Folsom City Council
August 22, 2023

1 Agenda
City Council Regular Meeting
City Council Chambers | 50 Natoma Street, Folsom CA 95630 August 22, 2023
6:30 PM
Welcome to Your City Council Meeting
We welcome your interest and involvement in the city’s legislative process. This agenda includes information about topics coming before the City Council and the action recommended by city staff. You can read about each topic in the staff reports, which are available on the city website and in the Office of the City Clerk. The City Clerk is also available to answer any questions you have about City Council meeting procedures.

Participation
If you would like to provide comments to the City Council, please:
 Fill out a blue speaker request form, located at the back table.  Submit the form to the City Clerk before the item begins.  When it’s your turn, the City Clerk will call your name and invite you to the podium.  Speakers have three minutes, unless the presiding officer (usually the mayor) changes that time.

Reasonable Accommodations
In compliance with the Americans with Disabilities Act, if you are a person with a disability and you need a disability-related modification or accommodation to participate in this meeting, please contact the City Clerk’s Office at (916) 461-6035, (916) 355-7328 (fax) or [email protected]. Requests must be made as early as possible and at least two full business days before the start of the meeting.

How to Watch
The City of Folsom provides three ways to watch a City Council meeting:

In Person Online On TV

City Council meetings take place at
City Hall, 50 Natoma Street
Watch the livestream and replay past
meetings on the city website,
www.folsom.ca.us
Watch live and replays of meetings on
Sac Metro Cable TV, Channel 14

More information about City Council meetings is available at the end of this agenda

2 City Council Regular Meeting
City Council Chambers | 50 Natoma Street, Folsom CA 95630 www.folsom.ca.us
Tuesday, August 22, 2023 6:30 PM

Rosario Rodriguez, Mayor

YK Chalamcherla, Vice Mayor Sarah Aquino, Councilmember Mike Kozlowski, Councilmember Anna Rohrbough, Councilmember

AGENDA

CALL TO ORDER
ROLL CALL:

Councilmembers: Rohrbough, Aquino, Chalamcherla, Kozlowski, Rodriguez The City Council has adopted a policy that no new item will begin after 10:30 p.m. Therefore, if you are here for an item that has not been heard by 10:30 p.m., you may leave, as the item will be continued to a future Council Meeting.

PLEDGE OF ALLEGIANCE

AGENDA UPDATE
BUSINESS FROM THE FLOOR:

Members of the public are entitled to address the City Council concerning any item within the Folsom City Council's subject matter jurisdiction. Public comments are limited to no more than three minutes. Except for certain specific exceptions, the City Council is prohibited from discussing or taking action on any item not appearing on the posted agenda.

SCHEDULED PRESENTATIONS:

1. Presentation from Assemblyman Josh Hoover of Grant Funds for the Johnny Cash Trail Art Project

2. Receive information from the Parks and Recreation Department regarding the Adopt a Trail Program

3. Presentation from Sacramento Ronald McDonald House Charities regarding their September 9, 2023 “Red Shoe Crawl” Fundraising Event in Historic Folsom CONSENT CALENDAR:

3 Items appearing on the Consent Calendar are considered routine and may be approved by one motion. City Councilmembers may pull an item for discussion.

4. Approval of July 25, 2023 Regular Meeting Minutes

5. Resolution No. 11084 - A Resolution Authorizing the City Manager to Execute an Agreement with Tesla for the Purchase of Two Police Vehicles

6. Resolution No. 11085 - A Resolution Authorizing the City Manager to Execute an Agreement with Folsom Lake Ford for the Purchase of Three Police Vehicles

7. Resolution No. 11086 – A Resolution Authorizing the City Manager to Execute a Construction Change Order with McGuire and Hester, Inc. for the Folsom Lake Crossing and East Natoma Street Friction Enhancement Project (Contract 174-21 23-015) and Appropriation of Funds

8. Resolution No. 11087 – A Resolution Authorizing the City Manager to Execute an Agreement with Western Truck Parts and Equipment Company, LLC. to Purchase Six Solid Waste Collection Vehicles

9. Resolution No. 11088 - A Resolution Authorizing the City Manager to Execute Contract Change Order No. 1 with Mozingo Construction, Inc. (Contract No. 174-21 23-020) for the Construction of the Folsom Boulevard 27-Inch Trunk Sewer Project (SECAP)

10. Resolution No. 11091 – A Resolution Authorizing the City Manager to Execute a Consultant and Professional Services Agreement with Jacobs Engineering Group for Preparation of the Central Business District Master Plan

11. Resolution No. 11092 – A Resolution Authorizing the City Manager to Execute the First Amendment to the Acquisition & Shortfall Agreement for Community Facilities District No. 20 (Russell Ranch)

12. Resolution No. 11095 – A Resolution Authorizing the City Manager to Execute a Construction Agreement with Central Valley Engineering and Asphalt, Inc. for the Trader’s Lane Parking Lot Improvement Project and Appropriation of Funds

13. Resolution No. 11097 - A Resolution Authorizing the City Manager to Execute a Memorandum of Understanding between the City of Folsom and the Folsom Police Management Association (FPMA)
PUBLIC HEARING:

14. Resolution No. 11094 – A Resolution Amending Resolution No. 10418 and Adopting an Updated Fee Schedule for the Ambulance Cost Recovery Program Provided by the Fire Department

15. Resolution No. 11096 – A Resolution Adopting the August 2023 Adjustment for the Folsom Plan Area Specific Plan Infrastructure Fees (SPIF) and Setting the Updated Amount of the SPIF Fees OLD BUSINESS:

16. Resolution No. 11090 - A Resolution Authorizing the Formation of the Central Business District Master Plan Citizens Advisory Committee

17. Resolution No. 11089 – A Resolution Authorizing the City Manager to Execute an Agreement with Water Systems Consulting, Inc. for the City of Folsom Water Vision and Appropriation of Funds
NEW BUSINESS:

18. Resolution No. 11093 – A Resolution of the City Council Authorizing the Mayor to Execute an Amendment to the Employment Agreement for the City Manager

4 COUNCIL REQUESTS FOR FUTURE AGENDA ITEMS:

CITY MANAGER REPORTS:

COUNCIL COMMENTS:

ADJOURNMENT

NOTICE: Members of the public are entitled to directly address the City Council concerning any item that is described in the notice of this meeting, before or during consideration of that item. If you wish to address Council on an issue, which is on this agenda, please complete a blue speaker request card, and deliver it to a staff member at the table on the left side of the Council Chambers prior to discussion of the item. When your name is called, stand to be recognized by the Mayor and then proceed to the podium. If you wish to address the City Council on any other item of interest to the public, when the Mayor asks if there is any “Business from the Floor,” follow the same procedure described above. Please limit your comments to three minutes or less.

NOTICE REGARDING CHALLENGES TO DECISIONS: Pursuant to all applicable laws and regulations, including without limitation, California Government Code Section 65009 and or California Public Resources Code Section 21177, if you wish to challenge in court any of the above decisions (regarding planning, zoning and/or environmental decisions), you may be limited to raising only those issues you or someone else raised at the public hearing(s) described in this notice/agenda, or in written correspondence delivered to the City at, or prior to, the public hearing.

As presiding officer, the Mayor has the authority to preserve order at all City Council meetings, to remove or cause the removal of any person from any such meeting for disorderly conduct, or for making personal, impertinent, or slanderous remarks, using profanity, or becoming boisterous, threatening or personally abusive while addressing said Council, and to enforce the rules of the Council.

PERSONS INTERESTED IN PROPOSING AN ITEM FOR THE CITY COUNCIL AGENDA SHOULD CONTACT A MEMBER OF THE CITY COUNCIL.

The meeting of the Folsom City Council is being telecast on Metro Cable TV, Channel 14, the Government Affairs Channel, and will be shown in its entirety on the Friday and Saturday following the meeting, both at 9 a.m. The City does not control scheduling of this telecast and persons interested in watching the televised meeting should confirm this schedule with Metro Cable TV, Channel 14. The City of Folsom provides live and archived webcasts of regular City Council meetings. The webcasts can be found on the online services page of the City's website www.folsom.ca.us.

In compliance with the Americans with Disabilities Act, if you are a person with a disability and you need a disability-related modification or accommodation to participate in this meeting, please contact the City Clerk’s Office at (916) 461-6035, (916) 355-7328 (fax) or [email protected]. Requests must be made as early as possible and at least two full business days before the start of the meeting.

Any documents produced by the City and distributed to the City Council regarding any item on this agenda will be made available at the City C lerk’s Counter at City Hall located at 50 Natoma Street, Folsom, California and at the Folsom Public Library located at 411 Stafford Street, Folsom, California during normal business hours.

Folsom City Council
Staff Re ort
RE,COMMENDATION / COI]NCIL ACTION
Staff recommends that the City Council receive and accept grant funds from Assemblyman Josh Hoover in the amount of $425,000 to support the Johnny Cash Trail Art Experience - Cash's Pick No. 2.

Respectfully submitted,
Christa Freemantle, CMC
City Clerk
MEETING DATE: 812212023
AGENDA SECTION: Scheduled Presentations
SUBJECT: Presentation from Assemblyman Josh Hoover of Grant Funds for the Johnny Cash Trail Art Project
FROM: City Clerk's Department
1

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Folsom City Council
Staff Re ort
Parks & Facilities Manager Chris O'Keefe will present the City Council with a presentation regarding the history and future of the Adopt-A-Trail Program.

Submitted,
Kelly Gonzalez, Parks & Recreation Director
MEETING DATE: 8t2212023
AGENDA SECTION: Scheduled Presentatrons
SUBJECT: Receive information from the Parks and Recreation Department regarding the Adopt a Trail Program
FROM: Parks and Recreation Department
1

08/22/2023 Item No.2.

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Senior Director of Community Relations Stacey Hodge, Ronald McDonald House Charities, will make a presentation regarding their upcoming fundraising event in the Historic District.

Respectfully submiued,
Christa Freemantle, CMC
City Clerk
MEETING DATE: 812212023
AGENDA SECTION: Scheduled Presentations
SUBJECT: Presentation from Sacramento Ronald McDonald House Charities regarding their September 9, 2023 "Red Shoe Crawl" Fundraising Event in Historic Folsom
FROM: City Clerk's Department
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08/22/2023 Item No.3.

Book 77 Page 132
Folsom City Council
July 25,2023
Gity Gouncil Regular Meeting

MINUTES
Tuesday, July 25, 2023 6:30 PM

CALL TO ORDER
The regular City Council meeting was called to order at 6:30 pm with Mayor Rosario Rodriguez presiding.

ROLL CALL:

Councilmembers Present Anna Rohrbough, Councilmember
Sarah Aquino, Councilmember
YK Chalamcherla, Vice Mayor
Rosario Rodriguez, Mayor
Councilmembers Absent:

Participating Staff:

Mike Kozlowski, Councilmember
City Manager Elaine Andersen
City Attorney Steven Wang
CFO/Finance Director Stacey Tamagni
City Clerk Christa Freemantle
Environmental and Water Resources Director Marcus Yasutake Parks and Recreation Manager Brad Nelson
Revenue Services Supervisor Elizabeth Hanna
Landscaping and Lighting Manager Zach Perras
Community Development Director Pam Johns

PLEDGE OF ALLEGIANCE
The pledge of allegiance was recited

AGENDA UPDATE
City Attorney Steven Wang announced that there was an amended staff report for item 10 and additional information for item 12.

DRAFT - Not fficial until approved by City Council Page 11 08/22/2023 Item No.4.

Book77 Page 133
Folsom City Council
July 25,2023
BUSINESS FROM THE FLOOR:

The following speaker addressed the City Council
Robert Dresser regarding lawsuits
SCHEDULED PRESENTATIONS:

1. Folsom Water - A Presentation Detailing the City's Water Rights, Contracts, Supplies, and Demands for Current and Future Water Customers
Environmental and Water Resources Director Marcus Yasutake made a presentation and responded to questions from the City Council.

CONSENT LENDAR:

Items appearing on the Consent Calendar are considered routine and may be approved by one motion. City Councilmembers may pull an item for discussion.

2. Approval of June 27 ,2023 Special and Regular Meeting Minutes

3. Approval of July 11,2023 Special and Regular Meeting Minutes

4. Resolution No. 11 071 - A Resolution Authorizing the City Manager to Execute a Construction Agreement with Pacific Excavation, lnc for the Highway Safety lmprovements Projects, Project PW22O2, at Various Locations Throughout the City as ldentified in the Local Road Safety Plan

5. Resolution No. 11 077 - A Resolution Authorizing the City Manager to Execute Amendment No. 6 to the Memorandum of Agreement (Contract No. 174-21 18-087) Regarding Sharing of Costs for Legislative Advocacy Services Between San Juan Water District and the City of Folsom

6. pulled for comment
7 . Resolution No. 1 1080 - A Resolution Authorizing Submission of Folsom Transportation Development Act Claim for Pedestrian and Bicycle Facilities Fiscal Year 2023-24 to the Sacramento Area Council of Governments

8. pulled for comment

9. pulled for comment
Motion by Gouncilmember Sarah Aquino, second by Vice Mayor YK Chalamcherla, to approve items 2-5 and 7 of the Consent Galendar.

Motion carried with the following roll call vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Gouncilmember(s): Rohrbough, Aquino, Chalamcherla, Rodriguez Councilmember(s): None
Councilmember(s): Kozlowski
Gouncilmember(s): None
DRAFT - Not fficial until approved by City Council Page 12 08/22/2023 Item No.4.

Book77 Page 134
Folsom City Council
July 25,2023
GONSENT GALENDAR ITEMS PULLED FOR DISCUSSION:

6. Resolution No. 1 1079 - A Resolution Authorizing the City Manager to Execute a Construction Agreement with Golden Bay Fence Plus lron Works, lnc. for the Folsom Zoo Perimeter Fence Project and Appropriation of Funds
Councilmember Sarah Aquino pulled the item to clarify details of the project. Parks and Recreation Planning Manager Brad Nelson provided clarification.

Motion by Gouncilmember Sarah Aquino, second by Vice Mayor YK Ghalamcherla, to approve Resolution No. 11079.

Motion carried with the following roll call vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

AYES:

NOES:

ABSENT:

ABSTAIN:

8. Resolution No. 11081 - A Resolution Accepting the Grant Award from the Regional Active Transportation Program for the Folsom-Placerville Rail Trail Gap Closure Project and Appropriation of Funds
This item was pulled for comment by Max Hoffstadt. Councilmember Sarah Aquino asked for clarification. Parks and Recreation Planning Manager Brad Nelson provided clarification.

The following speaker addressed the City Council
Max Hoffstadt
Motion by Councitmember Sarah Aquino, second by Vice Mayor YK Ghalamcherla, to approve Resolution No. 11081.

Motion carried with the following roll call vote:

Gouncilmember(s): Rohrbough, Aquino, Ghalamcherla, Rodriguez Gouncilmember(s): None
Gouncilmember(s): Kozlowski
Councilmember(s): None
Gouncilmember(s): Rohrbough, Aquino, Ghalamcherla, Rodriguez Gouncilmember(s): None
Gouncilmember(s): Kozlowski
Gouncilmember(s): None
g. Resolution No. 1 1083 - A Resolution Authorizing the City Manager to Execute an Agreement for Design Consulting Services with M. Neils Engineering, lnc. for an Electric Vehicle Charging System at the Corporation Yard
Vice Mayor YK Chalamcherla asked that more details be provided in future staff repofts.

Motion by Vice Mayor YK Chalamcherla, second by Councilmember Sarah Aquino, to approve Resolution No. 11083.

DRAFT - Not fficial until approved by City Council Page 13 08/22/2023 Item No.4.

Book77 Page'135
Folsom City Council
July 25,2023
Motion carried with the following roll call vote
Councilmember(s): Rohrbough, Aquino, Ghalamcherla, Rodriguez Gouncilmember(s): None
Councilmember(s): Kozlowski
Gouncilmember(s): None
AYES:

NOES:

ABSENT:

ABSTAIN:

PUBLIC HEARING:

10. Resolution No. 11078 - A Resolution of the City Council of the City of Folsom Approving and Confirming the Report of Delinquent Utilities Charges and Requesting Sacramento County to Collect Such Charges on the Tax Roll
Revenue Supervisor Elizabeth Hanna made a presentation and responded to questions from the City Council.

Mayor Rosario Rodriguez opened the public hearing. Hearing no speakers, the public hearing was closed.

Motion by Gouncilmember Sarah Aquino, second by Vice Mayor YK Ghalamcherla, to approve Resolution No. 11078.

Motion carried with the following roll call vote
AYES:

NOES:

ABSENT:

ABSTAIN:

Gouncilmember(s): Rohrbough, Aquino, Ghalamcherla, Rodriguez Councilmember(s): None
Gouncilmember(s): Kozlowski
Gouncilmember(s): None

11. Resolution No. 11082 - A Resolution Approving the Final Engineer's Report for the Following Landscaping and Lighting Districts for Fiscal Year 2Q23-2024 American River Canyon North, American River Canyon North No. 2, American River Canyon North No. 3, Blue Ravine Oaks, Blue Ravine Oaks No. 2, Briggs Ranch, Broadstone, Broadstone No. 4, Broadstone Unit No. 3, Cobble Ridge, Cobble Hills Ridge ll/Reflections ll, Folsom Heights, Folsom Heights No. 2, Hannaford Cross, Lake Natoma Shores, Los Cerros, Natoma Station, Natoma Valley, Prairie Oaks Ranch, Prairie Oaks Ranch No. 2, Prospect Ridge, Sierra Estates, Silverbrook, Steeplechase, The Residences at American River Canyon, The Residences at American River Canyon ll, Willow Creek Estates East, Willow Creek Estates East No. 2, Willow Creek Estates South, and Willow Springs
Landscaping and Lighting Manager Zach Perras made a presentation and responded to questions from the City Council.

Mayor Rosario Rodriguez opened the public hearing. Hearing no speakers, the public hearing was closed.

Motion by Gouncilmember Sarah Aquino, second by Vice Mayor YK Ghalamcherla, to approve Resolution No. 11082.

DRAFT - Not fficial until approved by City Council Page 14 08/22/2023 Item No.4.

Book77 Page 136
Folsom City Council
July 25,2023
Motion carried with the following roll call vote:

Councilmember(s): Rohrbough, Aquino, Chalamcherla, Rodriguez Gouncilmember(s): None
Gouncilmember(s): Kozlowski
Councilmember(s): None
AYES:

NOES:

ABSENT:

ABSTAIN:

NEW BUSINESS:

12. Consideration of Establishment of Community Priorities Advisory Committee and Direction to Staff
City Manager Elaine Andersen made a presentation and responded to questions from the City Council The City Council discussed the possibility of forming a committee. Clarification was provided by City Manager Elaine Andersen and Community Development Director Pam Johns.

The following speakers addressed the City Council:

1. Hitha Varganti

2. Bruce Cline

3. Robert Goss
The City Council continued discussing the feasibility of a committee Motion by Mayor Rosario Rodriguez to bring the item back for City Council approval to formalize the parameters of a Community Priorities Advisory Gommittee.

Motion failed for lack of a second.

GOUNCIL REQUEST FOR FUTURE AGENDA ITEMS
Councilmember Sarah Aquino requested future items for a status of ARPA funds and an update of the SeeClickFix program.

Vice Mayor YK Chalamcherla requested an item from the Community Development Department regarding their workload and processing time. Councilmember Anna Rohrbough added she would like a presentation regarding what is being done in the department behind the scenes including business development.

Mayor Rosario Rodriguez asked for a presentation from Choose Folsom regarding their recent Economic Development Study Mission.

DRAFT - Not fficial until approved by City Council

08/22/2023 Item No.4.

Book77 Page 137
Folsom City Council
July 25,2023

CITY MANA R REPORTS
City Manager Elaine Andersen announced the following: a four-month pipeline construction project on Folsom Boulevard, the Library eliminating late fees, National Night Out, 1Oth Annual Community Service Day and she gave a reminder of the August City Council Recess.

COUNCIL GOMMENTS:

Councilmember Anna Rohrbough commented regarding the Neighbors Helping Seniors program. She thanked everyone who reached out to her regarding the loss in her family.

Councilmember Sarah Aquino commented regarding Parks Makes Life Better and her visit to Econome Park. She suggested that the library loan out bocce ball equipment. She discussed attending an open house at the Toll Brothers clubhouse.

Vice Mayor YK Chalamcherla commented regarding Police Captain Eric Adams' retirement. He thanked staff regarding water rebates and utility delinquencies.

Mayor Rosario Rodriguez commented regarding an economic development study mission trip to Austin Texas, National Night Out and thanked speakers Hitha Varganti and Max Hoffstadt who spoke at the meeting.

ADJOURNMENT
There being no further business to come before the Folsom City Council, Mayor Rosario Rodriguez adjourned the meeting at 9:09 pm.

SUBMITTED BY
Christa Freemantle, City Clerk
ATTEST
Rosario Rodriguez, Mayor
DRAFT - Not fficial until approved by City Council Page 16 08/22/2023 Item No.4.

Folsom City Council
Staff ort

RECOMMENDATION / CITY COUNCIL ACTION
Staff recommends that the City Council pass and adopt Resolution No. 1 1084 - A Resolution Authorizing the City Manager to Execute an Agreement with Tesla for the Purchase of Two Police Vehicles for department use.

BACKGROUND / ISSUE
The City of Folsom strives to provide staff with mechanically sound, efficient, and safe vehicles. The City of Folsom and the Police Department are also committed to finding opportunities to effect positive impacts on public health and air quality. Our vision is to be a premier law enforcement agency, including through technological advances. The all-electric zero-emission Tesla has proven to be a leader in technological advancements with their vehicles and the technology they possess, which aligns with the vision of the Police Department.

California has a mandate that all new cars and light trucks sold in the state by 2035 be zero- emission vehicles. This includes vehicles powered by batteries. The state also has a goal of 5 million zero-emission vehicles on the roads by 2030 and 250,000 electric vehicle charging stations by 2025.
1 MEETING DATE: 8122/2023
AGENDA SECTION: Consent Calendar
SUBJECT: Resolution No.l1084 - A Resolution Authorizing the City Manager to Execute an Agreement with Tesla for the Purchase of Two Police Vehicles
F'ROM: Police Department

POLICY / RULE

08/22/2023 Item No.5.

Section 2.36.080 of the Folsom Municipal Code requires that contracts in excess of $70,952 be awarded by the City Council.

Section 2.36.140 of the Folsom Municipal Code requires a survey of available sources to determine whether there is only one source.

ANALYSIS
The Police Department does not currently own any zero-emission electric vehicles. The reduced initial cost, efficiency, zero emissions, reliability, and reduced maintenance costs compared to other vehicles makes them a viable fleet option. In addition, the Tesla is designed to be one of the safest vehicles on the road earning a five-star rating in every category and sub-category from the National Highway Transportation Safety Administration (t{HTSA).

Tesla is becoming an industry standard for many law enforcement agencies in California, including several in the region.

The Police Department intends to assess the suitability of Tesla for future department use for as many fleet vehicles as possible. The Police Department currently has several hybrid patrol vehicles. However, this will be the first all-electric vehicle the Police Department will own.

SOLE SOURCE
Tesla has been widely recognized as the leader in electric vehicles and technology; therefore, the Police Department is seeking Tesla vehicles. Tesla is the sole source of manufacture and is sold exclusively through Tesla.

FINANCIAL IMPACT
The Fiscal Year2023-24Budgetwas adopted and includes $500,000 for Police Department vehicles. The two Tesla vehicles we are seeking to purchase will total $108,838.28. It should be noted there are federal and state rebates that maybe applicable. There are adequate budgeted funds to cover the cost of the vehicles. Tesla periodically adjusts pricing and available options. Tesla has updated pricing across all models over the past 3 quarters. As for forecasted delivery time, the estimate has the potential to adjust.

ATTACHMENT
Resolution No. 1 1084 - A Resolution Authorizingthe City Manager to Execute an Agreement with Tesla for the Purchase of Two Police Vehicles 2 Page 18
08/22/2023 Item No.5.

Submitted,
Richard Hillman, Chief of Police
J Page 19
08/22/2023 Item No.5.

RESOLUTION NO. 11084

A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN

AGREEMENT WITH TESLA FOR THE PURCHASE OF TWO POLICE

VEHICLES
WHEREAS, the City has elected to purchase two Tesla vehicles for the Folsom Police Department; and
WHEREAS, the City is committed to finding opportunities to effect positive impacts on public health and air quality; and
WHEREAS' sufficient funds are budgeted and available in the Fiscal Year 2023-24 General Fund (Fund 010) Budget for the purchase ofthese vehicles; and WHEREAS, this purchase is through Tesla with standardized pricing and the vehicles are only sold directly through Tesla.

WHEREAS' the agreement will be in a format acceptable to the City Attorney.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Folsom hereby authorizes the City Manager to execute a purchase agreement with Tesla for the purchase of two vehicles in the amount of $108,838.28.

APPROVED AND ADOPTED this22nd day of August2023, by the following roll call vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Councilmembers(s)
Councilmembers(s)
Councilmembers(s)
Councilmembers (s)
Rosario Rodriguez, MAYOR
ATTEST:

Christa Freemantle, CITY CLERK
Resolution No 11084

08/22/2023 Item No.5.
jii--; i:'\'i
Folsom City Council
Staff ort

RECOMMENDATION / CITY COUNCIL ACTION
Staff recommends that the City Council pass and adopt Resolution No. 11085 - A Resolution Authorizing the City Manager to Execute an Agreement with Folsom Lake Ford for the Purchase of Three Police Vehicles.

BACKGROUND / ISSUE
The City of Folsom strives to provide police officers with mechanically sound, safe, and marked patrol vehicles capable of emergency responses. The Service Delivery Plan adopted by the City Council calls for the replacement of marked police cars at 75,000 miles. The Police Department is currently utilizing 15 vehicles with mileage exceeding 75,000 miles, 1 1 of which are marked patrol vehicles. Five Ford police vehicles were ordered from the Ford Motor Corporation in September 2022; however, the production of these vehicles remains unscheduled at this time.

Nationwide, the supply of vehicles is limited. This is disproportionately affecting SUVs, including vehicles for police service. The Police Department is fortunate to find tbree 2023 Ford Explorer Police package vehicles locally, ready for immediate delivery and upfitting.

POLICY / RULE
Section 2.36.080 of the Folsom Municipal Code requires that the City Council award contracts above $70,952.00.
1 MEETING DATE: 812212023
AGENDA SECTION: Consent Calendar
SUBJECT: Resolution No. 11085 - A Resolution Authorizing the City Manager to Execute an Agreement with Folsom Lake Ford for the Purchase of Three Police Vehicles
FROM: Police Department

08/22/2023 Item No.6.

Section 2.36.170 of the Folsom Municipal Code permits cooperative purchasing agreements for procuring supplies, equipment, service, or construction with one or more public procurement units following an agreement between the participants. Such cooperative purchasing may include but is not limited to, joint or multiparty contracts between public procurement units and open-ended state public procurement unit contracts, which are made available to the City.

ANALYSIS
Sport Utility Vehicles (SUVs) have become an industry standard for law enforcement since their introduction in 2013. Ford Explorers are proven to be incredibly durable and reliable for the heavy use demands typical of a police patrol vehicle' This purchase of three Ford Explorer police vehicles will reduce the number of marked patrol vehicles exceeding 75,000 miles to eight, with five Ford Explorer police vehicles remaining on order from prior authorized purchases.

SOLE SOURCE
The last vendor used to purchase Ford Explorers was Downtown Ford of Sacramento. We have tried to find vehicles from prior vendors to no avail and explored the possibility of adding different manufacturers' police package vehicles to our fleet (ex. Dodge Durango). We also utilized City Fleet Manager Scotty Borror, who contacted manufacturing representatives and could not locate any 2023 Ford Explorers available for purchase. These three vehicles are currently on the lot at Folsom Lake Ford.

The cost of these vehicles is $54,295.36 each. A staff report prepared in202l for purchasing six Ford Explorer police vehicles (Resolution No. 10676) quoted a per-vehicle price of 854,102.33. This quote from Folsom Lake Ford shows a nominal increase in cost.

FINANCIAL IMPACT
The Fiscal Year 2023-24 Budget includes $500,000 to purchase police vehicles. These funds are currently available in the General Fund (Fund 010) in the police department's budget. The cost to purchase these three Ford police vehicles is $162,886.08. Once these new vehicles go into service, three high-mileage police vehicles will be disposed of following City Policy.

ATTACHMENT
Resolution No. 11085 - A Resolution Authorizing the City Manager to Execute an Agreement with Folsom Lake Ford for the Purchase of Three Police Vehicles 2 Submitted,

08/22/2023 Item No.6.

Richard Hillman, Chief of Police
j Page 23
08/22/2023 Item No.6.

RESOLUTION NO. 11085

A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN

AGRE,EMENT WITH FOLSOM LAKE FORD FOR THE PURCHASE OF

THREE POLICE VEHICLES
WHEREAS, the City has elected to purchase three Ford police vehicles for the Folsom Police Department; and
WHEREAS, funding for the purchase of these police vehicles is budgeted and available in the Police Department's FY 23124 General Fund (Fund 010) budget; and WHEREAS, this purchase is through Folsom Lake Ford, the only vendor able to currently supply these vehicles.

WHEREAS, the agreement will be in a format acceptable to the City Attorney.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Folsom hereby authorizes the City Manager to execute a purchase agreement with Folsom Lake Ford for the purchase of three Ford police vehicles in the amount of $162,886.08.

APPROVED AND ADOPTED this 22nd day of August 2023, by the following roll call vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Councilmembers(s)
Councilmembers(s)
Councilmembers(s)
Councilmembers (s)
Rosario Rodriguez, MAYOR
ATTEST:

Christa Freemantle, CITY CLERK
Resolution No. I1085
Page I of 1 Page 24
08/22/2023 Item No.6.

B
Folsom City Council
Staff Re rt

RECOMMENDATION / CITY COUNCIL ACTION
The Public Works Department recommends that the City Council pass and adopt Resolution No. 11086 - A Resolution Authorizing the City Manager to Execute a Construction Change Order with McGuire and Hester, Inc. for the Folsom Lake Crossing and East Natoma Street Friction Enhancement Project (Contract 174-2123-015) and Appropriation of Funds.

BACKGROUND / ISSUE
In March 2023, the City Council approved Resolution No. 11004, authonzing a contract with McGuire and Hester, Inc. (M&H) for the Folsom Lake Crossing and East Natoma Street Friction Enhancement Project. The project was completed on June 30,2023,within budget and on schedule. This change order request consists of three emergency items of work described below that the City requested McGuire and Hester to perform in the interest of public safety.

