CITY COUNCIL
Alma Hernandez, Mayor
Jenalee Dawson, Mayor Pro Tem
Amit Pal, Councilmember
Parise Shepherd, Councilmember
Princess Washington, 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, APRIL 29, 2025
6:00 PM
Suisun City Council Chambers - 701 Civic Center Boulevard - Suisun City, California
.
6:00 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:
883 7605 4110
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. – 818)
(Next City Council Res. No. 2025 – 32)
Next Suisun City Council Acting as Successor Agency Res. No. SA2025 - 02) (Next Housing Authority Res. No. HA2025 – 03)
CALL TO ORDER
Mayor Hernandez
ROLL CALL
Council / Board Members
PLEDGE OF ALLEGIANCE
INVOCATION
1 1.
City Manager Update - (Prebula: [email protected]).
2. City Attorney Report - (Enright).
3. Council Adoption of Resolution No. 2025-__:
Authorizing the Chief of Police, or his
Designee, to Execute a Contract to Receive and Administer Funding through the Boating Safety and Enforcement Financial Aid Program from the California Department of Boating and Waterways for Fiscal Year 2025/2026 - (Roth: [email protected]).
4. Council Adoption of Resolution No. 2025-___: Authorizing the City Manager to Enter into Contract with Fairfield-Suisun Unified School District to Provide After School Programming - (Hull: [email protected]).
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).
CONSENT CALENDAR
Consent calendar items requiring little or no discussion may be acted upon with one motion.
PUBLIC HEARING:
NONE
GENERAL BUSINESS
: NONE
COUNCIL COMMENTS
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 2 during normal business hours. An agenda packet is also located at the entrance to the Council Chambers during the meeting for public review. The city may charge photocopying charges for requested copies of such documents. To the extent feasible, the agenda packet is available for online public viewing on the City’s website: https://www.suisun.com/Government/City-
Council/Agendas The City Council/Agency/Authority hopes to conclude its public business by 10:00 p.m. No new items will be taken up after 10:00 p.m., unless so moved by a majority of the City Council, and any items remaining will be agendized for the next meeting. The agendas have been prepared with the hope that all items scheduled will be discussed within the time allowed.
Accommodations
If you require an accommodation to participate in this meeting, please contact the City Clerk at (707) 421-7302 or [email protected]. The City’s reasonable accommodation policy is available for review on the City’s website at www.suisun.com/government/city-council/, you may request an electronic copy or have a copy mailed to you. Please note that for accommodations that are not readily available, you must make your request as soon as you can prior to the time of the meeting.
Decorum
All participants are expected to conduct themselves with mutual respect. Conduct that disrupts meetings will be addressed in accordance with Section 54957.95 of the Government Code.
Ordinances
Ordinances are city laws contained in the Suisun City Municipal Code. Enacting a new city law or changing an existing one is a two-step process. Government Code 36934 provides, except when, after reading the title, further reading is waived by regular motion adopted by majority vote all ordinances shall be read in full either at the time of introduction or passage; provided, however, that a reading of the title or ordinance shall not be required if the title is included on the published agenda and a copy of the full ordinance is made available to the public online and in print at the meeting prior to the introduction or passage.
Certification Of Posting
Agendas for regular and special meetings are posted in accordance with the Brown Act at Suisun City Hall, 701 Civic Center Boulevard, Suisun City, CA. Agendas may be posted at other Suisun City locations including:
Suisun City Fire Station, 621 Pintail Drive, Suisun City, CA; Joe Nelson Center, 611 Village Drive, Suisun City, CA;
Harbor Master Office, 800 Kellogg Street, Suisun City, CA.
I, Ashley Nash, Administrative Assistant II 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.
3 THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK
4 AGENDA ITEM NO. 3.
AGENDA TRANSMITTAL
MEETING DATE:
April 29, 2025
AGENDA ITEM:
Council Adoption of Resolution No. 2025-__:
Authorizing the Chief of Police, or
his Designee, to Execute a Contract to Receive and Administer Funding through the Boating Safety and Enforcement Financial Aid Program from the California Department of Boating and Waterways for Fiscal Year 2025/2026.
FISCAL IMPACT:
Contingent upon final approval of the State’s budget, Suisun City will be awarded grant funds in the amount of $43,753.00. Suisun City’s match is through the contribution of boat tax revenue.
STRATEGIC PLAN:
Goal A: Ensure Public Safety
Goal B: Sustainability and Stewardship
BACKGROUND:
Each year the Police Department applies for and receives grant funding from the CA Department of Boating and Waterways to cover the majority of the operation of our boating enforcement program, Marine Unit. The Police Department has operated a boat patrol program for approximately 45 years.
STAFF REPORT:
Three police sergeants and up to five police officers are assigned to Suisun City Police Department’s Marine Unit on an ancillary duty basis. Throughout the year, the boat patrol is utilized in several events, such as, but not limited to, boat/jet ski races, Fourth of July, Christmas at the Waterfront, launch ramp inspections, harbor patrol, sinking vessels, vessel accidents, search & rescues, stranded boaters and special assistance call outs by the United States Coast Guard and the Solano County Sheriff’s Department. The team also participates in regional enforcement efforts sponsored by the United States Coast Guard in conjunction with surrounding counties. The team also conducts operations for mutual aid and local security checks.
During the prior completed federal fiscal year (2023/2024), the team worked approximately 430 hours towards boating safety education and enforcement. There was 1 felony arrest, 44 warnings issued and 0 citations issued. There were 70 compliance inspection/checks completed, 1 search & rescue response, 3 persons assisted and 2 vessels assisted.
