CITY OF RANCHO CORDOVA
CITY COUNCIL MEETING
Monday, November 21, 2022
5:30 PM – Regular Meeting
David B. Roberts Council Chambers
City Hall
2729 Prospect Park Drive, Rancho Cordova
Pursuant to California Assembly Bill 361 amending the Ralph M. Brown Act (Govt. Code 54950-54963), the City has declared a state of emergency relating to COVID-19 and imposed measures to promote social distancing.
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Instructions to Make Public Comment
Submitting Public Comment via Email
Members of the public who wish to provide public comment via email will need to submit written comments to [email protected] no later than 3:00 p.m. on Monday, November 21, 2022. Written comments received no later than 3:00 p.m. will be distributed to the Council, filed in the record, and will not be read aloud. All comments submitted later than 3:00 p.m. will be distributed to the Council.
Listening to a Zoom Meeting by Zoom Video Conference
To make a public comment using the Zoom platform, please use the “raise hand” feature at the bottom center of the screen. Please make sure to enable audio controls once access has been given by the City Clerk’s office to speak. Please wait to be called upon by the City Clerk.
Rancho Cordova City Council - AGENDA
Regular Meeting of Monday, November 21, 2022
Listening to a Zoom Meeting by Phone Only
You can join a Zoom meeting via teleconferencing/audio conferencing using a cell phone or traditional landline phone. To request to make a public comment by phone press *9 to raise your hand. Please wait to be called upon by the City Clerk.
All public comments will be limited to three-minutes.
If you have questions related to the City Council Meeting or the use of Zoom, please contact the City Clerk’s Office at (916) 851-8720 before Monday, November 21, 2022, at 3:00 p.m.
AGENDA
1. REGULAR MEETING - CALL TO ORDER/ROLL CALL
Council Members Linda Budge, Garrett Gatewood, Siri Pulipati, David Sander, and Mayor Donald Terry
2. METRO CABLE TV TELEVISION ANNOUNCEMENT
The Clerk will announce the meetings video recording and playback schedule.
3. PLEDGE OF ALLEGIANCE
The Mayor will call on someone in attendance to lead the Pledge.
4. INVOCATION
Isabella-Marie Eulie with St. John Vianney School will give the invocation.
5. PRESENTATIONS
5.1. Presentation of Proclamation to Helen Klein on the Occasion of Her 100th Birthday.
5.2 Recognition of Senator Jim Nielsen on his Retirement.
5.2. Celebration of Council Member Sander's Birthday November 25, 2022.
6. PUBLIC COMMENT
Citizens wishing to address the Council for any matter not on the agenda may do so at this time via teleconference or by completing and submitting a Speaker Card to the City Clerk.
If you want to make a public comment via teleconference, please use the “raise hand” feature at the bottom center of the screen. If you are participating by telephone and you want to make a public comment, please press *9 to raise your hand. For those participating by Zoom or telephone, please wait to be called upon by the City Clerk.
For items on the agenda, speakers will be called by the Mayor at the point on the agenda when the item will be heard. Speakers are encouraged to keep comments to three minutes or less and to state name and community of residence.
Rancho Cordova City Council - AGENDA
Regular Meeting of Monday, November 21, 2022
Under the provisions of the California Government Code, the City Council is prohibited from discussing or taking immediate action on any item not on the agenda unless it can be demonstrated to be of an emergency nature or the need to take immediate action arose after the posting of the agenda.
7. COUNCIL REPORTS
8. CITY MANAGER'S REPORT
9. CONSENT CALENDAR ITEMS - ROLL CALL VOTE
9.1. Subject: Meeting Minutes from the Regular City Council Meeting of November 7, 2022.
Recommendation: Adopt the Minutes.
9.2. Subject: A Resolution Approving the Final Map of Grantline 220 Unit 1, Subdivision No. FM2021-004-01, and Authorizing the City Manager to Execute Subdivision Improvement Agreement 2022-226 with Lennar Homes of California, LLC.
Recommendation: Adopt the Resolution.
9.3. Subject: A Resolution Approving the Final Map of Grantline 220 Unit 2, Subdivision No. FM2021-004-02, and Authorizing the City Manager to Execute the Subdivision Improvement Agreement 2022-227 with Lennar Homes of California, LLC.
Recommendation: Adopt the Resolution.
9.4. Subject: A Resolution Approving the Final Map of Grantline 220 Unit 3, Subdivision No. FM2021-004-03, and Authorizing the City Manager to Execute the Subdivision Improvement Agreement 2022-228 with Lennar Homes of California, LLC.
Recommendation: Adopt the Resolution.
9.5. Subject: A Resolution Approving the Final Map of Grantline 220 Unit 4, Subdivision No. FM2021-004-04, and Authorizing the City Manager to Execute the Subdivision Improvement Agreement 2022-229 with Lennar Homes of California, LLC.
Recommendation: Adopt the Resolution.
9.6. Subject: A Resolution Appointing Authorized Agents on Behalf of the City of Rancho Cordova to Execute the Monier Circle Detention Basin Grant- FEMA’s obligation for Hazard Mitigation Project DR4558-PJ0632 (City of Rancho Cordova Stormwater Detention Basin) and Hazard Mitigation Project DR4558-PJ0629 (City of Rancho Cordova Pump Station Generators).
Recommendation: Adopt the Resolution.
9.7. Subject: A Resolution Approving the Biennial Review and Update to the Conflict of Interest Code for the City of Rancho Cordova Pursuant to the Political Reform Act.
Recommendation: Adopt the Resolution.
9.8. Subject: A Resolution Authorizing the City Manager to Execute Construction Contract Amendment No. 2021-256-7 with Z Squared Inc. to Increase the Contract Amount from $5,745,297 to an Amount not to Exceed $5,890,443 for the Construction of the Rancho Cordova Youth Center Project.
Recommendation: Adopt the Resolution
9.9. Subject: A Resolution Authorizing the City Manager to Execute Contract No. 2022-245 in an
Rancho Cordova City Council - AGENDA
Regular Meeting of Monday, November 21, 2022
Amount not to Exceed $500,000 with MCE Corporation for Stormwater Pump Station Operations and Maintenance Services.
Recommendation: Adopt the Resolution.
10. CONSENT PUBLIC HEARING ITEMS - ROLL CALL VOTE
10.1. Subject: Suncreek Fee Program Ordinance Amendment and Approval of Template Credit/Reimbursement Agreements.
Recommendation: Waive the first reading and introduce the Ordinance and adopt the Resolution.
10.2. Subject: A Resolution to Approve The Ranch Four Seasons Special Planning Area Amendment and Major Design Review - Project No. PLND-0722-0045.
Recommendation: Per the Applicant’s request the proposed project has been continued to December 19, 2022.
10.3. Subject: A Resolution Declaring a Protest Hearing and Authorizing the Mailing of Property Owner Ballot Relating to the Imposition of the Annual Stormwater Utility Fee for the Sun Center Drive Warehouse Project.
Recommendation: Adopt the Resolution.
11. PUBLIC HEARING ITEMS
11.1. Subject: The Residences at Capital Center - Major Design Review - Project No. PLND-1221- 0024 - Located at the Northeast Corner of International Boulevard and Kilgore Road: APN:
072-0680-065 & -068, 072-0260-051, -053, -054 & -056.
Recommendation: That Council find the Initial Study-Mitigated Negative Declaration with mitigation measures that was prepared and circulated pursuant to the California Environmental Quality Act (CEQA) for the project to be adequate; and adopt the Resolution for Tentative Parcel Map, Tentative Subdivision Map, Major Design Review, and Unified Sign Program.
12. REGULAR CALENDAR ITEMS
12.1. Subject: Update and Direction on Workforce Recovery Program Notice of Funding Availability Proposals Received.
Recommendation: Receive update on the proposals received from the Workforce Recovery Program Notice of Funding Availability (NOFA), and funding recommendations for Council consideration. Adopt a resolution for workforce metrics tracking.
12.2. Subject: Residential Waste Collection and Street Sweeping Contract Options for the Term Beginning January 1, 2025.
Recommendation: Receive the presentation on the process to develop and execute a new residential waste collection and street sweeping contract for the term beginning on January 1, 2025. No action is requested at this time.
13. COUNCIL REQUESTS FOR FUTURE AGENDA ITEMS
14. ADJOURN TO CLOSED SESSION
Rancho Cordova City Council - AGENDA
Regular Meeting of Monday, November 21, 2022
Mayor Terry will adjourn the meeting to closed session.
15. CLOSED SESSION - CALL TO ORDER/ROLL CALL
Council Members Linda Budge, Garrett Gatewood, Siri Pulipati, David Sander, and Mayor Donald Terry
16. CLOSED SESSION
Council will discuss the following items in closed session:
1. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION (pursuant to California Government Code Section 54956.9(d)(1)) Williams v. City of Rancho Cordova, Sacramento Superior Court Case No. 34-2020-00285207.
2. PUBLIC EMPLOYEE APPOINTMENT Title: City Manager Pursuant to Government Code Section 54957.
17. OPEN SESSION - REPORT FROM CLOSED SESSION
The City Attorney will report on action taken in closed session.
18. ADJOURNMENT
ADDITIONAL INFORMATION
Special Meetings listed below are subject to change/cancellation without further notice.
Unless the Council adopts a motion to extend the meeting, any item that is not initiated before 11:00 p.m. will be continued to the next day at 5:30 p.m. or scheduled on the next regular meeting agenda of the Council.
Public documents related to items on the open session portion of this agenda, which are distributed to the City Council less than 72 hours prior to the meeting, shall be available for public inspection at the time the documents are distributed to the Council. Documents are available for inspection at the City Clerk's office located in Rancho Cordova City Hall.
The agenda items are accessible on the City’s website at www.cityofranchocordova.org on Thursdays or Fridays prior to the Regular City Council Meeting.
UPCOMING MEETINGS
November 29, 2022 5:30 PM Special Meeting/Work Session
December 5, 2022 4:00 PM Special Meeting/Regular Meeting December 13, 2022 5:30 PM Special Meeting/Work Session
December 19, 2022 5:30 PM Regular Meeting
Rancho Cordova City Council - AGENDA
Regular Meeting of Monday, November 21, 2022
If you have any technical questions related to the agenda items, please contact City Hall at (916) 851- 8700.
The Rancho Cordova City Council meeting will be videotaped in its entirety and will be cablecast without interruption on Metro Cable 14, the Government Affairs Channel on the Comcast, Consolidated Communications and AT&T U-Verse Systems. Closed Captioning will be available on the playback cablecast. A DVD copy is available from the City Clerk’s Department and a webcast of this meeting will be available for viewing via video streaming from the City’s website within 48 hours of adjournment of this meeting.
In compliance with the Americans with Disabilities Act, if you need a disability-related modification or accommodation, including auxiliary aids or services, to participate in this meeting, please contact the City Clerk’s Office at (916) 851-8720 at least 48 hours prior to the meeting.
CERTIFICATION OF POSTING OF AGENDA
I, Stacy Leitner, City Clerk for the City of Rancho Cordova, declare that the foregoing agenda for the November 21, 2022 Regular Meeting of the Rancho Cordova City Council was posted and available for review on November 17, 2022 at City Hall of the City of Rancho Cordova, 2729 Prospect Park Drive, Rancho Cordova, California, 95670. The agenda is also available on the city website at www.cityofranchocordova.org.
Signed November 17, 2022 at Rancho Cordova, California.
Stacy Leitner, CMC
City Clerk
ITEM 9.1. ATTACHMENT 1
CITY OF RANCHO CORDOVA
CITY COUNCIL MEETING
Monday, November 7, 2022
5:30 PM – Regular Meeting
David B. Roberts Council Chambers
City Hall
2729 Prospect Park Drive, Rancho Cordova
Pursuant to California Assembly Bill 361 amending the Ralph M. Brown Act (Govt. Code 54950-54963), the City has declared a state of emergency relating to COVID-19 and imposed measures to promote social distancing.
DRAFT MINUTES
1. REGULAR MEETING - CALL TO ORDER/ROLL CALL
Mayor Terry called the Regular meeting to order in the David B. Roberts Council Chambers at 5:32 p.m.
Council Members Present: Linda Budge, Garrett Gatewood, Siri Pulipati (arrived at 6:00 p.m.),David Sander, and Mayor Donald Terry
Council Members Absent: None
Staff Members Present: Cyrus Abhar, Adam Lindgren, Stacy Leitner and Persephonie Riley
2. METRO CABLE TV TELEVISION ANNOUNCEMENT
The City Clerk read the meetings recordings and playback schedule.
3. PLEDGE OF ALLEGIANCE
Council Member Garrett Gatewood led the pledge.
4. INVOCATION
Isabella Marie Eulie with St. John Vianney School gave the invocation.
5. PRESENTATIONS
ITEM 9.1. ATTACHMENT 1
Rancho Cordova City Council - DRAFT MINUTES
Meeting of Monday, November 7, 2022
5.1. Introduction of New Employees Krystina Baudrey, Planning Technician I by Arlene Granadosin-Jones, Senior Planner and Amber Carter, Code Enforcement Officer I by Russ Ducharme, Neighborhood Services Manager.
6. PUBLIC COMMENT
Mayor Terry opened the public comment period. The following individuals addressed the Council or submitted public comment via email:
1. Marilyn Metzger
2. James Garcia
3. Helen Whelan-Bashaw
4. Michele Forrest
5. Kate Carroll
Mayor Terry closed the public comment period.
7. COUNCIL REPORTS
Council reported on events since the last meeting.
8. CITY MANAGER'S REPORT
City Manager Cyrus Abhar gave his report.
9. CONSENT CALENDAR ITEMS - ROLL CALL VOTE
Mayor Terry opened the public comment period. Seeing no speakers. Mayor Terry closed the public comment period.
ACTION: Motion to approve item 9.1 through 9.6 by Budge second by Pulipati; Motion passed with a 5:0 vote.
9.1. Subject: Meeting Minutes from the Regular City Council Meeting of October 17, 2022.
Recommendation: Adopt the Minutes.
9.2. Subject: An Ordinance of the City of Rancho Cordova Amending Section 5.50 of the City of Rancho Cordova Municipal Code Relating to the Sacramento Metropolitan Cable Television Commission.
Recommendation: Waive second reading and adopt the Ordinance.
9.3. Subject: A Resolution of the City Council of the City of Rancho Cordova and on Behalf of Commissions and Committees Created by the City Council Pursuant to Government Code Section 54952(b) Confirming the State of Emergency Under Government Code Section 8625, Recognizing Continued Measures to Promote Social Distancing, and Reauthorizing Remote Teleconference Meetings of the City for the Period from November 7, 2022 through December 6, 2022.
Recommendation: Adopt the Resolution.
9.4. Subject: A Resolution Authorizing the City Manager to Grant Non-Exclusive Franchises and Execute Agreements with Multiple Waste Hauling Companies for the Collection of Solid Waste, Recyclables and Organic Materials from Businesses and Multi-Family Properties.
Recommendation: Adopt the Resolution.
ITEM 9.1. ATTACHMENT 1
Rancho Cordova City Council - DRAFT MINUTES
Meeting of Monday, November 7, 2022
9.5. Subject: A Resolution Declaring the City's intention to Impose an Annual Stormwater Utility Fee For the Maintenance of Storm Drainage and Flood Protection Systems for the Sun Center Drive Warehouse Project.
Recommendation: Adopt the Resolution designating a time and place for hearing protests in connection with the annual Stormwater Utility Fee for the Sun Center Drive Warehouse project.
9.6. Subject: A Resolution Declaring the Results of the Mail Ballot Election for Rancho Cordova Transit-Related Services Special Tax Area Zone 31 for a portion of The Ranch Project.
Recommendation: Adopt the Resolution.
10. CONSENT PUBLIC HEARING ITEMS - ROLL CALL VOTE
Mayor Terry stated that item 10.1 would be pulled for separate discussion.
Mayor Terry opened the public comment period. Seeing no speakers. Mayor Terry closed the public comment period.
ACTION: Motion to approve item 10.2 and 10.3 by Budge second by Sander; Motion passed with a 5:0 vote.
10.1. Subject: Montelena Village 3 Subdivision – Major Design Review Amendment – PLND0922-0053.
Recommendation: That Council find the project is exempt under CEQA Exemption 15182, Residential Projects Pursuant to a Specific Plan. The project was analyzed as part of the Sunridge Specific Plan (SDSP) Environmental Impact Report (EIR); and adopt the Resolution for the Montelena Village 3 Major Design Review Amendment.
Mayor Terry opened the public comment period. The following individuals addressed the Council or submitted public comment via email:
1. James Garcia
2. Paul Carroll
Mayor Terry closed the public comment period.
ACTION: Motion to approve item 10.1. by Budge second by Pulipati; Motion passed with a 5:0 vote.
10.2. Subject: A Resolution Approving the Community Development Block Grant 2023 Annual Action Plan.
Recommendation: Adopt the Resolution of the City Council of the City of Rancho Cordova the submit the 2023 Community Development Block Grant (CDBG) Annual Action Plan (AAP).
10.3. Subject: Second Reading of Ordinances Repealing and Replacing Various Chapters of Title 16 "Buildings and Construction", by Adopting by Reference State Building Codes and Making Local Amendments to Portions Thereof, and Adopting Other Related Codes.
Recommendation: Waive the second reading and adopt the Ordinances.
11. PUBLIC HEARING ITEMS
ITEM 9.1. ATTACHMENT 1
Rancho Cordova City Council - DRAFT MINUTES
Meeting of Monday, November 7, 2022
None.
12. REGULAR CALENDAR ITEMS
12.1. Subject: Planning Project Processing and Procedures.
Recommendation: Receive information on the overall key steps to processing planning entitlements, including when in the process specific questions can be addressed.
Mayor Terry opened the public comment period. The following individuals addressed the Council or submitted public comment via email:
1. James Garcia
Mayor Terry closed the public comment period.
ACTION: Input was received regarding Planning Project Processing and Procedures.
12.2. Subject: Community Engagement Division Annual Update.
Recommendation: Provide Community Engagement Division update and answer Council questions.
Mayor Terry opened the public comment period. Seeing no speakers. Mayor Terry closed the public comment period.
ACTION: Input was received regarding the Community Engagement Division Annual Update.
13. COUNCIL REQUESTS FOR FUTURE AGENDA ITEMS
None.
14. ADJOURN TO CLOSED SESSION
Mayor Terry adjourned the meeting to closed session at 8:23 p.m.
15. CLOSED SESSION - CALL TO ORDER/ROLL CALL
Mayor Terry called closed session to order at 8:23 p.m.
Council Members Present: Linda Budge, Garrett Gatewood, Siri Pulipati, David Sander, and Mayor Donald Terry
Council Members Absent: None
Staff Members Present: Adam Lindgren
16. CLOSED SESSION
Council met in closed session to discuss the following items:
1. CONFERENCE WITH REAL PROPERTY NEGOTIATORS: Pursuant to Government Code Section 54956.8: Property 2300 Mine Shaft Lane, Assessor's Parcel Number (APN): 072-0231-014-0000, City Negotiators: Cyrus Abhar, City Manager, Albert Stricker, Public Works Director, and Adam U. Lindgren, City Attorney, Negotiating Parties: Cordova Community Council. Under Negotiation: Price and Terms of Payment.
2. PUBLIC EMPLOYEE APPOINTMENT Title: City Manager Pursuant to Government Code Section 54957.
ITEM 9.1. ATTACHMENT 1
Rancho Cordova City Council - DRAFT MINUTES
Meeting of Monday, November 7, 2022
17. OPEN SESSION - REPORT FROM CLOSED SESSION
City Attorney Adam Lindgren reported that staff was given direction and no reportable action was taken in closed session.
18. ADJOURNMENT
Mayor Terry adjourned the meeting in memory of Connie Mahoney, Doreen Mauk, and Colonel Bob Burns at 9:43 p.m..
_______________________
Stacy Leitner, CMC
City Clerk
MEMORANDUM
City Council Staff Report - Page 1 of 2
ITEM 9.2.
DATE: November 21, 2022
TO: Honorable Mayor and Council Members
FROM: Albert Stricker, Public Works Director
Quoc Nham, Senior Civil Engineer
SUBJECT: A RESOLUTION APPROVING THE FINAL MAP OF GRANTLINE 220 UNIT 1, SUBDIVISION NO. FM-2021-004-01, AND AUTHORIZING THE
CITY MANAGER TO EXECUTE SUBDIVISION IMPROVEMENT
AGREEMENT 2022-226 WITH LENNAR HOMES OF CALIFORNIA,
LLC
RECOMMENDATION
Adopt the Resolution.
RESULT OF RECOMMENDED ACTION
Adoption of the Resolution would approve the Final Map of Grantline 220 Unit 1 Subdivision No. FM-2021-004-01 and Authorize the City Manager to Execute Subdivision Improvement Agreement 2022-226 with Lennar Homes of California, LLC.
BACKGROUND
The map has been examined and checked for compliance with Title 22 of the City of Rancho Cordova Municipal Code and the California Subdivision Map Act. The City Council approved the Tentative Subdivision Map on June 7, 2021. A copy of the final map, Attachment 3, and a copy of the vicinity map, Attachment 4, are included with this letter. The developer has chosen a theme of bird species for neighborhood roadway names.
Roads are offered for dedication to this subdivision. Lennar Homes of California, LLC has provided a performance and labor and material bond guaranteeing the construction of the public improvements. Wood Rodgers has waived the requirement for a bond to guarantee payment for setting up the survey monuments with the subdivision. The soil report requirement has been satisfied by Wallace Kuhl & Associates dated August 4, 2021.
There are no delinquent taxes on the property and the Tax Collector has so certified. The 2022/2023 estimated taxes have been secured by the Sacramento County Tax Collector.
FISCAL IMPACT AND FUNDING SOURCE
There is no fiscal impact to the City.
ATTACHMENT(S)
City Council Staff Report - Page 2 of 2
1. Resolution
2. SIA Contract 2022-226
3. Final Map
4. Vicinity Map
ITEM 9.2. ATTACHMENT 1
Resolution No. XX-2022 Page 1 of 1
CITY OF RANCHO CORDOVA
RESOLUTION NO. XX-2022
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CORDOVA, STATE OF CALIFORNIA, APPROVING THE FINAL MAP OF GRANTLINE 220 UNIT 1 SUBDIVISION NO. FM-2021-004-01, AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE SUBDIVISION IMPROVEMENT AGREEMENT 2022-226 WITH LENNAR HOMES OF
CALIFORNIA, LLC
WHEREAS, the City Council approved the Tentative Subdivision Map on June 7, 2021, per Resolution No. 91-2021; and
WHEREAS, the map is in substantial compliance with the approved tentative map; and WHEREAS, the conditions of approval have been complied with; and
WHEREAS, the map complies with Title 22 of the City of Rancho Cordova municipal code and the California Subdivision Map Act; and
WHEREAS, the approval of final maps is exempt from review under the California Environmental Quality Act (CEQA) pursuant to CEQA Regulation Section 15268(b)(3) as a ministerial approval; and
WHEREAS, the City desires to enter into a subdivision improvement agreement with the developer to ensure necessary public improvements are completed and secured with a bond.
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF RANCHO CORDOVA does approve the Final Map of Grantline 220 Unit 1 Subdivision No. FM-2021-004-01 and does authorize the City Manager to execute Subdivision Improvement Agreement Contract No. 2022-226 with Lennar Homes of California, LLC in a form approved by the City Attorney.
PASSED AND ADOPTED by the City Council of the City of Rancho Cordova on the 21st day of November 2022 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Donald Terry, Mayor
Stacy Leitner, CMC
City Clerk
CONTRACT NO. 2022-226
Subdivision Improvement Agreement Updated: 10/11/21
Between the City of Rancho Cordova and
Lennar Homes of California, LLC 1
SUBDIVISION IMPROVEMENT AGREEMENT
GRANTLINE 220 UNIT 1 FM-2021-004-01
THIS SUBDIVISION IMPROVEMENT AGREEMENT (hereinafter, “Agreement”) entered into this __________ day of ___________, 20__, by and between the City of Rancho Cordova, (hereinafter “City"), a California municipal corporation, and Lennar Homes of California, LLC, a California limited liability company (hereinafter "Principal").
RECITALS
WHEREAS, Section 66462 of the Government Code provides that if the work of improvement required therein is not completed prior to the acceptance of a final subdivision map, the owner of the subdivision may enter into an agreement with the City to perform the work of improvement as required by said sections in consideration of the acceptance of said final subdivision map by the City; and
WHEREAS, Section 66499 of the Government Code requires that said agreement be secured by a surety bond or by an instrument of credit issued by a financial institution subject to regulation by the State or federal governments or by a cash deposit; and WHEREAS, Section 66499.3 establishes the types and amount of security to guarantee the performance of any such improvement agreement; and
WHEREAS, City and Principal desire to enter into an improvement agreement as authorized by the Subdivision Map Act under the terms and conditions hereinafter set forth.
NOW, THEREFORE, in consideration of the mutual promises, conditions and covenants hereinafter set forth, City and Principal agree as follows:
1. Incorporation of Recitals. The foregoing recitals are hereby incorporated by reference.
2. Findings and Conditions of Subdivision Map. Principal recognizes that approval of its subdivision was subject to the findings and conditions attached to such approval and hereby acknowledges and agrees to be bound by such findings and conditions.
3. City Approval of Subdivision Map. City agrees to approve the final map of the subdivision presented to it by Principal and designated Grantline 220 Unit 1, FM-2021-004-01 and to accept on behalf of the public all lands, rights of way and easements therein offered in dedication, in accordance with the conditions hereinafter set forth.
ITEM 9.2. ATTACHMENT 2
CONTRACT NO. 2022-226
Subdivision Improvement Agreement Updated: 10/11/21
Between the City of Rancho Cordova and
Lennar Homes of California, LLC 2
4. Completion of Improvements. In consideration of such approval, Principal agrees to complete the work of improvement required for said subdivision in accordance with the requirements of the Rancho Cordova Municipal Code and such standard specifications created by applicable City ordinances or resolutions which are in effect at the time of the installation of said improvements. The work required may lie within or outside the subdivision and must be completed within 24 months of the date of this Agreement.
5. Payment For Services. Principal further agrees to promptly pay, when due, all costs for plan checking, inspection services and material testing performed by City pursuant to the requirements of Sections 12.03.210 et. seq. of the Rancho Cordova Municipal Code.
7. Acceptance of Improvements. Upon satisfactory completion of all public improvements in accordance with standard specifications created by City ordinances or resolutions which are in effect at the time of the installation of said improvements, City agrees to accept for maintenance the work of improvement within the dedicated parcels shown on said final subdivision map, and any off site easements granted, subject to the provisions of paragraph 9 hereof. Acceptance will be postponed until such time the City determines a public purpose exists. Public Purpose is defined as existence of habitable structures within the subdivision.
8. Notice of Commencement of Work. Principal shall notify the City Engineer in writing of the commencement of the work of improvements.
9. Correction of Defects. Principal agrees to remedy any defects in the improvement arising from faulty or defective construction of said improvements occurring within twelve months after acceptance thereof by City.
10. Indemnity. Principal shall indemnify and hold harmless with counsel selected by the City, the City of Rancho Cordova, its agents, officers, consultants, and employees (“City”) from any and all loss, damage or liability arising out of or resulting from Principal's performance or non-performance of his duties and obligations under this Agreement, or from the negligent act or omission of himself, his agents, servants and employees. Principal shall, at his own cost and expense, defend any and all actions, suits, or legal proceedings arising out of or resulting from the performance or nonperformance of this Agreement, that may be brought or instituted against the City, its officers and employees, on any such claim or demand, and pay or satisfy any judgment that may be rendered against the City in any such action, suit or legal proceedings, or result thereof, regardless whether caused in part by a party indemnified hereunder.
ITEM 9.2. ATTACHMENT 2
CONTRACT NO. 2022-226
Subdivision Improvement Agreement Updated: 10/11/21
Between the City of Rancho Cordova and
Lennar Homes of California, LLC 3
11. Extension of Completion Date. If the construction of the work or improvement should be delayed without fault of Principal, the time for completion thereof may be extended by City for such period of time as City may deem reasonable.
12. Improvement Security. (a) Principal shall obtain and furnish to City an improvement security consisting of a surety bond in favor of City, issued by a corporate surety authorized to do business in the State of California, and in form approved by City, securing the faithful performance by Principal of the work of improvement required, and also securing the payment of the costs and interest, if any, due under Sections 12.030.210 et seq. of the Rancho Cordova Municipal Code, as provided in Paragraph 5 herein and an additional bond issued by a corporate surety authorized to do business in the State of California, in the amount of not less than 50 percent of the total estimated cost of the improvement, securing payment to contractor, his subcontractors, and to persons renting equipment or furnishing labor or materials for the improvement.
(b) In lieu of said corporate surety bonds, Principal may furnish an improvement security consisting of a letter of credit, certificate of deposit, or similar instrument of credit, in form satisfactory to City, issued by a financial institution subject to regulation by the State or Federal government, pledging that the funds necessary to meet the performance required herein are on deposit, and guaranteed for payment on demand. Said letter of credit, certificate of deposit, or similar instrument of credit shall provide that the funds designated therein shall become trust funds for the purposes set forth in said instrument. (c) The failure of Principal to commence the required work of improvements, or to complete the same within the time required after commencement thereof, shall entitle City to the full payment of the security, or so much thereof as may be necessary to complete the required work of improvement. The amount of the surety bond for faithful performance shall be in the sum of $10,787,000. The amount of the surety bond for the payment of the claims of the contractor, his subcontractors, and to persons renting equipment or furnishing labor or materials for the improvement shall be at least 50 percent of the above amount. The letter of credit, certificate of deposit or similar instrument of credit, or cash deposit for faithful performance, shall be in the above amount plus an additional 50 percent for the purposes set forth herein.
13. Improvement Security As Condition Precedent. The furnishing of the improvement security by Principal as required by paragraph 12 hereof shall be a condition precedent to acceptance by City of the above described real property and the performance by the City of the covenants herein on its part to be performed.
ITEM 9.2. ATTACHMENT 2
CONTRACT NO. 2022-226
Subdivision Improvement Agreement Updated: 10/11/21
Between the City of Rancho Cordova and
Lennar Homes of California, LLC 4
14. Inspection of Work In Progress. (a) Principal may request The City Engineer to inspect the work as it progresses. If the work performed is found to be in accordance with the requirements of City, it may be accepted as it progresses and a partial refund of the cash deposit, or a release pro tanto of the faithful performance bond, letter of credit, certificate of deposit or similar instrument of credit shall be made in a sum in the same ratio to the total deposit as the work accepted bears to the total work to be done. No refund in excess of 85 percent of the total amount of the improvement security for faithful performance shall be made until all the work has been completed and accepted.
