City of Vacaville Agenda for the City Council,
Successor Agency to the Redevelopment
Agency, Housing Authority,
Groundwater Sustainability Agency and
Public Financing Authority
Tuesday, June 23, 2026
05:00 PM
Vacaville City Hall Council Chamber
650 Merchant Street
Entrance to the council Chamber is located
in the parking area off of Walnut Avenue
___________________________________________________________________________ The City of Vacaville is committed to providing meeting facilities that are accessible to persons with disabilities.
Council meetings can be viewed live on the City of Vacaville's website at www.cityofvacaville.com (select the link to view the meeting from the Agenda/Minutes page), on the City’s YouTube account, or Cable Channel 26. Comments on agenda items can be emailed to the City Clerk up to 3:30p.m. prior to the meeting by emailing [email protected]. Please include the item number on which you wish to comment. Written comments will be provided to the City Council for consideration before Council action and will be made available to the public for review. Comments received are kept as part of the record of the meeting. In compliance with the Americans with Disabilities Act, if you need special assistance, please contact the City Clerk’s Office at (707) 449-5100.
All items on the agenda can be opened for public comment before final action is taken. After staff has presented the item, the Mayor will open the matter for comments from the public. Items on the Consent Calendar are routine business items that require no discussion and are acted upon in one motion. However, any item on the Consent Calendar can be removed and discussed separately upon request. The item “Business from the Floor” is the time to address the Council on matters that are not on the agenda and are within the Council’s subject matter jurisdiction.
Comments should be kept to a maximum of three minutes per speaker or group spokesperson (per Government Code § 54954.3(a); VMC §2.0.4.130); the Mayor has the discretion to change the time limit to accommodate the meeting schedule and public interest.
Gov. Code § 84308 (Levine Act): Parties to any proceeding involving a license, permit, or other entitlement for use pending before the City Council must disclose any campaign contribution over $500 (aggregated) within the preceding 12 months by the party, their agent, and those required to be aggregated with their contributions under Gov. Code § 82015.5. The disclosure must include the amount contributed and the name(s) of the contributor(s). "Levine Act: Yes" on this agenda indicates that the item is subject to these regulations.
Closed Session
Conference with Legal Council - Existing Litigation
Pursuant to (Government Code § 54956.9(d)(1)) City of Indio et al v. State Water Resources Control Board, Case No. 24CECG04779
Conference with Real Property Negotiator
(Pursuant to Government Code Section 54956.8) Property: 50 Nut Tree Road, APN #s
1. 1.a
1.b
0129240560 (10.08 acres), 0129240310 (2.22 acres), and 0129240320 (1,17 acres) Negotiating Parties: Savita Chaudhary - City Manager - Successor Agency, Executive Director Negotiating Parties: Robb Osborne - Agent Green Acres Nursery and Supply, LLC Under Negotiation: Price and terms of payment
Roll Call for the Regular Meeting
Mayor/Chair John Carli
Vice Mayor/Vice-Chair Michael Silva, District 3
Council/Agency/Authority Member Roy Stockton, District 1 Council/Agency/Authority Member Greg Ritchie, District 2 Council/Agency/Authority Member Sarah Chapman, District 4 Council/Agency/Authority Member Ted Fremouw, District 5 Council/Agency/Authority Member Jeanette Wylie, District 6 Moment of Silence followed by the Pledge of Allegiance
Report out of Closed Session
Approval of Agenda
Reports of the City Council
Update on Recent Attended Boards, Commissions, and Committee Meetings Reports of City Manager
Presentations
Proclamation for Parks and Recreation Month
(Staff Contact: Melody Land, Recreation Manager (707) 449-5657) Proclamation for Real Time Crime Center Week
(Staff Contact: Nikki Bell, Police Services Manager (707) 449-5398) Consent Calendar
Ordinance to Amend Title 12 of the Vacaville Municipal Code (VMC) by Adding Chapter 12.34 Entitled “Entertainment Zones” to Create New Policies, Procedures, and Standards for Establishing and Regulating Entertainment Zones Within the City of Vacaville (Second Reading)
(Staff Contact: Damiere Powell, Associate Planner (707) 449-5515) Individual Action:
By simple motion, adopt the subject ordinance.
Fiscal Impact:
Amount Requested: There are no funds requested for this item.
Funding Source: Community Development Department (2022); Parks and Recreation
2. 3.
4. 5.
6. 6.a
7. 8.
8.a
8.b
9. 9.a
Tuesday, June 23, 2026
Department (Special Events)
Budget Distribution: The budget for any expenses related to this item is included in the Community & Economic Development Department annual operating budget.
Strategic Plan Goal/Initiative:
Goal 2: Strengthen the Local Economy
Goal 3: Protect Vacaville's Quality of Life
Levine Act: No
Resolution to Approve a First Amendment to the Professional Services Agreement with Economic & Planning Systems, Inc., in an Amount Not to Exceed $79,670, to Provide Additional Consultant Services for the Remaining Tasks Associated with Preparing a Comprehensive Update to the City of Vacaville Municipal Service Review (Staff Contact: Albert Enault, Senior Planner (707) 449-5364) Individual Action: By simple motion, adopt the subject resolution.
Fiscal Impact:
Amount Requested: None
Funding Source: Special Revenue Fund East of Leisure Town Growth (2923) Budget Distribution: The budget for this item will be covered by FY 2025-26 operating budget for Community Development Special Review Fund ELTGA, which is separately funded by landowners in the ELTGA
Strategic Plan Goal/Initiative:
Goal 3: Protect Vacaville's Quality of Life
Initiative 3A: Promote Housing for All
Levine Act: Yes
Resolution Adopting the Appropriation Spending Limit for Fiscal Year 2026/27 in Compliance with Article XIIIB of the State Constitution (Staff Contact: Ken Matsumiya, Director of Finance (707) 449-5180) Individual Action: By simple motion, adopt the subject resolution.
Fiscal Impact:
Amount Requested: There are no funds requested for this item.
Funding Source: Not applicable
Budget Distribution: The costs of staff time associated with this item are covered within the existing Finance Department operating budget.
Strategic Plan Goal/Initiative:
Goal 4: Maintain Effective and Efficient Services
Initiative 4A: Ensure Fiscal Sustainability
Levine Act: No
Submittal of the City of Vacaville 2026 Annual Water Supply and Demand Assessment
(Staff Contact: Mindy Boele, Utilities Water Quality Manager (707) 469-6430) Individual Action: Council receives the information.
Fiscal Impact:
Amount Requested: There are no funds requested for this item.
Funding Source: Water Operations and Maintenance Funds (5101)
9.b
9.c
9.d
Tuesday, June 23, 2026
Budget Distribution: The budget for any expenses related to this item is included in the Water Operations and Maintenance annual operating budget.
Strategic Plan Goal/Initiative:
Goal 4: Maintain Effective and Efficient Services
Levine Act: No
Resolution to Award the Well 23 and 24 Drilling Project to the Apparent Low Bidder, Well Industries Inc., and Authorize the Director of Utilities to Execute Said Contract in the Amount of $3,394,402
(Staff Contact: Timothy Hawkins, Utilities Assistant Director (707) 469-6412) Individual Action: By simple motion, adopt the subject resolution.
Fiscal Impact:
Amount Requested: There are no funds requested for this item.
Funding Source: Water - Facilities Rehab (5102)
Budget Distribution: The budget for Well 23 is included in the Capital Improvement Project #860111 Well 23 Chrome 6 Treatment/Improvements (formerly titled Well 16 Chrome 6 Treatment/Misc Imp), and sufficient funding exists in the project account. Funding for Well 24 is included as a new project in the FY 2026/27 Capital Improvement Program Budget. Once the FY 2026/27 CIP Budget is approved and the new project account is established, sufficient funding will be available for Well 24.
Strategic Plan Goal/Initiative:
Goal 4: Maintain Effective and Efficient Services
Initiative 4A: Ensure Fiscal Sustainability
Levine Act: No
Resolution to Contribute to the Capital Purchase of Two (2) Vehicles to Support Continued Transit Service Between Vacaville, Dixon, Davis, and Sacramento Through the Solano Express Route 30 Pilot Program
(Staff Contact: Lori DaMassa, Transit Manager (707) 469-6575) Individual Action: By simple motion, adopt the subject resolution.
Fiscal Impact:
Amount Requested: $484,261
Funding Source: Transportation Development Act (4004) Funds Budget Distribution: The costs for any expenses related to this item are included in annual Transportation Development Act (TDA) funds allocated to the City.
Strategic Plan Goal/Initiative:
Goal 4: Maintain Effective and Efficient Services
Levine Act: No
Resolution to Authorize the City Manager or their Designee to Execute the Third Amendment to the Agreement for the Provision of Fixed-Route, Demand Response, and Paratransit Services Between the City of Vacaville and First Transit, Inc. (Staff Contact: Lori DaMassa, Transit Manager, (707) 469-6575) Individual Action: By simple motion, adopt the subject resolution.
Fiscal Impact:
Amount Requested: $10,480,687.54
9.e
9.f
9.g
Tuesday, June 23, 2026
Year 1 - August 1, 2026 - July 31, 2027 Not-to-Exceed Amount Total: $3,350,170.28 Year 2 - August 1, 2027 - July 31, 2028 Not-to-Exceed Amount Total: $3,484,697.73 Year 3 - August 1, 2028 - July 31, 2029 Not-to-Exceed Amount Total: $3,645,819.53 Funding Source: Transportation Development Act (4004) funds, Federal Transit Administration (4001) funds, and collected passenger fare revenue
Budget Distribution: The costs associated with this item are covered within the existing operating budget for the department.
Strategic Plan Goal/Initiative:
Goal 1: Ensure Public Safety
Levine Act: No
Resolution to Accept Public Improvements for the Montessa Subdivision (Staff Contact: Jacob Smith, Engineering Manager (707) 449-5429) Individual Action: By simple motion, adopt the subject resolution.
Fiscal Impact:
Amount Requested: There are no funds requested for this item.
Funding Source: Land Development (2028)
Budget Distribution: The budget for any expenses related to this item is included in the Public Works - Inspection annual operating budget.
Strategic Plan Goal/Initiative:
Goal 3: Protect Vacaville's Quality of Life
Initiative 3A: Promote Housing for All
Levine Act: Yes
Resolution Authorizing City of Vacaville to Submit an Encampment Resolution Funding (ERF) Program Application to the California Interagency Council on Homelessness
(Staff Contact: Tamara Colden, Director of Housing and Community Services (707) 449-5671) Individual Action: By simple motion, adopt the subject resolution.
Fiscal Impact:
Amount Requested: Not to exceed $975,000
Funding Source: California Interagency Council on Homelessness Encampment Resolution Funding Program
Budget Distribution: If awarded, this item would return to the Council for formal acceptance, budget appropriation and a new fund would be established at that time.
Strategic Plan Goal/Initiative:
Goal 3: Protect Vacaville's Quality of Life
Levine Act: No
Resolution Calling and Providing for a General Municipal Election to Elect City Officers, Determining Charges for Candidates Statements, Requesting the Board of Supervisors of the County of Solano to Consolidate Said General Municipal Election with the General Election to be Held on Tuesday, November 3, 2026, and to Permit the Solano County Registrar of Voters to Render Election Services (Staff Contact: Michelle Thornbrugh, City Clerk (707) 449-5100) Individual Action: By simple motion, adopt the subject resolution.
9.h
9.i
9.j
Tuesday, June 23, 2026
Fiscal Impact:
Amount Requested: There are no funds necessary for the actions recommended.
Funding Source: General Fund
Budget Distribution: The one-time budget will be included in the FY 2026-27 Non-Departmental annual operating budget (1001.01.0101.671).
Strategic Plan Goal/Initiative:
Goal 4: Maintain Efficient and Effective Services
Levine Act: No
Approval of Minutes – Approve the Minutes for the Meeting of June 9, 2026 (Staff Contact: Michelle Thornbrugh, City Clerk (707) 449-5100) Individual Action: By simple motion, approve the minutes.
Fiscal Impact:
Amount Requested: There are no funds requested for this item.
Funding Source: Not applicable
Budget Distribution: The costs of staff time associated with this item are covered within the existing City Clerk's operating budget.
Strategic Plan Goal/Initiative:
Goal 4: Maintain Effective and Efficient Services
Levine Act: No
Approval of Accounts Payable and Payroll Payment of Claims for the Weeks Ending June 5, 2026 ; and June 12, 2026.
(Staff Contact: Ken Matsumiya, Director of Finance (707) 449-5180) Individual Action: By simple motion, approve the item.
Fiscal Impact:
The claims for the period total $9,433,659.82
Amount Requested: Not applicable
Funding Source: Various
Budget Distribution: The costs associated with staff time for this item are fully supported within the Finance Department's operating budget.
Strategic Plan Goal/Initiative:
Goal 4: Maintain Effective and Efficient Services
Levine Act: No
Resolution Approving Four (4) Agreements and Contract Amendments Totaling $1,593,273 Supporting Essential City Operations, Capital Projects, Regulatory Compliance, and Organizational Services
(Staff Contact: GeorgeAnne Meggers-Smtih, Assistant City Manager (707) 449-5651) Individual Action: By simple motion, approve the item.
Fiscal Impact:
Amount Requested: None
Funding Source: Various
Budget Distribution: The costs of staff time associated with this item are covered within the existing City Manager's Department operating budget.
Strategic Plan Goal/Initiative:
9.k
9.l
9.m
Tuesday, June 23, 2026
Goal 1: Organizational Culture
Goal 2: Economic Development
Goal 3: Quality of Life
Goal 4: Public Safety and Infrastructure
Goal 5: Fiscal Health
Levine Act: No
Business from the Floor
This is the time to address the Council with issues that are not on the agenda that are within the Council’s subject matter jurisdiction. With certain exceptions, the City Council may not discuss or take action on items that are not on the agenda. Members of the audience wishing to address a specific agendized item are encouraged to offer their public comment during consideration of that item.
Comment is limited to three minutes per speaker or group spokesperson per Government Code §54954.3(a); VMC §2.04.130.
Public Hearings
Resolution Approving the Issuance by the California Statewide Communities Development Authority of Exempt Facility Bonds for the Vacaville Gables Apartments Located at 131 Gables Avenue
(Staff Contact: Tamara Colden, Director of Housing and Community Services (707) 449-5671) Recommended Action:
By simple motion, adopt the subject resolution.
Fiscal Impact:
Amount Requested: There are no funds requested for this item.
Funding Source: Housing and Community Services
Budget Distribution: The costs of staff time associated with this item are covered within the existing Housing and Community Services annual operating budget.
Strategic Plan Goal/Initiative:
Goal 3: Protect Vacaville's Quality of Life
Initiative 3A: Promote Housing for All
Levine Act: Yes
Resolution to Reaffirm the Vandengate Mitigated Negative Declaration for the First Amendment to the Development Agreement for the Vandengate Subdivision, Located East of Vanden Road and South of Joyce Drive on Assessor Parcel Number 0137-010-140; and Ordinance to Adopt the First Amendment to the Development Agreement between the City of Vacaville and Vanden Cove, LLC, Regarding the Development of Real Property Commonly Referred to as Vandengate, Located East of Vanden Road and South of Joyce Drive on Assessor Parcel Number 0137-010-140. (Staff Contact: Albert Enault, Senior Planner (707) 449-5364) Recommended Action:
By simple motion, adopt the subject resolution.
By title only, introduce the subject ordinance.
Fiscal Impact:
Amount Requested: There are no funds requested for this item.
Funding Source: Community & Economic Development (2022)
10. 11.
11.a
11.b
Tuesday, June 23, 2026
Budget Distribution: The budget for any expenses related to this item is included in the Community and Economic Development annual operating budet.
Strategic Plan Goal/Initiative:
Goal 1: Ensure Public Safety
Goal 2: Strengthen the Local Economy
Initiative 2B: Manage Impacts from Growth
Goal 4: Maintain Effective and Efficient Services
Initiative 4A: Ensure Fiscal Sustainability
Levine Act: Yes
Resolution to Adopt The 2025 Urban Water Management Plan and Water Shortage Contingency Plan
(Staff Contact: Matthew Freese, Engineering Manager (707) 469-4124) Recommended Action: By simple motion, adopt the subject resolution.
Fiscal Impact:
Amount Requested: No funds are requested for this item.
Funding Source: Water Operations and Maintenance Fund (5101) Budget Distribution: The budget for any expenses related to this item is included in the Water Operations and Maintenance annual operating budget.
Strategic Plan Goal/Initiative:
Goal 4: Maintain Effective and Efficient Services
Initiative 4A: Ensure Fiscal Sustainability
Goal 3: Protect Vacaville's Quality of Life
Initiative 3B: Maintain and Enhance Infrastructure
Levine Act: No
Ordinance Imposing a Transactions and Use Tax to be Administered by the California Department of Tax and Fee Administration (First Reading); and Resolution Ordering the Submission to the Qualified Electors of the City at the General Municipal Election to be held on November 3, 2026, a Measure Establishing an Additional One-Cent Sales Tax Providing Approximately Twenty-Eight Million Dollars Annually, Under Local Control with Citizen's Oversight and Annual Audits Including Public Recording, until ended by Voters and Approving the Ordinance to be Submitted to the Voters Pursuant to Revenue and Taxation Code Section 7285.9; Requesting the Solano County Elections Department to Conduct the Election and Requesting Consolidation of the General Municipal Election with the Statewide General Election to be Held on November 3, 2026; Directing the City Attorney to Prepare an Impartial Analysis Concerning Such Measure; Setting Rules for the Filing of Written Arguments Regarding Said City Measure
(Staff Contact: GeorgeAnne Meggers-Smith, Assistant City Manager (707) 449-5651) Recommended Action:
By title only, introduce the subject ordinance and waive reading of the title per Government Code 36934.
By simple motion, adopt the subject resolution.
Fiscal Impact:
Amount Requested: There are no funds requested for this item.
Funding Source: General Fund (1001)
11.c
11.d
Tuesday, June 23, 2026
Budget Distribution: The costs of staff time associated with this item are covered within the existing City Manager's Department operating budget.
Strategic Plan Goal/Initiative:
Goal 1: Ensure Public Safety
Goal 2: Strengthen the Local Economy
Goal 3: Protect Vacaville's Quality of Life
Goal 4: Maintain Effective and Efficient Services
Goal 5: Promote Community Engagement and Increased Equity and Inclusion Levine Act: No
Business
Resolution Adopting the Strategic Plan for Fiscal Years 2027-2029 (July 2026 through June 2029)
(Staff Contact: Rica Guidry, Program Manager (707) 449-5134) Recommended Action: By simple motion, adopt the subject resolution.
Fiscal Impact:
Amount Requested: None
Funding Source: General Fund (1001)
Budget Distribution: The costs of staff time associated with this item are covered within the existing operating budget for the City Manager's Office.
Strategic Plan Goal/Initiative:
Goals listed below reflect the new strategic plan goals for Fiscal Years 2027-29, and future years Goal 1: Organizational Culture
Goal 2: Economic Development
Goal 3: Quality of Life
Goal 4: Public Safety and Infrastructure
Goal 5: Fiscal Health
Levine Act: No
Resolution of the City Council of the City of Vacaville Adopting the City of Vacaville Operating Budget for Fiscal Year 2026-27; and Resolution of the City Council of the City of Vacaville, Acting in its Capacity as Governing Board of the Successor Agency to the Former Redevelopment Agency, Adopting the City of Vacaville Successor Agency Operating Budget for Fiscal Year 2026-27; and Resolution of the City Council of the City of Vacaville Adopting the Fiscal Year 2026-27 City of Vacaville Capital Improvement Program Budget for $39,055,810 and Finding it Consistent with the Capital Improvement Program, General Plan, and Environmental Considerations Report; and Resolution of the City Council of the City of Vacaville Approving the Current Pay Schedule per Government Code Section 20636. (Staff Contact: Ken Matsumiya, Director of Finance (707) 449-5180) Recommended Action: By simple motion, adopt the subject resolutions.
Fiscal Impact:
Amount Requested: Operating = 321,783,247; CIP = $39.055,810; Successor Agency = $5,906,583
Funding Source: Various
Budget Distribution: Various
12. 12.a
12.b
Tuesday, June 23, 2026
Strategic Plan Goal/Initiative:
Goal 4: Maintain Efficient and Effective Services
Initiative 4A: Ensure Fiscal Sustainability
Levine Act: No
Adjournment
All public records relating to an open session item that are not exempt from disclosure pursuant to the Public Records Act and that are distributed to a majority of the City Council will be available for public inspection during normal business hours at the City Administration Counter at City Hall, 650 Merchant Street. The City may charge customary photocopying charges for requested copies of such documents.
This agenda and related materials may also be available on the City's website under Public Meetings and Agendas' subject to our staff's ability to pose the documents prior to the meeting. To view City Council meetings, tune in to cable Channel 26, or log onto the City's website at www.cityofvacaville.com to watch the meeting live or on-demand. If you have any questions, please contact the City Clerk's office at (707) 449-5100.
I declare that the agenda for the Regular Meeting of the City Council/Successor Agency to the Redevelopment Agency/Groundwater Sustainability Agency/Public Financing Authority was posted and available for review by the time and place prescribed by law. ______________________________
Michelle A. Thornbrugh, City Clerk
13. Tuesday, June 23, 2026
CITY OF VACAVILLE
City Council
Staff Report
Meeting Date: June 23, 2026
To: Honorable Mayor and City Council Members
Attention: Savita Chaudhary, City Manager
From: Justen Cole, Utilities Department
(Mindy Boele, Utilities Water Quality Manager (707) 469-6430) Subject: Submittal of the City of Vacaville 2026 Annual Water Supply and Demand Assessment
Actions for Consideration:
This is an informational item summarizing the City of Vacaville’s 2026 Annual Water Supply and Demand Assessment. The California Water Code (CWC) requires the City to update and submit this assessment to the California Department of Water Resources by July 1 annually.
Recommendations:
Council receives the information.
Background:
On June 8, 2021, City Council adopted the 2020 update to the Urban Water Shortage Contingency Plan in compliance with the CWC Section 10632, which requires that every urban water supplier prepare and adopt an Urban Water Shortage Contingency Plan (UWSCP) as part of its Urban Water Management Plan. The UWSCP outlines progressive steps that the City can take to ensure there is sufficient water supply in the event of multiple dry years, local or state declarations, or other water shortage emergencies. You will be presented and asked to adopt the updated 2026 Urban Water Management Plan and Urban Water Shortage Contingency Plan at this same council meeting.
The Urban Water Shortage Contingency Plan requires the Utilities Department to conduct an Annual Water Supply and Demand Assessment (AWSDA) in order to 1) submit an annual report to the Department of Water Resources each July 1, and 2) to determine if a water shortage condition exists, in which event the City may enact one of six water shortage response actions in the UWSCP designed to close the gap between available supply and projected demand.
On January 1, 2025, a new regulation titled “Making Conservation a California Way of Life” went into effect. The regulation is expected to reduce inefficient water use in the urban sector, helping California adapt to climate change consistent with the goals of the Water Supply Strategy (WSS). The WSS outlines a strategy and priority actions to adapt and protect water supplies from the effects of rising temperatures and drier conditions due to climate change. The regulation is a new framework for managing urban water use in California. It requires urban retail water suppliers to annually calculate and comply with an urban water use objective; set Item 9.
commercial, industrial, and institutional (CII) performance measures; and provide periodic progress reports.
On March 24, 2026 City Council approved Municipal Code updates to Chapter 13.20 reflecting the new regulations related to water conservation. The new code allows Vacaville to not be in official stage of drought demanding a certain percentage of reduction, as outlined in the UWSCP, but residents are advised against engaging in activities that result in water waste or irrigation of non-functional or decorative commercial turf, while staff continue to work with our commercial, industrial and institutional customers to implement the upcoming mandatory changes in water use. The code updates also give the City the authority to enforce corrections on water waste users that disregard warning letters from city staff. The water supply values presented in Attachment 1 are based on current water availability and will change in the future when all actions in the Hexavalent Chromium compliance plan are completed and/or if the Bay Delta Plan regulation is made effective.
Discussion:
The 2026 AWSDA assesses projected available water supply, factoring any infrastructure, hydrological or regulatory conditions, plus one dry year. Unrestrained demand (no water conservation measures) considered population growth projections, climate impacts, and any policies impacting the ability to meet future demand. For the assessment year July 1, 2026, through June 30, 2027, the total available water supply from the Solano Project, State Water Project, and City wells is projected to be 9,427 million gallons. The total unrestricted City demand is projected to be 5,131 million gallons. This results in a projected water supply surplus of 4,296 million gallons. With our current conservation restrictions in effect, residents have already reduced water use by 9%, 7% and 3% over the past three years. However, if dry weather conditions were to return, measures taken to reduce water use by an additional 10% would lower demand by an additional projected 513 million gallons, bringing the total projected surplus to 4,809 million gallons. These totals are summarized in the Annual Water Supply and Demand Assessment Tables as shown in Attachment 1.
The tables are required to be submitted via the Electronic Annual Report portal to DWR on or before July 1, 2026, in accordance with Section 10632 of the California Water Code.
Environmental Impact:
This item is exempt from environmental review, under the California Environmental Quality Act (CEQA) Guidelines Section 15061(b)(3), which exempts any project where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.
Fiscal Impact:
Amount Requested: There are no funds requested for this item.
Funding Source: Water Operations and Maintenance Fund (Fund 5101) Budget Distribution: The budget for any expenses related to this item is included in the Water Operations and Maintenance annual operating budget.
Item 9.
Alternatives:
Completion of the AWSDA is a requirement of the State Water Code. This is an informational item therefore no alternative action is submitted or recommended.
Strategic Plan Goal/Initiative:
Goal 4: Maintain Effective and Efficient Services
Levine Act:
No
Attachments:
Attachment 1: Annual Water Supply and Demand Assessment Tables Item 9.
Table 1. Annual Assessment Information
Annual Assessment Information (Required)
Year Covered By This Shortage Report
Start: July 1, 2026
End: June 30, 2027
Supplier's Annual Assessment Planning Cycle
Start Month: July
End Month: June
Data Reporting Interval Used: Monthly
Volume Unit for Reported Supply and Demand:
(Must use the same unit throughout) MG
Water Supplier's Contact Information
Water Supplier's Name: City of Vacaville
Contact Name: Mindy Boele
Contact Title: Water Quality Manager
Street Address: PO Box 220, Elmira CA
ZIP Code: 95625
Phone Number: (707) 469‐6430
Email Address: [email protected]
Supplier's Water Shortage Contingency Plan
WSCP Title City of Vacaville Urban Water Shortage Contingency Plan 2020 Update WSCP Adoption Date 6/8/2021
Attachment 1
Item 9.
Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Total by Water Demand Type
Single Family 329.4 371.7 307.5 344.6 244.6 181.9 156.1 175.5 129.9 135.2 260.9 282.6 2920.1Multi‐Family 77.5 33.8 73.3 31.7 72.3 19.2 56.5 24.0 43.9 13.5 67.9 26.9 540.5Commercial 52.0 17.7 48.0 18.4 48.4 19.0 39.3 11.2 32.1 5.8 46.2 14.9 352.9Industrial 26.1 19.8 27.2 20.8 22.9 15.4 20.1 14.5 18.0 12.7 19.3 15.7 232.5Institutional/Governmental 52.9 37.0 79.0 55.7 48.1 44.5 23.4 17.2 20.2 14.6 44.9 31.8 469.3 Landscape 111.2 97.5 97.9 72.8 44.1 18.4 19.7 9.3 10.4 12.8 52.4 69.1 615.7 0000
649.2 577.4 632.9 544.0 480.4 298.5 315.1 251.7 254.5 194.7 491.6 441.0 5130.9 Projected Water Demands ‐ Volume
3 Total by Month (Potable)
Additional
Description(as needed)
Level of
Treatment
for Non‐
Potable
Supplies
Drop‐down
list
Drop‐down list
May select each use multiple times
These are the only Use Types that will
be recognized by the WUEdata online
submittal tool
(Add additional rows as needed)
Demands Served by Potable Supplies
Item 9.
= From prior tables
= Auto calculated
Water Supply Start Year: 2026 Volumetric Unit Used2: MG Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun
Total by
Water
Supply Type
Surface water (not desal.) NBA (MG) 210.93 210.93 210.93 210.93 210.93 210.93 210.93 210.93 210.93 210.93 210.93 210.93 2531.16 Surface water (not desal.) PSC (MG) 349.27 349.27 349.27 349.27 349.27 349.27 349.27 349.27 349.27 349.27 349.27 349.27 4191.24Groundwater (not desal.) Wells (MG) 225.37 225.37 225.37 225.37 225.37 225.37 225.37 225.37 225.37 225.37 225.37 225.37 2704.44 0000000
785.57 785.57 785.57 785.57 785.57 785.57 785.57 785.57 785.57 785.57 785.57 785.57 9426.84 0 Potable Supplies
Total by Month (Potable)
Table 3: Water Supplies1
Projected Water Supplies ‐ Volume3 Water Quality
Drop‐down
List
Total Right
or Safe
Yield*
(optional)
Additional
Detail on
Water Supply
Drop‐down List
May use each category multiple
times.These are the only water
supply categories that will be
recognized by the WUEdata online
submittal tool
(Add additional rows as needed)
Item 9.
= Auto calculated
= For manual input
Table 4(P): Potable Water Shortage Assessment 1 Start Year: 2026 Volumetric Unit Used 2: MG Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun3 Total
Anticipated Unconstrained Deman 649.2 577.4 632.9 544.0 480.4 298.5 315.1 251.7 254.5 194.7 491.6 441.0 5130.88 Anticipated Total Water Supply 785.6 785.6 785.6 785.6 785.6 785.6 785.6 785.6 785.6 785.6 785.6 785.6 9426.84 Surplus/Shortage w/o WSCP Action 136.4 208.1 152.7 241.6 305.2 487.1 470.5 533.9 531.1 590.9 294.0 344.6 4,296.0 % Surplus/Shortage w/o WSCP Action 21% 36% 24% 44% 64% 163% 149% 212% 209% 304% 60% 78% 84% State Standard Shortage Level 0000000000000
Benefit from WSCP: Supply Augmentation 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 Benefit from WSCP: Demand Reduction 51.0 70.2 58.1 65.2 53.2 32.6 32.9 27.3 20.2 22.3 42.1 40.2 515.3 Revised Surplus/Shortage with WSCP 187.4 278.3 210.8 306.8 358.4 519.7 503.4 561.2 551.3 613.2 336.1 384.8 4811.3 % Revised Surplus/Shortage with WSCP 29% 48% 33% 56% 75% 174% 160% 223% 217% 315% 68% 87% 94% = From prior tables
Planned WSCP Actions1Assessments are based on best available data at time of submitting the report and actual volumes could be different due to many factors.2Units of measure (AF, CCF, MG) must remain consistent.3When optional monthly volumes aren't provided, verify Tables 2 and 3 use the same columns for data entry and are reflected properly in Table 4 and make sure to use those same columns to enter the benefits from Planned WSCP Actions. Please see directions on the shortage balancing exercise in the Table Instructions. If a shortage is projected, the supplier is highly recommended to perform a monthly analysis to more accurately identify the time of shortage.
Item 9.