STAFF RECOMMENDATION:
It is recommended that City Council of the City of Suisun City Adopt Resolution No. 2025-__:
Authorizing the Chief of Police, or his Designee, to Execute a Contract to Receive and Administer Funding through the Boating Safety and Enforcement Financial Aid Program from the California Department of Boating and Waterways for Fiscal Year 2025/2026.
DOCUMENTS ATTACHED:
1 .
Resolution Authorizing the Chief of Police, or his Designee, to Execute a Contract to Receive and 5 Administer Funding through the Boating Safety and Enforcement Financial Aid Program from the California Department of Boating and Waterways for Fiscal Year 2025/2026. 2 .
Boat Agreement
PREPARED BY:
Aaron Roth, Police Chief
REVIEWED BY:
Bret Prebula, City Manager
APPROVED BY:
Bret Prebula, City Manager
ATTACHMENTS:
1. Resolution 2025 Boat Grant 25-26
2. Boating Safety and Enforcement Financial Aid Program Agreement 6 RESOLUTION NO. ___________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUISUN CITY
AUTHORIZING THE CHIEF OF POLICE, OR HIS DESIGNEE, TO EXECUTE A
CONTRACT TO RECEIVE AND ADMINISTER FUNDING THROUGH THE BOATING
SAFETY AND ENFORCEMENT FINANCIAL AID PROGRAM FROM THE
CALIFORNIA DEPARTMENT OF BOATING AND WATERWAYS FOR FISCAL YEAR 2025/2026
WHEREAS, the City of Suisun City Police Department is eligible to participate in the 2025/2026 Boating Safety and Enforcement Financial Aid Program through the California Department of Boating and Waterways; and
WHEREAS, the Boating Safety and Enforcement Financial Aid Program will provide funding in the amount of $43,753.00 for the purpose of performing boating safety and enforcement activities as described in Title 14, California Code of Regulations Section 6593.3; and WHEREAS, pursuant to Title 14, California Code of Regulations Section 6593.6, the City of Suisun City Police Department is required to enter into an annual contract with the California Department of Boating and Waterways in order to participate in the financial aid program.
In addition, pursuant to Harbors and Navigation Code, Section 663.7 (e), The department shall not allocate funds to any county or a public agency within a county unless the department receives a resolution adopted annually by the board of supervisors authorizing the county to participate in the program and certifying that the county will expend for boating safety programs during that year not less than an amount equal to 100 percent of the amount received by the county from personal property taxes on vessels. The money allocated to a county pursuant to subdivision (a) shall be used only for boating safety and enforcement programs, as specified in subdivision (a), that are conducted in that county.
NOW, THEREFORE, BE IT RESOLVED that the City Council hereby authorizes the Police Chief, or his designee, to execute those documents necessary to receive funding through the California Department of Boating and Waterways Boating Safety and Enforcement Financial Aid Program and further authorizes the Police Chief, or his designee, to administer said program.
PASSED AND ADOPTED by the City Council of the City of Suisun City at a regular meeting thereof held on the 29th day of April, 2025 by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ABSTAIN: Councilmembers:
WITNESS my hand and the seal of said City this 29th day of April, 2025. ________________________________
Anita Skinner
City Clerk
7 8
9 10
AGENDA ITEM NO. 4.
AGENDA TRANSMITTAL
MEETING DATE:
April 29, 2025
AGENDA ITEM:
Council Adoption of Resolution No. 2025-___: Authorizing the City Manager to Enter into Contract with Fairfield-Suisun Unified School District to Provide After School Programming.
FISCAL IMPACT:
Creates revenue in an amount not to exceed $2,336,000.
STRATEGIC PLAN:
Ensure Fiscal Solvency
BACKGROUND:
In February 2025, Fairfield-Suisun Unified School District (FSUSD) released a request for proposal (RFP) to select providers that had the background, strength, management, and expertise to provide FSUSD’s transitional kindergarten (TK) through eighth grade students with after school programming each school day until 6:00 pm and 30 additional students outside of the school year beginning the 2025-2026 school year.
Providers selected as a result of this process will provide the services and work cooperatively with the district staff. The term of the contract to provide services is from August 13, 2025 – July 3, 2026.
Pursuant to Education Code, Section 17596 (K-12), FSUSD has the option of contract renewal on an annual basis, not to exceed five years.
The Recreation, Parks, and Marina (RPM) Department submitted a proposal in March 2025 to FSUSD to operate Suisun City after school programs.
STAFF REPORT:
In April 2025, Suisun City RPM Department was notified that their application was selected and approved to operate after school programs for Crescent Elementary and Dan O. Root Elementary for the upcoming 2025–2026 school year. The programs will serve students in transitional kindergarten through 5th grade.
Suisun City RPM Department’s after school program will provide students with a safe, structured environment after school, every school day until 6:00 p.m. During that time, they’ll be provide at least three daily enrichment activities, an hour of academic support with homework or FSUSD provided learning software, social-emotional learning and physical activity opportunities, and a school district provided meal.
Below are core aspects of Suisun City RPM Department’s after school program to give an idea of its impact on FSUSD youth and the Department’s commitment to providing the best program possible.
Active and Engaged Learning
- Every activity is planned with purpose, helping students stay engaged and build real skills. Students will participate into weekly hands-on STEM projects, join clubs based on their interests (like art, coding, or photography), and take part in projects that help improve their school environment.
Life Skill Building
- While having fun, students at the after school programs will also learn how to work in teams, think critically, communicate clearly, and stay focused—skills they’ll carry 11 with them into school, work, and life.
Support Where It’s Needed Most
- Each day includes homework help and facilitation of FSUSD provided learning software. RPM staff are also in regular contact with teachers and families to make sure students are supported both academically and emotionally.