(b) The determination of the Administrator of Public Works of City as to the amount of work done, and the amount of refund or partial release pro tanto, shall be final and conclusive. When the work of improvement is accepted, 10 percent of the improvement security shall be retained to guarantee faithful performance of the provisions of paragraph 9 of this Agreement.
(c) Improvement security given to secure payment to contractor, his subcontractors and to persons renting equipment or furnishing labor or materials for the work of improvement may, six months after completion and acceptance of the work, be reduced to an amount not less than the total of all claims on which an action has been filed, and notice thereof given in writing to City, and if there are no actions filed, such improvement security may be released in full.
15. Execution By Real Party In Interest. Where title to the subdivision property is held by the record owner thereof under a holding Agreement, this Agreement and the bond given pursuant thereto must be executed by the real party or parties in interest.
16. Waiver of Civil Code Section 2819. Any extension of time hereunder shall not operate to release the surety on the bond filed pursuant to this Agreement. In this connection the surety waives the provisions of Section 2819 of the Civil Code of the State of California.
17. City Construction of Improvements. In the event that all or any portion of the works of improvement contemplated herein are proposed to be constructed by street improvement proceedings under the control of City, the undertaking of such proceedings shall in no way relieve Principal of any duties under this Agreement, except where all of the works of improvement that are required under this Agreement have in fact been constructed and accepted by City.
18. Interest. Interest shall accrue at the highest rate permitted by law on all sums from the date payment is due under the terms of this Agreement and the sum due is certain or reasonably capable of being made certain.
ITEM 9.2. ATTACHMENT 2
CONTRACT NO. 2022-226
Subdivision Improvement Agreement Updated: 10/11/21
Between the City of Rancho Cordova and
Lennar Homes of California, LLC 5
19. Attorneys’ Fees. In the event that it is necessary for the City to enforce the obligations secured by the improvement security furnished pursuant to Paragraph 12 hereof, the City shall be entitled to recover its costs and reasonable expenses and fees, including reasonable attorneys' fees, as provided for in Government Code Section 66499.4.
20. Amendments. This Agreement may be modified or amended, or any of its provisions waived, only by a subsequent written agreement executed by the parties hereto.
21. Entire Agreement. This Agreement and any attachments hereto constitute the sole, final, complete, exclusive and integrated expression and statement of the terms and conditions of this Agreement among the parties hereto concerning the subject matter addressed herein, and supercedes all prior negotiations, representations or agreements, oral or written, that may be related to the subject matter of this Agreement.
22. Construction and Interpretation. It is agreed and acknowledged by the Principal that the provisions of this Agreement have been arrived at through negotiation, and that the Principal has had a full and fair opportunity to revise the provisions of this Agreement and to have such provisions reviewed by legal counsel. Therefore, the normal rule of construction that any ambiguities are to be resolved against the drafting party shall not apply in construing or interpreting this Agreement.
23. Successors and Assigns. This Agreement shall bind and inure to the benefit of the respective successors and assigns of the parties hereto.
24. Time. Time is of the essence in the performance of each and every term of this Agreement.
SIGNATURE PAGE FOLLOWING
ITEM 9.2. ATTACHMENT 2
CONTRACT NO. 2022-226
Subdivision Improvement Agreement Updated: 10/11/21
Between the City of Rancho Cordova and
Lennar Homes of California, LLC 6
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first set forth above, which date shall be considered by the Parties to be the effective date of this Agreement.
CITY OF RANCHO CORDOVA,
California Municipal Corporation
_______________________________
Cyrus Abhar, City Manager
LENNAR HOMES OF CALIFORNIA, LLC.,
a California limited liability company
(as successor-in-interest by conversion to
Lennar Homes of California, Inc., a California
corporation)
________________________________
Larry Gualco, Sr. Vice President
Date: __________________________ Date: ___________________________ ATTEST:
__________________________________
Stacy Leitner, CMC, City Clerk
ITEM 9.2. ATTACHMENT 2
Sheet of 8 1
BEING ALL OF LOTS 1, 7, A & B OF THAT CERTAIN
LARGE LOT FINAL MAP OF GRANTLINE 220
FILED FOR RECORD IN BOOK 442 OF MAPS, AT PAGE 13
CITY OF RANCHO CORDOVA,
COUNTY OF SACRAMENTO, STATE OF CALIFORNIA
FINAL MAP OF
GRANTLINE 220 UNIT 1
SUBDIVISION NO. FM-2021-004-01
NOVEMBER 2022
BUILDING RELATIONSHIPS ONE PROJECT AT A TIME
3301 C St, Bldg. 100-B Tel 916.341.7760
Sacramento, CA 95816 Fax 916.341.7767
OWNER'S STATEMENT
SURVEYOR'S STATEMENT
CITY ENGINEER'S STATEMENT
CITY CLERK'S STATEMENT
CITY SURVEYOR'S STATEMENT
NOTARY'S ACKNOWLEDGMENT
No. 64057
IA NR
IF O
OF CAL ET AT S
No. 7723 IA NR IFO
OF CA L ET AT S
RECORDER'S STATEMENT
LENNAR HOMES OF CALIFORNIA, LLC
A CALIFORNIA LIMITED LIABILITY COMPANY
(AS SUCCESSOR-IN-INTEREST BY CONVERSION TO
LENNAR HOMES OF CALIFORNIA, INC., A CALIFORNIA CORPORATION) ITEM 9.2. ATTACHMENT 3
Sheet of 8 2
BEING ALL OF LOTS 1, 7, A & B OF THAT CERTAIN
LARGE LOT FINAL MAP OF GRANTLINE 220
FILED FOR RECORD IN BOOK 442 OF MAPS, AT PAGE 13
CITY OF RANCHO CORDOVA,
COUNTY OF SACRAMENTO, STATE OF CALIFORNIA
FINAL MAP OF
GRANTLINE 220 UNIT 1
SUBDIVISION NO. FM-2021-004-01
NOVEMBER 2022
BUILDING RELATIONSHIPS ONE PROJECT AT A TIME
3301 C St, Bldg. 100-B Tel 916.341.7760
Sacramento, CA 95816 Fax 916.341.7767
LEGEND
6 REFERENCES:
BASIS OF BEARINGS
NOTES
ITEM 9.2. ATTACHMENT 3
AME R I C AN O S
B OU L E V A R D
CHRYSANTHY BOULEVARD
ROSEFINCH WAY
SPOTTED WREN WAY
GREENSHANK
WAY
CYPRESS
GROVE
DRIVE
LORIKEET WAY
GREY OWL WAY
SURFBIRD WAY
WAX MYRTLE WAY
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K
H AWK
C I R C L E DUCKHAWK C I RCL E
21 16 15
22 22 23
15 14 GRANT LINE ROAD
HAWKF INCH
CIRCLE
MACAW WAY
ROSEFINCH
COURT
Sheet of 8 3
BEING ALL OF LOTS 1, 7, A & B OF THAT CERTAIN
LARGE LOT FINAL MAP OF GRANTLINE 220
FILED FOR RECORD IN BOOK 442 OF MAPS, AT PAGE 13
CITY OF RANCHO CORDOVA,
COUNTY OF SACRAMENTO, STATE OF CALIFORNIA
FINAL MAP OF
GRANTLINE 220 UNIT 1
SUBDIVISION NO. FM-2021-004-01
NOVEMBER 2022
BUILDING RELATIONSHIPS ONE PROJECT AT A TIME
3301 C St, Bldg. 100-B Tel 916.341.7760
Sacramento, CA 95816 Fax 916.341.7767 7 8 6 4 5 GRANT LINE ROAD
CHRYSANTHY
BOULEVARD
CHRYSANTHY
BOULEVARD
SURFBIRD
WAY
ITEM 9.2. ATTACHMENT 3
WAX MYRTLE WAY
ROSEFINCH WAY
CHRYSANTHY BOULEVARD
ROSEFINCH COURT
SURFBIRD
WAY ±±
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STREET 2
Sheet of 8 4
BEING ALL OF LOTS 1, 7, A & B OF THAT CERTAIN
LARGE LOT FINAL MAP OF GRANTLINE 220
FILED FOR RECORD IN BOOK 442 OF MAPS, AT PAGE 13
CITY OF RANCHO CORDOVA,
COUNTY OF SACRAMENTO, STATE OF CALIFORNIA
FINAL MAP OF
GRANTLINE 220 UNIT 1
SUBDIVISION NO. FM-2021-004-01
NOVEMBER 2022
BUILDING RELATIONSHIPS ONE PROJECT AT A TIME
3301 C St, Bldg. 100-B Tel 916.341.7760
Sacramento, CA 95816 Fax 916.341.7767
ITEM 9.2. ATTACHMENT 3
HAWKFINCH CIRCLE
HAWKFINCH CIRCLE
ROSEFINCH WAY
DUCKHAWK CIRCLE
OSEFINCH WAY
AMERICANOS BOULEVARD
HAWKFINCH CIRCLE
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Sheet of 8 5
BEING ALL OF LOTS 1, 7, A & B OF THAT CERTAIN
LARGE LOT FINAL MAP OF GRANTLINE 220
FILED FOR RECORD IN BOOK 442 OF MAPS, AT PAGE 13
CITY OF RANCHO CORDOVA,
COUNTY OF SACRAMENTO, STATE OF CALIFORNIA
FINAL MAP OF
GRANTLINE 220 UNIT 1
SUBDIVISION NO. FM-2021-004-01
NOVEMBER 2022
BUILDING RELATIONSHIPS ONE PROJECT AT A TIME
3301 C St, Bldg. 100-B Tel 916.341.7760
Sacramento, CA 95816 Fax 916.341.7767
DETAIL 'A' - SCALE: 1" = 10'-0"
DETAIL 'B' - SCALE: 1" = 20'-0"
SEE DETAIL 'B'
THIS SHEET
SEE DETAIL 'A' THIS SHEET
DETAIL
SCALE: 1" = 5'-0"
ITEM 9.2. ATTACHMENT 3
±
ROSEFINCH WAY
DUCKHAWK CIRCLE
DUCKHAWK CIRCLE
ROSEFINCH WAYMACAW WAY
AMERICANOS BOULEVARD
ROSEFINCH COURT
ARCT I C TERN WAY ± ±
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Sheet of 8 6
BEING ALL OF LOTS 1, 7, A & B OF THAT CERTAIN
LARGE LOT FINAL MAP OF GRANTLINE 220
FILED FOR RECORD IN BOOK 442 OF MAPS, AT PAGE 13
CITY OF RANCHO CORDOVA,
COUNTY OF SACRAMENTO, STATE OF CALIFORNIA
FINAL MAP OF
GRANTLINE 220 UNIT 1
SUBDIVISION NO. FM-2021-004-01
NOVEMBER 2022
BUILDING RELATIONSHIPS ONE PROJECT AT A TIME
3301 C St, Bldg. 100-B Tel 916.341.7760
Sacramento, CA 95816 Fax 916.341.7767
DETAIL - SCALE: 1" = 10'-0"
DETAIL 'A' - SCALE: 1" = 10'-0"
SEE DETAIL 'A' THIS SHEET
ITEM 9.2. ATTACHMENT 3
DUCKHAWK CIRCLE
MACAW WAY
DUCKHAWK
CIRCLE
DUCKHAWK
CIRCLE
AMERICANOS BOULEVARD
21 16 15
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Sheet of 8 7
BEING ALL OF LOTS 1, 7, A & B OF THAT CERTAIN
LARGE LOT FINAL MAP OF GRANTLINE 220
FILED FOR RECORD IN BOOK 442 OF MAPS, AT PAGE 13
CITY OF RANCHO CORDOVA,
COUNTY OF SACRAMENTO, STATE OF CALIFORNIA
FINAL MAP OF
GRANTLINE 220 UNIT 1
SUBDIVISION NO. FM-2021-004-01
NOVEMBER 2022
BUILDING RELATIONSHIPS ONE PROJECT AT A TIME
3301 C St, Bldg. 100-B Tel 916.341.7760
Sacramento, CA 95816 Fax 916.341.7767
ITEM 9.2. ATTACHMENT 3
CHRYSANTHY BOULEVARD
AMERICANOS BOULEVARD
±
±
±
±°
GREY
OWL
WAY
CHRYSANTHY BOULEVARD
CYPRESS
GROVE
DRIVE
±
±
CHRYSANTHY BOULEVARD
GRANT LINE ROAD
Sheet of 8 8
BEING ALL OF LOTS 1, 7, A & B OF THAT CERTAIN
LARGE LOT FINAL MAP OF GRANTLINE 220
FILED FOR RECORD IN BOOK 442 OF MAPS, AT PAGE 13
CITY OF RANCHO CORDOVA,
COUNTY OF SACRAMENTO, STATE OF CALIFORNIA
FINAL MAP OF
GRANTLINE 220 UNIT 1
SUBDIVISION NO. FM-2021-004-01
NOVEMBER 2022
BUILDING RELATIONSHIPS ONE PROJECT AT A TIME
3301 C St, Bldg. 100-B Tel 916.341.7760
Sacramento, CA 95816 Fax 916.341.7767
CHRYSANTHY BOULEVARD
GRANT LINE
ROAD
NORTHERLY BOUNDARY LINE
CRYSANTHY BOULEVARD CENTERLINE MATCHLINE 'B'
MATCHLINE 'B'
MATCHLINE 'A'
MATCHLINE 'A'
ITEM 9.2. ATTACHMENT 3
GRANT LINE RD
£¤50
JACKSON RD
W HITE ROCK RD GRANT
LINE RD
¯
DOUGLAS RD
Aerial Photo Date: March 2018
LOCATION MAP
Path: X:\GIS_Staff\PROJECTS\PUBLIC_WORKS\DEVELOPMENT\SUBDIVISIONS\Subdivision_Vicinity_Maps\Pro_Project\Subdivision_Vicinity_Maps.aprx | Date: 2/9/2022 DETAIL
AREA
VICINITY MAP
GRANTLINE 220 UNIT 1
0 250 500 750
Feet
ITEM 9.2. ATTACHMENT 4
MEMORANDUM
City Council Staff Report - Page 1 of 2
ITEM 9.3.
DATE: November 21, 2022
TO: Honorable Mayor and Council Members
FROM: Albert Stricker, Public Works Director
Quoc Nham, Senior Civil Engineer
SUBJECT: A RESOLUTION APPROVING THE FINAL MAP OF GRANTLINE 220 UNIT 2, SUBDIVISION NO. FM-2021-004-02, AND AUTHORIZING THE
CITY MANAGER TO EXECUTE THE SUBDIVISION IMPROVEMENT
AGREEMENT 2022-227 WITH LENNAR HOMES OF CALIFORNIA,
LLC
RECOMMENDATION
Adopt the Resolution.
RESULT OF RECOMMENDED ACTION
Adoption of the Resolution would approve the Final Map of Grantline 220 Unit 2 Subdivision No. FM-2020-004-02 and Authorize the City Manager to Execute Subdivision Improvement Agreement 2022-227 with Lennar Homes of California, LLC.
BACKGROUND
The map has been examined and checked for compliance with Title 22 of the City of Rancho Cordova Municipal Code and the California Subdivision Map Act. The City Council approved the Tentative Subdivision Map on June 7, 2021. A copy of the final map, Attachment 3, and copy of the vicinity map, Attachment 4, are included with this letter. The developer has chosen a theme of bird species for neighborhood roadway names.
Roads are offered for dedication with this subdivision. Lennar Homes of California, LLC has provided a performance and labor and material bond guaranteeing the construction of the public improvements. Wood Rodgers has waived the requirement for a bond to guarantee payment for setting the survey monuments with the subdivision. The soil report requirement has been satisfied by Wallace Kuhl & Associates dated August 4, 2021.
There are no delinquent taxes against the property and the Tax Collector has so certified. The 2022/2023 estimated taxes have been secured with the Sacramento County Tax Collector.
FISCAL IMPACT AND FUNDING SOURCE
There is no fiscal impact to the City.
ATTACHMENT(S)
City Council Staff Report - Page 2 of 2
1. Resolution
2. SIA Contract No. 2022-227
3. Final Map
4. Vicinity Map
ITEM 9.3. ATTACHMENT 1
Resolution No. XX-2022 Page 1 of 1
CITY OF RANCHO CORDOVA
RESOLUTION NO. XX-2022
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CORDOVA, STATE OF CALIFORNIA, APPROVING THE FINAL MAP OF GRANTLINE 220 UNIT 2 SUBDIVISION NO. FM-2021-004-02, AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE SUBDIVISION IMPROVEMENT AGREEMENT 2022-227 WITH LENNAR HOMES OF
CALIFORNIA, LLC
WHEREAS, the City Council approved the Tentative Subdivision Map on June 7, 2021, per Resolution No. 91-2021; and
WHEREAS, the map is in substantial compliance with the approved tentative map; and WHEREAS, the conditions of approval have been complied with; and WHEREAS, the map complies with Title 22 of the City of Rancho Cordova municipal code and the California Subdivision Map Act; and
WHEREAS, the approval of final maps is exempt from review under the California Environmental Quality Act (CEQA) pursuant to CEQA Regulation Section 15268(b)(3) as a ministerial approval; and
WHEREAS, the City desires to enter into a subdivision improvement agreement with the developer to ensure necessary public improvements are completed and secured with a bond.
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF RANCHO CORDOVA does approve the Final Map of Grantline 220 Unit 2 Subdivision No. FM-2021-004-02 and does authorize the City Manager to execute Subdivision Improvement Agreement 2022-227 with Lennar Homes of California, LLC in a form approved by the City Attorney.
PASSED AND ADOPTED by the City Council of the City of Rancho Cordova on the 21st day of November 2022 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Donald Terry, Mayor
Stacy Leitner, CMC
City Clerk
CONTRACT NO. 2022-227
Subdivision Improvement Agreement Updated: 10/11/21
Between the City of Rancho Cordova and
Lennar Homes of California, LLC
SUBDIVISION IMPROVEMENT AGREEMENT
GRANTLINE 220 UNIT 2 FM-2021-004-02
THIS SUBDIVISION IMPROVEMENT AGREEMENT (hereinafter, “Agreement”) entered into this __________ day of ___________, 20__, by and between the City of Rancho Cordova, (hereinafter “City"), a California municipal corporation, and Lennar Homes of California, LLC, a California limited liability company (hereinafter "Principal").
RECITALS
WHEREAS, Section 66462 of the Government Code provides that if the work of improvement required therein is not completed prior to the acceptance of a final subdivision map, the owner of the subdivision may enter into an agreement with the City to perform the work of improvement as required by said sections in consideration of the acceptance of said final subdivision map by the City; and
WHEREAS, Section 66499 of the Government Code requires that said agreement be secured by a surety bond or by an instrument of credit issued by a financial institution subject to regulation by the State or federal governments or by a cash deposit; and WHEREAS, Section 66499.3 establishes the types and amount of security to guarantee the performance of any such improvement agreement; and
WHEREAS, City and Principal desire to enter into an improvement agreement as authorized by the Subdivision Map Act under the terms and conditions hereinafter set forth.
NOW, THEREFORE, in consideration of the mutual promises, conditions and covenants hereinafter set forth, City and Principal agree as follows:
1. Incorporation of Recitals. The foregoing recitals are hereby incorporated by reference.
2. Findings and Conditions of Subdivision Map. Principal recognizes that approval of its subdivision was subject to the findings and conditions attached to such approval and hereby acknowledges and agrees to be bound by such findings and conditions.
3. City Approval of Subdivision Map. City agrees to approve the final map of the subdivision presented to it by Principal and designated Grantline 220 Unit 2, FM-2021-004-02 and to accept on behalf of the public all lands, rights of way and easements therein offered in dedication, in accordance with the conditions hereinafter set forth.
4. Completion of Improvements. In consideration of such approval, Principal ITEM 9.3. ATTACHMENT 2
CONTRACT NO. 2022-227
Subdivision Improvement Agreement Updated: 10/11/21
Between the City of Rancho Cordova and
Lennar Homes of California, LLC
agrees to complete the work of improvement required for said subdivision in accordance with the requirements of the Rancho Cordova Municipal Code and such standard specifications created by applicable City ordinances or resolutions which are in effect at the time of the installation of said improvements. The work required may lie within or outside the subdivision and must be completed within 24 months of the date of this Agreement.
5. Payment For Services. Principal further agrees to promptly pay, when due, all costs for plan checking, inspection services and material testing performed by City pursuant to the requirements of Sections 12.03.210 et. seq. of the Rancho Cordova Municipal Code.
6. Community Facilities Renovation Fee. Principal acknowledges that under the terms of the Development Agreement by and between The City of Rancho Cordova and Grantline & Chrystanthy 220 Investors, LLC Relative to the Suncreek Project Recorded as Sacramento County Recorder # 20140121 page 1146. Principal is obligated to pay the City a fee in Section 6 of the above Development Agreement per single family lot within the Final Map ("Community Facilities Renovation Fee"). Principal acknowledges and agrees that such fee will be paid prior to the issuance of a building permit for the respective lot.
7. Acceptance of Improvements. Upon satisfactory completion of all public improvements in accordance with standard specifications created by City ordinances or resolutions which are in effect at the time of the installation of said improvements, City agrees to accept for maintenance the work of improvement within the dedicated parcels shown on said final subdivision map, and any off site easements granted, subject to the provisions of paragraph 9 hereof. Acceptance will be postponed until such time the City determines a public purpose exists. Public Purpose is defined as existence of habitable structures within the subdivision.
8. Notice of Commencement of Work. Principal shall notify the City Engineer in writing of the commencement of the work of improvements.
9. Correction of Defects. Principal agrees to remedy any defects in the improvement arising from faulty or defective construction of said improvements occurring within twelve months after acceptance thereof by City.
10. Indemnity. Principal shall indemnify and hold harmless with counsel selected by the City, the City of Rancho Cordova, its agents, officers, consultants, and employees (“City”) from any and all loss, damage or liability arising out of or resulting from Principal's performance or non-performance of his duties and obligations under this Agreement, or from the negligent act or omission of himself, his agents, servants and employees. Principal shall, at his own cost ITEM 9.3. ATTACHMENT 2
CONTRACT NO. 2022-227
Subdivision Improvement Agreement Updated: 10/11/21
Between the City of Rancho Cordova and
Lennar Homes of California, LLC
and expense, defend any and all actions, suits, or legal proceedings arising out of or resulting from the performance or nonperformance of this Agreement, that may be brought or instituted against the City, its officers and employees, on any such claim or demand, and pay or satisfy any judgment that may be rendered against the City in any such action, suit or legal proceedings, or result thereof, regardless whether caused in part by a party indemnified hereunder.
11. Extension of Completion Date. If the construction of the work or improvement should be delayed without fault of Principal, the time for completion thereof may be extended by City for such period of time as City may deem reasonable.
12. Improvement Security. (a) Principal shall obtain and furnish to City an improvement security consisting of a surety bond in favor of City, issued by a corporate surety authorized to do business in the State of California, and in form approved by City, securing the faithful performance by Principal of the work of improvement required, and also securing the payment of the costs and interest, if any, due under Sections 12.030.210 et seq. of the Rancho Cordova Municipal Code, as provided in Paragraph 5 herein and an additional bond issued by a corporate surety authorized to do business in the State of California, in the amount of not less than 50 percent of the total estimated cost of the improvement, securing payment to contractor, his subcontractors, and to persons renting equipment or furnishing labor or materials for the improvement.
(b) In lieu of said corporate surety bonds, Principal may furnish an improvement security consisting of a letter of credit, certificate of deposit, or similar instrument of credit, in form satisfactory to City, issued by a financial institution subject to regulation by the State or Federal government, pledging that the funds necessary to meet the performance required herein are on deposit, and guaranteed for payment on demand. Said letter of credit, certificate of deposit, or similar instrument of credit shall provide that the funds designated therein shall become trust funds for the purposes set forth in said instrument. (c) The failure of Principal to commence the required work of improvements, or to complete the same within the time required after commencement thereof, shall entitle City to the full payment of the security, or so much thereof as may be necessary to complete the required work of improvement. The amount of the surety bond for faithful performance shall be in the sum of $2,015,000. The amount of the surety bond for the payment of the claims of the contractor, his subcontractors, and to persons renting equipment or furnishing labor or materials for the improvement shall be at least 50 percent of the above amount. The letter of credit, ITEM 9.3. ATTACHMENT 2
CONTRACT NO. 2022-227
Subdivision Improvement Agreement Updated: 10/11/21
Between the City of Rancho Cordova and
Lennar Homes of California, LLC
certificate of deposit or similar instrument of credit, or cash deposit for faithful performance, shall be in the above amount plus an additional 50 percent for the purposes set forth herein.
13. Improvement Security As Condition Precedent. The furnishing of the improvement security by Principal as required by paragraph 12 hereof shall be a condition precedent to acceptance by City of the above described real property and the performance by the City of the covenants herein on its part to be performed.
14. Inspection of Work In Progress. (a) Principal may request The City Engineer to inspect the work as it progresses. If the work performed is found to be in accordance with the requirements of City, it may be accepted as it progresses and a partial refund of the cash deposit, or a release pro tanto of the faithful performance bond, letter of credit, certificate of deposit or similar instrument of credit shall be made in a sum in the same ratio to the total deposit as the work accepted bears to the total work to be done. No refund in excess of 85 percent of the total amount of the improvement security for faithful performance shall be made until all the work has been completed and accepted.
(b) The determination of the Administrator of Public Works of City as to the amount of work done, and the amount of refund or partial release pro tanto, shall be final and conclusive. When the work of improvement is accepted, 10 percent of the improvement security shall be retained to guarantee faithful performance of the provisions of paragraph 9 of this Agreement.
(c) Improvement security given to secure payment to contractor, his subcontractors and to persons renting equipment or furnishing labor or materials for the work of improvement may, six months after completion and acceptance of the work, be reduced to an amount not less than the total of all claims on which an action has been filed, and notice thereof given in writing to City, and if there are no actions filed, such improvement security may be released in full.
15. Execution By Real Party In Interest. Where title to the subdivision property is held by the record owner thereof under a holding Agreement, this Agreement and the bond given pursuant thereto must be executed by the real party or parties in interest.
16. Waiver of Civil Code Section 2819. Any extension of time hereunder shall not operate to release the surety on the bond filed pursuant to this Agreement. In this connection the surety waives the provisions of Section 2819 of the Civil Code of the State of California.
17. City Construction of Improvements. In the event that all or any portion of the works of improvement contemplated herein are proposed to be constructed by street improvement proceedings under the control of City, the undertaking of such proceedings shall in ITEM 9.3. ATTACHMENT 2
CONTRACT NO. 2022-227
Subdivision Improvement Agreement Updated: 10/11/21
Between the City of Rancho Cordova and
Lennar Homes of California, LLC
no way relieve Principal of any duties under this Agreement, except where all of the works of improvement that are required under this Agreement have in fact been constructed and accepted by City.
18. Interest. Interest shall accrue at the highest rate permitted by law on all sums from the date payment is due under the terms of this Agreement and the sum due is certain or reasonably capable of being made certain.
19. Attorneys’ Fees. In the event that it is necessary for the City to enforce the obligations secured by the improvement security furnished pursuant to Paragraph 12 hereof, the City shall be entitled to recover its costs and reasonable expenses and fees, including reasonable attorneys' fees, as provided for in Government Code Section 66499.4.
20. Amendments. This Agreement may be modified or amended, or any of its provisions waived, only by a subsequent written agreement executed by the parties hereto.
20. Entire Agreement. This Agreement and any attachments hereto constitute the sole, final, complete, exclusive and integrated expression and statement of the terms and conditions of this Agreement among the parties hereto concerning the subject matter addressed herein, and supercedes all prior negotiations, representations or agreements, oral or written, that may be related to the subject matter of this Agreement.
22. Construction and Interpretation. It is agreed and acknowledged by the Principal that the provisions of this Agreement have been arrived at through negotiation, and that the Principal has had a full and fair opportunity to revise the provisions of this Agreement and to have such provisions reviewed by legal counsel. Therefore, the normal rule of construction that any ambiguities are to be resolved against the drafting party shall not apply in construing or interpreting this Agreement.
23. Successors and Assigns. This Agreement shall bind and inure to the benefit of the respective successors and assigns of the parties hereto.
24. Time. Time is of the essence in the performance of each and every term of this Agreement.
SIGNATURE PAGE FOLLOWING
ITEM 9.3. ATTACHMENT 2
CONTRACT NO. 2022-227
Subdivision Improvement Agreement Updated: 10/11/21
Between the City of Rancho Cordova and
Lennar Homes of California, LLC
ITEM 9.3. ATTACHMENT 2
CONTRACT NO. 2022-227
Subdivision Improvement Agreement Updated: 10/11/21
Between the City of Rancho Cordova and
Lennar Homes of California, LLC
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first set forth above, which date shall be considered by the Parties to be the effective date of this Agreement.