Oak Avenue Parkway Drain Line Repair ($23,498.63) - On Oak Avenue Parkway, just north of East Bidwell Street, there is an existing corrugated slotted drainpipe that drains the roadway near the railroad tracks. On June 19,2023, City staff observed that the pipe had failed, leading to multiple voids in the roadway and metal from the slotted drain sitting above the roadway grade. The two southbound outside through lanes were immediately closed off for safety reasons. M&H was called in to perform an emergency repair of this drainpipe so that the roadway could be opened back up in a timely manner. M&H o
1 MEETING DATE: 812212023
AGENDA SECTION: Consent Calendar
SUBJECT: Resolution No. 11086 - A Resolution Authorizing the City Manager to Execute a Construction Change Order with McGuire and Hester, Inc. for the Folsom Lake Crossing and East Natoma Street Friction Enhancement Proj ect (Contract T7 4-21 23 -05 D and Appropriation of Funds
FROM: Public Works Department

08/22/2023 Item No.7.
a
responded immediately to inspect the work required, and the repairs were made on June 21 and22.

Greenback Lane Sinkhole ($54,804.76) - Over the weekend of June 24,2023, the City was notified of a pothole on Greenback Lane between American River Canyon Drive and the entrance to Black Miners Bay State Park. The Streets Division On-Call staff member was dispatched to the site and found alarge hole in the asphalt, leading to a void under the asphalt estimated to be approximately eight feet wide, eight feet long and six feet deep.

Due to the concern of the asphalt giving way and creating alnge opening in the travel lane, the westbound outside lane was immediately closed off to traffrc, and a trench plate was placed over the hole in the asphalt. M&H was called in to perform an emergency investigation of the condition. Their investigation revealed that the void under the asphalt *ur uppro*imately twice as big as originally estimated and was located beneath not only ttre outiide lane but the inside lane as well. The westbound lanes of traffic were closed immediately to ensure public safety, and within two hours, extensive traffic control was set up to divert both directions of travel into the eastbound lanes to avoid major traffic congestion.

M&H worked diligently June 27 and28 to excavate the area to determine the cause of the sinkhole. After excavating to a depth of approximately 25 fee,t, no utilities were encountered and the cause could not be determined. M&H was instructed to filI the void with a controlled low-strength slurry mix that would stabilize the ground in the area and reduce the concern of the sinkhole reappearing. Additional investigative work will be scheduled under non-emergency conditions to determine if a storm drain caused the sinkhole.
o Natoma Alley Storm Drain Repair ($15,173.78) - This item is related to the Environmental and Water Resource Department's conttact with M&H for the Natoma Alley Sewer Rehabilitation project. In the alley behind 309 Natoma Street, an existing storm drain manhole collapsed under the load of one of M&H's construction vehicles.

Public Works engineers assessed the damaged and determined that the existing manhole was not structurally sufficient for normal traffic loading and therefore would not be the responsibility of M&H to repair. It was agreed that M&H would perform the repairs as directed and the City would cover the cost.

The above items of work were performed on a time and materials basis, with City staff directing the repairs, inspecting the work, and documenting the labor, equipment and materials used for the repairs.

POLICY / RI]I,E
Section 2.36.080, Award of Contracts of the Folsom Municipal Code states, in part, that contracts for supplies, equipment, services and construction with an estimated value of $70,952 or greater shall be awarded by City Council.
2 Page 26
08/22/2023 Item No.7.

ANALYSIS
Staff has reviewed the Daily Extra Work Reports submitted by M&H and has found them to be consistent with the inspection records for each repair.

M&H was chosen to perform these emergency repairs since their crews were already in town performing work on various other City projects and they were able to mobilize immediately to shorten the impact that these conditions created'

F'INANCIAL IMPACT
The City Council's approval of Resolution No. 11004 authorized the contract with M&H for the Folsom Lake Crossing and East Natoma Friction Enhancement Project for $456,500, with atotal not-to-exceed amount of $502,150, which included a |}oh contingency in the amount of$45,650 for potential change orders.

Of the $45,650 contingency,$3,577 .05 was utilized on minor quantity overages for the Folsom Lake Crossing and East Natoma Friction Enhancement Project, leaving 542,072.95 available to fund these emergency repairs.

The total change order amount, including the minor quantity overages and the three emergency repairs, is $97,054.22.

If approved, this construction change order would increase the authorized amount by $51,404.221o $507,904.22,withatotalnot-to-exceed contract amount of $553,554.22.

Funds in the amount of $51,404.22 are available in the Measure A Fund (Fund 276) to be appropriated to this project.

ENVIRONMENTAL REVIEW
This project has been deemed categorically exempt from environmental review ATT
ResolutionNo. 11086 - A Resolution Authorizing the City Manager to Execute a Construction Change Order with McGuire and Hester, Inc. for the Folsom Lake Crossing and East Natoma Street Friction Enhancement Project (Contract 174-2I23-015) and Appropriation of Funds Submitted,
Mark Rackovan, PUBLIC WORKS DIRECTOR
a
-l Page 27
08/22/2023 Item No.7.

RESOLUTION NO. 11086

A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A
CONSTRUCTION CHANGE ORDER WITH MCGUIRE AND HESTER, INC. FOR THE

FOLSOM LAKE CROSSING AND EAST NATOMA STREET FRICTION
ENHANCEMENT PROJECT (174-2123-105) AND APPROPRTATION OF FUNDS WHEREAS, the City Council approved contract 174-2123-105 with McGuire and Hester, Inc. for the Folsom Lake Crossing and East Natoma Street Friction Enhancement Project; and WHEREAS, McGuire and Hester, Inc. was directed to make emergency repairs to the corrugated slotted drainpipe on Oak Avenue Parkway north of East Bidwell Street; and WHEREAS, McGuire and Hester, Inc. was directed to make emergency repairs to a sinkhole that occurred on Greenback Lane,iust east of American River Canyon Drive; and WHEREAS, McGuire and Hester, Inc. was directed to make emergency repairs to a storm drain manhole in the alley behind 309 Natoma Street that was not structurally sufficient for normal traffic loading; and
WHEREAS, the total amount of the construction change order is $97,054.22; and WHEREAS, an additional appropriation will be required in the amount of $5I,404.22 from the Measure A Fund (Fund 276), increasing the project budget to $553,55 4.22; and WHEREAS, the agreement will be in a form acceptable to the City Attorney:

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Folsom authorizes the City Manager to execute a construction change order with McGuire and Hester, Inc. for the Folsom Lake Crossing and East Natoma Street Friction Enhancement Project in the amount of $97,054.22.

NOW, THEREFORE, BE IT FURTHER RESOLVED that the Finance Director is authorized to appropriate $5 1,404.22 from the Measure A Fund (Fund 276) for the Folsom Lake Crossing and East Natoma Street Friction Enhancement Project, fot a total not-to-exceed contract amount of $553,544.22.

PASSED AND ADOPTED this22"d day of August2}23,by the following roll-call vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Councilmember(s):

Councilmember(s):

Councilmember(s):

Councilmember(s):

ATTEST
Resolution No. 11086
Page I of2
Rosario Rodriguez, MAYOR

08/22/2023 Item No.7.

Christa Freemantle, CITY CLERK
Resolution No. 11086
Page2 of2 Page 29
08/22/2023 Item No.7.

This poge intentionally left blonk
to focilitate double- sided printtng .

CITY OF
FOLS(}1r{
DIST!NCTIVE BY NAYURE

08/22/2023 Item No.7.

Folsom City Council
Staff ort
MEETING DATE: 812212023
AGENDA SECTION: Consent Calendar
SUBJECT: Resolution No. 11087 - A Resolution Authorizing the City Manager to Execute an Agreement with Western Truck Parts and Equipment Company, LLC to Purchase Six Solid Waste
Collection Vehicles
FROM: Public Works Department

RE,COMMENDATION / COIINCIL ACTION
The Public Works Department recommends that the City Council pass and adopt Resolution No. 11087 - A Resolution Authorizing the City Manager to Execute an Agreement with Westem Truck Parts and Equipment Company, LLC to Purchase Six Solid Waste Collection Vehicles.

BACKGRO / ISSI]E,
The Public Works Department must maintain a fleet of collection vehicles that is able to provide efficient and reliable solid waste collection service. The City's requirement for these collection vehicles is based on the need to replace its aging fleet (pursuant to the Solid Waste Division's replacement schedule) and to provide the current level of services. The collection vehicles in this purchase are all budgeted to replace existing vehicles.

This resolution will authorize the City Manager to execute an agreement with Western Truck Parts and Equipment Company, LLC (Western Truck) for the purchase of four automated side loader collection vehicles, one front loader collection vehicle, and one roll off collection vehicle. The total cost for the purchase of these vehicles will not exceed 52,738,479.23.

Sufficient funds to purchase the replacement vehicles are budgeted and available in the Fiscal Year 2023-24 Solid Waste Operating Fund (Fund 540).
1

08/22/2023 Item No.8.

POLICY / RIII,F],
Section 2.36.120 of the Folsom Municipal Code states, in part, that contracts for supplies, equipment, services, and construction with an estimated value of $70,952 or greater shall be awarded by the City Council.

Section 2.36.170 of the Folsom Municipal Code permits cooperative purchasing agreements for the procurement of any supplies, equipment, service, or construction with one or more public procurement units in accordance with an agreement entered into or between the participants.

ANALYSIS
Sourcewell is a national cooperative purchasing entity of which the City of Folsom is a member. The City has purchased numerous items through Sourcewell. Western Truck has a current contract with Sourcewell for solid waste collection vehicles at a price that has been assessed to be fair, reasonable, and competitive.

Sourcewell contract number #060920-PMC will be utilized for the purchase of solid waste collection vehicles.
o New Way Automated Side Loader with Battle Motors chassis - $480,805.66 per vehicle o New Way Front Loader with Battle Motors chassis - 5462,214.59 per vehicle o Amrep Roll Off with Battle Motors chassis - $353,042.00 per vehicle This price includes taxes, tire fees, and delivery

FINANCIA I,IMPACT
A total of $2,831,576 has been appropriated within the Fiscal Year 2023-24 Solid Waste Operating Budget to purchase vehicles. The budget includes $2,731,350 for collection vehicles and $100,226 for two medium duty work trucks. Due to higher than anticipated costs of the collection vehicles, this purchase will utilize $7,130 of funding intended for the medium duty work trucks, potentially impacting those purchases to be requested later in the fiscal year. The Department is requesting that the contract be authorized for a not to exceed amount of $2,738,479.23. Sufficient funds to purchase the replacement and fleet expansion vehicles are budgeted and available in the Fiscal Year 2023-24 Solid Waste Operating Fund (Fund 540).

Due to the long production time for collection vehicles, the outlay of funds for this purchase are expected to begin toward the end of the fiscal year and will be staggered based on when the City accepts delivery of each vehicle.

ENVIRONMENTAL REVIEW
This action is exempt from environmental review under the California Environmental Quality Act (CEQA).
2 Page 32
08/22/2023 Item No.8.

ATTACHMENT
Resolution No. 11087 - A Resolution Authorizing the City Manager to Execute an Agreement with Westem Truck Parts and Equipment Company,LLC to Purchase Six Solid Waste Collection Vehicles
Submitted,
Mark Rackovan, Public Works Director
J Page 33
08/22/2023 Item No.8.

RE,SOLUTION NO. 11087

A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN

AGREEMENT WITH WESTERN TRUCK PARTS AND EQUIPMENT COMPANY'

LLC TO PURCHASE SIX SOLID WASTE COLLECTION VEHICLES
WHEREAS, the Public Works Department has validated its need to purchase four automated side loader solid waste collection vehicles, one front loader solid waste collection vehicle, and one roll off solid waste collection vehicle based on the department's replacement and expansion schedule; and
WHEREAS, this purchase will be made through Sourcewell, which used its recognized cooperative purchasing agreement to award a contract to Western Truck Parts and Equipment Company, LLC in an amount not to exceed $2,738,479'23; and WHEREAS, sufficient funds are available in the Fiscal Yean 2023-24 Solid Waste Fund (Fund 540) Operating Budget which included $2,831,576 for the purchase of vehicles; and WHEREAS, staff recommends the execution of a contract with Western Truck Parts and Equipment Company, LLC for the purchase of four automated side loader, one front loader, and one roll off solid waste collection vehicles; and
WHEREAS, the agreement will be in a form acceptable to the City Attorney:

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Folsom authorizes the City Manager to execute an agreement with Western Truck Parts and Equipment Company, LLC to purchase Six Solid Waste Collection Vehicles for the Public Works Department at a not to exceed amount of $2,738,479.23.
pASSED AND ADOPTED this22"d day of August2023,by the following roll-call vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Councilmember(s):

Councilmember(s):

Councilmember(s):

Councilmember(s):

Rosario Rodriguez, MAYOR
ATTEST
Christa Freemantle, CITY CLERK
Resolution No. 11087
Page I of 1 Page 34
08/22/2023 Item No.8.

Folsom City Council
Staff Re ort

RECOMMENDATION / COUNCIL ACTION
The Environmental and Water Resources Departments recommends that the City Council pass and adopt Resolution No. 11088 - A Resolution Authorizngthe City Manager to Execute Contract Change Order No. 1 with Mozingo Construction, Inc. (Contract No. 174-21 23-020) for the Construction of the Folsom Boulevard 27-lnch Trunk Sewer Project (SECAP).

BACKGROUND / ISSUE
The Environmental and Water Resources (EWR) Department identifies sewer infrastructure rehabilitation and replacement projects through sewer master plans and ongoing sewer condition assessment programs. As part of the City's Sewer System Management Plan for its wastewater collection system, the EWR Department performs ongoing condition assessments on the wastewater system and corrects any defects/deficiencies identified through this process.

Through these efforts, City staff identified the Folsom Boulevard 27-inchTrunk Sewer Project as needing improvements.

This project involves the construction and operation of a parallel2l-inch sewer line adjacent to the City's existing Z7-inch Folsom Boulevard Trunk Sewer along Folsom Boulevard between Blue Ravine and Bidwell Street. The purpose of the parallel 2l-inch gravity sewer line is to provide wet weather flow capacityhedundancy. 1 MEETING DATE: 812212023
AGENDA SECTION: Consent Calendar
SUBJECT: Resolution No. 1 1088 - A Resolution Authorizing the City Manager to Execute Contract Change Order No. 1 with Mozingo Construction,Inc. (ContractNo. 174-21 23-020) for the
Construction of the Folsom Boulevard 27-Inch Trunk Sewer Project (SECAP)
FROM: Environmental and Water Resources Department

08/22/2023 Item No.9.

In late 2022, the EWR Department was made aware that Sacramento Regional Transit (Sacramento RT) also had a project that was occurring along Folsom Boulevard between Blue Ravine and Bidwell Street with a planned start date of August 2023.In order to minimize traffic impacts, promote project efficiency and reduce project costs through shared Traffic Control, the City moved up the project schedule for the Folsom Blvd27-inch Trunk Sewer Project to match Sacramento RT's project schedule. The City's efforts included:
supply chain issues. ihir *ur upproved through City Council on February 28th,2023, through Resolution No. 1 0992.

Sacramento RT's project schedule (August 2023). The City received bids on March 281h,2023, for construction of the Folsom Boulevard 27-Inch Trunk Sewer Project (SECAP). On April 25th , 2023 , through Resolution No. 1 1 028, City Council awarded the Contract to Mozingo Construction Inc. as the lowest responsible and responsive bidder who met the requirements and specifications set forth in the invitation for bid.

The plans and specification that were issued during bid time allowed the City's contractor for the Folsom Boulevard Z7-Inch Trunk Sewer Project (SECAP) to utilize Sacramento RT's traffrc control along Folsom Boulevard from Parkshore Drive to Bidwell Street, which resulted in a cost savings to the City of Folsom.

However, after the Folsom Boulevard Z7-Inch Trunk Sewer Project (SECAP) was awarded to Mozingo Construction, the initial Sacramento RT project start date (August 2023) was delayed to October 2023. The City began working with Mozingo Construction to adjust the Folsom Boulevard 27-lnch Trunk Sewer to match the revised Sacramento RT start date of October 2023. However, during this process the City was informed that the Sacramento RT project was being further delayed to mid-November 2023 or possibly December.

Delaying the Folsom Boulevard 27-Inch Trunk Sewer Project (SECAP) until mid-November could create significant risks to the City's wastewater collections system. In order to avoid significant project risks such as ground water issues and peak wet weather flow capacity conditions, construction of the Folsom Boulevard 27-lnch Trunk Sewer Project (SECAP) needs to occur during dry weather flow conditions.

Separating the project schedules and requiring separate traffic control resulted in additional costs to the project. Therefore, the Change Order No. 1 request with Mozingo Construction, Inc. is to implement traffic control along Folsom Boulevard from Parkshore Drive to Bidwell Street that was originally part of Sacramento RT's Project in the amount of $147,529.00.

This Resolution will authorize the City Manager to execute Contract Change Order No. 1 with Mozingo Construction, Inc (Contract No. 174-21 23-020) for the Construction of the Folsom B oulevard 27 -Inch Trunk S ewer Proj ect (SECAP).
2 Page 36
08/22/2023 Item No.9.

POLICY / RULE
Section 2.36.120 of the Folsom Municipal Code states, in part, that contracts for supplies, equipment, services, and construction with an estimated value of $70,952 or greater shall be awarded by the City Council.

ANALYSIS
Change Order No. 1 with Mozingo Construction, Inc. is to implement separate traffic control along Folsom Boulevard from Parkshore Drive to Bidwell Street that was originally part of Sacramento RT's Project.

This Resolution will authorize the City Manager to execute Contract Change Order No. I with Mozingo Construction, Inc. (Contract No. 174-21 23-020) for the Construction of the Folsom B oulevard 27 -Inch Trunk S ewer Proi ect ( S ECAP).

FINANCIAI,IMPACT
On April 25,2023, through Resolution No. 11028, City Council authorized the City Manager to execute an agreement with Mozingo Construction, Inc. for the construction of the Folsom Boulevard 27-Inch Trunk Sewer Project (SECAP) in the amount of $4,918,900 with a total project budget for this agreement in the amount of $5,410,790 which included a l0o/o contingency in the amount of $491,890.

The EWR Department is requesting an increase of Mozingo Construction, Inc. contract by 5147,529 for a total not-to-exceed project budget for this agreement in the amount of $5,558,319. The EWR Department requests this increase is separate from the 10o% contingency to preserve those funds for the potential unknown sight conditions and constraints as the project proceeds. Sufficient funds are budgeted and available in the Sewer Operating Fund (Fund s30).

ENVIRONMENTAL REVIEW
The Folsom Boulevard 27-Inch Trunk Sewer Project (SECAP) was designed to avoid direct and indirect impacts to the environment. Pursuant to Califomia Environmental Quality Act (CEQA) Guidelines Section 15303 (d), the proposed project consists of construction and installation of a sewer line of reasonable length to serve the needs of the City of Folsom.

Pursuant to CEQA Guidelines Section 15301 (b), the project will accommodate current flow conditions and provide redundancy to the existing sewer system in the City of Folsom. Each segment of the proposed project was designed and will be constructed to avoid environmentally sensitive areas. The project design placed the pipeline mainly within roadways and as far away as possible from environmentally sensitive areas. The proposed new pipeline will be located on the same site as the existing public utilities pipeline. The overall design of the project has no signihcant impacts to the environment and will be exempt from CEQA review. 3 Page 37
08/22/2023 Item No.9.

ATTACHMENT
Resolution No. 11088 - A Resolution Authorizing the City Manager to Execute Contract Change Order No. 1 with Mozingo Construction, Inc. (Contract No. 174-21 23-020) for the Construction of the Folsom Boulevard 27-InchTrunk Sewer Project (SECAP) Submitted,
Marcus Yasutake, Director

ENVIRONMENTAL AND WATER RESOURCES DEPARTMENT
4 Page 38
08/22/2023 Item No.9.

RESOLUTION NO. 11088

A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACT CHANGE ORDER NO. I WITH MOZTNGO CONSTRUCTION, INC. (CONTRACT NO. 174-2123-020) FOR THE CONSTRUCTTON OF THE FOLSOM BOULEVARD 27-INCH

TRUNK SEWER PROJECT (SECAP)
WHEREAS, the City is currently implementing its Sanitary Sewer System Management Plan which consists of condition assessment, as well as operation and system improvements; and WHEREAS, the City is continuing to update its System Evaluation and Capacity Assurance Plan to identifu recommended system capacity improvements; and WHEREAS, the City has identified this project to help proactively ensure that future General Plan and build out sewer flow conditions are accounted for in the ultimate operation of the sanitary sewer collection system; and
WHEREAS, on April 25,2023,through Resolution No. 1 1028, the City Council approved awarding a contract to Mozingo Construction, Inc. for the construction of the Folsom Boulevard 27-InchTrunk Sewer Proiect (SECAP); and
WHEREAS, the EWR Department requests this increase is separate from the l0o/o contingency to preserve those funds for the potential unknown sight conditions and constraints as the project proceeds; and
WHEREAS, the project is categorically exempt from environmental review under the California Environmental Quality Act; and
WHEREAS, this project is included in the FY 2023-24 Capital Improvement Plan with a project budget of $8,023,945;' and
WHEREAS, the Change Order will be in a form acceptable to the City Attorney:

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Folsom authorizes the City Manager to execute Contract Change Order No. 1 with Mozingo Construction, Inc. (Contract No. 174-21 23-020) for the Construction of the Folsom Boulevard 27-Inch Trunk Sewer Project (SECAP) for an additional Sl47 ,529 for a total not-to-exceed amount of $5,558,319.

PASSED AND ADOPTED this22"d day of August,Z}23,by the following roll-call vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Councilmember(s):

Councilmember(s):

Councilmember(s):

Councilmember(s):

Resolution No. I1088

08/22/2023 Item No.9.

Rosario Rodriguez, MAYOR
ATTEST
Christa Freemantle, CITY CLERK
Resolution No. 11088
Page2 of2 Page 40
08/22/2023 Item No.9.

Folsom City Council
Staff Re ort
MEETING DATE: 812212023
AGENDA SECTION: Consent Calendar
SUBJECT: Resolution No. 11091 - A Resolution Authorizing the City Manager to Execute a Consultant and Professional Services Agreement with Jacobs Engineering Group for Preparation of the Central Business District Master Plan
FROM: Community Development Department

RECO TION / CITY C ACTION
Staff recommends the City Council approve Resolution No. 11091 - A Resolution Authorizing the City Manager to Execute a Consultant and Professional Services Agreement with Jacobs Engineering Group for Preparation of the Central Business District Master Plan.

BACKGRO IND / ISSI]E
The Central Business District is generally located along East Bidwell and Riley Streets between Sutter Middle School and Blue Ravine Road. This area was the City's original commercial service area and it continues to provide vital community services. Revitalization of this aging commercial corridor has been studied and discussed for the last two decades. Earlier this year, City Council adopted a Strategic Plan prioritizingthe preparation of a Central Business District Master Plan.

The Folsom Plan2035 contains specific goals and corresponding policies relevant to the Central Business District as follows:

Goal LU 7.I Provide for a commercial base of the city to encourage a strong tax base, more jobs within the city, a greater variety of goods and services, and businesses compatible with Folsom's quality of lfe
Policy LU 3.1.5 - Encourage new development along East Bidwell Street by creating a stronger mixed-use development pattern, both horizontal and vertical, with an emphasis on medium- and higher-density housing, while also addressing local and citywide demand for retail and services.
1

08/22/2023 Item No.10.

Policy LU 3.1.6- Encourage development of mixed-use proiects that create awalkable, vibrant district along East Bidwell Street between Coloma Street and Blue Ravine Road- Poticy L(l 7.1.2 Encourage development ofunderutilized andvacant parcels in commercial ,orui to improve the aesthetic appearance and enhance the vitality of commercial areas.

Policy LU g. L7 Encourage efforts to establish and promote district identities (e.g., urban centers, East Bidwell Street) through the use of signage, wayfinding signage, streetscape and building design standards, advertising, and site-specific historic themes.

In support of these goals, on April 12, 2022, the City Council approved the use of American necoviry Plan Act (ARPA) funds in the amount of $260,000 for retention of a planning consultant to prepaie the Central Business District Master Plan. In January 2023, the City Council gave additional direction to staff to proceed with the Master Plan Planning and Community Engagement Process.

POLICY / RIII,FJ,
Section 2.36.120 of the Folsom Municipal Code directs that professional services costing more than $70,952 dollars shall be approved by the City Council.

Consistent with the Municipal Code Section2.360 (G), the award of a negotiated bid proposal shall be made to the consultant whose proposal is determined to be the most advantageous to the City, including evaluation factors set forth in the request for proposals and price.

ANALYSIS
The Central Business District Master Plan selection process included three steps: 1) submittal of a Statement of Qualifications, 2) submittal of a Request for Proposals (MPs), Schedule and Professional services Fee and 3) interviews of the top two firms.

The Request for Qualifications was distributed to thirty-three planning, landscape architecture, engineeiing and architecture firms. The Community Development Department received four comprehensive statements of qualifications from the following firms:
o Dahlin
o Jacobs Engineering Group
o Melton Design Group
o Sargent Town Planning
A committee of five city staff from the Community Development Department, Parks and Recreation, Public Works, and Communications reviewed each of the Statements of Qualifications and scored them under the criteria listed below'

1. Firm Team Introduction and Background

2. Design/Planning Approach

3. Community Engagement Experience, Methods and Strategies 2 Page 42
08/22/2023 Item No.10.

4. Proposed Staff/Project Team

5. Project Experience
While Dahlin is an architectural firm with strong urban placemaking, the qualifications package did not exhibit extensive public outreach expertise. Because this will be a large part of the Master plan effort, Dahlin was eliminated from advancing to the next stage of the process. Based on the strength of the submitted Qualifications, three of the four firms were invited to respond to the RFP (Jacobs, Melton and Sargent).

After submission of the RFP, the same staff committee of five completed a full review of the Request for Proposals and evaluated them based on the following criteria:

1. Did the proposal identifu the key objectives of the Master Plan? (Promote mixed use, transportation improvements, economic development, infi ll housing)?

2. Does the proposal identify strategies to complete each component of the Master Plan?

3. Do the work tasks provide sufficient detail to demonstrate effectiveness in achieving project objectives in the preparation of the Master Plan?

4. Does the proposal provide adequate community engagement in addition to the citizens advisory committee process?

5. Does the proposal include urban design solution analysis for placemaking, bicycle and pedestrian improvements, and landscaping improvements etc. ?

6. Does the proposal include analysis and discussion of key economic development opportunities?
7 . Does the proposal include preparation of an Initial Study for environmental review?

8. Does the project schedule include adequate meetings with city staff, citizen's advisory committee pfocess, and Planning Commission and City Council meetings?

9. Does the schedule identify the steps to realistically complete the project in a two-year timeframe?

10. Does the proposal clearly identifu staff time, subconsultant costs, administrative fees (budget for copies)?
1 1. Does the proposal clearly identiff optional tasks? Based on the submittal, Sargent expressed concern regarding the budget and therefore did not include all of the required tasks in the proposal. The submittal for both Melton Design Group and Jacobs Engineering Group included all of the City's objectives and came within two points of each other in the staff committee scoring. In addition, both proposals came in on budget, each proposing a fee of $260,000 that met the City's objectives for the work effort. Therefore, both consulting teams were invited to an interview. The staff committee ranked the consultants in the interview based on the following:
l Presentation (professional, team approach etc.).

2. Understanding of the Project and City's Goals (outreach, traffrc improvements, Urban Design solutions and economic development).

3. Ability to integrate existing efforts into the Master Plan

4. Ability to stay within Budget.

5. Approach to Business owner/absentee owner Buy-in
J Page 43
08/22/2023 Item No.10.

6. Identified near term traffrc improvements.

7. Adequately answered Interview Questions and ability to prepare a plan that can be implemented.

While both firms were highly qualified, in the end it was determined that Jacobs Engineering Group included the consultant and subconsultant team that most closely matched the City's goals in the preparation of a Master Plan. In addition to Jacobs, the consultant team includes Aim Consulting which specializes in public outreach and will be instrumental in leading the Citizen Advisory Committee and other public outreach efforts, Kimley-Horn will provide transportation expertise and is familiar with the project area, having completed the East Bidwell Complete Streets Corridor Plan, and Bay Area Economics (BAE) will provide expertise on economic development strategies.

ENVIRO AI, REVIEW
The recommended contract action of the City Council is not a project as defined by the California Environmental Quality Act (CEQA) and therefore does not require environmental review.

FISCAL IMPACT
The City Council previously approved the use of a portion of the Crty's American Rescue Plan Act (ARPA) funds in the amount of $260,000 for development of this plan. Jacobs Engineering Group's contract would be in an amount not to exceed $260,000.

ATTACHMENTS

1. ResolutionNo. 11091 - A Resolution Authorizingthe City Manager to Execute a Consultant and Professional Services Agreement with Jacobs Engineering Group for Preparation of the Central Business District Master Plan
Submitted,

PAM JOHNS
Community Development Director
4 Page 44
08/22/2023 Item No.10.

RESOLUTION NO. 11091

A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A

CONSULTANT AND PROFESSIONAL SERVICES AGRE,EMENT WITH

JACOBS ENGINEERING GROUP FOR PREPARATION OF

THE CENTRAL BUSINESS DISTRICT MASTER PLAN
WHEREAS, staff conducted a selection process in accordance with Section 2.36.lI0 and2.36.120 of the Folsom Municipal Code for consulting and professional services for planning, design, and environmental services for the Central Business District Master Plan; and WHEREAS, staff invited 33 professional firms to submit qualifications and received four comprehensive submittals; and
WHEREAS, three of the four firms were found to be qualified and were invited to submit a scope of work proposal (Request for Proposal), schedule and professional services fee for completion of the Master Plan; and
WHEREAS, utilizing objective evaluation and ranking criteria of the scopes of work, Jacobs Engineering Group and Melton Design Group were invited to participate in an interview; WHEREAS, as part of the interview process, Jacobs Engineering Group's proposal was selected as most closely matching the City's Central Business District objectives, including extensive experience with similar projects, transportation planning experience, public engagement plan, and complete scope of work and aggressive schedule; and WHEREAS, funding for Central Business Master Plan was approved by the City Council utilizing $260,000 of federal American Rescue Plan Act funds; and WHEREAS' the Consulting and Professional Services Agreement shall be in a form acceptable to the City Attorney.

NOW, THEREFORE, BE IT RESOLVED that the City Manager is authorized to execute a Consulting and Professional Services Agreement with Jacobs Engineering Group for planning, design, and environmental services for the Central Business District for a not-to- exceed amount of $260,000.

PASSED AND ADOPTED this22"d day of August2}23,by the following roll-call vote AYES:

NOES:

ABSENT:

ABSTAIN:

Councilmember(s):

Councilmember(s):

Councilmember(s):

Councilmember(s):

Resolution No.1l09l
Page I of2

08/22/2023 Item No.10.

Rosario Rodriquez, MAYOR
ATTEST
Christa Freemantle, CITY CLERK
Resolution No. 1 1091
Page2 of2

08/22/2023 Item No.10.
i:.:"-rii'1"'l
Folsom City Council
Staff ort
MEETING DATE: 812212023
AGENDA SECTION: Consent Calendar
SUBJECT: Resolution No. 11092 - A Resolution Authorizing the City Manager to Execute the First Amendment to the Acquisition & Shortfall Agreement for Community Facilities District No. 20 (Russell Ranch)
FROM: Community Development Department

ATION / CITY COUN ACTION
Staff recommends that the City Council move to adopt:

Resolution No. 11092 - A Resolution Approving the First Amendment to the Acquisition & Shortfall Agreement for Community Facilities District No. 20 (Russell Ranch) and Authorizing the City Manager to Execute the First Amendment to the Acquisition & Shortfall Agreement for community Facilities District No. 20 (Russell Ranch).