Staff Who Care and Are Well Prepared
– RPM staff are well-trained, compassionate, and ready
for anything. Every staff member will meet FSUSD paraprofessional standards, will be CPR/First Aid certified, and will participate in regular safety drills. They also receive ongoing training in social-emotional learning, youth development, classroom management, crisis management, working with students with intellectual and/or developmental disabilities, and more.
STAFF RECOMMENDATION:
It is recommended that City Council adopt the following resolution:
Resolution No. 2025:___ Authorizing the City Manager to Enter into Contract with Fairfield-Suisun Unified School District to Provide After School Programming.
DOCUMENTS ATTACHED:
1 .
Resolution No. 2025-___: Authorizing the City Manager to Enter into Contract with Fairfield- Suisun Unified School District to Provide After School Programming. 2 .
Fairfield-Suisun Unified School District Agreement.
PREPARED BY:
Marvin
Mora, Management Analyst II
REVIEWED BY:
Janet Hull, Recreation, Parks and Marina Director
APPROVED BY:
Bret Prebula, City Manager
ATTACHMENTS:
1. Reso No. 2025-
Authorizing the City Manager to Enter into Contract with Fairfield-Suisun Unified School District to Provide After School Programming
2. Fairfield-Suisun Unified School District Agreement
12 RESOLUTION NO. 2025-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUISUN CITY,
CALIFORNIA, AUTHORIZING THE CITY MANAGER TO ENTER INTO CONTRACT
WITH FAIRFIELD-SUISUN UNIFIED SCHOOL DISTRICT TO PROVIDE AFTER
SCHOOL PROGRAMMING
WHEREAS, in February 2025, Fairfield-Suisun Unified School District released a request for proposal to select after school program providers for grades TK-8; and WHEREAS, Suisun City Recreation, Parks, and Marina Department submitted a proposal to FSUSD in March 2025 and were selected to be after school program provider for the 2025-2026 school year at Crescent Elementary and Dan O. Root Elementary Schools; and WHEREAS, Pursuant to Education Code, Section 17596 (K-12), FSUSD has the option of contract renewal on an annual basis, not to exceed five years; and WHEREAS, through the facilitation of after school programs, Suisun City Recreation, Parks, and Marina Department provides FSUSD youth with the opportunity for active and engaged learning, homework assistance, skill building, enrichment activities, enhancing youth voice, exercise, and a safe environment after school.
NOW, THEREFORE, BE IT RESOLVED,The City Council authorizes the City Manager to Enter into Contract with Fairfield-Suisun Unified School District to Provide After School Programming.
PASSED AND ADOPTEDat a Regular Meeting of the City Council of the City of Suisun City duly held on Tuesday, the 29th day of April 2025, 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 29th day of April 2025.
Anita Skinner
City Clerk
13 RFQ-P/Contract: 2244-26
FSUSD – Independent Contractor Agreement for Professional Services Page 1 Fairfield-Suisun Unified School District
PURCHASING DEPARTMENT
2490 HILBORN ROAD, FAIRFIELD, CA 94534
(707) 399-5144 FAX: (707) 399-5151
Hello! The Fairfield-Suisun is interested in contracting with your company. The following pages is a contract for your review and signature. Documents required to be returned are indicated below.
☒ Vendor Profile Vendor Profile Document
☒ W-9
☒ Commercial General Liability Insurance with Additional Insured Endorsement (If COI is only 1 page, it is insufficient. See sample COI with endorsement link below) Sample COI and Endorsement
☒ Auto Insurance
☒ Worker’s Compensation Insurance / Employer’s Liability
☒ Professional Liability
☐ Up-to-date insurance on file, be sure to send renewals when available
☐ Solano County Food Permit
☒ LiveScan fingerprinting and TB screening
☒ FSUSD Contract
☒Section 4, Submittal of Documents – Select Yes or No
☒Section 7, Tuberculosis (TB) Screening – Initial
☒Page 4-5 – Date, Signature, Name, Title, and Type of Business
14 RFQ-P/Contract: 2244-26
FSUSD – Independent Contractor Agreement for Professional Services Page 2
FAIRFIELD-SUISUN UNIFIED SCHOOL DISTRICT
2490 Hilborn Road • Fairfield, California 94534 • Telephone (707) 399-5000 FAX: (707) 399-5151 • www.fsusd.org
Independent Contractor Agreement for Professional Services (Non-Construction Related)
THIS INDEPENDENT CONTRACTOR AGREEMENT is made and entered into on ______ ___________, 202 5 (“Agreement”), by and between Fairfield-Suisun Unified School District (“District”) and City of Suisun City (“Consultant”). Consultant and District may be referred to herein individually as a “Party” or collectively as the “Parties.”
1. Services. The District is authorized by Gov. Code § 53060 to contract with any persons for the furnishing of special services and advice in financial, economic, accounting, engineering, legal or administrative matters, if those persons are specially train ed and experienced and competent to perform the special services required. The Consultant shall furnish to the District the following services (“Services” or “Work”). The Consultant warrants that it is specially trained, licensed and experienced and competen t to perform the Services. ☒ As indicated in Exhibit “A” and ☒ as follows:
After School Program services as responded to in RFQ-P #2244-26 After School Programs. _____
2. Price & Payment. The Consultant shall furnish the Services to the District for the following compensation (“Agreement Price”):
☐ Consultant is providing services for a total flat fee of: $ ; or ☐ Consultant will provide a maximum number of hours of service at a rate of $ per hour for a total not to exceed $ ; or
☒ Other: Total contract cost not to exceed $ 2,336,000.00 Payment for the Services shall be made in accordance with the Terms and Conditions incorporated herein. District must approve Consultant’s form of invoice, which must be sufficiently detailed (e.g., name of school or department provided with Services, period of Services, number of hours of Services, brief description of Services provided).