CITY OF RANCHO CORDOVA,
California Municipal Corporation
_______________________________
Cyrus Abhar, City Manager
LENNAR HOMES OF CALIFORNIA, LLC.,
a California limited liability company
(as successor-in-interest by conversion to
Lennar Homes of California, Inc., a California
corporation)
________________________________
Larry Gualco, Sr. Vice President
Date: __________________________ Date: ___________________________ ATTEST:
__________________________________
Stacy Leitner, CMC, City Clerk
ITEM 9.3. ATTACHMENT 2
Sheet of 4 1
BEING ALL OF LOT 2 OF THAT CERTAIN
LARGE LOT FINAL MAP OF GRANTLINE 220
FILED FOR RECORD IN BOOK 442 OF MAPS, AT PAGE 13
CITY OF RANCHO CORDOVA,
COUNTY OF SACRAMENTO, STATE OF CALIFORNIA
FINAL MAP OF
GRANTLINE 220 UNIT 2
SUBDIVISION NO. FM-2021-004-02
NOVEMBER 2022
BUILDING RELATIONSHIPS ONE PROJECT AT A TIME
3301 C St, Bldg. 100-B Tel 916.341.7760
Sacramento, CA 95816 Fax 916.341.7767
OWNER'S STATEMENT
SURVEYOR'S STATEMENT
CITY ENGINEER'S STATEMENT
CITY CLERK'S STATEMENT
CITY SURVEYOR'S STATEMENT
NOTARY'S ACKNOWLEDGMENT
No. 64057
IA NR
IF O
OF CAL ET AT S
No. 7723 IA NR IFO
OF CA L ET AT S
RECORDER'S STATEMENT
LENNAR HOMES OF CALIFORNIA, LLC
A CALIFORNIA LIMITED LIABILITY COMPANY
(AS SUCCESSOR-IN-INTEREST BY CONVERSION TO
LENNAR HOMES OF CALIFORNIA, INC., A CALIFORNIA CORPORATION) ITEM 9.3. ATTACHMENT 3
ROSEFINCH COURT
SURFBIRD WAY
WAX MYRTLE WAY
ARCTIC TERN CIRCLE
ARCTIC TERN CIRCLE
ARCTIC TERN CIRCLE
ARCTIC TERN WAY
ROSEFINCH WAY
ARCTIC TERN WAY
DUCKHAWK CIRCLE
CHRYSANTHY BOULEVARD
Sheet of 4 2
BEING ALL OF LOT 2 OF THAT CERTAIN
LARGE LOT FINAL MAP OF GRANTLINE 220
FILED FOR RECORD IN BOOK 442 OF MAPS, AT PAGE 13
CITY OF RANCHO CORDOVA,
COUNTY OF SACRAMENTO, STATE OF CALIFORNIA
FINAL MAP OF
GRANTLINE 220 UNIT 2
SUBDIVISION NO. FM-2021-004-02
NOVEMBER 2022
BUILDING RELATIONSHIPS ONE PROJECT AT A TIME
3301 C St, Bldg. 100-B Tel 916.341.7760
Sacramento, CA 95816 Fax 916.341.7767
3 4
NOTES
LEGEND
4 DETAIL 'A' - SCALE: 1" = 10'
SEE DETAIL 'A'
THIS SHEET
SURFBIRD WAY
EASEMENT NOTES:
REFERENCES:
BASIS OF BEARINGS
CHRYSANTHY
BOULEVARD
DETAIL 'B' - NOT TO SCALE
SEE DETAIL 'B'
THIS SHEET
ITEM 9.3. ATTACHMENT 3
SURFBIRD WAY
WAX MYRTLE WAY
ARCTIC TERN CIRCLE
ARCTIC TERN CIRCLE
ARCTIC TERN CIRCLE
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Sheet of 4 3
BEING ALL OF LOT 2 OF THAT CERTAIN
LARGE LOT FINAL MAP OF GRANTLINE 220
FILED FOR RECORD IN BOOK 442 OF MAPS, AT PAGE 13
CITY OF RANCHO CORDOVA,
COUNTY OF SACRAMENTO, STATE OF CALIFORNIA
FINAL MAP OF
GRANTLINE 220 UNIT 2
SUBDIVISION NO. FM-2021-004-02
NOVEMBER 2022
BUILDING RELATIONSHIPS ONE PROJECT AT A TIME
3301 C St, Bldg. 100-B Tel 916.341.7760
Sacramento, CA 95816 Fax 916.341.7767
CHRYSANTHY BOULEVARD
SEE DETAIL 'B'
SHEET 2
ITEM 9.3. ATTACHMENT 3
ROSEFINCH COURT
SURFBIRD WAY
ARCTIC TERN WAY
WAX MYRTLE WAY
ARCTIC TERN WAY
ROSEFINCH WAY
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Sheet of 4 4
BEING ALL OF LOT 2 OF THAT CERTAIN
LARGE LOT FINAL MAP OF GRANTLINE 220
FILED FOR RECORD IN BOOK 442 OF MAPS, AT PAGE 13
CITY OF RANCHO CORDOVA,
COUNTY OF SACRAMENTO, STATE OF CALIFORNIA
FINAL MAP OF
GRANTLINE 220 UNIT 2
SUBDIVISION NO. FM-2021-004-02
NOVEMBER 2022
BUILDING RELATIONSHIPS ONE PROJECT AT A TIME
3301 C St, Bldg. 100-B Tel 916.341.7760
Sacramento, CA 95816 Fax 916.341.7767
ITEM 9.3. ATTACHMENT 3
GRANT LINE RD
£¤50
JACKSON RD
W HITE ROCK RD GRANT
LINE RD
KIEFER BLVD
¯
DOUGLAS RD
Aerial Photo Date: March 2018
LOCATION MAP
Path: X:\GIS_Staff\PROJECTS\PUBLIC_WORKS\DEVELOPMENT\SUBDIVISIONS\Subdivision_Vicinity_Maps\Pro_Project\Subdivision_Vicinity_Maps.aprx | Date: 2/9/2022 DETAIL
AREA
VICINITY MAP OF
GRANTLINE 220 UNIT 2
0 250 500 750
Feet
ITEM 9.3. ATTACHMENT 4
MEMORANDUM
City Council Staff Report - Page 1 of 2
ITEM 9.4.
DATE: November 21, 2022
TO: Honorable Mayor and Council Members
FROM: Albert Stricker, Public Works Director
Quoc Nham, Senior Civil Engineer
SUBJECT: A RESOLUTION APPROVING THE FINAL MAP OF GRANTLINE 220 UNIT 3, SUBDIVISION NO. FM-2021-004-03, AND AUTHORIZING THE
CITY MANAGER TO EXECUTE THE SUBDIVISION IMPROVEMENT
AGREEMENT 2022-228 WITH LENNAR HOMES OF CALIFORNIA,
LLC
RECOMMENDATION
Adopt the Resolution.
RESULT OF RECOMMENDED ACTION
Adoption of the Resolution would approve the Final Map of Grantline 220 Unit 3 Subdivision No. FM-2020-004-03 and Authorize the City Manager to Execute Subdivision Improvement Agreement 2022-228 with Lennar Homes of California, LLC.
BACKGROUND
The map has been examined and checked for compliance with Title 22 of the City of Rancho Cordova Municipal Code and the California Subdivision Map Act. The City Council approved the Tentative Subdivision Map on June 7, 2021. A copy of the final map, Attachment 3, and copy of the vicinity map, Attachment 4, are included with this letter. The developer has chosen a theme of bird species for neighborhood roadway names.
Roads are offered for dedication with this subdivision. Lennar Homes of California, LLC has provided a performance and labor and material bond guaranteeing the construction of the public improvements. Wood Rodgers has waived the requirement for a bond to guarantee payment for setting the survey monuments with the subdivision. The soil report requirement has been satisfied by Wallace Kuhl & Associates dated August 4, 2021.
There are no delinquent taxes against the property and the Tax Collector has so certified. The 2022/2023 estimated taxes have been secured with the Sacramento County Tax Collector.
FISCAL IMPACT AND FUNDING SOURCE
There is no fiscal impact to the City.
ATTACHMENT(S)
City Council Staff Report - Page 2 of 2
1. Resolution
2. Contract No. 2022-228
3. Final Map
4. Vicinity Map
ITEM 9.4. ATTACHMENT 1
Resolution No. XX-2022 Page 1 of 1
CITY OF RANCHO CORDOVA
RESOLUTION NO. XX-2022
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CORDOVA, STATE OF CALIFORNIA, APPROVING THE FINAL MAP OF GRANTLINE 220 UNIT 3 SUBDIVISION NO. FM-2021-004-03, AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE SUBDIVISION IMPROVEMENT AGREEMENT 2022-228 WITH LENNAR HOMES OF
CALIFORNIA, LLC
WHEREAS, the City Council approved the Tentative Subdivision Map on June 7, 2021, per Resolution No. 91-2021; and
WHEREAS, the map is in substantial compliance with the approved tentative map; and WHEREAS, the conditions of approval have been complied with; and WHEREAS, the map complies with Title 22 of the City of Rancho Cordova municipal code and the California Subdivision Map Act; and
WHEREAS, the approval of final maps is exempt from review under the California Environmental Quality Act (CEQA) pursuant to CEQA Regulation Section 15268(b)(3) as a ministerial approval; and
WHEREAS, the City desires to enter into a subdivision improvement agreement with the developer to ensure necessary public improvements are completed and secured with a bond.
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF RANCHO CORDOVA does approve the Final Map of Grantline 220 Unit 3 Subdivision No. FM-2021-004-03 and does authorize the City Manager to execute Subdivision Improvement Agreement Contract No. 2022-228 with Lennar Homes of California, LLC in a form approved by the City Attorney.
PASSED AND ADOPTED by the City Council of the City of Rancho Cordova on the 21st day of November 2022 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Donald Terry, Mayor
Stacy Leitner, CMC
City Clerk
CONTRACT NO. 2022-228
Subdivision Improvement Agreement Updated: 10/11/21
Between the City of Rancho Cordova and
Lennar Homes of California, LLC 1
SUBDIVISION IMPROVEMENT AGREEMENT
GRANTLINE 220 UNIT 3 FM-2021-004-03
THIS SUBDIVISION IMPROVEMENT AGREEMENT (hereinafter, “Agreement”) entered into this __________ day of ___________, 20__, by and between the City of Rancho Cordova, (hereinafter “City"), a California municipal corporation, and Lennar Homes of California, LLC, a California limited liability company (hereinafter "Principal").
RECITALS
WHEREAS, Section 66462 of the Government Code provides that if the work of improvement required therein is not completed prior to the acceptance of a final subdivision map, the owner of the subdivision may enter into an agreement with the City to perform the work of improvement as required by said sections in consideration of the acceptance of said final subdivision map by the City; and
WHEREAS, Section 66499 of the Government Code requires that said agreement be secured by a surety bond or by an instrument of credit issued by a financial institution subject to regulation by the State or federal governments or by a cash deposit; and WHEREAS, Section 66499.3 establishes the types and amount of security to guarantee the performance of any such improvement agreement; and
WHEREAS, City and Principal desire to enter into an improvement agreement as authorized by the Subdivision Map Act under the terms and conditions hereinafter set forth.
NOW, THEREFORE, in consideration of the mutual promises, conditions and covenants hereinafter set forth, City and Principal agree as follows:
1. Incorporation of Recitals. The foregoing recitals are hereby incorporated by reference.
2. Findings and Conditions of Subdivision Map. Principal recognizes that approval of its subdivision was subject to the findings and conditions attached to such approval and hereby acknowledges and agrees to be bound by such findings and conditions.
3. City Approval of Subdivision Map. City agrees to approve the final map of the subdivision presented to it by Principal and designated Grantline 220 Unit 3, FM-2021-004-03 and to accept on behalf of the public all lands, rights of way and easements therein offered in dedication, in accordance with the conditions hereinafter set forth.
4. Completion of Improvements. In consideration of such approval, Principal ITEM 9.4. ATTACHMENT 2
CONTRACT NO. 2022-228
Subdivision Improvement Agreement Updated: 10/11/21
Between the City of Rancho Cordova and
Lennar Homes of California, LLC 2
agrees to complete the work of improvement required for said subdivision in accordance with the requirements of the Rancho Cordova Municipal Code and such standard specifications created by applicable City ordinances or resolutions which are in effect at the time of the installation of said improvements. The work required may lie within or outside the subdivision and must be completed within 24 months of the date of this Agreement.
5. Payment For Services. Principal further agrees to promptly pay, when due, all costs for plan checking, inspection services and material testing performed by City pursuant to the requirements of Sections 12.03.210 et. seq. of the Rancho Cordova Municipal Code.
6. Community Facilities Renovation Fee. Principal acknowledges that under the terms of the Development Agreement by and between The City of Rancho Cordova and Grantline & Chrystanthy 220 Investors, LLC Relative to the Suncreek Project Recorded as Sacramento County Recorder # 20140121 page 1146. Principal is obligated to pay the City a fee in Section 6 of the above Development Agreement per single family lot within the Final Map ("Community Facilities Renovation Fee"). Principal acknowledges and agrees that such fee will be paid prior to the issuance of a building permit for the respective lot.
7. Acceptance of Improvements. Upon satisfactory completion of all public improvements in accordance with standard specifications created by City ordinances or resolutions which are in effect at the time of the installation of said improvements, City agrees to accept for maintenance the work of improvement within the dedicated parcels shown on said final subdivision map, and any off site easements granted, subject to the provisions of paragraph 9 hereof. Acceptance will be postponed until such time the City determines a public purpose exists. Public Purpose is defined as existence of habitable structures within the subdivision.
8. Notice of Commencement of Work. Principal shall notify the City Engineer in writing of the commencement of the work of improvements.
9. Correction of Defects. Principal agrees to remedy any defects in the improvement arising from faulty or defective construction of said improvements occurring within twelve months after acceptance thereof by City.
10. Indemnity. Principal shall indemnify and hold harmless with counsel selected by the City, the City of Rancho Cordova, its agents, officers, consultants, and employees (“City”) from any and all loss, damage or liability arising out of or resulting from Principal's performance or non-performance of his duties and obligations under this Agreement, or from the negligent act or omission of himself, his agents, servants and employees. Principal shall, at his own cost ITEM 9.4. ATTACHMENT 2
CONTRACT NO. 2022-228
Subdivision Improvement Agreement Updated: 10/11/21
Between the City of Rancho Cordova and
Lennar Homes of California, LLC 3
and expense, defend any and all actions, suits, or legal proceedings arising out of or resulting from the performance or nonperformance of this Agreement, that may be brought or instituted against the City, its officers and employees, on any such claim or demand, and pay or satisfy any judgment that may be rendered against the City in any such action, suit or legal proceedings, or result thereof, regardless whether caused in part by a party indemnified hereunder.
11. Extension of Completion Date. If the construction of the work or improvement should be delayed without fault of Principal, the time for completion thereof may be extended by City for such period of time as City may deem reasonable.
12. Improvement Security. (a) Principal shall obtain and furnish to City an improvement security consisting of a surety bond in favor of City, issued by a corporate surety authorized to do business in the State of California, and in form approved by City, securing the faithful performance by Principal of the work of improvement required, and also securing the payment of the costs and interest, if any, due under Sections 12.030.210 et seq. of the Rancho Cordova Municipal Code, as provided in Paragraph 5 herein and an additional bond issued by a corporate surety authorized to do business in the State of California, in the amount of not less than 50 percent of the total estimated cost of the improvement, securing payment to contractor, his subcontractors, and to persons renting equipment or furnishing labor or materials for the improvement.
(b) In lieu of said corporate surety bonds, Principal may furnish an improvement security consisting of a letter of credit, certificate of deposit, or similar instrument of credit, in form satisfactory to City, issued by a financial institution subject to regulation by the State or Federal government, pledging that the funds necessary to meet the performance required herein are on deposit, and guaranteed for payment on demand. Said letter of credit, certificate of deposit, or similar instrument of credit shall provide that the funds designated therein shall become trust funds for the purposes set forth in said instrument. (c) The failure of Principal to commence the required work of improvements, or to complete the same within the time required after commencement thereof, shall entitle City to the full payment of the security, or so much thereof as may be necessary to complete the required work of improvement. The amount of the surety bond for faithful performance shall be in the sum of $9,726,000. The amount of the surety bond for the payment of the claims of the contractor, his subcontractors, and to persons renting equipment or furnishing labor or materials for the improvement shall be at least 50 percent of the above amount. The letter of credit, ITEM 9.4. ATTACHMENT 2
CONTRACT NO. 2022-228
Subdivision Improvement Agreement Updated: 10/11/21
Between the City of Rancho Cordova and
Lennar Homes of California, LLC 4
certificate of deposit or similar instrument of credit, or cash deposit for faithful performance, shall be in the above amount plus an additional 50 percent for the purposes set forth herein.
13. Improvement Security As Condition Precedent. The furnishing of the improvement security by Principal as required by paragraph 12 hereof shall be a condition precedent to acceptance by City of the above described real property and the performance by the City of the covenants herein on its part to be performed.
14. Inspection of Work In Progress. (a) Principal may request The City Engineer to inspect the work as it progresses. If the work performed is found to be in accordance with the requirements of City, it may be accepted as it progresses and a partial refund of the cash deposit, or a release pro tanto of the faithful performance bond, letter of credit, certificate of deposit or similar instrument of credit shall be made in a sum in the same ratio to the total deposit as the work accepted bears to the total work to be done. No refund in excess of 85 percent of the total amount of the improvement security for faithful performance shall be made until all the work has been completed and accepted.
(b) The determination of the Administrator of Public Works of City as to the amount of work done, and the amount of refund or partial release pro tanto, shall be final and conclusive. When the work of improvement is accepted, 10 percent of the improvement security shall be retained to guarantee faithful performance of the provisions of paragraph 9 of this Agreement.
(c) Improvement security given to secure payment to contractor, his subcontractors and to persons renting equipment or furnishing labor or materials for the work of improvement may, six months after completion and acceptance of the work, be reduced to an amount not less than the total of all claims on which an action has been filed, and notice thereof given in writing to City, and if there are no actions filed, such improvement security may be released in full.
15. Execution By Real Party In Interest. Where title to the subdivision property is held by the record owner thereof under a holding Agreement, this Agreement and the bond given pursuant thereto must be executed by the real party or parties in interest.
16. Waiver of Civil Code Section 2819. Any extension of time hereunder shall not operate to release the surety on the bond filed pursuant to this Agreement. In this connection the surety waives the provisions of Section 2819 of the Civil Code of the State of California.
17. City Construction of Improvements. In the event that all or any portion of the works of improvement contemplated herein are proposed to be constructed by street improvement proceedings under the control of City, the undertaking of such proceedings shall in ITEM 9.4. ATTACHMENT 2
CONTRACT NO. 2022-228
Subdivision Improvement Agreement Updated: 10/11/21
Between the City of Rancho Cordova and
Lennar Homes of California, LLC 5
no way relieve Principal of any duties under this Agreement, except where all of the works of improvement that are required under this Agreement have in fact been constructed and accepted by City.
18. Interest. Interest shall accrue at the highest rate permitted by law on all sums from the date payment is due under the terms of this Agreement and the sum due is certain or reasonably capable of being made certain.
19. Attorneys’ Fees. In the event that it is necessary for the City to enforce the obligations secured by the improvement security furnished pursuant to Paragraph 12 hereof, the City shall be entitled to recover its costs and reasonable expenses and fees, including reasonable attorneys' fees, as provided for in Government Code Section 66499.4.
20. Amendments. This Agreement may be modified or amended, or any of its provisions waived, only by a subsequent written agreement executed by the parties hereto.
21. Entire Agreement. This Agreement and any attachments hereto constitute the sole, final, complete, exclusive and integrated expression and statement of the terms and conditions of this Agreement among the parties hereto concerning the subject matter addressed herein, and supercedes all prior negotiations, representations or agreements, oral or written, that may be related to the subject matter of this Agreement.
22. Construction and Interpretation. It is agreed and acknowledged by the Principal that the provisions of this Agreement have been arrived at through negotiation, and that the Principal has had a full and fair opportunity to revise the provisions of this Agreement and to have such provisions reviewed by legal counsel. Therefore, the normal rule of construction that any ambiguities are to be resolved against the drafting party shall not apply in construing or interpreting this Agreement.
23. Successors and Assigns. This Agreement shall bind and inure to the benefit of the respective successors and assigns of the parties hereto.
24. Time. Time is of the essence in the performance of each and every term of this Agreement.
SIGNATURE PAGE FOLLOWING
ITEM 9.4. ATTACHMENT 2
CONTRACT NO. 2022-228
Subdivision Improvement Agreement Updated: 10/11/21
Between the City of Rancho Cordova and
Lennar Homes of California, LLC 6
ITEM 9.4. ATTACHMENT 2
CONTRACT NO. 2022-228
Subdivision Improvement Agreement Updated: 10/11/21
Between the City of Rancho Cordova and
Lennar Homes of California, LLC 7
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first set forth above, which date shall be considered by the Parties to be the effective date of this Agreement.
CITY OF RANCHO CORDOVA,
California Municipal Corporation
_______________________________
Cyrus Abhar, City Manager
LENNAR HOMES OF CALIFORNIA, LLC.,
a California limited liability company
(as successor-in-interest by conversion to
Lennar Homes of California, Inc., a California
corporation)
________________________________
Larry Gualco, Sr. Vice President
Date: __________________________ Date: ___________________________ ATTEST:
__________________________________
Stacy Leitner, CMC, City Clerk
APPROVED AS TO FORM: (ADD SIGNATURE BLOCK IF ANY CHANGES TO CONTRACT) _________________________________
Adam U. Lindgren, City Attorney
Date: ____________________________
ITEM 9.4. ATTACHMENT 2
Sheet of 9 1
BEING ALL OF LOTS 3 & 11 OF THAT CERTAIN
LARGE LOT FINAL MAP OF GRANTLINE 220
FILED FOR RECORD IN BOOK 442 OF MAPS, AT PAGE 13
CITY OF RANCHO CORDOVA,
COUNTY OF SACRAMENTO, STATE OF CALIFORNIA
FINAL MAP OF
GRANTLINE 220 UNIT 3
SUBDIVISION NO. FM-2021-004-03
NOVEMBER 2022
BUILDING RELATIONSHIPS ONE PROJECT AT A TIME
3301 C St, Bldg. 100-B Tel 916.341.7760
Sacramento, CA 95816 Fax 916.341.7767
OWNER'S STATEMENT
SURVEYOR'S STATEMENT
CITY ENGINEER'S STATEMENT
CITY CLERK'S STATEMENT
CITY SURVEYOR'S STATEMENT
NOTARY'S ACKNOWLEDGMENT
No. 64057
IA NR
IF O
OF CAL ET AT S
No. 7723 IA NR IFO
OF CA L ET AT S
RECORDER'S STATEMENT
LENNAR HOMES OF CALIFORNIA, LLC
A CALIFORNIA LIMITED LIABILITY COMPANY
(AS SUCCESSOR-IN-INTEREST BY CONVERSION TO
LENNAR HOMES OF CALIFORNIA, INC., A CALIFORNIA CORPORATION) ITEM 9.4. ATTACHMENT 3
Sheet of 9 2
BEING ALL OF LOTS 3 & 11 OF THAT CERTAIN
LARGE LOT FINAL MAP OF GRANTLINE 220
FILED FOR RECORD IN BOOK 442 OF MAPS, AT PAGE 13
CITY OF RANCHO CORDOVA,
COUNTY OF SACRAMENTO, STATE OF CALIFORNIA
FINAL MAP OF
GRANTLINE 220 UNIT 3
SUBDIVISION NO. FM-2021-004-03
NOVEMBER 2022
BUILDING RELATIONSHIPS ONE PROJECT AT A TIME
3301 C St, Bldg. 100-B Tel 916.341.7760
Sacramento, CA 95816 Fax 916.341.7767
REFERENCES:
BASIS OF BEARINGS
LEGEND
6 NOTES
ITEM 9.4. ATTACHMENT 3
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ROSEFINCH WAY
SNOWY OWL WAY
WHITE IBIS WAY
PATAGONIAN WAY
GREENSHANK WAY
PATAGONIAN WAY
TOUCAN
CIRCLE
ROSEFINCH WAY
LORIKEET WAY
CROSSBILL
WAY
GREY OWL WAY
AME R I CANO S
BOU L E VA R D
GREY OWL
COURT
Sheet of 9 3
BEING ALL OF LOTS 3 & 11 OF THAT CERTAIN
LARGE LOT FINAL MAP OF GRANTLINE 220
FILED FOR RECORD IN BOOK 442 OF MAPS, AT PAGE 13
CITY OF RANCHO CORDOVA,
COUNTY OF SACRAMENTO, STATE OF CALIFORNIA
FINAL MAP OF
GRANTLINE 220 UNIT 3
SUBDIVISION NO. FM-2021-004-03
NOVEMBER 2022
BUILDING RELATIONSHIPS ONE PROJECT AT A TIME
3301 C St, Bldg. 100-B Tel 916.341.7760
Sacramento, CA 95816 Fax 916.341.7767
4 5
DETAIL 'B' - SCALE: 1" = 20'-0" 6 7 8 9
DETAIL 'C' - SCALE: 1" = 20'-0"
DETAIL 'A' - SCALE: 1" = 40'-0"
DETAIL 'D' - SCALE: 1" = 20'-0"
ITEM 9.4. ATTACHMENT 3
ROSEFINCH WAY
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GREENSHANK WAY
AMERICANOS BOULEVARD
WHITE IBIS WAY
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Sheet of 9 4
BEING ALL OF LOTS 3 & 11 OF THAT CERTAIN
LARGE LOT FINAL MAP OF GRANTLINE 220
FILED FOR RECORD IN BOOK 442 OF MAPS, AT PAGE 13
CITY OF RANCHO CORDOVA,
COUNTY OF SACRAMENTO, STATE OF CALIFORNIA
FINAL MAP OF
GRANTLINE 220 UNIT 3
SUBDIVISION NO. FM-2021-004-03
NOVEMBER 2022
BUILDING RELATIONSHIPS ONE PROJECT AT A TIME
3301 C St, Bldg. 100-B Tel 916.341.7760
Sacramento, CA 95816 Fax 916.341.7767
DETAIL 'C' - SCALE: 1"=1'-0"
DETAIL 'B' - SCALE: 1"=1'-5"
DETAIL 'A' - SCALE: 1"=1'-5"
SEE DETAIL 'B' THIS SHEET
SEE DETAIL 'C' THIS SHEET
SEE DETAIL 'A'
THIS SHEET
ITEM 9.4. ATTACHMENT 3
AMERICANOS BOULEVARD
WHITE IBIS WAY
GREENSHANK WAY
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Sheet of 9 5
BEING ALL OF LOTS 3 & 11 OF THAT CERTAIN
LARGE LOT FINAL MAP OF GRANTLINE 220
FILED FOR RECORD IN BOOK 442 OF MAPS, AT PAGE 13
CITY OF RANCHO CORDOVA,
COUNTY OF SACRAMENTO, STATE OF CALIFORNIA
FINAL MAP OF
GRANTLINE 220 UNIT 3
SUBDIVISION NO. FM-2021-004-03
NOVEMBER 2022
BUILDING RELATIONSHIPS ONE PROJECT AT A TIME
3301 C St, Bldg. 100-B Tel 916.341.7760
Sacramento, CA 95816 Fax 916.341.7767
PATAGONIAN WAY
ITEM 9.4. ATTACHMENT 3
PATAGONIAN WAY
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SNOWY OWL WAY
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Sheet of 9 6
BEING ALL OF LOTS 3 & 11 OF THAT CERTAIN
LARGE LOT FINAL MAP OF GRANTLINE 220
FILED FOR RECORD IN BOOK 442 OF MAPS, AT PAGE 13
CITY OF RANCHO CORDOVA,
COUNTY OF SACRAMENTO, STATE OF CALIFORNIA
FINAL MAP OF
GRANTLINE 220 UNIT 3
SUBDIVISION NO. FM-2021-004-03
NOVEMBER 2022
BUILDING RELATIONSHIPS ONE PROJECT AT A TIME
3301 C St, Bldg. 100-B Tel 916.341.7760
Sacramento, CA 95816 Fax 916.341.7767
ITEM 9.4. ATTACHMENT 3
TOUCAN CIRCLE
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Sheet of 9 7
BEING ALL OF LOTS 3 & 11 OF THAT CERTAIN
LARGE LOT FINAL MAP OF GRANTLINE 220
FILED FOR RECORD IN BOOK 442 OF MAPS, AT PAGE 13
CITY OF RANCHO CORDOVA,
COUNTY OF SACRAMENTO, STATE OF CALIFORNIA
FINAL MAP OF
GRANTLINE 220 UNIT 3
SUBDIVISION NO. FM-2021-004-03
NOVEMBER 2022
BUILDING RELATIONSHIPS ONE PROJECT AT A TIME
3301 C St, Bldg. 100-B Tel 916.341.7760
Sacramento, CA 95816 Fax 916.341.7767
DETAIL 'A' - SCALE: 1"=1'-5"
SEE DETAIL 'A'
THIS SHEET
ITEM 9.4. ATTACHMENT 3
TOUCAN CIRCLE
ROSEFINCH WAY
LORIKEET
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CROSSBILL
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Sheet of 9 8
BEING ALL OF LOTS 3 & 11 OF THAT CERTAIN
LARGE LOT FINAL MAP OF GRANTLINE 220
FILED FOR RECORD IN BOOK 442 OF MAPS, AT PAGE 13
CITY OF RANCHO CORDOVA,
COUNTY OF SACRAMENTO, STATE OF CALIFORNIA
FINAL MAP OF
GRANTLINE 220 UNIT 3
SUBDIVISION NO. FM-2021-004-03
NOVEMBER 2022
BUILDING RELATIONSHIPS ONE PROJECT AT A TIME
3301 C St, Bldg. 100-B Tel 916.341.7760
Sacramento, CA 95816 Fax 916.341.7767
ITEM 9.4. ATTACHMENT 3
GREY OWL WAY
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Sheet of 9 9
BEING ALL OF LOTS 3 & 11 OF THAT CERTAIN
LARGE LOT FINAL MAP OF GRANTLINE 220
FILED FOR RECORD IN BOOK 442 OF MAPS, AT PAGE 13
CITY OF RANCHO CORDOVA,
COUNTY OF SACRAMENTO, STATE OF CALIFORNIA
FINAL MAP OF
GRANTLINE 220 UNIT 3
SUBDIVISION NO. FM-2021-004-03
NOVEMBER 2022
BUILDING RELATIONSHIPS ONE PROJECT AT A TIME
3301 C St, Bldg. 100-B Tel 916.341.7760
Sacramento, CA 95816 Fax 916.341.7767
MATCHLINE 'A'
MATCHLINE 'A'
ROSEFINCH
WAY
ROSEFINCH
WAY
DETAIL 'A' - SCALE: 1" = 10' DETAIL 'B' - SCALE: 1" = 10'
CHRYSANTHY BLVD
ITEM 9.4. ATTACHMENT 3
VICINITY MAP OF
GRANTLINE 220 UNIT 3
SUBDIVISION NO. FM-2021-004-03
¯
0 175 350
Feet
Aerial Photo Date: March 2018
GRANT LINE RD
DOUGLAS RD
KIEFER BLVD
RANCHO CORDOVA PKWY
LOCATION MAP
Path: X:\GIS_Staff\PROJECTS\PUBLIC_WORKS\DEVELOPMENT\SUBDIVISIONS\Grantline 220 Unit 3\Grantline 220 Unit 3.mxd | Date: 11/4/2022 DETAIL
AREA
ITEM 9.4. ATTACHMENT 4
MEMORANDUM
City Council Staff Report - Page 1 of 2
ITEM 9.5.
DATE: November 21, 2022
TO: Honorable Mayor and Council Members
FROM: Albert Stricker, Public Works Director
Quoc Nham, Senior Civil Engineer
SUBJECT: A RESOLUTION APPROVING THE FINAL MAP OF GRANTLINE 220 UNIT 4, SUBDIVISION NO. FM-2021-004-04, AND AUTHORIZING THE
CITY MANAGER TO EXECUTE THE SUBDIVISION IMPROVEMENT
AGREEMENT 2022-229 WITH LENNAR HOMES OF CALIFORNIA,
LLC
RECOMMENDATION
Adopt the Resolution.