BACKGRO / ISST]E
On November 14,2017, the City Council adopted Resolution No. 10035, a resolution approving the formation of Community Facilities District No. 20 (CFD No. 20), providing for the levy of special taxes therein, and adopted Resolution No. 10036, a resolution deeming it necessary to incur bond indebtedness in and for the City of Folsom CFD No. 20. Special tax revenues generated from CFD No. 20 funded a portion of or in some cases all of Russell Ranch's share of the backbone infrastructure and public facilities and improvements, related environmental mitigation obligations and design and engineering costs. The CFD No. 20 boundaries include Russell Ranch Phase 1, Phase 2 and Phase 3. Phase 1 was owned and developed by The New Home Company. Lennar Homes of California,LLC purchased from The New Home Company both Phase 2 andPhase 3 and are curently constructing subdivision improvements in both of these phases.
1

08/22/2023 Item No.11.

On May 8, 2018, the City Council adopted ResolutionNo. 10116 approving the Acquisition & Shortfall Agreement for CFD No. 20 (Russell Ranch). The Acquisition & Shortfall Agreement (Agreement) included a comprehensive list of public improvements which were eligible for reimbursement with bond proceeds from CFD No. 20 (Russell Ranch). These eligible public improvements included Alder Creek Parkway, Grand Prairie Road, portions of Mangini Parkway and Rough Horse Way and various landscape and streetscape improvements within and along those same roadway segments.

The list of eligible public improvements in the approved Acquisition and Shortfall Agreement for CFD No. 20 did not include the required Sanitary Sewer Lift Station necessary to serve certain residential units in the Russell Ranch Phase 2 subdivision portion of the overall Russell Ranch Phase development area. It also did not include landscape, inigation and streetscape improvements for those eligible portions of Empire Ranch Road within the same Phase 2 portion of the overall Russell Ranch development area. The subdivider is requesting to add both the Sanitary Sewer Lift Station and the landscape, inigation and streetscape improvements in Empire Ranch Road to those public improvements eligible for reimbursement from bond proceeds from CFD No. 20.

POLICY / RULE
Chapter 5 of the Folsom Plan Area (FPA) Public Facilities Financing Plan authorizes the formation of CFD's to finance the construction, acquisition and servicing of backbone infrastructure and other public improvements
Section 2.5.3 of the First Amended and Restated Tier 1 Development Agreement authorizes the formation of infrastructure CFD's
Resolution No. 9282 - A Resolution of the City Council of the City of Folsom Approving Goals and Policies for Community Facilities Districts
Mello-Roos Community Facilities Act of 1982

ANALYSIS
In order to obtain reimbursement from proceeds from the sale of bonds for CFD No. 20 for eligible public improvements a City Council approved Acquisition and Shortfall Agreement is required and the eligible public improvements are required to be included in the list of eligible public improvements in the approved Acquisition & Shortfall Agreement. The approved Acquisition & Shortfall Agreement for CFD No. 20 has been approved by the City Council but it did not originally include either the Sanitary Sewer Lift Station or the landscape, irrigation and streetscape improvements in the Russell Ranch Phase 2 portion of Empire Ranch Road.

The subdivider requested the City to consider amending the approved Acquisition & Shortfall Agreement to include the addition of both the Sanitary Sewer Lift Station and the 2 Page 48
08/22/2023 Item No.11.
landscape, irrigation and streetscape public improvements in the Russell Ranch Phase 2 portion of Empire Ranch Road. The First Amendment to the Acquisition & Shortfall Agreement for CFD No. 20, once approved, will add the public improvements for both the Sanitary Sewer Lift Station and the landscape, inigation and streetscape to the list of improvements eligible for reimbursement from bond proceeds from CFD No. 20.

The first bond sale for CFD No. 20 was completed in 2018. Proceeds from the first bond sale were reimbursed to the original subdivider, The New Home Company, of Russell Ranch Phase 1 for eligible backbone infrastructure which included water booster pump stations, a water tank and various Phase 1 Water infrastructure to serve the development in the FPA.

The City completed the second bond sale for CFD No. 20 in the Spring of 2023.

FINANCIAL IMPACT
There is no direct financial impact on the City of Folsom. The CFD No. 20 bonded indebtedness and expenses are solely the responsibility of CFD No. 20.

ENVIRONMENTAL REVIEW
This action is exempt from environmental review pursuant to Section 15061 (bX3) of the CEQA Guidelines. Environmental review for the public improvements subject to the Acquisition & Shortfall Agreement was completed in the FPASP EIR dated June 14, 2011.

ATTACHMENTS

1. Resolution No. 1 1092- A Resolution Approving the First Amendment to the Acquisition & Shortfall Agreement for Community Facilities District No. 20 (Russell Ranch) and Authorizing the City Manager to Execute the First Amendment to the Acquisition & Shortfall Agreement for Community Facilities District No. 20 (Russell Ranch)

2. First Amendment to the Acquisition and Shortfall Agreement for Community Facilities District No. 20 (Russell Ranch)

3. Acquisition & Shortfall Agreement for Community Facilities District No. 20 (Russell Ranch)
Submitted
PAM JOHNS, Community Development Director
aJ Page 49
08/22/2023 Item No.11.

ATTACHMENT 1
Resolution No. 11092 - A Resolution Authorizing the City Managet to Execute the First Amendment to the Acquisition & Shortfall Agreement for Community Facilities District No. 20 (Russell Ranch)

08/22/2023 Item No.11.

RESOLUTION NO. IIO92

A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE THE FIRST

AMENDMENT TO THE ACQUISITION & SHORTFALL AGREEMENT FOR
COMMUNITY FACILITIES DISTRICT NO.20 (RUSSELL RANCH)
WHEREAS, the City Council has adopted Resolution No. 10116 approving the Acquisition & Shortfall Agreement for Community Facilities District No. 20 (Russell Ranch); and WHEREAS, the approved Acquisition & Shortfall Agreement included various eligible public improvements to be constructed in Community Facilities District No. 20 (Russell Ranch); and
WHEREAS, the approved Acquisition & Shortfall Agreement did not include other various eligible public improvements to be constructed within the boundaries of the Community Facilities District No. 20 (Russell Ranch); and
WHEREAS, the Subdivider has requested to amend the Acquisition & Shortfall Agreement to include certain eligible public improvements that will be constructed by the Subdivider within the boundaries of the Community Facilities District No. 20 (Russell Ranch); and WHEREAS, the Subdivider has prepared the First Amendment to the Acquisition & Shortfall Agreement for Community Facilities District No. 20 to add certain eligible public improvements to be constructed by the Subdivider.

NOW, THEREFORE, BE IT RESOLVED that the First Amendment to the Acquisition and Shortfall Agreement for Community Facilities District No. 20 (Russell Ranch) is heriUy approved, and the City Manager is authorized to execute said Agreement in a form approved by the City Attorney.
pASSED AND ADOPTED this22"d day of August2l23,by the following roll-call vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Councilmember(s):

Councilmember(s):

Councilmember(s):

Councilmember(s):

ATTEST
Christa Freemantle, CITY CLERK
Resolution No.

Page I
Rosario Rodriguez, MAYOR

08/22/2023 Item No.11.

ATTACHMENT 2
l't Amendment to Acquisition Agreement

08/22/2023 Item No.11.

FIRSTAMENDMENT
TO

ACQUISITION AND SHORTFALL AGREEMENT
THIS FIRST AMENDMENT TO ACQUISITION AND SHORTFALL AGREEMENT (thiS "Amendment") is dated as of July
-,
2023 (the "Effective Date"), by and between CITY OF
FOLSOM, a Municipal corporation ("City") and LENNAR HOMES OF CALIFORNIA, LLC, a California limited liability company ("Developer"), who agree as follows:

RECITALS:

WHEREAS, City and TNHC RUSSELL RANCH LLC, a Delaware limited liability company ("TNHC") entered into that certain Acquisition And Shortfall Agreement (City of Folsom bommunity Facilities District No. 20) (Russell Ranch CFD lmprovements) dated June 4, 2018 (the "Acquisition Agreement") pursuant to which TNHC agreed to construct certain Acquisition lmprovements (as defined therein) and upon final acceptance thereof by the City Engineer, the City agreed to acquire completed Acquisitions lmprovements, all pursuant to the terms and conditions contained therein.

WHEREAS, Developer acquired certain real property located in the Folsom Plan Area from TNHC, which real property is described in Exhibit A attached hereto (the "Developer Property").

WHEREAS, in conjunction with Develope/s acquisition of the Developer Property, TNHC partially assigned its rights, title and interest in and to the Acquisition Agreement to Developer relative to the Developer Propaty.

WHEREAS, City and Developer desire to amend the Acquisition Agreement, all as set forth hereinbelow.

NOW, THEREFORE, in consideration of the mutual covenants and agreements of the parties, and other good and valuable onsideration, the receipt and adequacy of which is hereby acknowledged, City and Developer hereby agree as follows:

L Recitals: Defined Terms. The foregoing recitals are true and are incorporated herein by this reference€s tfrough set forth in full. Unless otherwise expressly defined herein, all initially-capitalized terms used herein shall have the meanings ascribed to them in the Acq u isition Ag reement.

2. Additional Acquisition lmprovements. The Parties desire to amend the Acquisition ngreernent to inctude the following additionalAcquisition lmprovements: Sewer Lift Station, Sanit-ary Sewer System, Potable Water System, Non-Potable Water System; and Storm Drain System (collectively, the "Additional Acquisition lmprovements"). Attached hereto as Exhibit B is a more detailed description of the Additional Acquisition lmprovements and attached nereto as Exhibit C is a description of certain authorized discrete and usable portions of the Additional Rcquisition lmprovements that may be acquired from Developer pursuant to Section 53313.S1 of the Act. For purposes of clarification, all of the Additional Acquisition lmprovements shall be deemed to be Acquisition lmprovements for purposes of the Acquisition Agreement as amended hereby.
1

08/22/2023 Item No.11.

3. Conflict. This Amendment is and shall be construed as a part of the Acquisition Agreement. ln case of any inconsistency between this Amendment and the Acquisition Agreement, the provisions containing such inconsistency shall first be reconciled with one another to the maximum extent possible and, then to the extent of any remaining inconsistency, the terms of this Amendment shall be controlling.

4. Ratification. All terms and provisions of the Acquisition Agreement not amended nereby, eitfrer expressly or by necessary implication, shall remain in full force and effect.
b. Counterparts: Authoritv: Electronic Siqnatures. City and Developer hereby agree tnat this nrnenOme.nt may be executed in multiple counterparts which, when signed by all City and Developer, shall constitute a binding agreement. City and Developer further represent and warrant that each natural person who is executing this Amendment on its behalf has the full power and authority to execute this Amendment and to bind it to the terms hereof. An electronic or digital signature of this Amendment shall be valid and effective to bind the City and Developer so signing.
lN WITNESS WHEREOF, the undersigned have executed this Amendment as of the date indicated above.

CITY: DEVELOPER:

CITY OF FOLSOM, a Municipalcorporation LENNAR HOMES OF CALIFORNIA, LLC, a California limited liability company
Name
By:

Name
Its:

By:

Its:
2

08/22/2023 Item No.11.

Exhibit A
Description of Developer Propertv
[See attached]
A-1

08/22/2023 Item No.11.

Exhibit B
Description of Additional Acquisition lmprovements and Estimated Amounts lSee attachedl
B-1

08/22/2023 Item No.11.

Exhibit G
lSee attachedl
c-1

08/22/2023 Item No.11.

EXHIBIT A AMENDMENT TO THE ACQUISITION AGREEMENT
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BASIS OF BEARINGS
TEreSTUESTHE $reT OE4UffiER FSEflON 15,
TM*P 9lffi, ilNtr 8 ffi, @NTD@O MRONNWMN S ESIGMMON MTCERTANWEFTNWW FH FOR Rrc*D il SMSR 21, T17 il MK $8 Gffi, AT PAGE 1, $(ruWO CdW ruCORNM UVING A BffiNG OF NORfr M'O49'WSI
REFERENCES:o 300 moF---
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RUSSELL RANCH PFIASE 2

I-ARGE LOT
MERGER AM RESUEDNISId OF LOTS 24 NROUGH 32, INCLUSIVE N SHOM ON ftE MP mEO'FtWW (Pp1&122)RUSSELL MrcH KGE lff, FIED FOR SCORO SEffiMBER 21. 2fr7 N MK 3S OF MPS AT PAGE 1, SACWEMO MUW RECORS BEINGAPORNON OFSEfrId 15, T,g.N., R,E.E, M.D.B-M.
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SHEET 3 OF 9

08/22/2023 Item No.11.

EXHIBIT B AMENDMENT TO THE ACqUISITION AGREEMENT
DESCRIPTION OF ACqUISITION IMPROVEMENTS AND ESTIMATED AMOUNTS SU MMARY OF ACqUISITION IMPROVEMENTS ESTIMATED AMOUNTS

1. Russell Ranch Phase 2 lmprovements s11,663,265.80

2. Soft Cost s2,093,591.87
Total Estimated Amounts 513,756,857.67
Pl\27107\PH2\Admin\Estimates\Lenhar\Acquisition Agreement Estimate\RR2-CFD-20-8id Form Estimate.xlsx

08/22/2023 Item No.11.

EXHIBIT C AMENDMENT TO THE ACQUISITION AGREEMENT
DESCRIPTION OF ETIGIBLE PORTIONS OF ACqUISITION IMPROVEMENTS,

INCLUDING DESIGN, CONSTRUCTION STAKING, PLAN REVIEW,

CONSTRUCTION INSPECTION MATERIALS TESTING
Russell Ranch Phase 2 lmprovements
Empire Ranch Road
Estimated Completion Date
23-Aug
23-Aug
23-Aug
23-Aug
23-Aug
23-Aug
Sanitary Sewer lift Station
23-Aug
23-Aug
23-Aug
23-Aug
Landsca nts
24-May
24-May
Soft Cost
23-Aug
24-May
2L-Apr
21-Apr
Estimated Acquisition Value
s103,625.00
S673,s84.00
s1,619,090.00
s817,590.00
s310,408.00
52,983,7s7.r5
S145,ooo.oo
s957,900.00
S51s,ooo.oo
S:+o,ooo.oo
s1,211,085.05
$2,086,226.60
s11,653,265.80
S699,7ss.9s
5L,049,693.92
Sso,tso.oo
s293,952.00
s2,093,591.87
Items
Site Preparation
Sanitary Sewer System
Storm Drain System
Potable Water Distribution System
Non-Potable Water Distribution System
Streetwork
Items
General
Civil
Electrical
Mechanical
Medians
Parkways
Subtotal
lmprovement Plan Design/Construction Staking
Plan Review, Construction lnspection & Materials Testing Wetland Mitgation
Swainson's Hawk Mitigation
Subtotal
P:\27107\PH2\Admin\Estimates\Lennar\Acquisition Agreement Estimate\RR2-cFD-20-Bid Form Estimate.xlsx

08/22/2023 Item No.11.

ATTACHMENT 3
CFD 20 Acquisition & Shortfall Agreement

08/22/2023 Item No.11.

COMMUNITV FACILITIES DISTRICT NO. 20

ACQUISITION AND SITORTFALL AGREEMENT

BY AND BETWEEN

THE CITY OF FOLSOM
AND

TNFIC RUSSELL RANCH, LLC'

A DELAWARE LIMITED LIABILITY COMPANY
Dated as of June t ,2019
Folsom File No.174'21 18-034

08/22/2023 Item No.11.

ACOLllFlTtoN.aN D SHQFTFAI-L ACREEM ENT
City of Folsom Community Facilitlcs District No' 20
(Russell Ranch CFD Improvemcnts)
Recitals
A. The parties to this Acquisition and Shottfall Agreement (the "Agreement") are the CITy OF FOLSOM, (ttre ;'City';, and TNHC RUSSELL RANCH LLC, a Delaware lirnited liability company ("Developer").

B. The effective date of this Agreemcnt is Turrt {*, 2018 ("Effective Date").

C. The Developer intencls to construct certain road, watef, sewer and other public capital improvement*, uu niur" particularly.describctl in Exlriplt A attaohed hereto-(collcctively, the "Rcqui.ition hnprovements;'; to serve the clevclopment ofrenl prcperty owned-by Developer within the Folsom ptan nrea und *ithin the bounrlnrisn o1'the Di.qtrict clescribed b$low. Thc public capital improvcmcnts are to be owned and operated by]l" City, and the financing is to be acornplisheO, in purt,
-*itli
funding to b_e_ provid.ft ll the Disttict under and pursuant to the Mello-Roos comrnunity fu"ititi.* ict of tgSZ - California Government Code Sections 53311 and following (the "Act")'
D. On Novernb er 14, 2017, tfie City adoptcd Resolution No. 10035 to form City of Folsom conrmunity Facilities Distriot No. 20 (Ru^ssell Ranoh) (the "Districf'. or "cFD20") within the Folsom plarr Area to finance, alnong other authorized facilities, the Aoquisition in p,*onr"nts ancl, on the same tlate, a lanclownir olsction was conducted in which all of the uoi.* *** cast unanimously in favor of fbnning the District.

E. The Distriot iltends to levy special taxes and cause the Authority to issue CFD20 Bonds to fund, u*onf ottr"r things, o potiion .f the costs of the Acquisition Improvements' The ;r;;il; of tn. oirtiJ speoiat ilt:t'.11-"FD20 Bonds, together with interest earned theteon, are referred to herein ur trtr,.Available cFD20 Proceeds." The Available cFD20 Pt'oceeds shall include the amount nf iii tp.oiul taxes, if any, colleoted durilg the first twenty (20) yeats of the ;*";i iii. nirtti"t, u"gnning with Fiscal Yoar 2018-2019, available to fund tho direct payment i"iit. aoqtrisition uni/o, c6nstruction of Acquisition Improvements and not related to or G"ir"d 6 nna orul rc*i". or Administrativl Expenses, as defined in and determinsd in accordance with the nut. unt Method of Apportionment for theDistrict (the "Available Pay-Go prooeeds,,), and (ii) the net acquisition proceeds generated by all cFD20 Bond sale(s) issued by the Authority and seoured by District special taxes'
F.AttacheclheretoasEl!!bi!Aisadescription.oftheAcquisitionlmplovcmcnts and attached hereto ,r
'niftiuii nE'-a*""ription of certain authorized discrete and usable p"rtir"* of the Acquiritl6i- tmprWcmcuts that nrny be acqtlired from Devcloper pursuuttt to section 53313,51 of the Act. Ii is unclcrstood thntilrc Avnilnble cFD20 Proceecls r[ay not be sufficient to reimburs" ttr" pru.loper tbr all ol'thc costs *nd expenses o[ the Actluisition Improvement, "orrt"irrltoi.A
tt"."uttaer, or otherwise finance said irnprovements' Accordingly, CFD 20 Acquisition Agrtrt (120(rl7) w

08/22/2023 Item No.11.

Developer understands and acknowledges that any shortfnll in the Available Amount toward the construction and completion of the Acquisition hnprovements is the Developer's sole ,"rp"ririu1ity, and thai the Acquisition Price will be paid solely fi'om the Available cFD20 proceeds, oif*,n any proceeds that rnay become available for such payment tlr9ugh the SPIF erogram ias defined heiein) for an Acquisition lmprovement included in the SPIF Ptogram' G. The parties anticipate that, upon completion _of tfre Acquisition Improvements and subject to the tenns and conditions of this Agreement and linal acceptance by the City Engineer in iriting, the City will acquire the completed Acquisition Improvements' H. Any ancl all monetary obligations of the City arising out of this Agreement are the speoial ona r*it"i obligations ot'ttre city payable only from the Available cFD20 Proceeds' and no other funds whatsoi.r or the District, the Autlrority, or the City shall be obligated therefor under any circumstances under this Agleement'
L Attached to this Agreement are Exhibit A (the Acquisition Improvements)n Exhibii B (Eligible pofiions of Alcquisition hnprovements' including related Design Costs), ffiibil c irorl' or Requisition), ancl Exhibit D (lnsurance Requirements), all of which are irnorporated into this Agreement for all purposes'
Aqreetnent

ARTICLE I
DEFINITIONS; COMMUNITY FACILITIES DlsTRlcT FoRMATION

AND FINANCING PLAN
Section L01. Definitions. As usecl herein, the tbllowing capitalized tcnns shall have the meanings ascribed to thenr below:
..Acoeptable Title" means free and clear of all monetary liens, encumbrances, assessments, *h"th$ any such item is rccorded or unrecorded, and taxes, except those items *frirt are reasonably cletermined by the city Bngineer, upon consultation with the city Attorney' ,rol to inturfure with-the intended use and thercfora are not required to be oleared frorn the title' ,.Aoquisition and Construction Fund" means tlre "Community Facilities Dis-trict No. 20 Acquisition'and Construction Fund" established by the Distriot for the purpose of paying the Acquisition Prices of the Acquisition lmprovetnents'
.,Acquisition Improvements" means the Acqtrisition Imprcvements described in Exhlblt A hercto.
..Acquisition price" lnealls the total amount eligible to be paid to the Developer upon acquisition of the Acquisition lmproveinents as provided in section 2.03, including any aclditional Availnble cnnzo prncieds collected tirereafter that are eligible to be paid to Developer, but not to exceed the Actual Cost of the Acquisition Improvernent, together with the CCI adjustrnent thoroon until paid in full as provided herein, 2CFD 20 Acquisition Agrrt ( l2(1617)
w

08/22/2023 Item No.11.
.,Aotual Cost', rneans the total cost of the Aoquisition Improvements, or Eligibls Portions thereof, as documenictt by tlre Developer to the satisfaction of the C'ity and as certified by the citv ensin"er in an Actual cost certificate inoluding, without lirnitation, (a) the Developer's *ri of-ronstructing the Aoquisition lmprovements including grading, labor; mnterial and *f"ip*r,,r "ors, (5) the Developer's cost of designirrg and cnginoerin_g the Acquisition Impruvonrents, preparing the plani and specitic$tiurs und hid rlocuments for the Acquisition I^p.ou",o"ntr, unO the -costs 'of inspection, materials testing nntl cottstruction staking for the Acquisition Improvements, (c) the Developer''s cost of any perfonnance' payment and mai'tcnunce boircls ancl insurance, including title insumnce, required hereby for the Acquisition i*p*"*"nts, (d) the Devclopei's cost of any real prqterty or intcrcst thersin thut is eitlter ,r..ur*ury tbr ihe-construction of the Acquisition Inrprovctncnts (c'g,, tcmporary construction "ur"ro"nir,
haul roads, etc.), or is required io be conveyed with such Aotluisition lmproverneut in order to convey Acceptabie Title thereto to the City or its designee, (e) the Developer's cost of environmental-evaluation or mitigation required for the Acquisition Improvements, (f) the amount of any fees actually pnid by the Dlveloper to the city and any other governmental ug"n"i., in oider to obtain permits, licenses or other necessary govemmental approvals and rJviews for the Acquisitiol linprovements, (g) the Developer's cost for conshuotion and project ,oi*g*nt"nt, a6ministration and supervision seruices tbr the Acquisition Improvctncnts, {h) the Oru"inlrur'r cost for professional services related to the Acquisitiorr Imprcvetnents, including ""gi""Jri"g,
accounting, legal, finnrrcial, appraisal and similar professionll sorvices, and (i) the coJts of cinstruction Tinaicing irrsurred
-by the Developer with respect to the Aoquisition
Improvements.
,,Actual Cost Certificate" means a certificate preparcd by the Developer detailing the Actual Cost of the Acquisition hnprovements, or Eligible Portions thereof, to be aquired lrer.und.r, as may be levised by the City Engineer pursuant to Section 2.03, "Agreemcnt" means this Acquisition Agreement, dated as of [.f,rgz- l- - , I , 20lt' ..Authority" means the Folsom Ranch Financing Authority. ,,Available CFD20 Proceeds" slrall have the meaning assigned to the tenn in Recital E. ,.Available pay-Go proceeds" shall have the meaning assigned to the term in Recital E. *CCI,, lneans the construction cost index reported by the Engineering News Record used by the City to a-djust construction costs, cunently based olthg average of the change in the San rrancisco'Construction Cost Inclex antl the change in the 20-city Construction Cost Index for the il-rorttt period elding in May, or comparable index of annual construction costs for public capital improvements used by the City'
,.CFD Administrator" means tlre adrninistrator of the District appointed by the City, ,.CFD20 Bonds" meons bonds or other indebtedness issued by the Authority that are to be repaid with District Special Taxes.
"City'' means CitY of Folsom.
3CFD 20 Aoquisition Agrnt (l 20617) w

08/22/2023 Item No.11.
.,City Engineor,, mearls the City Engineer of the City _or his/her designee who will be responsibleibr airni'isteri'g the ncquisition of the Acquisition Improvemeflts hereunder' .,code" mealls the Government code of the state of califomia' .,Developer,, means TNHC Russell Ranch, LLC, a Delaware limited liability company' its succcssors and assigns.
,,Director" means the Director of thc City's Community Development Depattment or his/her designee.
.,Disbursement Request Fofln" menns a requisition for payment of {rt$:. frorn the Aoquisition and Conshuction Fund for an Acquisitlon Improvement, or an Bligible Pottion ittrr-roi, in substaltially the fbrm oontained in Exhibit C hereto. ,.Distriot" shall have the meaning assigned to the tetrn in Recital D' ,.Eligible portions,, means the eligible, rliscrete and_ usable pottions of the Acquisition Improvements avalabie for acquisition ald payment of I'stallnent Paynents listed and described in $!ibl|!! hereto.
'olnstallment Paymenf' means an amount approved.by the City Engineer as partial paynent toward m" nctr"f Cost of an Eligible Portion as shown in Exhibit B-Description of -nligible
Portions of Acquisition Improvelnents'
..projecf, means the Devcloper's clevelopment of the property inthe Distfict, inoluding the 4esign a'd co'strfuion of the Acquisition improvenrents and the other public and private il;;;;;rt ts to be construsted by the Developer witlrin the Distlict' ,,Special Tax€s,, means annuat spccial taxes, and prepayments thereof, authorized by and to be levied bY the District.
..Title Documents,,lneatls, for the Acquisition Inrpfovements acquired heteunder, a grant deed or sirnilar instrument neccssary to transfer title to any real property or interests therein (inoluding uurem*ntrfi oi u* itt nocable offer of dedication of such real propcrty with intercsts therein necessary ,o iftu oprrution, tnaintetranoe, rehabilitation and improvernent ty the City of the Aoquisition Improv"t"".nm fin"fudigg, if necessafy, easements for ingress and egress) and a bill of sale or similar inrttuttt"nt evidencing transfer of title. to the Acquisition Improvements i"i't * tr,." said reat property interests) to the city, where applicable.

Sectionl.02.@nnunitv.|]rrcilitic.sDiIilIIgI.The.Community Facilities District was established by ttt. city tt No*tnUo I 4,2017, and through the successful landowner election ftlfO tftat ,u*, iuy, the fistrict is authorized to levy the Special Taxes and to issue the cFD20 B;;, io fur"n"" ihe Rcquisition Prices for the Acquisition Improvements' Developer and the ii;;;; reasonably cooperate.wit! one another and with the District in the completion of tfr" iinin"ing througS th" ittuon"" by the Authority of the CFD20 Bonds in one or rnore series
";lilth"
co"llectioi'of spccial Taxes to generate Available Pay'Go Proceeds' 4CFD 20 Aoquisitlon Agnrt ( 1206 I 7) q.*

08/22/2023 Item No.11.

Section 1.03. Dcposit and U$c o1'.Avnil$blg CFD20 P.tqceeds' (a) fteveloper pnv-Co P-rpceccls. Available PgV-Go Proceeds collected by the Districtshatlbea"po,ffiandConstructionFundestablislredbytheDistrict, and may be disburseJ i"'pw the Acquisition Price and Instatlmont Payments of Acquisitiott lmprovements in accorclance with ertiile II of this Agrcemenl' All funds in the Acquisition and Co-nrtrurtion Fund shall be considered a portion of the Available CFD20 Proceeds' (b) CFD20 Boncl Seris$. Upon the delivery of each issue or issues of CFD20 Bonds, the net p,o."Jffirrffitdl b" deposited into_ the Acquisition and construction Fund f", ifr. pr.por. of holdi'g all funds for theAcquisitio' Itnprovements' All earnings on amounts i;jh" d.q;isition anclCJnstruction Fund shall remain in the Acquisition and Construction Fund il;;; ;r-;;;vided hereirr. Money in the Acquisition and Construction Fund shall be availablc to r.rpond'to delivery of a Disbuisetnent Rcquest Fonn and to be paid to the Devcloper or its OoG,i". to pu' tlie- Act*isition Price and lnstallment Paynents of the Acquisition Impioverne'ts, or portio's thcreol, as specilied i' Article lI hereof' (c) lrriogitv Use ol' Availnble cFD20*P.f!tqoeds. The Available cFD20 proceeds will be urra!ffiffi t na tn" costs of the Aoquisition Improvements, anrl then to fund the costs of any n[n"r o"ultoper improvemcnts advanced and/or constructed by a developer within the plal n ru ttrut-ar" authori"u,l for acquisition by lhe District. The Available CFD20 proceeds shall be or"J-iitrt to fund any of the Acquisition hnprovemerlts, in any order' as and when each Acquisition
-i*prou",rr"nt
or Eligible Portion is completed and paynent of the
n"quirition Prioe or lnstallment Payment can b" pnid to Developer as provided-herein' Upon ;;i;ai"" of all of the Acquisition hnprov"rn"rtir hereunder and payment of the Acquisition Prices thefefor, any rernainirry funds in tire Acqtlisition and. construction Fund (less any amount determined by the District aJ n""rrrary to reserve for clairns against the account)-shall be (i) ;fuiil ;;: i"*"ru",l for a;4rlicntion to puy th9 costs of . any other authorized developer ffio,,ro,r,"nrs antr, trr the cxt$nt not so usert, iii) shall be npplied by the District to call Bonds ot to recluce Spccinl 'l'uxes as the District shtlll detennine' Section 1.04. No Effect Qf CFD Flrndinqa4qll'{gwgr!!' lf and to the extent auy of theAcquisitio,.,l,,,pffiforfinancingwithintlreSpecificPlan Infrastructure Fee frogr^to (the "SPIF Program"), any paylnents hereunder from Avnilable cFD20 proceeds to b?uerop", for such AJquisition Jrnprov€ments shall not affect or limit Developer,s ability to ottuin und apply fee credits againsi and/ot fbe reimbursements finorn the sprn ni,. program irconsicleration'of its constructiori of the Acquisition lmprovements that are included for financing in the spIF program. Developer's right to arry such fee credits and/or fee reimbursenrents from the SpIF program would be Jubject to and contingent upon Developer's ;irt*td i'to and "o*pi'ine
with the tequirements_of 1 separate SPIF Fee Reimbursement agr".ri.nt to be e'ter&inti b.t*..n the city and Deveroper tbr the Acquisition Agreements thit are included tbr financing in the SPIF Program'
section1.05. No Disttirlt or-eily Liabilily: Qity,tliscretion: No !it''hct ou other Aereements. In no ,uffiffirty *t"r6;t.,g".t *t -t1.thg District or the City or any aotual or alleged omirrion, nlgiig*.", or failurc to act by the District or the City with respect to the ;;riffi;; "i itr "ullliifirs
hereunder subjeot the nistrict or the citv to anv liabilitv therefbr, 5CFD 20 Aoquisition Agnrt ( l2{)617)
1*

08/22/2023 Item No.11.
whether monetary or otherwise (except only as to pay any.amounts available and payable hereunder from Available cFD20 pruceeds). Furtlier, noilring iu this Agreement shall bo construed as affecti'g ,h;b*;lor,"ris or the city's duty to pe'fonn their re'spective obligations under any other agreements betwee^ the partiul irercto,-or the City's enforcenreirt of applicable laws, ordinauces, t"r"., p"ri"i". an! reguluions pertai'i'g to public imprwement standards anrVor specifications, as well as land use ancl sulrtlivision requireinents related to the Project, all of which arc and ,froff r"*oitt ildependent of the Devioper's and the City's riglrts and obligations under this Agreement'

ARTICLE II
DESIGN,CONSTRUCTIONANDACQUISITIoNoFACQUISITIONIMPROVEMENTS Sectio' 2.01. fe$irrg ntd A'1ttilitli ' The Developerhas.awa'ded a'd administerecl, or *]il- e City has advanced funds for the enginecring tlcsign .on-tt*it for ttrc Acquisititttt ltnp'ovcnrcnts to be acquirecl firorn Devcl'pcr' All eligi6le expenttit'rcs rttlf* Devetoper for clcsigri engineeri'g aud relatcd costs in conncction wirrr the Acquisition ift;;;ilJ- t*iurtr", as nri advnnco to trre ciry or diroctly to thc design co'sultant) incurred priJ, to the Effective Date, ls iclentifiod r:Jr EIti[ilJE attachcd lrerelo, shall be reimbursed at the tirne of the first Boncl sale, and, thereafteE all additional' eligible desig' e'girrcc'ing ancl rslnteJ costs shnll bc 'cinrbttrsed
at the time of acquisition of the Acquisition
lnrpnrvelrcnts. Tlt" D";;i;pe1 shall bc.sntitlffl to reimbursement fbr a'y design costs of the Acquisiti.n Imp,oucmurt*".inly ottt ttl' the Acquisition Price as provided in Scction 2'03 and shall 'ot be sntitled tn--oir' "puyncnt for dcsign costs i'depindent of the ncquisition of Acquisition ImPrcvements.