3. Agreement Time. The Services shall commence on August 13, 2025 and shall be completed by July 3, 2026 (“Agreement Time”).
4. Submittal of Documents . The Consultant shall not commence the Services under this Agreement until the Consultant has submitted the following documents as indicated below (check all that are required):
☒ Signed Agreement ☒ Insurance Certificates & Endorsements ☒ W-9 Form ☒ Per Education Code Sections 45100-45139/88000-88040 defines what constitutes the classified service.
Education Code Sections 44830-44929/87400-87488 defines certificated service. The IRS predisposes an employer/employee relationship when state law mandates such a relationship. Are you currently, or have you ever paid into the California State Public Employees Retirement System or California State Teachers Retirement System? ___Yes ___No
5. Notice. Any notice under this Agreement shall be deemed to have been given, served, and received if given in writing and either personally delivered (effective upon receipt) or sent by overnight delivery service (effective the next business day following the deposit thereof with the overnight delivery service), addressed as follows:
DISTRICT
Fairfield-Suisun Unified School District
2490 Hilborn Road
Fairfield, CA 94534
Attn: Purchasing & Contracts Dept.
[email protected]
CONSULTANT
City of Suisun City
611 Village Dr.
Suisun City, CA 94585
Attn: Janet Hull
E-mail: [email protected]
15 RFQ-P/Contract: 2244-26
FSUSD – Independent Contractor Agreement for Professional Services Page 3
6. Fingerprinting / Criminal Background / Megan’s Law (Sex Offenders). I have verified and will continue to verify that the employees of Consultant that will be on any school site and the employees of any subconsultants and/or subcontractors that will be on any school site are not listed on California’s “Megan’s Law” Websit e (http://www.meganslaw.ca.gov/). In addition, the fingerprinting and criminal background investigation requirements of Education Code section 45125.1 apply to any entity that has a contract with the District. Accordingly, one of the following boxes must be checked:
☒ Consultant certifies that Consultant has complied with the fingerprinting and criminal background investigation requirements of Education Code section 45125.1 and that the California Department of Justice has determined that neither Consultant nor any of Consultant’s employees, subcontractors, agents, and subcontractors’ employees or agents (collectively “Employees”) regardless of whether those Employees are paid or unpaid, concurrently employed by the District, or acting as independent contractors of the Consultant, who may interact with District pupils outside the immediate supervision and control of the pupil’s parent or guardian or a District employee in the course of providing services pursuant to this Agreement, have been convicted of a felony, as that term is defined in Education Code section 45122.1. Consultant shall immediately provide the District any subsequent arrest and conviction information it receives from the California Department of Justice for those Employees during the course of providing services pursuant to this Agreement. A complete and accurate list of all Employees who may interact with District pupils during the course and scope of this Agreement is attached hereto. ☐ [TO BE COMPLETED BY AUTHORIZED DISTRICT EMPLOYEE ONLY.] Neither Consultant nor Consultant’s Employees will have any interaction with District pupils outside the immediate supervision and control of the pupil’s parent or guardian or a District employee so that the fingerprinting and criminal background investigation requirements of Education Code section 45125.1 do not apply to Consultant for the services provided under this Agreement. As an authorized District official, I am familiar with the facts herein certified, and am authorized to execute this certificate on behalf of the District.
District Representative’s Name & Initials: Melissa Iriarte_____________________ INITIAL HERE: __MI___
☐ [TO BE COMPLETED BY AUTHORIZED DISTRICT EMPLOYEE ONLY.] Consultant’s services pursuant to this Agreement are provided in an emergency or exceptional situation, such as when pupil health or safety is endangered, and the District will take appropriate steps to protect the safety of any pupil that may interact with Consultant and/or Consultant’s Employees so that Consultant and/or Consultant’s Employees do no interact with District pupils outside the immediate supervision and control of the pupil’s parent or guardian or a District employee in the course of providing services pursuant to this Agreement. (Ed. Code, § 45125.1 (c).) As an authorized District official, I am familiar with the facts herein certified, and am authorized to execute this certificate on behalf of the District.
District Representative’s Name & Initials: _______________________ INITIAL HERE: ______
☐ [TO BE COMPLETED BY AUTHORIZED DISTRICT EMPLOYEE ONLY.] Consultant is a sole proprietor and in compliance with Education Code section 45125.1 (h)(1) -(2), the District confirmed with the California Department of Justice that Consultant has not been convicted of a felony, as that term is defined in Education Code section 45122.1, pursuant to the requirements of Education Code section 45125.1 (a). As an authorized District official, I am fam iliar with the facts herein certified, and am authorized to execute this certificate on behalf of the District.
District Representative’s Name & Initials: _______________________ INITIAL HERE: ______
7. Tuberculosis (TB) Screening. Check one of the following boxes:
☒ For each person, the District requires a statement of TB Clearance on file with the District. ☐ Waiver of TB Screening. Consultant is not required to provide evidence of TB Clearance because Consultant will not work directly with students on more than an occasional basis.
INITIAL HERE: ______ (Consultant initials) INITIAL HERE: __MI___ (District Representative initials)
8. Health & Safety. Consultant must comply with the policies, safety protocols and practices established by the District, the Health Officer of the County of Solano, the state of California, and OSHA and Cal -OSHA related to required health monitoring, cleaning and sanitization practices, physical distancing requirements, face coverings, use of personal protecti ve equipment, site safety protocols, community infectious disease spread reduction plan, and communication matters (collectively “Health & Safety 16 RFQ-P/Contract: 2244-26
FSUSD – Independent Contractor Agreement for Professional Services Page 4 Policies”) in effect as of the date of this Agreement and as may be revised during the performance of Work. Co nsultant must always review and implement the Health & Safety Policies in its performance of Work, including the work of Consultant’s employees, sub-consultants, subcontractors, and agents (collectively “Applicable Worker(s)”).