RESULT OF RECOMMENDED ACTION
Adoption of the Resolution would approve the Final Map of Grantline 220 Unit 4 Subdivision No. FM-2020-004-04 and Authorize the City Manager to Execute Subdivision Improvement Agreement 2022-229 with Lennar Homes of California, LLC.
BACKGROUND
The map has been examined and checked for compliance with Title 22 of the City of Rancho Cordova Municipal Code and the California Subdivision Map Act. The City Council approved the Tentative Subdivision Map on June 7, 2021. A copy of the final map, Attachment 3, and copy of the vicinity map, Attachment 4, are included with this letter. The developer has chosen a theme of bird species for neighborhood roadway names.
Roads are offered for dedication with this subdivision. Lennar Homes of California, LLC has provided a performance and labor and material bond guaranteeing the construction of the public improvements. Wood Rodgers has waived the requirement for a bond to guarantee payment for setting the survey monuments with the subdivision. The soil report requirement has been satisfied by Wallace Kuhl & Associates dated August 4, 2021.
There are no delinquent taxes against the property and the Tax Collector has so certified. The 2022/2023 estimated taxes have been secured with the Sacramento County Tax Collector.
FISCAL IMPACT AND FUNDING SOURCE
There is no fiscal impact to the City.
ATTACHMENT(S)
City Council Staff Report - Page 2 of 2
1. Resolution
2. Contract No. 2022-229
3. Final Map
4. Vicinity Map
ITEM 9.5. ATTACHMENT 1
Resolution No. XX-2022 Page 1 of 1
CITY OF RANCHO CORDOVA
RESOLUTION NO. XX-2022
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CORDOVA, STATE OF CALIFORNIA, APPROVING THE FINAL MAP OF GRANTLINE 220 UNIT 4 SUBDIVISION NO. FM-2021-004-04, AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE SUBDIVISION IMPROVEMENT AGREEMENT 2022-229 WITH LENNAR HOMES OF
CALIFORNIA, LLC
WHEREAS, the City Council approved the Tentative Subdivision Map on June 7, 2021, per Resolution No. 91-2021; and
WHEREAS, the map is in substantial compliance with the approved tentative map; and WHEREAS, the conditions of approval have been complied with; and WHEREAS, the map complies with Title 22 of the City of Rancho Cordova municipal code and the California Subdivision Map Act; and
WHEREAS, the approval of final maps is exempt from review under the California Environmental Quality Act (CEQA) pursuant to CEQA Regulation Section 15268(b)(3) as a ministerial approval; and
WHEREAS, the City desires to enter into a subdivision improvement agreement with the developer to ensure necessary public improvements are completed and secured with a bond.
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF RANCHO CORDOVA does approve the Final Map of Grantline 220 Unit 4 Subdivision No. FM-2021-004-04 and does authorize the City Manager to execute a Subdivision Improvement Agreement 2022-229 with Lennar Homes of California, LLC in a form approved by the City Attorney.
PASSED AND ADOPTED by the City Council of the City of Rancho Cordova on the 21st day of November 2022 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Donald Terry, Mayor
Stacy Leitner, CMC
City Clerk
CONTRACT NO. 2022-229
Subdivision Improvement Agreement Updated: 10/11/21
Between the City of Rancho Cordova and Lennar Homes of California, LLC, 1 SUBDIVISION IMPROVEMENT AGREEMENT
GRANTLINE 220 UNIT 4 FM-2021-004-04
THIS SUBDIVISION IMPROVEMENT AGREEMENT (hereinafter, “Agreement”) entered into this __________ day of ___________, 20__, by and between the City of Rancho Cordova, (hereinafter “City"), a California municipal corporation, and Lennar Homes of California, LLC, a California limited liability company (hereinafter "Principal").
RECITALS
WHEREAS, Section 66462 of the Government Code provides that if the work of improvement required therein is not completed prior to the acceptance of a final subdivision map, the owner of the subdivision may enter into an agreement with the City to perform the work of improvement as required by said sections in consideration of the acceptance of said final subdivision map by the City; and
WHEREAS, Section 66499 of the Government Code requires that said agreement be secured by a surety bond or by an instrument of credit issued by a financial institution subject to regulation by the State or federal governments or by a cash deposit; and WHEREAS, Section 66499.3 establishes the types and amount of security to guarantee the performance of any such improvement agreement; and
WHEREAS, City and Principal desire to enter into an improvement agreement as authorized by the Subdivision Map Act under the terms and conditions hereinafter set forth.
NOW, THEREFORE, in consideration of the mutual promises, conditions and covenants hereinafter set forth, City and Principal agree as follows:
1. Incorporation of Recitals. The foregoing recitals are hereby incorporated by reference.
2. Findings and Conditions of Subdivision Map. Principal recognizes that approval of its subdivision was subject to the findings and conditions attached to such approval and hereby acknowledges and agrees to be bound by such findings and conditions.
3. City Approval of Subdivision Map. City agrees to approve the final map of the subdivision presented to it by Principal and designated Grantline 220 Unit 4, FM-2021-004-04 and to accept on behalf of the public all lands, rights of way and easements therein offered in dedication, in accordance with the conditions hereinafter set forth.
4. Completion of Improvements. In consideration of such approval, Principal ITEM 9.5. ATTACHMENT 2
CONTRACT NO. 2022-229
Subdivision Improvement Agreement Updated: 10/11/21
Between the City of Rancho Cordova and Lennar Homes of California, LLC, 2 agrees to complete the work of improvement required for said subdivision in accordance with the requirements of the Rancho Cordova Municipal Code and such standard specifications created by applicable City ordinances or resolutions which are in effect at the time of the installation of said improvements. The work required may lie within or outside the subdivision and must be completed within 24 months of the date of this Agreement.
5. Payment For Services. Principal further agrees to promptly pay, when due, all costs for plan checking, inspection services and material testing performed by City pursuant to the requirements of Sections 12.03.210 et. seq. of the Rancho Cordova Municipal Code.
6. Community Facilities Renovation Fee. Principal acknowledges that under the terms of the Development Agreement by and between The City of Rancho Cordova and Grantline & Chrystanthy 220 Investors, LLC Relative to the Suncreek Project Recorded as Sacramento County Recorder # 20140121 page 1146. Principal is obligated to pay the City a fee in Section 6 of the above Development Agreement per single family lot within the Final Map ("Community Facilities Renovation Fee"). Principal acknowledges and agrees that such fee will be paid prior to the issuance of a building permit for the respective lot.
7. Acceptance of Improvements. Upon satisfactory completion of all public improvements in accordance with standard specifications created by City ordinances or resolutions which are in effect at the time of the installation of said improvements, City agrees to accept for maintenance the work of improvement within the dedicated parcels shown on said final subdivision map, and any off site easements granted, subject to the provisions of paragraph 9 hereof. Acceptance will be postponed until such time the City determines a public purpose exists. Public Purpose is defined as existence of habitable structures within the subdivision.
8. Notice of Commencement of Work. Principal shall notify the City Engineer in writing of the commencement of the work of improvements.
9. Correction of Defects. Principal agrees to remedy any defects in the improvement arising from faulty or defective construction of said improvements occurring within twelve months after acceptance thereof by City.
10. Indemnity. Principal shall indemnify and hold harmless with counsel selected by the City, the City of Rancho Cordova, its agents, officers, consultants, and employees (“City”) from any and all loss, damage or liability arising out of or resulting from Principal's performance or non-performance of his duties and obligations under this Agreement, or from the negligent act or omission of himself, his agents, servants and employees. Principal shall, at his own cost and expense, defend any and all actions, suits, or legal proceedings arising out of or resulting ITEM 9.5. ATTACHMENT 2
CONTRACT NO. 2022-229
Subdivision Improvement Agreement Updated: 10/11/21
Between the City of Rancho Cordova and Lennar Homes of California, LLC, 3 from the performance or nonperformance of this Agreement, that may be brought or instituted against the City, its officers and employees, on any such claim or demand, and pay or satisfy any judgment that may be rendered against the City in any such action, suit or legal proceedings, or result thereof, regardless whether caused in part by a party indemnified hereunder.
11. Extension of Completion Date. If the construction of the work or improvement should be delayed without fault of Principal, the time for completion thereof may be extended by City for such period of time as City may deem reasonable.
12. Improvement Security. (a) Principal shall obtain and furnish to City an improvement security consisting of a surety bond in favor of City, issued by a corporate surety authorized to do business in the State of California, and in form approved by City, securing the faithful performance by Principal of the work of improvement required, and also securing the payment of the costs and interest, if any, due under Sections 12.030.210 et seq. of the Rancho Cordova Municipal Code, as provided in Paragraph 5 herein and an additional bond issued by a corporate surety authorized to do business in the State of California, in the amount of not less than 50 percent of the total estimated cost of the improvement, securing payment to contractor, his subcontractors, and to persons renting equipment or furnishing labor or materials for the improvement.
(b) In lieu of said corporate surety bonds, Principal may furnish an improvement security consisting of a letter of credit, certificate of deposit, or similar instrument of credit, in form satisfactory to City, issued by a financial institution subject to regulation by the State or Federal government, pledging that the funds necessary to meet the performance required herein are on deposit, and guaranteed for payment on demand. Said letter of credit, certificate of deposit, or similar instrument of credit shall provide that the funds designated therein shall become trust funds for the purposes set forth in said instrument. (c) The failure of Principal to commence the required work of improvements, or to complete the same within the time required after commencement thereof, shall entitle City to the full payment of the security, or so much thereof as may be necessary to complete the required work of improvement. The amount of the surety bond for faithful performance shall be in the sum of $2,695,000. The amount of the surety bond for the payment of the claims of the contractor, his subcontractors, and to persons renting equipment or furnishing labor or materials for the improvement shall be at least 50 percent of the above amount. The letter of credit, certificate of deposit or similar instrument of credit, or cash deposit for faithful performance, shall be in the above amount plus an additional 50 percent for the purposes set forth herein.
ITEM 9.5. ATTACHMENT 2
CONTRACT NO. 2022-229
Subdivision Improvement Agreement Updated: 10/11/21
Between the City of Rancho Cordova and Lennar Homes of California, LLC, 4 13. Improvement Security As Condition Precedent. The furnishing of the improvement security by Principal as required by paragraph 12 hereof shall be a condition precedent to acceptance by City of the above described real property and the performance by the City of the covenants herein on its part to be performed.
14. Inspection of Work In Progress. (a) Principal may request The City Engineer to inspect the work as it progresses. If the work performed is found to be in accordance with the requirements of City, it may be accepted as it progresses and a partial refund of the cash deposit, or a release pro tanto of the faithful performance bond, letter of credit, certificate of deposit or similar instrument of credit shall be made in a sum in the same ratio to the total deposit as the work accepted bears to the total work to be done. No refund in excess of 85 percent of the total amount of the improvement security for faithful performance shall be made until all the work has been completed and accepted.
(b) The determination of the Administrator of Public Works of City as to the amount of work done, and the amount of refund or partial release pro tanto, shall be final and conclusive. When the work of improvement is accepted, 10 percent of the improvement security shall be retained to guarantee faithful performance of the provisions of paragraph 9 of this Agreement.
(c) Improvement security given to secure payment to contractor, his subcontractors and to persons renting equipment or furnishing labor or materials for the work of improvement may, six months after completion and acceptance of the work, be reduced to an amount not less than the total of all claims on which an action has been filed, and notice thereof given in writing to City, and if there are no actions filed, such improvement security may be released in full.
15. Execution By Real Party In Interest. Where title to the subdivision property is held by the record owner thereof under a holding Agreement, this Agreement and the bond given pursuant thereto must be executed by the real party or parties in interest.
16. Waiver of Civil Code Section 2819. Any extension of time hereunder shall not operate to release the surety on the bond filed pursuant to this Agreement. In this connection the surety waives the provisions of Section 2819 of the Civil Code of the State of California.
17. City Construction of Improvements. In the event that all or any portion of the works of improvement contemplated herein are proposed to be constructed by street improvement proceedings under the control of City, the undertaking of such proceedings shall in no way relieve Principal of any duties under this Agreement, except where all of the works of improvement that are required under this Agreement have in fact been constructed and accepted by City.
ITEM 9.5. ATTACHMENT 2
CONTRACT NO. 2022-229
Subdivision Improvement Agreement Updated: 10/11/21
Between the City of Rancho Cordova and Lennar Homes of California, LLC, 5 18. Interest. Interest shall accrue at the highest rate permitted by law on all sums from the date payment is due under the terms of this Agreement and the sum due is certain or reasonably capable of being made certain.
19. Attorneys’ Fees. In the event that it is necessary for the City to enforce the obligations secured by the improvement security furnished pursuant to Paragraph 12 hereof, the City shall be entitled to recover its costs and reasonable expenses and fees, including reasonable attorneys' fees, as provided for in Government Code Section 66499.4.
20. Amendments. This Agreement may be modified or amended, or any of its provisions waived, only by a subsequent written agreement executed by the parties hereto.
21. Entire Agreement. This Agreement and any attachments hereto constitute the sole, final, complete, exclusive and integrated expression and statement of the terms and conditions of this Agreement among the parties hereto concerning the subject matter addressed herein, and supercedes all prior negotiations, representations or agreements, oral or written, that may be related to the subject matter of this Agreement.
22. Construction and Interpretation. It is agreed and acknowledged by the Principal that the provisions of this Agreement have been arrived at through negotiation, and that the Principal has had a full and fair opportunity to revise the provisions of this Agreement and to have such provisions reviewed by legal counsel. Therefore, the normal rule of construction that any ambiguities are to be resolved against the drafting party shall not apply in construing or interpreting this Agreement.
23. Successors and Assigns. This Agreement shall bind and inure to the benefit of the respective successors and assigns of the parties hereto.
24. Time. Time is of the essence in the performance of each and every term of this Agreement.
SIGNATURE PAGE FOLLOWING
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first set forth above, which date shall be considered by the Parties to be the effective date of this Agreement.
ITEM 9.5. ATTACHMENT 2
CONTRACT NO. 2022-229
Subdivision Improvement Agreement Updated: 10/11/21
Between the City of Rancho Cordova and Lennar Homes of California, LLC, 6 CITY OF RANCHO CORDOVA,
California Municipal Corporation
_______________________________
Cyrus Abhar, City Manager
LENNAR HOMES OF CALIFORNIA, LLC.,
a California limited liability company
(as successor-in-interest by conversion to
Lennar Homes of California, Inc., a California
corporation)
________________________________
Larry Gualco, Sr. Vice President
Date: __________________________ Date: ___________________________ ATTEST:
__________________________________
Stacy Leitner, CMC, City Clerk
ITEM 9.5. ATTACHMENT 2
Sheet of 4 1
BEING ALL OF LOT 4 OF THAT CERTAIN
LARGE LOT FINAL MAP OF GRANTLINE 220
FILED FOR RECORD IN BOOK 442 OF MAPS, AT PAGE 13
CITY OF RANCHO CORDOVA,
COUNTY OF SACRAMENTO, STATE OF CALIFORNIA
FINAL MAP OF
GRANTLINE 220 UNIT 4
SUBDIVISION NO. FM-2021-004-04
NOVEMBER 2022
BUILDING RELATIONSHIPS ONE PROJECT AT A TIME
3301 C St, Bldg. 100-B Tel 916.341.7760
Sacramento, CA 95816 Fax 916.341.7767
OWNER'S STATEMENT
SURVEYOR'S STATEMENT
CITY ENGINEER'S STATEMENT
CITY CLERK'S STATEMENT
CITY SURVEYOR'S STATEMENT
NOTARY'S ACKNOWLEDGMENT
No. 64057
IA NR
IF O
OF CAL ET AT S
No. 7723 IA NR IFO
OF CA L ET AT S
RECORDER'S STATEMENT
LENNAR HOMES OF CALIFORNIA, LLC
A CALIFORNIA LIMITED LIABILITY COMPANY
(AS SUCCESSOR-IN-INTEREST BY CONVERSION TO
LENNAR HOMES OF CALIFORNIA, INC., A CALIFORNIA CORPORATION) ITEM 9.5. ATTACHMENT 3
PARAKEET WAY
TOUCAN CIRCLE
LORIKEET WAY
TOUCAN CIRCLE
TOUCAN CIRCLE
GREY OWL WAY
ROSEFINCH WAY
CROSSBILL
WAY
GREY OWL
COURT
Sheet of 4 2
BEING ALL OF LOT 4 OF THAT CERTAIN
LARGE LOT FINAL MAP OF GRANTLINE 220
FILED FOR RECORD IN BOOK 442 OF MAPS, AT PAGE 13
CITY OF RANCHO CORDOVA,
COUNTY OF SACRAMENTO, STATE OF CALIFORNIA
FINAL MAP OF
GRANTLINE 220 UNIT 4
SUBDIVISION NO. FM-2021-004-04
NOVEMBER 2022
BUILDING RELATIONSHIPS ONE PROJECT AT A TIME
3301 C St, Bldg. 100-B Tel 916.341.7760
Sacramento, CA 95816 Fax 916.341.7767
4 NOTES
DETAIL 'A' - SCALE: 1" = 10'-0"
5 SEE DETAIL 'A'
THIS SHEET
REFERENCES:
BASIS OF BEARINGS
LEGEND
6 ITEM 9.5. ATTACHMENT 3
TOUCAN CIRCLE
PARAKEET WAY
LORIKEET WAY
TOUCAN CIRCLE
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Sheet of 4 3
BEING ALL OF LOT 4 OF THAT CERTAIN
LARGE LOT FINAL MAP OF GRANTLINE 220
FILED FOR RECORD IN BOOK 442 OF MAPS, AT PAGE 13
CITY OF RANCHO CORDOVA,
COUNTY OF SACRAMENTO, STATE OF CALIFORNIA
FINAL MAP OF
GRANTLINE 220 UNIT 4
SUBDIVISION NO. FM-2021-004-04
NOVEMBER 2022
BUILDING RELATIONSHIPS ONE PROJECT AT A TIME
3301 C St, Bldg. 100-B Tel 916.341.7760
Sacramento, CA 95816 Fax 916.341.7767
ITEM 9.5. ATTACHMENT 3
PARAKEET
WAY
TOUCAN CIRCLE
LORIKEET WAY
TOUCAN CIRCLE
GREY OWL COURT
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Sheet of 4 4
BEING ALL OF LOT 4 OF THAT CERTAIN
LARGE LOT FINAL MAP OF GRANTLINE 220
FILED FOR RECORD IN BOOK 442 OF MAPS, AT PAGE 13
CITY OF RANCHO CORDOVA,
COUNTY OF SACRAMENTO, STATE OF CALIFORNIA
FINAL MAP OF
GRANTLINE 220 UNIT 4
SUBDIVISION NO. FM-2021-004-04
NOVEMBER 2022
BUILDING RELATIONSHIPS ONE PROJECT AT A TIME
3301 C St, Bldg. 100-B Tel 916.341.7760
Sacramento, CA 95816 Fax 916.341.7767
SEE DETAIL 'A' - SHEET 2
ITEM 9.5. ATTACHMENT 3
VICINITY MAP OF
GRANTLINE 220 UNIT 4
SUBDIVISION NO. FM-2021-004-04
¯
0 125 250
Feet
Aerial Photo Date: March 2018
DOUGLAS RD
GRANT LINE RD
RANCHO CORDOVA PKWY
LOCATION MAP
Path: X:\GIS_Staff\PROJECTS\PUBLIC_WORKS\DEVELOPMENT\SUBDIVISIONS\Grantline 220 Unit 4\Grantline_220_Unit_4.mxd | Date: 11/4/2022 DETAIL
AREA
ITEM 9.5. ATTACHMENT 4
MEMORANDUM
City Council Staff Report - Page 1 of 2
ITEM 9.6.
DATE: November 21, 2022
TO: Honorable Mayor and Council Members
FROM: Albert Stricker, Public Works Director
Dalia Fadl, Principal Engineer
SUBJECT: A RESOLUTION APPOINTING AUTHORIZED AGENTS ON BEHALF
OF THE CITY OF RANCHO CORDOVA TO EXECUTE THE MONIER
CIRCLE DETENTION BASIN GRANT- FEMA’S OBLIGATION FOR
HAZARD MITIGATION PROJECT DR4558-PJ0632 (CITY OF RANCHO
CORDOVA STORMWATER DETENTION BASIN) AND HAZARD
MITIGATION PROJECT DR4558-PJ0629 (CITY OF RANCHO
CORDOVA PUMP STATION GENERATORS)
RECOMMENDATION
Adopt the Resolution.
RESULT OF RECOMMENDED ACTION
Adoption of the Resolution will authorize the Public Works Director and Principal Engineer to execute all required documents and invoices related to this FEMA grant.
BACKGROUND
FEMA’s Hazard Mitigation Grant Program (HMGP) provides funding to state, local, tribal and territorial governments so they can develop hazard mitigation plans and rebuild in a way that reduces, or mitigates, future disaster losses in their communities. The City of Rancho Cordova applied for, and received, two HMGP grants. The first grant, in the amount of $200,000, will help purchase backup generators for four of the City's pump stations.The generators' grant was awarded to the City in July 2022- see Attachment 1. The second grant, in the amount of $2,250,000 will fund design and construction of a flood control basin on Monier Circle and Sunrise Blvd, which will reduce historic local flooding in that area. The detention basin grant was awarded to the City in October 2022- see Attachment 2.
Approval of the Resolution will authorize the Public Works Director and Principal Eningeer to execute all grant documents, enter into any required agreements, and be designated as duly authorized representatives of the City of Rancho Cordova.
FISCAL IMPACT AND FUNDING SOURCE
City Council Staff Report - Page 2 of 2
This project has no impact on the General Fund. Funding for these grant projects will be provided by the FEMA grant, and match funds will be provided by the City's Stormwater Enterprise fund.
ATTACHMENT(S)
1. Resolution
2. Award Letter- Generators
3. Award Letter- Detention Basin Project
ITEM 9.6. ATTACHMENT 1
Resolution No. XX-2022 Page 1 of 2
CITY OF RANCHO CORDOVA
RESOLUTION NO. XX-2022
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CORDOVA, STATE
OF CALIFORNIA, APPOINTING AUTHORIZED AGENTS ON BEHALF OF THE CITY OF RANCHO CORDOVA TO EXECUTE THE MONIER CIRCLE DETENTION BASIN GRANTFEMA’S OBLIGATION FOR HAZARD MITIGATION PROJECT DR4558-PJ0632 (CITY OF
RANCHO CORDOVA STORMWATER DETENTION BASIN) AND HAZARD MITIGATION PROJECT DR4558-PJ0629 (CITY OF RANCHO CORDOVA PUMP STATION
GENERATORS)
WHEREAS, FEMA’s Hazard Mitigation Grant Program (HMGP) provides funding to state, local, tribal and territorial governments so they can develop hazard mitigation plans and rebuild in a way that reduces, or mitigates, future disaster losses in their communities; and WHEREAS, in 2021, the City of Rancho Cordova applied for two HMGP grants; and WHEREAS, Hazard Mitigation Project DR4558-PJ0629 (City of Rancho Cordova Pump Station Generators) was awarded to the City in July 2022 in the amount of $200,000; and WHEREAS, Hazard Mitigation Project DR4558-PJ0632 (City of Rancho Cordova Stormwater Detention Basin) for the Monier Circle detention basin was awarded to the City in October 2022 in the amount of $2,250,000;
NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF RANCHO CORDOVA THAT the Public Works Director, or Public Works Principal Engineer is hereby authorized to execute for and on behalf of the City of Rancho Cordova, a public entity established under the laws of the State of California, this application and to file it with the California Governor’s Office of Emergency Services for the purpose of obtaining federal financial assistance for the following:
• Hazard Mitigation Grant Program (HMGP).
• Flood Mitigation Assistance Program (FMA), under Section 1366 of the National Flood Insurance Act of 1968.
That the City of Rancho Cordova, a public entity established under the laws of the State of California, hereby authorizes its agent(s) to provide to the Governor’s Office of Emergency Services for all matters pertaining to such state disaster assistance the assurances and agreements required. This is a disaster/grant specific resolution and is effective for only disaster/grant number(s): DR4558-PJ0632 and DR4558-PJ0629.
PASSED AND ADOPTED by the City Council of the City of Rancho Cordova on the 21st day of November 2022 by the following vote:
AYES:
NOES:
ABSENT:
ITEM 9.6. ATTACHMENT 1
Resolution No. XX-2022 Page 2 of 2
ABSTAIN:
ATTEST:
Donald Terry, Mayor
Stacy Leitner, CMC
City Clerk
U.S. Department of Homeland Security
Region 9
1111 Broadway, Suite 1200
Oakland, California 94607
www.fema.gov
May 18, 2022
Mark S. Ghilarducci
Director
Governor’s Authorized Representative
California Governor’s Office of Emergency Services
3650 Schriever Avenue
Mather, California 95655
Reference: Application Approval, HMGP DR-4558-629-7F
City of Rancho Cordova
City of Rancho Cordova Pump Station Generator Mitigation Project FIPS Code: 067-59444, Supplement 6
Dear Mr. Ghilarducci:
We approve and issue Hazard Mitigation Grant Program (HMGP) funds for the City of Rancho Cordova, HMGP DR-4558-629-7F, City of Rancho Cordova Pump Station Generator Mitigation Project.
The total project cost is $266,244. As shown in the enclosed Obligation Report - Supplement 6, we are obligating $199,683 for the 75 percent Federal share; the 25 percent non-Federal share is $66,561. These funds are available in SmartLink for immediate and eligible disbursements. The following is a summary of the approved funding:
Total Project Cost: Federal Share (75%): Non-Federal Share (25%):
$266,244 $199,683 $66,561
This HMGP project approval and obligation of funds are subject to the following conditions:
1. Scope of Work (SOW) – The City of Rancho Cordova is to install four generators at four existing pump stations: Sunriver Pump Station; Citrus Road Pump Station; West Coloma Pump Station; and Mather Industrial Pump Station. No ground disturbance is planned, as generators will be installed at currently operating pumping stations with existing infrastructure, and the fuel tanks for the generators will be installed above ground.
2. Project Completion Date – The work schedule included with the project application indicates that the project will take 24 months to complete; therefore, the project completion date is May 18, 2024. Please inform the sub-recipient that work completed after this date is not eligible for
Mr. Ghilarducci
May 18, 2022
federal funding, and that federal funds may be de-obligated for work completed outside the completion date when there is no approved time extension.
3. Project Closeout – Within 120 days of project completion, all project funds must be liquidated and final closeout documentation for the project must be submitted to FEMA. Please note the project must comply with Code of Federal Regulations Title 2, Part 200 reporting requirements at the time of closeout.
4. Record of Environmental Considerations (REC) – FEMA has determined that the project is covered by Categorical Exclusion (CATEX) N8 for "Federal Assistance for New Construction Activities of Less Than One Acre in Undisturbed or Undeveloped Areas." CATEX N18 covers Federal assistance for new construction and associated site preparation activities in undisturbed or undeveloped areas when the activities comprise less than one acre and follow best management practices to control noise, water, and air pollution. The project site size is 0.33 acres, which is less than the one acre size limitation on the CATEX and the project meets the criteria listed above. There are no floodplains or wetlands in the project area and there would be no effect on floodplains or wetlands. Failure to comply with these conditions may jeopardize federal assistance including funding. Please reference the enclosed REC for further information.
5. Standard Conditions – This project approval is subject to the enclosed Standard Mitigation Grant Program (HMGP) Conditions, amended August 2018. Please note that federal funds may be de-obligated for work that does not comply with these conditions.
If you have any questions or need further assistance please contact Aaron Lim, Hazard Mitigation Assistance Specialist, by email [email protected], or phone (510) 627-7036.
Sincerely,
Kathryn Lipiecki
Director, Mitigation Division
FEMA Region 9
Enclosures (4):
Obligation Report - Supplement 6
Project Management Report
Record of Environmental Consideration (REC)
Standard Mitigation Grant (HMGP) Conditions
cc:
Jennifer Hogan, State Hazard Mitigation Officer, California Governor’s Office of Emergency Services
Jacy Hyde Ph.D., Branch Chief, California Governor’s Office of Emergency Services Robert McCord, Chief, Hazard Mitigation Assistance Branch, FEMA Region 9
Obligation
HAZARD MITIGATION GRANT PROGRAM
FEDERAL EMERGENCY MANAGEMENT AGENCY HMGP-OB-01
State Recipient
Disaster
No
Supplemental
No
Action
No
State
Application ID
Amendment
No
FEMA
Project No
4558 - 0 629 1 6 CA Statewide
Subrecipient: Rancho Cordova (Mills) Project Title : 5% City of Rancho Cordova Pump Station Generator Subrecipient FIPS Code: 067-59444
7 F
1:29 PM
5/6/2022
FY Subrecipient Management Project Amount Cost Amount Total Obligation IFMIS Date IFMIS Status $199,683.00 $0.00 $199,683.00 05/05/2022 Accept 2022
Comments
Comment: Approved funding for HMGP 4558-629-7F-Sacramento County-5% City of Rancho Cordova Pump Station Generator-$199,683.00.