Seotion 2.02.

Developeragreostorvitlrrespcottocontractingfortlre
construotion of the Acqtrisition Improvemeflts. thc Developer agre"s that all tho contracts shall calr for compliance;ih';lG;;;iri'*q "11rt"
prevaili'g *ug" lu* for "pubrio works" as required
by the Labor code ;iiil'state of calil'ornitt anc strall rcquire all work to be perfolmed by ricensed generar
"oniiu"t-oo
ihe Deveroper's-_indemnifioaiion obligation set forth i' section

3.Ol of this ngru*rnirhalt also apply to a-ny alleged failure to compiy with the requirements of this Section, and/or applicable State laws
'egardin!
public contracting and prevailing wage laws
applicable to Public works'
(a) plurs untl Spcsi{icrrtions. The Developer represents and covenants that it has obtained or witl obtain approval offiu plans ancl specifications for the Aoquisition rnrprrrvernents finrn "ir "pp,-"priiiic
depnil'rents .f trrc c'ity and fronr nny othcr public e'tity or pubric utirity ri.,,n *iiiot,'*'ufi opp,ouor rnust be obtnined, prior to oon$truction. Thc Dcvolopor further covenants that the Acquisition hnprovenrcnts wilt h-e cotrstructed in full compliancc with such approvecl plan* anJ specifications and any change orders.thereto, as opprovcd in the same rnanner, and the uaoptffiit' Sta'darcl-Construction Speciticntions and Improvctnetrt Standards' The Deveropr, *nuri'iJui"ii ""0*-"r
alr pla.s and specifications to the Director or his/her designee,
6CFD 20 Acqrrisition Agnrt ( I 2061 7l
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08/22/2023 Item No.11.
(b) CBqA, The Developer covenants that it has complied or will cornply with the californio E,ruironiffi Quslity Act in conjunotion with_the.construotion of the Acquisition il;pt*;;;;ts and their conveyance pursuopt to the terms set forth herein' (c)Inspection.TheDevelopercovena-ntsthattlreCity,andotherpublic entities or public utitit* om any of tlre Acquisition Improvements will be conveyed, will be pennitted to irr*psci the Acquisition ltoptu"toents using the same standards which would be applied to a public works Project'
(d) Insurance. with respect to tF construction of the Acquisition lmprovements, the o"fiiffiall_fuinish.to
'city a certificate or certifioates of insurancg with
an insurance ca*ier .;;;;d;i" t" city ana in a foirn satisfactory to the city Attomey, evidencing insurance coverage cousistent with S[!![! attached hereto' (e) Perrornrnncre tmd PilvtncDt Bontl$. Except as otherwise provided herein' theDevelopu,.ou"noLperformance,laborandmaterialsand
*r'prrtion'uona ,equir.-ements oi tie city with respect !o tlre -construction of the Acquisition
Improvements. fo the extent bonds are rcquirecl, beveloper further covenants and agrees to execute and deliver rt otrt"*ir" cause to be irovided to city, prior to constructiol't ancl itr fonns acceptable to the Ci;y Att;;;ry, a faithful ierforrnance Bond i' the amount of 100% of the estimated cost of the Acquisition Inrprovements and a Labor and Matedals Bond in the amourt of 100% of the estimated cost of the Acquisition ImproveTclts,foom a bonding company with an A.M. Best rating of "t t"ort "A-" of iis equivaleni. fu"h^!9nds shall only be roleased upon full completion of itr" e"qui*ition lnpr&entents, -the. City's written acceptance of the Acquisition trnprou.*unts, and payment o?'atl persons furnishing labor ancl materials' Section2.03. Salo qf_Acquisitiou lprprovq$g$g. Iht.Developer agrees to sell to the City each of the Acquitititt lt"pt"*t"nt* toT" "on*tructed by Developer (includi*g any rights-
of-way or other
"urttitnit n..irury for the Acquisitio' Improvements, to the extent not already owned by the city;, when each of tile Acquisition Improvements is completed to the satisfaction of the city and aoceptecl by the city Engineer in witing fot an atnount not to excesd the lesser of (i) the Available CfO iO'proceeds anilii)thc.ActrrnlSosl of the Acquisitio' hnprovctttcnt(s)' increased from and,dih";;pletion of the Acquisition lmprcvcmcnts untirpaid in ftrllbased on the annuar in"r"ur",
-ii
uny,^ in the ccr {ionr sr.rcrr complotion to datc of paymerrt (the ,.Acquisition Pdce"). Notwithstanding any provision to the contrary, the Developer understands that the Available cFD20 proceeds t* illr acquisition o.f the Acquisition lmprovonents may not be su{Iicient to reimb'rse tlre Developer fbi all of the costs and expenses consttucting the Acquisition troprourio"nts, or otherwiie fi'ance snid irnpt'tlvclrtents' Accordingly, Developer acknowledge, una os""* tilt "ry
$hortfbll in the urrrount of Avoilable cFD20 Proceeds ftrt the construction and ;;;ili"" or tn. Acquisitirur .rmproverne'ts is thc Developer's sole responsibility, and trrut ir," Acquisition price to bc puid fursuilnt to rrris Agrccrnent wirl be paid solely from the nnuifuUi. CFD1' Ptoceeds, or liorn anylrroceeds thnt may !to:T".nynilu'le for such paynent through the SplF program fio, un nr:quisiiiun ln:'tttvoment insluded in t6e SPIF Program.

EI!!b!!-a, attnchecl hereto afld incorporated herein, contains a list of the Aoquisition lmprovements. p"rti""r of the Acquisition hnprovements eligible for Installment Payments 7CFD 20 Aoquisition Agrnt (120617)
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08/22/2023 Item No.11.
priof to conrplction of the crrlire Acquisition lnrprovomcttts nrc-dsscribctl $s cligible, disq'ete nncl usablc porrions in n*riilii ri, (euclrian_"Eligibie Portion"). _At the tirne of complotion of ensh Actluisitio' t,np*uufiffi.btigitrto portiln thercol', the Dcvoloper' $htll cleliver to thc city Engineer.a written t"q""Jt for ac-quisition, accotnpnnierl hy an Actunl Cost Ccrtiticatc' and by executed Title Documeirts for the iransfer of the Acquisition hnptovement where necessaly' In the event that the citft,ui";., find. that the suppotting paperwork subrnitted by the Developer fails to demonstrate,fr" i"?J.ai'eiationship between ttre suUig"t Actual Cost and eligible work' the city Engineerut rtt uaui*" the Developer that the determination of the Aotual cost (or the ineligible portion tt
"t"oo
rtut been disallowed anr'l shall request ftlrther docrltnontation front the Developer. tf the furirrei dlcumentation is still not ntlu;wrte, the (-.ity Engineer may update the Actual cost certifi"ut" io revise or delete any rlisatlowed iterus aild thc dctcrrtrinntion shall be ilj"; io
"pprat
to the Director, whose detennination shall be final.
certain soft costs for tho Acquisition Improvements, sugh as civil enginecring, may have been incurred pursuant to single contraots that iirclude work relating also to the plivate portions of the project or to iliipG ,icquisition Improvements. -rn those instances, the total costs under
such contracts wilt ;;i;;;i; to each icquisitio' Impt'ovement as apprnved by the Citv Engineer, Where
" r;;l;-;;iract has been awnnled for design or cngineering work rclating solely to an Acquisiiion lmp'ovement,. one hundt'ed percent {100%) of the c'sts under the oontract will be allooated to that Acquisition Imptuvctnent. $otl costs will be nllosnted to sach Acquisition rrnp'nu*ii*nt as approued by tlu City.Enginccr. Thc uosls of envinrntnentnl mitigation required tu niitigotu tttu i*pu"t* of tl$ pfblic and.privlte portions of the Pruject will be allooated to eaoh Acqui-sition hnpiovement as tpproved by the City Engineer. Put'suunt to Section 2.01, all "figiUi"
expendiiures of soft costs in connection with the Acquisition lmprovourents (whcthir o, u,., atluntrue to thc City or dir:ectly-ta the clesign cottsulhrnt) ittcurred 'rior
to thc B.tf'octiv" nni., a.s iJentifiecl-in Eilllbtt.B attochccl horcto. shntl be reinrbuNod nt the rirne of lirst eon,l silt,i ;n,i,ir.t*t"nnur, ull aiJ'lilffiillligilllc sofl cttsls:$hnll be reirnbursed at the time of acquisition of the Acquisition Imprcvemcnts'
Section 2.04.

Developern,it,.1o*ieachAcquisitionIrnprovements1rallin
evcry casc bo conaiti;n; rii*i upun tirc dcroffiination of the city Engineer that the Acquisitiou i,"p,i"".ir-"i .satistios all City construction stanclards and speoificntions, rules, policies, ,"tii,rr,iiriJ ,nri n*ti,il,r*t on.iirtoll be f'urttrer conditioned upon satisfaction of the following additional conditions Precedent:
(a) Lien Releases. The Developer shall have provided the City with lien releases or otherui,rrilurado-"r,tutiotr sntisthctory io the City Engineer as,evidence that none of the property lineluclirf ""y tightl-f'-way or othlr easeme'ts neiessary f:or the operation a'd maintenance of the a""qui.itiJn hnprovement, to the extent 'ot already owned by the city)
oomprising the Acquisition Improvcment, and the property which is subject to the special taxes of the Cornmunity-F"rillii"t Dislrist, is subjeci to a'y p'ospective mechanics lien olairn respeoting the Acquisition lmptovetnents'
(b) Pavment of Taxes. The Developer shall be current in the paynent of all due and payable general property taxes, and all spicial taxes of the Community Facilities 8CFD 20 Acquisition Ag[rt ( 1 206 1 7) 'k/u

08/22/2023 Item No.11.

District, orr property owncd by the Developer or under option to the Developer within the CommnnitY Fasilities Di strict.
(c) Csrtificntiot No !.oan Dofautt. The Developer shall certify that it is not in default with respect to anv r*n recured by any interest in the Project. (d) ,l.itlo Dtrcumprrts. The Devcloper shall have provided thc City with Title Documents needed dfr"id. tl* city with Aoceptable Title to the site, right-of-way, or easement upon wrrici ii" *uir"t Acquisition Improveme*ts-are situated, All such ritle Documents shall be in a form acoeptable to the City Attomey and shall convey Acceptablc Title' The Developer shall;;il;; ;oticy or title insurance as of the date of transfer in a form acceptnbtc to the City"Alt""try i'suring the City as t<l lhe interests acq*ired in cttnttc{,tio' witlt the acquisition of any i'ts:rcst for which such a policyof title.insur$nsc is not raluire4 by nnothcr ngr*emont between flilitfi;.the nwelopei qactr title insulance policy required hereunder shnll bc in the amou"i"q"if i" ,he ecquisition Price, The amount paid to-the.Doveloper or its ili;;;" ;pnn urtirfu"ti"lt of *,t foregoing oonrlitions nrecefen! shnll be the Acquisition Price less all lnstnllnr{rnt fffints paid prcvlously with respcot to the Acquisition Improvement' (e) Rctcntion firr: punolr List Wg.rh. In tlre case of a conrpleted Acquisition Improvement,uitubt,@ocfininpunchlistworkromuinstobe
completed prior to f";;i J"""pittt. by the City, the City shnll rctain firrm the payrnent of any Acquisition price for u-oJ n"quirition Implovenrcnt the ninourrt o'f ors hurtdred nncl fitly percent (150%) of the uuf*.rf:iiu-"il ilt, wo'klrot completed' Upon payrnent and accepta'ce of the Acquisition Price, lcss the tetention fbr ttny punntl list work'.for crtch cornltleted Acquisitiott 'nlrruverncrrr,
.,r pn,iilriii","rt Developei: sirail rravc no fuftlrer clainr for pnymont t'rom the City with respcot r,r tiir retentions unril mtnpletion of tlrc punch list woik' The City sSnll hold the retention amount on all Acquisition Impr'vcmerrt.s aiquirccl rrntil ths punch list wo* is urnrpletcd ancl ac"epie,ity tfl* !itV. f19v,ia"d, Itn*tu*t, in any evottt' the f:ity will rr.t 'ay
lor
the ncquisition or unf"#prrr"a iguuisition Agrecmc't or portion trrersof unress and unril tlrc street, drainage ","
Jth"r";iiiity righis_of wayiuh"r" tlrey are locatscl havc been irrcvocalrly offered to the city roi arai.otii,n uild th, rernaini'g concliiions precedent to paymcnt under this Section 2.04 arc satistiecl,
(t) warranty Bond. The Developer shall provide to city a waffanty bond eqnal to l0% oftn, ffii$rt of ttte Aoquisition.impovement, Commencement of the one- year wananty p.rio,i-rifii ,turt at tlre time of City's forrnal acceptance of the Acquisition Improvemcnts in writing.

Section2.05.Paynre[L-tblgigiblElbxliglg'-Tt':DevelopermaysubmitanActualCost Certificatetott.ucityffi*yetigiut.Portion,Payment.tothe'Developer or its designr" no,rrifruXcquisition and Cunstrtrctionluld andlor SPIF Sct-Asiclc Fund of an Installment payment;jih;;;;;.lto such.Eligiblc Portionshullirr every cnse be conditioncd first up,r thc cletenninaiion-"rtri. city Engineri', tl'rnt the llligible Portiotr has boctt cornpleted in rccorannce witrr a1 a"ppil;; piu'n" unl city ur'struction standards and specifications, rules, policies, regulations;;-;'d,n|fices nnd i, otirerwi** complete and, where appropriate, is reacly fbracceptancebytheCity,arrdshallbefurtherconditioneduponsatisfactionofthefollowing additional conditions Precedent:
9CFD 20 Aoquisirion Agnrt ( I 2061 7)
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08/22/2023 Item No.11.
(a) The Developer shall have provided the,City with lien releases.or other similar clooumentation roii.fo"tory to the City Engineer as evidence that the property (including any rights-of-way or other easements necessary roi ttre operation and maintenance of the Eligible portion, to the extent irot already owned by the City) comprising the Eligible Poftion is not subject to any prospective meclariiqs lien clairn tespecting the Eligible Portion' (b) The Developer shall be current in the payment of all due and payable general property taxes, and all spbcial taxes of the Community Facilities District, on prope(y il;;J 6t ih, b"naopur n1. und"t option to the Devclopcr within the community Facilities District.
(c) The Developer shall have provided the-City with Title Documents needed to provide the bity *iitt ,q."r"ptuUl" fitl" to the site, right-of-way, or easement upon which the ,"6i*t efigiUle portionls situated. All such ritle Documents shall be in a form acceptable to the City Attorney and shall be sufftcient, upolr completion of the Acquisition Improvements of which the Eligible Portion is a part, to convey Aiceptable-Title to the Eligible Portion' The p"u"fopr, *t oit prouiO" a policy of t-itl" ittrurono" ut of the date of transfer in a form acceptable to the City Attom"v i"rotittg the City_ as to the interests acquired in connection with the ,"q"iriti* "f
any ir*errst forlwhich such a policy of title insumnse is not required by another "gi,.**""lu.t*".n
trt" citv *d the Developer. bach title.insurance policy requifed hereunder shall be in the amount.quoito the lnstnllmcnt Payment for tle Eligible Pofiion' (d) Payment and performance bonds, frcm a bonding company with an A.M.

Best rati.g of at least "A-;' or its equivalent, applyi'g to Plans, standatds a'd specifications for ihe noqui-sition Improvements appiovecl by th9 qily. E*lryer, shall be i' place to secure "uir,ptution
of the Acquisition lnriro.vemenis of wlrich thc Eligible Portion is a part' As an nltcrnative thereto, D;;iil;;ay ask the city to rotain nrrtl reserye the {tnount ol'tiurtls in the n.q"i*iti"" uno ion*ir,rofion runa equal to the ostirnntetl cost to complcte such Acquisition ilil;;t"ts in the manner described in Section 2'A2@) above' (e) The arnount paid to the Developer or its designoe upon satisfaction of the foregoing oonditions p;;;"1; rhuil u. th" "tnstallment Paynrenf' with respect to the Eligible Portion.

Section 2.06, .Distrurscrnont Rctlt ' Upon a determination by the City Engineer to pay the ecquisition.rtGul ou nrquGition Inrprovcntent pursuftrlt to section 2.04 or to pny an lnstallment ruyrnunt-ioi an Iiligiblc portion ttrercof pursuant to scction 2.05, the city Engirteer shall cause a Disbursement Reqluest Fonn substirntitrily in l'hc fbrm nttnohed hsreto os E}ltlbif C to be subrnitted to the cFD Administrator for payment from the Acquisition and constructiotl Fund, up to the e"quiriti* Pricc or Installment i'ayment atnount, and the CFD Admi'istrator shall authorize such iioy"r,* clirectly to the Developer or its designee of the authorized amount' In the event that the Actual Cost of the Acquisition tmprovYqre|ts 3r the lnstalhnent payment for an Eligible portion is in excess of thc anrounts thcn nvailable in tho Accluisition nnd construction Fund, .uil:".i to ony retention of firnds as sccudty. for tlte worlt ptlrstHnt to sestion

2.oz(e)and/or for puncil list woric pursuant to $cctiou ?.04(c), tho clti'D Adrnirristrator and/or thc City shall with<lraw ofi funa* then available in the Acquisition and Construction Fund and shall CFD 2tl Acquisition Agnrt ( 120617) t0 w

08/22/2023 Item No.11.
transfer those amounts to the Devcloper or its designcc. The unpaid portion of the Aotual cost' as adjusted by the CCI, shall be paid from funds ihat may subsequently be deposited in and/or become available for'payment from the Acquisition and construction Fund' Developu understands that the ;iuuituut" cFD 20 pr.oieeds for the acquisition of the Acquisition Improvements may not be sufficient to reimburse the Developer for all of the costs ancl expenses coistructing the Acquisition lmplovements, or otherwise finnnce said imprcvements' a"*rJingr-v, n"rretojJr u"lno*r.oies and agrees that any shortfall in the Available cFD 20 proceeds toward the construction
-and cornpletion of the Acquisition lmprovements is the Developer,s .ot" ,"rpoirilifit', *A that the Acquisition Price will be paid solely fi'orn the Available cFD 20 Proceeds, o. from any proceeds that rnay become available fbr such payment through the SPIF Program for an Acquisition lmprovement included in the SPIF Program' Section 2,07. Lirnitntion on oblisations.. Notwithstanding any provision to the contraty' innoeventshalltheIffitheCitybetequiredtopaytheDeveloperorits designee more than lfr. u*ounts held in the Acquisition and Construotion Fund for the ncquis ition lmprovements under thi s A greoment'
section 2.08, Warrgntirxs: Mnintcnnncg. Developer warrants the Acquisition lmprovementsastomffiandslrouldanyfailureduetofaultydesignor materials of the Acquisition Improvements or niry parts thereof occut' within a periocl of one (l) t;iln formal -dfi,1n1;9;-i'ih" comprctecl Aquisition lmprovcnrants by tho city }r writing, b;;d,ur;r sUl pr.ornillt ..*e the n&ded leqniry to !e Snde at its sole. cost and expsr$st without any expense ;;;-t;; City and without iurther reirnburscnrent frotn the city' Dcvolopcr ;h;iiil;iae to City, at tt, tinru of subrnittat of each payment fequest, a wa*anty bo'd equal to tOX oftne value of each Acquisition Imprcvement'
City is hereby ngthorizcd to make rcpairs if Devcloper.fails to tnake, or undertake with due diligence, the aioi.erulJ t"poi* withi' lwenty (20) calendar days after it is given written notice of such tbilure. I' casi of, emergency *het"- dolay.would cause serious hazard to the public, the necessary;;p;il;;y d" toaaJUy bity w.ithtxrt prior uoticc to Dovelopor' In all cases of failure of the Acquisition Improvements within the warrnnty period wlterc tlre city has taken action in accordanc, rittt tttir paragraph, Devek:per shall reimbursc city tbr ilny ilml all costs or **p*n**r, Oircct and i"Oit "t,
inuuti*,i byJhe Ciiy within thirty (30) calendar days.of receiving invoioe from the citi,-- iiih; Develnp"i fails trr tirnely pay such reitnbursement, the city may recover such costs oi "*p"rrrr.
from any uncl all Available CFD20 ftoceeds in the Aoquisitio' and Construction Fund, in addition to any and all retnedies at law or in equity.

Any warranties, guarantees or other evidence of continuing obligati.ons of third persons with respect to any Acquisition Improvement to be acquired by the city shall be-delivered to the ;;;t"r'"r putt oitfr" ^"onu"yun"" of fhe Aoquisitio' Improvement' No later than the time for such conveyance, thJ;;;"iil"; shall verify and confirm existence of a funding mechanisn """"pt
Uir io Citi fot tt
"
ongoittg maintenarioe of the Acquisition Improvements in accordanc'e with applicable City stundard-s, pili"i"t and orclinances and for such periods as are required by applicable City standards, policies and ordinances'
CFD 20 Acquisition Agnrt ( 1206 I 7) 1t w

08/22/2023 Item No.11.

ARTICLB III

MISCELLANEOUS
Section 3.01. ' The Developer hereby assume's the
defenseof,andino",ffi"city,theAuthority,theDistrict,andtheir t"rpr"ti* tff"ro, directors, employees and agents (coliectively, the "Indetnnitees"), from aud "g"i;J"ll
actions, ,tontog"*, olaims, losse.s or "*p"nt.* of evety type and description including but
'ot
limited to p",i*rfit injrry, or bodily injuiy i'cluding {eath, as well as from clairns for il;fit du*ug" *tti"t *oy uiir" from the opct'atious of.the Devoloper or its contr0ctors, subcontractors, agents, or employees, to which thc hKlenrnitccs may be subjectcd. or put' by ;;;; oi o, ,oi ttir,g ri"* "i "rreged
to have resulted fmm the acts or otnissions of the
Developer or its contri-ctors, subcontractors, agents or employees arising out of any contract for tfr" A"rig,t, eggiireering."Jfontt*ction_of thJAcquisition Improvements entered into by or for li;; ;;6pn] or utir'ing;;i ;i any allegecl misstatements of fact or alleged omission of a n'utoiuf iu& *uO" ftyTftJn"u"loper, its ofltcers, directors, employees or ag€nts to the Dishict's underwriter, finanoial advisor, appraiser, district engineer oi bond counset or 'egarding the
Developer, it, proporrJ developme'ts, its ptoperty ownerslip and its contractual arrangements contained in the orrt"iur staternent-retaiing to the Pistrict financing (Developer hereby acknowledges that it has beon fulrished o oopl of the-official.statement for the District and has not objected thereto). Notlring in this seotiori 3'01 shall limit in any manner the city's dghts agoinsi any of the Developer's-architeols, engineet's, uontrnctors or other consultnnts. Exccpt as set forth in this Settion g.bf , no provision ot:thi-c Agreentent shlll in any way linlit the cxtent of ;i;;;$";.ibility of G n"*ropo for payrnent of tlnmnges rosulting from the oporotion$ of the Developer, its agents anO o^pfo'tes.' iiothing in thiJ leciio.n 3.01 shall be understood or construed to mean that the oeveloier agroes to irrdernnify the Indemnitees for any wtongful acts, willful misconduct, active negligence or omissious to act of the lndemnitees' lt is unrlerstood that the duty of o"u.top*tJiridernnify and hold hannless inctudes the duty to defond as set forth in Section Zlig of the California Civil Code. Acceptance by City of any insurance certificates or endorsements does not relieve Dcveloper li'om_ liability undEr this indcrnnification *J rt"ra hannless
"foup.

This indernnification and hold harmless clause shall apply to any damages or olaims foi-Au*ugus w\e$gr or not such insuranoe policies shall lave been Jrffiinra to apply,
-gv
ui;;tion of this Agreement,.Developer acknowlalges and agrees to tfir""tri"n, oTthi, s,i"tion and that it is a inoterial elernent of consideration, The foregoing inde,nrnity obligatiori oi tr.t" Developer shall survive the termination or expiration of this Agteement.

Section 3.02. Auclit. The City shall have the right, during normal business hours and upo* the giving of t"n:duyr' *riit"n *tit. to the Developer, to review all books attd fecords of the Develop", p"*uininlio costs and expensrls incurietl lr.V the Developer (fbr which the Developer seeks reimbtr-rsement pursuant to this Agreement) in constructing thc Actluisition Improvements.
section 3.03. cooperation. The city and the Developer aglee to cooperate with respect to the completion or tffifinlfu of trreAcquisition lmprovements by the District thlough the levy of the Special .1*"t una issiance of Boirds. The Clty and the Developer agree to meet in CFD 20 Acquisition Agnrt ( 120617) t2 w

08/22/2023 Item No.11.
good faith to resolve any differences on future matters which are not speoifically covered by this Agreement,
Section 3.04. G.enerat Stn$durd of Rcnsgnablene$q. Any ptovision of this Agreunent which requires ttt" *nt*q .pp.val or acceptance of either party hereto or any of their r.espective employees, officers oiagents shall be deemed to require that the consent, approval or u.j"pun"" not Ui unreasonably withheld or delayed, unless the provision expressly incorporates a different staldard. The foregoing provision shall not apply to provisions in the Agteement *nrcfr provide for decisions to be in the sole discretion of the party making the decision.

Sectiol3.05. Thircl Party Bsnclici$rios. tt is expressly agreed that there are no third party beneficiurir. of tllilg.uu**tincluding without limitation any owners of Bonds, any of ih" tity,r, District's or Developer's cofltractors for the Acquisition Improvements and any of the City's, District's or the Developer's ageuts and employees' Section 3.06, Conflict With Othor Agrrsement$. Nothing contained herein shall bo construed us r"l"asing1he Developer or the City fi'om any condition of development or r"qri*r*"t imposed by any other agreement between the Citt ancl the Developer, and, in the luint otu co'flicting piovision, the other agreement shall prevail unless the conflicting ptovision is speoifically waived or modified in writing by the City and the Developer.

Sectiol3,O7. Notices. All invoices for payment, reports, other communication and notices relating to this Agreoment shall be mailed or e-mailed to:

Chief Financial Oflicer
City of Folsorn
50 Natoma Street
Folsom, CA 95630
B-mail : j francis@folsom' ca.us
With a oopy to
City AttorneY
City of Folsom
50 Natoma Street
Folsorn, CA 95630
E-rnai I : swang@folsoln. ca,us
I f to.thc D-cv{tl0ner:l
TNHC Russell Ranch LLC
c/o The New Home Compauy
2220Douglas Blvd., Suite 240
Roseville, CA 95661
Attention: Mark Stacy
E-rnail: [email protected]
With a copy to:

Hefner Law
2150 River Plaza Drive, Ste, 450
Sacramento, CA 95833
Attention: Timothy D. Taron
E+nai I : ttaron(OisElgw.com
Either party rnay change its address by giving notice in writing to the other party CFD 20 Acquisition Agnrt ( I 2061 7) t3 %/

08/22/2023 Item No.11.
seotion 3.0g. Severability. If any part of this Agrcernent is held to be illegal or unenforceable by a r*rt "f *utpetcril julisdiction, the remainder of this Agreement shall be given effect to the fullest extent reasonably possible' Sectio* 3.09. Governing Law. This Agreement and any dispute arising horeunder shall begovemedbyarrdint@,9l'.*itlrth"lawsoftheStateofCalifornia.Arryaction^ ui":"grrt relating to trris igteeinent shall be held exclusively in a state court in thc County of Saorarnento.

Section 3,10, Waiv.er, Failure by a party to insist upon the striot pedormance of any of the provisions of tfuis Agffitnt bythe-other poity, o. the failure by a party to exercise its righB il;-tilt"fautt of tnu Jitrer party, shall not constitute a waiver of such party's rig[rt to insist and J"-onA stdct compliance bylhe other party with the terms of this Agreement' Section 3,1l. Sinzular and Pl-utll: Gerrde.f. As used.herein, the singular of any word includes the plural, uoJGiln* in the masculine gender shall include the fenrinine.

Section 3.12. Counterparts. This Agrecment rnay be executed in counterparts, each of which shall be deuned an original'
Section3.l3, Luccessors oncl Assir4rs. This Agreement is binding upon the heirs, assigns and successor*-in-irrtffit of tt t pu*i"t heteto' The Developef may not assign its rights or oLligations hereunder, except to successors-in-interest to the property within the District, ,i6rouitr* prior written .onrrni of the city, which consent shall not be unreasottably withheld.