Consultant’s Applicable Workers will not be allowed to enter the District’s school site if they have a fever, cough or other COVID- 19 or infectious disease symptom(s). Consultant agrees to implement, comply with, and fulfill the terms and requirements of t he Health & Safety Policies.
9. Insurance: Consultant shall have and maintain insurance in force during the term of this Agreement with minimum limits identified below. Consultant shall provide to the District certificate(s) of insurance and endorsements satisfactory to the District.
The policy(ies) shall not be amended or modified and the coverage amounts shall not be reduced without thirty (30) days written notice to the District prior to modification. Except for worker’s compensation insurance, the Di strict shall be named as an additional insured on all policies. Consultant’s policy(ies) shall be primary; any insurance carried by the District shall o nly be secondary and supplemental. Consultant shall not allow any subcontractor, employee, or agent to commence Work on this Agreement or any subcontract until the insurance required of Consultant, subcontractor, or agent has been obtained.
Insurance NOT required of Consultant if corresponding box initialed by District representative ↓ Commercial General Liability $1,000,000 per occurrence; $2,000,000 aggregate ____
Automobile Liability, Any Auto, combined single limit $1,000,000 per occurrence; $2,000,000 aggregate ____
Sexual Abuse & Molestation Liability $1,000,000 per occurrence; $2,000,000 aggregate
Workers Compensation Statutory limits pursuant to State law ____ Employers’ Liability $1,000,000 ____
Professional Liability (E&O), if Consultant is providing professional services or advice (on a claims-made form) $1,000,000 ____
ACCEPTED AND AGREED on the date indicated below. By signing this Agreement, the Consultant has read and agrees to comply with the Terms & Conditions attached hereto. Each Party certifies, under penalty of perjury, that all the information provid ed in the Agreement is true, complete, and correct and that the person executing this Agreement has full power and authority to enter into the Agreement.
Fairfield-Suisun Unified School District
Dated: , 2025
Signature:
Print Name: Laneia Grindle
Print Title: Asst. Supt. of Bus. Svcs.
Consultant: City of Suisun City
Dated: , 2025
Signature:
Print Name:
Print Title:
Approved as to Form: Information regarding Vendor:
Dated: , 2025
Signature:
Print Name: Melissa Iriarte
Print Title: Director, Accounting___________________
Indicate type of entity or if individual:
____ Individual
____ Sole Proprietorship
____ Partnership
____ Limited Partnership
____ Corporation
____ Limited Liability Company
____ Other: _________________
17 RFQ-P/Contract: 2244-26
FSUSD – Independent Contractor Agreement for Professional Services Page 5
TERMS & CONDITIONS TO INDEPENDENT CONTRACTOR AGREEMENT FOR PROFESSIONAL SERVICES
1. Expenses. District shall not be liable to Consultant for any costs or expenses paid or incurred by Consultant in performing the Work.
2. Materials. Consultant shall furnish, at his/her own expense, all labor, materials, equipment , supplies and other items necessary to complete the services to be provided pursuant to this Agreement.
3. Independent Contractor. Consultant, in the performance of this Agreement, shall be and act as an independent contractor.
Consultant understands and agrees that he/she and all of his/her employees shall not be considered officers, employees, agents, partner, or joint venture of the District, and are not entitled to benefits of any kind or nature normally provided employees of the District and/or to whi ch District's employees are normally entitled, including, but not limited to, State Unemployment Compensation or Worker's Compensation. Consultant shall assume full responsibility for payment of all federal, state and local taxes or contributions, including unemployment insurance, social security and income taxes with respect to Consultant's employees.
4. Standard of Care.
4.1. Consultant represents that Consultant has the
qualifications and ability to perform the Services in a professional manner, without the advice, control or
supervision of District. Consultant’s Services will be performed, findings obtained, reports and
recommendations prepared in accordance with
generally and currently accepted principles and
practices of its profession for services to Cal ifornia school districts. Consultant’s Services will be performed with due care and in accordance with applicable law,
code, rule, regulation, and/or ordinance.
4.2. Consultant hereby represents that it possesses the necessary professional capabilities, qualif ications,
licenses, skilled personnel, experience, expertise, and financial resources, and it has available and will provide the necessary equipment, materials, tools, and facilities to perform the Services in an efficient, professional, and timely manner in accordance with the terms and
conditions of the Agreement.
4.3. Consultant shall be responsible for the professional quality, technical accuracy, completeness, and
coordination of the Services, and Consultant
understands that the District relies upon such
professional quality, accuracy, completeness, and
coordination by Consultant in performing the Services.
4.4. Consultant shall ensure that any individual performing work under the Agreement requiring a California license shall possess the appropriate license re quired by the
State of California. All personnel shall have sufficient skill and experience to perform the work assigned to
them.
5. Originality of Services . Consultant agrees that all technologies, formulae, procedures, processes, methods, writings, ideas, dialogue, compositions, recordings, teleplays and video productions prepared for, written for, or submitted to the District and/or used in connection with this Agreement, shall be wholly original to Consultant and shall not be copied in whole or in part f rom any other source, except that submitted to Consultant by District as a basis for such services.
6. Copyright/Trademark/Patent. Consultant understands and agrees that all matters produced under this Agreement shall become the property of District and can not be used without District's express written permission. District shall have all right, title and interest in said matters, including the right to secure and maintain the copyright, trademark and/or patent of said matter in the name of the District. Co nsultant consents to use of Consultant's name in conjunction with the sale, use,
performance and distribution of the matters, for any purpose and in any medium.
