AMENDED AND RESTATED

SCHEDULE OF SALARY AND BENEFITS

FOR UNREPRESENTED AND

EXECUTIVE MANAGEMENT EMPLOYEES
EFFECTIVE February 6, 2024
Adopted by Resolution No. 2024-_____

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Resolution No. 2024-__
Adopted February 6, 2024
2 Table of Contents
ARTICLE 1 INTRODUCTION .............................................................................................................................. 5 Section 01. AFFECTED EMPLOYEES. .............................................................................................................. 5 Section 02. FIRE BATTALION CHIEF. .............................................................................................................. 5 Section 03. CHIEF BUILDING OFFICIAL. ......................................................................................................... 5 Section 04. AT-WILL EMPLOYMENT STATUS. ............................................................................................... 5 Section 05. FUTURE ADDITIONAL CLASSIFICATIONS. ................................................................................... 6 ARTICLE 2 SALARY ........................................................................................................................................... 6 Section 01. SALARY SCHEDULE SYSTEM. ....................................................................................................... 6 Section 02. BASE WAGE INCRASES ............................................................................................................... 6 A. EFFECTIVE MAY 12, 2023. ...................................................................................................................... 6 B. EFFECTIVE JULY 21, 2023. ...................................................................................................................... 6 C. FINANCE DIRECTOR BASE WAGE ADJUSTMENT. ................................................................................... 6 Section 03. LEVEL OF COMPENSATION. ........................................................................................................ 7 Section 04. ADVANCEMENT WITHIN THE SALARY SCHEDULE. ..................................................................... 7 Section 05. WORK SCHEDULES. .................................................................................................................... 7 Section 06. ALTERNATIVE WORK SCHEDULES. ............................................................................................. 7 Section 07. FLSA EXEMPT STATUS. ............................................................................................................... 7 ARTICLE 3 OTHER COMPENSATION ................................................................................................................ 7 Section 01. ACTING CITY MANAGER PAY. ..................................................................................................... 7 Section 02. DEPUTY CITY MANAGER ASSIGNMENT & PAY. .......................................................................... 7 Section 03. FIRE DUTY CHIEF STANDBY PAY. ................................................................................................ 8 Section 04. ADVANCED EDUCATION COMPENSATION. ................................................................................ 8 Section 05. AUTOMOBILE ALLOWANCE. ....................................................................................................... 8 Section 06. TECHNOLOGY/CELL PHONE EQUIPMENT. .................................................................................. 9 Section 07. CONFIDENTIAL EMPLOYEE PROGRAM TERMINATION............................................................... 9 Section 08. NOTARY PAY. .............................................................................................................................. 9 Section 09. LONGEVITY PAY. ......................................................................................................................... 9 Section 10. POST EXECUTIVE MANAGEMENT CERTIFICATE PAY. ................................................................. 9 ARTICLE 4 EDUCATION REIMBURSEMENT ...................................................................................................... 9 ARTICLE 5 RETIREMENT BENEFITS ................................................................................................................ 10 Section 01. THE CALIFORNIA PUBLIC EMPLOYEES’ PENSION REFORM ACT OF 2013 (PEPRA). ................... 10 Section 02. CLASSIC MISCELLANEOUS EMPLOYEE RETIREMENT BENEFITS. ................................................ 11 144

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3 Section 03. CLASSIC SAFETY FIRE EMPLOYEE RETIREMENT BENEFITS......................................................... 11 Section 04. CLASSIC SAFETY POLICE EMPLOYEE RETIREMENT BENEFITS. ................................................... 11 Section 05. PEPRA NEW MISCELLANEOUS EMPLOYEE RETIREMENT BENEFITS. ......................................... 11 Section 06. PEPRA NEW SAFETY FIRE EMPLOYEE RETIREMENT BENEFITS. ................................................. 12 Section 07. PEPRA NEW SAFETY POLICE EMPLOYEE RETIREMENT BENEFITS. ............................................ 12 Section 08. SICK LEAVE CONVERSION. ......................................................................................................... 12 ARTICLE 6 VACATION LEAVE ......................................................................................................................... 12 Section 01. VACATION ACCRUAL. ............................................................................................................... 12 Section 02. MAXIMUM ACCUMULATION. .................................................................................................. 12 Section 03. HOLIDAY DURING VACATION. .................................................................................................. 13 Section 04. UTILIZATION OF VACATION LEAVE. .......................................................................................... 13 Section 05. CONVERSION OF UNUSED VACATION LEAVE TO CASH. .......................................................... 13 Section 06. VACATION LEAVE PAYMENT AT SEPARATION.......................................................................... 13 Section 07. RESTORING LEAVE CAPS. .......................................................................................................... 13 ARTICLE 7 HOLIDAYS ..................................................................................................................................... 14 Section 01. HOLIDAY DATES. ....................................................................................................................... 14 Section 02. HOLIDAY LEAVE BALANCE ........................................................................................................ 14 Section 03. RESTORING LEAVE CAPS. .......................................................................................................... 15 ARTICLE 8 EXECUTIVE LEAVE ......................................................................................................................... 15 Section 01. EXECUTIVE LEAVE ACCRUAL. .................................................................................................... 15 Section 02. EXECUTIVE LEAVE CASH-OUT. .................................................................................................. 15 Section 03. RESTORING LEAVE CAPS. .......................................................................................................... 15 ARTICLE 9 SICK LEAVE AND OTHER LEAVES .................................................................................................. 16 Section 01. LEAVES OF ABSENCE. ............................................................................................................... 16 Section 03. LEAVE OF ABSENCE DUE TO INJURY INCURRED WHILE ON DUTY. .......................................... 16 ARTICLE 10 MEDICAL & DENTAL INSURANCE ................................................................................................. 16 Section 01. CORE FLEX PLAN. ...................................................................................................................... 16 Section 02. FLEXIBLE BENEFIT OPTIONS. .................................................................................................... 16 Section 03. RESTRICTIONS. ......................................................................................................................... 17 ARTICLE 11 WORKERS' COMPENSATION COVERAGE ...................................................................................... 17 ARTICLE 12 STATE DISABILITY INSURANCE COVERAGE ................................................................................... 17 Section 01. STATE DISABILITY INSURANCE. ................................................................................................ 17 Section 02. PAYMENT OF SDI PREMIUMS. .................................................................................................. 17 145

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4 ARTICLE 13 LIFE INSURANCE AND DEFERRED COMPENSATION ..................................................................... 17 Section 01. LIFE INSURANCE. ...................................................................................................................... 17 Section 02. DEFERRED COMPENSATION PLAN. .......................................................................................... 18 ARTICLE 14 UNIFORMS AND UNIFORM ALLOWANCES ................................................................................... 18 ARTICLE 15 SEVERANCE................................................................................................................................... 18 ARTICLE 16 ELECTIONS .................................................................................................................................... 18

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5 ARTICLE 1 INTRODUCTION

Section 01. AFFECTED EMPLOYEES.