Section 3.14. I(ernedies in Conaral. lt is acknowledg{ UV the pafiies that the City would not have
"nterilTto thiJgr"onrnt if it werc to be liable in damages under or with respect to this ng.u*"ni or the appiication thereof, and thereforo the Developer hereby waives *V *O rf i olaim-s foiJu*ug"r og"in^tt.t5t City and its officers, agents and employees for breach of this Agreement, ffrir fruiuui of damages by^Dcveloper shalt not preclude any action by p"*i"prito specifioatiy rnrot"" the obligalions bf th. city hereunder to review and approve tbr ao"uptance anO
".quiJition
the Acqui-sition Improvements construoted by Developer in o".ordunou with ttre' ierms hereof at.l to prooess applioations for payment wit]r the CFD Administrator ror payrnuot to Developer fi'om the Acquisition and constt'uction Fund of the ;;;;; t"quisition'prioe for eaoh of the Acquisition lmprovements cornpleted by Developer' The parties further acknowledge that damages are not a remedy under this Agreement' a'd thus, while in general each of thJ parties hereto may pursue any remgd-y at la-w or equity available for the nr"""tr or "ny
provision of this Agreement, the city shall not be liable in damages to the O"u"iop"r, or io uny assignee or transferee of the Developer. The Developer ;;t$tth""t u'y ctaim'ror do*ug"r of any kind, in addition to othu rights or remedies, institute an action to curen
"orrect,
speciircally "n'fott.
or remedy any default in the processing of the
puyr"ntr to the Devel,opei specified il this Agreement' Subj-e9t to the foregoing, the Developer covenants 'ot
to sue rot ot "iaim
any clarnages for any alleged b'each of, or dispute which atises out of, this Agreement.

CFD 2() Aoqrrisition Agnt ( 120617) t4 qn

08/22/2023 Item No.11.

INwlTNEssWHEREoF,thepartieshaveexecutedthisAgreemontasofthedayand year written above,
DEVELOPER:

TNHC RUSSELL RANCH LLC'
a Delswrre limited liabllity complny
N'J
2A
Date
Signature
Ma rK Sfa a
PrintName
fiw*hor ttcd rese/trtwe
CITY OF FOLSOM, A Municipal Corporation:

Date
ATTBST:

Freemantle, City Cl
ls
CommunitY

CERTIFICATE OF ACKNOWLE
be provided.

Evert W. Palmer, City Manager
VAILABLE:
a?s
Chief Finanoial
?-?u
J
ED AS TO CONTENT: ORIGINAL APPROVED
ffi8' Attomey
Department
pursuant to Clvll Code, Sectlon 1189t must
CFD 20 Acquisirlon Agmt ( 120617) l5

08/22/2023 Item No.11.

A certificate of acknowledgment in accordance with the provisions of california civil code seotion I lg9 must u. utiu"f,"a for each person executing this agreement on behalf of Developer This section prouiOur, ti-pJiUjr"nny "ertificate
of apknowledgment taken in another place
shall be suffioient in tt i, !t"t. if it is taken in accordanoe with thi laws of the place where the acknowledgment is made."

STATE OF CALIFORNTA

COUNTY OF SACRAMENTO
evidence
to me
)
)ss
)
rl Notary Public,
whosc
thc
thc persopor
I certi& under PENALTY OF PERIURY under the laws of the State of Califomia that the foregoing paragraph is true and corect. WITNESS mY hand and
Signature 1aru^mp
othcr olllcer completlng thle ccrtlllcrte verlfler only the ldentlty of the lndlvldual who A noterY publlc or
attnchedt and not ihc truthfulnen' rccurlcy, or velldttY of slgned the document to whlch thlc ccrtlflcete lc
thnt document.
0ommllllon t 2laneo
tlobrt Puulc . C.fibfltr
Pltoar
CFD 20 Acquisitiorr Ag,rnt (120617) 16

08/22/2023 Item No.11.

ESTIMATED AMOUNTS$U MMARY O II ACOUISITTON IMPROV EIUENTS * 3,881,853$l. Soft Costs
19,430,818$arkway: feet300Road toBidwellE. ApproximatelyPCroekAlder2.

RoadPrairieCreekAlderatroundaboutofeast
$ 3,264,0003.7nne4 and 5 Booster PumP Station
7,480,000$4. Zone5 Tank and Zone 6 Booste'r Pump Station 3,100,000$5. US HighwaY 50 Crossing PiPeline
4,751,000$6. Empire Ranch Road: white Rock Road to Approxirnately 600 feet Horse Wnorth of
38,000$feet00toRoadRanch ApproxirnatelyEmpire7 Parkway:Mangini RoadRanchofsouth
91,000$S.RoughHolseWay:GrandPrairieRoadtoEmpireRanchRoad 1,082,225$9. Joint Trench' Placerrrille Road Utility Conidor 69 kV 3,472,292$10. Alder Creek Parkway Landscape Construction $ 2,579,349
11, Gmnrl Plairio Road Landscape Consffuction
$ 670,053

12.Zone5 Tank and Zone 6 BPS Landscape Construotion
$ 49,E40,590ESTIMATED ACQUISITION TOTAL

EXHIBIT A TO THE ACQUNTTION AGREEMENT

DESCRTPTION OF ACQUISITION IMPROVEMENTS AND ESTIMATED AMOUNTS : For this Agree.ment' Acq uis i tion ImP rovemen ts Limited to Faci lities des cribed in Res olutio n of Formation,for CFD 2 0' and Components thereqf, *
A-l w

08/22/2023 Item No.11.

Soft Costs
Alder Creek ParkwaY

D(EIBIT B TO THE ACQUISITION AGREEIUENT

DESCRIPTION OF ELIGIBLE PORTIONS
oF ACQTIISruON IMPROVEMENTS,
INCLI]DING RELATED DESIGN COSTS
Subtotal $ 3,E81,853
Estbated Coupletion Dete
Jan-l8
Apr-17
Jun-l7
Jun-17
Description Estimated Acquisition Value
Improve,ment Plans $ 1,000,000
Plan Check & Inspection Fee $ 700,000
Wetland Mitigation s 478,165
Swainson' s Hawk Mitigation s 1,703,688
Estimated ComPletion Date
SeplT
Jul-l8
Jul-18
Dec-l7
Jul-l8
Dec-l7
Jan-l8
Jul-l8
Jul-18
Jul-I8
Description
Earthwork $ 4,584,125
Walls and Fencing $ 609,L75
Roadway Improveme'lrts $ 4,106,573
Storm Drain $ 2,9W,714
Hydromodification Basin25 $ 986,000
Sanitary Sewer 7,692,347
Water s 2,7M,734
Rafuoad Crossings $ r25,350
$ 512,800
Joint Trench $ 1,200,000
B-1
Subtotal $ 19,430rE18

08/22/2023 Item No.11.

Estlmeted Co,mpletion Date
Jun-18
Jun-l8
2,L79,000
1,085,000s
Tnne4lS Improvemelrts
BoosterPrmp Station
Description
Tnne 4 and 5 Booster hnP Sation
T.otel Tankand TnnLe6Booster Pump Station
US Higlway 50 Crossing PiPeline
Additional On- and Off-Site Backbone Improvenents
Sttbtotzl $
Subtutal $
Subatol $
3?U,000
7,480,000
3,100,000
Jul-l8
Estimnted Comoletion Date
Jul-18
Jul-I8
1,430,000$
4,400,000$
1,650,000$
7-one6 BoosterPumP Station
Description
7,orc 5 I 6 knprove'rnents
Zone 5 Tmk
Apr-I8
Jr:n-l8
Mar-I8
Datc
2,600,000$
250,000$
250,000s
Higfuway Waterline hnprovements (Except Maio)aterw0"J50 30" WaterMain
Joint Trench
Descriotion
Feb-I8
Jun-19
Jun-I9
Jun-I9
4,751,000$
38,000$
91,000$
$ 1,082,225
Enpire White Approx. Rough wayRoad: Horseofnorth600'toRd.RockRanch Mangini Parkway: Empire Approx. Empire Rd.Ranctrofsouth00'1toRd.Ranch Rougfu way: F.mpire RoadRanchtoRoadPrairieGrandHorse
Joint Trench - Placerville Road UtilitY Corridor 69 kV
Descrftrtion
B-2
Subtoul $ 5962,225

08/22/2023 Item No.11.

Open Space and Landscape Improvements
Sttbtotsl $ 61.721,694
Estinded Conpleti,on Ilate
Mu-19
Mar-l9
Dec.l8
Ma-19
Description Estimated Acquisition Vslue
Alder Creek Parlway Landscape Constnrction $ 3,304,756
Grand Prairie Road LandscaPe Construction $ 2,529,556
7nne5 Tankaud T'one6BPS LandscaPe Construction s 670,053 Respites (Alder Creek Parkn'ay & Graod Prairie Road) ls 277,329 ESTIMATED TOTAL $ 49,840'590
B-3

08/22/2023 Item No.11.

EXIIIBIT C TO TIIE ACQUISITION AGREEMENT

DISBURSEMENT REQUEST FORM
(Acquisitlon Improvement or Eligible Portlon)
Folsom Ranch Filancing Authority CFD Administrator (Comrnunity Facilities District No. 20)
Attention:

E-mail:

Phone:

Re: Cornmunity Facilities District No. 20 Disbursernent The undersigned, a duly authorized officer ofthe Developer, hereby requests a withdrawal from the City of Folsom Commurrity Facilities Dishict No. 20 Acquisition and Construction Fund, as follows:

To
Request Date:

Withdrawal Amount:

Acquisition lmprovements:
[Insert Date of Request]
[hrsert Acquisition Price/lnstalhnent Paynent]
Paynrent Instructions:
flnsert Desoription of Acquisition lmptuvcment(s)/Eligible Portion(s) liorn Exhibits Bl
finsert Wire Instructions or Payment Address for
Constructiotr Lender, or Developer or other Developer
designee provided by the Developer after termination of direct payments to Construction Lentler per Section 2.07] The undersigned hereby certifies as follows:

The Withdrawal is being made in accordancs with a pennitted use of the monies pursuant to the Acquisitiog Agreement and the Withdrawal is not being made for the purposo of reinvesttnent.

Nope of the items for which pcyment is requested have been reimbursed previously from the Acquisition and Construction Fund'
If the Withdrawal Amount is greater than the funds held in the Acquisitiou and Construction Fund, the CFD Adrninishator is authorized to pay the amount of such funds (excluding any amognts being retained therein as directed by the City in lieur ofPerformance and iaynent Eoni. and/or for pqpch list work) nnd to pay remaining_ amount(s) as funds are subsequently deposited in and/or become available for paynent from the Acquisition and Construction Fund, should that occur.

Developer: Approved By:

Clty of FolsomTNHC Russell Ranch LLC
Authotized ve
c,l

08/22/2023 Item No.11.

EXIIIBIT D TO THE ACQUISITION AGREIMENT

INSURANCE REQUIREMENTS
NOTE: The word "Consultant" in this Exhibit refers to either "Consultanf', "Developer" or ,.Contractor" as the tenn is used in the AgreernenVContract to which this Exhibit is attached.

A. During the tenn of this Agreement, Consultant shall maintain in full forcc and effect at all times during the tenn of the contraot, at its sole cost and expense, policies of insurance as set fofth herein:

1. Qeneral Ligb.Llity:
a. General liability insurance including, but not lirnited to, protection for claims of bodily injury and property damage liability, personal and advertising injury liability and product and completed operations liability. b. Coverage shall be at least as broad as Insurance Services Office Commercial General Uability coverage form CG 0001 (occuncnce).
c. Clairns-rnade ooverage is not acceptable.
d. The lirnits of liabilityshall not be less than:

Each occurrence: One Million Dollars ($l'000'000)
products & Completed Operations: One Million Dollars ($1,000'000) Perconal & Advertising lnjuy: one Million Dollars ($1,000,000) e, tf a general aggregate lirnit of liability is used, the tninimum gengral aggregate Jhatl b" twice ttre 'esch occurrence' lirnit or the policy shall contain an endorsement stating that tlro general aggregate limit shall apply separately to the project that is the subject ofthc sontract.
f. If a products and completed operations aggregate limit of liability is used, the minimum produots and compteted operation aggregate shall be twioe the 'eaoh occurrencd lirnit or the policy shall contain an endorsetnent stating that the products and completed operations aggregate lirnit shall apply sepalately to the project which is the subject ofthe contract.
g. If the Consultant maintains higher lirnits than the minirnums shown abovg the City requires and shall be entitled to coverage tbr the higher limits rnaintained by
-the
tonsultant. Any available insurance proceeds in excess of the specified minimum lhnits of insurance and covemge shallbe availablc to the City.

Autornobile UabjlitY:
a. Autornobile tiability insurance providing protcction against claims of bodily injury and property damage arising out of ownership, operation, rnaintenatrce, oi use of owned, hired, and non-owned automobiles.
b. Coverage shall be at least as broacl as Insuranoe Services Office Automobile Liability coverage fonn CA 0001, syrnbol I (any auto).

2. D-l

08/22/2023 Item No.11.

3. c. The limits of liabilitypcr accident shall not bc less than:
combined singte Lirnit ons Million Dollars ($1,000,000) d. If Automobile Liability coverage, as required above, is provided by the Commercial General Liability fonn, the General Liability policy shall include an endorsement providing autornobile liability as roquired above.

Wolkers' Ctlnrpousutiott
a. Workers' Compensation Insurance, with coverage as required b-y the State of Califomia (unless the Consultant is a qualified self-insurer with the State of Califomia), and Employer's Liabi lity coverage.
b, Employer,s Liability coverage with a limit not less than $1,000,000 per accident for bodily injury and disease.
c. Consultaqt shall sign and file with the City department responsible for this Agrcement/Contraci the Worker's Compensation Certificate contained in the Projeot Manual.

Insumnoc Rceuired in tho Sunplem$to1"y. Conditions: Consultant shall be required @itionr as stipulated in the Standard Construction
Specifications, any supplementary conditions atrd any special provisions as applicable.

P.rofeseionnl Linbility blEUIS0gg: If fequired, errcrs and omissions, malpractice or tr"f.-ri..tt ti"bittty insumnce with coverage of not less than $ I ,000,000 per occurrcncg.

Otlrer I nsut iltrcc ltrovisi()ttsi
a. The Consultant's General Liability and Automobile Liability policies shall contain, or be endorsed to contain, the following provisions:
i. The City, its officials, employees, agents and volunteers shall be covered and spelifically narned as additional insureds on a soparate endorsement as respects tiaUitity arising out of activities perfonned by or on behalf of the Cbnsultant, pioducts ancl cornplete,cl operations of the Consultant, premises o*n"il, occupied, or used by the Consultant, or automobiles owned, leasecl, hired, or bonowed by the Consultant in a fotm acceptable to the CitY AttonreY'
ii. The Endorsement requirement may be satisfied with express provisions in the insurance policy(ies) which identifies any person or entity required to be included a-s an insured under the policy. A copy of the declarations page identifying the policy nurnber, and pertinent provisions in the policy pto'uiaing ad'ditional insured covefage shall be provided to the City. iil. The policy shall contain no special limitations on the scope of coverage afforied to the City, its officials, employees, agents or volunteers, b. For any claims related to the project, the Consultant's General Liability and Automobile insurance coverage shall be primary insuranoe in their coverage of lfti CitV and its officers, officials, employees, agents, ot volunteers, and any insurance or self-insurance maintained by the city, its officers, offtcials, omployees, agents or volunteers shall be exoess of the Consultant's insurance and shall not contribute with it.

D-2

4. 5

6.

08/22/2023 Item No.11.
c, Any failure to comply with reporting or other provisions of the policies on_-the pari of the Consultant, including breaches of _warranties, shall not affect coverage provided to the City, its officers, officials, employees, agents or volunteers.
d, The Consultant's Workers Cornpensation and Employet's Liability policies shall contain an endorsement that waives any rights of subrogation against the City, its officers, officials, employees, agents, and volunteers' e. Each insuragce policy shall state that coverage shall not be suspended, voided, canceled by eitirer party, reduced in coverage or in limits, non-renewed, or materially changed Jxcept after 30 days prior written notice by certified mail has been given io the City. Ten days prior written notice by certified mail shall be given to the City in the event of cancellation due to nonpayment of premium.

7. Acceptabilitv of Insilrers: Insurance is to be placed with insurers with a Bestsr ratlng of no less than A:Vll.
g. The Consultant shall fuinish the City with Certificates of Insurance and endorsements or insurance binders, signed by a person authorized by the insurer to bind coverage on its behal[ evidencing the coverage required by this section, the Staudard Spicifications, Special Ptovisions and/or any Supplernentary Conditions.

The Cnns-Fltnnt shnll firnlrh conlDleto. ccrtlflad coples 0f Sll raqltlrod @iii-potlclcn. lnclildlns orlslrrsl cndornonrents succificqllv reqtrirod hereunder lf r:uouastgdt

9. The Colsultant shall report, by telephone to the Project Manager within 24 hours, and also report in writing to the City within 48 hours, after Consultant or any Subcontractors or agents liave knowledge otl any accident or occurrence involving death of or seriouslnjury to any person or persons, or damage in excess of Ten Thousand Dollars ($10,000) to property of the City or others, arising out of any work done by or on behalf of the Consultant as part of the contract.

10. Suchreport shall contain:
a. the date and time of the occunence'
b. the names and addresses of all persons involved, and c, a description of the scoident or ocourrenoe and the nature and extent of the injury or damage.
ll. The City, at its discretion, may increase the arnounts and types of insurance "on"rug"
required hereunder at any tirne during the tenn of the contract by giving 30 days written notice.
lZ, lf the Consultant fails to procure or maintain insurance as rcquired by this section, the Standarcl Specifications, and any Supplementary Conditions, or fails to furnish the City with pioof of such insurance, the City, at its discretion, may procurs any.or all suoir insuiance. Premiums for such insurance procured by the City shall be deducted and retained from any sums due the Consultant under the contract'

13. Failure of the City to obtain such insurance shall in no way relieve the Consultant fiom any of its responsibilities under the contraot'
D-3

08/22/2023 Item No.11.

14. The making of progress payments to the Consultant shall not be construed as relioving thl Consultant or its Subcontractors of responsibility for loss or direct physical loss, damage, or destruction occuning prior to final acceptance by the City,
15, The failure of the City to enforce in a tirnety manner any of the provisions of this section shall not act as a waiver to enforcement of any of these provisions at any time during the term of the contract.

16. In the event Consultant caries Excess Liability Coverage, the Excess Liability Coverage shall apply to any and all claims rclated to the project on a prirnary and non-contributory baiis, and the City's insurance or self-insuranee ooverage shall be excess to the Consultant's Excess Liability Coverage.

D-4

08/22/2023 Item No.11.

This poge intenti"onolly Ieft blsnk
to facilitate double- sided printtng .

CITY OF
FOLSOl\fr

DISTINCTIVE BY NATURE

08/22/2023 Item No.11.
h
Folsom City Council
Staff Re rt
MEETING DATE: 812212023
AGENDA SECTION: Consent Calendar
SUBJECT: Resolution No. 11095 - A Resolution Authorizing the City Manager to Execute a Construction Agreement with Central Valley Engineering and Asphalt, Inc. for the Traders Lane Parking Lot Improvement Project and Appropriation of Funds
FROM: Public Works Department

RECOMMENDATION / COIINCIL ACTION
The Public Works Department recommends that the City Council pass and adopt Resolution No. 11095 - A Resolution Authorizing the City Manager to Execute a Construction Agreement with Central Valley Engineering and Asphalt, Inc. for the Traders Lane Parking Lot Improvements Project and Appropriation of Funds.

BACKGROUND / ISSUE
At the Aprll 12,2022 City Council meeting, the City Council provided direction to City staff to utilize American Rescue Plan Act (ARPA) funds to design and implement improvements to the Traders Lane Parking Lot. On May 15, 2022, the City contracted with Bennett Engineering Services, Inc., to evaluate circulation, design the elimination of the driveway entrance near the intersection of Riley Street and Leidesdorff Street, maintain fire lane access, provide parking for up to three delivery trucks, design irrigation for new tree wells, design a new trash enclosure for the Historic District merchants, and facilitate the installation of parking sensors to expand the Historic District Parking Management Plan. An exhibit of the proposed design and improvement changes is shown in Exhibit B.

The parking lot upgrades would redesign the circulation within Traders Lane. The lot would be re- striped to maintain a one-way clockwise flow, allowing for better ease-of-use and safety during parking and exiting. Current City of Folsom parking spot width standards would replace the existing striping and the addition of the trash enclosure will reduce the parking capacity of the lot by 19. To mitigate this reduction, striping will be extended I20' along Leidesdorff Street towards 1

08/22/2023 Item No.12.

Riley Street to allow for up to eight additional parallel parking spaces. The existing granite boulders which line parking spaces along the northern edge of the lot would be removed and replaced with wheel stops.

A thorough tree analysis was performed by the City Arborist, and it was recommended that the existing fruitless mulberry trees be removed as part of this project. Although they are an asset because of the shade they currently provide to the parking lot, it was determined that they are approaching the end of their expected life span as urban trees. Many of the existing fruitless mulberry trees currently exhibit substantial decay and increasing patterns of failure and the project could further impact these trees during demolition, subgrade wotk, and paving. As these older trees begin to decline, there are no practical means to replace them. For the city to create a succession plan to replace these trees, for future shade to be provided, and for natural beauty to be added to the parking lot, the existing trees should be removed and replaced per the recommendations of the City's Urban Forester.

City staff is aware of the high utilization of this parking lot and plans to minimize the impacts of the construction on Historic District parking wherever possible. Staff will work with the contractor to phase the improvements so that the row of parking spaces directly adjacent to the neighboring businesses will be kept open during construction and staff will work with the Historic District Association to prepare merchants and motorists for any impactful closures. Appropriate notification will be given to the surrounding properties that may be affected. Representatives from the Folsom Historic District Association have been included in preliminary meetings to discuss the project scope and will be kept informed as it progresses.

Public outreach for this project will include the installation of signage indicating details about the project, including tree removal information, a labeled and easy-to-read map of the complete project, and directions to alternative parking locations. These signs will be posted on-site, well in advance of the project start date. In addition to these signs, staff will develop a public outreach program with information about the project. This will include newsletter and e-newsletter articles, a City website page, and letters to the Historic District and Merchants Association, all of which will provide project details, dates, and alternative parking locations.

This project is expected to begin in September 2023 and is anticipated to be completed by November 2023.

POLICY i RULE
Section 2.36.120 of the Folsom Municipal Code states, in part, that contracts for supplies, equipment, services, and construction with an estimated value of $70,952 or greater shall be awarded by the City Council.

ANALYSIS
Public Works staff prepared the bid package, and the project was publicly advertised on May 1, 2023. On May 31,2023, the Public Works Department received the following bids:
2

08/22/2023 Item No.12.
o Central Valley Engineering & Asphalt, Inc.
o B&MBuilders
o Martin General Engineering
$ 272,269.00
$ 367,575.00
$ 355,275.00
The Engineer's Estimate for this project was $209,000.00. The Public Works Department has evaluated the bids received and recommends that the contract be awarded to the low-bidder, Central Valley Engineering & Asphalt, Inc.

Staff witl use the City's standard Construction Agreement in a form acceptable to the City Attorney.

F'INANCIAL IMPACT
The contract with Central Valley Engineering & Asphalt, Inc. would be authorized for $272,269, with the project budgeted for a total of $299,496, which will include a ten percent contingency amount of $27,227 for potential change orders.

Funds in the amount of $76,070 are budgeted and available for the Trader's Lane Parking Lot Improvement Project utilizing ARPA Funds. Funds in the amount of $150,426 are available in the 2011 Non-Housing Bond Proceeds Fund (Fund 431) and will require an appropriation to the project. Funds in the amount of $73,000 are avallable in the Solid Waste Operating Fund (Fund 540) for the new trash enclosure that will be constructed as part of this project and will require an appropriation to the project.

ENVIRONMENTAL REVIEW
All items of work are categorically exempt from environmental review per CEQA Section 15301- Existing Facilities.

ATTACHMENTS

1. Resolution No. 11095 - A Resolution Authorizing the City Manager to Execute a Construction Agreement with Central Valley Engineering and Asphalt, Inc. for the Trader's Lane Parking Lot Improvement Project and Appropriation of Funds

2. Exhibit B - Site Plan
Submitted,
Mark Rackovan, PUBLIC WORKS DIRECTOR
J

08/22/2023 Item No.12.

Attachment I
Resolution No. 11095

08/22/2023 Item No.12.

RESOLUTION NO. 11095

A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A

CONSTRUCTION AGREEMENT WITH CENTRAL VALLEY ENGINEERING AND ASPHALT,INC. FOR THE TRADERS LANE PARIilNG LOT IMPROVEMENTS

PROJECT AND APPROPRIATION OF FUNDS
WHEREAS, the City of Folsom desires to remove and replace existing trees, install an irrigation system, resurface and restripe the Traders Lane Parking Lot in Historic Folsom; and WHEREAS, the project was publicly advertised, and the bids were received on May 31, 2023,with Central Valley Engineering & Asphalt,Inc. being the lowest responsible bidder; and WHEREAS, funds in the amount of $76,070 are budgeted and available utilizing American Rescue Plan Act (ARPA) Funds; and
WHEREAS, funds in the amount of $150,426 are available in the 2011 Non-Housing Bond Proceeds Fund (Fund 43I) and will require an appropriation to the project; and WHEREAS, funds in the amount of $73,000 are available in the Solid Waste Operating Fund (Fund 540) for the new trash enclosure that will be constructed as part of the project and will require an appropriation to the project; and
WHEREAS, the contract will be in a form acceptable to the City Attorney:

NOW, THEREFORE' BE IT RESOLVED that the City Council of the City of Folsom authorizes the City Manager to execute a Construction Agreement with Central Valley Engineering and Asphalt, Inc. for the Traders Lane Parking Lot Improvement Project in the amount of $272,269, with the budgeted amount to include a ten percent contingency for a total not-to-exceed amount of $299,496.

BE IT FURTHER RESOLVED that the Chief Financial Officer is authorized to appropriate the following for this project:
. 5150,426 from the 2011 Non-Housing Bond Proceeds Fund (Fund 431) . $73,000 from the Solid Waste Operating Fund (Fund 540) PASSED AND ADOPTED on this 22"d day of August 2023, by the following roll-call vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Councilmember(s):

Councilmember(s):

Councilmember(s):

Councilmember(s):

Resolution No. 11095
Page I of2 Page 93
08/22/2023 Item No.12.

Rosario Rodriguez, MAYOR
ATTEST:

Christa Freemantle, CITY CLERK
Resolution No. 11095
Page2 of2 Page 94
08/22/2023 Item No.12.

Attachment 2
ExhibitB-SitePlan

08/22/2023 Item No.12.
,.1r';:,';'.f,t$i
fj/
Remove Granite Boulders - Replace with Wheel Parking
t€Keffisl
E
@
Remove and Replace Trees
New Circulation Pattern
New Trash
Enclosure
tJ r
New Curb
'.ir
''4',
'\, '
Digital Parking
Occupancy Sign
I
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6 g
. r!. [r:r
l-f.-fr

08/22/2023 Item No.12.
; ,l :i : ,'*' ; .i:"'l
Folsom City Council
Staff Re ort
MEETING DATE: 812212023
AGENDA SECTION: Consent Calendar
SUBJECT: Resolution No. I 1097 - A Resolution Authorizing the City Manager to Execute a Memorandum of Understanding between the City of Folsom and Folsom Police Management Association (FPMA)
FROM: Human Resources Department

RB,COMMENDATION / COIINCII, ACTION
The Human Resources Director recommends that the City Council pass and adopt Resolution No. 11097 - A Resolution Authorizing the City Manager to Execute a Memorandum of Understanding between the City of Folsom and the Folsom Police Management Association (FPMA).

BACKGROUND / ISSUE
Employees now represented by the FPMA were previously unrepresented. As such, this is the inaugural Memorandum of Understanding (MOU) between the City of Folsom and the Folsom Police Management Association.

The parties began negotiations on an initial MOU on February 2,2023, and reached a tentative agreement on July 25 ,2023 . FPMA ratified the tentative agreement on July 27 ,2023 . The new proposed MOU is being presented to the City Council on August 22,2023, for consideration and approval.

POLICY / RULE
Government Code Title 1, Division 4, Chapter 10 commonly known as the Meyers-Milias- Brown Act requires that representatives of the Governing Body of a public agency shall meet and confer in good faith regarding wages, hours, and other terms and conditions of employment with representatives of recognized employee organizations. Both parties shall endeavor to reach a tentative agreement within the scope of representation, and, if a tentative agreement is reached and ratified by the respective parties, they shall prepare a written memorandum of understanding.
1

08/22/2023 Item No.13.

ANALYSIS and FINANCIAI,IMPACT
A tentative agreement was reached by the parties and the proposed Memorandum of Understanding, which will be effective February 16,2023, (unless otherwise notated) contains the following terms that have some economic impact, as outlined below. The notable provisions are as follows:

1. The MOU term will be February 16,2023, through December 31,2025.

2. Each job classification shall have one salary range containing five steps, with approximately 5Yo between steps.
o Employee step assignment in the new range shall be equal to the salary the employee is assigned as of February 15,2023. The cost for the adjustment to the salary ranges will be approximately $52,540 in the first year in salary and benefit costs.

3. The classification of Police Lieutenant shall receive an increase of 3%. The classification of Police Commander shall receive an increase of 3.5Yo. The cost for this adjustment is approximately $66,900 in the first year in salary and benefit costs.

4. A cost-of-living adjustment (COLA) is provided for each subsequent year of the agreement:
o Year 2: Effective January 1,2024
' 3oA for all classifications
' The cost for the second year of the COLA will increase salary and benefits approximately $66,255.
o Year 3: Effective JanuarY 1,2025
. 3Vo for all classifications
. The cost for the third year of the COLA will increase salary and benefits approximat ely $ 68,242.

5. Effective February I6,2023,the classification of Police Commander shall be increased by 3.5%. The cost of the special salary increase will be approximately $24,548 in the first year in salary and benefits.

6. Legal Defense Plan Legal Services
o The City witl pay the membership rate of the LegalDefense Plan Legal Services for each member, up to a maximum of $750.00 per employee per calendar year of the contract.

7. A variety of non-economic and clarification language changes were also agreed upon. 2 Page 98
08/22/2023 Item No.13.

ATTACHMENTS

1. Resolution No. 11097 - A Resolution Authorizing the City Manager to Execute a Memorandum of Understanding between the City of Folsom and the Folsom Police Management Asso ciation.

2. Proposed Memorandum of Understanding between the City of Folsom and the Folsom Police Management Association for the term of February 16,2023, through December 31,2025.

Submitted,
Allison Garcia
Human Resources Director
J

08/22/2023 Item No.13.

Attachment I
RESOLUTION NO. IIO97

A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A

MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF'FOLSOM AND

THE F'OLSOM POLICE MANAGEMENT ASSOCIATION

08/22/2023 Item No.13.

RESOLUTION NO. IIO97

A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A

MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF FOLSOM AND

THE FOLSOM POLICE MANAGEMENT ASSOCIATION
WHEREAS, the City of Folsom and the Folsom Police Management Association have met and conferred in good faith since February 2nd,2023; and WHEREAS' the parties reached a tentative agreement on July 25th,2023; and WHEREAS, the members of the Folsom Police Management Association ratified the tentative agreement on July 27th,2023; and
WHEREAS, the City Manager and the City's negotiation team recommend the City Council adopt the tentative agreement.