7. Termination.
7.1. Without Cause by District . District may, at any time, with or without reason, te rminate this Agreement and
compensate Consultant only for services satisfactorily
rendered to the date of termination. Written notice by District shall be sufficient to stop further performance of services by Consultant. Notice shall be deemed given when received by the Consultant or no later than three
days after the day of mailing, whichever is sooner.
7.2. Without Cause by Consultant . Consultant may, upon sixty (60) days’ notice, with or without reason,
terminate this Agreement. Upon this termination,
District shall only be obligated to compensate
Consultant for services satisfactorily rendered to the
date of termination. Written notice by Consultant shall be sufficient to stop further performance of services to District. Consultant acknowledges that thi s sixty (60) day notice period is acceptable so that the District can attempt to procure the Services from another source.
7.3. With Cause by District . District may terminate this Agreement upon giving of written notice of intention to terminate for cause. Cause shall include:
7.3.1. Material violation of this Agreement by the
Consultant; or
7.3.2. Any act by Consultant exposing the District to
liability to others for personal injury or
property damage; or
7.3.3. Consultant is adjudged a bankrupt or makes a
general assignment for the benefit of creditors
or a receiver is appointed on account of
Consultant's insolvency.
7.4. Written notice by District shall contain the reasons for such intention to terminate and, unless within three (3) calendar days after that notice the condition o r
violation shall cease or satisfactory arrangements for
the correction thereof be made, this Agreement shall
upon the expiration of the three (3) calendar days cease and terminate. In the event of this termination, the
18 RFQ-P/Contract: 2244-26
FSUSD – Independent Contractor Agreement for Professional Services Page 6 District may secure the required Se rvices from another Consultant. If the expense, fees, and/or costs to the
District exceeds the cost of providing the Services
pursuant to this Agreement, the Consultant shall
immediately pay the excess expense, fees, and/or costs
to the District upon the receipt of the District’s notice of these expenses, fees, and/or costs. The foregoing
provisions are in addition to and not a limitation of any other rights or remedies available to District.
7.5. Termination for Non -Appropriation of Funds . The
continuation of this Agreement is contingent upon the
appropriation of funds to fulfill the requirements of the Agreement by the District. If the District fails to
appropriate sufficient monies to provide for the
continuation of the Agreement, or if appropriations to
the District are reduced and the effect of such reduction is to provide insufficient monies for the continuation of the Agreement, the Agreement shall terminate on the
date of the beginning of the first fiscal year for which funds have not been appropriated. Consultant will only
be entitled to payment for deliverables that have been
satisfactorily completed as of the termination date.
7.6. Upon termination, Consultant shall provide the District with all documents produced maintained or collected
by Consultant pursu ant to this Agreement, whether or
not such documents are final or draft documents.
8. Indemnification. To the furthest extent permitted by California law, Consultant shall defend, indemnify, and hold free and harmless the District, its agents, representative s, officers, consultants, employees, trustees, and volunteers (“the
indemnified parties”) from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, including without limitation the payment of all consequential damages (“Claim”), arising out of, pertaining to or relating to, in whole or in part, the negligence, recklessness, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants, or agents directly or indirectly arising out of, connected with, or resulting from the performance of the Services or from any activity, work, or thing done, permitted, or suffered by the Consultant in conjunction with this Agreement, unless the claims are caused wholly by the sole negligence or willful misconduct of the indemnified parties. The District shall have the right to accept or reject any legal representation that Consultant proposes to defend the indemnified parties.
9. Release. Consultant acknowledges that it is voluntarily and freely entering into this Agreement and deciding to perform the Work which may require Consultant to enter upon and into District’s school sites and premises (“Premises”) and that Consultant’s use of the Premis es includes the possible exposure to and illness from infectious disease including, but not limited to, MSRA, influenza and COVID19 (collectively “Infectious Disease”). Consultant further acknowledges the dangers
involved and with full knowledge of these d angers, voluntarily agrees to assume all risks of bodily injury, death, or property damage, whether those risks are known or unknown. Consultant hereby releases the District, its agents, representatives, officers, consultants, employees, trustees, and volu nteers (the
“indemnified parties”) from any and all liabilities, causes of action, lawsuits, claims, demands, or damages of any kind whatsoever that Consultant, its staff, participants, relatives, children, spouse, partner, household members, family members, employees, guests, invitees, volunteers, agents, subcontractors and any other person tracing exposure or illness to Consultant, now have, or may have in the future, for injury, trauma, illness, loss, unwanted contact, harassment, disability, death or property damages related to being exposed to or contracting an Infectious Disease while on the Premises for the performance of the Work.
10. Student Records.
10.1. Confidentiality. The District, in its sole and
absolute discretion, may choose to provide Consultant
and Consultant’s agents and employees (“Personnel”)
with access to records that are protected from
disclosure by various laws (“Confidential Information”), or may have pr eviously chosen to do so, provided that
access may lawfully be given under applicable law. The District, in its sole and absolute discretion, may, for example, choose to provide Consultant with access to
records that are protected from disclosure by the Family Educational Rights and Privacy Act, 20 U.S.C. § 1232g
(“FERPA”) and 34 C.F.R. part 99 (“FERPA Regulations”),
if Consultant has a legitimate educational interest
pursuant to 34 C.F.R. § 99.31(a)(1)(i)(A). In the event that the District, in its sole a nd absolute discretion, permits Consultant access to Confidential Information,
Consultant and its Personnel shall hold the Confidential Information in trust for the District’s benefit, and shall, in addition to any other obligation imposed by this
Agreement or law, utilize the utmost care at all times to adopt and follow practices and procedures to prevent
the unauthorized disclosure of Confidential
Information.