This Schedule of Salary and Benefits for Unrepresented and Executive Management Employees (the "Plan") shall be in force and effect for the following classifications of 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 Plan:

Development Services Director
Finance Director
Fire Chief
Human Resources Administrator
Police Chief
Public Works Director / City Engineer
Recreation, Parks, & Marina Director

Section 02. FIRE BATTALION CHIEF.

The Fire Battalion Chief classification shall receive the same benefits afforded to the Fire Captains and Fire Engineers, represented by the Suisun City Professional Firefighters’ Association, (SCFPA, IAFF 1186), provided under the SCPFA Memorandum of Understanding (MOU), 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. The Fire Battalion Chief classification is explicitly excluded from any and all provisions of this Plan that apply expressly to Affected Employees in the classifications identified in Section 1. Fire Battalion Chiefs are not at-will employees and are FLSA non-exempt. Wages for the Fire Battalion Chief classification will be adjusted by -0.367% effective July 21, 2023.

Section 03. CHIEF BUILDING OFFICIAL.

The Building Official shall receive the same benefits afforded to Management and Professional employees, represented by the Suisun City Management and Professional Employees’ Association (SCMPEA) as provided under the SCMPEA MOU, as amended from time to time, even if expired. The Building Official classification is explicitly excluded from any and all provisions of this Plan that apply expressly to Affected Employees in the classifications identified in Section 1. Wages for the Building Official classification will be adjusted by 10.174% effective July 21, 2023.

Section 04. AT-WILL EMPLOYMENT STATUS.

All Affected Employees, 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 147

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6 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 and/or Fire Chief.

Section 05. FUTURE ADDITIONAL CLASSIFICATIONS.

This Plan shall include future additional classifications determined under applicable City Resolution to be “at-will” within the categories of Unrepresented or Executive Management.

ARTICLE 2 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. BASE WAGE INCRASES

A. EFFECTIVE MAY 12, 2023.

Effective May 12, 2023, base hourly wages will be adjusted as follows:

1. Miscellaneous. Base hourly wage increases of two dollars ($2.00) per hour to the wage range for all unrepresented miscellaneous job classes.

2. Police and Fire. Base hourly wage increases of six dollars ($6.00) per hour to the wage range for all unrepresented safety job classes.

B. EFFECTIVE JULY 21, 2023.

Effective July 21, 2023, base hourly wages will be adjusted as follows:

Job Class Approximate Wage Adjustment
Development Services Director 10.124%
Finance Director 10.124%
Fire Chief 0.234%
Human Resources Administrator 23.832%
Police Chief 16.746%
Public Works Director / City Engineer 18.724%
Recreation, Parks, & Marina Director 10.124%

C. FINANCE DIRECTOR BASE WAGE ADJUSTMENT.

Effective February 16, 2024, the base hourly wage for the Finance Director will be increased by 4%. 148

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7 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 THE SALARY SCHEDULE.

Affected Employees 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 eight (8) hour days in a seven (7)-day period (hereinafter "5/40"), beginning at 12:00 am on Friday through 11:59 pm on the following Thursday. All other work schedules shall be considered Alternative Work Schedules.

Section 06. ALTERNATIVE WORK SCHEDULES.

Nine (9) workdays totaling eighty (80) hours during a fourteen (14)-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"). 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 3 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 concurrence of the City Council in closed session consistent with current Department Head appointment procedures, may assign at their discretion a designee who is covered by the City’s Resolution governing Unrepresented and Executive Management Employees, to serve as 149

Resolution No. 2024-__
Adopted February 6, 2024
8 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 employee 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.

Affected Employees 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 base salary compensation adjustment of three (3%) percent. This incentive is limited to a maximum of three (3%) percent 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.

Affected Employees shall receive four hundred dollars ($400.00) 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.

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9 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% 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.

Section 08. NOTARY PAY.

Any employee that possesses an official Notary Commission and is required to perform these duties in addition to their normal job duties shall be afforded a monthly $50 allowance, approved by the City Manager. The City will provide the cost of training, certification, recertification, bond, insurance and recording with the County Recorder of the Notary Commission for any employees required to obtain and maintain an official Notary Commission.

Section 09. LONGEVITY PAY.

Upon the completion of five (5) years of continuous full-time City service, Affected Employees shall receive an amount equal to three percent (3%) of current base salary. Affected Employees who complete ten (10) years of continuous full-time City service shall receive an additional three percent (3%) of current base salary (for a total of six percent (6%)).

In addition to eligibility for the longevity pay described in the paragraph above, Affected Employees who have completed fifteen (15) years of service as a sworn law enforcement officer, shall receive an additional three percent (3%) of current base salary (eligible for up to nine percent (9%) total longevity pay).

Section 10. POST EXECUTIVE MANAGEMENT CERTIFICATE PAY.

Affected Employees that possess a POST Executive Management Certificate shall receive an amount equal to five percent (5%) of current base salary.

ARTICLE 4 EDUCATION REIMBURSEMENT

Section 01. LIMITATIONS ON EDUCATION REIMBURSEMENT.

Upon approval of the City Manager, the City shall reimburse Affected Employees’ 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:

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10 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.

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 ($1,500.00).

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 paycheck per agreement by the Employee.

ARTICLE 5 RETIREMENT BENEFITS

Section 01. THE CALIFORNIA PUBLIC EMPLOYEES’ PENSION REFORM ACT OF 2013 (PEPRA).