Date: 05/05/2022 User Id: SSCOTT39
STEVEN SCOTT
AARON LIM
Authorization
Preparer Name:
HMO Authorization Name:
Preparation Date: 05/05/2022
HMO Authorization Date: 05/05/2022
Total Amount
Previously Allocated
Total Amount
Previously Obligated
Total Amount
Pending Obligation
Total Amount Available
for New Obligation
$0.00 $0.00 $199,683.00 $199,683.00
FEMA
Project Number
Amendment State Recipient
Number
Disaster App ID
Number
7 -F
Rancho Cordova (Mills)
067-59444
Subrecipient:
FIPS Code: Project Title : 5% City of Rancho Cordova Pump Station Generator 4558 0 629 CA Statewide
FEDERAL EMERGENCY MANAGEMENT AGENCY HMGP-AP-01
HAZARD MITIGATION GRANT PROGRAM
05/06/2022
1:33 PM
Project Management Report
Approved Amounts
Total Approved
Net Eligible
Total Approved
Non-Fed Share Amount
Federal
Share Percent
Non-Federal
Share Percent
Total Approved
Federal Share Amount
$266,244.00 75.000000000 $199,683.00 25.00000000 $66,561.00 FY
Allocations
Allocation
Number
IFMIS
Status
Proj Alloc Amount
Fed Share
IFMIS
Date
Submission
Date
ES/DFSC
Support Req
ID
ES/DFSC
Amend Nr
Total
Alloc Amount
Subrecipient
Management Cost
7 A 05/05/2022 05/05/2022 2022 7487537 3 $199,683.00 $0.00 $546,933.00 Total $199,683.00 $0.00 $546,933.00
Obligations
Action
Nr
IFMIS
Status
IFMIS
Date
SFS Amend
Number
Submission
Date FY
SFS Support
Req ID
Project Obligated
Amt - Fed Share
Total Obligated
Amount
Subrecipient
Management Cost
Suppl
Nr
1 A 05/05/202205/05/2022 2022 7636660 0 6 $199,683.00 $0.00 $199,683.00 Total $199,683.00 $0.00 $199,683.00
Work Schedule Status
Amend # Description Time Frame Due Date Revised Date Completion Date 0 Admin: Execute Grant Funding Agreement & Kick-off M 2 Months 00/00/0000 00/00/0000 00/00/0000 0 Environmental Clearance 6 Months 00/00/0000 00/00/0000 00/00/0000 0 Generator Procurement 3 Months 00/00/0000 00/00/0000 00/00/0000 0 Open Bids and Award Contract 2 Months 00/00/0000 00/00/0000 00/00/0000 0 Construction: Order Generator & Prodcut Lead Time 4 Months 00/00/0000 00/00/0000 00/00/0000 0 ruction: Sunriver Pump Station Generator & ATS Insta 1 Week 00/00/0000 00/00/0000 00/00/0000 0 ruction: Citrus Rd Pump Station Generator & ATS Insta 1 Week 00/00/0000 00/00/0000 00/00/0000 0 uction: W. Coloma Pump Station Generator & ATS Inst 1 Week 00/00/0000 00/00/0000 00/00/0000 0 uction:Mather Ind Pump Station Generator & ATS Insta 1 Week 00/00/0000 00/00/0000 00/00/0000 0 Project Close-out and Record Drawing 1 Month 00/00/0000 00/00/0000 00/00/0000 0 Grant Close-out 3 Month 00/00/0000 00/00/0000 00/00/0000 Approved
Project Title :
Recipient Place Code :
Recipient Place Name :
Recipient County Code :
Recipient County Name :
Recipient :
Project Closeout Date :
67 Sacramento
Statewide
Rancho Cordova (Mills)
0 00/00/0000
5% City of Rancho Cordova Pump Station Generator
Subrecipient Place Code :
Subrecipient Place Name :
Subrecipient County Code :
Subrecipient County Name :
Subrecipient :
59444
Rancho Cordova (Mills)
Sacramento
67 Rancho Cordova (Mills)
Approval Status: Approved
Mitigation Project Description
Amendment Status :
04/15/2022 REC-01 FEDERAL EMERGENCY MANAGEMENT AGENCY
00:19:10
RECORD OF ENVIRONMENTAL CONSIDERATION (REC)
Project
Title:
HMGP-4558-0007-CA (4558-629-7) (1)
5% City of Rancho Cordova Pump Station Generators
Non Compliant Flag:
Level:
EA Draft Date: EA Final Date:
EA Public Notice Date: EA Fonsi
EIS Notice of Intent EIS ROD Date:
No
CATEX
Comment The City of Rancho Cordova is proposing to install four generators to support stormwater pump stations during emergency events at four existing pump stations: Sunriver Pump Station (38.61923489, - 121.282637); Citrus Road Pump Station (38.61060377, -121.2644354); West Coloma Pump Station (38.58824871, -121.3242804); and Mather Industrial Pump Station (38.56290828, -121.3176344). No ground disturbance is planned, as generators will be installed at currently operating pumping stations with existing infrastructure, and the fuel tanks for the generators will be installed above ground. Staging was not specified but it may be assumed that existing roads and facilities will be used.
FEMA has determined that the project is covered by Categorical Exclusion (CATEX) N8 for "Federal Assistance for New Construction Activities of Less Than One Acre in Undisturbed or Undeveloped Areas." CATEX N18 covers Federal assistance for new construction and associated site preparation activities in undisturbed or undeveloped areas when the activities comprise less than one acre and follow best management practices to control noise, water, and air pollution. The project site size is 0.33 acres, which is less than the one acre size limitation on the CATEX and the project meets the criteria listed above. There are no floodplains or wetlands in the project area and there would be no effect on floodplains or wetlands.
- joneal4 - 04/13/2022 21:50:21 GMT
NEPA DETERMINATION
Catex Category Code Description Selected
(*n18) Federal Assistance for Construction or Installation of Structures, Facilities, or Equipment to Ensure Continuity of Operations. Federal assistance for the construction or installation of measures for the purpose of ensuring the continuity of operations during incidents such as emergencies, disasters, flooding, and power outages involving less than one acre of ground disturbance.
Examples include the installation of generators, installation of storage tanks of up to 10,000 gallons, installation of pumps, construction of structures to house emergency equipment, and utility line installation. This CATEX covers associated ground disturbing activities, such as trenching, excavation, and vegetation removal of less than one acre, as well as modification of existing structures.
*n18 Yes
CATEX CATEGORIES
Extraordinary Circumstance Code Description Selected ?
No Extraordinary Circumstances were selected
EXTRAORDINARY
Environmental Law/
Executive Order Status Description Comment
ENVIRONMENTAL LAW / EXECUTIVE ORDER
NOTE: All times are GMT using a 24-hour clock. Page 1 of 4
04/15/2022 REC-01 FEDERAL EMERGENCY MANAGEMENT AGENCY
00:19:10
RECORD OF ENVIRONMENTAL CONSIDERATION (REC)
Project
Title:
HMGP-4558-0007-CA (4558-629-7) (1)
5% City of Rancho Cordova Pump Station Generators
Environmental Law/
Executive Order Status Description Comment
Clean Air Act (CAA) Project is located in a non-attainment area The project is located in Sacramento County that is within a nonattainment area for PM 2.5 (2006),
and 8 hr Ozone (2008, 2015) according to the
U.S. Environmental Protection Agency (USEPA):
https://www3.epa.gov/airquality/greenbook/anay
o_ca.html updated June 30th, 2021. Based on
the scope of work, the potential emissions from
project activities are clearly below de minimis
thresholds for the General Conformity Rule.
Thus, the project is exempt from a conformity
determination. See condition. - joneal4 -
04/13/2022 21:47:26 GMT
Completed
Coordination required with applicable state
administering agency - Review concluded
Completed
Coastal Barrier Resources Act
(CBRA)
Project is not on or connected to CBRA Unit
or otherwise protected area - Review
concluded
Completed
Clean Water Act (CWA) Project would not affect any water of the U.S. - Review concluded
The National Wetlands Inventory (NWI) does not
identify any streams, waterbodies, or wetlands in
the project area. This project would not affect
Waters of the U.S.; therefore, coordination with
the U.S. Army Corps of Engineers is not
required. - joneal4 - 04/13/2022 21:46:57 GMT
Completed
Coastal Zone Management Act
(CZMA)
Project is not located in a coastal zone area
and does not affect a coastal zone area -
Review concluded
The project site is not in a coastal zone area and
would not affect a coastal zone area. The project
site is more than 93 miles inland from the
California coastline. - joneal4 - 04/13/2022
21:46:47 GMT
Completed
Executive Order 11988 -
Floodplains
No effect on floodplain/flood levels and
project outside floodplain - Review concluded
Based on the FEMA Flood Insurance Rate Map
(FIRM) panel 06067C0207H, 06067C0206H,
and 06067C0205H (effective 08/16/2012), all
project activities would occur in Zone X, an area
of minimal flood hazard. The 8-Step process for
floodplains is not required. - joneal4 - 04/13/2022
21:49:03 GMT
Completed
Executive Order 11990 -
Wetlands
No effects on wetlands and project outside
wetlands - Review concluded
Based on a review of the USFWS National
Wetlands Inventory database (reviewed
04/12/2022), project activities are not in nor
would they affect wetland resources. The 8-Step
process for wetlands is not required. - joneal4 -
04/13/2022 21:49:22 GMT
Completed
Executive Order 12898 -
Environmental Justice for Low
Income and Minority Populations
Low income or minority population in or near
project area
According to the Environmental Protection
Agency's Environmental Justice Screening and
Mapping Tool (Version 2020), there are no
minority or low-income populations within 1 mile
of the project area. This
Completed
NOTE: All times are GMT using a 24-hour clock. Page 2 of 4
04/15/2022 REC-01 FEDERAL EMERGENCY MANAGEMENT AGENCY
00:19:10
RECORD OF ENVIRONMENTAL CONSIDERATION (REC)
Project
Title:
HMGP-4558-0007-CA (4558-629-7) (1)
5% City of Rancho Cordova Pump Station Generators
Environmental Law/
Executive Order Status Description Comment
project would not result in disproportionately high
and adverse impacts on low income or minority
populations. - joneal4 - 04/13/2022 21:49:35
GMT
No disproportionately high and adverse
impact on low income or minority population -
Review concluded
Completed
Endangered Species Act (ESA) Listed species and/or designated critical habitat present in areas affected directly or
indirectly by the federal action
The proposed project will not destroy or
adversely modify suitable habitat and will not
affect any other listed or proposed species under
the jurisdiction of the US Fish and Wildlife
Service or the National Marine Fisheries Service
(the Services). It is therefore determined the
proposed project would have "No Effect" on
listed species and consultation with the Services
under Section 7 of the Endangered Species Act
is not required. See attached No Effect
Determination. - joneal4 - 04/13/2022 21:45:10
GMT
Completed
No effect to species or designated critical
habitat (See comments for justification) -
Review concluded
Completed
Farmland Protection Policy Act
(FPPA)
Project does not affect designated prime or
unique farmland - Review concluded
The project is located in Urban or Built-up Land
and Other Land categories according to the
California Important Farmland Finder. As a
result, the project would not result in the
conversion of, or other adverse impacts to, prime
or unique farmland. - joneal4 - 04/13/2022
21:47:58 GMT
Completed
Fish and Wildlife Coordination
Act (FWCA)
Project does not affect, control, or modify a
waterway/body of water - Review concluded
Completed
Migratory Bird Treaty Act (MBTA) Project located within a flyway zone The project is in the Pacific Flyway; however, based on the activities associated with this
scope of work, there is no potential for take of
migratory birds. - joneal4 - 04/13/2022 21:48:09
GMT
Completed
Project does not have potential to take
migratory birds - Review concluded
Completed
Magnuson-Stevens Fishery
Conservation and Management
Act (MSA)
Project not located in or near Essential Fish
Habitat - Review concluded
Completed
National Historic Preservation Act
(NHPA)
Applicable executed Programmatic
Agreement. Activity meets Programmatic
Allowance (enter date and # in comments) -
Review concluded
The Undertaking was reviewed by Allison Miller
Simonds, who meets the applicable Secretary of
the Interior Professional Qualifications in
accordance with Stipulation I.B.1.a. of the
Programmatic
Completed
NOTE: All times are GMT using a 24-hour clock. Page 3 of 4
04/15/2022 REC-01 FEDERAL EMERGENCY MANAGEMENT AGENCY
00:19:11
RECORD OF ENVIRONMENTAL CONSIDERATION (REC)
Project
Title:
HMGP-4558-0007-CA (4558-629-7) (1)
5% City of Rancho Cordova Pump Station Generators
Environmental Law/
Executive Order Status Description Comment
Agreement among the Federal Emergency
Management Agency (FEMA), State Historic
Preservation Office (SHPO) and California Office
of Emergency Services (Cal OES) signed
October 29, 2019. The Undertaking complies
with Programmatic Allowance II.D.2(a):
Generators and Utilities - Installation of
generators, HV AC systems, and similar
equipment provided activities occur within
previously disturbed soils (Appendix B) of the
Agreement. Thus, the Undertaking does not
require SHPO review or notification per
Stipulation II.A.1. of the Agreement. - joneal4 -
04/13/2022 21:45:45 GMT
Wild and Scenic Rivers Act
(WSR)
Project is not along and does not affect Wild
and Scenic River - Review concluded
According to the National Wild and Scenic River
System database, the closest National Wild and
Scenic River is more than 42 miles northeast of
the project area. - joneal4 - 04/13/2022 21:48:34
GMT
Completed
Special Conditions required on implementation of Projects:
Clean Air Act (CAA)
The Subgrantee is responsible for complying with all other applicable subparts of the CAA. Failure to comply with these conditions may jeopardize federal assistance including funding. Any change to the approved scope of work will require re-evaluation for compliance with the Clean Air Act.
Source of condition: Monitoring Required: No
Standard Conditions:
Any change to the approved scope of work will require re-evaluation for compliance with NEPA and other Laws and Executive Orders.
This review does not address all federal, state and local requirements. Acceptance of federal funding requires recipient to comply with all federal, state and local laws. Failure to obtain all appropriate federal, state and local environmental permits and clearances may jeopardize federal funding.
If ground disturbing activities occur during construction, applicant will monitor ground disturbance and if any potential archeological resources are discovered, will immediately cease construction in that area and notify the State and FEMA.
CONDITIONS
NOTE: All times are GMT using a 24-hour clock. Page 4 of 4
1 Standard Mitigation Grant Program (HMGP) Conditions
FEMA Region IX, August, 2018
The following list applies to Recipients and Subrecipients accepting HMGP funds from the Federal Emergency Management Agency (FEMA) of the Department of Homeland Security (DHS):
1. Applicable Federal, State, and Local Laws and Regulations. The Recipient/Subrecipient must comply with all applicable Federal, State, and Local laws and regulations, regardless of whether they are on this list or other project documents. DHS financial assistance Recipients and Subrecipients are required to follow the provisions of the State HMGP Administrative Plan, applicable Hazard Mitigation Assistance Uniform Guidance, and Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards located in Title 2 of the Code of Federal Regulations (CFR) Part 200, adopted by DHS in 2 CFR 3002.
2. Financial Management Systems. The Recipient and Subrecipient must maintain financial management systems to account for and track funds, as referenced in 2 CFR 200.302.
3. Match or Cost Share. Non-federal match or cost share must comply with 2 CFR 200.306, the scope of work (SOW), and any agreements among the Subrecipient, the Recipient, and FEMA.
4. Budget Changes. Unanticipated adjustments are permitted within the approved total cost. However, if costs exceed the federal share, the Subrecipient must notify the Governor’s Authorized Representative (GAR) of overruns before implementation. The GAR shall submit a written request for approval to FEMA Region IX. The subaward must continue to meet HMGP requirements, including cost effectiveness and cost share. Refer to 2 CFR 200.308 for additional information.
5. Real Property and Land. The acquisition, use, and disposition must comply with 2 CFR 200.311.
6. Equipment. The acquisition, use, and disposition must comply with 2 CFR 200.313.
7. Supplies. Upon project completion, FEMA must be compensated for unused supplies, exceeding $5,000 (fair market value), and not needed for other federal programs. Refer to 2 CFR 200.314.
8. Procurement. Procurement procedures must be in conformance with 2 CFR 200.318-320.
9. Monitoring and Reporting Program Performance. The Recipient and Subrecipient must submit quarterly progress reports, as referenced in the 2 CFR 200.328 and State HMGP Administrative Plan.
10. Records Retention. In accordance with 2 CFR 200.333, financial/ programmatic records related to expenditures must be maintained at least 3 years after the date of Recipient’s final expenditure report.
11. Enforcement and Termination. If the Recipient or Subrecipient fails to comply with the award or subaward terms, whether stated in a Federal statute or regulation, the State HMGP Administrative Plan, subpplication, a notice of award, an assurance, or elsewhere, FEMA may take one or more of the actions outlined in 2 CFR 200.338, including termination or partial termination of the award or subaward outlined in 2 CFR 200.339.
12. Allowable Costs. Funds are to be used for allowable costs in compliance with 2 CFR 200.403, the approved SOW, and any agreements among the Subrecipient, Recipient, and FEMA.
2 13. Non-Federal Audit. The Recipient and Subrecipient are responsible for obtaining audits in accordance with the Single Audit Act of 1984, in compliance with 2 CFR 200.501.
14. Debarred and Suspended Parties. Recipients and Subrecipients are subject to the non-procurement debarment and suspension regulations implementing Executive Orders 12549 and 12689, and 2 CFR 180. These regulations restrict federal financial assistance awards, subawards, and contracts with parties that are debarred, suspended, or otherwise excluded from or ineligible for participation in the federal assistance programs or activities.
15. Equipment Rates. Rates claimed for use of Subrecipient-owned equipment in excess of the FEMAapproved rates must be approved under State guidelines issued by the State Comptroller's Office or must be certified by the Recipient to include only those costs attributable to equipment usage less any fixed overhead and/or profit.
16. Duplication of Funding between Public Assistance (PA) and HMGP. Funding for PA Section 406 and HMGP Section 404 are permitted on the same facility/location, but the activities identified under each program must be distinct with separately accounted funds. At closeout, FEMA may adjust the funding to ensure the Subrecipient was reimbursed for eligible work from only one funding source.
17. Historic Properties and Cultural Resources. In compliance with 2 CFR 800, if a potential historic property or cultural resource is discovered during construction, the Subrecipient must cease work in the area and take all reasonable measures to avoid or minimize harm to the discovered property/resource. During construction, the Subrecipient will monitor ground disturbance activity, and if any potential archeological resources are discovered, will immediately cease work in that area, and notify the Recipient and FEMA. Construction in the area may resume with FEMA’s written approval after FEMA’s consultation, if applicable, with the State Historic Preservation Officer (SHPO).
18. NEPA and Changes to the Scope of Work (SOW). To comply with the National Environmental Policy Act (NEPA), and other Laws and Executive Orders, any change to the approved SOW shall be re-evaluated before implementation. Construction associated with a SOW change, prior to FEMA approval, may be ineligible for funding. Acceptance of federal funding requires environmental permits and clearances in compliance with all appropriate federal, state and local laws, and failure to comply may jeopardize funding.
Within their authority, the Recipient and Subrecipient must use of all practicable means, consistent with other essential policies, to create and maintain productive harmony for people and nature, and fulfill the social, economic, and other needs of present and future generations of Americans.
U.S. Department of Homeland Security
FEMA Region 9
1111 Broadway, Suite 1200
Oakland, CA 94607
www.fema.gov
October 7, 2022
Mark S. Ghilarducci, Director
Governor’s Authorized Representative
California Governor’s Office of Emergency Services
3650 Schriever Avenue
Mather, CA 95655
Reference: Application Approval, HMGP DR-4558-632-033R
City of Rancho Cordova
City of Rancho Cordova Stormwater Detention Basin, Phase 1 FIPS Code: 067-59444, Supplement 57
Dear Mark Ghilarducci:
We approve and issue Hazard Mitigation Grant Program (HMGP) funds for the City of Rancho Cordova (sub-recipient), HMGP DR-4558-632-033R, City of Rancho Cordova Stormwater Detention Basin, Phase 1.
The total project cost for Phase 1 is $450,000.00. As shown in the enclosed Obligation Report - Supplement 57, we are obligating $337,500.00 for the 75 percent Federal share; the 25 percent nonFederal share is $112,500.00. We are obligating $22,500.00 for the 100% Federal share Subrecipient Management Costs. These funds are available in SmartLink for immediate and eligible disbursements. The following is a summary of the approved funding:
Project Phase: Federal Share: Non-Federal Share: Total Project Cost:
Phase 1,
Supplement 57
$337,500.00 $112,500.00 $450,000.00
Phase 1,
Management Costs
$22,500.00 $0 $22,500.00
This HMGP project approval and obligation of funds are subject to the following conditions:
1. Scope of Work (SOW) – Phase 1 will include environmental and historic preservation (EHP) actions, development of the 60 percent project design, specifications, and the required permitting required to build a stormwater detention basin to mitigate flooding along Sunrise Boulevard between Monier Circle and Mechanical Drive. In addition, the City of Rancho Cordova will provide an updated cost estimate and final benefit cost analysis. Overall, the project will mitigate against roadway flooding during 100-year, 24-hour events within the project area.
Mark S. Ghilarducci
October 7, 2022
The following Phase 1 activities and deliverables are expected:
Please provide the above-referenced deliverables once completed to the assigned FEMA Hazard Mitigation Assistant (HMA) Specialist for review and inclusion within the official grant file.
2. Phase 1 Completion Date – The work schedule included with the project application indicates that Phase 1 will take 15 months to complete; therefore, the Phase 1 completion date is January 7, 2024. All Phase 1 project deliverables must be submitted to the assigned FEMA HMA Specialist by the Phase 1 completion date. Please inform the sub-recipient that work completed after this date is not eligible for Federal funding, and that Federal funds may be deobligated for work completed outside the completion date when there is no approved time extension.
3. Phase 2 Approval – Please inform the sub-recipient that Phase 2 approval is contingent on programmatic review and Environmental and Historical Preservation (EHP) approval. Phase 2 activities may not commence until written approval has been received. Any Phase 2 activities completed prior to approval may be de-obligated. In addition, if Phase 2 is unapproved, Federal funds may be de-obligated for previously completed Phase 1 activities.
4. Record of Environmental Considerations (REC) – Phase 1 (Design) of this project has been determined to be Categorically Excluded from the need to prepare either an Environmental Assessment or an Environmental Impact Statement in accordance with FEMA Instruction 108-1-1 and FEMA Directive 108-1-1 as authorized by DHS Instruction Manual 023-01-001-01, Revision 1. Categorical Exclusions A4 (information gathering, data analysis and processing, information dissemination, review, interpretation, and development of documents) and A7 (commitment of resources, personnel, and funding to conduct audits, surveys, and data collection) have been applied. Particular attention should be given to the project conditions before and during project implementation. Failure to comply with these conditions may jeopardize federal assistance including funding. Please reference the enclosed REC for further information.
5. Standard Conditions – This project approval is subject to the enclosed Standard Mitigation Grant Program (HMGP) Conditions, amended August 2018. Please note that Federal funds may be de-obligated for work that does not comply with these conditions.
Phase 1 Activity Estimated Timeline
EHP Documents 8 months
60% Designs and Specifications 8 months
Permitting 8 months
Revised Cost Estimate 2 months
Final Benefit Cost Analysis 2 months
Mark S. Ghilarducci
October 7, 2022
If you have any questions, please contact Emily Baumgartner, Sr. Grants Management Specialist, by email [email protected], or phone (202) 322-5375.
Sincerely,
Kathryn Lipiecki
Director, Mitigation Division
FEMA Region 9
Enclosures (3):
Obligation Report - Supplement 57
Record of Environmental Considerations (REC)
Standard Mitigation Grant (HMGP) Conditions
cc: Jennifer Hogan, State Hazard Mitigation Officer, California Governor’s Office of Emergency Services
Jacy Hyde, Ph.D., Branch Chief, California Governor’s Office of Emergency Services Robert McCord, Chief, Hazard Mitigation Assistance Branch, FEMA Region 9 for
Obligation
HAZARD MITIGATION GRANT PROGRAM
FEDERAL EMERGENCY MANAGEMENT AGENCY HMGP-OB-01
State Recipient
Disaster
No
Supplemental
No
Action
No
State
Application ID
Amendment
No
FEMA
Project No
4558 - 0 632 1 57 CA Statewide
Subrecipient: Rancho Cordova (Mills) Project Title : City of Rancho Cordova Stormwater Detention Basin Subrecipient FIPS Code: 067-59444
33 R
8:06 AM
10/7/2022
FY Subrecipient Management Project Amount Cost Amount Total Obligation IFMIS Date IFMIS Status $337,500.00 $22,500.00 $360,000.00 10/06/2022 Accept 2023 Comments
Comment: Approved funding for HMGP 4558-632-033R-Sacramento County-Rancho Cordova Stormwater Detention Basin (Phase I)-Federal Share-$337,500.00-Sub Recipient Management Cost-$22,500.00 Date: 10/06/2022 User Id: SSCOTT39
STEVEN SCOTT
EMILY BAUMGARTNER
Authorization
Preparer Name:
HMO Authorization Name:
Preparation Date: 10/06/2022
HMO Authorization Date: 10/06/2022
Total Amount
Previously Allocated
Total Amount
Previously Obligated
Total Amount
Pending Obligation
Total Amount Available
for New Obligation
$0.00 $0.00 $337,500.00 $337,500.00
05/09/2022 REC-01 FEDERAL EMERGENCY MANAGEMENT AGENCY
23:56:22
RECORD OF ENVIRONMENTAL CONSIDERATION (REC)
Project
Title:
HMGP-4558-0033-CA (4558-632-033) (1)
Rancho Cordova Stormwater Detention Basin (Phase 1)
Non Compliant Flag:
Level:
EA Draft Date: EA Final Date:
EA Public Notice Date: EA Fonsi
EIS Notice of Intent EIS ROD Date:
No
CATEX
Comment The City of Rancho Cordova proposes to construct a stormwater detention basin adjacent to an existing drainage channel to mitigate flooding along Sunrise Boulevard between Monier Circle and Mechanical Drive. The proposed project includes excavation and construction of the detention basin, construction of a weir to connect the detention basin to the drainage channel, and installation of a pump station to convey collected stormwater out of the detention basin. The project will be implemented in phases:
Phase 1 for engineering, initial design, and permitting, and Phase 2 for final design and construction.
This review covers Phase 1 actions only.
Phase 1 has been determined to be Categorically Excluded from the need to prepare either an Environmental Impact Statement or Environmental Assessment in accordance with FEMA Instruction 108-1-1 and FEMA Directive 108-1-1 as authorized by DHS Instruction Manual 023-01-001-01, Revision
1. Categorical Exclusions a4 (information gathering, data analysis and processing, information dissemination, review, interpretation, and development of documents) and a7 (commitment of resources, personnel, and funding to conduct audits, surveys, and data collection) have been applied.
Particular attention should be given to the project conditions before and during project implementation.
Failure to comply with these conditions may jeopardize federal assistance including funding. - amillers - 05/09/2022 23:32:49 GMT
NEPA DETERMINATION
Catex Category Code Description Selected
(a4) Information gathering, data analysis and processing, information dissemination, review, interpretation, and development of documents. If any of these activities result in proposals for further action, those proposals must be covered by an appropriate CATEX. Examples include but are not limited to: (a) Document mailings, publication and distribution, training and information programs, historical and cultural demonstrations, and public affairs actions. (b) Studies, reports, proposals, analyses, literature reviews; computer modeling; and non-intrusive intelligence gathering activities.
a4 Yes
(a7) The commitment of resources, personnel, and funding to conduct audits, surveys, and data collection of a minimally intrusive nature. If any of these commitments result in proposals for further action, those proposals must be covered by an appropriate CATEX. Examples include, but are not limited to: (a) Activities designed to support the improvement or upgrade management of natural resources, such as surveys for threatened and endangered species, wildlife and wildlife habitat, historic properties, and archeological sites; wetland delineations; timber stand examination; minimal water, air, waste, material and soil sampling; audits, photography, and interpretation. (b) Minimally-intrusive geological, geophysical, and geo-technical activities, including mapping and engineering surveys. (c) Conducting Facility Audits, Environmental Site Assessments and Environmental Baseline Surveys, and (d) Vulnerability, risk, and structural integrity assessments of infrastructure. a7 Yes
CATEX CATEGORIES
Extraordinary Circumstance Code Description Selected ?
No Extraordinary Circumstances were selected
EXTRAORDINARY
NOTE: All times are GMT using a 24-hour clock. Page 1 of 3
05/09/2022 REC-01 FEDERAL EMERGENCY MANAGEMENT AGENCY
23:56:22
RECORD OF ENVIRONMENTAL CONSIDERATION (REC)
Project
Title:
HMGP-4558-0033-CA (4558-632-033) (1)
Rancho Cordova Stormwater Detention Basin (Phase 1)
Environmental Law/
Executive Order Status Description Comment
Clean Air Act (CAA) Project will not result in permanent air emissions - Review concluded
Completed
Coastal Barrier Resources Act
(CBRA)
Project is not on or connected to CBRA Unit
or otherwise protected area - Review
concluded
Completed
Clean Water Act (CWA) Project would not affect any water of the U.S. - Review concluded
Completed
Coastal Zone Management Act
(CZMA)
Project is not located in a coastal zone area
and does not affect a coastal zone area -
Review concluded
Completed
Executive Order 11988 -
Floodplains
No effect on floodplain/flood levels and
project outside floodplain - Review concluded
Completed
Executive Order 11990 -
Wetlands
No effects on wetlands and project outside
wetlands - Review concluded
Completed
Executive Order 12898 -
Environmental Justice for Low
Income and Minority Populations
Low income or minority population in or near
project area
The actions associated with this project will not
result in any disproportionally high or adverse
impact on low income or minority populations. -
amillers - 05/09/2022 23:40:26 GMT
Completed
No disproportionately high and adverse
impact on low income or minority population -
Review concluded
Completed
Endangered Species Act (ESA) Listed species and/or designated critical habitat present in areas affected directly or
indirectly by the federal action
The proposed action to develop initial design and
engineering plans and to seek environmental
compliance would result in no impacts to
endangered species. The proposed scope of
work for this program would not destroy or
adversely modify suitable habitat and will not
affect any other listed or proposed species. It is
therefore determined the proposed action would
have "No Effect" on listed species and
consultation with the Services (USFWS/NMFS)
under Section 7 of the Endangered Species Act
is not required. - amillers - 05/09/2022 23:34:18
GMT
Completed
No effect to species or designated critical
habitat (See comments for justification) -
Review concluded
Completed
Farmland Protection Policy Act
(FPPA)
Project does not affect designated prime or
unique farmland - Review concluded
Completed
ENVIRONMENTAL LAW / EXECUTIVE ORDER
NOTE: All times are GMT using a 24-hour clock. Page 2 of 3
05/09/2022 REC-01 FEDERAL EMERGENCY MANAGEMENT AGENCY
23:56:22
RECORD OF ENVIRONMENTAL CONSIDERATION (REC)
Project
Title:
HMGP-4558-0033-CA (4558-632-033) (1)
Rancho Cordova Stormwater Detention Basin (Phase 1)
Environmental Law/
Executive Order Status Description Comment
Fish and Wildlife Coordination
Act (FWCA)
Project does not affect, control, or modify a
waterway/body of water - Review concluded
Completed
Migratory Bird Treaty Act (MBTA) Completed Project located within a flyway zone Project does not have potential to take
migratory birds - Review concluded
Completed
Magnuson-Stevens Fishery
Conservation and Management
Act (MSA)
Project not located in or near Essential Fish
Habitat - Review concluded
Completed
National Historic Preservation Act
(NHPA)
Not type of activity with potential to affect
historic properties - Review concluded</br>
The Undertaking complies with Stipulation I.A.7.f
(assistance provided for planning, studies,
design and engineering costs) of the
Programmatic Agreement among the Federal
Emergency Management Agency (FEMA), State
Historic Preservation Office (SHPO), and
California Office of Emergency Services (Cal
OES), signed October 30, 2019. Thus, the
Undertaking does not require SHPO review, and
FEMA has no further Section 106 responsibilities
in accordance with 36 CFR § 800.3(a)(1). -
amillers - 05/09/2022 23:34:07 GMT
Completed
Wild and Scenic Rivers Act
(WSR)
Project is not along and does not affect Wild
and Scenic River - Review concluded
Completed
Standard Conditions:
Any change to the approved scope of work will require re-evaluation for compliance with NEPA and other Laws and Executive Orders.