10.2. Nondisclosure. Should District, in its sole and
absolute discretion, choose to permit Consultant and its Personnel access to Confidential Information, or has
already done so, Consultant acknowledges and agrees
that Consultant and its Personnel shall use the
Confidential Information solely in connection with
performance by Consultant of the Services provided to
the District, and shall not use the Confidential
Information for any other purpose without the prior
written consent of the District. Consultant
acknowledges and agrees that Consultant will not
disclose Confidential Information to any other person or entity without the prior consent of the parent or eligible student, except that Consultant’s Personnel may use
the Confidential Information, but only for the purposes for which the disclosure was made. In no event shall
Consultant or its Personnel disclose or permit the
disclosure of Confidential Information or any files,
compilation, study, report, analysis, or any other work derived from or influenced by the Confidential
Information (“Derivative Product”) to any person that is not a Party to this Agreement without the prior written consent of District. Consultant shall not distribute,
19 RFQ-P/Contract: 2244-26
FSUSD – Independent Contractor Agreement for Professional Services Page 7 disclose, or disseminate any Confidential Information to any person, except that Consultant may disclose
Confidential Information to its Personnel if necessary to perform the Personnel’s function. Disclosure to
Consultant’s Personnel shall be limited to Confidential Information that is necessary to perform Personnel’s
Services and related to the legitimate educational
interest for which the Confidential Information was
disclosed.
10.3. Subpoenas and Judicial Orders.
Notwithstanding any other term of this Agreement,
Consultant may disclose Confidential Information
received from District when required to do so by law,
judicial body, or government agency, provided that it
complies with applicable law. However, if Consultant or its Personnel are served with any subpoena, court
order, or other legal process seeking disclosure of
Confidential Information, Consultant shall provide
District notice of the subpoena, court order, or other legal process within forty -eight (48) hours of receipt or upon a shorter time frame as necessary so that District may exercise any applicable legal rights and remedies.
In no event shall Consultant or its Personnel voluntarily disclose Confidential Information without a subpoena,
court order, or other legal process unless and until
Consultant has given all required notices to the District, parent, and/or eligible student. Consultant agrees and acknowledges that a violation of this paragraph by
Consultant shall be a material breach of this Agreement.
10.4. Breach. If Confidential Information in the
possession of Consultant is accessed without
authorization, or if a system maintained by Consultant
containing Confidential Information is breached,
Consultant shall notify the District in writing without delay. Consultant shall be solely responsible for
compliance with any legally required notifications
resulting from the breach, including notifications to
affected persons, and Consultant shall reimburse the
District for the reasonable cost of any notification the District, in its sole discretion, deems appropriate,
regardless of whether such notification is mandated by
law.
11. Assignment. The obligations of the Consultant pursuant to this Agreement shall not be assigned by the Consultant.
12. Compliance with Laws . Consultant shall observe and comply with all rules and regulations of the governing board of the District and all federal, state, and local laws, ordinances and regulations. Consultant shall give all notices required by any law, ordinance, rule and regulation bearing on conduct of the Services as indicated or specified. If Consultant observes that any of the Services required by this Agreement is at variance with any such laws, ordinance, rules or regula tions, Consultant shall notify the District, in writing, and, at the sole option of the District, any necessary changes to the scope of the Services shall be made and this Agreement shall be appropriately amended in writing, or this Agreement shall be term inated effective upon Consultant’s receipt of a written termination notice from the District. If Consultant performs any work that is in violation of any laws, ordinances, rules or regulations, without first notifying the District of the violation, Consul tant shall bear all costs arising therefrom.
13. Permits/Licenses. Consultant and all Consultant's
employees or agents shall secure and maintain in force such permits and licenses as are required by law in connection with the furnishing of services pursuant to this agreement.
14. Safety and Security. Consultant is responsible for maintaining safety in the performance of this Agreement.
Consultant shall be responsible to ascertain from the District the rules and regulations pertaining to safety, security, and dr iving on school grounds, particularly when children are present.
15. Employment with Public Agency . Consultant, if an
employee of another public agency, agrees that Consultant will not receive salary or remuneration, other than vacation pay, as an employee of another public agency for the actual time in which services are actually being performed pursuant to this Agreement.
16. Anti-Discrimination. It is the policy of the District that in connection with all work performed under Agreements there be no discrimina tion against any employee engaged in the work because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status and therefore the Consultant agrees to comply with applicable Federal and California laws including, but not limited to the California Fair Employment and Housing Act beginning with Government Code Section 12900 and Labor Code Section 1735. In addition, the Consultant agrees to require like compliance by all its subcontractor(s).
17. Workers’ Compensation. Consultant shall comply with the provisions of Labor Code § 3700, et seq., that require every employer to be insured against liability for workers’
compensation or to undertake self-insurance in accordance with the provisions of that code. Consultant shall either being insured against liability to pay compensation by one or more insurers duly authorized to write compensation insurance in this State or by securing from the Director of Industrial Relations a certificate of consent to self -insure, which may be given upon furnishing proof satisfactory to the Director of Industrial Relations of ability to self-insure.
18. Audit. Consultant shall establish and maintain books, records, and systems of account, in accordance with generally accepted accounting principles, reflecting all business operations of Consultant transacted under this Agreement. Consultant shall retain these books, records, and systems of account during the Term of this Agreement and for three (3) years thereafter.
Consultant shall permit the District, its agent, other
representatives, or an independent auditor to audit, examine, and mak e excerpts, copies, and transcripts from all books and records, and to make audit(s) of all billing statements, invoices, records, and other data related to the Services covered by this Agreement. Audit(s) may be performed at any time, provided that the District shall give reasonable prior notice to Consultant and shall conduct audit(s) during Consultant’s normal business hours, unless Consultant otherwise consents.