July 1, 2026 to June 30, 2027
Enter Amount
(Drop‐down
List)
Select % or
Volume Unit
Start Month End Month
0 (No Shortage) Increase Water Waste Patrols Yes 1.5 % July June 0 (No Shortage) Landscape ‐ Limit landscape irrigation to specific days Yes 1 % July June 0 (No Shortage) Landscape ‐ Limit landscape irrigation to specific times Yes 0.5 % July June 0 (No Shortage) Landscape ‐ Restrict or prohibit runoff from landscape irrigation Yes 0.5 % July June 0 (No Shortage) Offer Water Use Surveys Yes 0.5 % July June 0 (No Shortage)
Other ‐ Customers must repair leaks,
breaks, and malfunctions in a timely
manner
Yes 1 % July June
0 (No Shortage) Other ‐ Prohibit use of potable water for washing hard surfaces Yes 0.5 % July June 0 (No Shortage) Other ‐ Require automatic shut of hoses Yes 0.5 % July June 0 (No Shortage) Provide Rebates for Turf Replacement Yes 2 % July June 0 (No Shortage) Provide Rebates for Landscape Irrigation Efficiency Yes 0.5 % July June 0 (No Shortage)
Water Features ‐ Restrict water use for
decorative water features, such as
fountains
Yes 0.5 % July June
0 (No Shortage) Reduce System Water Loss Yes 1 % July June Table 5: Planned Water Shortage Response Actions
Add additional rows as needed
How much is action going to
reduce the shortage gap?
When is shortage response
action anticipated to be
implemented? Is action already being
implemented?
(Y/N)
ACTIONS: Demand Reduction, Supply
Augmentation, and Other Actions.
(Drop‐down List)
These are the only categories that will be
accepted by the WUEdata online submittal
tool. Select those that apply.
Anticipated
Shortage
Level
Drop‐down List of
State Standard
Levels (1 ‐ 6) and
Level 0 (No
Shortage)
Item 9.
95 Table 2 (1) Table 2 (2) Table 3 (1) Table 3 (2) Table 5 (1) Table 5‐ (2) Table 5 (3) Table 5 (4) Table 5 (5) Units Demands NP_Treat_LVL Supplies NP_Quality Shortage_LVL Actions Yes/No % vs. Volume Months AF All Demands Primary Purchased/Imported Water Primary 0 (No Shortage) No Actions Yes % January MG Single Family Secondary Supply from Storage Secondary 1 CII ‐ Commercial kitchens required to use pre‐rinse spray valves No AF February CCF (HCFMulti‐Family Tertiary Groundwater (not desal.) Tertiary 2 CII ‐ Lodging establishment must offer opt out of linen service MG March Commercial Advanced Surface water (not desal.) Advanced 3 CII ‐ Other CII restriction or prohibition CCF (HCF) AprilIndustrial Recycled Water 4 CII ‐ Restaurants may only serve water upon request May Institutional/Governmental Desalinated Groundwater 5 Decrease Line Flushing June Landscape Desalinated Surfacewater 6 Exchanges July
Groundwater recharge Stormwater Use Expand Public Information Campaign August Saline water intrusion barrier Transfers Implement or Modify Drought Rate Structure or Surcharge September Agricultural irrigation Exchanges Improve Customer Billing October Wetlands or wildlife habitat Other Increase Frequency of Meter Reading November Sales to other agencies Increase Water Waste Patrols DecemberTransfers to other agencies Landscape ‐ Limit landscape irrigation to specific days Exchanges to other agencies Landscape ‐ Limit landscape irrigation to specific timesLosses Landscape ‐ Other landscape restriction or prohibitionOther Potable Landscape ‐ Prohibit all landscape irrigation Other Nonpotable Landscape ‐ Prohibit certain types of landscape irrigation Landscape ‐ Restrict or prohibit runoff from landscape irrigationMoratorium or Net Zero Demand Increase on New Connections New Recycled WaterOffer Water Use Surveys
Other ‐ Customers must repair leaks, breaks, and malfunctions in a timely manner Other ‐ Prohibit use of potable water for construction and dust contro Other ‐ Prohibit use of potable water for washing hard surfaces Other ‐ Prohibit vehicle washing except at facilities using recycled or recirculating waterOther ‐ Require automatic shut of hosesOther Actions (describe in Notes at bottom of Table)Other Purchases Other water feature or swimming pool restriction
Pools ‐ Allow filling of swimming pools only when an appropriate cover is in place.Pools and Spas ‐ Require covers for pools and spasProvide Rebates for Landscape Irrigation EfficiencyProvide Rebates for Turf ReplacementProvide Rebates on Plumbing Fixtures and DevicesRain Seeding Reduce System Water Loss
Stored Emergency Supply
TransfersWater Features ‐ Restrict water use for decorative water features, such as fountains Item 9.
CITY OF VACAVILLE
City Council
Staff Report
Meeting Date: June 23, 2026
To: Honorable Mayor and City Council Members
Attention: Savita Chaudhary, City Manager
From: Erin Morris, Community & Economic Development Director (Damiere Powell, Associate Planner (707) 449-5515)
Subject: Ordinance of the City Council of the City of Vacaville to Amend Title 12 of the Vacaville Municipal Code (VMC) by Adding Chapter 12.34 Entitled “Entertainment Zones” to Create New Policies, Procedures, and Standards for Establishing and Regulating Entertainment Zones Within the City of Vacaville (Second Reading)
Actions for Consideration:
The City Council will consider a second reading and adoption of the ordinance to amend Title 12 of the Vacaville Municipal Code (VMC) by adding Chapter 12.34 entitled “Entertainment Zones” to create new policies, procedures, and standards for establishing and regulating entertainment zones within the City of Vacaville.
Recommendations:
By simple motion, adopt the subject ordinance.
Background:
In 2024, the State of California passed Senate Bill 969, authorizing cities to establish “Entertainment Zones,” which are zones created by a city or county ordinance on or after January 1, 2025, to allow for the consumption of one or more types of alcoholic beverages on public streets, sidewalks, or public rights-of-way within the entertainment zone’s designated boundary.
Licensed bars, restaurants, breweries, and wineries are also authorized to sell alcoholic beverages for outdoor consumption within the zone boundary. Before enacting an ordinance to establish or modify an entertainment zone, the bill requires the City to notify local law enforcement and request feedback about specific information, including the entertainment zone’s proposed boundaries and days and hours of operation.
On January 13, 2026, the City Council held a study session regarding Entertainment Zones and parklet programs and directed staff to proceed with an initiative to develop these programs for Vacaville. The goals of these programs are to achieve the following:
Item 9.a
• Activate Main Street and prominent public spaces in Downtown Vacaville, such as the Town Square
• Increase revenue generated for restaurants, bars, and other establishments • Catalyze broader economic stimulus in the City of Vacaville • Create vibrant public spaces
• Increase social activity
• Enhance community culture with new or enhanced entertainment, activities, design of spaces, and events
Throughout 2026, Staff prepared a draft ordinance and management plan for the Main Street Entertainment Zone. Staff incorporated best practices from other jurisdictions, prepared an assessment of local conditions, received feedback from the community, received feedback from the Planning Commission, and held a study session with the City Council. On June 9, 2026, the City Council held a public hearing to consider the draft ordinance, where the Council affirmed that the proposed Entertainment Zone Ordinance is categorically exempt from the provisions of the California Environmental Quality Act (CEQA), and introduced an ordinance to amend Title 12 of the City of Vacaville Municipal Code by adopting a Zoning Text Amendment for regulating Entertainment Zones in the City of Vacaville.
Furthermore, if an entertainment zone is implemented for CreekWalk, the Parks and Recreation Department would require either the event sponsor to cover the additional security costs, or return to the City Council at a later date for additional budget consideration.
The Parks and Recreation Department currently hires security for the CreekWalk Concert Series.
Expanding to an entertainment zone is expected to increase both the physical area where alcohol is consumed and the number of attendees consuming alcohol. To manage this, the department is proposing additional security services costing $1,348 per concert, bringing the total increase in security costs for the CreekWalk Concert Series, including entertainment zone operations, up to $9,435 per year. This increase is necessary to enforce boundaries, address public nuisances, and ensure that City staff under age 18 who assist with the event do not interact with intoxicated attendees.
There are also concerns about competition with the existing alcohol vendor for CreekWalk.
Additional competition may discourage vendor participation, which could reduce vendor fee revenue for the City. For the pilot program, CreekWalk vendors would also be required to use different cups and wristbands than businesses participating in the entertainment zone, since event rules prohibit alcohol purchased from vendors from being brought onto Main Street.
Discussion:
Pursuant to California Government Code Section 36934, ordinances shall not be passed within five days of their introduction; therefore, a second reading is required. Second readings may be placed on the consent calendar at the discretion of the City Manager in accordance with VMC Section 2.04.100. Any councilmember may, by simple request, have a consent calendar item Item 9.a
brought before the Council for a separate vote. Ordinances passed at a second reading shall take effect 30 days after their final passage. Staff is recommending approval of the second reading for the proposed ordinance.
Environmental Impact:
The ordinance is exempt (Common Sense Exemption) from the provisions of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061 (b) (3) since there is no possibility that the addition of regulations for Entertainment Zones to the Vacaville Municipal Code may have a significant effect on the environment.
Fiscal Impact:
While no additional funds are being requested at this time, since this action represents only the initial step in implementing the new ordinance, once the program is adopted and operational, any need for additional security would require one of two actions: the Parks and Recreation Department would either return to the Council for additional budget authorization consideration, or the increased security costs would need to be covered by the sponsoring organization.
Amount Requested: None
Funding Source: Community Development Department (2022); Parks and Recreation Department (Special Events)
Budget Distribution: The budget for any expenses related to this item is included in the Community & Economic Development Department annual operating budget.
Alternatives:
The Council may choose not to conduct a second reading of the ordinance. This action is not recommended, as it would not implement the City Council’s previous action to proceed on June 9, 2026.
Strategic Plan Goal/Initiative:
Goal 2: Strengthen the Local Economy
Goal 3: Protect Vacaville’s Quality of Life
Levine Act:
No
Attachments:
Ordinance – Action Item
Exhibit A – Zoning Text Amendment Findings of Fact
Exhibit B – Zoning Text Amendment
Item 9.a
CITY OF VACAVILLE
ORDINANCE NO.
Ordinance of the City of Vacaville City Council to amend Title 12 of the City of Vacaville Municipal Code by adding Chapter 12.34 Entitled Entertainment Zones, to Create New Policies, Procedures, and Standards for Regulating Entertainment Zones in the City of Vacaville
Whereas, in 2024, the State of California passed Senate Bill 969, authorizing cities to establish “entertainment zones,” which are zones created by a city or county ordinance on or after January 1, 2025, to allow for the sale of alcoholic beverages for consumption on public streets, sidewalks, or public rights-of-way within the entertainment zone’s designated boundary; and Whereas, the adoption of an Entertainment Zone Ordinance would allow businesses to sell alcohol to patrons for outdoor consumption during specified events and times, which would provide an economic stimulus and contribute to public activity in Vacaville; and Whereas, on January 13, 2026, the City Council held a study session regarding entertainment zones and directed staff to proceed with an initiative to develop an ordinance and management plan, and
Whereas, the City of Vacaville has prepared a draft ordinance to establish policies, procedures and standards for regulating entertainment zones within city limits, and has provided opportunity for public comments during community meetings and study sessions with the Vacaville City Council and Planning Commission; and
Whereas, pursuant to Section 15061(b)(3) of the California Environmental Quality Act (CEQA), the City of Vacaville Community Development Department has determined that the project is exempt from additional environmental review because it can be seen with certainty that there is no possibility that a project will have a significant effect on the environment; and Whereas, the Planning Commission held a duly noticed public hearing on May 19, 2026, to consider the proposed Entertainment Zone Ordinance, where they received testimony from City staff and all interested persons regarding the draft ordinance; and Whereas, the Planning Commission voted 7-0 to recommend that the City Council affirm the Entertainment Zone Ordinance is exempt from environmental review pursuant to CEQA Section 15061(b)(3), and adopt the Zoning Text Amendments for the Entertainment Zone Ordinance, based on the Findings of Fact as shown in Exhibit A; and Whereas, the City Council held a duly noticed public hearing on June 9, 2026, to consider the proposed environmental determination and Entertainment Zone Ordinance, where they received testimony from City staff and all interested persons regarding the proposed project, and also considered testimony and evidence submitted at the Planning Commission hearing; and
Item 9.a
CITY OF VACAVILLE
Whereas, the City Council has considered the Entertainment Zone Ordinance and all potential impacts to the environment, and concluded the Zoning Text Amendments are exempt from environmental review in accordance with CEQA Section 15061(b)(3) because it can be seen with certainty that there is no possibility that the text amendments will have a significant effect on the environment, which is hereby referenced as City Council Resolution No. 2026-089.
Now, therefore the City Council of the City of Vacaville does ordain as follows:
Section One: The City Council hereby finds that the facts set forth in the recitals to this Ordinance are true and correct and establish the factual basis for the City Council’s adoption of this Ordinance.
Section Two: Based on the entire record for the Entertainment Zone Ordinance, the City Council hereby finds that the amendment to the Vacaville Municipal Code meets the findings and supporting facts and evidence are set forth in detail in the Findings of Fact document attached hereto as Exhibit A, which is hereby incorporated by this reference into this Ordinance as if fully set forth herein.
Section Three: The City Council hereby approves and adopts the proposed amendments to the Vacaville Municipal Code as set forth in Exhibit B hereto, such zoning amendments being approved in accordance with Vacaville Municipal Code Chapter 14.09.020.
Section Four: If any section, subsection, phrase, or clause of this ordinance is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance and each section, subsection, phrase or clause thereof irrespective of the fact that any one or more section, subsection, phrases or clauses be declared unconstitutional.
I hereby certify that this ordinance was introduced at a regular meeting of the City Council of the City of Vacaville, held on June 9, 2026, and adopted and passed at a regular meeting of the City Council of the City of Vacaville held on June 23, 2026, by the following vote:
Ayes:
Noes:
Absent:
Attest:
_____________________________
Michelle A. Thornbrugh, City Clerk
Approved:
_____________________________
John Carli, Mayor
Item 9.a
Date: _________________________
Item 9.a
EXHIBIT A TO ORDINANCE NO. _______
ENTERTAINMENT ZONE ORDINANCE
Zoning Text Amendments Findings of Fact
Citywide Ordinance
Categorical Exemption and Zoning Text Amendment
File No. 26-036
Code sections referenced below are from the California Environmental Quality Act (CEQA) guidelines or the Vacaville Land Use and Development Code (LUDC) unless otherwise specified.
SUMMARY OF EVIDENCE
The decision-maker bases its decision on the following information: (1) the project application, including attachments and related studies; (2) the staff reports, City files, records and other documents prepared for and/or submitted to the City relating to the environmental review and the project itself; (3) the evidence, facts, findings and other determinations set forth in this resolution; (4) the Vacaville General Plan, the LUDC and other applicable plans, codes and resolutions of the City of Vacaville; (5) all documentary and oral evidence received at public workshops, meetings, and hearings or submitted to the City during the comment period relating to the project or the environmental review; (6) the minutes and recordings of the public hearings; and (7) all other matters of common knowledge to the to the City, including, but not limited to, City, state, and federal laws, policies, rules, regulations, reports, records and projections related to development within the City and its surrounding areas.
ZONING TEXT AMENDMENTS
LUDC 14.09.020.070 Findings Required for Approval
The City Council, when approving an ordinance amendment, shall adopt findings of fact.
A. These findings shall include, but not be limited to, the following:
1. That the proposed amendment is internally consistent with the goals, objectives, and policies of the General Plan, the Zoning Ordinance, and the Development Code; Finding: The project meets this finding, because: (1) the Community Development Department is processing an amendment to the Municipal Code in accordance with Chapter 14.09.020 of the Vacaville Municipal Code; (2) the City has provided notification and public hearings to discuss the proposed ordinance text amendments (Policy LUP7.1); (3) the City used traditional and new media tools for communicating with the public, by placing a display advertisement of at least one-eighth of a page in at least one newspaper in the Vacaville Report, at least 10 calendar days prior to the hearing, and publishing information on the City’s website (Policy LU-P7.2); (4) the project is consistent with the City’s Zoning Ordinance because notification of public hearings was published on the City’s website, in the local newspaper, and interested groups were notified by email; and (5) public hearings were held for the proposed amendments.
Item 9.a
2. That the proposed amendment would not be detrimental to the public health, safety, or welfare of the community;
Finding: The project meets this finding, because: (1) the ordinance amendments are consistent with the City’s General Plan; and (2) the regulations and procedures established in the ordinance ensure the safe consumption of alcohol in outdoor public spaces in accordance with State legislation.
3. That the proposed amendment would maintain the appropriate balance of land uses within the City;
Finding: The project meets this finding because the ordinance text amendments will not introduce any new land uses or change any permitted or conditional permitted uses in the Land Use and Development Code for existing zoning districts.
4. That the anticipated land uses on the subject site would be compatible with existing and future surrounding uses;
Finding: The project meets this finding because the ordinance amendments do not include any specific projects or approvals.
5. That the potential impacts to the City’s inventory of residential lands have been considered;
Finding: The project meets this finding because: (1) the ordinance text amendments will not restrict any existing or future residential development; and (2) the amendments will not introduce any changes to permitted or conditionally permitted land uses in the Land Use and Development Code.
6. That the proposed amendment is consistent with any development-related application that is processed and approved concurrently with the amendment application.
Finding: The project meets this finding because there are no other development applications included with the proposed ordinance text amendments.
Zoning Text and Specific Plan Amendments Conclusion
Based on the facts and findings above, the zoning text amendment meets the required findings.
Item 9.a
EXHIBIT B TO ORDINANCE NO. _______
ENTERTAINMENT ZONE ORDINANCE
Draft Ordinance Language
Citywide Ordinance
Categorical Exemption and Zoning Text Amendment
File No. 26-036
Chapter 12.34 Entertainment Zones
12.34.010 Definitions
12.34.020 Entertainment zone controls
12.34.030 Implementation
12.34.040 Entertainment zone locations
12.34.050 Hours of an entertainment zone event
12.34.060 Entertainment zone insurance and indemnity requirements
12.34.070 Violation - Penalty
12.34.080 Biennial Review
12.34.010 Definitions
The following definitions apply in this chapter:
"ABC" means the California Department of Alcoholic Beverage Control. "Alcoholic beverage" has the same meaning as in California Business and Professions Code section 23004.
"City manager" means the city manager or designee.
"Entertainment zone" has the same meaning as in California Business and Professions Code section 23039.5.
"Entertainment zone event" means an event during which the consumption of one or more types of alcoholic beverages is authorized on public streets, sidewalks, or public rights-of-way within the boundaries of an entertainment zone established in accordance with this chapter. "Management plan" means a plan approved by the city manager for the management and regulation of the entertainment zone.
"Open container" means any bottle, can, glass, jug, box, or other receptacle that is open or has been opened and contains any alcoholic beverage.
12.34.020 Entertainment zone controls
A. No person shall conduct an entertainment zone event without obtaining a special event permit.
Item 9.a
B. The issuance of a special event permit for an entertainment zone event does not excuse a person selling alcoholic beverages from complying with all applicable state and local laws and regulations, including the following:
1. ABC license and permitting requirements;
2. California Business and Professions Code sections 23357, 23358, and 23396;
3. All other laws governing the sale and consumption of alcoholic beverages; C. A person may possess an open container and consume an alcoholic beverage on any public street, sidewalk, or public right-of-way within an entertainment zone during an entertainment zone event if the open container or alcoholic beverage was purchased from either:
1. A premises that is authorized to permit consumers to leave the premises with open containers for consumption off the premises within an entertainment zone, pursuant to California Business and Professions Code sections 23357, 23358, or 23396; or
2. A person who is authorized by an ABC special event permit or license to sell alcoholic beverages within the entertainment zone.
12.34.030 Implementation
A. The city manager has the authority to issue administrative policies for the implementation of this chapter.
B. The city manager shall not issue a special event permit authorizing an entertainment zone event in an entertainment zone before doing the following:
1. Issuing a management plan that:
a. Establishes a process or procedure to readily identify individuals in possession of alcoholic beverages within the entertainment zone as being 21 years of age or older;
b. Requires any person seeking a city permit for an entertainment zone event to comply with the applicable insurance requirements, rules, and regulations; and c. Imposes requirements not otherwise imposed by state or local law, including additional requirements for permissible beverage containers, additional restrictions on the hours of operation for entertainment zone events, and other restrictions on time, place, and manner.
Item 9.a
2. Transmitting a copy of the management plan to ABC.
3. In consultation with the police department, provide the following information to ABC, pursuant to California Business and Professions Code section 25690, subdivision (b):
a. A copy of the ordinance establishing or modifying the entertainment zone; b. Information necessary to identify the boundaries of the entertainment zone; c. The days and hours of operation of the entertainment zone; d. The types of alcoholic beverages allowed within the entertainment zone; and e. The approved non-glass and non-metal containers in which alcoholic beverages may be possessed.
C. Any holder of an ABC license or permit that wishes to allow customers to leave the premises with open containers for consumption off the premises during an entertainment zone event shall provide to the city manager a copy of the notice required under California Business and Professions Code sections 23357, 23358, or 23396, as applicable. The notice shall be provided to the city manager at the same time the notice is provided to ABC.
12.34.040 Entertainment zone locations
Pursuant to California Business and Professions Code sections 23039.5 and 25690, the city council hereby establishes the following entertainment zones.
A. Main Street Entertainment Zone
All public streets, sidewalks, and public rights-of-way on Main Street from Parker Street to Davis Street, a portion of Merchant Street from Parker Street to Main Street, a portion of Andrews Park, and the Town Square.
12.34.050 Hours of an entertainment zone event
An entertainment zone event may only occur between the hours of 10:00 a.m. and 10:00 p.m., subject to any additional limitations imposed by any of the following:
A. ABC permit or license;
B. The management plan; or
C. The special event permit for the entertainment zone event.
12.34.060 Entertainment zone insurance and indemnity requirements Item 9.a
A. Prior to issuance of a special event permit for an entertainment zone event, the permit applicant or sponsoring organization, if different than the applicant, shall submit evidence of general liability insurance coverage, which must be at no cost to the city, and which must comply with all of the following:
1. Coverage must be at least as broad as ISO CGL Form 00 01 and provided on an occurrence basis for bodily injury, including death, of one or more persons, property damage, and personal injury;
2. The policy limit per occurrence must be in an amount as determined by the city's risk management;
3. The policy must cover all losses and damages as specified in subsection C of this section;
4. The policy must be endorsed to provide that the city, its officers, employees, and agents are named as additional insureds;
5. The policy must be endorsed to stipulate that the policy will operate as primary insurance and that no other insurance covering the city or other named insured will be called on to contribute to a covered loss; and
6. The policy must include a liquor liability endorsement.
B. No person shall conduct an entertainment zone event without the insurance required by this section being in full force and effect.
C. The special event permittee shall defend, indemnify, and hold harmless the city, its officers, employees, and agents from and against all actions, losses, damages, liability, costs, and expenses of every type and description, including attorneys' fees, arising directly or indirectly, in whole or in part, from the acts or omissions of the permittee or its officers, employees, or agents.
12.34.070 Violations and Penalties
A. In addition to any other remedy allowed by law, any person who violates a provision of this chapter is subject to criminal sanctions, civil actions, and administrative penalties pursuant to Chapter 1.20.
B. Violations of this chapter are hereby declared to be a public nuisance.
C. Any person who violates a provision of this chapter is liable for civil penalties of not less than $250 or more than $25,000 for each day the violation continues.
Item 9.a
D. All remedies prescribed under this chapter are cumulative, and the election of one or more remedies does not bar the city from the pursuit of any other remedy to enforce this chapter.
12.34.080 Biennial Review
Every two years, the city manager shall review the operation of each entertainment zone to ensure that each zone is being maintained in a manner that protects the health and safety of the general public. This review shall be conducted in consultation with the police department. The city manager shall present the findings to the city council, and any reports produced during the review shall be made available to ABC upon request.
Item 9.a
CITY OF VACAVILLE
City Council
Staff Report
Meeting Date: June 23, 2026
To: Honorable Mayor and City Council Members
Attention: Savita Chaudhary, City Manager
From: Erin Morris, Community & Economic Development Director (Staff Contact: Albert Enault, Senior Planner (707) 449-5364) Subject: Resolution of the City Council of the City of Vacaville to Approve a First Amendment to the Professional Services
Agreement with Economic & Planning Systems, Inc., in an Amount Not to Exceed $79,670, to Provide Additional
Consultant Services for the Remaining Tasks Associated with Preparing a Comprehensive Update to the City of Vacaville Municipal Service Review
Actions for Consideration:
The City Council will consider a resolution approving a first amendment to a professional services contract with Economic & Planning Services, Inc. (EPS) to address comments from the Solano Local Agency Formation Commission (LAFCO) on the City’s draft Municipal Service Review (MSR) document.
Recommendations:
By simple motion, adopt the subject resolution.
Background:
On March 11, 2025, the City Council authorized a contract with EPS, in an amount not to exceed $121,935, for the preparation of a comprehensive update to the City’s MSR document. EPS was selected due to the firm’s substantial regional experience with preparing the technical information required for the MSR document. The cost for this contract was paid from the General Plan Cost Recovery Fund, which was adopted on September 13, 2016 (Reso. No. 2016-078) in accordance with General Plan Action LU-A6.1 to repay the interdepartmental loan for the cost of the General Plan Update, and fund various implementation tasks required by the General Plan, including the MSR update.
After the contract was authorized, staff facilitated a kickoff meeting on April 10, 2025, between the City, EPS, and Solano LAFCO to discuss the scope of work, public outreach process, and the proposed analytical approach for the document. Following this meeting, the City and EPS began Item 9.b
work on preparing the preliminary document format to be consistent with the relevant legal requirements, set forth in the Cortese Knox Hertzberg (CKH) Act.
On June 10, 2025, staff facilitated another meeting between the City, EPS, and Solano LAFCO to share the proposed document format and discuss next steps for the project, including ongoing research and interdepartmental interviews to gather information on existing municipal services.
During this meeting, Solano LAFCO staff expressed general support for the draft format and provided feedback to City staff. Following this meeting, staff and EPS continued efforts to prepare the draft MSR document and on January 8, 2026, a working draft document was forwarded to Solano LAFCO for their review and consideration.
On February 17, 2026, the City received LAFCO’s response which included approximately 350 comments throughout the document that primarily focused on formatting changes and requests for substantially more information as compared to previous accepted MSR documents. On February 18, 2026, staff facilitated a meeting with LAFCO staff to discuss the comments and next steps. Staff determined the scale and magnitude of revisions required to address LAFCO’s comments would require City Council discussion and authorization to proceed because the revisions would require another budget augmentation for additional funding.
On March 10, 2026, the City Council received a status update on the City’s progress on preparing a comprehensive update to the MSR. During the meeting, staff presented a summary of LAFCO’s comments, and the LAFCO Executive Officer answered questions during the public comment period. At the conclusion of the meeting, the City Council authorized City staff to initiate proceedings to address LAFCO’s comments but expressed a desire for flexibility from Solano LAFCO staff. LAFCO’s Executive Officer acknowledged that both parties need to collaborate and work together to complete the project. In addition, the City Council directed staff to work with Solano County to develop an agreement or memorandum of understanding (MOU) to identify their collective planned approach for unincorporated properties located within the Vacaville SOI boundary.
Post City Council Meeting Progress
Following the City Council meeting, staff met with LAFCO on March 16, 2026, to discuss next steps for revising the MSR document. Because the MSR is a critical component of the development review process for the East of Leisure Town Growth Area (ELTGA) Specific Plan, staff also met with the ELTGA Developer Team to discuss alternative funding sources for this upcoming scope of work (SOW) with EPS. Upon confirming the ELTGA Developer Team as a potential funding source, the City facilitated a group meeting with LAFCO, EPS, City staff, and the ELTGA Developer Team on April 30, 2026. Following this meeting, EPS prepared a revised SOW that was reviewed and circulated with LAFCO and the ELTGA Developer Team, which culminated in another group meeting on May 19, 2026. During the meeting, the group discussed the revised SOW and worked towards a set of final revisions to capture all anticipated meetings and changes to the MSR document based on recommendations by LAFCO staff. EPS prepared a final SOW, which is included as Attachment 2, and discussed in more detail below.
Item 9.b
Discussion:
On May 22, 2026, the City received the final version of an updated SOW from EPS to address LAFCO’s comments, which included facilitating meetings with LAFCO and other City departments (Attachment 2). The SOW estimates project completion within approximately 4 months from engagement (July-October 2026), with biweekly coordination meetings involving LAFCO staff and the ELTGA Developer Team, at an additional cost of $79,670. Funding for this initiative would be provided through the City’s existing funding agreement between the City of Vacaville and ELTGA Developer Team. Because the original contract was reviewed and approved by City Council, staff is bringing the proposed amendment to the City Council for review and approval to ensure continued transparency and to provide a status update on the project. Staff is recommending that the City Council authorize the City Manager, or designee, to execute an amendment to the contract with EPS to address LAFCO’s comments on the draft MSR document.
Environmental Impact:
This proposed resolution has been reviewed with respect to the applicability of the California Environmental Quality Act ("CEQA") and the State CEQA Guidelines (California Code of Regulations, Title 14, Sections 15000 et seq.). The resolution is not a project under CEQA Guidelines Section 15378 because it involves administrative activities that will not result in direct or indirect physical changes in the environment.
Fiscal Impact:
The proposed contract amendment is not to exceed the amount of $79,670. The costs associated with this amendment will be paid by the Developer Team for the ELTGA through an existing funding agreement with the City. There will be no impact on the General Fund.
Amount Requested: None.
Funding Source: Special Revenue Fund East of Leisure Town Growth (2923) Budget Distribution: The budget for this item will be covered by the FY 2025-26 operating budget for Community Development Special Revenue Fund ELTGA, which is separately funded by the landowners in the ELTGA.
Alternatives:
The Council could choose not to amend the contract. This action is not recommended because a comprehensive update is required for compliance with state law.
Strategic Plan Goal/Initiative:
Goal 3: Protect Vacaville’s Quality of Life
Initiative 3A: Promote Housing for All
Item 9.b
Levine Act:
Yes
Attachments:
Resolution – Action Item
Attachment 1: Location Map
Attachment 2: Revised Scope of Work from EPS
Attachment 3: Levine Act Disclosure Form
Item 9.b
CITY OF VACAVILLE
RESOLUTION NO. 2026-
Resolution of the City Council of the City of Vacaville to approve a first amendment to the Professional Services Agreement with Economic & Planning Systems, Inc., in an amount not to exceed $79,670, to provide additional consultant services for the remaining tasks associated with preparing a comprehensive update to the City of Vacaville Municipal Service Review
Whereas, on March 25, 2008, the City Council of the City of Vacaville adopted Resolution No. 2008-31, establishing the City of Vacaville Urban Growth Boundary (UGB) Initiative, which prohibited new Vacaville General Plan designations outside of the growth boundary until March 1, 2028, and identified Area B as a potential growth area for future planning and development.