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 152

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11 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 two (2%) percent at fifty-five (55) CalPERS Retirement Plan, with One (1)-Year Final Compensation, including the 1959 Survivor's Benefit Level three (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 Employees will receive an increase to their base hourly rate of seven-point-five (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 two (2%) percent at fifty-five (55) CalPERS Retirement Plan, with One (1)-Year Final Compensation, including the 1959 Survivor's Benefit Level three (3), for Classic Safety Fire 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 seven-point-five (7.5%) percent in exchange for the Classic Safety Fire employees paying the full employee contribution along with employees governed by PEPRA.

Section 04. CLASSIC SAFETY POLICE EMPLOYEE RETIREMENT BENEFITS.

Except as otherwise provided in this Article, the City provides the CalPERS three (3%) percent at fifty (50) Retirement Plan, with One (1)-Year Final Compensation and Credit for Unused Sick Leave Government Code Sections 20042 and 20965 respectively, for Classic Safety Police 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 four (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 five-point-five (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 two (2%) percent at sixty-two (62) CalPERS Plan for New Member Miscellaneous Employees. The City shall pay the Employer's contribution as established by CalPERS. The Employee 153

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12 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 two (2%) percent at fifty-seven (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 two-point-seven (2.7%) percent at fifty-seven (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.

Section 08. SICK LEAVE CONVERSION.

The City provides Credit for Unused Sick Leave pursuant to Government Code Section 20965.

ARTICLE 6 VACATION LEAVE

Section 01. VACATION ACCRUAL.

Affected Employee 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 one hundred and twenty (120) hours per year.

B. Commencing with the Sixth (6th) Year. Employees shall earn and be credited with Vacation Leave at the rate of one hundred and sixty (160) hours per year.

C. Commencing with the Eleventh (11th) Year. Employees shall earn and be credited with an additional eight (8) hours per additional year of service until reaching a maximum of two hundred (200) hours per year after fifteen (15) years of service.

Section 02. MAXIMUM ACCUMULATION.

Affected Employees 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.

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13 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 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.

Affected Employees are allowed to cash-out of a maximum of forty (40) hours in January of each year as long as there remains 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.

Affected Employees 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 Affected 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 155

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14 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 7 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.

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.
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15 Section 03. RESTORING LEAVE CAPS.

Leave caps shall be restored for all Affected 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 8 EXECUTIVE LEAVE

Section 01. EXECUTIVE LEAVE ACCRUAL.

Affected Employees 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.

Affected Employees 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 02. EXECUTIVE LEAVE CASH-OUT.

Affected Employees 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, 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 03. RESTORING LEAVE CAPS.

Leave caps shall be restored for all Affected 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 157

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16 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 9 SICK LEAVE AND OTHER LEAVES

Section 01. LEAVES OF ABSENCE.

Rules regarding Sick Leave and other leaves of absence, including but not limited to, Family or Medical Leave, Pregnancy Disability Leave, Bereavement Leave, Catastrophic Leave Sharing Program, Jury Duty Leave and Military Leave, are set forth in Chapter 10 the Personnel Rules.

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.

ARTICLE 10 MEDICAL & DENTAL INSURANCE

Section 01. CORE FLEX PLAN.

The City will contribute a Core Flex Plan amount equivalent to the Kaiser Permanente Region 1 Premium for Employee, Employee plus one, and Employee plus Family toward the monthly premium cost.

Should the health plan premium cost, selected by the employee, be less than the Kaiser Permanente Region 1 premium, the City shall pay no more that the full cost of the Kaiser Permanente rate, with the difference between the cost of the selected health plan premium, and the maximum provided by the city eligible to be applied toward the cost of vision and dental premiums.

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 and Vision Premiums, Flexible Spending Accounts, and Taxable Cash Option. Affected Employees choosing the Flexible Benefit Options must establish eligibility by providing verification of enrollment in a 158

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17 group health plan and must reestablish eligibility annually for continued enrollment in the Flexible Benefit Options during each Open Enrollment Period established by the City.

Section 03. RESTRICTIONS.

Affected Employees 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 participate in both, with the exception of the Voluntary Pre-Tax Payroll Deduction Flexible Spending Account or enrollment in a Dental and/or Vision Plan.

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 11 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 12 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 13 LIFE INSURANCE AND DEFERRED COMPENSATION

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.

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18 Section 02. DEFERRED COMPENSATION PLAN.

The City shall provide a Deferred Compensation Plan as an optional benefit to Employees. The City will match the Employee 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 14 UNIFORMS AND 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

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 15 SEVERANCE

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 16 ELECTIONS

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
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Resolution No. 2024-__
Adopted February 6, 2024
1 CITY OF SUISUN CITY

AMENDED AND RESTATED

SCHEDULE OF SALARY AND BENEFITS

FOR UNREPRESENTED AND

EXECUTIVE MANAGEMENT EMPLOYEES
EFFECTIVE July 21February 6, 20234
Adopted by Resolution No. 20234-_____