This review does not address all federal, state and local requirements. Acceptance of federal funding requires recipient to comply with all federal, state and local laws. Failure to obtain all appropriate federal, state and local environmental permits and clearances may jeopardize federal funding.
If ground disturbing activities occur during construction, applicant will monitor ground disturbance and if any potential archeological resources are discovered, will immediately cease construction in that area and notify the State and FEMA.
CONDITIONS
NOTE: All times are GMT using a 24-hour clock. Page 3 of 3
1 Standard Mitigation Grant Program (HMGP) Conditions
FEMA Region IX, August, 2018
The following list applies to Recipients and Subrecipients accepting HMGP funds from the Federal Emergency Management Agency (FEMA) of the Department of Homeland Security (DHS):
1. Applicable Federal, State, and Local Laws and Regulations. The Recipient/Subrecipient must comply with all applicable Federal, State, and Local laws and regulations, regardless of whether they are on this list or other project documents. DHS financial assistance Recipients and Subrecipients are required to follow the provisions of the State HMGP Administrative Plan, applicable Hazard Mitigation Assistance Uniform Guidance, and Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards located in Title 2 of the Code of Federal Regulations (CFR) Part 200, adopted by DHS in 2 CFR 3002.
2. Financial Management Systems. The Recipient and Subrecipient must maintain financial management systems to account for and track funds, as referenced in 2 CFR 200.302.
3. Match or Cost Share. Non-federal match or cost share must comply with 2 CFR 200.306, the scope of work (SOW), and any agreements among the Subrecipient, the Recipient, and FEMA.
4. Budget Changes. Unanticipated adjustments are permitted within the approved total cost. However, if costs exceed the federal share, the Subrecipient must notify the Governor’s Authorized Representative (GAR) of overruns before implementation. The GAR shall submit a written request for approval to FEMA Region IX. The subaward must continue to meet HMGP requirements, including cost effectiveness and cost share. Refer to 2 CFR 200.308 for additional information.
5. Real Property and Land. The acquisition, use, and disposition must comply with 2 CFR 200.311.
6. Equipment. The acquisition, use, and disposition must comply with 2 CFR 200.313.
7. Supplies. Upon project completion, FEMA must be compensated for unused supplies, exceeding $5,000 (fair market value), and not needed for other federal programs. Refer to 2 CFR 200.314.
8. Procurement. Procurement procedures must be in conformance with 2 CFR 200.318-320.
9. Monitoring and Reporting Program Performance. The Recipient and Subrecipient must submit quarterly progress reports, as referenced in the 2 CFR 200.328 and State HMGP Administrative Plan.
10. Records Retention. In accordance with 2 CFR 200.333, financial/ programmatic records related to expenditures must be maintained at least 3 years after the date of Recipient’s final expenditure report.
11. Enforcement and Termination. If the Recipient or Subrecipient fails to comply with the award or subaward terms, whether stated in a Federal statute or regulation, the State HMGP Administrative Plan, subpplication, a notice of award, an assurance, or elsewhere, FEMA may take one or more of the actions outlined in 2 CFR 200.338, including termination or partial termination of the award or subaward outlined in 2 CFR 200.339.
12. Allowable Costs. Funds are to be used for allowable costs in compliance with 2 CFR 200.403, the approved SOW, and any agreements among the Subrecipient, Recipient, and FEMA.
2 13. Non-Federal Audit. The Recipient and Subrecipient are responsible for obtaining audits in accordance with the Single Audit Act of 1984, in compliance with 2 CFR 200.501.
14. Debarred and Suspended Parties. Recipients and Subrecipients are subject to the non-procurement debarment and suspension regulations implementing Executive Orders 12549 and 12689, and 2 CFR 180. These regulations restrict federal financial assistance awards, subawards, and contracts with parties that are debarred, suspended, or otherwise excluded from or ineligible for participation in the federal assistance programs or activities.
15. Equipment Rates. Rates claimed for use of Subrecipient-owned equipment in excess of the FEMAapproved rates must be approved under State guidelines issued by the State Comptroller's Office or must be certified by the Recipient to include only those costs attributable to equipment usage less any fixed overhead and/or profit.
16. Duplication of Funding between Public Assistance (PA) and HMGP. Funding for PA Section 406 and HMGP Section 404 are permitted on the same facility/location, but the activities identified under each program must be distinct with separately accounted funds. At closeout, FEMA may adjust the funding to ensure the Subrecipient was reimbursed for eligible work from only one funding source.
17. Historic Properties and Cultural Resources. In compliance with 2 CFR 800, if a potential historic property or cultural resource is discovered during construction, the Subrecipient must cease work in the area and take all reasonable measures to avoid or minimize harm to the discovered property/resource. During construction, the Subrecipient will monitor ground disturbance activity, and if any potential archeological resources are discovered, will immediately cease work in that area, and notify the Recipient and FEMA. Construction in the area may resume with FEMA’s written approval after FEMA’s consultation, if applicable, with the State Historic Preservation Officer (SHPO).
18. NEPA and Changes to the Scope of Work (SOW). To comply with the National Environmental Policy Act (NEPA), and other Laws and Executive Orders, any change to the approved SOW shall be re-evaluated before implementation. Construction associated with a SOW change, prior to FEMA approval, may be ineligible for funding. Acceptance of federal funding requires environmental permits and clearances in compliance with all appropriate federal, state and local laws, and failure to comply may jeopardize funding.
Within their authority, the Recipient and Subrecipient must use of all practicable means, consistent with other essential policies, to create and maintain productive harmony for people and nature, and fulfill the social, economic, and other needs of present and future generations of Americans.
MEMORANDUM
City Council Staff Report - Page 1 of 2
ITEM 9.7.
DATE: November 21, 2022
TO: Honorable Mayor and Council Members
FROM: Stacy Leitner, City Clerk
SUBJECT: A RESOLUTION APPROVING THE BIENNIAL REVIEW AND UPDATE
TO THE CONFLICT OF INTEREST CODE FOR THE CITY OF
RANCHO CORDOVA PURSUANT TO THE POLITICAL REFORM ACT
RECOMMENDATION
Adopt the resolution.
RESULT OF RECOMMENDED ACTION
Filing of the Updated Conflict of Interest Code for the City of Rancho Cordova Designated Employees will result in the City's compliance with the Fair Political Practices Commission requirements.
BACKGROUND
The Political Reform Act of 1974, Government Code Section 81000 et seq., requires all public agencies to adopt and maintain a Conflict of Interest Code. Local agencies must review their Conflict of Interest Code biennially to ensure the Code accurately designates the appropriate positions and requires disclosure by designated officials in the appropriate disclosure category.
The Political Reform Act also requires all positions that make or participate in making governmental decisions be designated. The City Council is the City's code-reviewing body. As the code-reviewing body, the City Council received the 2022 Local Agency Biennial Notice at the October 3, 2022 City Council meeting that indicated an amendment to the Conflict of Interest Code was necessary. A revised Conflict of Interest Code has been prepared and submitted to the City Council for adoption and approval.
The City Council, City Manager, City Attorney, Chief Financial Officer, and Planning Commissioners are not covered under this Code because they are mandated filers subject to the disclosure requirements set forth in Government Code Section 87200.
Attached is a redlined version of the proposed amended Conflict of Interest Code. The proposed revisions are based on the establishment and recognition of new positions that must be designated, the revision of titles of existing positions, and revised disclosure categories. The attachments reference the proposed changes from the last biennial review.
FISCAL IMPACT AND FUNDING SOURCE
City Council Staff Report - Page 2 of 2
There is no Fiscal Impact.
ATTACHMENT(S)
1. Resolution
2. California Code of Regulations
3. Conflict of Interest Code Proposed Changes
4. Conflict of Interest Code - Final
ITEM 9.7. ATTACHMENT 1
Resolution No. XX-2022 Page 1 of 2
CITY OF RANCHO CORDOVA
RESOLUTION NO. XX-2020
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CORDOVA, STATE OF CALIFORNIA UPDATING THE CITY’S CONFLICT OF INTEREST CODE WHICH
INCLUDES THE LIST OF DESIGNATED POSITIONS AND DISCLOSURE CATEGORIES WHEREAS, the Political Reform Act, Government Code Section 81000 et seq., requires local government agencies to adopt and to publicize conflict of interest codes and review them biennially; and
WHEREAS, the City of Rancho Cordova is an agency subject to the Political Reform Act’s code-filing requirements; and
WHEREAS, pursuant to City Council Resolutions 69-2003, 143-2004 177-2006, 113- 2008, 106-2010, 112-2016, 123-2018, and 142-2020 the City has previously adopted by reference the conflict of interest code provisions set forth in Title 2 California Code of Regulations Section 18730 and established a Conflict of Interest Code which lists designated positions and required categories of disclosure; and
WHEREAS, the City has determined that changes to the staffing and/or position titles of City positions requires that the City amend its list of designated positions; and NOW, THEREFORE, the City Council of the City of Rancho Cordova hereby resolves as follows:
Section 1. The City Council hereby approves and adopts by reference the terms of Title 2 California Code of Regulations Section 18730, as it may be amended after a public notice and hearing, and as it may be amended from time to time by the Fair Political Practices Commission to conform to amendments in the Political Reform Act.
Section 2. The provisions of this Resolution and its attachments shall supersede any conflicting provisions and attachments previously adopted by the City Council pertaining to the City of Rancho Cordova’s Conflict of Interest Code.
Section 3. Following adoption of the Code, the designated officials, employees, and consultants shall file statements of economic interest and shall disqualify themselves from participation in decisions in which they may have a conflict of interest, in accordance with the Code.
Section 4. Individuals holding designated positions shall file their statements with the City Clerk, which will retain the statements and make the statements available for public inspection and reproduction.
PASSED AND ADOPTED by the City Council of the City of Rancho Cordova on the 21st day of November 2022 by the following vote:
AYES:
NOES:
ITEM 9.7. ATTACHMENT 1
Resolution No. XX-2022 Page 2 of 2
ABSENT:
ABSTAIN:
____________________________
Donald Terry, Mayor
ATTEST:
Stacy Leitner, CMC
City Clerk
1 (Regulations of the Fair Political Practices Commission, Title 2, Division 6, California Code of Regulations)
§ 18730. Provisions of Conflict of Interest Codes.
(a) Incorporation by reference of the terms of this regulation along with the designation of employees and the formulation of disclosure categories in the Appendix referred to below constitute the adoption and promulgation of a conflict of interest code within the meaning of Section 87300 or the amendment of a conflict of interest code within the meaning of Section 87306 if the terms of this regulation are substituted for terms of a conflict of interest code already in effect. A code so amended or adopted and promulgated requires the reporting of reportable items in a manner substantially equivalent to the requirements of article 2 of chapter 7 of the Political Reform Act, Sections 81000, et seq. The requirements of a conflict of interest code are in addition to other requirements of the Political Reform Act, such as the general prohibition against conflicts of interest contained in Section 87100, and to other state or local laws pertaining to conflicts of interest.
(b) The terms of a conflict of interest code amended or adopted and promulgated pursuant to this regulation are as follows:
(1) Section 1. Definitions.
The definitions contained in the Political Reform Act of 1974, regulations of the Fair Political Practices Commission (Regulations 18110, et seq. ), and any amendments to the Act or regulations, are incorporated by reference into this conflict of interest code. (2) Section 2. Designated Employees.
ITEM 9.7. ATTACHMENT 2
2 The persons holding positions listed in the Appendix are designated employees. It has been determined that these persons make or participate in the making of decisions which may foreseeably have a material effect on economic interests. (3) Section 3. Disclosure Categories.
This code does not establish any disclosure obligation for those designated employees who are also specified in Section 87200 if they are designated in this code in that same capacity or if the geographical jurisdiction of this agency is the same as or is wholly included within the jurisdiction in which those persons must report their economic interests pursuant to article 2 of chapter 7 of the Political Reform Act, Sections 87200, et seq.
In addition, this code does not establish any disclosure obligation for any designated employees who are designated in a conflict of interest code for another agency, if all of the following apply:
(A) The geographical jurisdiction of this agency is the same as or is wholly included within the jurisdiction of the other agency;
(B) The disclosure assigned in the code of the other agency is the same as that required under article 2 of chapter 7 of the Political Reform Act, Section 87200; and (C) The filing officer is the same for both agencies.1
Such persons are covered by this code for disqualification purposes only. With respect to all other designated employees, the disclosure categories set forth in the Appendix specify which kinds of economic interests are reportable. Such a designated employee shall disclose in the employee's statement of economic interests those economic interests the employee has which are of the kind described in the disclosure categories to which the employee is assigned in the Appendix. It has been determined that the economic interests set forth in a designated employee's ITEM 9.7. ATTACHMENT 2
3 disclosure categories are the kinds of economic interests which the employee foreseeably can affect materially through the conduct of the employee's office. (4) Section 4. Statements of Economic Interests: Place of Filing.
The code reviewing body shall instruct all designated employees within its code to file statements of economic interests with the agency or with the code reviewing body, as provided by the code reviewing body in the agency's conflict of interest code.2 (5) Section 5. Statements of Economic Interests: Time of Filing. (A) Initial Statements. All designated employees employed by the agency on the effective date of this code, as originally adopted, promulgated and approved by the code reviewing body, shall file statements within 30 days after the effective date of this code. Thereafter, each person already in a position when it is designated by an amendment to this code shall file an initial statement within 30 days after the effective date of the amendment. (B) Assuming Office Statements. All persons assuming designated positions after the effective date of this code shall file statements within 30 days after assuming the designated positions, or if subject to State Senate confirmation, 30 days after being nominated or appointed. (C) Annual Statements. All designated employees shall file statements no later than April
1. If a person reports for military service as defined in the Servicemember's Civil Relief Act, the deadline for the annual statement of economic interests is 30 days following the person's return to office, provided the person, or someone authorized to represent the person's interests, notifies the filing officer in writing prior to the applicable filing deadline that the person is subject to that federal statute and is unable to meet the applicable deadline, and provides the filing officer verification of the person's military status.
ITEM 9.7. ATTACHMENT 2
4 (D) Leaving Office Statements. All persons who leave designated positions shall file statements within 30 days after leaving office.
(5.5) Section 5.5. Statements for Persons Who Resign Prior to Assuming Office.
Any person who resigns within 12 months of initial appointment, or within 30 days of the date of notice provided by the filing officer to file an assuming office statement, is not deemed to have assumed office or left office, provided the person did not make or participate in the making of, or use the person's position to influence any decision and did not receive or become entitled to receive any form of payment as a result of the person's appointment. Such persons shall not file either an assuming or leaving office statement.
(A) Any person who resigns a position within 30 days of the date of a notice from the filing officer shall do both of the following:
(1) File a written resignation with the appointing power; and (2) File a written statement with the filing officer declaring under penalty of perjury that during the period between appointment and resignation the person did not make, participate in the making, or use the position to influence any decision of the agency or receive, or become entitled to receive, any form of payment by virtue of being appointed to the position. (6) Section 6. Contents of and Period Covered by Statements of Economic Interests. (A) Contents of Initial Statements.
Initial statements shall disclose any reportable investments, interests in real property and business positions held on the effective date of the code and income received during the 12 months prior to the effective date of the code.
(B) Contents of Assuming Office Statements.
ITEM 9.7. ATTACHMENT 2
5 Assuming office statements shall disclose any reportable investments, interests in real property and business positions held on the date of assuming office or, if subject to State Senate confirmation or appointment, on the date of nomination, and income received during the 12 months prior to the date of assuming office or the date of being appointed or nominated, respectively.
(C) Contents of Annual Statements. Annual statements shall disclose any reportable investments, interests in real property, income and business positions held or received during the previous calendar year provided, however, that the period covered by an employee's first annual statement shall begin on the effective date of the code or the date of assuming office whichever is later, or for a board or commission member subject to Section 87302.6, the day after the closing date of the most recent statement filed by the member pursuant to Regulation 18754. (D) Contents of Leaving Office Statements.
Leaving office statements shall disclose reportable investments, interests in real property, income and business positions held or received during the period between the closing date of the last statement filed and the date of leaving office.
(7) Section 7. Manner of Reporting.
Statements of economic interests shall be made on forms prescribed by the Fair Political Practices Commission and supplied by the agency, and shall contain the following information:
(A) Investment and Real Property Disclosure.
When an investment or an interest in real property3is required to be reported,4the statement shall contain the following:
1. A statement of the nature of the investment or interest; ITEM 9.7. ATTACHMENT 2
6 2. The name of the business entity in which each investment is held, and a general description of the business activity in which the business entity is engaged;
3. The address or other precise location of the real property;
4. A statement whether the fair market value of the investment or interest in real property equals or exceeds $2,000, exceeds $10,000, exceeds $100,000, or exceeds $1,000,000. (B) Personal Income Disclosure. When personal income is required to be reported,5the statement shall contain:
1. The name and address of each source of income aggregating $500 or more in value, or $50 or more in value if the income was a gift, and a general description of the business activity, if any, of each source;
2. A statement whether the aggregate value of income from each source, or in the case of a loan, the highest amount owed to each source, was $1,000 or less, greater than $1,000, greater than $10,000, or greater than $100,000;
3. A description of the consideration, if any, for which the income was received;
4. In the case of a gift, the name, address and business activity of the donor and any intermediary through which the gift was made; a description of the gift; the amount or value of the gift; and the date on which the gift was received;
5. In the case of a loan, the annual interest rate and the security, if any, given for the loan and the term of the loan.
(C) Business Entity Income Disclosure. When income of a business entity, including income of a sole proprietorship, is required to be reported,6the statement shall contain:
1. The name, address, and a general description of the business activity of the business entity;
ITEM 9.7. ATTACHMENT 2
7 2. The name of every person from whom the business entity received payments if the filer's pro rata share of gross receipts from such person was equal to or greater than $10,000. (D) Business Position Disclosure. When business positions are required to be reported, a designated employee shall list the name and address of each business entity in which the employee is a director, officer, partner, trustee, employee, or in which the employee holds any position of management, a description of the business activity in which the business entity is engaged, and the designated employee's position with the business entity. (E) Acquisition or Disposal During Reporting Period. In the case of an annual or leaving office statement, if an investment or an interest in real property was partially or wholly acquired or disposed of during the period covered by the statement, the statement shall contain the date of acquisition or disposal.
(8) Section 8. Prohibition on Receipt of Honoraria.
(A) No member of a state board or commission, and no designated employee of a state or local government agency, shall accept any honorarium from any source, if the member or employee would be required to report the receipt of income or gifts from that source on the member's or employee's statement of economic interests. (B) This section shall not apply to any part-time member of the governing board of any public institution of higher education, unless the member is also an elected official. (C) Subdivisions (a), (b), and (c) of Section 89501 shall apply to the prohibitions in this section.
(D) This section shall not limit or prohibit payments, advances, or reimbursements for travel and related lodging and subsistence authorized by Section 89506. (8.1) Section 8.1. Prohibition on Receipt of Gifts in Excess of $520.
ITEM 9.7. ATTACHMENT 2
8 (A) No member of a state board or commission, and no designated employee of a state or local government agency, shall accept gifts with a total value of more than $520 in a calendar year from any single source, if the member or employee would be required to report the receipt of income or gifts from that source on the member's or employee's statement of economic interests.
(B) This section shall not apply to any part-time member of the governing board of any public institution of higher education, unless the member is also an elected official. (C) Subdivisions (e), (f), and (g) of Section 89503 shall apply to the prohibitions in this section.
(8.2) Section 8.2. Loans to Public Officials.
(A) No elected officer of a state or local government agency shall, from the date of the election to office through the date that the officer vacates office, receive a personal loan from any officer, employee, member, or consultant of the state or local government agency in which the elected officer holds office or over which the elected officer's agency has direction and control.
(B) No public official who is exempt from the state civil service system pursuant to subdivisions (c), (d), (e), (f), and (g) of Section 4 of Article VII of the Constitution shall, while he or she holds office, receive a personal loan from any officer, employee, member, or consultant of the state or local government agency in which the public official holds office or over which the public official's agency has direction and control. This subdivision shall not apply to loans made to a public official whose duties are solely secretarial, clerical, or manual. (C) No elected officer of a state or local government agency shall, from the date of the election to office through the date that the officer vacates office, receive a personal loan from ITEM 9.7. ATTACHMENT 2
9 any person who has a contract with the state or local government agency to which that elected officer has been elected or over which that elected officer's agency has direction and control.
This subdivision shall not apply to loans made by banks or other financial institutions or to any indebtedness created as part of a retail installment or credit card transaction, if the loan is made or the indebtedness created in the lender's regular course of business on terms available to members of the public without regard to the elected officer's official status. (D) No public official who is exempt from the state civil service system pursuant to subdivisions (c), (d), (e), (f), and (g) of Section 4 of Article VII of the Constitution shall, while the official holds office, receive a personal loan from any person who has a contract with the state or local government agency to which that elected officer has been elected or over which that elected officer's agency has direction and control. This subdivision shall not apply to loans made by banks or other financial institutions or to any indebtedness created as part of a retail installment or credit card transaction, if the loan is made or the indebtedness created in the lender's regular course of business on terms available to members of the public without regard to the elected officer's official status. This subdivision shall not apply to loans made to a public official whose duties are solely secretarial, clerical, or manual. (E) This section shall not apply to the following:
1. Loans made to the campaign committee of an elected officer or candidate for elective office.
2. Loans made by a public official's spouse, child, parent, grandparent, grandchild, brother, sister, parent-in-law, brother-in-law, sister-in-law, nephew, niece, aunt, uncle, or first cousin, or the spouse of any such persons, provided that the person making the loan is not acting as an agent or intermediary for any person not otherwise exempted under this section.
ITEM 9.7. ATTACHMENT 2
10 3. Loans from a person which, in the aggregate, do not exceed $500 at any given time.
4. Loans made, or offered in writing, before January 1, 1998. (8.3) Section 8.3. Loan Terms.
(A) Except as set forth in subdivision (B), no elected officer of a state or local government agency shall, from the date of the officer's election to office through the date the officer vacates office, receive a personal loan of $500 or more, except when the loan is in writing and clearly states the terms of the loan, including the parties to the loan agreement, date of the loan, amount of the loan, term of the loan, date or dates when payments shall be due on the loan and the amount of the payments, and the rate of interest paid on the loan. (B) This section shall not apply to the following types of loans:
1. Loans made to the campaign committee of the elected officer.
2. Loans made to the elected officer by his or her spouse, child, parent, grandparent, grandchild, brother, sister, parent-in-law, brother-in-law, sister-in-law, nephew, niece, aunt, uncle, or first cousin, or the spouse of any such person, provided that the person making the loan is not acting as an agent or intermediary for any person not otherwise exempted under this section.
3. Loans made, or offered in writing, before January 1, 1998. (C) Nothing in this section shall exempt any person from any other provision of Title 9 of the Government Code.
(8.4) Section 8.4. Personal Loans.
(A) Except as set forth in subdivision (B), a personal loan received by any designated employee shall become a gift to the designated employee for the purposes of this section in the following circumstances:
ITEM 9.7. ATTACHMENT 2
11 1. If the loan has a defined date or dates for repayment, when the statute of limitations for filing an action for default has expired.
2. If the loan has no defined date or dates for repayment, when one year has elapsed from the later of the following:
a. The date the loan was made.
b. The date the last payment of $100 or more was made on the loan. c. The date upon which the debtor has made payments on the loan aggregating to less than $250 during the previous 12 months.
(B) This section shall not apply to the following types of loans:
1. A loan made to the campaign committee of an elected officer or a candidate for elective office.
2. A loan that would otherwise not be a gift as defined in this title.
3. A loan that would otherwise be a gift as set forth under subdivision (A), but on which the creditor has taken reasonable action to collect the balance due.
4. A loan that would otherwise be a gift as set forth under subdivision (A), but on which the creditor, based on reasonable business considerations, has not undertaken collection action.
Except in a criminal action, a creditor who claims that a loan is not a gift on the basis of this paragraph has the burden of proving that the decision for not taking collection action was based on reasonable business considerations.
5. A loan made to a debtor who has filed for bankruptcy and the loan is ultimately discharged in bankruptcy.
(C) Nothing in this section shall exempt any person from any other provisions of Title 9 of the Government Code.
ITEM 9.7. ATTACHMENT 2
12 (9) Section 9. Disqualification.
No designated employee shall make, participate in making, or in any way attempt to use the employee's official position to influence the making of any governmental decision which the employee knows or has reason to know will have a reasonably foreseeable material financial effect, distinguishable from its effect on the public generally, on the official or a member of the official's immediate family or on:
(A) Any business entity in which the designated employee has a direct or indirect investment worth $2,000 or more;
(B) Any real property in which the designated employee has a direct or indirect interest worth $2,000 or more;
(C) Any source of income, other than gifts and other than loans by a commercial lending institution in the regular course of business on terms available to the public without regard to official status, aggregating $500 or more in value provided to, received by or promised to the designated employee within 12 months prior to the time when the decision is made; (D) Any business entity in which the designated employee is a director, officer, partner, trustee, employee, or holds any position of management; or (E) Any donor of, or any intermediary or agent for a donor of, a gift or gifts aggregating $500 or more provided to, received by, or promised to the designated employee within 12 months prior to the time when the decision is made.
(9.3) Section 9.3. Legally Required Participation.
No designated employee shall be prevented from making or participating in the making of any decision to the extent the employee's participation is legally required for the decision to be made.
ITEM 9.7. ATTACHMENT 2
13 The fact that the vote of a designated employee who is on a voting body is needed to break a tie does not make the employees' participation legally required for purposes of this section. (9.5) Section 9.5. Disqualification of State Officers and Employees.
In addition to the general disqualification provisions of section 9, no state administrative official shall make, participate in making, or use the official's position to influence any governmental decision directly relating to any contract where the state administrative official knows or has reason to know that any party to the contract is a person with whom the state administrative official, or any member of the official's immediate family has, within 12 months prior to the time when the official action is to be taken:
(A) Engaged in a business transaction or transactions on terms not available to members of the public, regarding any investment or interest in real property; or (B) Engaged in a business transaction or transactions on terms not available to members of the public regarding the rendering of goods or services totaling in value $1,000 or more. (10) Section 10. Disclosure of Disqualifying Interest.
When a designated employee determines that the employee should not make a governmental decision because the employee has a disqualifying interest in it, the determination not to act may be accompanied by disclosure of the disqualifying interest. (11) Section 11. Assistance of the Commission and Counsel.
Any designated employee who is unsure of the duties under this code may request assistance from the Fair Political Practices Commission pursuant to Section 83114 and Regulations 18329 and 18329.5 or from the attorney for the employee's agency, provided that nothing in this section requires the attorney for the agency to issue any formal or informal opinion. (12) Section 12. Violations.
ITEM 9.7. ATTACHMENT 2
14 This code has the force and effect of law. Designated employees violating any provision of this code are subject to the administrative, criminal and civil sanctions provided in the Political Reform Act, Sections 81000-91014. In addition, a decision in relation to which a violation of the disqualification provisions of this code or of Section 87100 or 87450 has occurred may be set aside as void pursuant to Section 91003.
____________________
1 Designated employees who are required to file statements of economic interests under any other agency's conflict of interest code, or under article 2 for a different jurisdiction, may expand their statement of economic interests to cover reportable interests in both jurisdictions, and file copies of this expanded statement with both entities in lieu of filing separate and distinct statements, provided that each copy of such expanded statement filed in place of an original is signed and verified by the designated employee as if it were an original. See Section 81004. 2 See Section 81010 and Regulation 18115 for the duties of filing officers and persons in agencies who make and retain copies of statements and forward the originals to the filing officer. 3 For the purpose of disclosure only (not disqualification), an interest in real property does not include the principal residence of the filer.
4 Investments and interests in real property which have a fair market value of less than $2,000 are not investments and interests in real property within the meaning of the Political Reform Act.
However, investments or interests in real property of an individual include those held by the individual's spouse and dependent children as well as a pro rata share of any investment or interest in real property of any business entity or trust in which the individual, spouse and dependent children own, in the aggregate, a direct, indirect or beneficial interest of 10 percent or greater.
ITEM 9.7. ATTACHMENT 2
15 5 A designated employee's income includes the employee's community property interest in the income of the employee's spouse but does not include salary or reimbursement for expenses received from a state, local or federal government agency. 6 Income of a business entity is reportable if the direct, indirect or beneficial interest of the filer and the filer's spouse in the business entity aggregates a 10 percent or greater interest. In addition, the disclosure of persons who are clients or customers of a business entity is required only if the clients or customers are within one of the disclosure categories of the filer.
Note: Authority cited: Section 83112, Government Code. Reference: Sections 87103(e), 87300- 87302, 89501, 89502 and 89503, Government Code.
HISTORY
1. New section filed 4-2-80 as an emergency; effective upon filing (Register 80, No. 14).
Certificate of Compliance included.
2. Editorial correction (Register 80, No. 29).
3. Amendment of subsection (b) filed 1-9-81; effective thirtieth day thereafter (Register 81, No. 2).
4. Amendment of subsection (b)(7)(B)1. filed 1-26-83; effective thirtieth day thereafter (Register 83, No. 5).
5. Amendment of subsection (b)(7)(A) filed 11-10-83; effective thirtieth day thereafter (Register 83, No. 46).
6. Amendment filed 4-13-87; operative 5-13-87 (Register 87, No. 16).
7. Amendment of subsection (b) filed 10-21-88; operative 11-20-88 (Register 88, No. 46).
8. Amendment of subsections (b)(8)(A) and (b)(8)(B) and numerous editorial changes filed 8-28- 90; operative 9-27-90 (Reg. 90, No. 42).
ITEM 9.7. ATTACHMENT 2
16 9. Amendment of subsections (b)(3), (b)(8) and renumbering of following subsections and amendment of Note filed 8-7-92; operative 9-7-92 (Register 92, No. 32).
10. Amendment of subsection (b)(5.5) and new subsections (b)(5.5)(A)-(A)(2) filed 2-4-93; operative 2-4-93 (Register 93, No. 6).
11. Change without regulatory effect adopting Conflict of Interest Code for California Mental Health Planning Council filed 11-22-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 48). Approved by Fair Political Practices Commission 9-21-93.
12. Change without regulatory effect redesignating Conflict of Interest Code for California Mental Health Planning Council as chapter 62, section 55100 filed 1-4-94 pursuant to title 1, section 100, California Code of Regulations (Register 94, No. 1).