Area B is also commonly referred to as East of Leisure Town Road Growth Area (ELTGA) and Northeast Growth Area (NEGA); and
Whereas, on August 11, 2015, the City Council of the City of Vacaville certified the General Plan Final Environmental Impact Report (FEIR) (SCH#2011022043) and adopted a comprehensive update to the Vacaville General Plan, which identified potential new growth beyond the Vacaville City limits but not extending beyond the UGB; and Whereas, on March 14, 2017, the City Council reviewed a comprehensive update to the Vacaville Municipal Services Review (MSR) and Sphere of Influence (SOI), to be consistent with the 2015 General Plan, and directed staff to submit an application to the Solano Local Agency Formation Commission (LAFCO) for review and approval (Resolution No. 2017-025); and Whereas, on May 8, 2017, the Solano LAFCO held a public hearing to consider the 2017 MSR/SOI update and voted 5-0-1 to amend and update the City of Vacaville SOI (Resolution No. 17-08); and
Whereas, the Solano LAFCO is required to review and update the Vacaville Sphere of Influence (SOI) every five years, as necessary, as prescribed by Government Code (GC) §56425 of the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000; and Whereas, the City Council has directed staff to prepare a Specific Plan for the East of Leisure Town Growth Area (ELTGA), which is comprised of 1,317 acres, of which 669 acres are within Vacaville City Limits and 648 acres are within unincorporated Solano County but located within the Vacaville UGB and SOI. The Specific Plan preparation is proceeding as set forth in a variety of policies to guide a development review process for the area, including Policy LU-P19.5, which specifically requires a Specific Plan(s) to be prepared for the area; and Whereas, the City Council desires to prepare a comprehensive update to the City’s MSR and SOI to ensure consistency with the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000 and address future growth in the identified growth areas; and Item 9.b
Whereas, on January 22, 2025, the City received a Scope of Work (SOW) from Economic & Planning Systems, Inc. (EPS) that was reviewed by City staff, the development community, and LAFCO staff, and City staff concluded EPS has the qualified staff and experience necessary to support City staff in preparing a comprehensive update to the MSR/SOI; and Whereas, on March 11, 2025, the City Council adopted Resolution No. 2025-025 authorizing the City Manager or designee to execute a Professional Services Agreement and a budget augmentation with EPS in an amount not to exceed $121,935, for the preparation of a comprehensive update to the City of Vacaville MSR and SOI; authorizing staff to submit an application to LAFCO with funds totaling $32,800; and authorizing staff to take other such actions as are reasonably necessary to finalize or effectuate said agreement; and Whereas, on February 17, 2026, LAFCO provided the City of Vacaville with their initial review and comments on a working draft of the MSR document, which informed the City of Vacaville that additional work beyond the previous SOW would be required to complete the project; and
Whereas, on March 10, 2026, the City Council received an update from staff on the status of the project and provided direction to City staff to continue working with LAFCO to achieve a compliant MSR document; and
Whereas, the Developer Team (i.e., Rayson’s-Chen, Donaldson-Ramos, and A&P Children Investments) for the East of Leisure Town Growth Area (ELTGA) Specific Plan have the greatest potential to benefit from the MSR document, which is required to ensure orderly growth within the City’s SOI boundary, and therefore, the City of Vacaville approached the ELTGA Developer Team to solicit additional funding for completing the remaining work for the MSR document; and
Whereas, on May 22, 2026, the City received a revised SOW from EPS outlining all anticipated tasks necessary to complete the remaining work for the MSR document, which was reviewed and mutually agreed upon by the ELTGA Developer Team, LAFCO, and City of Vacaville.
Now therefore be it resolved that the City Council of the City of Vacaville does hereby authorize the City Manager or designee to execute an amendment to the existing Professional Services Agreement with EPS to provide a budget augmentation in an amount not to exceed $79,760 for the remaining work to be completed on the City of Vacaville MSR update effort, and to take other such actions as are reasonably necessary to finalize or effectuate said agreement.
I hereby certify that the foregoing resolution was introduced and passed at a regular meeting of the City Council of the City of Vacaville, held on the 23rd day of June 2026, by the following vote:
Ayes:
Noes:
Item 9.b
Absent:
Attest:
___________________________________
Michelle A. Thornbrugh, City Clerk
Item 9.b
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Peabody Rd
Alamo Dr
Lagoon Valley Rd
Burton Dr
Merchant St
W Monte Vista Av
Foxboro Pkwy
Farrell Rd
Harbison Dr
Browns Valley Pkwy
Elmira Rd
North Village Pkwy
Ulatis Dr
Alamo Dr
Nut Tree Rd
%&'(505
Allison Dr
E
Mon teVistaAv
Orange Dr
VacaValley Pkwy
Hawkins Rd
%&'(80
Leisure Town Rd
Source: City of Vacaville
Boundaries
Orchard Ave
at Fruitvale Rd
Proposed
Roberts' Ranch
Residential Development
Brighton Landing
City Detention Basin
Future
Development
at Leisure Town Rd
and Hawkins Rd
Maple Rd
at Leisure Town Rd
Figure 4.4-4: Annexation Areas ±
0 0.5 1 2
Miles
2015 Planned Sphere of Influence
1 2
3 4
5 Long Term Annexation Areas
subject to subsequent MSR
updates
Areas outside of Urban Growth
Boundary subject to annexation
under specific circumstances
(See Section 4.5)
Near Term Annexation Areas
Locke Paddon
Area of Interest
City Limits
Urban Service Area Boundary
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! ! Urban Growth Boundary
Pierson
Property
ATTACHMENT 1
Item 9.b
May 22, 2026
Erin Morris
Director of Community Development
City of Vacaville
E-mail: [email protected]
Subject: Scope of Work Amendment for Vacaville Municipal Service Review Update; EPS #242032
Dear Erin:
On behalf of Economic & Planning Systems, Inc. (EPS), I am providing an amendment to the existing Scope of Work pursuant to EPS's agreement with the City dated April 7, 2025, for the Vacaville Municipal Service Review (MSR) update (EPS #242032). Following submission of the January 7, 2026, working draft MSR, the Solano County Local Area Formation Commission (LAFCO) provided comments on February 17, 2026, reflecting revised expectations and requirements that represent significant additional work beyond the original scope. This amended scope has been prepared to address revised LAFCO expectations and staff comments, and reflects the work remaining to finalize the MSR, as described in Attachment A.
If you have questions or comments related to this scope amendment, please contact me at (916) 665 6103 or [email protected].
Sincerely,
ECONOMIC & PLANNING SYSTEMS, INC.
Amy Lapin
Principal
Attachments
Attachment A: Scope of Work Amendment
Item 9.b
Attachment A
Economic & Planning Systems, Inc. (EPS)
Scope of Work Amendment
The original contract scope of work, executed on April 7, 2025, included the following tasks:
Task 1 (Project Initiation and Ongoing Project Management), covering project kickoff, coordination with City and LAFCO staff, and ongoing meetings throughout the study process. Task 2 (Data Collection and Review), covering preparation of requests for information, departmental meetings, and assembly of baseline data for each service area. Task 3 (Preparation of Municipal Service Review), covering preparation of the working draft, public draft, draft final, and final MSR. Task 4 provided a small cost contingency to cover additional meetings.
Following submission of the January 7, 2026, working draft MSR, LAFCO provided comments on February 17, 2026, that significantly expanded the analytical and documentation requirements for the MSR beyond what was anticipated in the original scope. The tasks described below, beginning with a newly established Task 5, address these requirements and reflect the work necessary to finalize the MSR.
Task 5. MSR Coordination and Completion
The scope of work described below focuses on areas requiring revision or expansion to the current working draft MSR, including reformatted determinations, updated and expanded introductory chapters, revised documentation, service-area-specific impact calculations, and incorporation of key LAFCO staff comments.
EPS will work collaboratively with City and LAFCO staff, as well as the team of private real estate developers (ELT Developer Team) to prepare an MSR update that meets the needs and standards of all parties. Individual chapters will be circulated to all parties for review and comment on a rolling basis. Before executing changes throughout the document, EPS will circulate example draft revisions for review and approval by all parties. These examples will address each major LAFCO concern, including formatting of determinations, phrasing for executive summary determinations, draft calculations for impact analysis, and citation and reference style.
Following incorporation of all chapter-level comments, EPS will prepare the revised working draft MSR, followed by a Public Draft, Draft Final, and Final MSR Update in accordance with LAFCO review and adoption requirements.
Item 9.b
Economic & Planning Systems, Inc. (EPS)
Attachment A
Scope of Work Amendment
Subtask 5.1: Provide Project Management
EPS will provide overall project management and serve as the primary point of contact for the MSR update effort. Responsibilities include managing project workflow, schedule, and deliverables, as well as coordinating directly with City staff, LAFCO, and the development team throughout the duration of the project.
EPS will coordinate with City staff and LAFCO on an ongoing basis to confirm data needs, review progress, and support alignment with MSR requirements. EPS will also maintain coordination with LAFCO staff to confirm expectations and refine analytical approaches as the update progresses.
Meetings: Biweekly coordination meetings with City planning staff, LAFCO, and/or the ELT Developer Team (assumed up to twelve meetings), and up to four follow-up meetings with City departments and service providers as needed. The number of meetings may vary depending on information needs and level of review comments.
Subtask 5.2: Confirm MSR Study Assumptions, Scope, and Format EPS will prepare a list of metrics, standards, suitable reference sources, and key growth assumptions including population, employment, and housing unit projections, and will facilitate two collaborative working sessions with LAFCO, the City, and the ELT Developer Team to align on these assumptions prior to proceeding with revisions to any component of the MSR document. EPS will also confirm the status of existing and planned development projects and active permits with City staff. All agreed-upon assumptions and reference sources will be documented and applied consistently across all service area analyses.
In addition, through these working sessions, EPS will facilitate agreement across all parties on the specific LAFCO comments that will be addressed, the format and structure of the MSR document, and the level of analysis required for each subtask. Agreement on these items will be confirmed prior to proceeding with substantive revisions.
Subtask 5.3: Calculate Projected Impacts of Growth on Service Areas EPS will work with City staff to develop projected impact calculations for each service area consistent with the assumptions and analytical parameters confirmed under Subtask 5.2, reflecting the estimated effects of new residents and development on service capacity, demand, and infrastructure needs. The level of analytical effort will vary by service area based on complexity and data availability.
Service areas involving more complex analysis include Sewer, Water, and Public Works, which will require closer coordination with City staff and more detailed demand and capacity modeling. Service areas requiring less extensive new analysis include Fire and Police (where growth is generally expected to be self-funding through development fees), Stormwater (which relies primarily on project design and BMP integration), and Solid Waste Item 9.b
Economic & Planning Systems, Inc. (EPS)
Attachment A
Scope of Work Amendment
(which will be updated and tightened as needed based on current data). Animal Control impacts will be addressed quantitatively or qualitatively depending on data availability and the approach confirmed under Subtask 5.2.
Subtask 5.4: Update Introductory Chapters
EPS will work with City staff to update the introductory chapters of the MSR, incorporating revisions provided by the City and expanding content to reflect current conditions. This includes updating the city profile narrative, describing changes to planned growth areas, development activity, and General Plan assumptions, incorporating expanded financial information, and refining the scope and purpose discussion to reflect the updated MSR effort.
Subtask 5.5: Incorporate Priority LAFCO Comments
EPS will incorporate LAFCO staff comments into the updated MSR consistent with the priorities and approach confirmed under Subtask 5.2. This task will focus on the highestpriority substantive issues identified through that process, using the general comment categories identified at the most recent in-person LAFCO coordination meeting as a guide.
EPS will remain in coordination with all parties throughout to ensure revisions are targeted and aligned with LAFCO's expectations.
Subtask 5.6: Reformat MSR Determinations and Report Structure EPS will reformat the required MSR determinations throughout the document consistent with the formatting approach confirmed under Subtask 5.2, ensuring determinations are presented clearly and consistently and meet current LAFCO expectations. This includes reviewing the framing and structure of each determination across all chapters and revising as needed to improve clarity, completeness, and alignment with Government Code Section 56430 requirements.
EPS will also revise the overall organization and format of the MSR document consistent with the report structure defined by LAFCO. The current approach assumes chapters are organized by service area; however, LAFCO requests the report to be organized by required determinations. EPS will reorganize the MSR content accordingly, which will include restructuring chapter formats, redistributing analysis across sections, revising narrative organization, and ensuring consistency with LAFCO's preferred presentation.
While this effort would not involve substantial new analysis, it will require significant reformatting, editing, and coordination to ensure the revised structure maintains clarity, completeness, and alignment with statutory requirements.
Item 9.b
Economic & Planning Systems, Inc. (EPS)
Attachment A
Scope of Work Amendment
Subtask 5.7: Prepare Updated Working Draft, Public Draft, Draft Final, and Final MSR Update
As individual chapters are revised under the tasks above, EPS will circulate them to City and LAFCO staff for review and comment on a rolling basis. Following incorporation of chapter-level comments, EPS will assemble a compiled Working Draft MSR and provide it to all parties for consolidated review. EPS will revise the Working Draft based on a consolidated and nonconflicting set of comments, then prepare a Public Draft, Draft Final, and Final MSR Update in accordance with LAFCO review and adoption requirements. Deliverable(s): Working Draft MSR Update; Public Draft MSR Update; Draft Final MSR Update; Final MSR Update.
Meetings: Attendance at two Solano LAFCO public hearings to support the presentation of the Public Draft MSR Update. EPS has assumed in-person attendance at these meetings as part of the proposed budget. Additional meetings may be attended, if requested, subject to client authorization.
Schedule
EPS will begin working on this project as soon as contract approval is received. The schedule below is based on a target of completing the Public Draft MSR Update in early October 2026. The timing of the Draft Final and Final MSR Update will depend on the Solano LAFCO schedule for public hearings, which has not yet been confirmed. The following key schedule milestones are anticipated, but may vary depending on the timing of comments, additional data inputs, and reaching consensus among all parties. Late June 2026: Contract approval/Notice to Proceed
Late June - July 2026: Begin collaborative working sessions to align on assumptions, scope, and format (Subtask 5.2)
Late July – August 2026: Rolling chapter circulation for review and comment (Subtasks 5.3–5.6)
September 2026: Compiled Working Draft MSR Update circulated for consolidated review and comment (Subtask 5.7)
October 2026: Public Draft MSR Update (Subtask 5.7)
Dependent on LAFCO hearing schedule: Draft Final and Final MSR Update (Subtask
5.7)
Item 9.b
Economic & Planning Systems, Inc. (EPS)
Attachment A
Scope of Work Amendment
Budget
As detailed in Table 1, the proposed budget to complete the amended Scope of Work is $79,670. If approved, this budget would increase the overall project budget to $211,605, inclusive of the original contract amount of $131,935. The budget is estimated based on a good faith effort and a current understanding of the project needs. Variations in approach, schedule, deliverables, or other issues may adjust the estimated budget. The proposed budget is based on the following assumptions.
Budget Assumptions
1. Fixed Price with Potential Amendments, as Warranted. EPS charges for its services on a direct-cost (hourly billing rates plus direct expenses), not-to-exceed basis; therefore, the client will be billed only for the work completed up to the authorized budget amount. Travel, data, or reproduction expenses will be billed at cost, and invoices are submitted monthly and are payable on receipt. If additional work or meetings are required, EPS will notify the client in advance and request authorization for additional budget with the understanding that terms will be negotiated in good faith.
2. Budget Allocation to Tasks. EPS may reallocate budget among tasks, as needed, as long as the total budget is not exceeded.
3. Budget Allocation Among Staff. Work has been initially assigned to identified staff.
EPS may assign all or portions of tasks to different staff, as long as the total budget is not exceeded.
4. Billing Rates. The proposed billing rates apply to the 2026 calendar year. For work performed after 2026, scope and budget amendments may be calculated using updated billing rates, unless precluded by contract terms.
5. Project Meetings. EPS has assumed attendance at both in-person and virtual project meetings as part of the proposed budget, as specified in each task. If the client requests EPS attendance at additional meetings, EPS may bill on a time-and-materials basis with prior client approval.
Item 9.b
Economic & Planning Systems, Inc. (EPS)
Attachment A
Scope of Work Amendment
Table 1. Proposed EPS Budget
Description Principal Associate
Production
/ Admin
Direct
Costs [1] Total
Lapin Cressy
Billing Rate [2] $315 $210 $105
Task 5: Complete Municipal Services Review
Subtask 5.1: Provide Project Management 40 46 0 $0 $22,260 Subtask 5.2: Confirm MSR Study Assumptions, Scope, and Format 14 20 0 $0 $8,610 Subtask 5.3: Calculate Projected Impacts of Growth on Service Areas 10 20 0 $0 $7,350 Subtask 5.4: Update Introductory Chapters 10 20 4 $0 $7,770 Subtask 5.5: Incorporate Priority LAFCO Comments 10 30 0 $0 $9,450 Subtask 5.6: Reformat MSR Determinations and Report Structure 12 26 4 $0 $9,660 Subtask 5.7: Prepare Updated Working Draft, Public Draft, Draft Final, and Final MSR Update 22 30 8 $500 $14,570 Total Hours 118 192 16 326
Total Project Budget $37,170 $40,320 $1,680 $500 $79,670 [1] Direct costs include costs related to travel, acquiring data, mileage, reproduction, and other non-staff costs. [2] Billing rates shown are applicable during the current calendar year and are subject to change annually.
Item 9.b
CITY OF VACAVILLE
City Council
Staff Report
Meeting Date: June 23, 2026
To: Honorable Mayor and City Council Members
Attention: Savita Chaudhary, City Manager
From: Ken Matsumiya, Director of Finance
(Ken Matsumiya, Director of Finance (707) 449-5180)
Subject: Resolution of the City Council of the City of Vacaville Adopting the Appropriation Spending Limit for Fiscal Year 2026/27 in Compliance with Article XIIIB of the State Constitution Actions for Consideration:
Adoption of the Appropriation Spending Limit for Fiscal Year 2026/2027 based on the calculation process set forth by the State of California Department of Finance.
Recommendations:
By simple motion, adopt the subject resolution.
Background:
In 1979, California voters passed Proposition 4 (the “Gann Spending Limit Initiative”), which limits the annual growth in the City’s General Fund spending (or “appropriations”) by an amount determined pursuant to a formula that takes into account the percentage increase in Vacaville’s population and inflation for the previous year. The limitation applies to appropriations that are funded from revenue attributed to the “Proceeds from Taxes” (such as Sales Tax, Property Tax, Motor Vehicle License Fees, Business Licenses, etc.), but not to appropriations funded by user fees or taxes collected to pay on long-term debt obligations. The City is required to complete the calculation and adopt the appropriation spending limit annually for the upcoming fiscal year. This adoption has historically occurred at the final Council meeting of each fiscal year when the operating budget is adopted.
Discussion:
Staff has completed the calculation for the upcoming 2026/27 fiscal year. Like most cities in California, our spending limit continues to far outpace our actual proceeds from taxes subject to the limit. The attached resolution formally adopts the appropriations limit for fiscal year 2026/2027 in the amount of $356,493,462 as determined by the formula. The appropriations subject to the limit for fiscal year 2026/2027 are projected at $111.1 million, or 31% of the Proposition 4 spending limit.
Item 9.c
The worksheets used in calculating the appropriations limit and appropriations subject to the limit are on file in the Finance Department. The calculations are reviewed annually by our independent auditors for accuracy and compliance with the provisions of Article XIIIB of the State Constitution.
Environmental Impact:
This action is exempt from the California Environmental Quality Act (CEQA) because it is not a project that has the potential to result in either a physical change in the environment or a reasonably foreseeable indirect physical change in the environment, pursuant to California Code of Regulations Title 14 Section 15378(b)(5).
Fiscal Impact:
Amount Requested: There are no funds requested for this item.
Funding Source: Not applicable
Budget Distribution: The costs of staff time associated with this item are covered within the existing Finance Department operating budget.
Alternatives:
There is no alternative action for this item as adoption of the appropriation spending limit is an annual requirement of the state constitution.
Strategic Plan Goal/Initiative:
Initiative 4A: Ensure Fiscal Sustainability
Levine Act:
No
Attachments:
Resolution – Action Item
Item 9.c
CITY OF VACAVILLE
RESOLUTION NO. 2026-
Resolution of the City Council of the City of Vacaville Adopting the Appropriation Spending Limit for Fiscal Year 2026/27 in Compliance with Article XIIIB of the State Constitution
Whereas, in 1979, California voters passed Proposition 4 (the "Gann Spending Limit Initiative"), which limits the annual growth in the City's General Fund spending (or “appropriations") by an amount determined pursuant to a formula that takes into account the percentage increase in Vacaville's population and inflation for the previous year; and Whereas, the limitation applies to appropriations that are funded from revenue attributed to the "Proceeds from Taxes" (such as Sales Tax, Property Tax, Motor Vehicle License Fees, Business Licenses, etc.), but not to appropriations funded by user fees or taxes collected to pay on long-term debt obligations; and
Whereas, the appropriations subject to the limit for fiscal year 2026/27 are projected at $111.1 million, or 31% of the of Proposition 4 spending limit; and Whereas, the calculations are reviewed annually by the City's independent auditors for accuracy and compliance with the provisions of Article XIIIB of the State Constitution.
Now, therefore, be it resolved that the City Council of the City of Vacaville does hereby adopt the following Appropriation Spending Limit for the Fiscal Year 2026/2027 in compliance with Proposition 4, now Article XIIIB of the State Constitution as modified by Proposition 111 and SB88.
Appropriation Limit 2025/2026 $342,177,229
For 2026/2027 Additions due to increases
In population of -0.73% (based
on City growth rate) and inflation
of 4.95% (based on growth in
California per capita income)
Equates to a factor of 1.0418 $14,316,233
Appropriation Limit for 2026/2027 $356,493,462
I hereby certify that the foregoing resolution was introduced and passed at the regular meeting of the City Council of the City of Vacaville held on the 23rd day of June 2026, by the following vote:
Ayes:
Noes:
Item 9.c
Absent:
Attest:
_____________________________
Michelle A. Thornbrugh, City Clerk
Item 9.c
Item 9.c
CITY OF VACAVILLE
City Council
Staff Report
Meeting Date: June 23, 2026
To: Honorable Mayor and City Council Members
Attention: Savita Chaudhary, City Manager
From: Justen Cole, Utilities Department
(Mindy Boele, Utilities Water Quality Manager (707) 469-6430) Subject: Submittal of the City of Vacaville 2026 Annual Water Supply and Demand Assessment
Actions for Consideration:
This is an informational item summarizing the City of Vacaville’s 2026 Annual Water Supply and Demand Assessment. The California Water Code (CWC) requires the City to update and submit this assessment to the California Department of Water Resources by July 1 annually.
Recommendations:
Council receives the information.
Background:
On June 8, 2021, City Council adopted the 2020 update to the Urban Water Shortage Contingency Plan in compliance with the CWC Section 10632, which requires that every urban water supplier prepare and adopt an Urban Water Shortage Contingency Plan (UWSCP) as part of its Urban Water Management Plan. The UWSCP outlines progressive steps that the City can take to ensure there is sufficient water supply in the event of multiple dry years, local or state declarations, or other water shortage emergencies. You will be presented and asked to adopt the updated 2026 Urban Water Management Plan and Urban Water Shortage Contingency Plan at this same council meeting.
The Urban Water Shortage Contingency Plan requires the Utilities Department to conduct an Annual Water Supply and Demand Assessment (AWSDA) in order to 1) submit an annual report to the Department of Water Resources each July 1, and 2) to determine if a water shortage condition exists, in which event the City may enact one of six water shortage response actions in the UWSCP designed to close the gap between available supply and projected demand.
On January 1, 2025, a new regulation titled “Making Conservation a California Way of Life” went into effect. The regulation is expected to reduce inefficient water use in the urban sector, helping California adapt to climate change consistent with the goals of the Water Supply Strategy (WSS). The WSS outlines a strategy and priority actions to adapt and protect water supplies from the effects of rising temperatures and drier conditions due to climate change. The regulation is a new framework for managing urban water use in California. It requires urban retail water suppliers to annually calculate and comply with an urban water use objective; set Item 9.d
commercial, industrial, and institutional (CII) performance measures; and provide periodic progress reports.
On March 24, 2026 City Council approved Municipal Code updates to Chapter 13.20 reflecting the new regulations related to water conservation. The new code allows Vacaville to not be in official stage of drought demanding a certain percentage of reduction, as outlined in the UWSCP, but residents are advised against engaging in activities that result in water waste or irrigation of non-functional or decorative commercial turf, while staff continue to work with our commercial, industrial and institutional customers to implement the upcoming mandatory changes in water use. The code updates also give the City the authority to enforce corrections on water waste users that disregard warning letters from city staff. The water supply values presented in Attachment 1 are based on current water availability and will change in the future when all actions in the Hexavalent Chromium compliance plan are completed and/or if the Bay Delta Plan regulation is made effective.
Discussion:
The 2026 AWSDA assesses projected available water supply, factoring any infrastructure, hydrological or regulatory conditions, plus one dry year. Unrestrained demand (no water conservation measures) considered population growth projections, climate impacts, and any policies impacting the ability to meet future demand. For the assessment year July 1, 2026, through June 30, 2027, the total available water supply from the Solano Project, State Water Project, and City wells is projected to be 9,427 million gallons. The total unrestricted City demand is projected to be 5,131 million gallons. This results in a projected water supply surplus of 4,296 million gallons. With our current conservation restrictions in effect, residents have already reduced water use by 9%, 7% and 3% over the past three years. However, if dry weather conditions were to return, measures taken to reduce water use by an additional 10% would lower demand by an additional projected 513 million gallons, bringing the total projected surplus to 4,809 million gallons. These totals are summarized in the Annual Water Supply and Demand Assessment Tables as shown in Attachment 1.
The tables are required to be submitted via the Electronic Annual Report portal to DWR on or before July 1, 2026, in accordance with Section 10632 of the California Water Code.
Environmental Impact:
This item is exempt from environmental review, under the California Environmental Quality Act (CEQA) Guidelines Section 15061(b)(3), which exempts any project where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.
Fiscal Impact:
Amount Requested: There are no funds requested for this item.
Funding Source: Water Operations and Maintenance Fund (Fund 5101) Budget Distribution: The budget for any expenses related to this item is included in the Water Operations and Maintenance annual operating budget.
Item 9.d
Alternatives:
Completion of the AWSDA is a requirement of the State Water Code. This is an informational item therefore no alternative action is submitted or recommended.
Strategic Plan Goal/Initiative:
Goal 4: Maintain Effective and Efficient Services
Levine Act:
No
Attachments:
Attachment 1: Annual Water Supply and Demand Assessment Tables Item 9.d
Table 1. Annual Assessment Information
Annual Assessment Information (Required)
Year Covered By This Shortage Report
Start: July 1, 2026
End: June 30, 2027
Supplier's Annual Assessment Planning Cycle
Start Month: July
End Month: June
Data Reporting Interval Used: Monthly
Volume Unit for Reported Supply and Demand:
(Must use the same unit throughout) MG
Water Supplier's Contact Information
Water Supplier's Name: City of Vacaville
Contact Name: Mindy Boele
Contact Title: Water Quality Manager
Street Address: PO Box 220, Elmira CA
ZIP Code: 95625
Phone Number: (707) 469‐6430
Email Address: [email protected]
Supplier's Water Shortage Contingency Plan
WSCP Title City of Vacaville Urban Water Shortage Contingency Plan 2020 Update WSCP Adoption Date 6/8/2021
Attachment 1
Item 9.d
Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Total by Water Demand Type
Single Family 329.4 371.7 307.5 344.6 244.6 181.9 156.1 175.5 129.9 135.2 260.9 282.6 2920.1Multi‐Family 77.5 33.8 73.3 31.7 72.3 19.2 56.5 24.0 43.9 13.5 67.9 26.9 540.5Commercial 52.0 17.7 48.0 18.4 48.4 19.0 39.3 11.2 32.1 5.8 46.2 14.9 352.9Industrial 26.1 19.8 27.2 20.8 22.9 15.4 20.1 14.5 18.0 12.7 19.3 15.7 232.5Institutional/Governmental 52.9 37.0 79.0 55.7 48.1 44.5 23.4 17.2 20.2 14.6 44.9 31.8 469.3 Landscape 111.2 97.5 97.9 72.8 44.1 18.4 19.7 9.3 10.4 12.8 52.4 69.1 615.7 0000
649.2 577.4 632.9 544.0 480.4 298.5 315.1 251.7 254.5 194.7 491.6 441.0 5130.9 Projected Water Demands ‐ Volume
3 Total by Month (Potable)
Additional
Description(as needed)
Level of
Treatment
for Non‐
Potable
Supplies
Drop‐down
list
Drop‐down list
May select each use multiple times
These are the only Use Types that will
be recognized by the WUEdata online
submittal tool
(Add additional rows as needed)
Demands Served by Potable Supplies
Item 9.d
= From prior tables
= Auto calculated
Water Supply Start Year: 2026 Volumetric Unit Used2: MG Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun
Total by
Water
Supply Type
Surface water (not desal.) NBA (MG) 210.93 210.93 210.93 210.93 210.93 210.93 210.93 210.93 210.93 210.93 210.93 210.93 2531.16 Surface water (not desal.) PSC (MG) 349.27 349.27 349.27 349.27 349.27 349.27 349.27 349.27 349.27 349.27 349.27 349.27 4191.24Groundwater (not desal.) Wells (MG) 225.37 225.37 225.37 225.37 225.37 225.37 225.37 225.37 225.37 225.37 225.37 225.37 2704.44 0000000
785.57 785.57 785.57 785.57 785.57 785.57 785.57 785.57 785.57 785.57 785.57 785.57 9426.84 0 Potable Supplies
Total by Month (Potable)
Table 3: Water Supplies1
Projected Water Supplies ‐ Volume3 Water Quality
Drop‐down
List
Total Right
or Safe
Yield*
(optional)
Additional
Detail on
Water Supply
Drop‐down List
May use each category multiple
times.These are the only water
supply categories that will be
recognized by the WUEdata online
submittal tool
(Add additional rows as needed)
Item 9.d
= Auto calculated
= For manual input
Table 4(P): Potable Water Shortage Assessment 1 Start Year: 2026 Volumetric Unit Used 2: MG Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun3 Total
Anticipated Unconstrained Deman 649.2 577.4 632.9 544.0 480.4 298.5 315.1 251.7 254.5 194.7 491.6 441.0 5130.88 Anticipated Total Water Supply 785.6 785.6 785.6 785.6 785.6 785.6 785.6 785.6 785.6 785.6 785.6 785.6 9426.84 Surplus/Shortage w/o WSCP Action 136.4 208.1 152.7 241.6 305.2 487.1 470.5 533.9 531.1 590.9 294.0 344.6 4,296.0 % Surplus/Shortage w/o WSCP Action 21% 36% 24% 44% 64% 163% 149% 212% 209% 304% 60% 78% 84% State Standard Shortage Level 0000000000000
Benefit from WSCP: Supply Augmentation 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 Benefit from WSCP: Demand Reduction 51.0 70.2 58.1 65.2 53.2 32.6 32.9 27.3 20.2 22.3 42.1 40.2 515.3 Revised Surplus/Shortage with WSCP 187.4 278.3 210.8 306.8 358.4 519.7 503.4 561.2 551.3 613.2 336.1 384.8 4811.3 % Revised Surplus/Shortage with WSCP 29% 48% 33% 56% 75% 174% 160% 223% 217% 315% 68% 87% 94% = From prior tables
Planned WSCP Actions1Assessments are based on best available data at time of submitting the report and actual volumes could be different due to many factors.2Units of measure (AF, CCF, MG) must remain consistent.3When optional monthly volumes aren't provided, verify Tables 2 and 3 use the same columns for data entry and are reflected properly in Table 4 and make sure to use those same columns to enter the benefits from Planned WSCP Actions. Please see directions on the shortage balancing exercise in the Table Instructions. If a shortage is projected, the supplier is highly recommended to perform a monthly analysis to more accurately identify the time of shortage.