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Adopted February 6, 2024
2 Table of Contents
ARTICLE 1 INTRODUCTION .............................................................................................................................. 5 Section 01. AFFECTED EMPLOYEES. .............................................................................................................. 5 Section 02. FIRE BATTALION CHIEF. .............................................................................................................. 5 Section 03. CHIEF BUILDING OFFICIAL. ......................................................................................................... 5 Section 04. AT-WILL EMPLOYMENT STATUS. ............................................................................................... 5 Section 05. FUTURE ADDITIONAL CLASSIFICATIONS. ................................................................................... 6 ARTICLE 2 SALARY ........................................................................................................................................... 6 Section 01. SALARY SCHEDULE SYSTEM. ....................................................................................................... 6 Section 02. BASE WAGE INCRASES ............................................................................................................... 6 A. EFFECTIVE MAY 12, 2023. ...................................................................................................................... 6 B. EFFECTIVE JULY 21, 2023. ...................................................................................................................... 6 C. FINANCE DIRECTOR BASE WAGE ADJUSTMENT. ................................................................................... 6 Section 03. LEVEL OF COMPENSATION. ........................................................................................................ 7 Section 04. ADVANCEMENT WITHIN THE SALARY SCHEDULE. ..................................................................... 7 Section 05. WORK SCHEDULES. .................................................................................................................... 7 Section 06. ALTERNATIVE WORK SCHEDULES. ............................................................................................. 7 Section 07. FLSA EXEMPT STATUS. ............................................................................................................... 7 ARTICLE 3 OTHER COMPENSATION ................................................................................................................ 7 Section 01. ACTING CITY MANAGER PAY. ..................................................................................................... 7 Section 02. DEPUTY CITY MANAGER ASSIGNMENT & PAY. .......................................................................... 7 Section 03. FIRE DUTY CHIEF STANDBY PAY. ................................................................................................ 8 Section 04. ADVANCED EDUCATION COMPENSATION. ................................................................................ 8 Section 05. AUTOMOBILE ALLOWANCE. ....................................................................................................... 8 Section 06. TECHNOLOGY/CELL PHONE EQUIPMENT. .................................................................................. 9 Section 07. CONFIDENTIAL EMPLOYEE PROGRAM TERMINATION............................................................... 9 Section 08. NOTARY PAY. .............................................................................................................................. 9 Section 09. LONGEVITY PAY. ......................................................................................................................... 9 Section 10. POST EXECUTIVE MANAGEMENT CERTIFICATE PAY. ................................................................. 9 ARTICLE 4 EDUCATION REIMBURSEMENT ...................................................................................................... 9 ARTICLE 5 RETIREMENT BENEFITS ................................................................................................................ 10 Section 01. THE CALIFORNIA PUBLIC EMPLOYEES’ PENSION REFORM ACT OF 2013 (PEPRA). ................... 10 Section 02. CLASSIC MISCELLANEOUS EMPLOYEE RETIREMENT BENEFITS. ................................................ 11 162

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3 Section 03. CLASSIC SAFETY FIRE EMPLOYEE RETIREMENT BENEFITS......................................................... 11 Section 04. CLASSIC SAFETY POLICE EMPLOYEE RETIREMENT BENEFITS. ................................................... 11 Section 05. PEPRA NEW MISCELLANEOUS EMPLOYEE RETIREMENT BENEFITS. ......................................... 11 Section 06. PEPRA NEW SAFETY FIRE EMPLOYEE RETIREMENT BENEFITS. ................................................. 12 Section 07. PEPRA NEW SAFETY POLICE EMPLOYEE RETIREMENT BENEFITS. ............................................ 12 Section 08. SICK LEAVE CONVERSION. ......................................................................................................... 12 ARTICLE 6 VACATION LEAVE ......................................................................................................................... 12 Section 01. VACATION ACCRUAL. ............................................................................................................... 12 Section 02. MAXIMUM ACCUMULATION. .................................................................................................. 12 Section 03. HOLIDAY DURING VACATION. .................................................................................................. 13 Section 04. UTILIZATION OF VACATION LEAVE. .......................................................................................... 13 Section 05. CONVERSION OF UNUSED VACATION LEAVE TO CASH. .......................................................... 13 Section 06. VACATION LEAVE PAYMENT AT SEPARATION.......................................................................... 13 Section 07. RESTORING LEAVE CAPS. .......................................................................................................... 13 ARTICLE 7 HOLIDAYS ..................................................................................................................................... 14 Section 01. HOLIDAY DATES. ....................................................................................................................... 14 Section 02. HOLIDAY LEAVE BALANCE ........................................................................................................ 14 Section 03. RESTORING LEAVE CAPS. .......................................................................................................... 15 ARTICLE 8 EXECUTIVE LEAVE ......................................................................................................................... 15 Section 01. EXECUTIVE LEAVE ACCRUAL. .................................................................................................... 15 Section 02. EXECUTIVE LEAVE CASH-OUT. .................................................................................................. 15 Section 03. RESTORING LEAVE CAPS. .......................................................................................................... 15 ARTICLE 9 SICK LEAVE AND OTHER LEAVES .................................................................................................. 16 Section 01. LEAVES OF ABSENCE. ............................................................................................................... 16 Section 03. LEAVE OF ABSENCE DUE TO INJURY INCURRED WHILE ON DUTY. .......................................... 16 ARTICLE 10 MEDICAL & DENTAL INSURANCE ................................................................................................. 16 Section 01. CORE FLEX PLAN. ...................................................................................................................... 16 Section 02. FLEXIBLE BENEFIT OPTIONS. .................................................................................................... 16 Section 03. RESTRICTIONS. ......................................................................................................................... 17 ARTICLE 11 WORKERS' COMPENSATION COVERAGE ...................................................................................... 17 ARTICLE 12 STATE DISABILITY INSURANCE COVERAGE ................................................................................... 17 Section 01. STATE DISABILITY INSURANCE. ................................................................................................ 17 Section 02. PAYMENT OF SDI PREMIUMS. .................................................................................................. 17 163

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4 ARTICLE 13 LIFE INSURANCE AND DEFERRED COMPENSATION ..................................................................... 17 Section 01. LIFE INSURANCE. ...................................................................................................................... 17 Section 02. DEFERRED COMPENSATION PLAN. .......................................................................................... 18 ARTICLE 14 UNIFORMS AND UNIFORM ALLOWANCES ................................................................................... 18 ARTICLE 15 SEVERANCE................................................................................................................................... 18 ARTICLE 16 ELECTIONS .................................................................................................................................... 18

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5 ARTICLE 1 INTRODUCTION

Section 01. AFFECTED EMPLOYEES.

This Schedule of Salary and Benefits for Unrepresented and Executive Management Employees (the "Plan") shall be in force and effect for the following classifications of 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 Plan:

Development Services Director
Finance Director
Fire Chief
Human Resources Administrator
Police Chief
Public Works Director / City Engineer
Recreation, Parks, & Marina Director

Section 02. FIRE BATTALION CHIEF.

The Fire Battalion Chief classification shall receive the same benefits afforded to the Fire Captains and Fire Engineers, represented by the Suisun City Professional Firefighters’ Association, (SCFPA, IAFF 1186), provided under the SCPFA Memorandum of Understanding (MOU), 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. The Fire Battalion Chief classification is explicitly excluded from any and all provisions of this Plan that apply expressly to Affected Employees in the classifications identified in Section 1. Fire Battalion Chiefs are not at-will employees and are FLSA non-exempt. Wages for the Fire Battalion Chief classification will be adjusted by -0.367% effective July 21, 2023.

Section 03. CHIEF BUILDING OFFICIAL.