NOW, THEREFOREO BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FOLSOM, that the City Council adopts the tentative agreement between the City of Folsom and the Folsom Police Management Association for the period of February 16,2023, to December 31, 2025; and
BE IT FURTHER RESOLVED, that the City Council of the City of Folsom authorizes the City Manager to execute a Memorandum of Understanding between the City of Folsom and the Folsom Police Management Association.

PASSED AND ADOPTED on this 22nd day of August 2023, by the following roll- call vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Councilmember(s):

Councilmember(s):

Councilmember(s):

Councilmember(s):

Rosario Rodriguez, MAYOR
ATTEST:

Christa Freemantle, CITY CLERK

08/22/2023 Item No.13.

Attachment 2

PROPOSED MEMORANDUM OF' UNDERSTANDING BETWEEN THE CITY OF

FOLSOM'AND THE F'OLSOM POLICE MANAGEMENT ASSOCIATION FOR THE TERM OF FEBRUARY 16,2023, THROUGH DECEMBER 31, 2025.

08/22/2023 Item No.13.

F(}LSOl\{

CITY OF

DIETINCTIVE EY NATURE

MEMORANDUM OF UNDERSTANDING

BETWEEN

CITY OF FOLSOM
AND

FOLSOM POLICE MANAGEMENT

ASSOCIATION
February 16,2023, through December 31 ,2025

08/22/2023 Item No.13.

FPMA Memorandum of Understanding
2t16123 to 12131125

TABLE OF CONTENTS

PREAMBLE

ARTICLE I - RECOGNITION AND COVERAGE
A. Recognition:..............

B. TotalAgreement: ..............r.....

C. Severability of Provisions: ........

ARTICLE II - MANAGEMENT RIGHTS

ARTICLE III - NO STRIKE
ARTICLE IV- EMPLOYEE RIGHTS...

A. Union BankTime:...............

B. Non-discrimination:

C. Access to Personnel Files:

D. Purging Personnel Files:

ARTICLE V - SALARY AND OTHER COMPENSATION......

A. Salary Ranges: .................

B. Salary lncreases:

C. Special Salary Adjustment...............

D. Market Survey:

E. Maintenance of Salary Relationships .... .

F. Deferred Compensation ..........

G. Clothing/Uniform Allowance: ...............

H. Educational lncentive Pay. .........
l. Tuition Reimbursement Po|icy..............

J. Longevity Pay/Law Enforcement Retention Pay:

K. BilingualPay:......

L. One-Time Adjustment Pay........

ARTICLE VI - RETIREMENT
A. Public Employees Retirement System (PERS) -- Formula:...............

B. Public Employees Retirement System (PERS)- Retirement Benefit:

C. Retiree Health lnsurance:

D. Pre-retirement Optional Settlement 2W Death Benefit (Survivors):...

E. Retiree Dental and Vision lnsurance:

F. Social Security Retirement Plan:

ARTICLE VII - INSURANCE....

A. Health lnsurance:

08/22/2023 Item No.13.

FPMA Memorandum of Understanding
2116123lo 12131125
B. IRS 125 Reimbursement Account:

C. Health Benefits Labor-Management Committee:................

D. Dental lnsurance:

E. Vision Care:

F. Life lnsurance: ...................i.......

G. Short Term Disability Program:..

H. Long Term Disability Program:

ARTICLE VIII . HOURS OF WORK AND OVERTIME.

A. Overtime:

B. Management Leave:

ARTICLE IX - LEAVES............

A. Annual Leave:......

B. SickLeave:...............

C. Holidays:

D. FPMA Catastrophic Leave Bank:........

ARTICLE X . MISCELLANEOUS ..............

A. Fitness for Duty:

B. City Vehicle Use:

C. Probationary Period.

D. Permanent Part-Time Employees:................

E. Voluntary Wellness Program:

F. Personal Leave Time.........

G. MutualAidAssignments
H. Fraternal Order of Police (FOP) Legal Defense Plan Legal Services ARTICLE XI - GRIEVANCE PROCEDURE.....,......

A. Definition:

B. Time Limits: .............

C. Presentation: .............

D. Procedure:...........

ARTICLE XII - DISCIPLINE PROCEDURE ...........

A. Policy:

B. Definition.

C. Persons Authorized to lnitiate Disciplinary Action:

D. Definitions:................

E. Cause for Disciplinary Action:................

F. Preliminary Notice of Disciplinary Action:

G. Skelly Meeting:

H. Appeal of Disciplinary Action:
20 20
20 21
21 21
21 21
21 22
22 22
23 24
24 25
25 26
26 26
27 27
27 28
28 28
28 28
29 30
30 30
30 30
31 31
32 33

08/22/2023 Item No.13.

FPMA Memorandum of Understanding
2116123lo 12131125
ARTICLE XIII - LAYOFF...

A. Layoff.......

ARTICLE XIV - TERM AND SIGNATURE CLAUSE
A. Term of Agreement:,..........

B. Signature Clause:

ATTACHMENT A - SALARY RANGES

ATTACHMENT B - SETTLEMENT AGREEMENT AND GENERAL RELEASE 33 33
36 36
38 39
40

08/22/2023 Item No.13.

FPMA Memorandum of Understanding
2116123lo 12131125

PREAMBLE
This Memorandum of Understanding, hereinafter referred to as "the Agreement", entered into by the City of Folsom, hereinafter referred to as "the City", or "the employer", pursuant to Section 3500 et seq. of the Government Code of the State of California and the Folsom Police ManagementAssociation, hereinafter referred to as "theAssociation" or"FPMA" has as its purpose the promotion of harmonious labor relations between the City and the FPMA; establishment of an equitable and peaceful procedure for the resolution of differences; and the establishment of rates of pay, hours of work, and other terms and conditions of employment.

It is understood and agreed that this Memorandum of Understanding (MOU) supersedes and replaces all previous such actions on these points by and between the City of Folsom and the Folsom Police ManagementAssociation. Where ordinances and policies that may conflictwith the Memorandum of Understanding exist, the Memorandum of Understanding will prevail.

The term "Agreement" as used herein means the written agreement provided under section 3505.1 of the Government Code.

ARTICLE I. RECOGNITION AND COVERAGE
A. nition
Folsom Police Management Association is recognized as the exclusive representative, as provided in the City's Employer-Employee Relations Rules forall employees assigned to the Police Management Bargaining Unit in the following classifications and any other classification which is agreed between the parties to be included in the Police Management Bargaining Unit.

Police Lieutenant
Police Commander
ln the event new classifications are established and determined by the City to be in FPMA, the City agrees to notify FPMA and meet and confer over impact of placement if requested by FPMA.

B. TotalAqreement:

This Memorandum of Understanding constitutes a full and complete agreement by the parties and contains all of the matters upon which the parties have reached agreement. Therefore, except as provided herein, the City and the Association, for the duration of this Agreement, each voluntarily and unqualifiedly waives the right,

08/22/2023 Item No.13.
c
FPMA Memorandum of Understanding
2116123lo 12131125
and each agrees that the other shall not be obligated to bargain collectively, with respect to any subject or matter referred to or covered in this Agreement, as well as any subject or matter not referred to or covered in this Agreement.

Severabilitv of Provisions:

Should any section, clause or provision of this Agreement be declared illegal by final judgment of a court of competent jurisdiction, such invalidation of such section, clause or provision shall not invalidate the remaining portions hereof, and such remaininQ portions shall remain in full force and effect for the duration of this Agreement. ln the event of such invalidation, the parties agree to meet and confer concerning substitute provisions for provisions rendered or declared illegal.

ARTICLE II _ MANAGEMENT RIGHTS
All City rights and functions, except those which are expressly abridged by this Agreement, shall remain vested with the City. The rights of the City include, but are not limited to, the exclusive right to:

Manage the City generally and to determine issues of policy Determine the existence of facts which is the basis of management decisions Determine the necessity for and organization of any service or activity conducted by the City, and to expand or diminish services.

Determine the nature, manner, means, technology, and extent of services to be provided to the public.

Determine methods of financing
Determine types of equipment or technology to be used.

Determine and/or change the facilities, methods, technology, means, organizational structure, and size and composition of the work force, and to allocate and assign the work by which the City operations are to be conducted.

Determine and change the number of locations, relocations, and types of operations, processes, and materials to be used in carrying out all City functions, including, but not limited to, the right to contract for or sub-contract any work or operation of the City.

Assign work to and schedule employees in accordance with requirements as

A
B
c
D
E
F.

G
H

08/22/2023 Item No.13.

J
FPMA Memorandum of Understanding
2116123 to 12131125
determined by the City, and to establish and change work schedules and assignments upon reasonable notice and good faith meet and confer.

Lay off employees from duties because of lack of work or funds, or under conditions where continued work would be ineffective or non-productive.

Establish and modify productivity and performance programs and standards.

Dismiss, suspend without pay, demote, reprimand, withhold salary step increases, or otherwise discipline employees for cause.

Determine minimum qualifications, skills, abilities, knowledge, selection procedures and standards, and job classifications, and to reclassify employees.

Hire, transfer, promote, and demote employees
Determine policies, procedures, and standards forselection, training, and promotion of employees.

Establish reasonable employee performance standards including, but not limited to, quality and quantity standards; and to require compliance therewith.

Maintain order and efficiency in City facilities and operations.

Establish, publish, and/or modify rules and regulations to maintain order and safety and health in the City. The City agrees to meet and confer on any items that fall within the scope of Government Code Section 3500 et. seq.

Restrict the activity of an employee organization on the municipal property and on municipal time except as set forth in the City's Personnel Rules.

S
T Take any and all necessary action to carry out the mission of the City in emergencies.

ARTICLE III - NO STRIKE
FPMA agrees that during the term of this Agreement, neither it nor its officers, employees, representatives, or members will engage in, encourage, sanction, support or suggest any strikes, work stoppages, boycotts, slowdowns, mass resignations, mass absenteeism or any other similar actions which would involve suspension of, or interference with, the normal work of the City of Folsom. ln the event that FPMA members participate in such activities in violation of this provision, FPMA shall notify those members so engaged to cease and desist from such activities and shall instruct the members to return to their

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08/22/2023 Item No.13.

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normal duties

ARTICLE IV - EMPLOYEE RIGHTS
A. Union Bank Time:

Employees in the bargaining unit may, but are not required to, donate accrued Annual Leave, Holiday Leave, or Furlough Time in no less than one- half (.5) hour increments, into a bank of hours from which designated FPMA representatives may draw time for the purposes of conducting association business, including but not limited to, training programs and seminars.

Donated time will be transferred from the donating employee's accrued Annual Leave, Holiday Leave, or Furlough Time to the Union Bank as a one- time donation or from Annual Leave on a regular basis each pay period.

The FPMA President or designee must approve, fill out and submit a leave request slip for all employees using the Union Bank. The release of employees on Union Bank Time shall be subject to the needs of the City, as determined by the Police Chief.
3 The FPMA shall submit a request to the Police Chief or designee for the release of employees on Union Bank Time at least 7 calendar days prior to the desired time off or as othenrvise approved by the Police Chief.

B. Non-discrimination:

The City agrees not to discriminate against any employee because of membership in the Association or because of any activities on behalf of the Association. The City further agrees not to discriminate, harass, or reprise against any employee aS a resultof theirexerciseof theirrights underthisAgreement, orunderSection3500et seq., of the Government Code of the State of California.

C. Access to Personnel Files
The City shall maintain only one (1) personnel file on each person in the Human Resources Department. A duplicate personnel file shall be maintained at the Police Department. Both files shall be kept secured.

Upon request by an employee, the employee and/or his/her authorized representative may review the personnel files during regular business hours, except where denial of access is authorized by statute.
lnformation contained in an employee's personnel file shall be confidential and

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available for inspection only to authorized management/administrative personnel and the supervisor of the employee; except, however, that information in an employee's personnel file may be released pursuant to court order, subpoena, or with a release signed by the employee. The department shall notify the employee of the existence of such court order, subpoena, or a motion for court order to gain access to the personnel file prior to the release of any information.

No materialwhich relates to the employee's conduct, attitude, work performance, or service will be included in his/her personnel file without being signed and dated by the author of such material. Before such material is placed in the employee's file, the department head shall provide the employee the opportunity to review the material and sign and date it. A copy of such material shall be provided to the employee. The employee shall have the rightto insert in his/herfilewithin thirty (30) days of the employer placing the item in the file, supplementary material and a written response to any item in the file. Such response shall remain attached to the material it supplements for as long as the m.aterial remains in the file. lnternal affairs investigations shall be kept in a separate file under the employee's name and shall be purged and destroyed after five (5) years. Such files shall be maintained in the Police Department.

D. Purqino nnel Files
Upon the request of an employee, and with the approval of the Police Chief, counseling memos and reprimands shall be removed from personnelfiles after two (2) years. These items, along with disciplinary actions (i.e., suspensions, reductions in pay, and demotions) shall be removed and destroyed after five (5) years in accordance with the City's records retention policy.

ARTICLE V _ SALARY AND OTHER COMPENSATION
A. Salary Ranges:

1. The Salary Ranges for each job classification in the Police Management Bargaining Unit are set forth in Attachment XX of this Agreement. The Salary Range for each classification includes applicable Salary lncreases (Article V, Section B), and any Special Salary Adjustments (Article V, Section C). These salary ranges shall be effective February 16, 2023. lt is understood that implementation of any salary increase, or market adjustment may vary slightly due to rounding.

2. Effective February 16,2023, the salary range for each classification shall consist of five (5) steps, with approximately 5% between steps.

08/22/2023 Item No.13.

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3. Effective February 16,2023:
i. The classification of Police Lieutenant shall receive an increase of 3o/o. ii. The classification of Police Commander shall receive an increase of

3.5o/o.

4. Employees will be moved to the new salary range and step that is closest to their base salary (base salary as of February 15,2023) without being lower.

5. Procedures for step advancement, promotion, demotion, transfer, and layoff as set forth in City of Folsom Personnel Rules and Regulations, and the MOU shall apply. Should unusual circumstances or rigid adherence to the current salary range structure cause an unforeseen inequity, the City Manager shall have the right to make adjustments that are in the best interest of the City.

B. Salarv lncreases
Effective January 1,2024, all employees shall receive a salary increase of 3o/o.

Effective January 1 , 2025, all employees shall receive a salary increase of 3o/o.

C. Special Salarv Adiustment
Effective February 16,2023, the classification of Police Commander shall receive a special salary adjustment of 3.5%.

D. Market Survev:

The City agrees to conduct a market survey of the classes of Police Lieutenant and Police Commander. The survey shall be concluded not later than 120 days prior to the expiration of this MOU. The parties agree to meet and confer over survey results.

The purpose of the study is to determine the relationship of the total compensation for employees in the job classifications identified above when compared to comparable job classifications in the following agencies: City of Elk Grove, City of Rocklin, City of West Sacramento, City of Sacramento, City of Roseville, City of Citrus Heights, and County of Sacramento.

Compensation, for purposes of this study, shall constitute the following elements:

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08/22/2023 Item No.13.

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Base salary (top step in the salary range)
Maximum contribution to healthcare costs
Uniform Allowance (For any agency providing uniforms but not reporting an allowance, the average allowance will be attributed for comparison purposes)
Maximum Education/POST/Executive-Level Course lncentive Pay Deferred Compensation
3 Study results will identify the mean (average) and relative ranking of the base salary and total compensation, by classification, comparing the City of Folsom to those agencies identified in subsection 1 above.

E. Maintenance of Salarv Relationships
The parties agree that maintenance of current salary relationships between this bargaining unit and the sworn personnel in FPOA is a mutual goal. Towards this end, anytime the City decides to adjust the salary for any of these classes, the City agrees to notice and meet and confer with FPMA on the impact of such a decision on employees in the Police Management Bargaining Unit.

Deferred Compensation
For employees participating in the City's deferred compensation program, the City agrees to make matching contributions up to $350.00 per month.

G. Clothinq/UniformAllowance:

1. Plain Clothes Assignments
When the Police Chief assigns employees to a plain clothes assignment (for more than 3 months consecutively), such employees shall receive a clothing allowance of $1,000.00 per year. Plain clothes assignments are those assignments that require professional business attire. Other plain clothes assignments that do not require daily wearing of professional business attire may qualify for the allowance based upon individual written approval by the Police Chief. Appropriate justification shall be made for such approval.

The City agrees to pay for the cleaning of plain clothes for those employees assigned to a plain clothes assignment. Employees in a plain clothes assignment may have their department issued uniforms cleaned as needed based upon uniformed or overtime assignments.
a
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08/22/2023 Item No.13.

FPMA Memorandum of Understanding
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Clothing allowance shall be paid annually in conjunction with bi-annual shift changes, on or before January 20th and on or before July 20th of each fiscal year. Employees assigned to a plain clothes assignment in January or in July of each year shall receive the annual clothing allowance for the year, payable as described above. Employees assigned to a plain clothes assignment after shift changes will receive a pro-rated clothing allowance.

As provided in subsection 2 below, the City agrees to provide the initial issue of uniforms to all sworn employees and the City shall pay for the cleaning and replacement of all uniforms.

Any proposed change to the uniforms will only be done after meet and confer with the FPMA.

The City agrees to report to PERS the estimated value of $2,000.00 perfiscal year for each employee for purposes of purchasing, cleaning, maintaining and replacing uniforms.

2. Uniform lssuance/Replacement -- All Employees
The City will provide the initial issue of uniforms to all employees of the department. The City shall replace any uniform or authorized equipment, which has been lost, stolen, damaged or rendered unserviceable as a result of on-duty activity. Personnel will receive authorization for uniform replacement from their immediate supervisor.

H. Educational lncentive Pav

1. Employees shall be eligible to receive education incentive pay after the employee has completed their one (1) year probationary period.

Exception: Employees hired into the department as "lateral hires" shall receive education incentive pay upon hire. (Lateral is defined as holding the same or similar title at another agency.)
Exception: Employees promoted to this bargaining group shall receive education incentive pay upon promotion.

2. Police Lieutenants and Police Commanders will be entitled to receive educational incentive pay based on the following:

Employees hired before July 1 ,2O1O, who are in possession of or obtain a Masters of Arts/Masters of Science degree shall receive an incentive of $400 per month.

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Degrees shall be related to the field of law enforcement of public administration as approved by the Police Chief. Employees hired on or after July 1 ,2010, shall not qualify for an incentive for a Masters of Arts/Masters of Science degree.

Payment of Education lncentive will begin effective the first pay period after the employee provides the Human Resources Department with the appropriate documentation, which includes a, copy of transcripts or diploma. lt is the responsibility of each employee to notify the Human Resources Department of his/her eligibility for education incentive and to provide the appropriate documentation.

Employees who qualify for Education lncentive pay and who received City paid tuition reimbursement (Article V, Section l) as a recognized classification of FPMA (as identified in Article l, Section A) will not receive Education lncentive pay until they have reimbursed the City for the cost of the tuition reimbursement. Once payment is made in full for tuition reimbursement, the Education lncentive will begin and be paid directly to the employee. Reimbursing the City will consist of delaying the incentive pay until an amount equivalent to the tuition reimbursement has been withheld. For example, if an employee qualified for $400 per month in Education lncentive pay, but had received $4,000 in total tuition reimbursement, the employee's incentive payment would be delayed 10 months from the Education lncentive effective date.

3. POST Management Certificate Pay
a. A POST Supervisory Certificate is required for all FPMA positions. b. Police Lieutenants: A POST Management Certificate is optional but preferred.
i. Effective February 16,2023, Lieutenants who are in possession of a valid POST Management Certificate shall receive an incentive of $425.00 per month. Payment of POST Management Certificate Pay will begin effective the first pay period after the employee provides the Human Resources Department with the appropriate documentation, which includes a copy of the POST Management Certificate. The City will retroactively pay up to six (6) months of this incentive pay after receipt of a copy of the POST Management Certificate, but in no case, prior to the date Certificate is authorized. lt is the responsibility of each employee to notify the Human Resources Department of his/her eligibility and to provide the appropriate documentation. c. Police Commanders: A POST Management Certificate is required.

4. Executive Development Course Pay
With the advance written approvalof the Police Chief, and upon completion, Police

08/22/2023 Item No.13.

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Commanders who have completed a POST Executive Development Course, or other executive-level course, shall receive $600.00 per month in addition to their base salary. Payment of Executive Development Course Pay will begin effective the first pay period afterthe employee provides the Human Resources Departmentwith the appropriate documentation. lt is the responsibility of each employee to notify the Human Resources Department of his/her eligibility for Executive Development Course Pay and to provide the appropriate documentation.

Tuition Reimbursement Policv:

City will pay 50% of tuition cost up to $4,000 per fiscal year for regionally accredited Master's degree program if budgeted and preapproved by the Police Chief.

Lonqevitv Pav/Law Enforcemen :

Longevity Pay will hereinafter be referred to as Law Enforcement Retention Pay and shall be deemed longevity pay and reported to CaIPERS as specialcompensation pursuant to C.C.R. Section 571.

Subject to all of the provisions of this subsection, the City will pay employees represented by the FPMA a Law Enforcement Retention Pay differential based on the following formula. The Law Enforcement Retention Pay increments will be paid on a monthly basis.
. 2 T"o/o after 10 years of full-time continuous City service; . an additional 2Tzo/o after 15 years of fulltime continuous City service; . an additional 2 Tzo/o after 2O years of fulltime continuous City service
Law Enforcement Retention Pay shall not exceed a total of 7 Tzo/o per month for an employee with twenty or more years of fulltime City service.

Notwithstanding subsection 1 above, for the period beginning July 1 ,2010, and ending June 30, 2O11, employee advancement from one Longevity Pay increment to the next increment shall be frozen. Employees who would normally have advanced to a higher increment during this period shall advance to the next higher increment twelve (12) months from their anniversary date and shall not receive any retroactive payment nor shallthe elapsed time period between July 1 ,2O1O, and June 30,2011, be counted for any future advancement.

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08/22/2023 Item No.13.

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2116123to 12131125
K. Bilinoual Pav:

The Police Chief may designate an employee as eligible to receive a 2.5o/o Bilingual Pay differential. Upon such designation, the FPMA employee will receive 2.5o/o of base rate.
a, Employees eligible for Bilingual Pay must (1) speak a foreign language as identified by the City; (2) agree to utilize his/her bilingual ability on the job; and (3) demonstrate bilingual proficiency satisfactory to the Director of Human Resources. Such assignments shall be in writing and must be renewed on an annual basis.
b. Employees shall maintain the necessary training and certification standards established by the City to continue to receive bilingual pay.

All employees receiving bilingual pay shall have their bilingual performance included as part of the employee's City performance evaluation. Performance that falls below "meets expectations" may subject the employee to loss of bilingual pay.

One-Time Adiustment Pav
As required by AttachmentXX, effective the first full pay period after ratification and approval of the Memorandum of Understanding between the City of Folsom and FPMA, but no later than July 1 , 2023, the City shall provide a one-time, non- PERSable, lump sum payment to certain employees in FPMA as follows:
a. 5.3o/o of their base salary under the 89A salary range on 11l23l22,for anyone promoted to Lieutenant between 11119119 and 12131121 and b. 1o/o of their base salary under the 89A salary range on 11l23l22,lor anyone promoted to Lieutenant between 111122 and 9130122.

ARTICLE VI _ RETIREMENT
A. Public Emolovees Retirement Svstem (PERS) -- Formula 1 Allsafety employees hired priorto June 30, 2010 shall receive the retirement benefit of 3o/o @50. All safety employees hired on or after July 1, 2010 but prior to January 1, 2013 shall receive the retirement benefit of 2%@50. All employees hired on or after January 1, 2013 shall receive the retirement benefit of 2.7o/o@57 or as specified in the California Public Employee's Pension Reform Act of 2013 (PEPRA).

All miscellaneous employees hired prior to June 30,2010 shall receive the

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08/22/2023 Item No.13.

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retirement benefit of 2.7@55. All miscellaneous employees hired on or after July 1 , 2010 shall receive the retirement benefit of 2o/o@55. All employees hired on or after January 1,2013 shall receive the retirement benefit 20/o@62 or as specified in the California Public Employee's Pension Reform Act of 2013 (PEPRA).

All employees hired prior to June 30, 2010, shall receive the retirement benefit based on the single highest twelve (12) months of compensation All employees hired on or after July 1, 2010, shall receive the retirement benefit based on the employee's highest average monthly compensation during thirty-six (36) consecutive months of employment as provided in state law pertaining to PERS.

B. Public Emplovees Retirement Svstem (PERS) - ment Benefit:

Safety employees shall pay 9o/o of the employee share of retirement and miscellaneous employees shall pay 8o/o of the employee share of retirement.

The City agrees to continue Government Code Section 20691, Conversion of Employer Paid Member Contributions (EPMC), for miscellaneous employees. 3 Employees hired on or after January 1, 2013, will pay the employee contribution as required by PERS, if different from ltem 1 above.

C. Retiree Health lnsurance
Existing employees who retirel from City service on July 1,2OO7, or later may participate in the health insurance plans made available by the City for active employees. The amount of the City's monthly contribution shall be determined as set forth below Any costs that exceed the maximum paid by the City towards retiree health insurance costs shall be borne by the retiree. a. Employees who retire with less than 5 years of service2 shall not be eligible to receive any City contribution toward the cost of retiree health insurance.
1 'Existing employees" are exclusively permanent and/or probationary employees of the City of Folsom on the date this Addendum is approved by the Folsom City Council. "Retire" or "retiree" is defined as any classified City employee who (1) applies for retirement with the Public Employees' Retirement System (PERS) within ninety (90) days afterterminating employmentwith the City;and (2) receives a PERS retirement benefit.
2 "Service" is defined as full time (or equivalent) continuous permanent and/or probationary employment status with the City of Folsom.
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2. b Employees who retire with more than 5 years of service shall qualify for a monthly City retiree health insurance contribution. (1) Subject to the maximum set forth in ltem 1 .c. below, the City retiree health insurance contribution shall be as follows:
(2) Retiree only - an amount equal to the City's contribution towards active employee health insurance for the category of "employee only."
(3) Retiree and one dependent - an amount equal to the City's contribution towards active employee health insurance for the category of "employee plus one."
(4) Retiree and two or more dependents - an amount equal to the City's contribution towards active employee health insurance for the category of "employee plus one" plus $100.
c. The City's monthly contribution toward the cost of retiree health insurance shall not exceed the maximum monthly contribution paid by the City to active employee health insurance for the categories of employee only (for retiree only), employee plus one (for retiree plus one dependent), and employee plus one plus $100 (for retiree plus two or more dependents), as of January 1,2012.
(1) The January 1,2012, cap for each category shall be adjusted each January thereafter by an amount not the exceed 3%, depending on the percent increase in the Consumer Price lndex (CPl), U.S. Department of Labor, for November -
November of the previous year, lndex CPI-W, Urban Wage
Earners and Clerical Workers, Series #CWUR0400SA0, United States. (Example, if the cost of living for the specified period increases by 2o/o, the cap shall be increased by 2o/o. lf the cost of living for the specified period increases by 4o/o, the cap shall be increased by 3% (cost of living increases in the cap shall be rounded to the nearest tenth.)
The City shall contribute $25 per pay period into a Health Retirement Arrangement (HRA) for each probationary/permanent employee hired after May 8, 2007. The principles governing the HRA shall be established by the lnternal Revenue Service (lRS) and the City Human Resources Department.

08/22/2023 Item No.13.

D
FPMA Memorandum of Understanding
2116123lo 12131125
Pre-retirement Optional Settlement 2W Death Benefit (Survivors):

The City's contractwith the Public Employees'Retirement System (PERS) includes Government Code Section 21548, Pre-Retirement Optional Settlement 2W Death Benefit.

E. Retiree Dental and Vision lnsurance:

Effective the first full pay period after approval of this MOU by the City Council, employees who retire from City service must have at least 120 months of continuous service as a City employee to qualify for dental and vision insurance benefits provided to active employees. The City shallcontribute 5% of the premium peryear of City service, up to an 80% City contribution.

F. Social Security Retirement Plan:

Employees in the Police Bargaining Unit shall maintain enrollment in the federal Social Security System (F. l.C.A.).

ARTICLE VII _ INSURANCE
The City's obligation for health, dental, vision, life and disability insurance coverage is limited to plan contribution. Plan content, including eligibility criteria, is determined by the respective carriers.

A. Health Insurance
Beginning January 1,2011, the City's maximum monthly contribution for active employee health insurance coverage shall be adjusted annually to an amount equal to 50% of the increase above the 2010 Kaiser monthly premium rate for employee only category ($507.89), employee plus 1 category ($1,015.78), and employee plus 2 or more category ($1,320.52), rounded to the next whole number.

Example
Employee only category: The 2010 monthly premium for Kaiser employee only is $507.39 and the City's maximum monthly contribution is $486.00. lf this premium increases by 10o/o for 2011, or to $558.68, the City's contributionfor 2011 for the employee only category would be computed as follows: $558.68 - $507.89 = $50.79, $50.79 x 50o/o = $25.40, $486.00 + $25.40 = $511.40. After rounding to the next whole number, the City's

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2 maximum contribution for health insurance for the employee only category would be $511 per month.

Employee plus 1 category: The 2010 monthly premium for Kaiser employee plus 1 is $1 ,015.78 and the City's maximum monthly contribution is $972.00. lf this premium increases by 1O%for 2011, or to $1,117.36, the City's contribution for2011 forthe employee plus 1 categorywould be computed as follows: $1 ,1 17.36 - $1 ,01 5.78 = $101 .58, $101 .58 x 50% = $50.79, $972.00 + $50.79 - $1,022.79. After rounding to the next whole number, the City's maximum contribution for health insurance for the employee plus 1 category would be $1,023 per month.

Employee plus 2 or more category: The 2010 monthly premium for Kaiser employee plus 2 or more is $1,320.52 and the City's maximum monthly contribution is $1,263.00. lf this premium increases by 1Oo/o for 2011, or to $1,452.57, the City's contribution for 2011 for the employee plus 2 or more category would be computed as follows: $1 ,452.57 - $1,320.52 = $132.05, $132.05 x 50% = $66.03, $1 ,263 + $66.03 = $1,329.03. After rounding to the nextwhole number, the City's maximum contribution for health insurance for the employee plus 2 or more category would be $1,329 per month.

Employees who select a health plan with higher monthly premiums than the maximum monthly premium paid by the City (Section A, item 1 above) shall pay the difference through payroll deduction. Should employees select a health plan with lower monthly premiums than the maximum monthly premium paid the City, the City's contribution shall be limited to the cost of the monthly premium.

3. High Deductible Health Plans
The City agrees to offer two High Deductible Health Benefit Plans offered by the health benefit plan carriers.

The City agrees to make available a Health Savings Account (HSA) to eligible active employees who select either of the High Deductible Health Benefit Plans.