Item 9.d
July 1, 2026 to June 30, 2027
Enter Amount
(Drop‐down
List)
Select % or
Volume Unit
Start Month End Month
0 (No Shortage) Increase Water Waste Patrols Yes 1.5 % July June 0 (No Shortage) Landscape ‐ Limit landscape irrigation to specific days Yes 1 % July June 0 (No Shortage) Landscape ‐ Limit landscape irrigation to specific times Yes 0.5 % July June 0 (No Shortage) Landscape ‐ Restrict or prohibit runoff from landscape irrigation Yes 0.5 % July June 0 (No Shortage) Offer Water Use Surveys Yes 0.5 % July June 0 (No Shortage)
Other ‐ Customers must repair leaks,
breaks, and malfunctions in a timely
manner
Yes 1 % July June
0 (No Shortage) Other ‐ Prohibit use of potable water for washing hard surfaces Yes 0.5 % July June 0 (No Shortage) Other ‐ Require automatic shut of hoses Yes 0.5 % July June 0 (No Shortage) Provide Rebates for Turf Replacement Yes 2 % July June 0 (No Shortage) Provide Rebates for Landscape Irrigation Efficiency Yes 0.5 % July June 0 (No Shortage)
Water Features ‐ Restrict water use for
decorative water features, such as
fountains
Yes 0.5 % July June
0 (No Shortage) Reduce System Water Loss Yes 1 % July June Table 5: Planned Water Shortage Response Actions
Add additional rows as needed
How much is action going to
reduce the shortage gap?
When is shortage response
action anticipated to be
implemented? Is action already being
implemented?
(Y/N)
ACTIONS: Demand Reduction, Supply
Augmentation, and Other Actions.
(Drop‐down List)
These are the only categories that will be
accepted by the WUEdata online submittal
tool. Select those that apply.
Anticipated
Shortage
Level
Drop‐down List of
State Standard
Levels (1 ‐ 6) and
Level 0 (No
Shortage)
Item 9.d
95 Table 2 (1) Table 2 (2) Table 3 (1) Table 3 (2) Table 5 (1) Table 5‐ (2) Table 5 (3) Table 5 (4) Table 5 (5) Units Demands NP_Treat_LVL Supplies NP_Quality Shortage_LVL Actions Yes/No % vs. Volume Months AF All Demands Primary Purchased/Imported Water Primary 0 (No Shortage) No Actions Yes % January MG Single Family Secondary Supply from Storage Secondary 1 CII ‐ Commercial kitchens required to use pre‐rinse spray valves No AF February CCF (HCFMulti‐Family Tertiary Groundwater (not desal.) Tertiary 2 CII ‐ Lodging establishment must offer opt out of linen service MG March Commercial Advanced Surface water (not desal.) Advanced 3 CII ‐ Other CII restriction or prohibition CCF (HCF) AprilIndustrial Recycled Water 4 CII ‐ Restaurants may only serve water upon request May Institutional/Governmental Desalinated Groundwater 5 Decrease Line Flushing June Landscape Desalinated Surfacewater 6 Exchanges July
Groundwater recharge Stormwater Use Expand Public Information Campaign August Saline water intrusion barrier Transfers Implement or Modify Drought Rate Structure or Surcharge September Agricultural irrigation Exchanges Improve Customer Billing October Wetlands or wildlife habitat Other Increase Frequency of Meter Reading November Sales to other agencies Increase Water Waste Patrols DecemberTransfers to other agencies Landscape ‐ Limit landscape irrigation to specific days Exchanges to other agencies Landscape ‐ Limit landscape irrigation to specific timesLosses Landscape ‐ Other landscape restriction or prohibitionOther Potable Landscape ‐ Prohibit all landscape irrigation Other Nonpotable Landscape ‐ Prohibit certain types of landscape irrigation Landscape ‐ Restrict or prohibit runoff from landscape irrigationMoratorium or Net Zero Demand Increase on New Connections New Recycled WaterOffer Water Use Surveys
Other ‐ Customers must repair leaks, breaks, and malfunctions in a timely manner Other ‐ Prohibit use of potable water for construction and dust contro Other ‐ Prohibit use of potable water for washing hard surfaces Other ‐ Prohibit vehicle washing except at facilities using recycled or recirculating waterOther ‐ Require automatic shut of hosesOther Actions (describe in Notes at bottom of Table)Other Purchases Other water feature or swimming pool restriction
Pools ‐ Allow filling of swimming pools only when an appropriate cover is in place.Pools and Spas ‐ Require covers for pools and spasProvide Rebates for Landscape Irrigation EfficiencyProvide Rebates for Turf ReplacementProvide Rebates on Plumbing Fixtures and DevicesRain Seeding Reduce System Water Loss
Stored Emergency Supply
TransfersWater Features ‐ Restrict water use for decorative water features, such as fountains Item 9.d
CITY OF VACAVILLE
City Council
Staff Report
Meeting Date: June 23, 2026
To: Honorable Mayor and City Council Members
Attention: Savita Chaudhary, City Manager
From: Justen Cole, Utilities Department
(Timothy Hawkins, Utilities Assistant Director (707) 469-6412) Subject: Resolution of the City Council of the City of Vacaville to Award the Well 23 and 24 Drilling Project to the Apparent Low Bidder, Well Industries Inc., and Authorize the Director of Utilities to Execute Said Contract in the Amount of $3,394,402
Actions for Consideration:
Award the Well 23 and 24 Construction and Testing Project construction contract to the apparent low bidder, Well Industries Inc., of Chico, California.
Recommendations:
By simple motion, adopt the subject resolution.
Background:
To maintain reliable delivery of high-quality potable water and to address capacity reductions associated with updated Title 22 drinking water regulations, the City is actively implementing various projects to comply with the 10 parts per billion (ppb) hexavalent chromium (chromium-6) maximum contaminant level (MCL). The City’s compliance strategy includes wellhead treatment, blending, and development of additional groundwater sources that meet current and anticipated regulatory standards.
A recent inspection report determined that Well 5, located on Christine Drive, has reached the end of its useful life. The well is no longer operational and has been determined to not be a viable candidate for rehabilitation. Well 5 has historically produced groundwater that meets current chromium-6 standards and is expected to comply with anticipated future regulatory limits. Accordingly, replacement of this well is a critical component of the City's water supply and regulatory compliance strategy.
An inspection of Well 16, located off Vaca Valley Parkway, revealed that the well is nearing the end of its useful life. To maintain production capacity at this high-yield site and reduce long-term lifecycle costs, the City proposes to construct Well 23 adjacent to the existing well to replace Well 16. Well 23 is expected to have similar water quality as Well 16. The City conducted pilot testing for Reduction Coagulation and Filtration (RCF) Treatment at Well 16. Due to the site’s Item 9.e
proximity to existing sewer infrastructure, its strategic location within the distribution system, infrastructure in place, and high capacity remains an ideal location for implementing wellhead treatment RCF technology is recognized by the California State Water Board as a best available technology to treat hexavalent chromium [Cr (VI)]. Well 16 will ultimately be decommissioned and replaced with Well 23. The need for and extent of treatment improvements will be determined following completion of well testing and water quality analysis for the new well.
Discussion:
On June 10, 2026, the City received a total of 2 bids for the Well 23 and 24 Drilling Project. The apparent low bidder is Well Industries Inc., of Chico, California, with a total bid of $3,394,402.00, which is 12% below the Engineer’s Estimate of $3,862,670.00. Award of this contract is an essential step in advancing the City’s water system improvements, supporting planned growth, and ensuring compliance with newly adopted statewide hexavalent chromium [Cr (VI)] water quality standards within the required regulatory timeframe.
The bid documents specify that the lowest responsive, responsible bidder shall be based on the Base Bid Total. Once the lowest responsive, responsible bidder is determined, the City has the option of awarding the base bid plus any combination of the Alternative Bid Items.
The base bid results received are summarized below:
ENGINEER’S ESTIMATE: $3,862,670.00
BID NO. CONTRACTOR BUSINESS
LOCATION
BASE BID AMOUNT
1 Zim
Industries
Inc.
Fresno, CA $3,627,104.00
2 Well
Industries
Inc.
Chico, CA $3,394,402.00
The alternate bid results are summarized below:
BID
NO.
CONTRACTOR 29A
ALTERNATE
BID ITEM
29B
ALTERNATE
BID ITEM
30A
ALTERNATE
BID ITEM
30B
ALTERNATE
BID ITEM
1 Zim Industries Inc. $95,325.00 $131,250.00 $166,944.00 $281,748.00 2 Well Industries Inc. $123,000.00 $152,500.00 $172,020.00 $259,700.00 The California Public Contract Code states that the public agency awarding the project shall do so to the bidder who submitted the lowest responsive, responsible bid package. All bidders have Item 9.e
been determined to be responsible, meeting the City’s requirement to have and maintain a State of California contractor’s license and be registered with the Department of Industrial Relations.
The alternative bid items are not recommended for award because they would increase project costs and procurement lead times while providing limited benefit to the City's anticipated use of the wells.
Staff therefore recommends awarding the construction contract for the Well 23 and 24 Construction and Testing Project to Well Industries, Inc. of Chico, CA in the amount of $3,394,402.00.
There are 100 working days allowed for this contract. Work should be completed by January 9, 2027.
Environmental Impact:
Well 23 is statutorily exempt from the California Environmental Quality Act (“CEQA”) under CEQA Guidelines section 15303(d) (New Construction or Conversion of Small Structures), as it consists of construction of limited numbers of new, small facilities or structures and/or installation of small new equipment and facilities in small structures.
Well 24 is also exempt from the California Environmental Quality Act (“CEQA”) under CEQA Guidelines section 15301(b) (Existing Facilities)
Fiscal Impact:
There is no fiscal impact on the General Fund from this proposed action.
Amount Requested: There are no funds requested for this item.
Funding Source: This project is funded by Water – Facilities Rehab (5102) Budget Distribution: The budget for Well 23 is included in the Capital Improvement Project # 860111 Well 23 Chrome 6 Treatment/Improvements (Formerly titled Well 16 Chrome 6 Treatment/Misc. Imp), and sufficient funding exists in the project account. Funding for Well 24 is included as a new project in the FY2026/27 CIP Budget. Once the FY2026/27 CIP Budget is approved and the new project account is established, sufficient funding will be available for Well
24. Alternatives:
The City Council could reject the bid proposal. However, doing so would result in termination of the project and delay the replacement of critical groundwater production infrastructure needed to maintain long-term system reliability and operational capacity.
Strategic Plan Goal/Initiative:
Goal 4: Maintain Effective and Efficient Services
Item 9.e
Initiative 4A: Ensure Fiscal Sustainability
Levine Act:
No
Attachments:
Resolution – Action Item
Item 9.e
CITY OF VACAVILLE
RESOLUTION NO. 2026-
Resolution of the City Council of the City of Vacaville to Award the Well 23 and 24 Construction and Testing Project to the Apparent Low Bidder, Well Industries Inc., and Authorize the Director of Utilities to Execute Said Contract in the Amount of $3,394,402.00
Whereas, the City of Vacaville must implement improvements to ensure compliance with new statewide hexavalent chromium drinking water standards; and Whereas, the City has conducted inspections and has found two existing wells, Wells 5 and 16, to have structural deficiencies that require them to be redrilled as Wells 23 and 24; and Whereas, on May 27, 2026, Utilities staff advertised the Notice to Bidders and, on June 10, 2026, received a total of 2 bids for the Well 23 and 24 Construction and Testing Project; and Whereas, Well Industries Inc., of Chico, California, submitted the apparent lowest responsible and responsive bid in the amount of $3,394,402.00, which is 12% below the Engineer’s Estimate of $3,862,670.00.
Now, therefore, be it resolved that the City Council hereby awards the construction contract for the Well 23 and 24 Construction and Testing Project to Well Industries, Inc., the apparent low bidder, and authorizes the Director of Utilities to execute said contract in the amount of $3,394,402.00, together with any necessary change orders up to the limits established by City policy.
I hereby certify that the foregoing resolution was introduced and passed at a regular meeting of the City Council of the City of Vacaville, held on the 23rd day of June, 2026, by the following vote:
AYES:
NOES:
ABSENT:
ATTEST:
_____________________________
Michelle A. Thornbrugh, City Clerk
Item 9.e
Item 9.e
CITY OF VACAVILLE
City Council
Staff Report
Meeting Date: June 23, 2026
To: Honorable Mayor and City Council Members
Attention: Savita Chaudhary, City Manager
From: Brian Oxley, Director of Public Works
(Staff Contact: Lori DaMassa, Transit Manager, (707) 469-6575) Subject: Resolution of the City Council of the City of Vacaville to Contribute to the Capital Purchase of Two (2) Vehicles to Support Continued Transit Service Between Vacaville, Dixon, Davis, and Sacramento Through the Solano Express Route 30 Pilot Program
Actions for Consideration:
Staff recommends that the City Council approve a contribution of $484,261 towards the capital purchase of two vehicles to support continued transit service to Davis and improvements to existing transit service to Sacramento.
Recommendations:
By simple motion, adopt the subject resolution.
Background:
The City of Vacaville is a long-standing funding partner of SolanoExpress, contributing both operational and capital costs of regional transit services since 1997. Historically, Vacaville has supported capital replacement needs to ensure the reliability and continuity of these services.
Through SolTrans’ Comprehensive Operational Analysis (COA) process, service between Vacaville and Davis is scheduled for discontinuation in August 2026. This decision was similar to a previous discontinuation of service to Sacramento under SolanoExpress.
In response to the service discontinuation, the Solano Transportation Authority (STA), in partnership with Vacaville and Dixon, successfully developed an alternative solution, specifically, the Solano Express Route 30 Pilot Program to maintain essential commuter connections.
Discussion:
Following SolTrans’ COA process, there has remained a strong desire from the community and stakeholders to maintain transit service between Vacaville, Dixon, and Davis. Recognizing this Item 9.f
need, STA, the City of Dixon, and Vacaville staff collaborated to develop a new transit program designed to:
• Restore and maintain service to Davis
• Enhance and improve the existing service to Sacramento • Provide reliable regional mobility for residents and commuters Implementation of this program requires capital investment in vehicles to operate the service effectively. Vacaville has a demonstrated history of contributing to capital purchases for SolanoExpress. Continuing this role, staff is proposing to contribute funding towards the acquisition of vehicles necessary to implement and sustain this service.
The pilot program requires the purchase of seven vehicles. Staff is recommending a contribution of $484,261 for the purchase of two vehicles, at $242,130.50 per vehicle.
These vehicles will:
• Support the continuation of transit service to Davis
• Improve operational efficiency and service quality for the existing service from Vacaville to Sacramento
• Enhance regional connectivity between Vacaville, Dixon, Davis, and Sacramento The vehicles will be owned and maintained by the Solano Transportation Authority (STA).
However, per the terms of the agreement, if the program is discontinued in the future, the two vehicles funded by Vacaville will be returned to the City for use in its local transit system.
The total cost to the City of Vacaville is $484,261, representing the purchase of two vehicles.
This cost will be funded using Transportation Development Act (TDA) funds. Use of TDA funds means that there will be no impact on the City’s General Fund.
Environmental Impact:
This action is exempt from the California Environmental Quality Act (CEQA) because it is not a project that has the potential to result in either a physical change in the environment or a reasonably foreseeable indirect physical change in the environment, pursuant to California Code of Regulations Title 14 Section 15378(b)(5).
Fiscal Impact:
There will be no fiscal impact on the City’s General Fund as a result of this action. Vacaville City Coach is funded through the State Transportation Development Act (TDA), Federal Transit Administration (FTA) Funds, and collected passenger fare revenue. The City is not using any current TDA funds for this purchase. However, this cost will reduce the amount of TDA funding the City receives in the future.
Amount Requested: $484,261
Funding Source: Transportation Development Act (4004) Funds Item 9.f
Budget Distribution: The costs for any expenses related to this item are included in annual Transportation Development Act (TDA) funds allocated to the City.
Alternatives:
City Council could choose not to contribute funding for the purchase of two vehicles for the Solano Express Route 30 Pilot Program; however, that action is not recommended as it would critically impact the ability to implement and sustain transit service between Vacaville, Dixon, Davis, and Sacramento. Without this investment, service to Davis may not be restored, existing and planned transit service improvements to Sacramento could be limited or reduced, regional connectivity between Vacaville, Dixon, Davis, and Sacramento would be negatively affected, and Vacaville residents would experience a lack of access to essential transportation options, including commuting, education, and regional services. This alternative would weaken the overall regional transit network and limit mobility options for the community.
Strategic Plan Goal/Initiative:
Goal 4: Maintain Effective and Efficient Services
Levine Act:
No
Attachments:
Resolution – Action Item
Attachment 1: Contribution Agreement Between the Solano Transportation Authority and City of Vacaville for the Solano Express Route 30 Pilot Program Serving Vacaville, Dixon, UC Davis, and Sacramento
Item 9.f
CITY OF VACAVILLE
RESOLUTION NO. 2026-
Resolution of the City Council of the City of Vacaville to Contribute to the Capital Purchase of Two (2) Vehicles to Support Continued Transit Service Between Vacaville, Dixon, Davis, and Sacramento Through the Solano Express Route 30 Pilot Program Whereas, the City of Vacaville is a funding partner of SolanoExpress and has historically contributed to both operational and capital costs to support regional transit services; and Whereas, through SolTrans’ Comprehensive Operational Analysis (COA) process, transit service between Vacaville and Davis will be discontinued in August 2026; and Whereas, there remains a strong desire from the community and stakeholders to maintain and restore transit service between Vacaville, Dixon, and Davis, while also improving service to Sacramento; and
Whereas, Vacaville staff, the City of Dixon, and STA have collaborated to develop the Solano Express Route 30 Pilot Program that will restore service to Davis and enhance regional transit connectivity; and
Whereas, implementation of this program requires the capital purchase of vehicles; and
Whereas, the City of Vacaville proposes to contribute funding for the purchase of two (2) vehicles, at a cost of $242,130.50 per vehicle, for a total contribution of $484,261; and Whereas, the vehicles will be owned and maintained by the Solano Transportation Authority (STA), and pursuant to the agreement, if the program is discontinued, the vehicles funded by the City of Vacaville will be returned to the City for use in its local transit services; and Whereas, the City’s contribution will be funded through Transportation Development Act (TDA) funds and will not impact the City’s General Fund.
Now, therefore, be it resolved by the City Council of the City of Vacaville that:
Section One: The City Council hereby approves a contribution of $484,261 in Transportation Development Act (TDA) funds for the purchase of two transit vehicles to support regional transit services.
Section Two: The City Council authorizes the City Manager, or designee, to execute the Contribution Agreement between the Solano Transportation Authority and the City of Vacaville for the Solano Express Route 30 Pilot Program Serving Vacaville, Dixon, UC Davis, and Sacramento.
Section Three: The City Council acknowledges that the use of TDA funds for this purpose will not impact the City’s General Fund.
Item 9.f
I hereby certify that the foregoing resolution was introduced and passed at the regular meeting of the City Council of the City of Vacaville held on the 23rd day of June 2026 by the following vote:
Ayes:
Noes:
Absent:
Attest:
_____________________________
Michelle A. Thornbrugh, City Clerk
Item 9.f
Item 9.f
1 Attachment 1 STA-CoVV Agreement SE Route 30 Pilot Program.docx
CONTRIBUTION AGREEMENT
BETWEEN
THE SOLANO TRANSPORTATION AUTHORITY
AND
CITY OF VACAVILLE
FOR THE
SOLANO EXPRESS ROUTE 30 PILOT PROGRAM
SERVING VACAVILLE, DIXON, UC DAVIS, AND SACRAMENTO
This Contribution Agreement (“Agreement”) is made as of ________________, 2026 between the Solano Transportation Authority, a joint powers authority consisting of the cities of Benicia, Dixon, Fairfield, Rio Vista, Suisun City, Vacaville and Vallejo, and the County of Solano, (“STA”), and the City of Vacaville, (“Vacaville”), collectively referred to as the “Parties”.
RECITALS
WHEREAS, STA and its member agencies have coordinated intercity transit services, marketed as Solano Express, since 1997; and
WHEREAS, Solano Express Blue Line service to UC Davis is scheduled to be discontinued in August 2026; and
WHEREAS, STA staff presented to the STA Board an implementation plan for the Solano Express Route 30 (the “Program”), which will provide public transit service connecting Dixon, Vacaville, UC Davis, and Sacramento; and
WHEREAS, on March 11, 2026, the STA Board approved the capital purchase of seven (7) microtransit vehicles to implement the Program; and
WHEREAS, Vacaville desires to contribute funds toward the capital cost of purchasing two (2) microtransit vehicles for the Program; and
WHEREAS, STA received Board approval on __________ to enter into an Agreement with Vacaville for the implementation of the Program ; and
WHEREAS, the Parties desire to enter into this Agreement to acknowledge Vacaville’s contribution toward the cost of procuring two (2) microtransit vehicles for the Program.
AGREEMENT
The Parties agree as follows:
1. Vacaville and STA agree that Vacaville’s contribution is $484,261, which will be claimed through Vacaville’s TransportationDevelopment Act (TDA) fund and not through Vacaville’s general fund or other non-TDA fund.
Item 9.f
2 Attachment 1 STA-CoVV Agreement SE Route 30 Pilot Program.docx
2. If the Program is discontinued, Vacaville shall retain ownership of the two (2) microtransit vehicles.
3. This Agreement may be amended only by written agreement executed by the Parties.
No alterations or variation of the terms of this Agreement shall be valid unless made in writing signed by both Parties and no oral understanding or agreement not incorporated into this Agreement shall be binding on either of the Parties.
4. This Agreement shall be interpreted under and governed by the laws of the State of California.
5. This Agreement constitutes the entire Agreement between the Parties relating to the subject matter hereof and supersedes any previous agreement or understanding.
SOLANO TRANSPORTATION AUTHORITY
By: ____________________________
Daryl K. Halls, Executive Director
CITY OF VACAVILLE
By: ____________________________
Savita Chaudhary, City Manager
Approved as to Form:
By: ____________________________
Megan J. Callaway, STA Legal Counsel
Approved as to Form:
By: ____________________________
Andria Borba, City Attorney
Item 9.f
CITY OF VACAVILLE
City Council
Staff Report
Meeting Date: June 23, 2026
To: Honorable Mayor and City Council Members
Attention: Savita Chaudhary, City Manager
From: Brian Oxley, Public Works Department
(Staff Contact: Lori DaMassa, Transit Manager (707) 469-6575) Subject: Resolution of the City Council of the City of Vacaville to Authorize the City Manager or their Designee to Execute the Third Amendment to the Agreement for the Provision of FixedRoute, Demand Response, and Paratransit Services Between the City of Vacaville and First Transit, Inc.
Actions for Consideration:
Authorize the City Manager, or their designee, to execute the Third Amendment of the Agreement for the Provision of Fixed-Route, Demand Response, and Paratransit Services Agreement between the City of Vacaville and First Transit, Inc.
Recommendations:
By simple motion, adopt the subject resolution.
Background:
The Public Works Department has operated Vacaville City Coach (City Coach), the City’s public transit system, since 1981. City Coach is funded through three primary sources: State of California Transportation Development Act (TDA), Federal Transit Administration (FTA), and collected passenger fare revenue. The City’s General Fund does not contribute to the operation or maintenance of City Coach. The City owns and maintains all capital assets associated with the transit program. City Coach is staffed by a Transit Manager, a Management Analyst, and an Administrative Technician, who collectively manage the City’s public transit program and services.
First Transit, Inc. (First Transit) has been the City's contracted transit operator since 2007. The transit services agreement between First Transit and the City specifies the terms for operation and is consistent with FTA and TDA funding requirements. Under the transit services agreement, the City’s transit contractor provides staff, including an on-site general manager, safety/training manager, operations supervisor, dispatchers, bus operators, and two utility workers. The transit contractor and their staff operate from the City’s Transit Building, located at the City’s Corporation Yard.
Item 9.g
Discussion:
The current transit services agreement, that included a five-year base service contract with three option years, was awarded to First Transit on August 1, 2021, and will expire on July 31, 2026 (Attachment 1 – 2021 Transit Service Agreement). In March 2023, First Transit was acquired by Transdev, Inc.; First Transit continues to operate as a legal entity under the Transdev umbrella, and no changes were made to the transit services agreement as a result of the acquisition.
Key components of the Third Amendment include:
• The term of the agreement is extended to July 31, 2029, by exercising the remaining three option years under the current agreement.
• The City will pay First Transit for actual services performed based on the following rates, with a maximum of forty thousand (40,000) annual revenue hours per year. Current annual revenue hours per year are approximately thirty thousand (30,000).
Year 1 August 1, 2026 -
July 31, 2027
Revenue Hour Rate: $57.78 x 40,000 (hours) = Variable Cost: $2,311,200.00 Fixed Cost: $1,038,970.28
Not-to-Exceed Amount Total: $3,350,170.28
Year 2 August 1, 2027 -
July 31, 2028
Revenue Hour Rate: $60.20 x 40,000 (hours) = Variable Cost: $2,408,000.00 Fixed Cost: $1,076,697.73
Not-to-Exceed Amount Total: $3,484,697.73
Year 3 August 1, 2028 -
July 31, 2029
Revenue Hour Rate: $63.19 x 40,000 (hours) = Variable Cost: $2,527,600.00 Fixed Cost: $1,118,219.53
Not-to-Exceed Amount Total: $3,645,819.53
• Approval of the Third Amendment will not result in a fare increase to passengers. There is ample funding in the Transit budget to cover the cost for the remaining three years.
Based on the positive performance of the City’s contractor, First Transit, the performance of the transit system as a whole, and the successful performance of contracted tasks demonstrated by First Transit, staff recommends continuing the City’s successful partnership with First Transit by extending the agreement for the three option years through July 31, 2029.
Item 9.g
Environmental Impact:
This action is exempt from the California Environmental Quality Act (CEQA) because it is not a project that has the potential to result in either a physical change in the environment or a reasonably foreseeable indirect physical change in the environment, pursuant to California Code of Regulations Title 14 Section 15378(b)(5).
Fiscal Impact:
There will be no fiscal impact on the City’s General Fund as a result of this action. Vacaville City Coach is funded through the State Transportation Development Act (TDA), Federal Transit Administration (FTA) funding, and collected passenger fare revenue.
Amount Requested: $10,480,687.54
• Year 1 - August 1, 2026 - July 31, 2027 Not-to-Exceed Amount Total: $3,350,170.28 • Year 2 - August 1, 2027 - July 31, 2028 Not-to-Exceed Amount Total: $3,484,697.73 • Year 3 - August 1, 2028 - July 31, 2029 Not-to-Exceed Amount Total: $3,645,819.53 Funding Source: Transportation Development Act (4004) Funds, Federal Transit Administration (4001) Funds and collected passenger fare revenue.
Budget Distribution: The costs associated with this item are covered within the existing operating budget for the department.
Alternatives:
City Council could choose not to authorize Amendment #3 to the Provision of Fixed-Route, Demand Response, and Paratransit Services between the City and First Transit; however, this alternative is not recommended. Failure to approve the amendment would leave the city without a long-term contractual agreement and would require the city to operate under a temporary month-to-month arrangement until a complete bid process could be conducted and finalized.
This approach would likely result in increased operational costs, create uncertainty in service delivery, and could negatively impact current transit service levels and reliability for the community.
Strategic Plan Goal/Initiative:
Goal 1: Ensure Public Safety
Levine Act:
No
Attachments:
Resolution – Action Item
Attachment 1: 2021 Agreement for the Provision of Fixed-Route, Demand Response, and Paratransit Service Between City of Vacaville and First Transit, Inc.
Item 9.g
Attachment 2: Third Amendment to Agreement for the Provision of Fixed-Route, Demand Response, and Paratransit Service Between City of Vacaville and First Transit, Inc.
Item 9.g
CITY OF VACAVILLE
RESOLUTION NO. 2026-
Resolution of the City Council of the City of Vacaville to Authorize the City Manager or their Designee to Execute the Third Amendment to the Agreement for the Provision of Fixed-Route, Demand Response, and Paratransit Services Between the City of Vacaville and First Transit, Inc.
Whereas, the City of Vacaville’s fixed-route, demand response, and paratransit system called City Coach provides safe, reliable, and high-quality public transportation; and Whereas, the City entered into a five-year base service contract with three option years with First Transit, Inc. to provide the day-to-day operations of City Coach as approved by Resolution No. 2021-044 on May 25, 2021; and
Whereas, First Transit, Inc. was officially acquired by Transdev Inc. on March 6, 2023, and continues to operate as First Transit, Inc. under the umbrella of Transdev Inc.; and Whereas, through Amendment #3, the City wishes to amend the original contract, effective August 1, 2026, to extend the contract for the three allowable option years, ending on July 31, 2029.
Now, therefore, be it resolved by the City Council of the City of Vacaville that the City Manager or their designee is hereby authorized and directed to execute Amendment #3 with First Transit, Inc., effective August 1, 2026.
I hereby certify that the foregoing resolution was introduced and passed at a regular meeting of the City Council of the City of Vacaville, held on the 23rd day of June, 2026, by the following vote:
Ayes:
Noes:
Absent:
Attest:
_____________________________
Michelle A. Thornbrugh, City Clerk
Item 9.g
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Item 9.g
AGREEMENT FOR THE PROVISION OF
FIXED-ROUTE, DEMAND RESPONSE, AND PARATRANSIT SERVICES
This Agreement for the Provision of Fixed-Route, Demand Response, and Paratransit Services ("AGREEMENT") is made and entered into as of May 25 , 2021 by and between the City of Vacaville ("CITY"), a municipal corporation, and First Transit, Inc., a DE corp. ("CONTRACTOR") (collectively" Parties").
RECITALS
WHEREAS, CITY conducted a "Best Value" competitive procurement process as prescribed in the Federal Transit Administration's Third Party Contracting Guidance circular 4220.1F to select a CONTRACTOR to operate fixed-route, demand response and paratransit services for the City of Vacaville, City Coach Transit System;
WHEREAS, CONTRACTOR was selected by CITY pursuant to this competitive process, and was awarded the AGREEMENT by the CITY Council; and
WHEREAS. the Parties desire to enter into this AGREEMENT to describe the Scope of Work to be provided by CONTRACTOR and to set forth the terms and conditions that will govern the operation by CONTRACTOR of the fixed-route. demand response and paratransit services covered by this AGREEMENT.
NOW THEREFORE. in consideration of the mutual promises hereinafter given, CITY and CONTRACTOR hereby agree as follows:
SECTION 1. DEFINITIONS
A. Agreement The term "AGREEMENT" means this AGREEMENT for the Provision of Fixed-Route, Demand Response, and Paratransit Services, including the following Appendices to be attached hereto from the RFP (defined at Section 1.R below): Appendix A, Scope of Work; Appendix B, Federal Clauses; Appendix C, CONTRACTOR's Completed Required Forms; and Appendix D, Federal Transit Administration Third Party Contracting Requirements;
B. Appendix The term "Appendix" shall refer to the specified appendix to the RFP.
C. City Manager The term "City Manager" means the Vacaville City Manager or his or her designee.
D. Commencement Date The term "Commencement Date" means the date CONTRACTOR begins the operation of fixed route, demand response and paratransit services under this AGREEMENT. The Commencement Date is currently scheduled to be August 1, 2021, written notice to CONTRACTOR.
City of Vacaville
Agreement for the Provision of Fixed-Route and Paratransit Services unless CITY modifies that date by
May 2021
page I
Item 9.g
E. Contract Term The term "Contract Term" means the term of this AGREEMENT, which is a Base term of five (5) years with the option for one (1) three year extension as presented below:
5 YEAR BASE CONTRACT (Base term August 1, 2021 to July 31, 2026) August 1, 2021 to July 31, 2022
August 1, 2022 to July 31, 2023
August 1, 2023 to July 31, 2024
August 1, 2024 to July 31, 2025
August 1, 2025 to July 31, 2026
3 YEAR OPTION EXTENSION (Single Option term August 1, 2026 to July 31, 2029) August 1, 2026 to July 31, 2027
August 1, 2027 to July 31, 2028
August 1, 2028 to July 31, 2029
The extension shall be mutually agreed upon.