The Building Official shall receive the same benefits afforded to Management and Professional employees, represented by the Suisun City Management and Professional Employees’ Association (SCMPEA) as provided under the SCMPEA MOU, as amended from time to time, even if expired. The Building Official classification is explicitly excluded from any and all provisions of this Plan that apply expressly to Affected Employees in the classifications identified in Section 1. Wages for the Building Official classification will be adjusted by 10.174% effective July 21, 2023.

Section 04. AT-WILL EMPLOYMENT STATUS.

All Affected Employees, 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 165

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6 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 and/or Fire Chief.

Section 05. FUTURE ADDITIONAL CLASSIFICATIONS.

This Plan shall include future additional classifications determined under applicable City Resolution to be “at-will” within the categories of Unrepresented or Executive Management.

ARTICLE 2 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. BASE WAGE INCRASES

A. EFFECTIVE MAY 12, 2023.

Effective May 12, 2023, base hourly wages will be adjusted as follows:

1. Miscellaneous. Base hourly wage increases of two dollars ($2.00) per hour to the wage range for all unrepresented miscellaneous job classes.

2. Police and Fire. Base hourly wage increases of six dollars ($6.00) per hour to the wage range for all unrepresented safety job classes.

B. EFFECTIVE JULY 21, 2023.

Effective July 21, 2023, base hourly wages will be adjusted as follows:

Job Class Approximate Wage Adjustment
Development Services Director 10.124%
Finance Director 10.124%
Fire Chief 0.234%
Human Resources Administrator 23.832%
Police Chief 16.746%
Public Works Director / City Engineer 18.724%
Recreation, Parks, & Marina Director 10.124%

C. FINANCE DIRECTOR BASE WAGE ADJUSTMENT.

Effective February 16, 2024, the base hourly wage for the Finance Director will be increased by 4%. 166

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7 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 THE SALARY SCHEDULE.

Affected Employees 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 eight (8) hour days in a seven (7)-day period (hereinafter "5/40"), beginning at 12:00 am on Friday through 11:59 pm on the following Thursday. All other work schedules shall be considered Alternative Work Schedules.

Section 06. ALTERNATIVE WORK SCHEDULES.

Nine (9) workdays totaling eighty (80) hours during a fourteen (14)-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"). 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 3 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 concurrence of the City Council in closed session consistent with current Department Head appointment procedures, may assign at their discretion a designee who is covered by the City’s Resolution governing Unrepresented and Executive Management Employees, to serve as 167

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8 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 employee 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.

Affected Employees 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 base salary compensation adjustment of three (3%) percent. This incentive is limited to a maximum of three (3%) percent 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.

Affected Employees shall receive four hundred dollars ($400.00) 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.

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Adopted February 6, 2024
9 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% 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.

Section 08. NOTARY PAY.

Any employee that possesses an official Notary Commission and is required to perform these duties in addition to their normal job duties shall be afforded a monthly $50 allowance, approved by the City Manager. The City will provide the cost of training, certification, recertification, bond, insurance and recording with the County Recorder of the Notary Commission for any employees required to obtain and maintain an official Notary Commission.

Section 09. LONGEVITY PAY.

Upon the completion of five (5) years of continuous full-time City service, Affected Employees shall receive an amount equal to three percent (3%) of current base salary. Affected Employees who complete ten (10) years of continuous full-time City service shall receive an additional three percent (3%) of current base salary (for a total of six percent (6%)).

In addition to eligibility for the longevity pay described in the paragraph above, Affected Employees who have completed fifteen (15) years of service as a sworn law enforcement officer, shall receive an additional three percent (3%) of current base salary (eligible for up to nine percent (9%) total longevity pay).

Section 10. POST EXECUTIVE MANAGEMENT CERTIFICATE PAY.

Affected Employees that possess a POST Executive Management Certificate shall receive an amount equal to five percent (5%) of current base salary.

ARTICLE 4 EDUCATION REIMBURSEMENT

Section 01. LIMITATIONS ON EDUCATION REIMBURSEMENT.

Upon approval of the City Manager, the City shall reimburse Affected Employees’ 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:

169

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10 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.

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 ($1,500.00).

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 paycheck per agreement by the Employee.

ARTICLE 5 RETIREMENT BENEFITS

Section 01. THE CALIFORNIA PUBLIC EMPLOYEES’ PENSION REFORM ACT OF 2013 (PEPRA).

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 170

Resolution No. 2024-__
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11 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 two (2%) percent at fifty-five (55) CalPERS Retirement Plan, with One (1)-Year Final Compensation, including the 1959 Survivor's Benefit Level three (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 Employees will receive an increase to their base hourly rate of seven-point-five (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 two (2%) percent at fifty-five (55) CalPERS Retirement Plan, with One (1)-Year Final Compensation, including the 1959 Survivor's Benefit Level three (3), for Classic Safety Fire 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 seven-point-five (7.5%) percent in exchange for the Classic Safety Fire employees paying the full employee contribution along with employees governed by PEPRA.

Section 04. CLASSIC SAFETY POLICE EMPLOYEE RETIREMENT BENEFITS.

Except as otherwise provided in this Article, the City provides the CalPERS three (3%) percent at fifty (50) Retirement Plan, with One (1)-Year Final Compensation and Credit for Unused Sick Leave Government Code Sections 20042 and 20965 respectively, for Classic Safety Police 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 four (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 five-point-five (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 two (2%) percent at sixty-two (62) CalPERS Plan for New Member Miscellaneous Employees. The City shall pay the Employer's contribution as established by CalPERS. The Employee 171

Resolution No. 2024-__
Adopted February 6, 2024
12 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 two (2%) percent at fifty-seven (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 two-point-seven (2.7%) percent at fifty-seven (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.

Section 08. SICK LEAVE CONVERSION.

The City provides Credit for Unused Sick Leave pursuant to Government Code Section 20965.

ARTICLE 6 VACATION LEAVE

Section 01. VACATION ACCRUAL.

Affected Employee 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 one hundred and twenty (120) hours per year.

B. Commencing with the Sixth (6th) Year. Employees shall earn and be credited with Vacation Leave at the rate of one hundred and sixty (160) hours per year.

C. Commencing with the Eleventh (11th) Year. Employees shall earn and be credited with an additional eight (8) hours per additional year of service until reaching a maximum of two hundred (200) hours per year after fifteen (15) years of service.