Fifty percent (50%) of the difference between the City's monthly contribution towards the cost of the Kaiser HMO Health plan premiums as set forth in Article XX, Section XX of the MOU and the monthly premium for a High Deductible Health Plan shall be contributed into the employee's HSA. Tax status of contributions, contribution amounts, and use of HSA funds shall be in accordance

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with federal and state law

4. Health lnsurance - Cash Back
Probationary or permanent employees, who certify to the Human Resources Department that they have group health insurance coverage with comparable benefits to health plans offered by City, may decline to participate in City health insurance coverage. b. Employees who decline to participate in City health insurance coverage shall receive a cash back payment from the City of $300 per month foreach month the employee does not participate in City health insurance coverage.
a
Employees who have declined to participate in City health plan coverage pursuant to this section may enroll in City health plan coverage only during the annual open enrollment period.

This section shall be administered pursuant to procedures established by the City's Human Resources Department.

Employees who decline health insurance coverage shall continue to be eligible to participate in the City's vision and dental plans.

An employee whose spouse is employed by the City and receives health insurance is also eligible to receive the cash back payment.

B. IRS 125 Reimbursement Account:

The City will provide access to an IRS 125 Reimbursement Account. Employees may participate in the account pursuant to administrative procedures established by the City.

C. HealthBenefitsLabor-ManaqementCommittee:

The parties agree to participate in a city-wide Health Benefits Labor-Management Committee to review existing health benefit programs, plan changes, and cost containment. The Health Benefits Labor-Management Committee shall be open to all employee organizations representing City employees. FPMA may select up to two representatives to participate in Committee meetings. Employees who participate in Committee meetings shall do so without loss of compensation. c.
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f
D. Dental lnsurance:

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Dental insurance will be provided by Delta Dental Plan. Effective the first full pay period after approval of this MOU by the City Council, the City will contribute 80% of the monthly premium for an employee, employee and dependent, or employee and family as set forth in the plan document.

E. Vision Care:

Vision coverage will be provided Vision Services Plan. Effective the first full pay period after approval of this MOU by the City Council, the City will contribute 80% of the monthly premium for an employee, employee and dependent, or employee and family as set forth in the plan document.

F. Life lnsurance:

The City agrees to continue to pay premiums to provide $60,000 life insurance coverage and $60,000 accidental death and dismemberment coverage for employees in the bargaining unit for the term of this Agreement.

Eligible dependents shall receive $2,000 life insurance coverage.

G. Short Term Disabilifu Proqram
The City agrees to provide a Short-Term Disability lnsurance Program as provided in the plan document, with the City paying 100% of the monthly premium rate forthe weekly indemnity insurance program (short term disability) of 60% of salary for 26 weeks. The waiting period for initiation of benefits under the plan shall be 12 calendar days. This program is for non-job-related injuries or illness.

H. Lonq Term Disabilitv Prooram
The City agrees to provide a long-term disability program for employees in the bargaining unit as provided in the plan document. The plan shall provide for a maximum benefit of 60% of salary, up to age 65. This program is for non-job-related injuries or illness.

ARTICLE VIII _ HOURS OF WORK AND OVERTIME
A. Overtime
Overtime may be required of any employee when the Chief of Police or designee determines it to be in the best interest of the City. This includes special events for Page21

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which the City is reimbursed for the cost of FPMA personnel At the Chief of Police's discretion, overtime will also be paid for any emergency response hours worked outside an employee's scheduled hours of work.

Time worked in excess of eight (8) hours in a day shall not count in determining whether an employee has worked in excess of forty (40) hours in a week.

The overtime rate of pay shall be either 1Tz times the hourly rate of salary with respect to cash payment; or 11/z hours for each hour worked with respect to compensatory time off (CTO). Compensatory time off hours shall be included on payroll stubs.

B. Manaqement Leave:

Employees shall receive management leave at a rate of 80 hours annually based on a fiscal calendar. Such leave shall be posted to affected employees on July l steach year. Employees hired or promoted with less than 12 months' of service in the Police Management Unit shall accrue management leave on a prorated basis.

A member of FPMA who works substantially more than 80 hours per year without compensation, may be allocated up to 20 additional hours (for a total of 100 hours per year) of management leave. Annually, the Police Chief may provide a list to the City Manager of those employees they feel are deserving of the additional management leave. A list of regularly performed duties in excess of compensated hours shall be included with each employee's name. The list shall be submitted for the City Manager's review and approval no later than July 1 of each year. All such requests are subject to final approval by the City Manager.

ARTICLE IX _ LEAVES
A. Annual Leave:

1. Employees shall receive the following Annual Leave credits:

Non-shift rsonnel -hour work wee
Lenqth of Service Annual Leave Allowance

16.34 hours per month0 - 5 years

19.34 hours per month5 - 10 vears
22,34 hours per month10 - 15 vears
15+ vears 24.34 hours per month
Shift personnel
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2 Lenqth of Service Annual Leave Allowance
0 - 5 Vears 17.0O hours per month
5 - 10 vears 20.00 hours per month
10 - 15 years 23.00 hours per month
15+ years 25.00 hours per month
Except as specified in Article lX, Section B below, employees shall not accrue sick leave. However, employees who have accumulated sick leave hours shall retain such hours and may use such leave credits pursuant to Article lX, Section B, below.

Annual leave credits may be used for any approved absence, including vacation and illness or injury. When annual leave is used for vacation, it will be scheduled pursuant to City Personnel Rules. When annual leave is used for illness or injury leave (e.9., sick leave) purposes, it will be taken pursuant to Article lX, Section B of this MOU.

Employees with annual leave balances that exceed the annual leave caps of 400 as of the date of ratification of this MOU by City Council, may retain such balances until the annual leave balances are reduced to the new cap.

To avoid exceeding the maximum of 400 hours of accumulated annual leave, the City may direct an employee to take time off on annual leave. However, in the event the City does not approve annual leave for an employee in an amount sufficient to reduce accumulated annual leave to 400 hours, the number of hours that exceed 400 hours shall be rolled over into sick leave untilthe annual leave balance is reduced to the cap.

3. 4
a.

5. Cash Out of Annual Leave
Employees may cash out up to 40 hours of annual leave per fiscal year.

Annual leave shall be cashed out pursuant to procedures established by the City Human Resources Department.

Accrued annual leave shall be cashed out upon separation of employment with the City on an hour-for-hour basis.

Annual vacation requests shall be approved based on department policy as approved by the Chief of Police.
a
b
c
6 B. Sick Leave

08/22/2023 Item No.13.

FPMA Memorandum of Understanding
2116123 to 12131125
Sick leave may be used by employees for purposes enumerated in City Personnel Rules.

The City's contract with CaIPERS permits sick leave to be converted to service credit for purposes of retirement (Government Code section 20965).

Accrued sick leave shall not be cashed out
There shall be no maximum on the number of hours of sick leave an employee may accrue (bank).

C. Holidays
Employees who are assigned by the Police Chief to work shifts shall cease accruing Holiday Leave time; instead, such employees shall receive a 6% Holiday Pay ditferential. Holiday Pay shall be multiplied by the employee's base salary.

Employees with accrued Holiday Leave credits on the books may take such time off in the same manner as Annual Leave. Holiday Pay shall be compensable for retirement (PERS) purposes.

D. FPMA Catastrop hic Leave Bank:
1 2.

3. 4.
1 The purpose of the FPMA catastrophic time bank is to enable employees to receive and donate accrued annual leave, sick leave, and compensating time off (CTO) credits to assist employees who have no leave and who will suffer a financial hardship due to a prolonged illness or injury to themselves or a member of the immediate family as defined in City Personnel Rules. The following conditions shall apply:

Catastrophic Leave will be available only to employees who have exhausted all of their own paid leave through a bonafide serious illness or injury.

The City shall administer the time bank.

An employee may be on disability insurance and use the time bank credits in the same manner that sick leave is used to supplement disability insu rance benefits.

All donations are to be confidential, between the donating employee and the City.

Employees donating to the time bank must have forty (a0) hours of annual leave or sick leave available after making a donation.

Donating employees must sign an authorization form (prepared by the City). Employees relinquish all rights and claims to hours donated.

Donor specific time does not require exhaustion of accrued leave time Page24
a
b
c.
d.
e.
f

08/22/2023 Item No.13.

FPMA Memorandum of Understanding
2116123lo 12131125
A.
by recipient.

Donations shall be subject to applicable tax laws.

Availability of catastrophic leave time shall not delay or prevent the City from taking action to medically separate or disability retire an employee.

The City may require a physician's statement stating that the presence of the employee who is requesting catastrophic leave time to care for an ill or injured immediate family member is necessary.

ARTICLE X _ MISCELLANEOUS
Fitness for Dutv:

1. The City may require an employee to submit to a medical examination by a physician designated by the City to evaluate the capacity of the employee to perform the work of the employee's position. The decision to require an employee to submit to such medical examination shall be based upon reasonable cause to believe, by the employee's department head or designee, thatthe employee is unable to perform the work of the employee's position. The City shall pay the cost of such examination.

The physician shall make a written report to the Ci$. lnformation provided by the City's physician shall be kept confidential. A copy of the physician's report shall be given to the employee.

After consideration of the report and other pertinent information, the City will take steps in accordance with State and Federal law regarding disabilities. lf the City concludes the employee is unable to perform the work of his/her present position, the City may demote or transfer the employee to an appropriate position, including one of less than full time. lf it is concluded that the employee is unable to perform the duties of his/her position and the employee cannot be demoted or transferred to another position, the employee's employment with the City may be terminated. Any such action shall be considered non-disciplinary. An employee who is terminated because he/she is unable to perform the duties of his/her position shall be placed on paid administrative leave until the date of separation.

An employee terminated pursuant to this section may elect, at the employee's cost, to an examination by a physician of the employee's choice. lf the employee's physician finds the employee fit to perform his/her job duties the employee shall have the right to submit the matter to binding arbitration, pursuant to Article Xl of this MOU.

g
h

08/22/2023 Item No.13.

FPMA Memorandum of Understanding
2t16l23to 12131125
Afterweighing the evidence submitted by both parties, the employee may be reinstated if the arbitrator determines that the employee is fit to perform the duties of his/her former position. Reinstatement shall not require current eligibility on any city employment list. The arbitrator may elect to pay the employee for some or all of the time between the termination date and the date of the arbitrator's award.

This section shall not supersede any rights and/or remedies the parties may have pursuant to the California Workers Compensation system and Labor Code.
3 The parties agree to meet during the term of this agreement to review policies and statutes that govern Fitness for Duty and ensure compliance with state law.

B. Citv Vehicle Use:

City vehicles shall be assigned at the discretion of the Chief of Police C. Probationarv Period:

The City will require a 12-month probationary period for all classes in the police management bargaining unit. All regular employees shall serve a 12-month probationary period upon appointment to a classification in the police bargaining unit. Probationary periods may be extended consistent with City Personnel Rules.

D. Permanent Part-Time Emolovees:

Permanent part-time employees are employees hired off an eligible list and who work at least 20 hours per week and not more than 39 hours per week.

The City agrees to pay 100% of the health, dental, and vision insurance premiums for the employee-only category for permanent parttime employees. Permanent part- time employees shall have the option to purchase dependent coverage through the City at rates established by the City's health, dental and vision insurance carriers.

When a permanent part-time employee purchases dependent coverage, the employee shall pay the difference between the amount paid by the City for employee-only coverage and the cost of the dependent coverage.

Other benefits provided in the Memorandum of Understanding (MOU) between the City and the FPMA shall be allocated to permanent parttime employees on a pro- rata basis'
P age26
2

08/22/2023 Item No.13.

FPMA Memorandum of Understanding
2116123 to 12131125
E. Voluntary Wellness Program:

The Police Department will implement a Voluntary Wellness Program for employees.

The purpose of the program is to encourage the proper physical conditioning and health of law enforcement personnel. The department shall determine specific procedures and policies; however, key elements shall include:

Regular exercise regimen. Employees shall be granted up to four hours (not to exceed one hour per shift) of release time per workweek to exercise, call load permitting. Such time shall be scheduled at the discretion of appropriate supervisory personnel.
1 2

3. Participation in an annual "baseline" physical evaluation conducted by the department.

The Chief of Police shall be authorized to implement program changes which benefit additional members of the FPMA. Those additions will be pu bl ished consistent with depa rtment d i rectives.

F. Personal Leave Time
Any Personal Leave Time (PLT) earned by employees and still remaining on the books may be used by employees for time off on an hour for hour basis until the employee has exhausted the bank. Use of PLT time shall be subject to the following:

PLT may be used by employees for time off on an hour for hour basis until the employee has exhausted the bank. Use of PLT time shall be subject to the following:

Use of PLT shall be subject to the operating needs of the Police department.,
Use of PLT shall not cause the Police department to backfill behind an employee using PLT.

PLT shall have no cash value and may not be cashed out. lf an employee terminates employment with the City or retires, any PLT remaining in the bank shall be surrendered with no value to the employee.

G. MutualAidAssisnments
All personnel assigned by the Chief of Police to provide Mutual Aid to another public Page27
1 a.
b.
c.

08/22/2023 Item No.13.

FPMA Memorandum of Understanding
2116123lo 12131125
agency will be compensated (portal to portal) from time of assignment to their return to the police headquarters. While on Mutual Aid assignment, personnel will be compensated at their regular rate of pay during their normally assigned shifts.

Personnel assigned to work on days off shall be compensated at the overtime rate.

Specific policies and procedures applicable to MutualAid assignments shall be determined by the department.

H. Fraternal Order of Police (FOP) Leqal Defense Plan Leqal Services For the duration of this MOU, the City agrees to pay the actual individual membership rate of the Fraternal Order of Police (FOP) Legal Defense Plan (previously known as CPOA LegalServices Program) foreach memberof the Police Management Bargaining Unit, up to a maximum of $750.00 per employee per calendar year.

ARTICLE XI - GRIEVANCE PROCEDURE
A. Definition
The term "Grievance" as used in this Agreement is limited to a complaint or request of an employee, group of employees, or FPMA which involves the interpretation, application, or compliance with the provisions of this Agreement or City Rules.

B. Time Limits.

Grievances not presented within the time limits established for each step of this procedure shall not be considered. Should the City fail to answer within the established time limits, the grievance may be processed to the next level and the failure to answer shall be given the appropriate weight by the arbitrator.

When days are used in this article for the purpose of establishing time limits, those limits will be presumed to have been met when the appropriate forms are either personally delivered to the affected party or deposited in the U.S. mail, as evidenced by the appropriate postmark.

Time limits may be waived by mutual agreement between the parties. As referred to in this article, all "days" are "calendar days."
C. Presentation
An employee and/or FPMA representative may present a grievance while on duty,

08/22/2023 Item No.13.

FPMA Memorandum of Understanding
2116123 to 12131125
provided such presentations and discussions do not disrupt City operations and are kept to a reasonable minimum.

D. Procedure:

All grievances as defined herein shall be processed in accordance with this procedure. All grievances, beginning at Step 2 shall be filed on forms provided by the City for that purpose. FPMA may refuse to represent a grievant and the City may refuse to consider a grievance in those circumstances where the aggrieved party has not followed this procedure.

STEP 1 . Within fifteen (15) days of the act(s) and/or omission(s) giving rise to the grievance orwithin fifteen (15) days of the time the employee or FPMA should reasonably have been aware of said act(s) and/or omission(s), the grievance shall be discussed informally with the person or persons most directly responsible for the circumstances which gave rise to the grievance. lf the grievance is not resolved within fifteen (1 5) days of the date on which it is first presented at Step 1, the grievant may proceed to Step 2.

STEP 2. Within fifteen (15) days of receipt of the Step 1 answer, or if no answer is given, within thirty (30) days of the Step 1 meeting, the grievant, if still dissatisfied, shall file with the Police Chief, a formal written grievance.

Within fifteen (1 5) days of the receipt of the formal grievance the Police Chief or designee shall meet with the grievant to discuss the matter. The Police Chief or designee shall respond to the grievant, in writing, within fifteen (15) days of the Step 2 meeting. The Step 2 response shall include the position of the Police Department and the reasons therefore, as related to the grievance.

STEP 3. Within fifteen (15) days of the Step 2 response or, if no Step 2 response is received, within thirty (30) days of the Step 2 meeting, the grievance may be presented in writing to the City's Employee Relations Officer. The Employee Relations Officer shall conduct such investigation as is deemed appropriate and shall issue a written determination within thirty (30) days of the date on which the grievance is first presented at Step 3. lf the Employee Relations Officer fails to issue a written determination within the prescribed period of time or if the determination is not satisfactory to the grievant, the grievant may request that the matter be submitted to binding arbitration.

Matters involving the interpretation or application of this Agreement may only be submitted to Step 4 by FPMA. Employees may submit matters of discipline to arbitration pursuant to Article Xll of this Agreement.

1 2

3.

08/22/2023 Item No.13.

FPMA Memorandum of Understanding
2116123lo 12131125
A. Policy:

4. STEP 4. A request for binding arbitration shall be made in writing to the Employee Relations Officer within fifteen (15) days of the date which the grievant received a copy of the written determination of Step 3, or in the event that no Step 3 answer is received, within forty-five (45) days of the date of the Step 3 meeting. The arbitration shall be conducted in accordance with City of Folsom Personnel Rules and Regulations 3.01.050-3.10.080.

The panel's decision shall be final and binding on the City, FPMA, and the grievant. The panel shall have no authority to add to or delete from the terms of this Agreement or City rules. All fees and costs of the arbitrator and court reporter, if any, shall be borne equally by the parties. ln matters of discipline, which have not been submitted to arbitration by FPMA, all costs will be split between the parties to the arbitration and shall not include FPMA.

ARTICLE XII - DISCPLINE PROCEDURE
B
It is the policy of the City that discipline of City employees be imposed on an appropriate and consistent basis. When an employee engages in misconduct or when job performance is unsatisfactory in the judgment of the City, disciplinary action may be initiated. This article modifies disciplinary procedures identified in City Personnel Rules.

Definition:

As used herein, "disciplinary action" means suspension without pay, reduction in pay, demotion, or dismissal.
c Persons Authorized to I itiate Disciolinarv Action
Discipline may be initiated by those authorized in the City Personnel Rules.

D. Definitions
Permanent Status: This article shall only apply to employees with permanent status with the City.

Probationary Status: An employee in probationary status shall have no right to grieve or arbitrate release from probationary appointment. 1 2

08/22/2023 Item No.13.

FPMA Memorandum of Understanding
2116123to 12131125
E. Cause for Disciplinarv Action
Discipline shall be for cause. Examples of conduct or performance deficiencies that may warrant discipline include, but are not limited to (more examples can be found in the City Personnel Rules):
a.
b.
c.
d.
e.
f.
g,
h.
i.
j
k.

Misstatement of facts during the hiring process
Falsification of an entry on a City document (e.9., time card, expense report)
Disclosure of confidential information
lnsubordination or willful disobedience
I ncom petence, i nefficien cy or u nsatisfactory job perform a nce Discriminatory, discourteous, or unbecoming behavior
Theft, misuse or unauthorized use or possession of City property Dishonesty
Misconduct, i.e., any behavior that brings harm or discredit to the City Being under the influence of illegal drugs or alcohol or possessing illegal drugs while on City property or on official business Conviction of a felony or misdemeanor that involves moral turpitude, or any other conviction or pleas of nolo contendere (no contest) or diversion for such offense, which adversely affects, or brings discredit to, the City
Excessive absence or tardiness
Absence without approved leave
Violation of a City rule, policy, or procedure
Soliciting outside work for personal gain during the conduct of City business; engaging in outside employment for any business under contract by the City; participating in any outside employment that adversely affects the employee's City work performance; and engaging in unauthorized outside employment
Loss or failure to maintain any license, certification, and/or clearance which is required as a minimum qualification or condition of employment for the employee's position
t.
m
n.
o.
p
F Preliminarv Notice of Discip Action
1 A copy of the preliminary notice of disciplinary action shall be served upon the employee either personally, or by first class mail and certified mail, return receipt requested, to the last known address of the employee. The last known address shall be deemed to be the address that is within the employee's official personnel file. lf notice is provided by mail, the employee should be deemed to have received notice ten (10) workdays after the date of mailing.

08/22/2023 Item No.13.

FPMA Memorandum of Undgrstanding
2116123lo 12131125

2. The Preliminary Notice shall include
A statement of the nature of the disciplinary action;
The effective date of the disciplinary action;
A statement of the reasons for the disciplinary action citing the item(s) under Article Xll, Section E, General Orders, or the Personnel Rules which have been violated;
Any supporting material or documentation;
A Preliminary Notice of Disciplinary Action shall be valid provided it contains a statement advising the employee of the right to request a Skelly Meeting, the manner and time in which the request for a Skelly Meeting must be made, and the required content of the
request for a Skelly Meeting; and
The name and address of the person to whom all written
communication regarding this Skelly Meeting [alternatively, matter] shall be sent."
G. Skelly Meetinq:
a
b
c
d.
a
f
1 2

3. An employee who is subject to disciplinary action shall have the right, within five (5) workdays after receiving a Proposed Notice of Disciplinary Action to request a Skelly Meeting by filing a written request for a meeting signed by the employee orthe employee's representative with the employee's consent with the City Human Resources Director.

Failure to respond or inaction within the specified time will result in the waiver of the right to a Skelly meeting and the proposed discipline becoming final.

Upon a written request for a Skelly meeting, the City shall appoint a "Skelly Officer." The Skelly Officer will meet with the employee, listen to arguments and receive documents presented by the employee. Within a reasonable time and in writing, the Skelly Officer shall respond to the City, with a copy to the employee and the employee's representative, if applicable. The Skelly Officer may recommend that the City dismiss, modify, or sustain the proposed discipline.
lf the proposed discipline is sustained or modified by the City after the Skelly Meeting, the disciplinary action shall be implemented. A Final Notice of Disciplinary Action shall be served in the same manner as the Preliminary Notice of Disciplinary Action, except that the Final Notice of Disciplinary Action shall include a statement advising the employee of the right to appeal the action, the manner and time in which the appeal must be made, the

4

08/22/2023 Item No.13.

FPMA Memorandum of Understanding
2116123 to 12131125
required content of the appeal, and the name and address of the person to whom allwritten communication regarding the appeal shall be sent.

H. Aooeal ofD linarv Action:
1 Within ten (10) work days after receipt of the Final Notice of Disciplinary Action, disciplinary actions may be appealed to arbitration. Notice of the appeal must be filed with the Human Resources Director. lf the employee fails to file a notice of appeal within this time period, the disciplinary action shall become final and there shall be no further appeal.

2. The decision of the arbitrator shall be final and binding on the parties. No appeal or review of the arbitrator's decision by Writ or other mechanism before any court, administrative tribunal or any other forum on any legal theory or basis shall be possible.

3. Appeals of disciplinary actions to arbitration shall be pursuant to Article Xl (Grievance Procedure) of this Agreement, except that on disciplinary appeals:

An appeal of a disciplinary action is a complaint of a permanent employee of whether there was cause for the disciplinary action taken against the employee.

The parties to the discipline hearing and to the selection of the arbitrator shall be the employee, who may be represented by FPMA, self-represented, or independent counsel, and the City who may be represented by the Human Resources Department or counsel.

The employee shall be entitled to appear personally at the hearing and produce evidence.

The fees and expenses of the arbitrator, a court reporter and transcript if required by the arbitrator, shall be shared equally by the parties.

ARTICLE XIII - LAYOFF
A. Lavoff
a.
b
c.
d.

When it becomes necessary due to lack of work, lack of funds, or in the interest of economy, to reduce the number of employees in the Police Management bargaining unit, the order in which employees will be laid off within each class affected by the layoff shall be based on seniority as provided in subsection C.

08/22/2023 Item No.13.

FPMA Memorandum of Understanding
2116123 to 12131125

1. Area of Layoff:

The City shall determine the area(s) and positions in which layoffs may occur, including the identification of the division, work unit, class, and specific position. When a list of the affected areas and/or positions has been prepared, the City will give notice to FPMA prior to implementation of the layoff, and upon request, shall meet with FPMA in good faith regarding the impact of the layoff. Unless agreed otherwise, the following layoff procedure shall be followed:

Employees holding temporary, seasonal, part-time, probationary, or provisional appointments in the class shall be laid off first. Employees serving in a regular parttime position shall be laid off second.

Employees who have completed probation (i e. permanent
employees) shall be laid off last. Employees off work on approved leave (workers compensation, disability leave, etc.) who are identified for layoff shall be laid off in the same manner as if the employee was on active duty.

Should it become necessary to lay off permanent employees, the employees laid off shall be those with the least service credit within the identified classifications in the department. f two (2) or more employees in this circumstance possess essentially the same amount of service credit, the Police department shall determine which person shall be laid off.

2. Seniority Defined:

Seniority shall be defined by the date of the most recent appointment to the classification. Time served as a probationary employee in the class shall be included in determining seniority.

3. Notification
Employees to be laid off shall be given final written notification by the City of such action. Whenever possible, such notification shall be given a minimum of thirty (30) calendar days prior to the effective date of the layoff. At its discretion, the City may also issue preliminary written layoff notices.

4. Right to Demote:

Any employee who is scheduled for layoff shall have a right to demote to a class in which the employee formerly held permanent status. Any employee

a
b

08/22/2023 Item No.13.

FPMA Memorandum of Understanding
2116123to 12131125
scheduled for layoff in a class outside the bargaining unit shall bump into a class in the bargaining unit if they formerly held permanent status in that class. lf there is no authorized position in the class to which the employee would othenryise have a right to demote, then the employee shall be laid off from employment.

The right to demote shall be implemented as follows:
a. lf there is only one other lower salaried class in which the employee formerly held permanent status, the employee shall be demoted to that class. lf there is no vacancy in that class and the demoting employee has less seniority than all other employees in that class, the demoting employee shall be laid off from that class and from employment.
lf there are two or more lower salaried classes in which the employee formerly held permanent status, the employee shall be demoted to that class in which the employee formerly held permanent status which has the highest salary. lf there is no vacancy in that class, and the demoting employee has less seniority than all other employees in that class, the above process shall continue until the demoting employee either reaches a class in which the employee formerly held permanent status in which there is a vacancy or in which the employee is not the least senior employee in that class, or the employee is laid off from employment.
c. An employee who is least senior in a class in which there is no vacancy and to which an employee demotes from a higher class shall be laid off from that class, and shall have the same right to demote as does any other employee who is laid off.

An employee demoted under this procedure shall be deemed to have exercised the employee's right to demote and to have accepted each demotion, subject to the employee's right to resign from employment.

An employee who is demoted from a class in which the employee holds permanent status shall be deemed for all purposes to have been laid off from each class from which the employee subsequently demotes or is displaced, including classes which the employee passes through because of the absence of a vacancy and insufficient seniority to occupy a position.
b
d
e

5. Reemployment:

08/22/2023 Item No.13.

FPMA Memorandum of Understanding
2116123 to 12131125
7 A.
6 The names of employees laid off in accordance with provisions of this section shall be placed on a reemployment list. Names shall be placed on a reemployment list by classification in order of seniority. A reemployment list will be used to fill vacancies in the classification before any other eligible list that exists for that classification. ln the event that a person on layoff declines reemployment to a vacant position in the classification from which the employee was laid off, or cannot be contacted through telephone and certified mail within fifteen (15) working days, such person's name shall be removed from the reemployment list.

A reemployment list will remain in effect for two (2) years unless specifically extended, or sooner if exhausted. Upon reinstatement an employee will be eligible for all benefits acquired by the employee prior to the layoff, including prior Annual Leave accrual rates, health benefits provided in the current FPMA Memorandum of Understanding, retirement tier (as permitted by PERS law) and seniority. An employee shall not receive credit for time spent on layoff in computing time for any benefit entitlement. Rehire shall be subject to successful completion of pertinent psychological, medical, polygraph, and background investigations.

Appeals:
lnterpretations of the provisions of this section may be appealed through the grievance procedure (Article Xl) of this Agreement. Such grievances must be filed within five (5) workdays of finalwritten notification of the proposed layoff.

For the purpose of appealing interpretations of this section, grievances shall be filed directly with the City Manager (Step 3 of the grievance procedure).

The filing of a grievance shall not prevent the City from implementing the layoff. The reasons or necessity for the layoff shall not be subject to the grievance procedure or appeal.

Nothing in this section shall delay or limit the City's right to lay off employees.

ARTICLE XIV _ TERM AND SIGNATURN CLAUSE
Term of Aqreement:

This Memorandum of Understanding incorporates allmodifications regarding wages, hours, and other terms and conditions of employment. This Memorandum of Understanding shall be effective as of February 16, 2023, and shall expire December 31,2025. Should either party desire to commence the meet and confer process for the next subsequent Memorandum of Understanding, that party shall notify the other in writing no earlier than one hundred twenty (120) calendar days

08/22/2023 Item No.13.

FPMA Memorandum of Understanding
2116123to 12131125
prior to the expiration date of the existing Memorandum of Understanding, and the meet and confer process shall begin no later than ninety (90) calendar days prior to the expiration date of this Agreement.

08/22/2023 Item No.13.

FPMA Memorandum of Understanding
2116123 to 12131125
B. Sionature Clause:

The terms and conditions of this Memorandum of Understanding are executed this _ day of 2023 by the em ployer-em ployee
representatives whose signatures appear below on behalf of their respective organizations.

CITY OF FOLSOM FOLSOM POLICE MANAGEMENT

ASSOCIATION
Elaine Andersen
City Manager
Allison Garcia
Human Resou rces Director
John Spittler
Human Resources Advisor
Doris Phillips
Sr. Management Analyst, HR
Rick Hillman
Chief of Police
Andrew Bates
FPMA Representative
Chris Emery
FPMA Representative
Jake Verhalen
FPMA Representative

08/22/2023 Item No.13.

FPMA Memorandum of Understanding
2116123lo 12131125
89A
ATTACHMENT A. SALARY RANGES
1 2 3 4 5
Ett 2t16t23 $
Lieutenant Eff 111124 $
Ett 1t1t25 $
910
151,393 $
155,934 $
160,612 $
1 158,962 $
163,731 $
168,643 $
2 166,910
171,918
177,075
3 $ 175,256 $
$ 180,513 $
$ 185,929 $
4 184,019
189,539
195,225
5 Eff 2t16t23 $
Gommander Eff 111124 $
Etf 1t1t25 $
170,455 $
175,568 $
180,836 $
178,978 $
184,347 $
189,877 $
187,926 $
193,564 $
199,371 $
197,323
203,242
209,340
$ 207,189
$ 213,405
$ 219,807

08/22/2023 Item No.13.

FPMA Memorandum of Understanding
2116123to 12131125

ATTACHMENT B - SETTLEMENT AGREEMENT AND GENERAL RELEASE

08/22/2023 Item No.13.

AMENDMENT NO. 1
TO

SETTLEMENT AGREEMENT AND GENERAL RELEASE
The Settlement Agreement and General Release between Andrew Bates, Brian Lockhart, Louis Wright, Aaron Zelaya, and David Canepa (collectively "Appellants'), City of Folsom Police Department Middle Management Empioyees ("CFPDMME"), and the City of Folsom ("City"), attached hereto as Exhibit 2, is amended as set forth on Exhibit l. A clean copy of the Amended Settlement Agreement and General Release is attached hereto as Exhibit 3. Exhibit l, Exhibit 2, and Exhibit 3 are attached hereto and incorporated herein. Except as amended herein, all other provisions of the Settlement Agreement and General Release remain in full force and effect,
IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed.