F. CONTRACTOR The term "CONTRACTOR" means _ _,_F-"-ir"'st'-T'--'r"'a""ns,,,it"----"ln.,,c"--. _______ .
G. Consumer Price Index The term "Consumer Price Index" means the average of the percent change in Consumer Price Index for Urban Clerical and Wage Earners, as reported by the Bureau of Labor Statistics or successor agency, from the December preceding the annual contract adjustment over the preceding December, for the San Francisco Bay Area, the Western Urban Region, and the U.S. Cities indices.
H. Days The term "days" means calendar days, unless otherwise designated in this AGREEMENT.
I. Deadhead Time The term "Deadhead Time" means the time during which a revenue vehicle is operating without fare-paying passengers, such as movement between the Facility and the departure point of a scheduled route, and between the ending point of a scheduled route back to the Facility.
J. Default The term "Default" means a non-material breach of this AGREEMENT by CONTRACTOR's failure to provide the services in the manner required by this AGREEMENT.
K. Demand Response The term "Demand Response" refers to the CITY's pilot program, City Coach Direct.
L. Facility The term "Facility'' means the CITY's Corporation Yard at 1001 Allison Drive, Vacaville, California.
M. Federal Transit Administration (FTA) The term "Federal Transit Administration" or "FTA" means the Federal Transit Administration of the United States Department of Transportation.
N. Execution Date The term "Execution Date" means the date this AGREEMENT is executed by both parties, as set forth on Page 1.
City of Vacaville
Agreement for the Provision of Fixed-Route and Paratransit Services May2021
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Item 9.g
O. Non-Revenue Hour The term "Non-Revenue Hour" means the total time a revenue vehicle is in operation, beginning on its departure from the Facility and ending on its return to the Facility. The term does not include operation within the Facility, use during training, or the transporting of a spare vehicle to replace a vehicle that is out of service.
P. Paratransit The term "Paratransit" refers to the CITY's Special Services paratransit service.
Q. Revenue Hour The term "Revenue Hour' means the total time a revenue vehicle is available to transport passengers and excludes "Deadhead Time". For the fixed-route service, a "revenue hour' begins at the first scheduled stop and ends at the last scheduled stop of the service day. For paratransit demand response service, a "revenue hour' begins at the first scheduled pick-up and ends at the last scheduled drop-off. For General Public Dial-a-Ride (GP DAR), a "revenue hour' begins at the time the operator is available for a pick-up until the operator returns to the Corporation Yard. "Revenue Hours" do not include operator meal breaks. "Revenue Hours" for fixed-route service and paratransit demand response service do not include layover periods in excess of 15 minutes, regardless of reason (e.g. no-shows, cancellations, etc.).
R. Revenue Vehicle The term "Revenue Vehicle" means any vehicle owned or leased by CITY and used by CONTRACTOR to provide fixed route, demand response or paratransit services under this AGREEMENT.
S. Revenue Service The term "Revenue Service" means the operation of a revenue vehicle in transit services carrying fare-paying passengers, but does not include Deadhead Time.
T. RFP The term "RFP" means CITY's Request for Proposals No. 2021-01, issued February 8, 2021.
SECTION 2. SCOPE OF WORK
CONTRACTOR shall operate fixed-route, demand response and paratransit services described more particularly in Appendix A, Scope of Work; Appendix B, Federal Clauses; Appendix C, CONTRACTOR's Completed Required Forms; and Appendix D, Federal Transit Administration Third Party Contracting Requirements, all attached hereto and incorporated herein by reference.
SECTION 3. PERFORMANCE REQUIREMENT
A. In General CONTRACTOR shall, at all times during the term of this AGREEMENT, perform all services described in the Scope of Work diligently, carefully, and in a professional manner, and shall furnish all labor, supervision, machinery, equipment, materials, and supplies necessary therefore (other than equipment and supplies provided by CITY) as required under this AGREEMENT.
B. Compliance with Procurement Documents CONTRACTOR's performance of services shall be in accordance with this AGREEMENT, and also in accordance with the RFP and all appendices thereto, and CONTRACTOR's proposal, all of which are hereby incorporated into this AGREEMENT and referred to herein as the "Procurement Documents". In the event of any conflict among these documents, the provisions of this AGREEMENT (including the attachments hereto) shall control over the RFP and CONTRACTOR'S Proposal.
City of Vacaville
Agreement for the Provision of Pixed-Route and Paratransit Se1vices May 2021
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Item 9.g
C. Performance Bond
1. CONTRACTOR shall procure, at its sole expense, and keep in effect at all times during the term of this AGREEMENT, a surety bond equivalent to 10 percent of the cost of the first 12 months of service, in favor of CITY, in a fonn approved by CITY, and executed by a corporate surety authorized to conduct business as a surety in the State of California ("Surety"). Evidence of the bond shall be provided to CITY within 10 days after the Execution Date.
2. The bond shall be conditioned upon faithful performance by CONTRACTOR of the terms and conditions of this AGREEMENT and shall be renewed to provide for continuing liability in the amount described in Paragraph 1, notwithstanding any payment or recovery thereon. The bond must be kept in full force and effect at all times during the term of this AGREEMENT. Such bond shall not be subject to cancellation except after notice to the City Manager by registered mail at least forty-five (45) days prior to the date of cancellation. Failure to maintain such surety bond may be treated by CITY as a material breach of this AGREEMENT and CITY may take such action as it deems necessary to protect CITY's interests.
3. If CITY determines that CONTRACTOR has failed to keep and perform the material covenants, conditions, and agreements in this AGREEMENT and the Procurement Documents, then CITY may require the Surety to perfonn, or may exercise or collect or cause to be exercised or collected, the obligations under the perfonnance bond. In such an event, the City Manager shall notify the Surety and give the Surety an opportunity to perform within a reasonable time. If the Surety fails to perform, the City Manager shall perform and assess the Surety on its bond for the cost of such performance.
The cost of such perfonnance includes the costs of all labor, equipment, and supplies reasonably necessary to perform the work in CONTRACTOR's absence.
4. CITY may, in its sole discretion, permit CONTRACTOR to substitute designated securities or an irrevocable letter of credit from a bank acceptable to CITY for the loans required by this section. No such substitution shall be permitted without the prior written consent of CITY.
SECTION 4. CONTRACT TERM
A. Base Tenn The term of this AGREEMENT (the "Contract Term") shall be for five (5) years. The term of this AGREEMENT shall begin on the Commencement Date.
B. Options In addition, the Parties may mutually agree to extend the Contract Tenn through a single, threeyear period (August 1, 2026 through and including July 31, 2029). CONTRACTOR shall be notified of CITY's decision to exercise the option and extend the Contract Term no later than May 31st of the same calendar year in which the Contract Base Term is set to expire (i.e., May 31, 2026). CITY reserves the right to not exercise the option term.
City of Vacaville
Agreement for the Provision of Pixed-Route and Paratransit Services May2021
page4
Item 9.g
SECTION 5. COMPENSATION
A. Base Rates Except as provided in subsection (B), CONTRACTOR shall be compensated for the actual hours operated on a monthly basis during the Contract Term at the applicable rate per revenue hour set forth in Appendix C, Form 3 Price Proposal.
B. Payments to CONTRACTOR CONTRACTOR shall be paid monthly in arrears based upon the fixed monthly expense plus the expense for all revenue hours provided, unless otherwise mutually agreed upon in writing. Each monthly payment shall be based upon the actual number of revenue hours for which CONTRACTOR is billing in that month. If this AGREEMENT is terminated before the expiration of the Contract Term, CONTRACTOR's total payment shall be computed pro-rata based on the number of revenue hours operated. In the event CITY fails to make any payment in full, as provided herein, in addition to whatever rights CONTRACTOR may have at law or in equity after providing CITY with thirty (30) days advance written notice and an opportunity to cure, CONTRACTOR has the right to declare this AGREEMENT terminated upon an additional thirty (30) days advance written notice of intent to terminate and only after providing such notice to term in ate to take such other steps as it may deem appropriate.
CONTRACTOR agrees to cooperate fully with CITY's efforts to obtain and/or maintain federal or state funds for payment. CITY agrees to remit the payment to CONTRACTOR subject to the terms of this AGREEMENT. CONTRACTOR's cooperation shall include, but not be limited to, the provision of applicable service revenue and cost information, passenger counts, and other information needed to meet any regional, state, and federal requirement or herein required for planning and reporting purposes.
C. Limit on Funding Availability CONTRACTOR expressly agrees that any costs, expenses or amounts due under or in any way related to this AGREEMENT are solely to be paid from any funds obtained from the Metropolitan Transportation Commission (MTC) or other entities providing a subsidy for these services, together with all monies collected through the fare box or other sales, and in no event shall this AGREEMENT obligate the CITY's general fund or other CITY sources of money.
D. Farebox and Other Revenues All fare and related transportation revenues are property of CITY.
CONTRACTOR shall collect all farebox receipts in sealed fare boxes, and deposit into a designated CITY bank account all receipts collected from monthly passes, prepaid tickets, etc. sold by CONTRACTOR.
CONTRACTOR shall maintain all account records and reports as required herein and in Appendix A, Scope of Worl<. CONTRACTOR shall provide evidence satisfactory to CITY that the fare and related transportation revenues collected by CONTRACTOR and reported to CITY are the amounts actually collected. CONTRACTOR shall operate the fixed-route, demand response and paratransit service during the Contract Term of this AGREEMENT pursuant to the fare structure established by the CITY.
E. Invoicing Procedures Invoices are to be submitted to CITY on a monthly basis and in the format specified by CITY. Upon verification of the accuracy and completeness of the invoice by CITY, the invoice shall be forwarded for payment to CITY Finance Department. All invoices shall be submitted to CITY by the 10th City of Vacaville
Agreement for the Provision of Fixed-Route and Paratransit Services May202l
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Item 9.g
day of the relevant month after the month that service is provided and shall be submitted to CITY's Accounts Payable section for processing within fifteen (15) working days after the date of submission.
F. Audits and Reviews CITY may at any time, and shall at a minimum on an annual basis, conduct an audit of any and/or all records kept by CONTRACTOR that are directly or indirectly related to the services provided under this AGREEMENT. Any overpayment or underpayment uncovered in such an audit may be charged or credited (as the case may be) against CONTRACTOR's future payments. Appropriate financial adjustments to future payments shall be made by CITY based upon any inconsistency, irregularity, discrepancy, under-billing or unsubstantiated billing revealed as a result of the audit. Prior to withholding payment or deducting amounts from future invoices, CITY will give notice to CONTRACTOR and provide CONTRACTOR with an opportunity to state its position on the issue presented.
G. Special Rate Adjustment Rates shall be adjusted from time to time in an amount sufficient to cover CONTRACTOR's reasonable increased costs in connection with an "Eligible Event" which is classified as a change in state or federal laws, statutes, rules, or regulations applicable to the RFP or the AGREEMENT.
Upon CONTRACTOR's assertion of an Eligible Event, CONTRACTOR and CITY shall meet and confer regarding the existence and nature of the Eligible Event and its impact on CONTRACTOR's costs.
CONTRACTOR shall bear the burden of justifying any such adjustment, and shall be deemed to have satisfied its burden upon providing substantial evidence (a) that an Eligible Event has occurred or will occur, (b) that such Eligible Event has caused or will cause CONTRACTOR to incur increased costs, and (c) that the amount of such increased costs is reasonable. CONTRACTOR shall provide CITY with such additional information as CITY may reasonably request in order to evaluate CONTRACTOR's application. If CITY determines that CONTRACTOR satisfied its burden, which determination shall not be unreasonably withheld, CITY shall use its best efforts to cause the Rate adjustment to be heard by the CITY's City Council within 90 days of CONTRACTOR's application. If CONTRACTOR submits its application before September 30 of a given year, the Rate adjustments pursuant to this section shall take effect on January 1 of the following year, unless otherwise agreed by CITY and CONTRACTOR. Rate adjustments pursuant to this section shall be established in such a manner as to cover CONTRACTOR's reasonable increased costs resulting from the Eligible Event, whether incurred before or after CONTRACTOR's application or the effective date of the Rate adjustment. As of the Signature Date, CONTRACTOR is not aware of any Eligible Event that has been enacted or promulgated but has not yet taken effect, and that would reasonably be expected to increase CONTRACTOR's costs of providing services hereunder. [REMAINDER LEFT INTENTIONALLY BLANK]
City of Vacaville
Agreement for the Provision of Fixed-Route and Paratransit Services May2021
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SECTION 6. RESPONSIBILITIES UNDER THIS AGREEMENT
A. Responsibilities of CONTRACTOR
1. CONTRACTOR shall coordinate, manage, and control all activities necessary to carry out its obligations as set forth herein this AGREEMENT and in Appendix A, Scope of Work.
2. CONTRACTOR shall provide at its sole cost all equipment and supplies necessary for the perfonnance of services under this AGREEMENT except as otherwise provided in Appendix A, Scope of Work.
B. Responsibilities of CITY CITY shall be responsible for carrying out its obligations under this AGREEMENT and as described in Appendix A, Scope of Work.
SECTION 7. NON-REGULAR SERVICES
A. In General CITY may, in its discretion, require CONTRACTOR to operate non-regular services that are in addition to the bus lines and routes set forth in Exhibit A, City Coach current route map/schedule. Except in emergency circumstances, any such request shall be made in writing, and shall be made not less than ten (10) days in advance of the date the non-regular services will be provided. In an emergency situation CITY shall give as much notice as possible and shall work in good faith with CONTRACTOR to provide non-regular services.
B. Rates and Other Terms
1. Compensation for non-regular services shall be in accordance with the actual hours operated at the applicable rate per revenue hour set forth in Appendix C, Form 3 Price Proposal.
2. Except as otherwise expressly agreed in writing by the Parties, the terms and conditions of this AGREEMENT shall apply to any non-regular services operated under this Section 7. [REMAINDER LEFT INTENTIONALLY BLANK]
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SECTION 8. CONTRACTOR PERSONNEL
A. In General
1. CONTRACTOR shall be solely responsible for the satisfactory work performance of all its employees and subcontractors as described in this AGREEMENT or the Procurement Documents, or under any reasonable performance standard established by CITY. CONTRACTOR shall be solely responsible for payment of all its employees wages and benefits and subcontractors invoices. Without any additional expense to CITY, CONTRACTOR shall comply with the requirements of employee liability, worker's compensation, unemployment insurance, social security, and disability laws, including but not limited to the Americans with Disabilities Act, and shall require all of its subcontractors to do so as well. CONTRACTOR shall hold CITY harmless from any liability, damages, claims, costs, and expenses of any nature arising from alleged violations of personnel practices, or of statutory, regulatory, or contractual obligations to employees.
2. CITY shall have the right to demand the removal from service under this AGREEMENT, for reasonable cause, any personnel (including supervisory staff) furnished by CONTRACTOR. Any such demand shall be made in writing.
3. CONTRACTOR shall not discriminate on the grounds of race, color, national origin, religion, sex, sexual orientation, age, disability, ancestry or marital status as provided for in federal, state and local laws in the performance of its obligations under this AGREEMENT.
B. General Manager CONTRACTOR shall designate a General Manager who shall oversee the proper operation of services under this AGREEMENT and who shall remain in this position for at least twentyfour (24) months, unless the CITY consents in writing (which consent shall not be unreasonably withheld) or is subject to removal pursuant to Section 8.D below. CITY reserves the right, in its sole discretion, to reject any individual proposed to take the General Manager position. If the General Manager is replaced without CITY's consent, CONTRACTOR shall be subject to a $15,000 penalty to be assessed at the CITY's sole discretion. The General Manager's job responsibilities shall solely include providing services for CITY under this AGREEMENT. In addition, CONTRACTOR shall designate the General Manager as CONTRACTOR's agent authorized to bind CONTRACTOR to performing all aspects of this AGREEMENT, who shall be available at all times, either by phone or in person, to make decisions or provide coordination as necessary. The General Manager shall be responsible for monitoring all aspects of the service, including but not limited to, ridership, quality of service, fare collection, operations, maintenance and repairs, attitudes, motivation and employee performance.
C. Safetyffraining Manager CONTRACTOR shall designate a Safetyffraining Manager who shall oversee the proper safety/training of service operation under this AGREEMENT and who shall remain in this position for at least twenty-four (24) months, unless CITY consents in writing (which consent shall not be unreasonably withheld) or is subject to removal pursuant to Section 8.D below. CITY reserves the right, in its sole discretion, to reject any individual proposed to take the Safetyffraining Manager position. If the Safetyffraining Manager is replaced without CITY's consent, CONTRACTOR shall be subject to a City of Vacaville
Agreement for the Provision of Fixed-Route and Paratransit Services May2021
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$15,000 penalty to be assessed at CITY's sole discretion. The Safety/Training Manager's job responsibilities shall solely include providing services for CITY under this AGREEMENT.
D. Changes in Key Personnel CONTRACTOR shall not, without prior written notice to and consent by CITY (which consent shall not be unreasonably withheld), remove or reassign the General Manager, Safety/Training Manager, or any key management personnel identified in CONTRACTOR's proposal, or appoint any new individual to those positions, whether in an acting or permanent capacity, at any time during the Contract Term; provided that CONTRACTOR shall have the discretion, following written notice and explanation to CITY, to remove any such individual pursuant to CONTRACTOR's established personnel policies. Such explanation shall conform with all relevant federal, state, and local laws, including but not limited to, any privacy laws.
E. Requirement for Qualified Workforce CONTRACTOR shall provide and maintain throughout the term of this AGREEMENT a sufficient number of properly qualified personnel to operate and maintain the revenue vehicles and other equipment and to provide the services required under this AGREEMENT. The number, qualifications, and class, craft, or position of the personnel provided shall be in accordance with the information submitted by CONTRACTOR in its proposal.
F. Compliance With and Alcohol Testing Policy CONTRACTOR shall provide pre-employment, postaccident, reasonable suspicion, and random drug and alcohol testing of its employees in "safetysensitive" positions, pursuant to the requirements of the Federal Transit Administration (FTA), and shall comply with 49 C.F.R. Part 655, and with other drug and alcohol testing rules and regulations as may be required by the FTA. CONTRACTOR shall submit reports of drug and alcohol tests quarterly on an approved CITY form. CONTRACTOR shall make other information regarding its surveillance program available to CITY upon request.
G. Wark er's Com pens atio n CONTRACTOR hereby certifies that it is aware of the provisions of Section 3700 et. seq. of the California Labor Code which requires every employee to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of that Labor Code, and agrees that it will comply with such provisions and submit satisfactory evidence to CITY of such insurance or self-insurance before commencing the performance of work under this AGREEMENT.
H. Additional Personnel and Services If service under this AGREEMENT is increased, requiring changes in the number of revenue vehicles, number of revenue hours, number of routes, and/or service frequency, CONTRACTOR must have available, or be able to acquire in a timely fashion, any additional personnel required for the provision of such additional service.
[REMAINDER LEFT INTENTIONALLY BLANK]
City of Vacaville
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I. EMPLOYEES OF PRIOR OPERATOR
1. If CONTRACTOR was not the operator of the CITY's transit system immediately prior to the Commencement Date, CONTRACTOR shall afford a priority in hiring to the existing employees of the prior CITY service provider in accordance with this subsection.
CONTRACTOR shall retain the qualified employees of the CITY's existing contractor or subcontractor(s) for a period of at least ninety (90) days, in accordance with California Labor Code section 1072.
2. The priority in hiring shall not require the hiring of any existing employee if CONTRACTOR determines that the employee is not qualified for the position (under the terms of this AGREEMENT or under CONTRACTOR's employment standards and personnel policies), or CONTRACTOR determines that the employee should not be hired because of unsatisfactory past employment history (such as documented disciplinary actions, habitual absenteeism, etc.), or a prior felony conviction.
The priority in hiring shall not extend to any individual who was dismissed from his or her employment for cause, and shall be extended to key management staff of the prior service provider.
J. Immigration Reform and Control Act of 1986 CONTRACTOR assumes full responsibility for verifying the identity and employment authorization of all of its employees performing work hereunder in compliance with the Immigration Reform and Control Act of 1986 and rules and regulations promulgated in connection therewith (hereinafter "IRCA"). CONTRACTOR shall indemnify and hold CITY harmless from and against any loss, damage, liability, costs or expenses arising from any noncompliance with the provisions of IRCA.
SECTION 9. VEHICLES
CITY shall provide sufficient revenue vehicles, including spares, for use by CONTRACTOR in providing the services required under this AGREEMENT, as described more particularly in the Scope of Work.
CONTRACTOR shall not operate, lease or charter CITY-provided vehicles, equipment or other assets used for any purpose other than as specified in this AGREEMENT, unless specifically authorized by CITY in writing.
SECTION 10. VEHICLE WARRANTY REPAIRS
The CITY shall be responsible for the exercise and enforcement of all warranties relating to CITYprovided equipment.
SECTION 11. MATERIALS AND EQUIPMENT
CONTRACTOR shall be responsible for the proper maintenance and repair of all materials and equipment used to provide services under this AGREEMENT as described more particularly in the Scope of Work.
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SECTION 12. INVENTORY
A. Initial Inventory CITY shall provide CONTRACTOR with an initial inventory of equipment and other property provided by CITY to be used to provide services under this AGREEMENT. The initial inventory may be added to, and the inventory list updated accordingly during the Contract Term.
8. CONTRACTOR Duty CONTRACTOR shall be responsible for returning to CITY, at the expiration or earlier termination of this AGREEMENT, property and equipment of equivalent type value (as of the date acquired} and condition as that identified in the updated initial inventory list, subject to normal wear and tear.
C. Final Inventory CITY shall conduct a final inventory during the last month of the Contract Term. If any property or equipment is determined, on the basis of a comparison of the updated initial inventory list to the final inventory list to be missing, damaged, otherwise unavailable for use, or in a condition that is in excess of ordinary wear and tear, CONTRACTOR shall be responsible for either replacing such property or equipment, or compensating CITY for its replacement value. CITY may deduct any amount due for the replacement of property or equipment from the final monthly payment due to CONTRACTOR. If the amount due for replacement exceeds the amount of the final payment CONTRACTOR shall pay CITY that excess amount within 30 days after notification from CITY.
SECTION 13. OPERATIONS FACILITY
CONTRACTOR shall be deemed to have a revocable license to use the transit building located inside the Facility during the Contract Term. This right shall not be construed as creating a lease (express or implied} or as giving rise to any of the legal rights or interests associated with a leasehold interest in property.
CONTRACTOR shall use the Facility solely for the purposes of operating service under this AGREEMENT.
CONTRACTOR's right to use the Facility may not be transferred or assigned.
SECTION 14. COMPUTER AND TECHNOLOGY REQUIREMENTS.
A. Equipment Specifications CONTRACTOR shall be responsible for the proper care and handling of any CITY provided computer equipment, as specified in the initial or any updated inventory list.
8. Hardware
1. CITY shall provide all computers and telecommunications hardware as set forth in the Scope of Work.
2. CITY shall provide "flash drives" to CONTRACTOR necessary to back-up critical files including, but not limited to, all reports, statistics, and digitally recorded phone calls ("Critical Files"}.
CONTRACTOR shall utilize flash drives to backup Critical Files.
3. Software CITY shall provide all computer software as set forth in the Scope of Work.
4. Facsimile The CITY shall provide and maintain an on-site operating facsimile machine.
City of Vacaville
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SECTION 15. FARE COLLECTION
The fare structure for the fixed-route, demand response and paratransit services shall be established by CITY and may be modified by CITY during the Contract Term. CONTRACTOR's responsibilities for fare collection shall be as set forth in the Scope of Work.
SECTION 16. SERVICE CHANGES
Changes to the services provided under this AGREEMENT may only be made pursuant to the process set forth in "Changes to Level of Service" section of the Scope of Work.
SECTION 17. OPERATION DURING A DECLARED EMERGENCY
In the event of a declared emergency by the City Council, or any City official designated by ordinance of the City Council to declare an emergency in the City of Vacaville, or where a national or state declaration of emergency necessarily includes jurisdiction over the City of Vacaville, CONTRACTOR shall deploy vehicles in the manner described by the CITY's proper authority. CITY shall compensate CONTRACTOR during such period of declared emergency for services which exceed the normal expense of operating service under this AGREEMENT.
SECTION 18. MARKETING AND ADVERTISING
CONTRACTOR shall cooperate in CITY's marketing and advertising as described more particularly in the Scope of Work. CONTRACTOR may not use the CITY name without CITY's prior written consent.
SECTION 19. PASSENGER COMPLAINTS
CONTRACTOR shall electronically track and address all passenger complaints regarding operational or service deficiencies in accordance with the following:
A. If the complaint relates to safety or serious operational deficiencies, CONTRACTOR shall;
1. Contact the person filing the complaint within 24 hours after it is filed; and
2. Investigate the complaint and file a report to CITY explaining the results of the investigation within three (3) days after the complaint is filed.
B. If the complaint is of a less serious nature (not covered by Section 20.A) CONTRACTOR shall contact the person filing the complaint, investigate the complaint, and file a report to CITY within three (3) days after the complaint is investigated and filed.
In all cases, CONTRACTOR shall make (and document) at least three (3) attempts to contact the person filing the complaint.
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City of Vacaville
Agreement for the Provision of Pixed-Route and Paratransit Services May2021
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SECTION 20. PROJECT OPERATION RECORDS AND REPORTS
A. General Duties
1. In order to document services and compliance with all requirements under this AGREEMENT, CONTRACTOR shall maintain all records as required by good business practices and as described more particularly in the Scope of Work. The records are designed to provide documentation of daily operations and will serve as a database to monitor and evaluate productivity of the services provided and the service requirements and methods.
2. National Transit Database All public transit services provided for CITY (including fixed route, demand response and special services) must be reported annually to the Federal Transit Administration in a completed National Transit Database (NTD) report. As part of the annual NTD reporting requirement, CONTRACTOR, if requested by the CITY, shall assist in on-board data sampling to statistically compute valid passenger mile data.
3. Financial Records CONTRACTOR shall establish and maintain a separate account of all project expenditures and any other relevant financial records or documents, and shall maintain complete records reflecting all farebox receipts. CONTRACTOR's financial records shall be kept on a strict accrual basis. All source documents shall be maintained for three (3) fiscal years following final payment and may be audited by CITY or the FTA at any time within this period.
4. Disadvantaged Business Enterprise (DBE) Report CONTRACTOR shall prepare an annual DBE report to be submitted no later than 30 days after the end of each CITY fiscal year. The report shall include;
a. A listing of all DBE firms used;
b. The type of procurement in which DBEs were involved; and c. A percent (by dollar amount of purchases from DBE firms) as measured against all other purchases.
d. This obligation shall survive for a period of one year following the termination or expiration of this AGREEMENT.
5. Equal Employment Opportunity (EEO) Affirmative Action Report CONTRACTOR shall maintain and implement an Equal Employment Opportunity/Affirmative Action Program and policy in accordance with FTA guidelines. CONTRACTOR shall, not later than 30 days after the end of each fiscal year prepare an EEO report which consists of the following:
a. Workforce Analysis for each job category;
b. Job Group Analysis for each job category;
c. Hiring Analysis for each job category;
d. Promotional Analysis for each job category;
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e. Termination Analysis for each job category;
f. Utilization Analysis that shows the ethnic and gender breakdown for each job category as well as indicates the short term and long-term goals for achieving underutilized minority groups; and g. Availability Analysis that compares the current workforce against the available workforce. h. This obligation shall survive for a period of one year following the termination or expiration of this AGREEMENT.
6. Surveys CITY may elect to authorize representatives of other public agencies to inspect, audit and analyze the records of CONTRACTOR in operating service under this AGREEMENT or CONTRACTOR's operation of any similar service. CITY may, in its sole discretion, obtain additional documentation of service through the use of passenger surveys. These surveys may be administered by authorized representatives of CITY or its designee. CONTRACTOR shall ensure the cooperation of all personnel with any operational procedures relating to survey work, including the distribution of survey questionnaires or other actions necessary to obtain service related information.
SECTION 21. INSPECTION OF WORK
A. In General All work (which term in this Section includes service performed, material furnished or utilized in the performance of services, and workmanship in the performance of services) shall be subject to inspection and test by the CITY to the extent practicable at all times and places during the Contract Term and any extensions thereof. All inspections by the CITY shall be made in such manner as to not unduly delay the work. The CITY shall have the right to enter the premises used by CONTRACTOR for the purpose of inspecting and auditing all data and records which pertain to CONTRACTOR's performance under this AGREEMENT.
B. Re-performance If any work performed is not in conformity with the requirements of this AGREEMENT, the CITY shall have the right to require CONTRACTOR to perform the work again in conformity with such requirements at no increase in the total contract amount. In the event CONTRACTOR fails promptly to perform the work again, the CITY shall have the right, either by contract or otherwise, to have the work performed in conformity with such requirements and charge to CONTRACTOR any costs to CITY that are directly related to the performance of such work, or terminate this AGREEMENT for default of this AGREEMENT as provided in Section 43. When the work to be performed is of such a nature that the defect cannot be corrected by re-performing the work, the CITY shall have the right to (1) declare the defect to be in default of this AGREEMENT, (2) require CONTRACTOR to immediately take all necessary steps to ensure future performance of the work in conformity with the requirements of this AGREEMENT, and (3) reduce the contract price to reflect the reduced value of the work performed. Alternatively, at CITY's sole discretion, CITY shall have the right to declare the defect to be a material breach of this AGREEMENT and terminate this AGREEMENT as provided in Section 43.
City of Vacaville
Agreement for the Provision of Fixed-Route and Paratransit Services May2021
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SECTION 22. PROJECT MANAGEMENT AND ASSESSMENTS
A. In General CONTRACTOR shall be held responsible for project management according to the operating procedures and standards in this AGREEMENT and in the RFP. CITY may, after consultation with CONTRACTOR, establish additional rules which are reasonable for the operation of transit service.
B. Operating Performance Standards
1. CONTRACTOR shall operate vehicles with due regard for the safety, comfort, and convenience of passengers and the general public.
2. Service shall be provided as scheduled or according to any adjusted schedule established by CITY, including but not limited to route modifications required as a result of a declared emergency. CITY will provide CONTRACTOR with notice of a schedule change at least ten (10) days in advance of its effective date for changes of more than three (3) trips or on more than one bus line; provided that less notice may be provided in the event of an emergency situation.
3. CONTRACTOR shall maintain on-time performance, however, CONTRACTOR shall not be held responsible for the failure to provide on-time service due to weather or traffic conditions, unavoidable vehicle malfunctions, or naturally occurring disasters, if sufficient documentation is provided to CITY.
C. Personnel Performance Standards
1. CONTRACTOR shall assure that regularly assigned vehicle operators or a trained back-up are available daily to ensure consistent and reliable service under this AGREEMENT.
2. All CONTRACTOR personnel are responsible for knowledge of the service provided under this AGREEMENT. Personnel must maintain a courteous attitude, answering to the best of their ability any questions from the public regarding the provision of service. Customer service training must include a focus on passenger relations. Personnel must also report all passenger complaints and/or operation problems to the General Manager. All passenger complaints must be reported to CITY within twenty-four (24) hours after being received.
3. Vehicle operators must accurately and completely submit the required operating reports each day.
4. While in uniform (whether on-duty or off-duty), operators must be in conformance with the uniform requirements described in the Scope of Work.
D. Liquidated Damages CITY shall have the right in its discretion to assess liquidated damages in accordance with Exhibit A, Liquidated Damages, attached hereto. CONTRACTOR shall have the opportunity to contest any liquidated damages assessed, but this shall not affect the right of CITY to invoice or deduct the amount of liquidated damages from the monthly amount due CONTRACTOR while the matter is pending, and hold such amounts in a separate account until the matter is resolved.