13. Editorial correction adding History 11 and 12 and deleting duplicate section number (Register 94, No. 17).
14. Amendment of subsection (b)(8), designation of subsection (b)(8)(A), new subsection (b)(8)(B), and amendment of subsections (b)(8.1)-(b)(8.1)(B), (b)(9)(E) and Note filed 3-14-95; operative 3-14-95 pursuant to Government Code section 11343.4(d) (Register 95, No. 11).
15. Editorial correction inserting inadvertently omitted language in footnote 4 (Register 96, No. 13).
16. Amendment of subsections (b)(8)(A)-(B) and (b)(8.1)(A), repealer of subsection (b)(8.1)(B), and amendment of subsection (b)(12) filed 10-23-96; operative 10-23-96 pursuant to Government Code section 11343.4(d) (Register 96, No. 43).
17. Amendment of subsections (b)(8.1) and (9)(E) filed 4-9-97; operative 4-9-97 pursuant to Government Code section 11343.4(d) (Register 97, No. 15).
ITEM 9.7. ATTACHMENT 2
17 18. Amendment of subsections (b)(7)(B)5., new subsections (b)(8.2)-(b)(8.4)(C) and amendment of Note filed 8-24-98; operative 8-24-98 pursuant to Government Code section 11343.4(d) (Register 98, No. 35).
19. Editorial correction of subsection (a) (Register 98, No. 47).
20. Amendment of subsections (b)(8.1), (b)(8.1)(A) and (b)(9)(E) filed 5-11-99; operative 5-11- 99 pursuant to Government Code section 11343.4(d) (Register 99, No. 20).
21. Amendment of subsections (b)(8.1)-(b)(8.1)(A) and (b)(9)(E) filed 12-6-2000; operative 1-1- 2001 pursuant to the 1974 version of Government Code section 11380.2 and Title 2, California Code of Regulations, section 18312(d) and (e) (Register 2000, No. 49).
22. Amendment of subsections (b)(3) and (b)(10) filed 1-10-2001; operative 2-1-2001.
Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements) (Register 2001, No. 2).
23. Amendment of subsections (b)(7)(A)4., (b)(7)(B)1.-2., (b)(8.2)(E)3., (b)(9)(A)-(C) and footnote 4. filed 2-13-2001. Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements) (Register 2001, No. 7).
24. Amendment of subsections (b)(8.1)-(b)(8.1)(A) filed 1-16-2003; operative 1-1-2003.
Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, ITEM 9.7. ATTACHMENT 2
18 nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements) (Register 2003, No. 3).
25. Editorial correction of History 24 (Register 2003, No. 12).
26. Editorial correction removing extraneous phrase in subsection (b)(9.5)(B) (Register 2004, No. 33).
27. Amendment of subsections (b)(2)-(3), (b)(3)(C), (b)(6)(C), (b)(8.1)-(b)(8.1)(A), (b)(9)(E) and (b)(11)-(12) filed 1-4-2005; operative 1-1-2005 pursuant to Government Code section 11343.4 (Register 2005, No. 1).
28. Amendment of subsection (b)(7)(A)4. filed 10-11-2005; operative 11-10-2005 (Register 2005, No. 41).
29. Amendment of subsections (a), (b)(1), (b)(3), (b)(8.1), (b)(8.1)(A) and (b)(9)(E) filed 12-18- 2006; operative 1-1-2007. Submitted to OAL pursuant to Fair Political Practices Commission v.
Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements) (Register 2006, No. 51).
30. Amendment of subsections (b)(8.1)-(b)(8.1)(A) and (b)(9)(E) filed 10-31-2008; operative 11- 30-2008. Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements and not subject to procedural or substantive review by OAL) (Register 2008, No. 44).
31. Amendment of section heading and section filed 11-15-2010; operative 12-15-2010.
Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of ITEM 9.7. ATTACHMENT 2
19 Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements and not subject to procedural or substantive review by OAL) (Register 2010, No. 47).
32. Amendment of section heading and subsections (a)-(b)(1), (b)(3)-(4), (b)(5)(C), (b)(8.1)- (b)(8.1)(A) and (b)(9)(E) and amendment of footnote 1 filed 1-8-2013; operative 2-7-2013.
Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements and not subject to procedural or substantive review by OAL) (Register 2013, No. 2).
33. Amendment of subsections (b)(8.1)-(b)(8.1)(A), (b)(8.2)(E)3. and (b)(9)(E) filed 12-15-2014; operative 1-1-2015 pursuant to section 18312(e)(1)(A), title 2, California Code of Regulations.
Submitted to OAL for filing and printing pursuant to Fair Political Practices Commission v.
Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements) (Register 2014, No. 51).
34. Redesignation of portions of subsection (b)(8)(A) as new subsections (b)(8)(B)-(D), amendment of subsections (b)(8.1)-(b)(8.1)(A), redesignation of portions of subsection (b)(8.1)(A) as new subsections (b)(8.1)(B)-(C) and amendment of subsection (b)(9)(E) filed 12- 1-2016; operative 12-31-2016 pursuant to Cal. Code Regs. tit. 2, section 18312(e). Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, ITEM 9.7. ATTACHMENT 2
20 April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements and not subject to procedural or substantive review by OAL) (Register 2016, No. 49).
35. Amendment of subsections (b)(8.1)-(b)(8.1)(A) and (b)(9)(E) filed 12-12-2018; operative 1- 11-2019 pursuant to Cal. Code Regs., tit. 2, section 18312(e). Submitted to OAL for filing and printing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements and not subject to procedural or substantive review by OAL) (Register 2018, No. 50).
36. Amendment of subsections (b)(8.1)-(8.1)(A) filed 12-23-2020; operative 1-1-2021 pursuant to Cal. Code Regs., tit. 2, section 18312(e). Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements and not subject to procedural or substantive review by OAL) (Register 2020, No. 52).
37. Amendment of subsections (b)(3)(C), (b)(5)(C), (b)(5.5), (b)(5.5)(A)(2), (b)(7)(D), (b)(8)(A), (b)(8.1)(A), (b)(8.2)(A), (b)(8.2)(C)-(D), (b)(8.3)(A), (b)(9), (b)(9.3), (b)(9.5), (b)(10) and (b)(11) and footnote 5 filed 5-12-2021; operative 6-11-2021 pursuant to Cal. Code Regs., tit. 2, section 18312(e). Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 ITEM 9.7. ATTACHMENT 2
21 Administrative Procedure Act rulemaking requirements and not subject to procedural or substantive review by OAL) (Register 2021, No. 20).
ITEM 9.7. ATTACHMENT 2
ITEM 9.3. ATTACHMENT 3
Conflict of Interest Code for the City of Rancho Cordova – Track Changes Page 1 of 3
CONFLICT OF INTEREST CODE FOR THE CITY OF RANCHO CORDOVA The Political Reform Act (Government Code Section 81000, et. seq.) requires state and local government agencies to adopt and promulgate conflict-of-interest codes. The Fair Political Practices Commission has adopted a regulation (2 California Code of Regulations Section 18730) that contains the terms of a standard conflict of interest code and may be incorporated by reference in an agency’s code. After public notice and hearing, the standard code may be amended by the Fair Political Practices Commission (FPPC) to conform to amendments in the Political Reform Act. Therefore, the terms of 2 California Code of Regulations Section 18730 and any amendments to it duly adopted by the Fair Political Practices Commission are hereby incorporated by reference. This regulation and the attached Appendices designating positions and establishing disclosure requirements shall constitute the conflict-of-interest code of the City of Rancho Cordova.
Individuals holding designated positions shall file their statements with the City Clerk, which will retain the statements and make the statements available for public inspection and reproduction. (Government Code Section 81088). Upon receipt of the statement for Public Officials specified in Government Code Section 87200, the City shall make and retain copies and forward the originals to the Fair Political Practices Commission.
DESIGNATED POSITIONS
The positions listed below constitute the list of designated positions required by the City of Rancho Cordova Conflict of Interest Code (2 Cal. Code of Regs. Section 18730). The individual occupying each position is deemed to make, or participate in the making of, decisions that may have a material effect on a financial interest of that individual. The individuals occupying the designated positions shall disclose their economic interests in accordance with the corresponding disclosure categories, defined in Section II below.
POSITION CATEGORY
Accountant 2
Administrative Services Director 1
Animal Services Officer I/II 2
Assistant Building Official 1
Assistant City Attorney 1
Assistant City Clerk 1
Assistant City Manager 1
Assistant Planner 2
Assistant Police Chief 1
Associate Planner 2
Assistant to the City Manager 1
Building Inspector I/II 2
Business Systems Analyst 1
Building Official 1
City Clerk 1
City Engineer/Public Works Director 1
Code Enforcement Officer I/II 2
ITEM 9.3. ATTACHMENT 3
Conflict of Interest Code for the City of Rancho Cordova – Track Changes Page 2 of 3
POSITION CATEGORY
Code Enforcement Supervisor 2
Communications, Legislative Affairs, & Community 1
Engagement Director
Community Development Director 1
Community Engagement Analyst I/II 3
Community Enhancement Analyst (Management Analyst) 2
Community Enhancement Technician 2
Deputy City Attorney 1
Deputy City Manager 1
Economic Development Director 1
Economic Development Analyst 2
Economic Development Manager 12
Engineering Manager 2
Facilities Services Manager 2
Facilities Services Supervisor 2
Finance Manager 1
Housing and Neighborhood Development Analyst II 2
Human Resources Manager 1
Information Technology Director 1
Information Technology Analyst II 2
Information Technology Manager 1
Maintenance & Operations Supervisor 2
Management Analyst I/II 2
Neighborhood Services Manager 1
Neighborhood Services Supervisor 1
Planning Manager 1
Principal Planner 12
Police Chief 1
Principal Building Inspector 2
Principal Civil Engineer 1
Public Works Division ManagerMaintenance and Operations 1 Reinvestment Analyst 1
Senior Animal Services Officer 1
Senior Civil Engineer 21
Senior Code Enforcement Officer 1
Senior Community Enhancement Analyst 1
Senior Engineer 2
Senior Finance Analyst 2
Senior Human Resources Analyst 1
ITEM 9.3. ATTACHMENT 3
Conflict of Interest Code for the City of Rancho Cordova – Track Changes Page 3 of 3
POSITION CATEGORY
Senior Information Technology Analyst 1
Senior Management Analyst 1
Senior Planner 12
Senior Transportation Planner 2
Supervising Building Inspector 2
Consultants shall be designated on a case-by-case basis, depending upon the nature of their services.
BOARDS AND COMMISSIONS CATEGORY
Community Enhancement and Investment Fund Oversight Board Member 1 PUBLIC OFFICIALS SPECIFIED IN GOVERNMENT CODE SECTION 87200 Members of the Rancho Cordova City Council
City Manager
City Attorney
Administrative Services Director
Members of the Rancho Cordova Planning Commission
DISCLOSURE CATEGORIES
Disclosure Category 1
Individuals in this category shall disclose all interests in real property located within the City and all investments in, business positions with, and sources of income from entities having an interest in real property within the City or entities which are of the type to do business with or within the City.
Disclosure Category 2
Individuals in this category shall disclose all investments and business positions in business entities, and income from sources which: (1) are contractors or subcontractors engaged in the performance of work or services of the type utilized by the City, or (2) which manufacture or sell supplies, material, machinery or equipment of the type utilized by the City.
Disclosure Category 3
Individuals in this category shall disclose all investments and business positions in business entities, and income from sources which: (1) are contractors or subcontractors engaged in the performance of work or services of the type utilized by the designated employee's department, or (2) which manufacture or sell supplies, material, machinery or equipment of the type utilized by the designated employee's department.
Conflict of Interest Code for the City of Rancho Cordova – Track Changes Page 1 of 3
CONFLICT OF INTEREST CODE FOR THE CITY OF RANCHO CORDOVA The Political Reform Act (Government Code Section 81000, et. seq.) requires state and local government agencies to adopt and promulgate conflict-of-interest codes. The Fair Political Practices Commission has adopted a regulation (2 California Code of Regulations Section 18730) that contains the terms of a standard conflict of interest code and may be incorporated by reference in an agency’s code. After public notice and hearing, the standard code may be amended by the Fair Political Practices Commission (FPPC) to conform to amendments in the Political Reform Act. Therefore, the terms of 2 California Code of Regulations Section 18730 and any amendments to it duly adopted by the Fair Political Practices Commission are hereby incorporated by reference. This regulation and the attached Appendices designating positions and establishing disclosure requirements shall constitute the conflict-of-interest code of the City of Rancho Cordova.
Individuals holding designated positions shall file their statements with the City Clerk, which will retain the statements and make the statements available for public inspection and reproduction. (Government Code Section 81088). Upon receipt of the statement for Public Officials specified in Government Code Section 87200, the City shall make and retain copies and forward the originals to the Fair Political Practices Commission.
DESIGNATED POSITIONS
The positions listed below constitute the list of designated positions required by the City of Rancho Cordova Conflict of Interest Code (2 Cal. Code of Regs. Section 18730). The individual occupying each position is deemed to make, or participate in the making of, decisions that may have a material effect on a financial interest of that individual. The individuals occupying the designated positions shall disclose their economic interests in accordance with the corresponding disclosure categories, defined in Section II below.
POSITION CATEGORY
Accountant 2
Administrative Services Director 1
Animal Services Officer I/II 2
Assistant Building Official 1
Assistant City Attorney 1
Assistant City Clerk 1
Assistant City Manager 1
Assistant Planner 2
Assistant Police Chief 1
Associate Planner 2
Assistant to the City Manager 1
Building Inspector I/II 2
Business Systems Analyst 1
Building Official 1
City Clerk 1
City Engineer/Public Works Director 1
Code Enforcement Officer I/II 2
ITEM 9.3. ATTACHMENT 4
CATEGORY
2 1
1 3
2 2
1 1
1 2
1 2
2 2
1 2
1 1
2 1
2 2
1 1
1 1
1 2
1 1
1 1
2 1
1 2
2 POSITION
Code Enforcement Supervisor
Communications, Legislative Affairs, & Community
Engagement Director
Community Development Director
Community Engagement Analyst I/II
Community Enhancement Analyst (Management Analyst)
Community Enhancement Technician
Deputy City Attorney
Deputy City Manager
Economic Development Director
Economic Development Analyst
Economic Development Manager
Engineering Manager
Facilities Services Manager
Facilities Services Supervisor
Finance Manager
Housing and Neighborhood Development Analyst II
Human Resources Manager
Information Technology Director
Information Technology Analyst II
Information Technology Manager
Maintenance & Operations Supervisor
Management Analyst I/II
Neighborhood Services Manager
Neighborhood Services Supervisor
Planning Manager
Principal Planner
Police Chief
Principal Building Inspector
Principal Civil Engineer
Public Works Division ManagerMaintenance and Operations Reinvestment Analyst
Senior Animal Services Officer
Senior Civil Engineer
Senior Code Enforcement Officer
Senior Community Enhancement Analyst
Senior Engineer
Senior Finance Analyst
Senior Human Resources Analyst
Conflict of Interest Code for the City of Rancho Cordova – Track Changes 1 ITEM 9.3. ATTACHMENT 4
Conflict of Interest Code for the City of Rancho Cordova – Track Changes Page 3 of 3
CATEGORY
1 1
1 2
POSITION
Senior Information Technology Analyst
Senior Management Analyst
Senior Planner
Senior Transportation Planner
Supervising Building Inspector 2
Consultants shall be designated on a case-by-case basis, depending upon the nature of their services.
BOARDS AND COMMISSIONS CATEGORY
Community Enhancement and Investment Fund Oversight Board Member 1 PUBLIC OFFICIALS SPECIFIED IN GOVERNMENT CODE SECTION 87200 Members of the Rancho Cordova City Council
City Manager
City Attorney
Administrative Services Director
Members of the Rancho Cordova Planning Commission
DISCLOSURE CATEGORIES
Disclosure Category 1
Individuals in this category shall disclose all interests in real property located within the City and all investments in, business positions with, and sources of income from entities having an interest in real property within the City or entities which are of the type to do business with or within the City.
Disclosure Category 2
Individuals in this category shall disclose all investments and business positions in business entities, and income from sources which: (1) are contractors or subcontractors engaged in the performance of work or services of the type utilized by the City, or (2) which manufacture or sell supplies, material, machinery or equipment of the type utilized by the City.
Disclosure Category 3
Individuals in this category shall disclose all investments and business positions in business entities, and income from sources which: (1) are contractors or subcontractors engaged in the performance of work or services of the type utilized by the designated employee's department, or (2) which manufacture or sell supplies, material, machinery or equipment of the type utilized by the designated employee's department.
ITEM 9.3. ATTACHMENT 4
MEMORANDUM
City Council Staff Report - Page 1 of 2
ITEM 9.8.
DATE: November 21, 2022
TO: Honorable Mayor and Council Members
FROM: Megan Siren, Senior Management Analyst
Edgar Medina, Principal Engineer
SUBJECT: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE CONSTRUCTION CONTRACT AMENDMENT NO. 2021-256-7 WITH Z
SQUARED INC. TO INCREASE THE CONTRACT AMOUNT FROM
$5,745,297 TO AN AMOUNT NOT TO EXCEED $5,890,443 FOR THE
CONSTRUCTION OF THE RANCHO CORDOVA YOUTH CENTER
PROJECT
RECOMMENDATION
Adopt the Resolution
RESULT OF RECOMMENDED ACTION
Adoption of the Resolution would authorize the City Manager to execute Contract No. 2021- 256-7 with Z Squared, Inc. increasing the contract amount from $5,745,297 to an amount not to exceed $5,890,443 for construction of the Rancho Cordova Youth Center.
BACKGROUND
The Center of Praise Ministries, Inc. and the founding and Senior Pastor Bishop Parnell Lovelace, Jr. graciously offered to partner with the City of Rancho Cordova to establish a Rancho Cordova Youth Center at their property located at 10455 Investment Circle. With the City Council authorizing the lease agreement with Center of Praise Ministries, Inc. in January 2020, the location for the Rancho Cordova Youth Center was solidified at 10455 Investment Circle after many efforts over many years to bring a Youth Center to the community.
The Rancho Cordova Youth Center project includes interior modifications, including new mechanical units, electrical modifications, new windows, kitchen modifications, bathroom modifications, Americans with Disabilities Act (ADA) modifications, security, parking lot overlay, exterior fencing, covered area for seating, multi-sport turf field and an outdoor basketball court.
The City Council awarded the construction contract on July 19, 2021 to Z Squared Construction, Inc. in the amount of $4,511,000 with construction beginning in August 2021. On June 6, 2022, the City Council approved contract change order number 4 that amended the contract to $5,345,286. The total value of change orders numbers 1 through 4 was $834,286 and included the following work: modifications related to extra debris/tree removal, replacement of
City Council Staff Report - Page 2 of 2
the mechanical screen walls, additional concrete work, new backflow prevention devices, fence modifications, electrical breakers, stucco sliding and trim and other repairs as needed as related to utilities, audio visual equipment, upgrades to existing switchboard, power distribution equipment and parking lot overlay modifications.
Per Rancho Cordova Municipal Code, Section 3.60.110 C, the City Manager has given the authority to approve change orders up to 10% of the contract value. Two change orders have been approved since June 6, 2022 under the City Manager's signature authority for work, including additional conduit, mechanical well modifications, rerouting of conflicting utilities, new storefront system at entrance, addition of perforated metal panels for fence, fence post modifications, installation of new switchboard and soffit modifications. The total value of change orders numbers 5 and 6 was $399,602 increasing the contract value to a current total of $5,744,588.
Contract Change Order No. 7 covers gutter system modifications, additional lighting, flooring modifications, shade structure modifications, panic hardware required by Sac Metro Fire, and structural modifications to the trash enclosure. Contract Change Order No. 7 is valued at $145,146 which exceeds the City Manager's signature authority, thus requiring Council approval. City Staff has been coordinating, reviewing and finalizing the additional scope and costs with the Contractor. Staff deem the scope necessary to complete the project and the costs to be within industry standards.
FISCAL IMPACT AND FUNDING SOURCE
The total project budget for the capital improvements is $7.995 million, consisting of $1.8 million from Capital Facility Projects Fund, $4.495 million from Community Enhancement Fund, $1 million from the Community Investment Fund and $500,000 from Park Renovation Fund.
This project is included in the City's current approved Capital Improvement Plan and in the FY 21/23 budget.
ATTACHMENT(S)
1. Resolution
2. Change Order No. 7
ITEM 9.8. ATTACHMENT 1
Resolution No. XX-2022 Page 1 of 2
CITY OF RANCHO CORDOVA
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CORDOVA, AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACT CHANGE ORDER NO. 7 IN THE AMOUNT OF $145,146 WITH Z SQUARED CONSTRUCTION, INC. AND TO INCREASE THE CONTRACT AMOUNT FROM $5,745,297 TO AN AMOUNT NOT TO EXCEED $5,890,443 FOR THE CONSTRUCTION OF THE RANCHO CORDOVA YOUTH CENTER WHEREAS, on July 19, 2021 the City awarded the Rancho Cordova Youth Center Project to the lowest responsive bidder, Z Squared Construction, Inc. in the amount of $4,511,000 (Contract 2021-256); and
WHEREAS, previously approved Contract Change Orders No. 1, 2 and 3 in the total amount of $379,409 increased the construction contract to $4,890,409; and WHEREAS, City Council authorized Contract Change Order No. 4 in the amount of $455,286 and increased the construction contract to $5,345,286 on June 6, 2022; and WHEREAS, previously approved Contract Change Orders No. 5 and 6 in the total amount of $399,602 increased the construction contract to $5,745,297;and WHEREAS, it will be necessary to modify the plans and specifications with Contract Change Order No. 7 in the total amount of $145,146 and increase the construction contract to $5,890,443; and
WHEREAS, the work covers gutter system modifications, additional lighting, flooring modifications, shade structure modifications, panic hardware required by Sac Metro Fire, and structural modifications to the trash enclosure; and
WHEREAS, Change Order No. 7 exceeds the amount the City Manager is authorized to approve; and
WHEREAS, this project was reviewed under the requirements of the California Environmental Quality Act as part of the City's Capital Improvement Plan via Council approval of Resolution 117-2021 on July 19, 2021 and is exempt from further review.
NOW, THEREFORE, BE IT HEREBY RESOLVED THE CITY COUNCIL OF THE CITY OF RANCHO CORDOVA does hereby approve Contract Change Order No. 7 in the amount of $145,146 with Z Squared Construction, Inc. and to increase the contract amount from $5,745,297 to an amount not to exceed $5,890,443 for the construction of the Rancho Cordova Youth Center.
PASSED AND ADOPTED by the City Council of the City of Rancho Cordova on the 21st day of November 2022 by the following vote:
AYES:
NOES:
ITEM 9.8. ATTACHMENT 1
Resolution No. XX-2022 Page 2 of 2
ABSENT:
ABSTAIN:
ATTEST:
Donald Terry, Mayor
Stacy Leitner, CMC
City Clerk
2729 Prospect Park Drive, Rancho Cordova, CA 95670 (916) 851-8700 Fax (916) 851-8787 www.cityofranchocordova.org
Project Name:
Rancho Cordova
Youth Center Project
CITY OF RANCHO CORDOVA
Contract Change Order No. 7
Sheet 1 of 2
City Contract No. 2021-256
To: Z Squared Construction. You are hereby directed to make the herein described changes from the plans and specifications or do the following described work not included in the plans and specifications on this contract.
Description of work to be done, quantities and prices to be paid. Unless otherwise stated, rates for rental of equipment cover only such time as equipment is actually used and no allowance will be made for idle time.
Change requested by: Engineer
Item No. 1 PCO# 84 Add a rain gutter system to the east and west sides of the building. Payment for this work is at agreed lump sum.
INCREASE: $21,748.00
Item No. 2 PCO# 89 Add Click to enter, Knox key switch, panic hardware to pedestrian gates and a push button keypad to the entrance gate assembly. Payment for this work is at agreed lump sum.
INCREASE: $8,824.00
Item No. 3 PCO# 104 Apply paint to the existing shed. Payment for this work is at agreed lump sum.
INCREASE: $3,138.00
Item No. 4 PCO# 105 Provide and install recessed light fixtures at the flagpole.
Payment for this work is at agreed lump sum.
INCREASE: $5,315.00
Item No. 6 PCO# 116 Add floor leveling and floor moisture protection to the existing concrete floors that receive luxury vinyl tile. Payment for this work is at agreed lump sum.
INCREASE: $41,778.00
Item No. 7 PCO# 117 Install additional supports for the fabric cover at the shade structure. Payment for this work is at agreed lump sum.
INCREASE: $34,178.00
Item No. 8 PCO# 119 Add additional structural members to support the roof overhang at the trash enclosure. Payment for this work is at agreed lump sum.
INCREASE: $25,704.00
Item No. 9 PCO# 120 Provide and install a new post indicator valve at the fire water service to the building. Payment for this work is at agreed lump sum.
INCREASE: $3,712.00
Item No. 10 PCO# 122 Repair the leak in the existing gas piping. Payment for this work is at agreed lump sum.
INCREASE: $ 749.00
.
TOTAL COST OF THIS CCO: $145,146.00
ITEM 9.8. ATTACHMENT 2
2729 Prospect Park Drive, Rancho Cordova, CA 95670 (916) 851-8700 Fax (916) 851-8787 www.cityofranchocordova.org
Project Name:
Rancho Cordova
Youth Center Project
CITY OF RANCHO CORDOVA
Contract Change Order No. 7
Sheet 2 of 2
City Contract No. 2021-256
Authority: Resolution #117-2021, #88-2022
Contract Summation:
Original Contract: $4,511,000.00 Total Change Orders: $1,379,443.00 New Contract Cost Total: $5,890,443.00 By reason of this order the time of completion will be adjusted as follows: ANY ADDITIONAL COMPENSABLE/NONCOMPENSABLE WORKING DAYS TO BE NEGOTIATED BETWEEN CONTRACTOR AND CITY AND WILL BE
CAPTURED IN A FUTURE CHANGE ORDER
Submitted by:
Construction Manager/
Resident Engineer
City of Rancho Cordova Date:
Recommend
Approval by:
Project Manager
City of Rancho Cordova Date:
Approved by:
Public Works Director
City of Rancho Cordova Date:
We, the undersigned Contractor, have given careful consideration to the change proposed and all of its impacts, both direct and indirect, and hereby agree, if this proposal is approved, that we will provide all equipment, furnish all materials, except as may otherwise be noted above, and perform all services necessary for the work above specified, and will accept as full payment therefor the prices and time extensions shown above.
Acceptance Date: _________________________ Contractor: ______________________________________ By: ______________________________________ Title: ______________________________________ If the Contractor does not sign acceptance of this order, his attention is directed to the requirements of the specifications as to proceeding with the ordered work and filing a written protest within the time therein specified.
Original to: Contractor
City Clerk
Copies to: Resident Engineer
City Project Manager
Project Engineer
City Manager or Designee
City of Rancho Cordova
ITEM 9.8. ATTACHMENT 2
MEMORANDUM
City Council Staff Report - Page 1 of 2
ITEM 9.9.
DATE: November 21, 2022
TO: Honorable Mayor and Council Members
FROM: Albert Stricker, Public Works Director
Dalia Fadl, Principal Engineer
SUBJECT: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACT NO. 2022-245 IN AN AMOUNT NOT TO EXCEED
$500,000 WITH MCE CORPORATION FOR STORMWATER PUMP
STATION OPERATIONS AND MAINTENANCE SERVICES
RECOMMENDATION
Adopt the Resolution.
RESULT OF RECOMMENDED ACTION
Adoption of the Resolution would authorize the City Manager to execute Contract No. 2022-245 with MCE Corporation in the amount of $500,000 for the provision of stormwater pump station operations and maintenance services.
BACKGROUND
The work conducted under this contract includes routine inspections, operations, and maintenance; repair and upgrade coordination; and on-call emergency response to ensure the proper operation and performance of the City’s six stormwater pump stations.
Proposals were solicited on the City’s Website and CIPList.com on August 31, 2022. The City issued two addendums in response to questions received before the deadline for written questions. Interested firms were invited to attend pump station site visits on September 26, 2022 and September 28, 2022. Two proposals were received before the September 30, 2022 proposal deadline. The submitted proposals were reviewed and determined to be complete.
During the proposal evaluation process, the City invited both firms for interviews on the week of October 10, 2022. MCE Corporation was selected as the most responsive and responsible proposal.
FISCAL IMPACT AND FUNDING SOURCE
Funding for the contract will be from the City’s Stormwater Utility Fee. There is no impact to the general fund.
ATTACHMENT(S)
1. Resolution
City Council Staff Report - Page 2 of 2
2. Contract No. 2022-245
ITEM 9.9. ATTACHMENT 1
Resolution No. XX-2022 Page 1 of 2
CITY OF RANCHO CORDOVA
RESOLUTION NO. XX-2022
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CORDOVA, STATE OF CALIFORNIA, AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACT NO. 2022-245 IN AN AMOUNT NOT TO EXCEED $500,000 WITH MCE CORPORATION FOR
STORMWATER PUMP STATION OPERATIONS AND MAINTENANCE SERVICES WHEREAS, the City solicited proposals for stormwater pump station operations and maintenance services under the requirements of state law and accepted proposals on September 30, 2022; and
WHEREAS, two proposals were received before the proposal deadline; and WHEREAS, MCE Corporation was selected as the most responsive and responsible proposal; and
WHEREAS, adoption of this Resolution will allow the City Manager to execute a 3-year contract with MCE Corporation in an amount not to exceed $500,000; and WHEREAS, the work scope includes routine inspections, operations, and maintenance; repair and upgrade coordination; and on-call emergency response to ensure the proper operation and performance of the City’s six stormwater pump stations; and WHEREAS, the contract will be funded through the City’s Stormwater Utility Fee; and WHEREAS, the amount exceeds the maximum the City Manager has authorization to approve.
NOW, THEREFORE, BE IT HEREBY RESOLVED THE CITY COUNCIL OF THE CITY OF RANCHO CORDOVA does authorize the City Manager to execute Contract No. 2022-245 in an amount not to exceed $500,000 with MCE Corporation in a form approved by the City Attorney.
PASSED AND ADOPTED by the City Council of the City of Rancho Cordova on the 21st day of November 2022 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Donald Terry, Mayor
ITEM 9.9. ATTACHMENT 1
Resolution No. XX-2022 Page 2 of 2
Stacy Leitner, CMC
City Clerk
PROFESSIONAL SERVICES AGREEMENT BETWEEN
THE CITY OF RANCHO CORDOVA AND MCE CORPORATION FOR
STORMWATER PUMP STATION OPERATIONS AND MAINTENANCE SERVICES THIS AGREEMENT for professional services is made by and between the City of Rancho Cordova, a California municipal corporation (“City”), and MCE Corporation (“Professional”) as of November 21, 2022.
Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Professional shall provide to City the services described in the Scope of Work attached as Exhibit A at the time and place and in the manner specified therein. In the event of a conflict or inconsistency between the terms of this Agreement and Exhibit A, the Agreement shall prevail.
1.1 Term of Services. The term of this Agreement shall begin on the date first noted above and shall end on November 30, 2025, the date of completion specified in Exhibit A.
Professional shall complete the work described in Exhibit A prior to that date, unless the term of the Agreement is otherwise terminated or extended, as provided for in Section 8.
The time provided to Professional to complete the services required by this Agreement shall not affect the City’s right to terminate the Agreement, as provided for in Section 8.
1.2 Standard of Performance. Professional shall perform all services required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Professional is engaged in the geographical area in which Professional practices its profession. Professional shall prepare all work products required by this Agreement in a substantial, first-class manner and shall conform to the standards of quality normally observed by a person practicing in Professional's profession.
1.3 Assignment of Personnel. Professional shall assign only competent personnel to perform services pursuant to this Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the reassignment of any such persons, Professional shall, immediately upon receiving notice from City of such desire of City, reassign such person or persons.
1.4 Time. Professional shall devote such time to the performance of services pursuant to this Agreement as may be reasonably necessary to meet the standard of performance provided in Section 1.2 above and to satisfy Professional’s obligations hereunder.
Section 2. COMPENSATION. City hereby agrees to pay Professional a sum not to exceed $500,000, notwithstanding any contrary indications that may be contained in Professional’s proposal, for services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and Professional’s proposal, attached as Exhibit B, regarding the amount of compensation, the Agreement shall prevail. City shall pay Professional for services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from City to Professional for services rendered pursuant to this Agreement. Professional shall submit all invoices to City in the manner specified herein. Except as specifically authorized by City, Professional shall not bill City for duplicate services performed by more than one person.
ITEM 9.9. ATTACHMENT 2 Contract No. 2022-245
Last Revised January 2022
Professional Services Agreement between November 21, 2022 City of Rancho Cordova and MCE Corporation for Page 2 of 16 Stormwater Pump Station Operations and Maintenance Services Professional and City acknowledge and agree that compensation paid by City to Professional under this Agreement is based upon Professional’s estimated costs of providing the services required hereunder, including salaries and benefits of employees and subcontractors of Professional. Consequently, the parties further agree that compensation hereunder is intended to include the costs of contributions to any pensions and/or annuities to which Professional and its employees, agents, and subcontractors may be eligible. City therefore has no responsibility for such contributions beyond compensation required under this Agreement.
2.1 Invoices. Professional shall submit invoices, not more often than once a month during the term of this Agreement, based on the cost for services performed and reimbursable costs incurred prior to the invoice date. Invoices shall contain the following information:
Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice, etc.;
The beginning and ending dates of the billing period; A Task Summary containing the original contract amount, the amount of prior billings, the total due this period, the balance available under the Agreement, and the percentage of completion;
At City’s option, for each work item in each task, a copy of the applicable time entries or time sheets shall be submitted showing the name of the person doing the work, the hours spent by each person, a brief description of the work, and each reimbursable expense;
The total number of hours of work performed under the Agreement by Professional and each employee, agent, and subcontractor of Professional performing services hereunder, as well as a separate notice when the total number of hours of work by Professional and any individual employee, agent, or subcontractor of Professional reaches or exceeds 800 hours, which shall include an estimate of the time necessary to complete the work described in Exhibit A;
The Professional’s signature.
2.2 Monthly Payment. City shall make monthly payments, based on invoices received, for services satisfactorily performed, and for authorized reimbursable costs incurred. City shall have thirty (30) days from the receipt of an invoice that complies with all of the requirements above to pay Professional.
2.3 Final Payment. City shall make the final payment within sixty (60) days after completion of the services and submittal to City of a final invoice, if all services required have been satisfactorily performed.
2.4 Total Payment. City shall pay for the services to be rendered by Professional pursuant to this Agreement. City shall not pay any additional sum for any expense or cost whatsoever incurred by Professional in rendering services pursuant to this Agreement. City shall make no payment for any extra, further, or additional service pursuant to this Agreement.
ITEM 9.9. ATTACHMENT 2 Contract No. 2022-245
Last Revised January 2022
Professional Services Agreement between November 21, 2022 City of Rancho Cordova and MCE Corporation for Page 3 of 16 Stormwater Pump Station Operations and Maintenance Services In no event shall Professional submit any invoice for an amount in excess of the maximum amount of compensation provided above either for a task or for the entire Agreement, unless the Agreement is modified prior to the submission of such an invoice by a properly executed change order or amendment.
2.5 Hourly Fees. Fees for work performed by Professional on an hourly basis shall not exceed the amounts shown on the fee schedule set forth in Exhibit B.
2.6 Reimbursable Expenses. Reimbursable expenses, if any, are set forth in Exhibit B.
Expenses not listed in Exhibit B are not chargeable to City. Reimbursable expenses are included in the total amount of compensation provided under this Agreement that shall not be exceeded.
2.7 Payment of Taxes. Professional is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes.
2.8 Payment upon Termination. In the event that the City or Professional terminates this Agreement pursuant to Section 8, the City shall compensate the Professional for all outstanding costs and reimbursable expenses incurred for work satisfactorily completed as of the date of written notice of termination. Professional shall maintain adequate logs and timesheets in order to verify costs incurred to that date.
2.9 Authorization to Perform Services. The Professional is not authorized to perform any services or incur any costs whatsoever under the terms of this Agreement until receipt of authorization from the Contract Administrator.
Section 3. FACILITIES AND EQUIPMENT. Except as set forth herein, Professional shall, at its sole cost and expense, provide all facilities and equipment that may be necessary to perform the services required by this Agreement. City shall make available to Professional only the facilities and equipment listed in this section, and only under the terms and conditions set forth herein.
City shall furnish physical facilities such as desks, filing cabinets, and conference space, as may be reasonably necessary for Professional’s use while consulting with City employees and reviewing records and the information in possession of the City. The location, quantity, and time of furnishing those facilities shall be in the sole discretion of City. In no event shall City be obligated to furnish any facility that may involve incurring any direct expense, including but not limited to computer, long-distance telephone or other communication charges, vehicles, and reproduction facilities.
Section 4. INSURANCE REQUIREMENTS. Before beginning any work under this Agreement, Professional, at its own cost and expense, shall procure "occurrence coverage" insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of ITEM 9.9. ATTACHMENT 2 Contract No. 2022-245
Last Revised January 2022
Professional Services Agreement between November 21, 2022 City of Rancho Cordova and MCE Corporation for Page 4 of 16 Stormwater Pump Station Operations and Maintenance Services the work hereunder by the Professional and its agents, representatives, employees, and subcontractors.
Professional shall provide proof satisfactory to City of such insurance that meets the requirements of this section and under forms of insurance satisfactory in all respects to the City. Professional shall maintain the insurance policies required by this section throughout the term of this Agreement. The cost of such insurance shall be included in the Professional's bid. Professional shall not allow any subcontractor to commence work on any subcontract until Professional has obtained all insurance required herein for the subcontractor(s) and provided evidence thereof to City. Verification of the required insurance shall be submitted and made part of this Agreement prior to execution. Professional shall maintain all required insurance listed herein for the duration of this Agreement.
4.1 Workers’ Compensation. Professional shall, at its sole cost and expense, maintain Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance for any and all persons employed directly or indirectly by Professional. The Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance shall be provided with limits of not less than ONE MILLION DOLLARS ($1,000,000.00) per accident. In the alternative, Professional may rely on a self-insurance program to meet those requirements, but only if the program of self-insurance complies fully with the provisions of the California Labor Code. Determination of whether a self-insurance program meets the standards of the Labor Code shall be solely in the discretion of the Contract Administrator. The insurer, if insurance is provided, or the Professional, if a program of self-insurance is provided, shall waive all rights of subrogation against the City and its officers, officials, employees, and volunteers for loss arising from work performed under this Agreement.
An endorsement shall state that coverage shall not be canceled except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. Professional shall notify City within fourteen (14) days of notification from Professional’s insurer if such coverage is suspended, voided or reduced in coverage or in limits.
The requirement to maintain Statutory Worker’s Compensation and Employer’s Liability Insurance may be waived by the City upon written verification that Professional does not have any employees.
4.2 Commercial General and Automobile Liability Insurance.
4.2.1 General requirements. Professional, at its own cost and expense, shall maintain commercial general liability insurance for the term of this Agreement in an amount not less than TWO MILLION DOLLARS ($2,000,000.00) and automobile liability insurance for the term of this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000.00). The commercial general liability and automobile liability insurance shall be per occurrence, combined single limit coverage for risks associated with the work contemplated by this Agreement. If a commercial general liability insurance or an automobile liability form or other form with a general ITEM 9.9. ATTACHMENT 2 Contract No. 2022-245
Last Revised January 2022
Professional Services Agreement between November 21, 2022 City of Rancho Cordova and MCE Corporation for Page 5 of 16 Stormwater Pump Station Operations and Maintenance Services aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from activities contemplated under this Agreement, including the use of owned and nonowned automobiles.
4.2.2 Minimum scope of coverage. Commercial general liability coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 (most recent edition) covering comprehensive General Liability on an “occurrence” basis. Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001 (most recent edition), Code 1 (any auto). No endorsement shall be attached limiting the coverage.
4.2.3 Additional requirements. Each of the following shall be included in the insurance coverage or added as an endorsement to the policy:
a. City and its officers, employees, agents, and volunteers shall be covered as additional insureds with respect to each of the following: liability arising out of activities performed by or on behalf of Professional, including the insured’s general supervision of Professional; products and completed operations of Professional; premises owned, occupied, or used by Professional; and automobiles owned, leased, or used by the Professional. The coverage shall contain no special limitations on the scope of protection afforded to City or its officers, employees, agents, or volunteers.
b. The insurance shall cover on an occurrence or an accident basis, and not on a claims-made basis.
c. An endorsement must state that coverage is primary insurance with respect to the City and its officers, officials, employees and volunteers, and that no insurance or self-insurance maintained by the City shall be called upon to contribute to a loss under the coverage. d. Any failure of Professional to comply with reporting provisions of the policy shall not affect coverage provided to City and its officers, employees, agents, and volunteers.
e. An endorsement shall state that coverage shall not be canceled except after thirty (30) days' prior written notice by certified mail, return receipt ITEM 9.9. ATTACHMENT 2 Contract No. 2022-245
Last Revised January 2022
Professional Services Agreement between November 21, 2022 City of Rancho Cordova and MCE Corporation for Page 6 of 16 Stormwater Pump Station Operations and Maintenance Services requested, has been given to the City. Professional shall notify City within fourteen (14) days of notification from Professional’s insurer if such coverage is suspended, voided or reduced in coverage or in limits.
4.3 Professional Liability Insurance. Professional, at its own cost and expense, shall maintain for the period covered by this Agreement professional liability insurance for licensed professionals performing work pursuant to this Agreement in an amount not less than TWO MILLION DOLLARS ($2,000,000) covering the licensed professionals’ errors and omissions.
4.3.1 Any deductible or self-insured retention shall not exceed $150,000 per claim.
4.3.2 An endorsement shall state that coverage shall not be suspended, voided, canceled by either party, or reduced in coverage or in limits, except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City.
4.3.3 The following provisions shall apply if the professional liability coverages are written on a claims-made form:
a. The retroactive date of the policy must be shown and must be before the date of the Agreement.
b. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the Agreement or the work, so long as commercially available at reasonable rates. c. If coverage is canceled or not renewed and it is not replaced with another claims-made policy form with a retroactive date that precedes the date of this Agreement, Professional must provide extended reporting coverage for a minimum of five (5) years after completion of the Agreement or the work. The City shall have the right to exercise, at the Professional’s sole cost and expense, any extended reporting provisions of the policy, if the Professional cancels or does not renew the coverage.
d. A copy of the claim reporting requirements must be submitted to the City prior to the commencement of any work under this Agreement.
4.4 All Policies Requirements.
4.4.1 Acceptability of insurers. All insurance required by this section is to be placed with insurers with a Bests' rating of no less than A:VII.
ITEM 9.9. ATTACHMENT 2 Contract No. 2022-245
Last Revised January 2022
Professional Services Agreement between November 21, 2022 City of Rancho Cordova and MCE Corporation for Page 7 of 16 Stormwater Pump Station Operations and Maintenance Services
4.4.2 Verification of coverage. Prior to beginning any work under this Agreement, Professional shall furnish City with certificates of insurance and with original endorsements effecting coverage required herein. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The City reserves the right to require complete, certified copies of all required insurance policies, at any time.
4.4.3 Subcontractors. Professional shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.
4.4.4 Deductibles and Self-Insured Retentions. Professional shall disclose to and obtain the approval of City for the self-insured retentions and deductibles before beginning any of the services or work called for by any term of this Agreement.
During the period covered by this Agreement, only upon the prior express written authorization of Contract Administrator, Professional may increase such deductibles or self-insured retentions with respect to City, its officers, employees, agents, and volunteers. The Contract Administrator may condition approval of an increase in deductible or self-insured retention levels with a requirement that Professional procure a bond, guaranteeing payment of losses and related investigations, claim administration, and defense expenses that is satisfactory in all respects to each of them.
4.4.5 Waiver of Subrogation. Professional hereby agrees to waive subrogation which any insurer or contractor may require from vendor by virtue of the payment of any loss. Consultant agrees to obtain any endorsements that may be necessary to effect this waiver of subrogation. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the entity for all work performed by the Professional, its employees, agents, and subcontractors.
4.4.6 Notice of Reduction in Coverage. In the event that any coverage required by this section is reduced, limited, or materially affected in any other manner, Professional shall provide written notice to City at Professional’s earliest possible opportunity and in no case later than five (5) days after Professional is notified of the change in coverage.
4.5 Remedies. In addition to any other remedies City may have if Professional fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option exercise any of the following remedies, which are alternatives to other remedies City may have and are not the exclusive remedy for Professional’s breach:
ITEM 9.9. ATTACHMENT 2 Contract No. 2022-245
Last Revised January 2022
Professional Services Agreement between November 21, 2022 City of Rancho Cordova and MCE Corporation for Page 8 of 16 Stormwater Pump Station Operations and Maintenance Services Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement;
Order Professional to stop work under this Agreement or withhold any payment that becomes due to Professional hereunder, or both stop work and withhold any payment, until Professional demonstrates compliance with the requirements hereof; and/or Terminate this Agreement.
Section 5. INDEMNIFICATION AND PROFESSIONAL’S RESPONSIBILITIES.
5.1 General Requirement. Professional shall indemnify, defend with counsel selected by the City, and hold harmless the City and its officials, officers, employees, agents, and volunteers from and against any and all losses, liability, claims, suits, actions, damages, and causes of action arising out of any personal injury, bodily injury, loss of life, or damage to property, or any violation of any federal, state, or municipal law or ordinance, to the extent caused, in whole or in part, by the willful misconduct or negligent acts or omissions of Professional or its employees, subcontractors, or agents, by acts for which they could be held strictly liable, or by the quality or character of their work. The foregoing obligation of Professional shall not apply when (1) the injury, loss of life, damage to property, or violation of law arises wholly from the negligence or willful misconduct of the City or its officers, employees, agents, or volunteers and (2) the actions of Professional or its employees, subcontractor, or agents have contributed in no part to the injury, loss of life, damage to property, or violation of law. It is understood that the duty of Professional to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. Acceptance by City of insurance certificates and endorsements required under this Agreement does not relieve Professional from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply to any damages or claims for damages whether or not such insurance policies shall have been determined to apply. By execution of this Agreement, Professional acknowledges and agrees to the provisions of this Section and that it is a material element of consideration.
5.2 PERS Indemnification. In the event that Professional or any employee, agent, or subcontractor of Professional providing services under this Agreement is determined by a court of competent jurisdiction or the California Public Employees Retirement System (“PERS”) to be eligible for enrollment in PERS as an employee of City, Professional shall indemnify, defend, and hold harmless City for the payment of any and all employee and/or employer contributions for PERS benefits on behalf of Professional or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City, and any attorneys’ fees and costs incurred by the City to enforce this Section.
ITEM 9.9. ATTACHMENT 2 Contract No. 2022-245
Last Revised January 2022
Professional Services Agreement between November 21, 2022 City of Rancho Cordova and MCE Corporation for Page 9 of 16 Stormwater Pump Station Operations and Maintenance Services
5.3 Design Professionals. To the extent that the services under this Agreement include design professional services subject to California Civil Code Section 2782.8, as may be amended from time to time, Professional’s duty to indemnify under Sections 5.1 and 5.2 shall only be to the maximum extent permitted by California Civil Code Section 2782.8.
Section 6. STATUS OF PROFESSIONAL.
6.1 Independent Contractor. At all times during the term of this Agreement, Professional shall be an independent contractor as defined in Labor Code Section 3353, and shall not be an employee of City. Nothing contained in this Agreement shall be construed to be inconsistent with the foregoing relationship or status. City shall have the right to control Professional only insofar as the results of Professional's services rendered pursuant to this Agreement and assignment of personnel pursuant to Subparagraph 1.3; however, otherwise City shall not have the right to control the means and methods by which Professional accomplishes services rendered pursuant to this Agreement. Professional shall have no power or authority by this Agreement to bind the City in any respect. All employees and agents hired or retained by Professional are employees and agents of Professional and not of the City. The City shall not be obligated in any way to pay any wage claims or other claims made against Professional by any such employees or agents, or any other person resulting from performance of this Agreement.
Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Professional and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any and all claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits. Professional shall not allow any employee, agent or subcontractor to become eligible for a claim for PERS benefits.
6.2 Professional Not an Agent. Except as City may specify in writing, Professional shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Professional shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever.
Section 7. LEGAL REQUIREMENTS.
7.1 Governing Law. The laws of the State of California shall govern this Agreement.
7.2 Compliance with Applicable Laws. Professional and any subcontractors shall comply with all laws and regulations applicable to the performance of the work ITEM 9.9. ATTACHMENT 2 Contract No. 2022-245
Last Revised January 2022
Professional Services Agreement between November 21, 2022 City of Rancho Cordova and MCE Corporation for Page 10 of 16 Stormwater Pump Station Operations and Maintenance Services hereunder, including but not limited to, the California Building Code, the Americans with Disabilities Act, and any copyright, patent or trademark law. Professional’s failure to comply with any law(s) or regulation(s) applicable to the performance of the work hereunder shall constitute a breach of contract.
7.3 Other Governmental Regulations. To the extent that this Agreement may be funded by fiscal assistance from another governmental entity, Professional and any subcontractors shall comply with all applicable rules and regulations to which City is bound by the terms of such fiscal assistance program.
7.4 Licenses and Permits. Professional represents and warrants to City that Professional and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to practice their respective professions. Professional represents and warrants to City that Professional and its employees, agents, any subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions. In addition to the foregoing, Professional and any subcontractors shall obtain and maintain valid Business Licenses from City during the term of this Agreement.
7.5 Nondiscrimination and Equal Opportunity. Professional shall not discriminate, on the basis of a person’s race, religion, color, national origin, age, physical or mental handicap or disability, medical condition, marital status, sex, or sexual orientation, against any employee, applicant for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by Professional under this Agreement. Professional shall comply with all applicable federal, state, and local laws, policies, rules, and requirements related to equal opportunity and nondiscrimination in employment, contracting, and the provision of any services that are the subject of this Agreement, including but not limited to the satisfaction of any positive obligations required of Professional thereby.
Professional shall include the provisions of this Subsection in any subcontract approved by the Contract Administrator or this Agreement.
Section 8. TERMINATION AND MODIFICATION.
8.1 Termination. City may cancel this Agreement at any time and without cause upon written notification to Professional.
Professional may cancel this Agreement upon thirty (30) days’ written notice to City and shall include in such notice the reasons for cancellation.
ITEM 9.9. ATTACHMENT 2 Contract No. 2022-245
Last Revised January 2022
Professional Services Agreement between November 21, 2022 City of Rancho Cordova and MCE Corporation for Page 11 of 16 Stormwater Pump Station Operations and Maintenance Services In the event of termination, Professional shall be entitled to compensation for services performed to the effective date of termination; City, however, may condition payment of such compensation upon Professional delivering to City any or all documents, photographs, computer software, video and audio tapes, and other materials provided to Professional or prepared by or for Professional or the City in connection with this Agreement.
8.2 Extension. City may, in its sole and exclusive discretion, extend the end date of this Agreement beyond that provided for in Subsection 1.1. Any such extension shall require a written amendment to this Agreement, as provided for herein. Professional understands and agrees that, if City grants such an extension, City shall have no obligation to provide Professional with compensation beyond the maximum amount provided for in this Agreement. Similarly, unless authorized by the Contract Administrator, City shall have no obligation to reimburse Professional for any otherwise reimbursable expenses incurred during the extension period.
8.3 Amendments. The Parties may amend this Agreement only by a writing signed by all the Parties.
8.4 Assignment and Subcontracting. City and Professional recognize and agree that this Agreement contemplates personal performance by Professional and is based upon a determination of Professional’s unique personal competence, experience, and specialized personal knowledge. Moreover, a substantial inducement to City for entering into this Agreement was and is the professional reputation and competence of Professional.
Professional may not assign this Agreement or any interest therein without the prior written approval of the Contract Administrator. Professional shall not subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors noted in the proposal, without prior written approval of the Contract Administrator.
8.5 Survival. All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating liability between City and Professional shall survive the termination of this Agreement.
8.6 Options upon Breach by Professional. If Professional materially breaches any of the terms of this Agreement, City’s remedies shall include, but not be limited to, the following:
8.6.1 Immediately terminate the Agreement;
8.6.2 Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Professional pursuant to this Agreement;
8.6.3 Retain a different Professional to complete the work described in Exhibit A not finished by Professional; or
ITEM 9.9. ATTACHMENT 2 Contract No. 2022-245
Last Revised January 2022
Professional Services Agreement between November 21, 2022 City of Rancho Cordova and MCE Corporation for Page 12 of 16 Stormwater Pump Station Operations and Maintenance Services
8.6.4 Charge Professional the difference between the cost to complete the work described in Exhibit A that is unfinished at the time of breach and the amount that City would have paid Professional pursuant to Section 2 if Professional had completed the work.
Section 9. KEEPING AND STATUS OF RECORDS.
9.1 Records Created as Part of Professional’s Performance. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that Professional prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the City. Professional hereby agrees to deliver those documents to the City upon termination of the Agreement. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for the City and are not necessarily suitable for any future or other use. City and Professional agree that, until final approval by City, all data, plans, specifications, reports and other documents are confidential and will not be released to third parties without prior written consent of both parties.
9.2 Professional’s Books and Records. Professional shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services or expenditures and disbursements charged to the City under this Agreement for a minimum of three (3) years, or for any longer period required by law, from the date of final payment to the Professional pursuant to this Agreement.
9.3 Inspection and Audit of Records. Any records or documents that Section 9.2 of this Agreement requires Professional to maintain shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of the City. Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds TEN THOUSAND DOLLARS ($10,000.00), the Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of the City, for a period of three (3) years after final payment under the Agreement.
Section 10 MISCELLANEOUS PROVISIONS.
10.1 Attorneys’ Fees. If a Party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing Party shall be entitled to reasonable attorneys’ fees in addition to any other relief to which ITEM 9.9. ATTACHMENT 2 Contract No. 2022-245
Last Revised January 2022
Professional Services Agreement between November 21, 2022 City of Rancho Cordova and MCE Corporation for Page 13 of 16 Stormwater Pump Station Operations and Maintenance Services that Party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose.
10.2 Venue. In the event that either Party brings any action against the other under this Agreement, the Parties agree that trial of such action shall be vested exclusively in the state courts of California in the County of Sacramento or in the United States District Court for the Eastern District of California.
10.3 Severability. If a court of competent jurisdiction finds or rules that any provision of this Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so adjudged shall remain in full force and effect. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement.
10.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this Agreement does not constitute a waiver of any other breach of that term or any other term of this Agreement.
10.5 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the Parties.
10.6 Use of Recycled Products. Professional shall prepare and submit all reports, written studies and other printed material on recycled paper to the extent it is available at equal or less cost than virgin paper.
10.7 Conflict of Interest. Professional may serve other clients, but none whose activities within the corporate limits of City or whose business, regardless of location, would place Professional in a “conflict of interest,” as that term is defined in the Political Reform Act, codified at California Government Code Section 81000 et seq.
Professional shall not employ any City official in the work performed pursuant to this Agreement. No officer or employee of City shall have any financial interest in this Agreement that would violate California Government Code Sections 1090 et seq.
Professional hereby warrants that it is not now, nor has it been in the previous twelve (12) months, an employee, agent, appointee, or official of the City. If Professional was an employee, agent, appointee, or official of the City in the previous twelve months, Professional warrants that it did not participate in any manner in the forming of this Agreement. Professional understands that, if this Agreement is made in violation of Government Code §1090 et.seq., the entire Agreement is void and Professional will not be entitled to any compensation for services performed pursuant to this Agreement, including reimbursement of expenses, and Professional will be required to reimburse the City for any sums paid to the Professional. Professional understands that, in addition to the foregoing, ITEM 9.9. ATTACHMENT 2 Contract No. 2022-245
Last Revised January 2022
Professional Services Agreement between November 21, 2022 City of Rancho Cordova and MCE Corporation for Page 14 of 16 Stormwater Pump Station Operations and Maintenance Services it may be subject to criminal prosecution for a violation of Government Code § 1090 and, if applicable, will be disqualified from holding public office in the State of California.
10.8 Solicitation. Professional agrees not to solicit business at any meeting, focus group, or interview related to this Agreement, either orally or through any written materials.
10.9 Contract Administration. This Agreement shall be administered by Dalia Fadl ("Contract Administrator"). All correspondence shall be directed to or through the Contract Administrator or his or her designee.
10.10 Notices. Any written notice to Professional shall be sent to:
MCE Corporation
6515 Trinity Court
Dublin, CA 94568
ATTN: Jeff Core, President
Email Address (for Insurance Update Requests) [email protected] Any written notice to City shall be sent to:
City of Rancho Cordova
2729 Prospect Park Dr
Rancho Cordova, CA 95670
ATTN: Dalia Fadl, Principal Engineer
10.11 Professional Seal. Where applicable in the determination of the Contract Administrator or when required by law, the first page of a technical report, first page of design specifications, and each page of construction drawings shall be stamped/sealed and signed by the licensed professional responsible for the report/design preparation. The stamp/seal shall be in a block entitled "Seal and Signature of Registered Professional with report/design responsibility," as in the following example. _________________________________________
Seal and Signature of Registered Professional with
report/design responsibility.
10.12 Integration. This Agreement, including the scope of work attached hereto and incorporated herein as Exhibit A, and the compensation schedule attached hereto and incorporated herein as Exhibit B, represents the entire and integrated agreement between City and Professional and supersedes all prior negotiations, representations, or agreements, either written or oral.
ITEM 9.9. ATTACHMENT 2 Contract No. 2022-245
Last Revised January 2022
Professional Services Agreement between November 21, 2022 City of Rancho Cordova and MCE Corporation for Page 15 of 16 Stormwater Pump Station Operations and Maintenance Services
10.13 IRS Form W-9. Professional shall complete and submit Internal Revenue Service Form W-9 to the City before execution of this Agreement. The City’s Finance Director shall have authority to waive this requirement.
ITEM 9.9. ATTACHMENT 2 Contract No. 2022-245
Last Revised January 2022
Professional Services Agreement between November 21, 2022 City of Rancho Cordova and MCE Corporation for Page 16 of 16 Stormwater Pump Station Operations and Maintenance Services IN WITNESS WHEREOF, the Parties have executed this Agreement as of the day and year first set forth above, which date shall be considered by the Parties to be the effective date of this Agreement.
CITY OF RANCHO CORDOVA PROFESSIONAL
______________________________ ______________________________ Cyrus Abhar, City Manager Jeff Core, President
Date: ____________________ Date: ____________________
Attest:
______________________________
Stacy Leitner, CMC, City Clerk
Date: ____________________
Approved as to Form:
______________________________
Adam U. Lindgren, City Attorney
ITEM 9.9. ATTACHMENT 2 Contract No. 2022-245
Last Revised January 2022
Professional Services Agreement between November 21, 2022 City of Rancho Cordova and MCE Corporation for Page 1 of 1 Stormwater Pump Station Operations and Maintenance Services
EXHIBIT A
SCOPE OF SERVICES
.
Professional will provide Pump Station Operations and Maintenance Services to the City as specified in the following Request for Proposals (RFP), which is incorporated in and made part of this contract, and shall survive all other terms and conditions under this contract. The Professional's proposal is also attached and made part of this contract:
ITEM 9.9. ATTACHMENT 2 Contract No. 2022-245
CITY OF RANCHO CORDOVA
DEPARTMENT OF PUBLIC WORKS
Requests for Proposals for:
Professional Services for
Stormwater Pump Station Operations and Maintenance
City of Rancho Cordova
Department of Public Works
2729 Prospect Park Drive
Rancho Cordova, CA 95670
Release Date: Wednesday, August 31, 2022
Written Questions Due: Friday, September 16, 2022 at 4 p.m.
Answers to Questions: Thursday, September 22, 2022
Proposals Due: Friday, September 30, 2022 at 4 p.m.
Interviews (If Necessary): Week of Monday, October 10, 2022 ITEM 9.9. ATTACHMENT 2 Contract No. 2022-245
Professional Services for Stormwater Pump Station Operations and Maintenance Page 2 of 42 Request for Proposals, 2022 City of Rancho Cordova
TABLE OF CONTENTS
Section 1 – Request for Proposals Overview………………………………………………………………………………..………...3 Section 2 – Scope of Services……………………………………………………………………..…………………………………………..6 Section 3 –Proposal Requirements……….…………………………………………………….………………………………………….8 Section 4 – Proposal Submittal Checklist …………………………………………………………..…………………………………10 Appendix A – Sample Contract………………………………………………………………………………..……..…………………….13 Appendix B – Insurance Requirements………………………………………………………………………………………………….28 Appendix C – Additional Special Provisions……………………………………………………………………………………........33 Appendix D – Technical Provisions………………………………………………………………………………………………………..40 Appendix E – Overview Map of City of Rancho Cordova Pump Stations and Reference Guides……..……..42 ITEM 9.9. ATTACHMENT 2 Contract No. 2022-245