Section 02. MAXIMUM ACCUMULATION.

Affected Employees 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.

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Resolution No. 2024-__
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13 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 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.

Affected Employees are allowed to cash-out of a maximum of forty (40) hours in January of each year as long as there remains 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.

Affected Employees 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 Affected 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 173

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14 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 7 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.

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.
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15 Section 03. RESTORING LEAVE CAPS.

Leave caps shall be restored for all Affected 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 8 EXECUTIVE LEAVE

Section 01. EXECUTIVE LEAVE ACCRUAL.

Affected Employees 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.

Affected Employees 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 02. EXECUTIVE LEAVE CASH-OUT.

Affected Employees 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, 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 03. RESTORING LEAVE CAPS.

Leave caps shall be restored for all Affected 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 175

Resolution No. 2024-__
Adopted February 6, 2024
16 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 9 SICK LEAVE AND OTHER LEAVES

Section 01. LEAVES OF ABSENCE.

Rules regarding Sick Leave and other leaves of absence, including but not limited to, Family or Medical Leave, Pregnancy Disability Leave, Bereavement Leave, Catastrophic Leave Sharing Program, Jury Duty Leave and Military Leave, are set forth in Chapter 10 the Personnel Rules.

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.

ARTICLE 10 MEDICAL & DENTAL INSURANCE

Section 01. CORE FLEX PLAN.

The City will contribute a Core Flex Plan amount equivalent to the Kaiser Permanente Region 1 Premium for Employee, Employee plus one, and Employee plus Family toward the monthly premium cost.

Should the health plan premium cost, selected by the employee, be less than the Kaiser Permanente Region 1 premium, the City shall pay no more that the full cost of the Kaiser Permanente rate, with the difference between the cost of the selected health plan premium, and the maximum provided by the city eligible to be applied toward the cost of vision and dental premiums.

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 and Vision Premiums, Flexible Spending Accounts, and Taxable Cash Option. Affected Employees choosing the Flexible Benefit Options must establish eligibility by providing verification of enrollment in a 176

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17 group health plan and must reestablish eligibility annually for continued enrollment in the Flexible Benefit Options during each Open Enrollment Period established by the City.

Section 03. RESTRICTIONS.

Affected Employees 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 participate in both, with the exception of the Voluntary Pre-Tax Payroll Deduction Flexible Spending Account or enrollment in a Dental and/or Vision Plan.

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 11 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 12 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 13 LIFE INSURANCE AND DEFERRED COMPENSATION

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.

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18 Section 02. DEFERRED COMPENSATION PLAN.

The City shall provide a Deferred Compensation Plan as an optional benefit to Employees. The City will match the Employee 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 14 UNIFORMS AND 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

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 15 SEVERANCE

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 16 ELECTIONS

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
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AGENDA ITEM NO. 18

AGENDA TRANSMITTAL

MEETING DATE:

February
6, 2024

AGENDA ITEM:

Council Adoption of Resolution No. 2024-____: Accepting the 2023 Cost Allocation Plan and Analysis.

FISCAL IMPACT:

Upon adoption of the resolution, the City can utilize the analysis to allocate applicable support costs to non-General Fund activities in FY 2023-24 Budget. The net impact compared with FY 2022-23 would be an increase to FY 2023-24 General Fund revenues of $141,026.

Allocation of cost to Federally Funded programs are not implemented due to Federally approved limit on the administration fee.

STRATEGIC PLAN:

Provide Good Governance and Ensure Fiscal Solvency.

BACKGROUND:

With the adoption of the FY 2022-23 Annual Budget, the City Council set aside funding for several fiscal studies to ensure that the City is optimizing cost recovery. The Cost Allocation Plan (CAP) analyzes overhead cost recovery for services provided by certain General Fund programs to other City, Agency, Authority, and SSWA programs.

The City contracted with MGT of America, Inc. to perform critical cost analyses for the City in order to update our central services cost allocation plan. The last cost allocation study was prepared back for the FY 2022-23 Annual Budget.

The central services cost allocation plan calculates the full cost of overhead services and assigns them to benefiting departments in a manner that is fair, equitable, and supportable. The analysis is prepared in accordance with the cost principles set forth in the Office of Management and Budget circular OMB A- 87, as well as California Constitutional requirements. It is completely transparent to all reviewers:
internal operations, external agencies, and public. This analysis is also relied upon to develop user fees to recover some or all the costs of providing services to the public.

STAFF REPORT:

MGT America has prepared the 2023 Cost Allocation Plan. If fully implemented, applicable cost-recovery revenues that could accrue to the General Fund for FY 2023-24 would be about $970,911 compared with $818,141 in FY 2022-23. Following the recommendation of the City Council, the Cost Allocation Plan has been updated based on the FY 2021-22 actual expenditures.

The CAP allocates the costs for the following service providers: City Council, City Clerk, City Treasurer, City Manager, Administrative Services Department, and Non-Departmental.

The costs are allocated to all activities of the City, Agency, Authority, and SSWA. Some of these activities are General Funded, so no charges are made to recover such costs (no need for the General Fund to bill the General Fund for services provided by the General Fund to the General Fund). The costs for services provided to activities such as Successor Agency, Housing Authority, SSWA, Gas Tax, Sewer, Storm Drain, Marina, etc. are recovered through interdepartmental charges that become revenues to the General Fund. The plan is 134 pages long, and virtually every page consists of allocation tables. Attachment 2 is a copy of the Full Cost Allocation Plan. Attachment 3 illustrates the 179
breakdown of the charges to various departments.

Acceptance of the 2023 Cost Allocation Plan would ensure that the city can demonstrate that it is in conformance with the Office of Management and Budget circular OMB A-87, as well as California Constitutional requirements. It is also a prerequisite to the User Fee Study.

STAFF RECOMMENDATION:

It is recommended that the City Council adopt Resolution No. 2024- ____: Accepting the 2023 Cost Allocation Plan and Analysis.

DOCUMENTS ATTACHED:

1 .

Resolution No. 2024-__: Accepting the 2023 Cost Allocation Plan and Analysis. 2 .
2023 Full Cost Allocation Plan.
3 .

Cost Allocation Plan breakdown of charges to Non-General Fund Departments.