City of Vacaville
Agreement for the Provision of Pixed-Route and Paratransit Services May2021
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SECTION 23. INDEMNIFICATION AND WAIVER OF SUBROGATION
A Indemnity
To the fullest extent allowed by law, CONTRACTOR shall indemnify and hold harmless CITY, its officers, officials, employees and volunteers from and against all actions, causes of actions, damages, costs, liabilities, claims, losses, judgments, penalties and expenses of every type and description, including without limitation any fees and/or costs reasonably incurred by CITY's staff attorneys or contract attorneys and any and all costs, fees and expenses incurred in enforcing this provision (hereafter collectively referred to as "liabilities"), arising out of or in connection with any negligent act or omission, misconduct or other legal fault of CONTRACTOR, its officers, employees, subconsultants, subcontractors or agents in connection with the performance or nonperformance of this AGREEMENT, whether or not CITY accepted or approved any service or work product performed or provided by CONTRACTOR hereunder, and whether or not such liabilities are litigated, settled or reduced to judgment. In the event that a final decision or judgment allocates liability by determining that any portion of damages awarded is attributable to CITY's negligence or willful misconduct, CITY shall pay the portion of damages which is allocated to CITY's negligence or willful misconduct, provided that CITY shall not be liable for any passive negligence of CITY, its officers, officials, employees and volunteers in reviewing, accepting or approving any service or work product performed or provided by CONTRACTOR.
B. Obligation lo Defend
CONTRACTOR shall, upon CITY's request, defend with counsel approved by CITY (which approval shall not be unreasonably withheld), at CONTRACTOR's sole cost and expense, any action, claim, suit, cause of action or portion thereof which asserts or alleges liabilities resulting from any allegedly negligent act, omission, misconduct or other legal fault of CONTRACTOR, its officers, employees, subcontractors or agents in connection with the performance or nonperformance of this AGREEMENT, whether or not such action, claim, suit, cause of action or portion thereof is well founded or lacking in merit.
C. Insurance Policies; Termination
Acceptance of insurance certificates or endorsements required under Section 24 of this AGREEMENT does not relieve CONTRACTOR from liability under this Section 23 and shall apply to all damages and claims of every kind suffered, or alleged to have been suffered, by reason of CONTRACTOR's negligence, misconduct, or other legal fault regardless of whether or not such insurance policies shall have been determined to be applicable to any of such damages or claims for damages. CONTRACTOR's responsibility for such defense and indemnity obligations shall survive the termination or completion of this AGREEMENT for the full period of time allowed by law.
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SECTION 24. INSURANCE
A. General
The defense and indemnification obligations of this AGREEMENT are undertaken in addition to. and shall not in any way be limited by, the insurance obligations contained in this AGREEMENT. CONTRACTOR agrees to have and maintain the policies of insurance set forth in subsection C of this Section 24 below. All policies, endorsements, certificates and/or binders shall be subject to approval by CITY's Risk Management as to form and content. These requirements are subject to amendment or waiver only if so approved in writing by CITY's Risk Management. CONTRACTOR agrees to provide CITY project manager with a copy of said policies, endorsements, certificates and/or binders before work commences under this AGREEMENT. The policies shall include a waiver of subrogation endorsement by which CONTRACTOR's insurer agrees to waive all rights of subrogation against CITY, its officers, officials, employees and volunteers for losses arising from work performed by CONTRACTOR for CITY.
B. CITY Insurance
CITY is a member of the California Transit Insurance Pool (CalTIP), which provides insurance for CITY transit system operations. Subject to the payment of premiums and deductibles by CONTRACTOR as set forth in greater detail in this Section 24, CITY will provide general and auto liability and auto physical damage insurance for injuries to persons, damage to property, and damage to CITY transit fleet vehicles which may arise out of or in connection with CITY transit system operations.
CITY insurance shall include the following:
General and Auto Liability Limit: $20,000,000 per occurrence (primal}' and excess limits combined) Includes coverage for third party bodily injury, personal injury and property damage. $25,000 deductible per occurrence
Limit: Up to value of the vehicle Auto Physical Damage
Includes coverage for physical damage to CITY transit system fleet vehicles. $5,000 deductible per occurrence
C. CONTRACTOR Insurance
CONTRACTOR shall procure and maintain at its own expense at all times during the term of this AGREEMENT insurance coverage with companies licensed to do business in the State of California.
CONTRACTOR insurance shall cover claims for injuries to persons, damage to property or economic losses which may arise out of or in connection with CONTRACTOR's performance or non-performance of work. It shall be a requirement under this AGREEMENT that any available insurance proceeds broader than or in excess of the specified minimum insurance requirements and/or limits shall be available to CITY as an Additional Insured. Furthermore, the requirements for coverage and limits shall be (1) the minimum coverage and limits specified in this AGREEMENT; or (2) the broader coverage and maximum limits of coverage of any City of Vacaville
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insurance policy or proceeds available to the named insured; whichever is greater. No representation is made that the minimum Insurance requirements of this AGREEMENT are sufficient to cover the obligations of CONTRACTOR under this AGREEMENT.
CONTRACTOR shall procure and maintain insurance against claims for injuries to persons, damage to property or economic losses which may arise from or in connection with the performance of the work hereunder and the results of that work by CONTRACTOR, its agents, representatives, employees or subcontractors.
CONTRACTOR agrees that in the event of loss due to any of the perils for which it has agreed to provide insurance, CONTRACTOR shall look first to its insurance for recovery. CONTRACTOR hereby grants to CITY, on behalf of any insurer providing insurance to either CONTRACTOR or CITY with respect to the services of CONTRACTOR herein, a waiver of any right to subrogation, which any such insurer of said CONTRACTOR may acquire against CITY by virtue of the payment of any loss under such insurance.
Original signed certificates and separate policy endorsements naming the City of Vacaville as Additional Insured for general liability, and a waiver of subrogation for Workers' Compensation shall be received and approved by CITY before the Commencement Date. However, failure to do so shall not operate as waiver of these insurance requirements.
CONTRACTOR's insurance shall include the following:
Required Coverage Minimum Limits
General Liability
Minimum coverage $5,000,000 per occurrence/$10,000,000
aggregate.
Includes coverage for third party bodily injury, personal injury and property damage. Policy shall be endorsed to name the City of Vacaville as an additional insured per the conditions detailed below.
Employment Practices Liability Minimum coverage $1,000,000 per occurrence/$2,000,000 aggregate.
Including but not limited to claims arising out of discrimination, sexual harassment, and wrongful termination, claimed by an employee, former employee or applicant for employment.
Workers' Compensation and Statutory limits as required by the State of California including Employers' Liability $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.
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Required Policy Conditions
Additional Insured Endorsement
Primary and Noncontributory
Endorsement
Waiver of Subrogation
Endorsement
Self -Insured Retentions
A. M. Best Rating
Other Insurance-Related
Obligations
Payment of City Insurance
Premiums
City of Vacaville
Applicable to General Liability.
The City of Vacaville, its officers, officials, employees, agents and volunteers are to be named as additional insured for all liability arising out of, or in any way caused, in whole or in part, actively or passively, by the named insured in the performance of this AGREEMENT. All coverage available to the named insured shall also be available and applicable to the additional 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 CONTRACTOR's general liability policy shall be primary and noncontributory and will not seek contribution from the CITY's insurance or self-insurance and shall be at least as broad as ISO Form CG 20 01 04 13.
CONTRACTOR's insurer will provide a Waiver of Subrogation endorsement in favor of CITY for Workers Compensation coverage during the life of this AGREEMENT.
Any self-insured retention (SIR) over $25,000 must be disclosed to and approved by CITY's Risk Management and shall not reduce the limits of liability.
Any insurance policies containing any self-insured retention (SIR) provision shall provide or be endorsed to provide that the SIR may be satisfied by either the named Insured or the CITY.
A-:VII or better. If the A.M. Best Rating falls below the required rating, CONTRACTOR must replace coverage immediately and provide prompt notice to CITY.
Premiums for the CITY insurance as described in Section 24 B shall be divided equally between the parties. CITY shall provide CONTRACTOR with prompt notice of the annual costs of such premiums and shall invoice CONTRACTOR for its share of the costs, which CONTRACTOR shall pay to CITY in a single payment within thirty (30) days of the date of invoice.
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Payment of General and Auto
Liability Claim Deductibles
Payment of Auto Physical
Damage Claim Deductibles
City of Vacaville
For preventable accidents (meaning CONTRACTOR is partially or fully responsible for an accident, as determine by a police report), CONTRACTOR shall be responsible for payment of 100% of all CITY deductible costs associated with third party claims filed against CITY's general and auto liability insurance.
For non-preventable accidents (meaning a third party is solely responsible for an accident, as determine by a police report), CONTRACTOR shall not be responsible for payment of any
CITY deductible costs associated with third party claims filed against CITY'S general and auto liability insurance. For any accident where a police report is not generated or available, the determination whether an accident is preventable or nonpreventable shall be made by CITY. Deductible for liability insurance claims is $25,000 per occurrence.
CITY shall invoice CONTRACTOR for the amount of reimbursement due on a quarterly basis, which CONTRACTOR shall pay to CITY in a single payment within thirty (30) days of the date of invoice.
If upon receipt of an invoice, CONTRACTOR desires to dispute any amount listed on the invoice, CONTRACTOR shall notify CITY in writing within ten (10) business days of CONTRACTOR's receipt of such invoice explaining the reasons for disputing such amount.
For preventable accidents (meaning CONTRACTOR is partially or fully responsible for an accident, as determined by a police report), CONTRACTOR shall be responsible for payment of 100% of all CITY deductible costs associated with third party claims filed against CITY's auto physical damage insurance. Deductible for auto physical damage claims is $5,000 per occurrence.
For non-preventable accidents (meaning a third party is solely responsible for an accident, as determined by a police report), CONTRACTOR shall not be responsible for payment of any CITY deductible costs associated with third party claims filed against CITY's general and auto liability insurance. For any accident where a police report is not generated or available, the determination whether an accident is preventable or non-preventable shall be made by CITY.
CITY shall invoice CONTRACTOR for the amount of reimbursement due on a quarterly basis, which CONTRACTOR shall pay to CITY in a single payment within thirty (30) days of the date of invoice.
If upon receipt of an invoice, CONTRACTOR desires to dispute any amount listed on the invoice, CONTRACTOR shall notify CITY in writing within ten (10) business days of CONTRACTOR's receipt of such invoice explaining the reasons for disputing such amount.
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Notice of Claim CONTRACTOR shall provide written notice within five (5) business days to CITY's Public Works Manager and City Attorney's office of any occurrence, accident, loss, incident or event (collectively "occurrence") which might give rise to a third party claim. Such notice shall include date, time, place and circumstance of the occurrence including the names and contact information of any potential claimants and all know witnesses.
Investigation of Claim CONTRACTOR shall not engage in any investigation or settlement of any occurrence unless specifically authorized in writing by CITY's Risk Management. CONTRACTOR shall cooperate with CITY and its CalTIP claims adjusted in the performance of any investigation or settlement.
Limits of Coverage CONTRACTOR agrees that, except as expressly provided herein, the insurance policies procured by CITY as described in Section 24 B do not include or insure CONTRACTOR against any employment liability or criminal acts performed by CONTRACTOR or its officers, officials, employees, agents or volunteers whether on or off duty.
2. Umbrella/Excess Liability Policies
The limits of Insurance required in this AGREEMENT may be satisfied by a combination of primary and umbrella or excess Insurance. Any umbrella or excess Insurance shall contain or be endorsed to contain a provision that such coverage shall be at least as broad as specified for the underlying coverages and cover those insured in the underlying policies.
3. Claims-Made Policies
If any insurance policy is written on a claims-made form, the following conditions apply: 1) the retroactive date must be shown and must be before the Execution Date, 2) the insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work, and 3) if coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the effective Execution Date, CONTRACTOR must purchase an extended period coverage for a minimum of five (5) years after termination of this AGREEMENT.
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4. Subcontractors
CONTRACTOR shall include the following language in their agreement with subcontractors:
"Subcontractor agrees to be bound to CONTRACTOR and CITY in the same manner and to the same extent as CONTRACTOR is bound to CITY under the AGREEMENT entered into under CITY's Request for Proposals No. 2021-01. Subcontractor further agrees to include the same requirements and provisions of this AGREEMENT, including the indemnity and insurance requirements, with any sub-subcontractor to the extent they apply to the scope of the sub-subcontractor's work. A copy of the AGREEMENT's indemnity and insurance provisions will be furnished to the subcontractor upon request." CONTRACTOR is responsible for verifying subcontractors' insurance policies and endorsements. CONTRACTOR agrees to furnish to CITY upon request, proof of insurance coverage for CONTRACTOR's subcontractors. CONTRACTOR agrees to defend and indemnify CITY for any damage resulting to it from failure of either CONTRACTOR or any subcontractor to take out or maintain the required insurance policies. The fact that insurance is obtained by CONTRACTOR, and/or CONTRACTOR's subcontractors, will not be deemed to release or diminish the liability of CONTRACTOR, including, without limitation, liability under the indemnity provisions of this AGREEMENT. Damages recoverable by CITY from CONTRACTOR or any third party will not be limited by the amount of the required insurance coverage.
5. Verification of Coverage
All original signed certificates and separate policy endorsements naming the City of Vacaville as Additional Insured for general liability, and a waiver of subrogation for Workers' Compensation Insurance shall be received and approved by CITY before the Commencement Date. However, failure to do so shall not operate as a waiver of these insurance requirements. CITY reserves the right to obtain full certified copy of any insurance policy and endorsements. Failure to exercise this right shall not constitute a waiver of right to exercise later. Insurance certificates and required endorsements may be emailed or faxed to CITY's Project Manager. However, CONTRACTOR must mail the original certificates and endorsements to CITY's Project Manager once emailed or faxed.
CITY's Project Manager
NAME:
ADDRESS:
EMAIL:
PHONE:
6. Continuous Coverage
Lori DaMassa, Management Analyst II
City of Vacaville
1001 Allison Drive
Vacaville CA 95687
[email protected]
(707) 469-6575
CONTRACTOR shall maintain the required insurance for a period of at least one hundred and eighty (180) days (except as required under Claims-Made Policies) after final payment has been made by CITY to CONTRACTOR pursuant to this AGREEMENT. Should CONTRACTOR cease to have insurance as required during this time, all work by CONTRACTOR pursuant to this AGREEMENT City of Vacaville May 2021
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shall cease until insurance acceptable to CITY is provided. Maintenance of proper insurance coverage is a material element of this AGREEMENT. Failure to maintain or renew coverage or to provide evidence of renewal may be treated by CITY as a material breach of this AGREEMENT. In the event that CONTRACTOR fails to comply with CITY's insurance requirements, CITY may take such action as it deems necessary to protect CITY's interests. Such action may include but is not limited to termination of this AGREEMENT, withholding of payments, or other actions as CITY deems appropriate.
If services or the scope of work extend beyond the expiration dates of the required insurance policies initially approved by CITY, CONTRACTOR must provide updated certificates and endorsements indicating that the required coverage, terms and conditions are still in place. Renewal certificates and updated endorsements shall be mailed to CITY's Project Manager.
7. Consistent with Public Policy
The insuring provisions, insofar as they may be judged to be against public policy shall be void and unenforceable only to the minimum extent necessary so that the remaining terms and provisions herein may be consistent with public policy and thus enforceable.
SECTION 25. CERTIFICATION REGARDING LOBBYING
CONTRACTOR has provided CITY with a certification regarding lobbying as required by 31 U.S.C. 1352 and 49 C.F.R. Part 19, Appendix A .
SECTION 26. DISADVANTAGED BUSINESS ENTERPRISE
It is the policy of CITY that Disadvantaged Business Enterprises (DBEs), as defined in 49 C.F.R. Part 26, shall have the maximum feasible opportunity to participate in the performance of contracts and subcontracts financed under this AGREEMENT. CONTRACTOR is encouraged to use DBEs to the maximum extent feasible in the performance of contracts and subcontracts for the services provided under this AGREEMENT.
SECTION 27. COMPLIANCE WITH LAWS AND PERMITS
A. In General CONTRACTOR shall give all notices and comply with all existing and future federal, state, and local laws, ordinances, rules, regulations, and orders of any public authority relating to the performance of this AGREEMENT, including but not limited to, the laws referred to in this AGREEMENT and in the other Procurement Documents. If these AGREEMENT documents are at variance therewith in any respect, any necessary changes shall be incorporated by appropriate modification. Upon request, CONTRACTOR shall furnish to CITY certificates of compliance with all such laws, orders and regulations.
B. Federal Clauses Certain specific Federal requirements that may be applicable to CONTRACTOR and to the services provided under this AGREEMENT are set forth in the Federal Clauses, Appendix B.
CONTRACTOR shall comply with all such Federal requirements and clauses.
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SECTION 28. NO FEDERAL GOVERNMENT OBLIGATIONS
The Federal Government shall not be subject to any obligations or liabilities of CONTRACTOR or any other person other than CITY in connection with the perfonmance of this AGREEMENT. Notwithstanding any concurrence that may be provided by the Federal Government in or approval of any solicitation or contract, the Federal Government has no obligations or liabilities to any party, including CONTRACTOR.
SECTION 29. DISPUTES
A. In General Any dispute between CONTRACTOR and CITY relating to the implementation or administration of this AGREEMENT shall be subject to resolution in accordance with this Section 29.
B. Decision Process The parties shall first attempt to resolve the dispute informally in meetings or communications between CONTRACTOR and the Fleet and Transit Manager. If the dispute remains unresolved fifteen (15) days after it is brought to CITY's or CONTRACTOR's attention, CONTRACTOR may request that the Director of Public Works hear the dispute and issue a recommended decision on the matter in dispute. The Director of Public Works shall issue the recommended decision in writing and provide a copy to CONTRACTOR.
C. Review Process The recommended decision of the Director of Public Works shall become final unless, within fifteen (15) days of receipt of such recommended decision, CONTRACTOR submits a written request for review to the City Manager. If the dispute remains unresolved after hearing and review by the City Manager, either party may seek resolution of the dispute through written request for review to the City Council. In connection with any such review, CONTRACTOR and the City Manager shall be afforded an opportunity to be heard and to offer evidence on the issues presented.
D. Continuing Duty Pending final resolution of a dispute under this Section 29, CONTRACTOR shall proceed diligently with perfonmance in accordance with this AGREEMENT and the recommended decision of the City Manager.
SECTION 30. ASSIGNMENT
A. CONTRACTOR The CITY has awarded this AGREEMENT in reliance on the particular expertise, skills, experience, and ability of CONTRACTOR. CONTRACTOR may not assign this AGREEMENT (or any portion hereof), nor shall CONTRACTOR transfer its interests, rights, duties, or responsibilities under this AGREEMENT, unless CITY in its sole discretion grants prior written approval thereto. This requirement for approval extends to any merger or consolidation involving CONTRACTOR which would cause its responsibilities under this AGREEMENT to be assumed by or transferred to a new, different, or restructured entity. This provision is separate and apart from the provisions concerning subcontracting set forth in Section 31.
B. CITY The CITY reserves the right to assign its responsibilities under this AGREEMENT to any existing or future governmental entity for the provision of public transportation services. Such assignment shall constitute a complete novation of this AGREEMENT, and receipt by CONTRACTOR from CITY of sums City of Vacaville
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then due and payable for services rendered pursuant to this AGREEMENT prior to assignment shall constitute complete accord and satisfaction between CITY and CONTRACTOR.
SECTION 31. SUBCONTRACTING
CONTRACTOR shall not enter into any subcontract for any portion of the work required hereunder without the prior review and written approval of CITY. In any such case in which CONTRACTOR desires to enter into such a subcontract, it shall provide CITY with all proposed subcontracting agreements and documents, including scope of work and terms of compensation. CONTRACTOR shall be fully responsible for all work performed by any subcontractor.
Further, the entering into of a subcontract shall not, under any circumstances, relieve CONTRACTOR of its obligations, responsibilities, and liabilities under this AGREEMENT. All transactions and communications with CITY regarding the performance of this AGREEMENT must be through CONTRACTOR. Any approval of a subcontract shall not be construed as making CITY a party to such subcontract, giving the subcontractor privily of contract with CITY, or subjecting CITY to liability of any kind to any subcontractor.
SECTION 32. INDEPENDENT CONTRACTOR
Under the terms of this AGREEMENT, CONTRACTOR is an independent contractor and has and retains full control and supervision of the services it performs and also has full control over the employment and direct compensation and discharge of all persons, other than CITY representatives, assisting in the performance of its services. CONTRACTOR agrees to be solely responsible for all matters relating to wages, hours of work, and working conditions and payment of employees (including the negotiation of labor agreements, if applicable), and for compliance with social security, all payroll taxes and withholdings, unemployment compensation, and all other requirements relating to such matters. CONTRACTOR agrees to be responsible for its own acts and those of its subordinates, employees, and any and all subcontractors during the term of this AGREEMENT. CONTRACTOR will be required to comply fully with the worker's compensation laws of the State of California regarding its employees, and to indemnify and hold harmless CITY from any failure to comply with such laws. CONTRACTOR shall conduct all work in CONTRACTOR's own name and as an independent CONTRACTOR and not in the name of, or as an agent for, CITY.
Furthermore, it is understood and agreed that CONTRACTOR (including CONTRACTOR's employees), in the performance of the work and services agreed to be performed by CONTRACTOR, shall act as and be an independent contractor and not an agent or employee of CITY; and, as an independent contractor, neither CONTRACTOR nor CONTRACTOR's employees shall have any rights to retirement benefits or other benefits that accrue to CITY's employees and CONTRACTOR hereby expressly waives any claim it or its employees may have to any such benefits or rights.
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Item 9.g
SECTION 33. CONFLICTS OF INTEREST
A. Individual Conflicts No City Council Member of CITY nor member of the staff of CITY shall participate in the award or administration of this AGREEMENT if a conflict of interest, real or apparent, would be involved. Such a conflict shall be determined in accordance with the Conflict of Interest Code adopted by the City Council and applicable federal and state laws and regulations.
B. Pecuniary Interests The City Council Members and staff shall neither solicit, demand, nor accept from any person anything of a pecuniary value for or because of any action taken or to be taken in the performance of their duties under this AGREEMENT.
C. Organizational Conflict of Interest. Prior to entering into this AGREEMENT, CONTRACTOR was required to inform CITY of any real or apparent organizational conflict of interest. Such organizational conflicts of interest exists when the nature of the work to be performed under a contract may, without some restriction on future activities, result in an unfair competitive advantage to CONTRACTOR, or may affect CONTRACTOR's objectivity in performing the services provided under this AGREEMENT.
CONTRACTOR shall promptly inform CITY if any such organizational conflict of interest arises during the term of this AGREEMENT.
SECTION 34. DEBARMENT/SUSPENSION STATUS
CONTRACTOR has provided CITY with a certification addressing its debarment and suspension status and that of its principals. During the term of this AGREEMENT, CONTRACTOR shall inform CITY, in writing, of any change in the suspension or debarment status of CONTRACTOR or its principals within ten (10) days after such change occurs.
SECTION 35. FORCE MAJEURE
CONTRACTOR shall not be liable for any delay or failure to perform if acceptable evidence has been submitted to CITY that such delay or failure to perform this AGREEMENT was due to causes beyond the control and without the fault or negligence of CONTRACTOR. Examples of such causes include acts of God or of the public enemy or threats thereof, changes in laws or regulations, civil disturbances, fire, war, or floods, but do not include labor related incidents, such as strikes or work stoppages, or the novel coronavirus Covid-19 pandemic which is ongoing as of the date of the execution of this AGREEMENT.
CITY shall not be liable to CONTRACTOR for any failure to perform under this AGREEMENT where such failure is due to causes beyond the control and without the fault or negligence of CITY. Examples of such causes include acts of God or of the public enemy or threats thereof, changes in laws or regulations, civil disturbances, fire, war, floods, labor related incidents (such as strikes or work stoppages), or the novel coronavirus Covid-19 pandemic which is ongoing as of the date of the execution of this AGREEMENT. [REMAINDER LEFT INTENTIONALLY BLANK]
City of Vacaville
Agreement for the Provision of Fixed-Route and Paratransit Services May202I
page 26
Item 9.g
SECTION 36. REPLACEMENT SERVICES
A. General Authority In the event that CONTRACTOR is unable. due to a strike, work stoppage, bankruptcy or other financial distress, or other event not caused by CITY and not covered by Section 35 to provide services in full compliance with the requirements of this AGREEMENT, then CITY may (independent of finding CONTRACTOR in default or material breach of this AGREEMENT) obtain the services of a replacement operator or provide the services with its own resources (collectively referred to as "replacement services"). CITY may utilize such replacement services as a substitute for all or any part of CONTRACTOR's services, and may maintain such replacement services in effect until either:
1. CONTRACTOR is able to resume performance in full compliance with this AGREEMENT; or
2. CITY procures a permanent replacement contractor; prior to implementing permanent replacement services CITY shall notify CONTRACTOR in writing and provide CONTRACTOR three (3) days in which to cure its noncompliance.
B. Liability If CITY utilizes replacement services under this Section 36, CONTRACTOR shall be liable to CITY for the actual amount by which the cost of such services exceeds the amount that would have been payable under this AGREEMENT for comparable services, including but not limited to any expenses (including internal administrative costs) incurred by CITY in soliciting and obtaining those services. During the period in which any replacement services are provided, the only compensation payable to CONTRACTOR shall be for any hours of service CONTRACTOR actually provides.
C. Savings Clause Any action taken by CITY pursuant to this Section 36 in response to CONTRACTOR's failure to perform shall not preclude CITY from subsequently finding CONTRACTOR in default or material breach of this AGREEMENT for the same or any related failure to perform, or any other default or material breach (whether concurrent or in the future).
D. Contingency Staffing Plan If required by CITY, CONTRACTOR shall develop and provide to CITY (through briefings or other appropriate means) a Contingency Plan to assure the continued and uninterrupted operation of services under this AGREEMENT in the event of any strike or work stoppage engaged in by CONTRACTOR's employees. The Contingency Plan shall set forth all steps to be taken by CONTRACTOR to assure compliance with the requirements set forth in this Section 36, including plans for solicitation of replacement workers, hiring and training of workers, use of subcontractors, and reliance upon CONTRACTOR management staff and personnel from other operations.
SECTION 37. LICENSING, PERMITS, AND TAXES
CONTRACTOR shall be appropriately licensed for the services to be performed under this AGREEMENT.
The cost for any required licenses or permits shall be the responsibility of CONTRACTOR, other than the licensing fees for the revenue vehicles paid by CITY. CONTRACTOR is liable for all taxes due as a result of performance of services under this AGREEMENT.
City of Vacaville
Agreement for the Provision of Fixed-Route and Paratransit Services May 2021
page 27
Item 9.g
SECTION 38. AUDIT AND INSPECTION OF RECORDS
CONTRACTOR agrees that CITY, the Comptroller General of the United States, and the Secretary of Transportation, or any of their duly authorized representatives, shall, for the purpose of audit and examination, be permitted to inspect all work, materials, payrolls, and other data and records, and to audit the books, records, and accounts relating to the performance of this AGREEMENT. Further, CONTRACTOR agrees to maintain all required records for at least three (3) years after CITY has made final payment and all other pending matters related to this AGREEMENT or the services provided hereunder are resolved.
SECTION 39. WAIVER OF TERMS AND CONDITIONS
Unless specifically provided otherwise herein, the failure of CITY or CONTRACTOR to enforce one or more of the terms or conditions of this AGREEMENT or to exercise any of its rights or privileges, or the waiver by CITY of any breach of such terms or conditions, shall not be construed as thereafter waiving any such terms, conditions, rights, or privileges, and the same shall continue and remain in force and effect as if no waiver had occurred.
SECTION 40. CANCELLATION OF CONTRACT
A. In any of the following cases, CITY shall have the right to cancel this AGREEMENT immediately upon notice to CONTRACTOR and without expense to CITY.
1. CONTRACTOR is guilty of misrepresentation; or
2. This AGREEMENT is obtained by fraud, collusion, conspiracy, or other unlawful means; or
3. This AGREEMENT conflicts with any statutory or constitutional provision of the State of California or the United States.
B. This Section 40 shall not be construed to limit CITY's right to terminate this AGREEMENT for convenience, as provided in Section 41, or default or material breach, as provided in Section 43.
SECTION 41. TERMINATION FOR CONVENIENCE
A. General
1. The performance of work under this AGREEMENT may be terminated by CITY in accordance with this Section 41 in whole, or from time to time in part, whenever the City Council determines, upon recommendation of the City Manager, that such termination is in the best interest of CITY. Any such termination shall be effected by delivery to CONTRACTOR of a notice of termination specifying the extent to which performance of work under this AGREEMENT is terminated and the date upon which such termination becomes effective.
2. Under no circumstances shall CONTRACTOR be entitled to anticipatory or unearned profits or consequential damages as a result of a termination or partial termination under this Section 41 or for any other termination by CITY. The payment to CONTRACTOR determined in accordance with this Section 41 shall constitute the exclusive remedy of CONTRACTOR for a termination hereunder.
City of Vacaville
Agreement for the Provision of Fixed-Route and Paratransit Services May 2021
page 28
Item 9.g
B. Actions upon Notice. Upon receipt of a notice of termination, and except as otherwise directed by the City Manager, CONTRACTOR shall:
1. Stop work under this AGREEMENT on the date and to the extent specified in the notice of termination;
2. Place no further orders or subcontracts for materials, services, or facilities, except as may be necessary for completion of such portion of the work under this AGREEMENT as is not terminated;
3. Terminate all orders and subcontracts to the extent that they relate to the performance of work terminated by the notice of termination;
4. Assign to CITY in the manner, at the times, and to the extent directed by the City Manager, all of the rights, title and interest of CONTRACTOR under the orders and subcontracts so terminated;
5. Settle all outstanding liabilities and all claims arising out of such termination of orders and subcontracts, with the approval or ratification of CITY, to the extent the City Manager may require, which approval or ratification shall be final for all the purposes of this Section 41;
6. Transfer title to CITY and deliver in the manner, at the times, and to the extent directed by the City Manager, supplies, equipment, and other material, if any, produced as a part of, or acquired in connection with the performance of the work terminated, and any information and other property which, if this AGREMENT had been completed, would have been required to be furnished to CITY;
7. Complete any such part of the work as shall not have been terminated by the notice of termination; and
8. Take such action as may be necessary, or as the City Manager may direct, for the protection and preservation of the property related to this AGREEMENT which is in the possession of CONTRACTOR and in which CITY has or may acquire an interest.
Payments by CITY to CONTRACTOR shall be made by the date of termination but not thereafter. Except as otherwise provided, settlement of claims by CONTRACTOR under this Section 41 shall be in accordance with the provisions set forth in 48 C.F.R. Part 49, as amended from time to time.
SECTION 42. TERMINATION BY MUTUAL AGREEMENT
This AGREEMENT may be terminated by mutual agreement of the parties. Such termination shall be effective in accordance with a written agreement by the parties. Any other act of termination shall be in accordance with the termination by convenience contained in Section 41 or default or material breach provisions contained in Section 43.