19. District’s Evaluation of Consultant and Consultant’s 20 RFQ-P/Contract: 2244-26
FSUSD – Independent Contractor Agreement for Professional Services Page 8 Employees and/or Subcontractors . The District may evaluate the Consultant in any manner which is permissible under the law.
The District’s evaluation may include, without limitation:
requesting that District employee(s) evaluate the Consultant and the Consultant’s employees and subcontractors and each of their performance and announced and unannounced observance of Consultant, Consultant’s employee(s), and/or subcontractor(s).
20. Limitation of District Liability. Other than as provided in this Agreement, District’s financial obligations under t his Agreement shall be limited to the payment of the compensation provided in this Agreement. Notwithstanding any other provision of this Agreement, in no event, shall District be liable, regardless of whether any claim is based on contract or tort, for a ny special, consequential, indirect or incidental damages, including, but not limited to, lost profits or revenue, arising out of or in connection with this Agreement for the services performed in connection with this Agreement.
21. Disputes. In the event of a dispute between the parties as to performance of Work, Agreement interpretation, or payment, the Parties shall attempt to resolve the dispute by negotiation and/or mediation, if agreed to by the Parties. Pending resolution of the dispute, Consultant sha ll neither rescind the Agreement nor stop Work.
22. Confidentiality. The Consultant and all Consultant’s agents, personnel, employee(s), and/or subcontractor(s) shall maintain the confidentiality of all information received in the course of performing the Ser vices. This requirement to maintain confidentiality shall extend beyond the termination of this Agreement.
23. Integration/Entire Agreement of Parties . This Agreement constitutes the entire agreement between the Parties and supersedes all prior discussions, negotiations, and agreements, whether oral or written. This Agreement may be amended or modified only by a written instrument executed by both Parties.
24. California Law . This Agreement shall be governed by and the rights, duties and obligations of the Parties shall be determined and enforced in accordance with the laws of the State of California. The Parties further agree that any action or proceeding brought to enforce the terms and conditions of this Agreement shall be maintained in the California co unty in which the District’s administration offices are located.
25. Waiver. The waiver by either party of any breach of any term, covenant, or condition herein contained shall not be deemed to be a waiver of such term, covenant, condition, or any subsequent breach of the same or any other term, covenant, or condition herein contained.
26. Severability. If any term, condition or provision of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions will nevertheless continue in full force and effect, and shall not be affected, impaired or invalidated in any way.
27. Incorporation of Recitals and Exhibits . The Recitals and each exhibit attached hereto are hereby incorporated herein by reference.
28. Drug-Free/Smoke Free Policy. No drugs, alcohol, and/or smoking are allowed at any time in any buildings and/or grounds on District property. No students, staff, visitors, contractors, or subcontractors are to smoke or use drugs or alcohol o n District sites.
29. Conflict of Interest. Consultant shall abide by and be subject to all applicable District policies, regulations, statutes or other laws regarding conflict of interest. Consultant shall not hire any officer or employee of District to pe rform any service by this Agreement. Consultant affirms to the best of his/her/its knowledge, there exists no actual or potential conflict of interest between Consultant’s family, business or financial interest and the services provided under this Agreeme nt, and in the event of change in either private interest or services under this Agreement, any question regarding possible conflict of interest which may arise as a result of such change will be brought to District’s attention in writing. Through its exe cution of this Agreement, Consultant acknowledges that it is familiar with the provisions of Section 1090 et seq. and Section 87100 et seq, of the Government Code of the State of California, and certifies that it does not know of any facts which constitute a violation of said provisions. In the event Consultant receives any information subsequent to execution of this Agreement, which might
constitute a violation of said provisions, Consultant agrees it shall notify District of this information.
30. Agreement Contingent on Governing Board Approval. The District shall not be bound by the terms of this Agreement until it has been formally approved or ratified by the District’s Governing Board, and no payment shall be owed or made to Consultant absent formal approval.
21 RFQ-P/Contract: 2244-26
FSUSD – Independent Contractor Agreement for Professional Services Page 9 EXHIBIT “A”
Scope of Work or Services
If not otherwise set forth in this Agreement, the scope of Work or Services shall be as indicated in this Exhibit “A”; the Pa rties acknowledge and agree that the scope of Work or Services shall not be consist of, incorporate, or include any terms and conditions of Consultant’s proposal for this Agreement.
Consultant to provide services as responded to in RFQ-P #2244-26.
Site/cost breakdown as followed:
Regular School Year (August 13, 2025 - June 5, 2026)
Site
Months
Per
School Monthly Cost Max. # of Students Total Amount
Crescent
Elementary 10
$ 350.00 170 1st - 5th grade students $ 595,000.00 $ 700.00 30 TK-K students $ 210,000.00 Dan O Root
Elementary 10
$ 350.00 170 1st - 5th grade students $ 595,000.00 $ 700.00 30 TK-K students $ 210,000.00
Regular School Total
Cost $ 1,610,000.00
Additional Days Outside of Regular School Year, Between 30-35 days (June 8, 2026 -July 3, 2026) Site
Months
Per
School
(30-35
days) Summer Cost Max. # of Students Total Amount
Crescent
Elementary 1
$ 1,650.00 170 1st - 5th grade students $ 280,500.00 $ 2,750.00 30 TK-K students $ 82,500.00 Dan O Root
Elementary 1
$ 1,650.00 170 1st - 5th grade students $ 280,500.00 $ 2,750.00 30 TK-K students $ 82,500.00
Summer School Total
Cost $ 726,000.00
Total Contract not to exceed $2,336,000.00
All related contract correspondence must reference the applicable contract 2244-26. All invoices sent to Accounts Payable at [email protected] , as services are rendered, must reference the applicable school site/department and purchase order number.
Payment terms are net 30 days after receipt of each invoice and Executed Agreement.
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