PREPARED BY:

Lakhwinder Deol, Finance Director
REVIEWED BY:

Aaron Roth, Interim City Manager
APPROVED BY:

Aaron Roth, Interim City Manager

ATTACHMENTS:

1. Resolution 2024-___:

Accepting the 2023 Cost Allocation Plan and Analysis

2. 2023 Full Cost Allocation Plan

3. 2024 02 06 - CAP Analysis and Comparison
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RESOLUTION NO. 2024-___

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUISUN CITY ACCEPTING THE 2023 COST ALLOCATION PLAN AND ANALYSIS
WHEREAS, Office of Management and Budget Circular A-87 requires that the City prepare a cost allocation plan (CAP) to allocate administrative overhead costs that it wishes to recover from non-General Fund activities; and
WHEREAS, the last time the Cost Allocation Plan was updated was in 2022; and WHEREAS, the net impact compared with FY 2022-23 would be an increase to FY 2023-24 General Fund revenues of about $141,026 if fully implemented.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City hereby accepts the 2023 Cost Allocation Plan and analysis and directs staff to apply them in the FY 2023- 24 Annual Budget.

PASSED AND ADOPTEDat a Regular Meeting of the City Council of the City of Suisun City duly held on Tuesday, the 6th day of February 2024, 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 6th day of February 2024.

Anita Skinner
City Clerk
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CITY OF SUISUN CITY, CA FULL COST ALLOCATION PLAN
Based on Actual Expenditures For the Fiscal Year 2021-22 © 2022 MGT 3579 E. Foothill Blvd., Ste #144 Pasadena, CA 91107 mgtconsulting.com 182
3600 American River Drive, Suite 150, Sacramento, CA 95864 MGT Sacramento www.mgtconsulting.com

Table of Contents

Section 1 Introduction

Section 2 Reading the Cost Allocation Plan

Section 3 Central Services Cost Allocation Plan

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3600 American River Drive, Suite 150, Sacramento, CA 95864 MGT Sacramento www.mgtconsulting.com

Section 1 Introduction

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3600 American River Drive, Suite 150, Sacramento, CA 95864 MGT Sacramento www.mgtconsulting.com

Introduction

The enclosed Indirect Cost Allocation Plan identifies the costs of indirect services provided by central service departments of the City of Suisun City (City) based on actual expenditures for fiscal year 2021/2022. MGT of America, Inc. (MGT) prepared these documents at the request of the City.

Overview

The cost allocation plan for the City was developed to identify the total program costs of providing municipal services to the citizens of Suisun City. There is one type of cost allocation plan that is prepared for the City, a Full Cost allocation plan.

Currently, the City does not prepare a 2 CFR Part 200 compliant cost allocation plan. Here is a comparison of the two types of cost allocation plans:

 Local agencies provide services that include administrative and support expenditures which are not allowable for federal reimbursement. These expenditures, however, are appropriate for allocation under GAAP principles and guidelines. This allocation methodology is often referred to as a Full Cost allocation plan. It can be generalized that a Full Cost allocation plan is applicable for internal purposes such as recovering indirect costs from enterprise funds, special revenue funds and other funds, as well as included in establishing user fees, permits and applications, billing rates, hourly rates and costs of special services.

 Using federal guidelines, which are now codified in the Code of Federal Regulations (CFR) part 200, local governments may be reimbursed for these administrative and support expenditures if they are documented in a cost allocation plan and indirect cost rates that are compliant with the principles contained in the Circular.

Generally, 2 CFR Part 200 compliant cost allocation plans apply to external purposes such as recovering indirect costs on federal and state grants and awards.

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The comparison table shows the objectives, uses and considerations for both types of cost allocation plans:

 2 CFR Part 200 Cost Plan  Full Cost Plan
 Used externally (state or federally funded
programs; SB90 claims; grants)
 Used internally (interfund charges to
enterprise funds & ISF’s; user fee services;
billed services)
 Must reconcile to actual expenditures  May be based on budget estimates or actual expenditures
 Excludes “general government” functions
such as legislative services
 Includes centralized support activities not
allowable under 2 CFR Part 200
 Must adhere to 2 CFR Part 200 regulations  Adheres to Generally Accepted Accounting Principles (GAAP)
 Produces a conservative view of citywide
indirect costs
 Produces a comprehensive picture of the full
cost of providing citywide indirect services
 Must be prepared annually, with carry-
forward adjustment reconciling estimates to
actuals
 City can adopt a policy of how often the
plan is prepared, assuming the plan in use is
an accurate reflection of the City’s
organizational structure.

As with most organizations, whether private or public, the costs of providing services can be classified into two categories:
direct or indirect. Direct costs are those which can be specifically identified with a particular service, such as street maintenance, police protection or water services. Indirect costs are not readily identifiable with a particular operating program, but rather are incurred for a joint purpose which benefits more than one cost objective. Common examples are accounting, personnel, building maintenance, and information technology. Although these costs are not readily 186
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identifiable with direct operating programs, they are nevertheless incurred by that organization in providing a service or product. As such, it is essential that some method be developed to distribute indirect costs to operating programs if the total cost of a program is to be determined.

The City's attached cost allocation plan is prepared in accordance with generally accepted accounting principles (GAAP) as recognized by the Governmental Accounting Standards Board (GASB). The primary principles inherent in this document are (1) costs are necessary and reasonable for proper performance of a department, division and/or fund (2) costs are charged to departments, divisions and/or funds relative to benefits received and (3) costs are consistently treated as direct or indirect. These principles ensure that a uniform approach is used in the preparation of cost allocation plans. City personnel provided the expenditure and allocation data to MGT consultants.

Process

The significant steps involved in preparing the cost allocation plan include the following:

 Identify the departments that provide support. These departments are referred to as central service or allocating departments and they provide indirect services as described above.

 Identify the departments, divisions and funds that receive support. These departments, divisions and funds are referred to as operating or receiving departments and they provide direct services.

 Accumulate the allowable actual expenditures of the central service departments that provide support to the operating departments.

 Distribute, or allocate, the allowable expenditures of the central service departments that provide support to the operating departments based on available, meaningful, measurable and auditable allocation statistics that match the service provided to the service received.