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City of Vacaville
Agreement for the Provision of Fixed-Route and Paratransit Services May2021
page 29
Item 9.g
SECTION 43. TERMINATION FOR DEFAULT OR MATERIAL BREACH
A. In General Subject to the provisions of Subsection C of this Section 43, CITY may terminate the whole or any part of this AGREEMENT in any one of the following circumstances:
1. If CONTRACTOR fails to provide the services in the manner required by this AGREEMENT;
2. If CONTRACTOR fails to perform any of the provisions of this AGREEMENT in accordance with its terms (including but not limited to those areas noted to be a material breach for failure to adhere to the requirement (e.g., failure to maintain surety bond as required under Section 3, subpart C, subsection 2 of this AGREEMENT));
3. If CONTRACTOR fails to make progress in the prosecution of the work under this AGREEMENT so as to endanger such performance; or
4. If CONTRACTOR files for bankruptcy, becomes insolvent, or is unable or otherwise fails to pay or otherwise satisfy, in the ordinary course of business, its financial obligations to its suppliers, subcontractors, or employees.
B. Re-procurement. In the event that CITY terminates this AGREEMENT in whole or in part as provided in Subsection A of this Section 43, CITY may procure, upon such terms, and in such manner as the City Manager may deem appropriate, supplies or services similar to those so terminated. CONTRACTOR shall be liable to CITY for costs associated with the termination of this AGREEMENT, the procurement of replacement services by CITY, any excess costs of such similar supplies or services, and any increase in the total contract cost as a result of the re-procurement of services from the date of termination to the expiration of the Execution Date. CONTRACTOR shall continue the performance of this AGREEMENT to the extent not terminated under the provisions of this Section 43. Any disputes arising under this Section 43 that cannot be resolved by CONTRACTOR and CITY are subject to resolution pursuant to Section 29, Disputes, of this AGREEMENT.
C. Notice
1. Default If CITY determines that an event of default under this Section 43 has occurred, it shall immediately notify CONTRACTOR in writing and provide CONTRACTOR with (10) days in which to cure such default. If CONTRACTOR fails to cure within such time period, or to commence and, in CITY's sole determination, diligently pursue a cure in cases of a default which cannot be cured within a ten-day period, CITY may declare CONTRACTOR to be in default and terminate this AGREEMENT in whole or in part.
2. Material Breach If CITY determines that an event of material breach has occurred under this AGREEMENT, it may, but is not obligated to, notify CONTRACTOR in writing and provide CONTRACTOR with (10) days in which to cure such breach. Alternatively, CITY may declare such material breach incurable and terminate this AGREEMENT in whole or in part.
D. Claims Except as otherwise provided, settlement of claims by CONTRACTOR under this Section 43 shall be in accordance to the provisions set forth in 48 C.F.R. Part 49, as amended from time to time.
City of Vacaville
Agreement for the Provision of Fixed-Route and Paratransit Se1vices May202l
page 30
Item 9.g
E. Transition to Future Contractor For up to sixty (60) days following the effective date of the expiration or termination of this AGREEMENT for any reason, CONTRACTOR shall provide to either CITY or to any future CONTRACTOR(s) selected by CITY, CONTRACTOR's full cooperation in the transition to the successor CONTRACTOR(s). This shall include, as a minimum, consultation regarding labor and management issues (including a delineation of wage and benefits by employee category), access to nonconfidential personnel and maintenance files. CONTRACTOR's telephone equipment shall be made available to the successor contractor(s) pending installation of the new contractor's(s') equipment.
CONTRACTOR shall release the telephone number(s) used for public information inquiries and any sequential roll-over numbers to the new contractor(s). CONTRACTOR shall provide its best professional effort to assure a smooth transition from CONTRACTOR's services to new contractor's(s') services, and shall cooperate fully with CITY and the new contractor(s) to this end.
SECTION 44. AVAILABILITY OF FUNDS
The obligations of CITY under this AGREEMENT are subject to the availability of public funds and vehicles in its current and subsequent year budgets adequate to carry out the provisions of this AGREEMENT in full.
SECTION 45. SEVERABILITY
In the event any provision of this AGREEMENT is declared or determined to be unlawful, invalid, or unconstitutional, such declaration shall not affect in any manner, the legality of the remaining provisions of this AGREEMENT, and each provision of this AGREEMENT will be and is deemed to be separate and severable from each other provision.
SECTION 46. INTERPRETATION, JURISDICTION AND VENUE
Each party has reviewed this AGREEMENT and any question of doubtful interpretation shall not be resolved by any rule or interpretation providing for interpretation against the drafting party. This AGREEMENT shall be construed as if both parties drafted it. The captions and headings contained herein are for convenience only and shall not affect the meaning or interpretation of this AGREEMENT. This AGREEMENT shall be subject to, governed by, and construed and interpreted solely according to the laws of the State of California. CONTRACTOR hereby consents and agrees that venue shall be exclusively vested in the state courts of the County of Solano or, where otherwise appropriate, exclusively in the United States District Court, Eastern District of California, Sacramento, California, for adjudication of any suit or cause of action arising under or in connection with this AGREEMENT or the Procurement Documents, or the performance of any of the foregoing.
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City of Vacaville
Agreement for the Provision of Fixed-Route and Paratransit Services May 2021
page 31
Item 9.g
SECTION 47. CLAIMS AGAINST CITY
In the event any claim or cause of action is brought against CITY by CONTRACTOR, its officers, employees, subconsultants, subcontractors, or agents in connection with the performance or nonperformance or arising out of or in any way connected to this AGREEMENT or the duties and obligations contemplated herein, CONTRACTOR, its officers, employees, subconsultants, subcontractors, or agents must comply with Vacaville Municipal Code (VMC) Chapter 1.10, as may be amended from time to time. Any claims arising out of or in any way connected to this AGREEMENT, the performance or non-performance hereof, or the duties and obligations contemplated herein must be presented in writing to CITY no later than six (6) months after the accrual of the cause of action and such claims shall be governed by the provisions of VMC Chapter 1.10, as may be amended from time to time. No lawsuit, complaint, or cause of action arising out of or in any way connected with the AGREEMENT, the performance or non-performance hereof, or the duties and obligations contemplated herein may be brought against CITY, or any officer, employee, board, commission, or authority of CITY, until a written claim has been presented to the CITY Council (by and through the CITY Clerk) and has been acted upon or has been deemed to have been rejected by CITY.
SECTION 48. NOTICES AND OFFICIAL RECEIPT
Any notice or communication relating to this AGREEMENT or required hereunder between the parties shall be in writing, and may be given either personally or by registered or certified mail (return receipt requested). If given by registered or certified mail, such notice or communication shall be deemed to have been given and received on the first to occur of: (i) actual receipt by any of the addressees designated below as the party to whom notices are to be sent, or (ii) five days after a registered or certified letter containing such notice, properly addressed, with postage prepaid, is deposited in the United States Mail. If personally delivered, a notice shall be deemed to have been given when delivered to the party to whom it is addressed.
Such notices or communications shall be given to the parties at their respective addresses set forth below:
For CITY:
For CONTRACTOR:
Director of Public Works
c/o City of Vacaville
650 Merchant Street
Vacaville, CA 95688
First Transit, Inc.
600 Vine Street, Ste. 1400
Cincinnati, OH 45202
SECTION 49. SIGNATOR'S WARRANTY
Each party warrants to each other party that he or she is fully authorized and competent to enter into this AGREEMENT in the capacity indicated by his or her signature and agrees to be bound by this AGREEMENT.
City of Vacaville
Agreement for the Provision of Fixed-Route and Paratransit Services May202I
page 32
Item 9.g
SECTION 50. COUNTERPART AND ELECTRONIC SIGNATURE
As permitted under the U.S. Electronic Signatures in Global and National Commerce (ESIGN) Act of 2000, and the Uniform Electronic Transactions Act (UETA), the parties hereby agree to conduct this transaction by electronic means. This AGREEMENT may be executed through an electronic signature and may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. The parties agree that the electronic signatures appearing on this AGREEMENT are intended by each party using it to have the same force and effect as the use of a manual signature for the purposes of validity, enforceability, and admissibility.
SECTION 51. PRIOR AGREEMENTS AND AMENDMENTS
This AGREEMENT, including all attachments attached hereto, represents the entire understanding of the parties as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered hereunder. This AGREEMENT may only be modified by a written amendment duly executed by the parties to this AGREEMENT.
IN WITNESS W HEREOF, this AGREEMENT has been executed by CITY and CONTRACTOR through their duly authorized representatives as of the 25th day of May , 2021.
VILLE, a municipal corporation
Aaron Busch, City Manager
ATTEST:
Approved as to Form:
Melinda C. H. Stewart
David Nam
Deputy City Attorney II
City of Vacaville
Agreement for the Provision of Fixed-Route and Paratrnnsil Services May 2021
page 33
Item 9.g
THIRD AMENDMENT TO AGREEMENT FOR THE PROVISION OF FIXED-ROUTE,
DEMAND RESPONSE, AND PARATRANSIT SERVICES BETWEEN CITY OF VACAVILLE AND FIRST TRANSIT, INC.
This Third Amendment (“THIRD AMENDMENT”) is made and entered into on the date last written below, for the purposes of amending the agreement known as the Agreement for the Provision of Fixed-Route, Demand Response, and Paratransit Services Between the City of Vacaville and First Transit, Inc. (“AGREEMENT”).
1. On May 25, 2021, the City of Vacaville and First Transit, Inc. executed the AGREEMENT where First Transit operates fixed-route, demand response, and paratransit services for the City of Vacaville, City Coach Transit Services.
2. The City of Vacaville and First Transit, Inc. (“Parties”) agree to exercise and extend the remaining three option years under the AGREEMENT, extending the term to July 31, 2029. Contractor’s proposal dated March 24, 2026 (“Proposal”) is incorporated for the fixed monthly fee and per hour rates stated therein and is based on an a maximum forty thousand (40,000) annual Revenue Hours per year.
City shall pay Contractor for actual services performed at those rates, provided that City’s total payments shall not exceed the Not-to-Exceed Annual Compensation amounts set forth below for each Option Year, nor the Not-to-Exceed Total Compensation amount set forth below for all three Option Years combined, which are based on a maximum forty thousand (40,000) annual Revenue Hours per year. Any increase above these not to exceed amounts shall require a further written amendment approved in accordance with Section 26 of the AGREEMENT:
Item 9.g
Year 1 August 1, 2026 - July 31, 2027 Revenue Hour Rate : $57.78 Fixed Cost: $1,038,970.28
Variable Cost: $2,311,200.00
Not-to-Exceed Amount Total:$3,350,170.28
Year 2 August 1, 2027 - July 31, 2028 Revenue Hour Rate : $60.20 Fixed Cost: $1,076,697.73
Variable Cost: $2,408,000.00
Not-to-Exceed Amount Total:$3,484,697.73
Year 3 August 1, 2028 - July 31, 2029 Revenue Hour Rate : $63.19 Fixed Cost: $1,118,219.53
Variable Cost: $2,527,600.00
Not-to-Exceed Amount Total:$3,645,819.53
3. SECTION 26 of the AGREEMENT provides that the AGREEMENT may only be modified by a written amendment duly executed by the parties. This THIRD AMENDMENT serves as the written amendment to the AGREEMENT as required by Section 26 of the AGREEMENT.
4. 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 THIRD AMENDMENT may be executed through an electronic signature and may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. The parties agree that the electronic signatures appearing on this THIRD AMENDMENT 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.
Item 9.g
5. This THIRD AMENDMENT binds and benefits both parties and any successors or assigns. This THIRD AMENDMENT, and the AGREEMENT, is the entire agreement between the Parties. All other terms and conditions of the AGREEMENT not expressly modified by this THIRD AMENDMENT remain unchanged and shall remain in full force and effect. (SIGNATURE PAGE FOLLOWS)
Item 9.g
EXECUTED on the date last written below.
APPROVED: CONTRACTOR:
City of Vacaville, a municipal corporation First Transit, Inc., a Delaware corporation ______________________________ ____________________________________ Brian Oxley, Director of Public Works Susan Sweat, Chief Operating Officer Date: _________________________ Date: _______________________________ APPROVED AS TO FORM:
Andria Borba, City Attorney
CONTRACTOR:
First Transit, Inc., a Delaware corporation
By:
______________________________________
____________________________________
Nancy Ashjian, Assistant City Attorney Maureen Jacobson, Vice President of Finance Date: _______________________________
Item 9.g
CITY OF VACAVILLE
City Council
Staff Report
Meeting Date: June 23, 2026
To: Honorable Mayor and City Council Members
Attention: Savita Chaudhary, City Manager
From: Brian Oxley, Director of Public Works
(Staff contact: Jacob Smith, Engineering Manager (707) 449-5429) Subject: Resolution of the City Council of the City of Vacaville to Accept Public Improvements for the Montessa Subdivision
Actions for Consideration:
Adopt a resolution accepting the public improvements for the Montessa Subdivision as complete in accordance with the approved plans, specifications, and Subdivision Improvement Agreement.
Recommendations:
By simple motion, adopt the subject resolution.
Background:
In accordance with the State of California Subdivision Map Act and the City of Vacaville Municipal Code, once the City Council approves a subdivision’s Final Map and the City and the developer enter into a Subdivision Improvement Agreement, the land developer may begin installing infrastructure improvements (water and sewer pipes, storm drainage, streets, sidewalks, etc.) that support the development of the project. After these infrastructure improvements are substantially complete, building permits can be issued to construct residential homes that are subsequently sold to Vacaville residents. Finally, when all the homes and public infrastructure improvements have been fully constructed, City Council is asked to consider accepting the public improvements to become the property of the City of Vacaville to own and maintain.
The Subdivision Improvement Agreement for the Montessa Subdivision was approved by City Council on July 26, 2022.
Discussion:
The Montessa subdivision is a 59-unit single-family development on approximately 40 acres.
The developer is Montessa Vacaville, LLC, a California limited liability corporation. The Montessa subdivision is located on California Drive west of Alamo Lane, adjacent to Keating Park (Attachment 1 – Project Vicinity Map). Consistent with the Subdivision Improvement Item 9.h
Agreement, the developer has completed construction of all public improvements, including water and sewer pipes, storm drainage, streets, sidewalks, and related appurtenances, in accordance with the approved plans and specifications. The improvements are now ready for consideration of acceptance by the City Council (Attachment 2 – Project Completion Photos).
Public Works staff inspected the completed improvements and determined the improvements were constructed in substantial conformance with the approved improvement plans, City standards, and the Subdivision Improvement Agreement. Acceptance of the public improvements will formally transfer ownership and long-term maintenance responsibility for the public infrastructure improvements to the City of Vacaville.
The required public improvements were limited to onsite subdivision infrastructure improvements, and no offsite public improvements were constructed as part of this development.
Environmental Impact:
The Environmental Impact Report for the subject development was certified by City Council on July 10, 2007, and reaffirmed on August 9, 2016. The acceptance of public improvements for the subdivision is within the scope of the previously approved project, and no additional environmental review is required pursuant to the California Environmental Quality Act (CEQA).
Fiscal Impact:
The cost of Public Works staff time to process the acceptance of this project is covered by fees paid by the developer.
Amount Requested: There are no funds requested for this item.
Funding Source: Land Development (2028).
Budget Distribution: The budget for any expenses related to this item is included in the Public Works-Inspection annual operating budget.
Alternatives:
The City Council could choose not to accept the improvements; however, doing so would be inconsistent with the City's obligations under the Subdivision Improvement Agreement and the City's Standard Specifications, as the developer has completed construction in substantial conformance with the approved plans
Strategic Plan Goal/Initiative:
Goal 3: Protect Vacaville’s Quality of Life
Initiative 3A: Promote Housing for All
Item 9.h
Levine Act:
Yes – No campaign contributions disclosed (see Attachment 3 - Levine Act Disclosure Form).
Attachments:
Resolution - Action Item
Attachment 1: Project Vicinity Map
Attachment 2: Project Completion Photos
Attachment 3: Levine Act Disclosure Form
Item 9.h
CITY OF VACAVILLE
RESOLUTION NO. 2026-
Resolution of the City Council of the City of Vacaville Accepting Public Improvements for the Montessa Subdivision
Whereas, the City Council approved the Final Map for the Montessa Subdivision and entered into a Subdivision Improvement Agreement with Montessa Vacaville, LLC on July 26, 2022, for the construction of required public improvements associated with the subdivision; and Whereas, the Environmental Impact Report for the Montessa Subdivision was certified by the City Council on July 10, 2007, and reaffirmed on August 9, 2016, and the acceptance of public improvements is within the scope of the previously approved project under the California Environmental Quality Act (CEQA); and
Whereas, Montessa Vacaville, LLC has completed construction of the required public improvements in accordance with the approved plans, specifications, and Subdivision Improvement Agreement; and
Whereas, the Director of Public Works has determined that the public improvements have been completed in substantial conformance with the approved plans, specifications, and Subdivision Improvement Agreement and recommends acceptance of the improvements by the City Council; and
Now, therefore, be it resolved by the City Council of the City of Vacaville as follows:
Section One: The foregoing recitals are true and correct and are incorporated herein by this reference.
Section Two: The City Council hereby accepts the public improvements for the Montessa Subdivision as complete in accordance with the approved plans, specifications, and Subdivision Improvement Agreement.
Section Three: This Resolution shall take effect immediately upon its adoption.
I hereby certify that the foregoing resolution was introduced and passed at the regular meeting of the City Council of the City of Vacaville held on the 23rd day of June 2026 by the following vote:
Ayes:
Noes:
Absent:
Attest:
_____________________________
Michelle A. Thornbrugh, City Clerk
Item 9.h
-2-
Item 9.h
DEPARTMENT OF
PUBLIC WORKS
MONTESSA SUBDIVISION
ATTACHMENT 1 (1 OF 2)
PROJECT VICINITY MAP
PROJECT
LOCATION
Item 9.h
DEPARTMENT OF
PUBLIC WORKS
MONTESSA SUBDIVISION
ATTACHMENT 1 (2 OF 2)
PROJECT VICINITY MAP
Item 9.h
DEPARTMENT OF PUBLIC WORKS
MONTESSA SUBDIVISION
ATTACHMENT 2 (1 OF 2)
PROJECT COMPLETION PHOTOGRAPH
Item 9.h
DEPARTMENT OF PUBLIC WORKS
MONTESSA SUBDIVISION
ATTACHMENT 2 (2 OF 2)
PROJECT COMPLETION PHOTOGRAPH
Item 9.h
CITY OF VACAVILLE
City Council
Staff Report
Meeting Date: June 23, 2026
To: Honorable Mayor and City Council Members
Attention: Savita Chaudhary, City Manager
From: Tamara Colden, Housing and Community Director
(Tamara Colden, Housing and Community Director (707) 449-5671) Subject: Authorizing the City of Vacaville to Submit an Encampment Resolution Funding (ERF) Program Application to the
California Interagency Council on Homelessness
Actions for Consideration:
That the City Council adopt a resolution authorizing submission of an Encampment Resolution Funding (ERF) Program application to the California Interagency Council on Homelessness (Cal ICH) and authorize the City Manager or their designee to execute all required application materials and related documents associated with the grant.
Recommendations:
By simple motion, adopt the subject resolution.
Background:
On October 14, 2025, the City Council received and approved Phase 1 of the City of Vacaville Homelessness Action Plan, which established a framework for strengthening Vacaville’s local homelessness response system while continuing coordination with regional partners through the Community Action Partnership Solano Joint Powers Authority (CAP Solano JPA) and the Housing First Solano Continuum of Care (CoC). The Homelessness Action Plan identified key system gaps within Vacaville’s homeless response system, including limited interim housing capacity, lack of a navigation/day center, and the need for expanded housing-focused outreach, coordinated case management, and permanent housing pathways for individuals experiencing homelessness. The Plan also emphasized the importance of leveraging state and regional funding opportunities to support implementation of local homelessness strategies and improve long-term housing outcomes.
The State of California established the Encampment Resolution Funding (ERF) Program to support local jurisdictions in addressing homeless encampments through housing-focused, person-centered strategies that prioritize permanent housing placements, supportive services, public health, and community stabilization. The proposed ERF application would support implementation of several priorities identified within the City’s Homelessness Action Plan by expanding outreach, interim housing, housing navigation, and supportive services focused on Item 9.i
resolving encampments and assisting individuals experiencing unsheltered homelessness transition into stable housing.
Discussion:
Cal ICH released Round 5 of the ERF Program to support local jurisdictions in resolving encampments through housing-focused interventions that prioritize outreach, interim shelter, supportive services, and permanent housing placements. The program places a strong emphasis on collaboration among local governments, housing authorities, service providers, behavioral health partners, and individuals with lived experience.
The proposed ERF application is centered on an expanded partnership between the City of Vacaville and Vacaville Solano Services Corporation (VSSC). While the City would serve as the grant applicant and fiscal administrator, VSSC would be responsible for day-to-day program operations, including outreach, case management, housing navigation, interim shelter coordination, and supportive service delivery.
The proposed program would focus on individuals residing within identified encampment areas and would begin with intensive engagement and assessment activities. Outreach teams would establish relationships with encampment residents, complete vulnerability and housing assessments, and develop individualized housing stabilization plans. Participants would be connected to available benefits, behavioral health services, medical care, employment resources, and other supportive services based on their individual needs.
Individuals willing to engage in services would be offered placement into interim shelter opportunities. Consistent with the ERF application, interim housing resources may include congregate shelter or other temporary housing arrangements appropriate based on participant needs and available resources. While in interim housing, participants would receive ongoing case management focused on obtaining documentation, increasing income, addressing barriers to housing, and preparing for permanent housing placement.
A key component of the proposed program is housing navigation and landlord engagement. The selected service provider would work closely with property owners, affordable housing providers, the Vacaville Housing Authority, and regional housing partners to identify available housing opportunities and assist participants in securing permanent housing. ERF funding would also provide resources to address common barriers to housing placement, including transportation assistance, security deposits, application fees, utility assistance, and other housing stabilization supports allowed under the grant program.
The Vacaville Housing Authority would serve as an important implementation partner by prioritizing ERF participants for the Project Move Up program. Additional partnerships with behavioral health providers, medical providers, employment programs, and community-based organizations would help ensure participants have access to the services necessary to maintain housing stability.
Following placement into permanent housing, participants would continue receiving supportive services and tenancy support to promote long-term housing retention and reduce returns to homelessness. These services may include ongoing case management, behavioral health Item 9.i
referrals, employment assistance, financial literacy support, landlord mediation, and connections to community resources.
If awarded, ERF funding would support outreach and engagement activities, interim housing costs, case management services, housing navigation, supportive services, housing stabilization assistance, transportation, and program administration necessary to successfully transition individuals from encampments into permanent housing.
The proposed project directly supports implementation of the City's Homelessness Action Plan by expanding housing-focused outreach, increasing access to interim housing resources, strengthening coordination among service providers, and creating additional pathways to permanent housing for individuals experiencing unsheltered homelessness.
If approved this evening, the proposed resolution would authorize submission of the ERF application and authorize the City Manager or their designee to execute all required grantrelated documents, certifications, and agreements necessary for participation in the program.
Environmental Impact:
This action associated with the grant application is exempt from the California Environmental Quality Act (CEQA) because it is not a project which has the potential for resulting in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment pursuant to CEQA Guidelines Section 15378.
Fiscal Impact:
Amount Requested: Not to exceed $975,000
Funding Source: California Interagency Council on Homelessness Encampment Resolution Funding Program.
Budget Distribution: If awarded, this item would return to the Council for formal acceptance, budget appropriation and a new fund would be established at that time.
Alternatives:
The City Council could choose not to authorize submission of the ERF application. This is not recommended as the proposed funding would provide significant resources to support encampment resolution efforts, increase permanent housing placements, and strengthen coordinated homeless response activities within Vacaville.
Strategic Plan Goal/Initiative:
Goal 3: Protect Vacaville’s Quality of Life
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Levine Act:
No
Attachments:
Action Item - Resolution
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CITY OF VACAVILLE
RESOLUTION NO. 2026-
Authorizing the City of Vacaville to Submit an Encampment Resolution Funding (ERF) Program Application to the California Interagency Council on Homelessness Whereas, the State of California, through the California Interagency Council on Homelessness (Cal ICH), has made available Encampment Resolution Funding (ERF) Program funds to support local efforts to address homeless encampments through housing-focused interventions, supportive services, and permanent housing solutions; and Whereas, the City of Vacaville has identified the need to address unsheltered homelessness through coordinated outreach, interim housing, housing navigation, supportive services, and permanent housing placement strategies; and Whereas, on October 14, 2025, the City Council approved the City of Vacaville Homelessness Action Plan, which identified the need for expanded housing-focused interventions and the pursuit of state and federal funding opportunities to support implementation of local homelessness response strategies ; and
Whereas, the City desires to submit an application to the California Interagency Council on Homelessness for Encampment Resolution Funding Program funds to support the implementation of encampment resolution activities within the City of Vacaville.
Now, therefore, be it resolved by the City Council of the City of Vacaville as follows:
1. The City Council hereby authorizes the submission of an application to the California Interagency Council on Homelessness for Encampment Resolution Funding Program funds in an amount not to exceed $975,000.
2. The City Manager, or their designee, is hereby authorized and directed to execute and submit all applications, certifications, assurances, agreements, amendments, and other documents necessary to apply for, accept, and administer Encampment Resolution Funding Program funds on behalf of the City, and staff will return to the City Council as needed for any budget-related actions associated with the receipt or expenditure of grant funds should such actions require City Council approval.
3. The City Manager, or their designee, is authorized to take all actions necessary and appropriate to carry out the intent of this Resolution and to comply with all applicable state requirements associated with the Encampment Resolution Funding Program.
I hereby certify that the foregoing resolution was introduced and passed at the regular meeting of the City Council of the City of Vacaville held on the 23rd day of June 2026 by the following vote:
Ayes:
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Noes:
Absent:
Attest:
_____________________________
Michelle A. Thornbrugh, City Clerk
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Item 9.i
CITY OF VACAVILLE
City Council
Staff Report
Meeting Date: June 23, 2026
To: Honorable Mayor and City Council Members
Attention: Savita Chaudhary, City Manager
From: Michelle A. Thornbrugh, City Clerk
(Staff contact: Michelle A. Thornbrugh, (707) 449-5110) Subject: Resolution of the City Council of the City of Vacaville Calling And Providing for a General Municipal Election to Elect City Officers, Determining Charges for Candidates Statements, Requesting the Board of Supervisors of the County of Solano to Consolidate Said General Municipal Election with the General Election to Be Held on Tuesday, November 3, 2026, and to Permit the Solano County Registrar of Voters to Render Election Services
Actions for Consideration:
Approve a resolution calling for a General Municipal election to determine seats in Districts 2, 4, and 6 and for the Mayor at-large, requesting for election services of the Solano County Registrar of Voters, and determining that candidates will be responsible to pay the optional candidate statement fee as set by the Solano County Registrar of Voters.
Recommendations:
By simple motion, adopt the subject resolution.
Background:
The City’s Municipal Code provides for general municipal elections to be held on the first Tuesday after the first Monday in November of each even-numbered year for the purpose of filling municipal offices.
In September of 2018, the City Council adopted Ordinance 1928 Adding Chapter 2.60 Councilmember District Elections; Mayor at Large Elections. With this transition the City Council is comprised of six councilmembers elected by voters in the district in which the councilmember resides. The Mayor, City Treasurer, and City Clerk are directly elected by the voters in the entirety of the City (also known as at-large).
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This year the election will take place on November 3, 2026. One Council seat will be filled within each of Districts 2, 4 and 6, as well as the Mayor’s seat. All open seats are for a four-year term.
Attachment 1 is a copy of the Council District Map. Look up district by address.
Discussion:
For the City Council to call for the general municipal election, they must adopt resolutions ordering the election and requesting that the Solano County Board of Supervisors consolidate the election and allow the Solano County Registrar of Voters to provide election services. The City Council must also direct that candidates are responsible to pay for the costs of printing their optional candidate statement and provide the estimate of the costs of such statement printed in English, Spanish, or Tagalog, Chinese, or Vietnamese (see Attachment 2). The candidate is required to make payment to the City at the time his/her nomination papers are filed and shall be refunded any overage or billed for any additional costs within 30 days of the actual accounting of said costs by the Solano County Registrar of Voters.
Environmental Impact:
This action is exempt from the California Environmental Quality Act (CEQA) because it is not a project that has the potential to result in either a physical change in the environment or a reasonably foreseeable indirect physical change in the environment, pursuant to California Code of Regulations Title 14 Section 15378(b)(5).
Fiscal Impact:
Vacaville’s current registered voter population is approximately 65,000 and the number of registered voters will fluctuate prior to the November election. The preliminary estimate for election services is $390,000 which includes approximately $357,500 for the general election and $32,500 for an anticipated local sales tax measure as well. The FY 2026–27 Non‑Departmental budget includes a one‑time allocation of $390,000 to cover all anticipated election expenses.
Amount Requested: There are no funds necessary for the actions recommended.
Funding Source: General Fund
Budget Distribution The one-time budget is included in the FY 2026-27 Non-Departmental annual operating budget (1001.01.0101.671).
Alternatives:
No alternatives are recommended. The Council has a ministerial duty to complete these actions in accordance with the California Elections Code.
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Strategic Plan Goal/Initiative:
Goal 4: Maintain Effective and Efficient Services
Levine Act:
No
Attachments:
Resolution – Action Item
Attachment 1: District Map
Attachment 2: Candidate Statement Costs provided by Solano Registrar of Voters Item 9.j
CITY OF VACAVILLE
Resolution No. 2026-
Resolution of the City Council of the City of Vacaville Calling and Providing for a General Municipal Election to Elect City Officers, Determining Charges for Candidates Statements, Requesting the Board of Supervisors of the County of Solano to Consolidate Said General Municipal Election with the Statewide General Election to be Held on Tuesday, November 3, 2026, and to Permit the Solano County Registrar of Voters to Render Specified Election Services
Whereas, under the provisions of the laws relating to general law cities in the State of California, a General Municipal Election shall be held on Tuesday, November 3, 2026, for the election of Municipal Officers; and
Whereas, it is desirable that the General Municipal Election be consolidated with the Statewide General Election to be held on the same date, and that within the City, the precincts, polling places and election officers of the two elections be the same, and that the Registrar of Voters of the County of Solano canvass the returns of the General Municipal Election and that the election be held in all respects as if there were only one election; and Whereas, the Elections Code of the State of California provides that the City Council may adopt regulations pertaining to how to determine the means and manner in which a tie vote is to be resolved in the event that two or more persons receive an equal and highest number of votes (“tie votes”) for an office voted upon in a city;
Whereas, the Elections Code provides that the City Council may adopt regulations pertaining to materials prepared by any candidate for a municipal election, including costs of the candidate statement.
Now, therefore, the City Council of the City of Vacaville California, does hereby resolve and order as follows:
SECTION 1. That, pursuant to the requirements of the Vacaville Municipal Code and the laws of the State of California relating to elections, there is called and ordered to be held in the City of Vacaville, California, on Tuesday, November 3, 2026, a General Municipal Election for the purpose of electing a Mayor and one Council officer within each of Districts 2, 4 and 6, for the full term of four (4) years.
SECTION 2. That notice of time and place of holding the election is given and the City Clerk is authorized, instructed and directed to give further or additional notice of the election, in time, form and manner as required by law.
SECTION 3. That in all particulars not recited in this resolution, the election shall be held and conducted as provided by law for holding municipal elections.
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SECTION 4. That pursuant to Section 13307 of the Elections Code, each candidate for elective office to be voted for at the General Municipal Election on November 3, 2026, may elect to submit with the nomination papers a Statement of Qualifications of the candidate of no more than 200 words, which statement will be printed and mailed out with the sample ballot.