APPELLANTS
Bates
Date: zl.qlzl
Date: e
oate: oztplzo?3
Date: E llHl zs
APPROVED AS TO FORM:

Date z3
Settlement Agreement and General Release
AmendmentNo. 1
Business Representative
By:

By'
By:

By:

By:

David
,

CFPDMME
By:

By:

08/22/2023 Item No.13.

CITY OF FOLSOM
Date t5 vt1
b ty w
5 27Date \5
APPROVED AS TO FORM:

Date:
g
Settlement Agreement and General Release
AmendmentNo. 1
By:

By
By:

Elaine Andersen
City Manager
Finance Director
Allison
Human Resources Director
Attorney
C

08/22/2023 Item No.13.

I
EXHIBIT 1
AMENDMENT NO. 1 TO SETTLEMENT AGREEMENT AND GENERAL RELEASE Section 2(BXiXb) is hereby deleted from the Settlement Agreement and General Release.

Section 2(BXi) shall read as follows:

B. The City agrees to:
i. Create a new salary range for all lieutenants. The new range will have eight (8) steps, with the base salary for each step reflected in the document attached hereto as Exhibit 1. a. This new range will be effective the first pay period following execution of this Agreement.
b.- This new range rntr$ fimt be apFreved by Gity esnneil; se pa,yrnent will net eeet$ will be retre,aetive te the first pa-y -eried follewing et(eeutien €f this Agreernent' Section 2(BXiv)(a) is hereby deleted from the Settlement Agreement and General Release' Section 2(B)(iv) shall read as follows:

B. The City agrees to:
iv. provide Law Enforcement Retention Pay to all members of CFPDMME as described in section 2(CXiiD below.
-
will be retroaetive to the first Fey peried fellewing the empleyee's t€n tear @
Section 2(EXi) is hereby deleted from the Settlement Agreement and General Release. Section 2(E) shall read as follows:

CFPDMME agrees to:
i.
@ IntentionallY omitted'
ii. Support adoption of the Educational lncentive Pay, POST Management Certificate Pay, *aiu* Enforcement Retention Pay amounts and language listed above in the forthcoming MOU when it is presented to the City Council for approval Settlement Agreement and General Release
AmendmentNo. I

2. J
E.

08/22/2023 Item No.13.
iii. Consider the City's agreement to provide Law Enforcement Retention Pay to all members of CFPDMME as described in section 2(Cxiii) above as a concession by the City in negotiations over the terms of the forthcoming MOU' Settlement Agteement and General Release
AmendmentNo. I

08/22/2023 Item No.13.

EXHIBIT 2

SETTLEMENT AGREEMENT AND GENERAL RELEASE
Settlement Agreement and General Release
Amendment No. 1

08/22/2023 Item No.13.

SETTLEMENTAGREEMENTANI,GENERALRELEASE
This Settlement Agreement and Release is entered into by and is made between Andrew Bates, Brian Lockhart, fouis Wright, Aaron Zelaya,and David Canepa (collectively ..Appellants"), city of Folsom Police Department Middle Management Employees ("CFPDMME ), and the City of Folsom (*City')'

RECITALS
L On July ll,z}zz,Appellants presented an Appeal to the city for its consideration pursuant to City of Fotro* Personnel Rules and Regulations Chapter 3.01, alleging that Appellants were improperly placed into a new salary range in violation of a prior promise to employees,located in Article V, Section E, of the operative Memorandum of Understanding-betrreen the Folsom Potice Officers' Association C'FPOA") and the City (,.the Appeil"y. The Appeal requested that each Appellant be placed in the old salary ,*g" r"ith incentive pay granted to others in that range and that the change be retroactive to each Appellant's promotion date'

11. The City denied the Appeal, maintaining that it had the authority to create the new salary range and apply it to Appellants as unrepresented employees and that the FpOA frAdU ao"s ttoi apply to lieutenants. The City also maintains that the Appeal was untimelY.
ru. In order to avoid the uncertainty associated with the appeal, Appellants and the City have met and agreed to final1y settle the clairns asserted in the Appeal under the terms of this Agreement.

AGREEMENT
l. Recitals - The recitals set forth above are true and correct and are hereby fully incorporated by reference into this Agreement'

2. Settlement Terms -
A. Appellants agree to:
i. Withdraw the Appeal with prejudice and waive the right to arbitrate, litigate, and/or ptoceea with an appeal hearing or any other type of hearing or appeal with iespect to the issues raised in the instant Appeal, regardless of forum. Appellants' execution of this Agreement shall constitute a formal withdrawal of the APPeal'
ii. Appellants understand and agree that the new salary range described below applies to all lieutenants, regardless of promotion date.

08/22/2023 Item No.13.
ltt.
lv
Appellants understand and agree that a bachelor's degree is required for *i-CppOUME positions and, as such, educational incentive pay is not available for possession ofthat degree'
Appellants understand and agree that a POST Supewisory Certificate is requirea for all CFPDMME positions and as such, incentive pay is not available for possession of that certificate'
Appellants understand and agree that any of them currently receiving fongevity Pay will have their benefit converted to Law Enforcement RetJntion Pay consistent with the formula and other terms described in seotion 2(Cxiii) below. Members of CFPDMME do not receive both Longevity Pay and Law Enforcement Retention Pay'
v
B. The CitY agrees to:
i. create a new salary lange for all lieutenants. The new range will have eight (8) steps, with the base salary for each step reflected in the document attached hereto as Exhibit 1'
a. This new mnge will be effective the first pay period following execution of this Agreement'
b. This new range must first be approved by City Cormcil, so paymentwillnotoccuruntilthatapprovalisreceived;however, upon council approval, the new base salary will be retroactive to the first pay period following execution of this Agreement. ii. continue paying $400 per month as educational incentive pay for all members of CnpOUVfn hired before 7llll0 who have a master's degree, as described in section 2(CXi) below'
iii. pay $425per month as an incentive to lieutenants in possession of a valid POST Management Certificate, as described in section 2(CXii) below. a, This new incentive pay will be effective upon ratification of a Memorandum of understanding between GFPDMME and the city.

Provide Law Enforcement Retention Pay to all members of CFPDMME as described in section 2(Cxiii) below'
a. For any employee not currently receiving longevity pay or Law Enforcement Retention Pay, this benefit must first be approved by 2 lv.

08/22/2023 Item No.13.
city council, so payment will not occur until that approval is reclived; however, upon Council approval, the benefit will be retroactive to the first pay period following the employee's ten Year anniversary with the CitY-
v. Make a one-time payment to Appellants as described in section 2(D) below.

C. The parties understand and agree that the following language will be included in a future Memorandum of Understanding between CFPDMME and the City of Folsom and that the payment amounts listed in this Agreement will be the exclusive "o*p"rrruiiott
for educational incentive pay, POST certificate pay, and Longevity/Law Enforcement Retention Pay, respectively, during the Term of the ro.tt "oming
Mou. However, this does not preclude the parties' ability to negotiate and agree to base salary and other pay not listed in this paragraph, as a part of the MOU:
i. Educational Incentivelay: Employees hired before July 1,2010, who are i' porr"ffi1 of u *aster's of arts/master's of science degree shall receive an incentive of $400 per month. Degrees shall be rolated to the field of law enforcement or public administration as approved by the Chief of Police. Employees hired on or after July 1, 2010 shall not qualiff for an incentive for a master's of arts/master's of science degree. ii. PosT Management certifrcate Pay: The parties agree that a PosT S"p"rvisory Certificate is required for all CFPDMME positions; that a pOST Management Certificate is optional but prefened for lieutenants; and that a pOST Management Certificate is repuired for commanders.

Lieutenants who are in possession of a valid POST Management Certificate shail receive an incentive of $425 per month. iii. Loneevitv/ Law Entbrcement Retention Pay:
a. Subject to all of the provisions of this subsection 2(cxiii), the city will pay employees represented by CFPDMME a Law
Enforcement Retention Pay differential based on the following formula. The Law Enforcement Retention Pay increments will be paid on a monthlY basis.

After 10 years of continuous full-time City service
After 15 years of continuous full-time City service
After 20 years of continuous full-time City service
Additional
Additional
2%%
2 Yz%
2%%
3

08/22/2023 Item No.13.
b. Law Enforcement Retention Pay shall not exceed a total of 7 Yzo/o per month for an employee with trventy or more years of fuIl-time City service-
c. Notwithstanding subsection a above, for the period beginning July 1, 2010, and ending June 30, 20ll,employee advancement from one pay increment to the next increment shown above was frozen.

Employees who would normally have advanced to a higher
increment during this period advanced to the next higher increment twelve (12) months from their anniversary date and did not receive any retroactive payment. The elapsed time period between July l, 2010 and Jtme 30, 2011 shall not be counted for any futrne advancement-
d. Law Enforcement Retention Pay shall be deerned longevity pay and reported to calPERS as special compensation pursuant to C.C.R. section 571.

D. The parties understand and agree that the following language will be included in a future Memorandum of Understanding between CFPDMME and the City of Folsom:

Effective the first frrll pay period after ratification and approval of the Memorandum of Understanding betweenthe City of Folsom and CFPDMME, but no later than July l, 2023,the City shall provide a one- time, non-PERSable, lump sum payment to certain employees in CFPDMME as follows:
a. 5.3% of their base salary under the 89A salary range on lll23l22,for anyone promoted to lieutenant between
tl I l9l 19 and l2l3l l2l ; and
b. l% oftheir base salary under the 89A salary range on lll23l22, for anyone promoted to lieutenant between
llll22 and9l30l22.

E. CFPDMME agrees to:
i. Support adoption of the new salary range shown in Exhibit 1 when it is presented to City Council for approval.
4

08/22/2023 Item No.13.
ii. Support adoption of the Educational Incentive Pay, POST Management Certificate Pay, and Law Enforcement Retention Pay amounts and language listed above in the forthcoming MOU when it is presented to the City Council for aPProval.
iii. Consider the City's agreement to provide Law Enforcement Retention Pay to all members of CFPDMME as described in section 2(Cxiii) above as a concession by the City in negotiations over the terms of the forthcoming MOU.

F. CFPDMME understands and agtees that the new salary range, as shown on Exhibit l, will be used as the existing base salary for each lieutenant for purposes of negotiation on the forthcoming MOU'
G. Appellants, and each of them, and CFPDMME on behalf of its members, agree to waive any grievance, appeal, unfair labor practice charge, or claims of any kind related to or arising out of the Appeal or this Agreement, with the exception of any claims related to enforcement of this Agreement'

3. No Admission of Liabiliw - Appellants, CFPDMME, and the City each acknowledge and ugro tttut tt"iit "r ttt. execution of this Agreement nor the performance of any of the settlement terms in fistherance of this Agreement shall constitute an admission of liability, fault, wrongdoing, or responsibility by the city, Appellants, or GFPDMME'

4. No presedent - This Agreement does not establish a precedent, nor does it interpret any of the language of any MOU, the City of Folsom Personnel Rules and Regulations, or any applicable policies or procedures of the City of Folsom'

5. Release of Claims -
A. Appellants, on behalf of themselves and their respective heirs, representatives, executors, agents, attorneys, administrators, successors in interest and assigns, irrevocably and unconditionally release and discharge the City and its employees, officers, ripresentatives, agents, attorneys, successors in interest and assigns (.Releasees") from any and all lawsuits, claims, actions, demands, liabilities, or other legal responsibilities of any kind which they each have, or may have, against Releasees, which were asserted in the Appeal or which arise out of the same facts and circumstances as those set forth in the Appeal.

B. CFPDMME, on behalf of itself and its members, representatives, executors, agents, attorneys, administrators, successors in interest and assigns, irrevocably and unconditionally releases and discharges the City and its employees, officerso representatives, agents, attorneys, successors in interest and assigns ("Releasees") 5

08/22/2023 Item No.13.
from any and all lawsuits, claims, actions, demands,liabilities, or other legal responsibilities of any kind which they each have, or may have, against Releasees, which were asserted in the Appeal or which arise out of the same facts and circumstances as those set forth in the Appeal'

6. 1542 Waiver- Appellants and CFPDMME, and each of them, acknowledge that (a) they r"uy tt.r""te, discover facts in addition to, or different from, those which they now know or believe to be true with respect to the matters that are the subject of this Agreement; and (b) they may have sustained, or may yet sustain, damages, costso or expenses that are presently unknown and that relate to the matters that are the subject of this Agreement' Appellants and CFPDMME, and each of them, waive any and all rights which they may have under any state or federal statue or common law principle that would otherwise limit the effect of this Agreement to claims known or suspected at the date on which the parties hereto execute this Agreement. By signing this Agreement, Appellants and CFPDMME, and each of them, represent that they have read and understand and specifically waive the effect and protections of section 1542 of the Califomia Civil Code, which provides that:
,oA general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor"'
Appellants and CFPDMME, and each of them, understand and acknowiedge the ,iinifrr*." and consequences of this Release and of the specific waiver of Civil Code section l54Z,andexpressly consent that this Release shall be given full force and effect as to all claims, whether known or unknown'
7, Attomev's Fees and Costs - The parties shall each bear their own costs, expenses, and attorney's fees for this matter'
g. K.nowledee of the parties - Appellants, CFPDMME, and the City each understand and ugr"" to tft. termsof this Agreement and enter into this Agreement knowingly and volnntarily, Appellants, CFPDMME, and the City have each had the opportunity to consult with counsel and each have consulted with counsel of their own choice.

Appellants, CFpDMME, and the City have each investigated the facts pertaining to settlement of the Appeal and this Agreement and all matters pertaining thereto as deemed necessary by each of them respectively. The Parties have relied upon their own judgment, belief, knowledge, urderstanding, and expertise after consultation with counsel "on"e*ittg
the legal effect of this settlement and its terms. By signing this document, Appellants, CFpfMME, and the City each signiff their respective full understanding, agreement, and acceptance of the Agreement. This Agreement is executed voluntarily and without duress or undue influence on the part of or on behalf of any person or entity. 6

08/22/2023 Item No.13.
g. Entire Agree$enuMerger - Appellants, GFPDMME, and the city each understand and .gr"" tlrt tht- Agreement contains the entire agreement of the parties with respect to the matters state herein and shall constitute the final trnderstanding between Appellants, CFPDMME, and the city with respect thereto. Appellants, CFPDMME, and the city each understand and agree that no promise, inducernent, or agreement not expressed herein has been made Io any of them by any of them or by anyone else. The terms of this Agreement are conffactual and are not amere recital- Any and all prior or contemporaneous negotiations, agreements, understandings, or representations, written or oral, relarding the nr-atters contained in this Agreement are merged herein and extinguished.

10. Amendments - Appellants, CFPDMME, and the City each understand and agree that this Agr**"rt *uy t" u*"nded only by a written instrument executed by Appellants, CFPDMME, and the CitY.

11. Authority to Execute - Appellants, GFPDMME, and the city each warrant to the others th"t th"y h*i tfr. ntff p*r and authority to execute, deliver, and perform under this Ageement and that any needed consent or apptoval from any other person has been obtained, except as otherwise stated in this Agreement'

12. lnterpretation - This Agreement shall be deemed to have been drafted equally by App.ttr"trJFpDMME, and the City and shall not be interpreted for or against Appellants, CFPDMME, or the City on the ground that any of them drafted it'

13. Govemine, Law - Appellants, CFPDMME, and the City each understand and agree that this Agreement shali be govemed by and construed in accordance with the laws of the State of Caiifomia.

14. Coqntemarts - This Agreement may be executed in counterparts. The execution of a signat*re page of this Agreement shall constitute the execution of the Agreement and the ^Lire.m"nt rt
"tt
t" binding upon each party upon that party's signatwe upon such a counterPart.

END OF TEXT - SIGNATURE PAGE FOLLOWS
7

08/22/2023 Item No.13.

Appellants, CFPDMME, and the city, and each of them, have read this Agreement and fully runderstand it. IN WITNESS WHEREOF, the Parties hereto have executed this Agreement:

APPELLANTS
Date: / 5 By:

AndrewBates
Date: { 'I\'L'|
Date: t-24/ l/'
Datet alzrJ2,o2s'
By

CFPDMME
By
w
Da Canepa
Business Representative
Date: r \z.tlzt
By:

By:

By:

Oate: /-2ct:26

APPROVED AS TO FORM
[', q'rg ByDate:

CITY OF X'OLSOM
1,,
Elaine Andersen
City Manager
8 Date: t L5 By

08/22/2023 Item No.13.

Date
APPROVED AS TO FORM:

Date: ,p6ws
By:

By:

Finance Directot
Huuran Resoutces DirEctor
Wang
City Attomey t
9

08/22/2023 Item No.13.

Exhibit 1
New salary range for all Lieutenants
Step
Amount t49643
4 r6L452
5 155592
L 23
1s3480 L574r5
67 L69838 174t92
8 178659

08/22/2023 Item No.13.

EXHIBIT 3

AMENDED SETTLEMENT AGREEMENT AND GENERAL RELEASE
Settlement Agreement and General Release
AmendmentNo. I

08/22/2023 Item No.13.

SETTLEMENT AGREEMENT AND GENERAL RELEASE
This Settlement Agreement and Release is entered into by and is made between Andrew Bates, Brian Lockhart, Louis Wright, Aaron Zelaya, and David Canepa (collectively "Appellants"), ClF of Folsom Police Department Middle Management Employees ("CFPDMME"), and the City of Folsom (*City").

RECITALS
On July l9,zlzz,Appellants presented an Appeal to the City for its consideration pursuant to City of Folsom Personnel Rules and Regulations Chapter 3.01, alleging that Appellants were improper$ placed into a new salary range in violation of a prior promise to employees, located in Article V, Section E, of the operative Memorandum of Understanding between the Folsom Police Officers' Association ("FPOA") and the City ("the Appeal"). The Appeal requested that each Appellant be placed in the old salary range with incentive pay granted to others in that range and that the change be retroactive to each Appellant's promotion date.

The City denied the Appeal, maintaining that it had the authority to create the new salary range and apply it to Appellants as unrepresented employees and that the FPOA MOU does not apply to lieutenants. The City also maintains that the Appeal was untimely.
ru In order to avoid the uncertainty associated with the appeal, Appellants and the City have met and agreed to finally settle the claims asserted in the Appeal under the terms of this Agreement.

AGREEMENT

1. Recitals - The recitals set forth above are true and correct and are hereby fully incorporated by reference into this Agreement.

2. Settlement Terms -
A. Appellants agree to:

Withdraw the Appeal with prejudice and waive the right to arbitrate, litigate, and/or proceed with an appeal hearing or any other type of hearing or appeal with respect to the issues raised in the instant Appeal, regardless of forum. Appellants' execution of this Agreement shall constitute a formal withdrawal of the Appeal.

Appellants understand and agree that the new salary range described below applies to all lieutenants, regardless of promotion date.

I.

II
l.
lI,

08/22/2023 Item No.13.
ll1
lv.

Appellants understand and agree that a bachelor's degree is required for all GFPDMME positions and,. as such, educational incentive pay is not available for possession ofthat degree.

Appellants understand and agree that a POST Supervisory Certificate is required for all QFPDMME positions and, as such, incentive pay is not available for possession ofthat certificate.

Appellants understand and agree that any of them currently receiving Longevity Pay will have their benefit converted to Law Enforcement Retention Pay consistent with the formula and other terms described in section z(Cxiii) below. Members of CFPDMME do not receive both Longevity Pay and Law Enforcement Retention Pay.

B. The City agrees to:
create a new salary range for all lieutenants. The new range will have eight (S) steps, with the base salary for each step reflected in the document attached hereto as Exhibit 1.
a. This new range will be effective the first pay period following execution of this Agreement.

Continue paying $400 per month as educational incentive pay for all members of CFPDMME hired before 7ltll} who have a master's degree, as described in section 2(CXi) belo*.

Pay $425 per month as an incentive to lieutenants in possession of a valid POST Management Certificate, as described in section 2(CXiD below' a. This new incentive pay will be effective upon ratification of a Memorandum of Understanding between CFPDMME and the City.

Provide Law Enforcement Retention Pay to all members of CFPDMME as described in section 2(Cxiii) below'
v Make a one-time payment to Appellants as described in section 2(D) below.

C. The parties understand and agree that the following language will be included in a future Memorandum of Understanding between CFPDMME and the City of Folsom and that the payment amounts listed in this Agreement will be the exclusive compensation for educational incentive pay, POST certificate pay, and l.
ll
llr.
iv
2

08/22/2023 Item No.13.

Longevity/Law Enforcement Retention Pay, respectively, during the Term of the forthcoming MOU. However, this does not preclude the parties' ability to negotiate and agree to base salary and other pay not listed in this paragraph, as a part of the MOU:
i. Educational Incentive Pay: Employees hired before July 1, 2010, who are in possession of a master's of arts/master's of science degree shall receive an incentive of $400 per month. Degrees shall be related to the field of law enforcement or public administration as approved by the Chief of Police. Employees hired on or after July 1, 2010 shall not qualiff for an incentive for amaster's of arts/master's of science degree. ii. POST Manaeement Certificate Pav: The parties agree that a POST Supervisory Certificate is required for all CFPDMME positions; that a POST Management Certificate is optional but preferred for lieutenants; and that a PosT Management Certificate is required for commanders.

Lieutenants who are in possession of a valid POST Management Certificate shall receive an incentive of $425 per month. iii. Loneevity/ Law Enforcement Retention Pay:
a. Subject to all of the provisions of this subsection 2(Cxiii), the City will pay employees represented by CFPDMME a Law
Enforcement Retention Pay differential based on the following formula. The Law Enforcement Retention Pay increments will be paid on a monthly basis.

Additional
Additional
2%%
2 Yzo/o
2 Yr%
After 10 years of continuous full+ime City service
After 15 years of continuous fulldme City service
After 20 years of continuous full-time City service
b. Law Enforcement Retention Pay shall not exceed a total of 7 %Yo per month for an employee with twenty or more years of full-time City service.
c. Notwithstanding subsection a above, for the period beginning July I,20lA, and ending June 30, 201t, employee advancement from one pay increment to the next increment shown above was frozen' Employees who would normally have advanced to a higher
increment during this period advanced to the next higher increment twelve (12) months from their anniversary date and did not receive 3

08/22/2023 Item No.13.
any retroactive payment. The elapsed time period between July 1, 2010 and June 30, 2011 shall not be counted for any future advancement.
d. Law Enforcement Retention Pay shall be deemed longevity pay and reported to CaIPERS as special compensation pursuant to C.C.R. section 571.

D. The parties understand and agree that the following language will be included in a future Memorandum of Understanding between CFPDMME and the City of Folsom:
i. Effective the first full pay period after ratification and approval of the Memorandum of Understanding between the City of Folsom and CFPDMME, but no later than July 1, 2023,the city shall provide a one- time, non-PERSable,lump sum payment to certain employees in CFPDMME as follows:
a. 5.3% oftheir base salary under the 89A salary range on 11123122, for anyone promoted to lieutenant between
ll I 19 / 19 and 12131 121 ; and
b. 1% oftheir base salary under the 89A salary range on 1l/23/22, for anyone promoted to lieutenant between
7ll/22 and9130/22.

E. CFPDMME agrees to:
i. Intentionally omiued.
ii. Support adoption of the Educational Incentive Pay, POST Management Certificate Pay, and Law Enforcement Retention Pay amounts and language listed above in the forthcoming MOU when it is presented to the City Council for aPProval.
iii. Consider the City's agreement to provide Law Enforcement Retention Pay to all members of CFPDMME as described in section 2(Cxiii) above as a concession by the City in negotiations over the terms of the forthcoming MOU.

F. CFPDMME understands and agrees that the new salary range' as shown on Exhibit 1, will be used as the existing base salary for each lieutenant for purposes of negotiation on the forthcoming MOU.
4

08/22/2023 Item No.13.

G. Appellants, and each of them, and CFPDMME on behalf of its members, agree to waive any grievance, appeal, unfair labor practice charge, or claims of any kind related to or arising out of the Appeal or this Agreement, with the exception of any claims related to enforcement of this Agreement.

3. No Admission of Liability - Appellants, CFPDMME, and the City each acknowledge and agree that neither the execution of this Agreement nor the performance of any of the settlement terms in furtherance of this Agreement shall constitute an admission of liability, fault, wrongdoing, or responsibility by the City, Appellants, or CFPDMME.

4. No Prec.edent - This Agreement does not establish a precedent, nor does it interpret any of the language of any MOU, the City of Folsom Personnel Rules and Regulations, or any applicable policies orprocedures ofthe City of Folsom'

5. Release of Claims -
A. Appellants, on behalf of themselves and their respective heirs, representatives, executors, agents, attorneys, administrators, successors in interest and assigns, irrevocably and unconditionally release and discharge the City and its employees, officers, representatives, agents, attorneys, successors in interest and assigns (o'Releasees") from any and all lawsuitso claims, actions, demands, liabilities, or other legal responsibilities of any kind which they each have, or may have, against Releasees, which were asserted in the Appeal or which arise out of the same facts and ckcumstances as those set forth in the Appeal' B. CFPDMME, on behalf of itself and its members, representatives, executors, agents, attorneys, administrators, successors in interest and assigns, irrevocably and unconditionally releases and discharges the City and its employees, officers, representatives, agents, attorneys, successors in interest and assigns ("Releasees") from any and all lawsuits, claims, actions, demands, liabilities, or other legal responsibilities of any kind which they each have, or may have, against Releasees, which were asserted in the Appeal or which arise out of the same facts and circumstances as those set forth in the Appeal'

6. 1542 Waiver - Appellants and CFPDMME, and each of them, acknowledge that (a) they may hereafter discover facts in addition to, or different from, those which they now know or believe to be ffue with respect to the matters that are the subject of this Agreement; and (b) they may have sustained, or may yet sustain, damages, costs, or expenses that are presently unknown and that relate to the matters that are the subject of this Agreement.

Appellants and CFPDMME, and each of them, waive any and all rights which they may have under any state or federal statue or common law principle that would otherwise limit the effect of this Agreement to claims known or suspected at the date on which the parties 5

08/22/2023 Item No.13.
7 8
hereto execute this Agreement. By signing this Agreement, Appellants and CFPDMME, and each of them, represent that they have read and understand and specifically waive the effect and protections of section1542 of the Califomia Civil Code, which provides that:
,.A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor."
Appellants and CFPDMME, and each of them, understand and acknowledge the significance and consequences of this Release and of the specific waiver of Civil Code

5..tion 1542, andexpressly consent that this Release shall be given full force and effect as to all claims, whether known or unknown.

Attomey's Fees and Costs - Ths parties shall each bear their own costs, expenses, and attorney's fees for this matter.

Knowledee of the Parties - Appellants, CFPDMME, and the City each understand and agree to the terms of this Agreement and enter into this Agreement knowingly and voluntarily. Appellants, CFPDMME, and the City have each had the opportunity to consult with counsel and each have consulted with counsel of their own choice.

Appellants, CFPDMME, and the City have each investigated the facts pertaining to settlement of the Appeal and this Agreement and all matters pertaining thereto as deemed necessary by each of them respectively. The Parties have relied upon their own judgment, belief, knowledge, understanding, and expertise after consultation with counsel concerning the legal effect of this settlement and its terms. By signing this document, Appellants, CFpDMME, and the City each signifu their respective full understanding, agriement, and acceptance of the Agreement. This Agreement is executed voluntarily and without duress or undue influence on the part of or on behalf of any person or entity. g. Entire Aereement/Merger - Appellants, CFPDMME, and the City each understand and agree that this Agreement contains the entire agreement of the parties with respect to the matters state herein and shall constitute the final understanding between Appellants, CFpDMME, and the City with respect thereto. Appellants, CFPDMME, and the City each understand and agree that no promise, inducement, or agreement not expressed herein has been made to any of them by any of them or by anyone else. The terms of this Agreement are contractual and are not a mere recital. Any and all prior or contemporaneous negotiations, agreements, understandings, or representations, written or oral, regarding the matters contained in this Agreement are merged herein and extinguished.

10. Amendments - Appellants, CFPDMME, and the City each understand and agree that this Agreement may be amended only by a written instrument executed by Appellants, CFPDMME, and the CitY.
6

08/22/2023 Item No.13.

11. Authoritv to Execute - Appellants, CFPDMME, and the City each warrant to the others that they have the full power and authority to execute, deliver, and perform under this Agreement and that any needed consent or approval from any other person has been obtained, except as otherwise stated in this Agreement.

12. Interpretation - This Agreement shall be deemed to have been drafted equally by Appellants, CFPDMME, and the City and shall not be interpreted for or against Appellants, CFPDMME, orthe City on the ground that any of them drafted it.

13. Goveming Law - Appellants, CFPDMME, and the City each understand and agtee that this Agreement shall be governed by and consffued in accordance with the laws of the State of California.

14. Cowrtenrarts - This Agreement may be executed in counterparts. The execution of a signature page of this Agreement shall constitute the execution of the Agreement and the Agreement shail be binding upon each party upon that party's signature upon such a counterpart.

END OF TEXT - SIC'I{ATURE PAGE FOLLOWS
7

08/22/2023 Item No.13.

This page intenti.ono.lly Ieft blank
to focilitate double- sided printing .

FOLS()1r{

CITY OF

DISTINCTIVE BY NATURE

08/22/2023 Item No.13.

Folsom City Council
Staff R ort
MEETING DATE: 812212023
AGENDA SECTION: Public Hearing
SUBJECT: Resolution No. 1 1094 - A Resolution Amending Resolution No. 10418 and Adopting an Updated Fee Schedule for the Ambulance Cost Recovery Program Provided by the Fire Department
FROM: Fire Department
RECO TION i CITY COUN ACTION
The Fire Department recommends that the City Council pass and adopt ResolutionNo. 11094 - A Resolution Amending Resolution No. 10418 and Adopting an Updated Fee Schedule for the Ambulance Cost Recovery Program Provided by the Fire Department

BACKGROUND / ISSUE
The Fire Department provides twenty-four-hour emergency medical response and ground ambulance transportation to the citizens and visitors of Folsom. Automatic and mutual aid is also provided to adjoining agencies in Sacramento, El Dorado, and Placer Counties upon request. The City's ambulance program is supported by the General Fund with a major portion of the expenses offset by service fees collected for ambulance transportation to area hospitals.

The Fire Department currently operates three ground ambulances in the City of Folsom on a daily basis. The three ground ambulances respond to fire and emergency medical incidents throughout the City and are also routinely dispatched as part of the Sacramento Regional Fire/EMS Communications Center Joint Powers Authority to surrounding communities to assist in transporting injured and ill persons to areahospitals.

The Fire Department periodically reviews the fee schedule for emergency ground ambulance transportation services and recommends adjustments to accurately reflect the cost of providing these services. The fee schedule for ambulance transportation has historically been equal to, or below, the average fee charged by all other providers of ambulance transportation in Sacramento County. Resolution No. 10418, adopted by the City Council on April 14,2020, approved the last rate increase for emergency medical transportation and was effective the same day. The Fire 1