A double-step down allocation methodology is used to allocate the allowable costs of the central service departments.

This methodology recognizes the cross support provided between central service departments. For example, accounting supports human resources by providing payroll, paying vouchers and preparing a budget. Human resources, however, also supports accounting through personnel administration and by maintaining and administering various liability and risk management programs.
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The double-step down methodology requires an initial sequencing of allocating departments. In the first step of the double-step methodology, allowable costs from central service departments are allocated in the sequence selected to all City departments, divisions and funds; including to other central service departments. The second step in the double- step down methodology is made to fully account for the cross support provided between central service departments.

Central service departments are closed after the second step in the double-step down allocation methodology.

Uses of the Cost Allocation Plan

Through the identification of total program costs, the cost allocation plan can be utilized as a basic information tool in a number of financial and budgetary decision-making situations, including the following:

 The cost allocation plan can be used to determine costs applicable to federal and state grant programs. Under the provisions of 2 CFR Part 200, it is permissible to include indirect costs in accounting for many federal and state grant programs. By establishing an indirect cost rate, the cost allocation plan can be utilized to recover the indirect costs associated with administering federal grant programs.

 The cost allocation plan can be used to identify the indirect costs incurred by the city in administering and providing support services to enterprise funds, internal service funds and other governmental funds.

 The cost allocation plan can also be used in establishing service fees designed for cost recovery by ensuring that all of the costs -- direct and indirect -- associated with providing services are included in the cost analysis. The cost allocation plan provides for the identification and recapture of all indirect costs associated with fee for service activity.

Summary

The cost allocation plan establishes a fair and equitable methodology for identifying and allocating indirect costs to direct cost programs. As such, the cost allocation plan can be a valuable tool in a number of financial applications, including the allocation of organizational resources, performance of expense analyses, establishment of fees designed to recover total costs, recovery of indirect costs in the administration of grant programs and reimbursement of costs associated with providing support services to enterprise, internal service and other governmental funds.

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Section 2 Reading the Cost Allocation Plan

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Reading the Cost Allocation Plan

Sections

Table of Contents
The first few pages of the cost allocation plan are the Table of Contents. The column on the left side of the pages lists the central service or allocating departments. Each central service department is broken down into functions. Functions are the specific services provided by a particular department. The middle column lists the allocation base for each corresponding function. The column on the right side of the page is the applicable page number.

Summary Schedule
The next few pages of the cost allocation plan are the Summary Schedule. The Summary Schedule identifies the total dollar amount allocated from every allocating department to every receiving department. Allocating departments are listed down the left column and receiving departments, divisions and funds are listed across the top of each page.

Detailed Schedules
The remaining pages of the cost allocation plan are the detailed schedules for every central service department. The detail schedules for each central service department starts with a description of the nature and extent of services and is structured in the following format.

Departmental Costs (A). The actual fiscal year 2021-22 expenditures for that department.

Expenditures are listed in the left-hand column; functions are listed across the top of the page. There are three different codes that could be denoted on the Departmental Cost schedule. Those three codes are S, P and D and identify how costs are spread or distributed within a specific department. The S (or S1) stands for salaries. The P stands for percentage. The D stands for disallowed.

Incoming Costs (B). The support costs coming into the department from other allocating departments.

Incoming costs from other allocating departments are spread on the ratio of function salaries to departmental salaries. In the few instances where a department has no salaries, incoming costs are spread on the ratio of function expenditures to departmental expenditures. Certain incoming costs, however, may be denoted with an *. 190
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The * identifies those incoming costs that are directly identified to departmental functions or spread to departmental functions on a percentage basis.

Total Allocated (C). The total amount to be allocated for that department.

The total costs to be allocated for each function is the sum of Departmental Costs (A) plus Incoming Costs (B). If a function is determined to be unallowable, it is noted at the end of this section.

Function Allocations. The distribution, or allocation, of the Total Allocated costs by function.

Each function that is allocated out (allowable) has its own allocation schedule. Each schedule lists the receiving departments on the left-hand column, displays the allocation basis used, and shows how the functional costs are distributed proportionately to each user department. The first allocation column is showing the distribution of the central service department expenditures and the first incoming costs for that function. The direct billed column is to show any payments that were already made by the receiving department to that central service department during the fiscal year for that service/function. The department allocation column is the total of the first allocation and direct billed amount. The second allocation column is the allocation of the second incoming costs for that function.

The total column is the combined amount of the department allocation column and the second allocation column.

Allocation Summary. The summary of allocated costs by function.

This schedule provides a summary of the allocating departments function allocation schedules. This allocation summary total is forwarded to the summary schedule shown in the front of the cost plan.

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Section 3 Central Services Cost Allocation Plan

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CITY OF SUISUN CITY

FULL COST ALLOCATION PLAN - NET
FY 2021-22 Actuals
7/10/2023
Table of Contents
Schedule Description Allocation Basis Units Allocation Basis Source Page # Table of Contents 1
Summary Schedule 3
CIVIC CENTER DEPRECIATION 21
1 Department Costs 22
1 Incoming Costs 23
1 CIVIC CENTER LEASE Civic Center Square Footage 24
1 Allocation Summary 25
010 1010 CITY COUNCIL 26
2 Department Costs 27
2 Incoming Costs 28
2 Council-Fiscal 2021/22 Actual Expenditures 29
2 Council-Agenda **Not Allocated**
2 Allocation Summary 33
010 1020 CITY CLERK 37
4 Department Costs 38
4 Incoming Costs 39
4 General Government 2021/22 Actual Expenditures 40
4 Allocation Summary 44
010 1030 CITY TREASURER 48
6 Department Costs 49
6 Incoming Costs 50
6 INVESTMENTS Cash in Bank, June 20, 2022 51
6 Allocation Summary 54
010 1710 CITY MANAGER 57
7 Department Costs 58
7 Incoming Costs 59
7 CM - EXPENDITURES 2021/22 Actual Expenditures 60
7 CM - FTE'S Number of FTE's 64
7 CM - Direct Charges Direct charges to Departments/ Funds 66 7 Allocation Summary 67
010 1750 HUMAN RESOURCES 71
8 Department Costs 72
8 Incoming Costs 73
8 HUMAN RESOURCES Number of FTE's 74
8 Allocation Summary 76
MGT Consulting Group