SECTION 5. The candidate shall be required to pay for the cost of printing the candidate’s statement in the voters’ pamphlet. The City Clerk shall require each candidate choosing to file a statement to pay, at the time his/her nomination papers are filed, the pro-rata share for a statement available to be printed in English, Spanish, Tagalog, Chinese, or Vietnamese. The candidate shall be refunded any overage or billed for any additional costs within 30 days following notification by the Solano County Registrar of Voters of the exact cost.
SECTION 6. That pursuant to the requirements of Section 10403 of the Elections Code, the Board of Supervisors of the County of Solano is hereby requested to consent and agree to the consolidation of the General Municipal Election with the Presidential Election on Tuesday, November 3, 2026, for the purpose of electing the following municipal officers for the City of Vacaville:
One council member seat for electoral district 2 for a four-year term One council member seat for electoral district 4 for a four-year term One council member seat for electoral district 6 for a four-year term One Mayor elected at large for a four-year term
SECTION 7. That the Board of Supervisors is requested to issue instructions to the Registrar of Voters to take any and all steps necessary for the holding of the consolidated election.
SECTION 8. That the City Clerk is authorized, instructed and directed to coordinate with the County of Solano Registrar of Voters to procure all official notices and printed matter necessary to properly and lawfully conduct the election.
SECTION 9. That the polls for the election shall be open at 7:00 a.m. of the day of the election and shall remain open continuously from that time until 8:00 p.m. of the same day when the polls shall be closed, except as provided in Section 14401 of the Elections Code of the State of California.
SECTION 10. That the ballots to be used at the election shall be in the form and content as required by law.
SECTION 11. That the County Election Department is authorized to canvass the returns of the General Municipal Election. The election shall be held in all respects as if there is only one election. The election will be held and conducted in accordance with the provisions of law regulating the statewide general election.
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SECTION 12. That the City Council authorizes the City Clerk to administer said election and all reasonable and actual election expenses shall be paid by the City upon presentation of a properly submitted bill.
SECTION 13. That this resolution shall apply only to the election to be held on Tuesday, November 3, 2026.
SECTION 14. That the City Clerk is hereby directed to file a certified copy of this resolution with the Board of Supervisors and the county election department of the County of Solano.
I hereby certify that the foregoing resolution was introduced and passed at the regular meeting of the City Council of the City of Vacaville held on the 23rd day of June, 2026, by the following vote:
Ayes:
Noes:
Absent:
Attest:
_____________________________
Michelle A. Thornbrugh, City Clerk
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2 4
6 3
2 © OpenStreetMap (and) contributors, CC-BY-SA
City of Vacaville Election Districts
1:15,000
0 1,300 2,600 3,900 5,200
Feet
0 0.25 0.5 0.75 1
Miles
0 430 860 1,290 1,720
Meters
SCALE
DISCLAIMER: GIS information is provided by the City as a public service. GIS products are for informational purposes only and may not have been prepared for or be suitable for legal, engineering, or surveying purposes. They do not represent an on-the-ground survey and represent only the approximate relative location of property boundaries and other features.
The City will not assume any responsibility or liability for damages incurred, directly or indirectly, as a result of the use of the GIS information; including any claims for incomplete, incorrect, or omitted information. The user of the GIS information assumes all liability for their dependence on this information and waives any and all claims for damages against the City.
City of Vacaville
Coordinate System: NAD 1983 StatePlane California II FIPS 0402 Feet Projection: Lambert Conformal Conic
Datum: North American 1983
False Easting: 6,561,666.6667
False Northing: 1,640,416.6667
Central Meridian: -122.0000
Standard Parallel 1: 38.3333
Standard Parallel 2: 39.8333
Latitude Of Origin: 37.6667
Units: Foot US /
Election District
1 2
3 4
5 6
ATTACHMENT 1
Item 9.j
Worksheet for candidate statement costs:
Part 1 - District Cost:
Cost if ENGLISH only
City of Benicia $400.00
City of Dixon $300.00
City of Dixon 1 $100.00
City of Dixon 2 $100.00
City of Fairfield $1,100.00
City of Fairfield 1 $300.00
City of Fairfield 3 $200.00
City of Fairfield 5 $200.00
City of Rio Vista $200.00
City of Suisun City $300.00
City of Vacaville $1,000.00
City of Vacaville 2 $200.00
City of Vacaville 4 $200.00
City of Vacaville 6 $200.00
City of Vallejo 2 $200.00
City of Vallejo 4 $200.00
City of Vallejo 5 $200.00
Part 2 – Optional Additional Languages (select up to 4):
Spanish [SPA] $350.00
Tagalog [TAG] $350.00
Chinese [CHN] $350.00
Vietnamese [VTN] $350.00
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Part 3 – Layout Costs
Choose either the first or second layout option, based on the number of languages requested, and check the box for each translation you would like. Write on the “ADD LANG” line where each language you have selected should appear (SPA = Spanish; TAG = Tagalog; CHN = Chinese; VTN = Vietnamese).
Layout Style 1:
OR
Layout Style 2:
ROV USE ONLY TOTAL COST:
Section 1: $___________ Section 2: $___________ Section 3: $___________ $___________ Date Paid:___________ □ Card _____________ □ Check ____________ □ Cash _____________ Item 9.j
MINUTES OF THE JOINT REGULAR MEETING OF THE CITY COUNCIL,
SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY,
GROUNDWATER SUSTAINABILITY AUTHORITY
AND PUBLIC FINANCING AUTHORITY
OF THE CITY OF VACAVILLE
Tuesday, June 09, 2026
1. Closed Session - None
2. Roll Call for the Regular Meeting
The Mayor called the Regular Meeting of the City Council to order at 6:00 pm in the Vacaville Council Chamber located at 650 Merchant St.
Present:
John Carli, Mayor
Michael Silva, Vice Mayor, District 3 - attending remotely from lobby of Courtyard Oahu North Shore, 55-40 Kamehameha Hwy Laie, HI 96762
Roy Stockton, District 1
Greg Ritchie, District 2
Sarah Chapman, District 4
Ted Fremouw, District 5
Jeanette Wylie, District 6
Absent: None
3. Moment of Silence followed by the Pledge of Allegiance A moment of silence was observed, and Mayor Carli led the Pledge of Allegiance.
4. Report out of Closed Session - None
5. Approval of Agenda
On a motion by Councilmember Stockton, seconded by Councilmember Ritchie, the Council unanimously approved the agenda of the regular meeting as written.
6. Reports of the City Council
6.a Update on Recent Attended Boards, Commissions, and Committee Meetings Councilmember Stockton noted that Col. Patrick Brady-Lee from Travis Air Force Base retired this past weekend. The base has not yet announced who the new wing commander will be. He also reported that interviews will be held on June 24th for the CAP Solano JPA Director.
Councilmember Ritchie attended the Travis Community Consortium (TCC) where they updated the group on large regional projects related specifically to energy and the base. The Base continues to request help from community partners in the form of child and youth daycare for children of service members. Lastly, Councilmember Ritchie included a shoutout to the Fire Department for their recent training burn and the Chief of Police for helping with traffic control on Item 9.k
Monte Vista Ave.
Councilmember Chapman remarked that there was a 2x2 meeting with Travis Unified School District last week, but she was unable to attend. She also requested to close the meeting in memory of the Sam Yeto shooting victim. The Mayor noted that the meeting would also be closed in memory of the Recology employee that recently passed.
Councilmember Wylie reported that the Yolo Solano Air Quality Management District (YSAQMD) Meeting will take place on June 10th. She also recently attended the 250 Years of Heroes Through History event at the Rowland Freedom Center.
7. Reports of City Manager
City Manager Savita Chaudhary introduced new employees Heather Zook, Assistant City Attorney, Robert Armijo, Assistant Director of Public Works, and Shelby Milliren, Assistant Director of Finance.
8. Presentations - None
9. Consent Calendar
Motion: Councilmember Stockton
Second: Councilmember Ritchie
Action: Vote to approve all items on the consent calendar Ayes (7): Mayor Carli, Councilmember Stockton, Councilmember Ritchie, Vice Mayor Silva, Councilmember Chapman, Councilmember Fremouw, and Councilmember Wylie Vote Approved (7 to 0)
9.a Omnibus Ordinance Updating Multiple Vacaville Municipal Code Chapters and Sections Referring to the Community Services Department and Replacing it to State the Parks and Recreation Department (Second Reading)
Approved Ordinance No. 2020; Omnibus ordinance updating Vacaville Municipal Code Chapters and Sections referring to the Community Services Department and replacing it with Parks and Recreation Department
9.b Resolution Approving an Amended and Restated Disposition, Development, and Loan Agreement Between the City of Vacaville and Solano-Napa Habitat for Humanity for the Development of Affordable Homeownership Housing on Cityowned Property on Scoggins Court and East Monte Vista Avenue (APNs 0129-310- 230/240/250/260/360/370/400)
Approved Resolution No. 2026-085; Resolution Approving an Amended and Restated Disposition, Development, and Loan Agreement Between the City of Vacaville and Solano-Napa Habitat for Humanity for the Development of Affordable Homeownership Housing on City-owned Property on Scoggins Court and East Monte Vista Avenue (APNs 0129-310- 230/240/250/260/360/370/400)
9.c Resolution Accepting the Construction and Testing of Well 21 Drilling Project Improvements
Approved Resolution No. 2026-086; Resolution Accepting the Construction and Testing of Well 21 Drilling Project Improvements
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9.d Resolution Authorizing the City Manager or Their Designee to Execute a Freeway Maintenance Agreement (FMA) with the State of California Department of Transportation (Caltrans) for the Vaca Valley Parkway and Interstate Route 505 Interchange Project; and Resolution Authorizing the City Manager or Their Designee to Execute a Non-Vehicular Overcrossing (NVOC) Maintenance Agreement with the State of California Department of Transportation (Caltrans) for the Vaca Valley Parkway and Interstate Route 505 Interchange Project
Approved Resolutions No. 2026-087 and 2026-088; Resolution Authorizing the City Manager or Their Designee to Execute a Freeway Maintenance Agreement (FMA) with the State of California Department of Transportation (Caltrans) for the Vaca Valley Parkway and Interstate Route 505 Interchange Project; and Resolution Authorizing the City Manager or Their Designee to Execute a Non-Vehicular Overcrossing (NVOC) Maintenance Agreement with the State of California Department of Transportation (Caltrans) for the Vaca Valley Parkway and Interstate Route 505 Interchange Project
9.e Approval of Minutes – Approve the Minutes for the Special Meeting of May 21, 2026 and the Regular Meeting of May 26, 2026
Approved; Approval of Minutes – Approve the Minutes for the Special Meeting of May 21, 2026 and the Regular Meeting of May 26, 2026
9.f Approval of Accounts Payable and Payroll Payment of Claims for the Weeks Ending May 22, 2026; and May 29, 2026; and Wire and ACH Disbursements for the Month of May 2026
Approved: Approval of Accounts Payable and Payroll Payment of Claims for the Weeks Ending May 22, 2026; and May 29, 2026; and Wire and ACH Disbursements for the Month of May 2026
10. Business from the Floor
Click on the link to listen to public comment on items within the Council's jurisdiction but not listed on the agenda. Topics include: California Forever.
11. Public Hearings
11.a Resolution of the City Council of the City of Vacaville to Affirm the Main Street Entertainment Zone is Exempt from Environmental Review Pursuant to Section 15061(b)(3) of the California Environmental Quality Act Guidelines; and Ordinance of the City Council of the City of Vacaville to Amend Title 12 of the Vacaville Municipal Code (VMC) by Adding Chapter 12.34 Entitled “Entertainment Zones” to Create New Policies, Procedures, and Standards for Establishing and Regulating Entertainment Zones Within the City of Vacaville (First Reading)
Motion: Councilmember Stockton
Second: Councilmember Ritchie
Action: Approve Resolution No. 2026-089 affirming the Main Street Entertainment Zone is exempt from environmental review; and Approve Ordinance 2021 Amending Title 12 of the Vacaville Municipal Code (VMC) by adding chapter 12.34 entitled “Entertainment Zones” to create new policies, procedures, and standards for establishing and regulating Entertainment Zones within the City of Vacaville
Item 9.k
Ayes (7): Mayor Carli, Councilmember Stockton, Councilmember Ritchie, Vice Mayor Silva, Councilmember Chapman, Councilmember Fremouw, and Councilmember Wylie Vote Approved (7 to 0)
11.b Resolution Approving Adjustments to the City's Service and Facility Rental Fee Schedule, including Consumer Price Index and Market Rate Updates, and Establishing New Parks and Recreation Fees
Motion: Councilmember Ritchie
Second: Councilmember Fremouw
Action: Approve Resolution No. 2026-90 approving adjustments to the City's Service and Facility Rental Fee Schedule, including Consumer Price Index and market rate updates, and establishing new Parks and Recreation fees
Ayes (7): Mayor Carli, Councilmember Stockton, Councilmember Ritchie, Vice Mayor Silva, Councilmember Chapman, Councilmember Fremouw, and Councilmember Wylie Vote Approved (7 to 0)
11.c Resolution Approving the Engineers Report, Confirm Diagram and Assessment and Order Levy of Assessments for the City of Vacaville Landscape and Lighting Maintenance Assessment Districts for Fiscal Year 2026-2027 Motion: Councilmember Wylie
Second: Councilmember Fremouw
Action: Approve Resolution No. 2026-091 approving the engineers report, confirming diagram and assessment and ordering levy of assessments for the City of Vacaville Landscape and Lighting Maintenance Assessment Districts for Fiscal Year 2026-2027 Ayes (7): Mayor Carli, Councilmember Stockton, Councilmember Ritchie, Vice Mayor Silva, Councilmember Chapman, Councilmember Fremouw, and Councilmember Wylie Vote Approved (7 to 0)
12. Business
12.a Informational Update on the Development of the Fiscal Year 2026-27 Budget: Budget Study Session #2
Council received informational update on the development of the Fiscal Year 2026-27 budget and provided direction to staff.
12.b Informational update on Voter Survey Results and Resolution Directing the City Manager to Return with an Ordinance Imposing a 1% Transaction and Use Tax for Consideration at the June 23, 2026 City Council Meeting Council received information on voter survey results.
Motion: Councilmember Fremouw
Second: Councilmember Chapman
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Action: Approve Resolution No. 2026-092 directing the City Manager to return with an ordinance imposing a 1% transaction and use tax for consideration at the June 23, 2026 City Council meeting
Ayes (7): Mayor Carli, Councilmember Stockton, Councilmember Ritchie, Vice Mayor Silva, Councilmember Chapman, Councilmember Fremouw, and Councilmember Wylie Vote Approved (7 to 0)
12.c Report on Upcoming Brown Act Teleconferencing and Public Access Requirements and Resolution adopting a Disruption of Telephonic or Internet Service During Meetings Policy in Accordance with Senate Bill 707
Council received report on upcoming Brown Act Teleconferencing and Public Access Requirements
Motion: Councilmember Stockton
Second: Councilmember Ritchie
Action: Approve Resolution 2026-093 adopting a Disruption of Telephonic or Internet Service During Meetings Policy in accordance with Senate Bill 707 Ayes (6): Mayor Carli, Councilmember Stockton, Councilmember Ritchie, Vice Mayor Silva, Councilmember Chapman, and Councilmember Wylie
Noes (1): Councilmember Fremouw
Vote Approved (6 to 1)
12.d Resolution of the City Council of the City of Vacaville Authorizing the Submission of a Homekey+ Application to the California Department of Housing and Community Development for Funding of 52 Veteran Permanent Supportive Housing Units Within the Victory Gardens Affordable Housing Development Located at 5763 Vanden Road (APN: 0136-080-040) and Authorizing the City Manager or Designee to Execute All Required Application Documents and Related Agreements
Motion: Councilmember Ritchie
Second: Councilmember Stockton
Action: Approve Resolution 2026-094 authorizing the submission of a Homekey+ application to the California Department of Housing and Community Development for funding of 52 veteran permanent supportive housing units within the Victory Gardens Affordable Housing Development Located at 5763 Vanden Road (APN: 0136-080-040) and authorizing the City Manager or designee to execute all required application documents and related agreements
Ayes (7): Mayor Carli, Councilmember Stockton, Councilmember Ritchie, Vice Mayor Silva, Councilmember Chapman, Councilmember Fremouw, and Councilmember Wylie Vote Approved (7 to 0)
Item 9.k
CITY OF VACAVILLE
City Council
Staff Report
Meeting Date: June 23, 2026
To: Honorable Mayor and City Council Members
Attention: Savita Chaudhary, City Manager
From: Ken Matsumiya, Director of Finance
(Ken Matsumiya, Director of Finance (707) 449-5180)
Subject: Approval of Accounts Payable and Payment of Payroll Claims for the Weeks Ending June 5, 2026 and June 12, 2026
Actions for Consideration:
Approval of payments drawn in accordance with the City’s approved budget.
Recommendations:
By simple motion, adopt the subject resolution.
Background:
The City’s Finance Department is responsible for ensuring the financial obligations of the City are met in a timely and efficient manner. Accounts Payable processes payments to external vendors on a weekly basis and employee payroll is processed biweekly while any payments requiring remittance by wire transfer are paid on an as-needed basis throughout the month.
Pursuant to California Government Code Section 37208, payments drawn in accordance with the City’s approved budget need not be ratified by the legislative body prior to payment. The payment of claims registers shall be presented to the legislative body for ratification and approval at the first meeting after delivery of the checks. The Finance Director has submitted the register(s) showing the payment of claims for the timeframe above for approval by the City Council.
Environmental Impact:
This action is exempt from the California Environmental Quality Act (CEQA) because it is not a project that has the potential to result in either a physical change in the environment or a reasonably foreseeable indirect physical change in the environment, pursuant to California Code of Regulations Title 14 Section 15378(b)(5).
Fiscal Impact:
The claims paid for the period total $9,433,659.82
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Amount Requested: Not applicable
Funding Source: Various
Budget Distribution: The costs of staff time associated with this item are covered within the existing Finance Department operating budget.
Alternatives:
No alternative recommendation.
Strategic Plan Goal/Initiative:
Goal 4: Maintain Effective and Efficient Services
Levine Act:
No
Attachments:
Attachment 1: Affidavit of Finance Director
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Affidavit of Finance Director Attachment 1
Accounts Payable Check Register(s) for Week Ending: Register Total(s) June 5, 2026 $ 4,909,686.39
June 12, 2026 $ 2,113,951.26
Payroll Check Register(s) for Week Ending: Register Total(s) June 5, 2026 $ 2,410,022.17
June 12, 2026 $ -
Grand Total $ 9,433,659.82
_______________________________________________________________________________ Ken Matsumiya, Finance Director
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City of Vacaville, CA - Live
DETAIL PROOF - FINAL REPORT
Report generated: 06/03/2026 16:20
User: 6582szamora
Program ID: prpyddpf
Pay Period 05/10/26 To 05/23/26
WARRANT: 060526 PAYROLL TYPE: BIWEEKLY C CHECK DATE: 06/05/2026 Earnings-Deductions Proof Summaries
Total Females: 347 Gross Pay: 1,100,698.49
Total Males: 513 Gross Pay: 2,594,528.29
Total Employees: 860 Gross Pay: 3,695,226.78
Total Pre-Notes: 1
Benefits Only Employees: 611 Employer Amount:
Available Cash Balance after payroll: -427,215,348.76
Total Cash Requirements:
Total Employee Checks: 9,416.55
Total Employee/Employer ACH Transactions: 2,400,605.62
Total Vendor Checks this payroll: 0.00
Total Vendor Checks other payrolls: 0.00
Total Vendor Electronic Transfers this payroll: 0.00
Total Vendor Electronic Transfers other payrolls: 0.00
Total Vendor Telephone Transfers this payroll: 0.00
Total Vendor Telephone Transfers other payrolls: 0.00
Total Cash Required: 2,410,022.17
Payments to be Processed:
Total Telephone Transfers: 0.00
Remaining Payroll Liabilities:
Total Employee/Employer (Check type = No check): 3,981,579.55 Total Pay Escrow: 0.00
Total Escrow Balance: 0.00
Total Invoices this payroll: 24,369.22
Total Invoices other payrolls: 0.00
Total Checks/Invoices/EFT/Telephone transfers
this payroll (deferred): 0.00
Total Checks/Invoices/EFT/Telephone transfers
other payrolls (deferred): 0.00
Total Liabilities: 4,005,948.77
* Employee Accruals Exist Outside Payroll Date Range - Check Accrual Out of Range Report
** END OF REPORT - Generated by Sara Zamora **
Item 9.l
CITY OF VACAVILLE
City Council
Staff Report
Meeting Date: June 23, 2026
To: Honorable Mayor and City Council Members
Attention: Savita Chaudhary, City Manager
From: GeorgeAnne Meggers-Smith, City Manager’s Office
(GeorgeAnne Meggers-Smith, Assistant City Manager (707) 449- 5651)
Subject: Resolution of the City Council of the City of Vacaville Approving Four (4) Agreements and Contract Amendments Totaling
Approximately $1,593,273 Supporting Essential City Operations, Capital Projects, Regulatory Compliance, and Organizational Services
Actions for Consideration:
Adopt the Resolution approving the agreements in Attachment 1 and authorize the City Manager, or designee, to execute the agreements and to make any non-substantive administrative changes to the agreements necessary to implement the approved actions.
Recommendations:
By simple motion, adopt the subject resolution.
Background:
City departments periodically require specialized professional, technical, maintenance, and operational services to support ongoing programs, projects, and the delivery of essential municipal services. The City has historically utilized the services identified in Attachment 1 to supplement staff resources, provide specialized expertise, and ensure the effective and efficient operation of City functions.
As the City continues to advance significant initiatives, capital improvement projects, regulatory compliance efforts, and operational priorities, these agreements are necessary to maintain continuity of services and provide the professional support needed to successfully implement and complete these activities. The consultants and service providers associated with these agreements offer expertise, resources, and capabilities that are either unavailable internally or are more cost-effective to obtain through contracted services.
The agreements generally fall into one or more of the following categories:
1. Specialized expertise and technical knowledge;
2. One-time or project-specific services;
3. Industry-standard evaluations, assessments, and benchmarking; Item 9.m
4. Legal, regulatory, and compliance requirements;
5. Health, safety, and risk management obligations;
6. Conflict-of-interest and independent review requirements;
7. Capital improvement and infrastructure project support; and
8. Supplemental staffing resources and cost efficiencies.
The agreements presented for approval are routine in nature and necessary to maintain continuity of City operations and services. Each agreement has been reviewed by the requesting department and developed in accordance with applicable City purchasing policies, contracting procedures, and procurement requirements.
Discussion:
The City’s current Purchasing Policy was adopted by Resolution No. 2000-47 and later amended on January 12, 2010, through minute action to revise the Local Vendor Policy and establish a Local Business Preference. The City continues to follow the California Public Contract Code for all public construction projects.
Under the existing policy, Department Heads or their designees with purchasing authority may approve budgeted purchases of materials, services, supplies, and equipment (excluding public construction projects) within the limits authorized through the adopted departmental budget. While this approach provides operational flexibility, it has resulted in limited centralized visibility into contract activity across the organization and increased the risk of fragmented contract management and inconsistent procurement practices.
Historically, many contracts have been approved administratively pursuant to the City’s Purchasing Policy. As part of the City’s ongoing efforts to enhance transparency, strengthen contract oversight, and improve public visibility into consultant and vendor expenditures, staff is presenting this consolidated contract list for City Council review and approval.
This report is intended to establish a baseline inventory of significant service agreements and provide the City Council and the public with greater visibility into the contractual services supporting City operations.
This action seeks approval of 4 agreements and contract amendments totaling approximately $1,593,273. These agreements are funded through the Fiscal Year 2026-27 Budget and represent a combination of recurring operational services, project-specific support, and specialized professional expertise necessary to carry out City programs, regulatory compliance, public safety, infrastructure maintenance, and organizational support services.
These agreements are funded through the FY 2026-27 budget and are necessary to maintain essential City operations, regulatory compliance, public safety, infrastructure maintenance, and organizational support services. The contracts that are already executed and previously approved by the Council are not included in this batch.
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Additionally, the City is currently evaluating comprehensive updates to its Purchasing Policy during Fiscal Year 2026-27. In the interim, the City Manager’s Office, in collaboration with the City Attorney’s Office and Finance Department, has implemented additional controls to enhance transparency, consistency, and oversight of City contracts.
Effective July 1, 2026, pursuant to the City Manager adopted Signing Authority Policy, and until a revised Purchasing Policy is adopted, contract signing authority will be as follows:
• Contracts with a value of less than $75,000 may be approved by the Department Head or authorized designee;
• Contracts with a value between $75,000 and $150,000 require approval by the City Manager; and
• Contracts with a single or cumulative value exceeding $150,000 require City Council approval.
These interim measures are intended to strengthen contract oversight and increase transparency while the City develops a comprehensive Purchasing Policy. Staff anticipates presenting the updated Purchasing Policy to the City Council for consideration during the first quarter of 2027 and will continue refining contract reporting and procurement oversight processes as part of that effort.
Public works projects are governed by the California Public Contract Code (PCC), specifically Section 22000, known as the Uniform Public Construction Cost Accounting Act (UPCCAA). Public works projects are defined in PCC Section 22002(c) and are subject to the bidding thresholds and requirements established in PCC Section 22032.
The most common method used by California cities for approving routine contracts is through the Consent Calendar. The contracts included in Attachment 1 represent a combination of new agreements, renewals, work orders, and amendments for services that support the City’s day-today operations. Contractor and consultant selections were completed through competitive procurement processes, cooperative purchasing programs, qualification-based selection procedures, or other methods authorized by applicable law, the Municipal Code, City purchasing policies, and administrative procedures.
The contracts presented for Council consideration do not include: (1) agreements with other governmental agencies; (2) contracts related to employee hiring, wages, hours, or working conditions; (3) purchase and sale agreements for wholesale utility commodities and services; and (4) revenue-generating agreements or bond financing transactions.
Approval of these agreements does not:
• Authorize expenditures beyond amounts budgeted by the City Council; • Approve new positions;
• Approve construction contracts governed by the Public Contract Code; Item 9.m
• Approve labor agreements; or
• Commit the City to future appropriations.
Staff has reviewed each agreement to confirm that sufficient appropriations exist within the proposed Fiscal Year 2026-27 Budget and that the agreements are necessary to support approved programs, projects, and operations. Future contract amendments exceeding established approval thresholds will be brought back to the City Council for consideration, as required.
Approval of these agreements will allow departments to continue providing essential services efficiently and effectively while maintaining compliance with applicable procurement requirements and ensuring continuity of operations. Many of the agreements are renewals of existing services and represent ongoing operational needs rather than new programs or initiatives.
With the adoption of the Fiscal Year 2026-27 Budget on June 23, 2026, funding for the services covered by these agreements will be appropriated within the budgets of the respective departments responsible for the operation, maintenance, and administration of these programs and services.
Accordingly, staff recommends that the City Council approve the agreements identified in Attachment 1 and authorize the City Manager, or designee, to execute the agreements on behalf of the City.
Attachment 1 provides a summary of each agreement, including the department, vendor, description of services, contract amount, cumulative contract amount, contract term, funding source, and justification for the contract (agreement).
Visit the City’s website at cityofvacaville.gov/transparency to review the list of contracts.
Environmental Impact:
This action is exempt from the California Environmental Quality Act (CEQA) because it is not a project that has the potential to result in either a physical change in the environment or a reasonably foreseeable indirect physical change in the environment, pursuant to California Code of Regulations Title 14 Section 15378(b)(5).
Fiscal Impact:
No additional appropriations are requested. Funding for the agreements identified in Attachment 1 is included in the proposed FY 2026-27 Budget. Funding for the agreements identified in Attachment 1 is included in the department budgets in the proposed FY 2026-27 Budget.
Amount Requested: None
Funding Source: Various
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Budget Distribution: The cost of staff time associated with this item are covered within the existing City Manager's Department operating budget.
Alternatives:
The City Council may choose to address some or all of these contracts individually, or request clarification.
• Approve a subset of the contracts: Council could choose to pull specific contracts for separate consideration. This may lead to service interruptions and project delays.
• Do not approve the contracts: This would require staff to renegotiate terms or re-bid services, causing significant operational delays.
Strategic Plan Goal/Initiative:
Goal 1: Organizational Culture
Goal 2: Economic Development
Goal 3: Quality of Life
Goal 4: Public Safety and Infrastructure
Goal 5: Fiscal Health
Levine Act:
No
Attachments:
Action Item – Resolution
Attachment 1: Contract List includes the following information:
• Department Name
• Contract/Vendor Name
• Description of Services
• Contract Amount
• Cumulative Contract Amount (including any amendments) beginning with the latest active agreement including all subsequent amendments.
• Current Contract Term
• Funding Source
• Justification for the Agreement
• Procurement Method
Attachment 2: Signing Authority Policy for Executing Agreements on Behalf of the City Item 9.m
CITY OF VACAVILLE
RESOLUTION NO. 2026-
Resolution of the City Council of the City of Vacaville Approving Four Agreements and Contract Amendments Totaling Approximately $1,593,273 Supporting Essential City Operations, Capital Improvement Projects, Regulatory Compliance, and Organizational Services
Whereas, City departments periodically require specialized professional, technical, maintenance, and operational services to support ongoing programs, projects, and the delivery of essential municipal services; and
Whereas, agreements for these services are necessary to maintain continuity of services and provide the professional support needed to successfully implement and complete initiatives, capital improvement projects, regulatory compliance efforts, and operational priorities; and Whereas, consultants and service providers associated with these agreements offer expertise, resources, and capabilities that are either unavailable internally or are more costeffective to obtain through contracted services; and Whereas, until the Purchasing Policy is updated in 2027, the Signing Authority Policy states that contracts with a single or cumulative value exceeding $150,000 require City Council approval; and
Whereas, this interim measure is intended to strengthen contract oversight and increase transparency; and
Whereas, approval of these agreements will allow departments to continue providing essential services efficiently and effectively while maintaining compliance with applicable procurement requirements and ensuring continuity of operations.
Now, therefore, be it resolved by the City Council of the City of Vacaville that the City Council does hereby approve the listed four agreements and contract amendments totaling $1,593,273.
I hereby certify that the foregoing resolution was introduced and passed at a regular meeting of the City Council of the City of Vacaville, held on the 23rd of June, 2026, by the following vote:
Ayes:
Noes:
Absent:
Attest:
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_____________________________
Michelle A. Thornbrugh, City Clerk
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6-23-26 Batch Contract List for Council Approval.xlsx
Department Contractor/Vendor Name Description of Services Contract Amount (Original) Cumulative Contract Amount (including amendments)
Current Contract Term Funding Source Justification for the Agreement Procurement Method (RFP, RFQ, Co-operative purchasing agreement, sole source, etc.
Community & Economic Development
TRB and Associates Inc. On-call building inspection and plan review services $250,000.00 $727,843.00 FY27 CED Enterprise Fund2022.20.2003.331
Senior inspector, supplement inspectors, and plan review services to maintain acceptable service levels RFP
Community & Economic Development
Environmental Science Associates Planning services for the Peabody Allison Specific Plan $1,198,926.00 $1,213,926.00 FY27 Grant funded Fund 2919 Preparation of a PDA plan funded by ABAG / MTC RFP Community & Economic Development
California Biomanufacturing Center Sponsorship of California Biotechnology Center $ 75,000.00 $1,065,000.00 FY27 Measure M 1002.16.1601.324 ARPA2095.16.1602.350
Supporting Biotechnology and Advanced Manufacturing Initiative Sole source
Community & Economic Development
Superion, LLC Central Square (TRAKIT) Five Year Software Subscription and Implementation $ 69,347.40 $436,632.28 FY24-29 CED Enterprise Fund 2022.20.2003.621 2022.20.2003.6722023.20.2013.621
Land management software RFP