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IV. COMPLIANCE WITH LAWS
SUBRECIPIENT shall observe and comply with all applicable Federal, State, and County laws, regulations and ordinances including, but not limited to, the additional Federal Provisions set forth in Exhibits C and D, and any other applicable American Rescue Plan Act of 2021 Coronavirus State and Local Fiscal Recovery Fund provisions.
V. GOVERNING LAWS AND JURISDICTION
This Agreement shall be deemed to have been executed and to be performed within the State of California and shall be construed and governed by the internal laws of the State of California. Any legal proceedings arising out of or relating to this Agreement shall be brought in Sacramento County, California.
VI. LICENSES, PERMITS AND CONTRACTUAL GOOD STANDING
A. SUBRECIPIENT shall possess and maintain all necessary licenses, permits, certificates and credentials required by the laws of the United States, the State of California, County of Sacramento and all other appropriate governmental agencies, including any certification and credentials required by COUNTY.
Failure to maintain the licenses, permits, certificates, and credentials shall be deemed a breach of this Agreement and constitutes grounds for the termination of this Agreement by COUNTY.
B. SUBRECIPIENT further certifies to COUNTY that it and its principals are not debarred, suspended, or otherwise excluded from or ineligible for, participation in federal, State or county government contracts. SUBRECIPIENT certifies that it shall not contract with a subcontractor that is so debarred or suspended.
VII. PERFORMANCE STANDARDS
SUBRECIPIENT shall perform its services under this Agreement in accordance with the industry and/or professional standards applicable to SUBRECIPIENT'S services.
IX. STATUS OF SUBRECIPIENT
A. It is understood and agreed that SUBRECIPIENT (including SUBRECIPIENT’s employees) is an independent SUBRECIPIENT and that no relationship of employer-employee exists between the parties hereto. SUBRECIPIENT’s assigned personnel shall not be entitled to any benefits payable to employees of County. County is not required to make any deductions or withholdings from the compensation payable to SUBRECIPIENT under the provisions of this agreement; and as an independent SUBRECIPIENT, SUBRECIPIENT hereby indemnifies and holds County harmless from any and all claims that may be ITEM 16.2.
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made against County based upon any contention by any third party that an employer-employee relationship exists by reason of this agreement.
B. It is further understood and agreed by the parties hereto that SUBRECIPIENT in the performance of its obligation hereunder is subject to the control or direction of County as to the designation of tasks to be performed, the results to be accomplished by the services hereunder agreed to be rendered and performed, and not the means, methods, or sequence used by SUBRECIPIENT for accomplishing the results.
C. If, in the performance of this agreement, any third persons are employed by SUBRECIPIENT, such person shall be entirely and exclusively under the direction, supervision, and control of SUBRECIPIENT. All terms of employment, including hours, wages, working conditions, discipline, hiring, and discharging, or any other terms of employment or requirements of law, shall be determined by SUBRECIPIENT, and the County shall have no right or authority over such persons or the terms of such employment.
D. It is further understood and agreed that as an independent SUBRECIPIENT and not an employee of County, neither the SUBRECIPIENT nor SUBRECIPIENT’s assigned personnel shall have any entitlement as a County employee, right to act on behalf of County in any capacity whatsoever as agent, nor to bind County to any obligation whatsoever. SUBRECIPIENT shall not be covered by worker’s compensation; nor shall SUBRECIPIENT be entitled to compensated sick leave, vacation leave, retirement entitlement, participation in group health, dental, life and other insurance programs, or entitled to other fringe benefits payable by the County to employees of the County.
E. It is further understood and agreed that SUBRECIPIENT must issue W-2 and 941 Forms for income and employment tax purposes, for all of SUBRECIPIENTs assigned personnel under the terms and conditions of this agreement.
X. INTENTIONALLY DELETED.
XI. COMPLIANCE WITH CHILD, FAMILY AND SPOUSAL SUPPORT
REPORTING OBLIGATIONS
A. SUBRECIPIENT’s failure to comply with state and federal child, family and spousal support reporting requirements regarding a SUBRECIPIENT’s employees or failure to implement lawfully served wage and earnings assignment orders or notices of assignment relating to child, family and spousal support obligations shall constitute a default under this Agreement.
B. SUBRECIPIENT’s failure to cure such default within 90 days of written notice by COUNTY shall be grounds for termination of this Agreement.
ITEM 16.2.
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C. SUBRECIPIENT shall complete and return SUBRECIPIENT Certification of Compliance forms (Exhibit “E”) at the same time SUBRECIPIENT returns the executed copies of this Agreement.
XII. BENEFITS WAIVER
SUBRECIPIENT acknowledges and agrees that SUBRECIPIENT is not entitled to receive the following benefits and/or compensation from COUNTY: medical, dental, vision and retirement benefits, life and disability insurance, sick leave, bereavement leave, jury duty leave, parental leave, or any other similar benefits or compensation otherwise provided to permanent civil service employees pursuant to the County Charter, the County Code, the Civil Service Rule, the Sacramento County Employees’ Retirement System and/or any and all memoranda of understanding between COUNTY and its employee organizations.
Should SUBRECIPIENT or any employee or agent of SUBRECIPIENT seek to obtain such benefits from COUNTY, SUBRECIPIENT agrees to indemnify and hold harmless COUNTY from any and all claims that may be made against COUNTY for such benefits.
XIII. RETIREMENT BENEFITS/STATUS
SUBRECIPIENT acknowledges and agrees that COUNTY has not made any representations regarding entitlement, eligibility for and/or right to receive ongoing Sacramento County Employee Retirement System (SCERS) retirement benefits during the term of this Agreement. By entering into this Agreement, SUBRECIPIENT assumes sole and exclusive responsibility for any consequences, impacts or action relating to such retirement benefits that is or will be occasioned as a result of the services provided by SUBRECIPIENT under this Agreement. SUBRECIPIENT waives any rights to proceed against COUNTY should SCERS modify or terminate retirement benefits based on SUBRECIPIENT's provision of services under this Agreement.
XIV. CONFLICT OF INTEREST
SUBRECIPIENT and SUBRECIPIENT’s officers and employees shall not have a financial interest, or acquire any financial interest, direct or indirect, in any business, property or source of income which could be financially affected by or otherwise conflict in any manner or degree with the performance of services required under this Agreement.
XV. LOBBYING AND UNION ORGANIZATION ACTIVITIES
A. SUBRECIPIENT shall comply with all certification and disclosure requirements prescribed by Section 319, Public Law 101-121 (31 U.S.C. § 1352) and any implementing regulations.
B. If services under this Agreement are funded with state funds granted to COUNTY, SUBRECIPIENT shall not utilize any such funds to assist, promote or ITEM 16.2.
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deter union organization by employees performing work under this Agreement and shall comply with the provisions of Government Code Sections 16645 through 16649.
XVI. GOOD NEIGHBOR POLICY
A. SUBRECIPIENT shall comply with COUNTY’s Good Neighbor Policy.
SUBRECIPIENT shall establish good neighbor practices for its facilities that include, but are not limited to, the following:
1. Provision of parking adequate for the needs of its employees and service population;
2. Provision of adequate waiting and visiting areas;
3. Provision of adequate restroom facilities located inside the facility;
4. Implementation of litter control services;
5. Removal of graffiti within seventy-two hours;
6. Provision for control of loitering and management of crowds;
7. Maintenance of facility grounds, including landscaping, in a manner that is consistent with the neighborhood in which the facility is located;
8. Participation in area crime prevention and nuisance abatement efforts; and
9. Undertake such other reasonable and feasible good neighbor practices as determined appropriate by COUNTY, based on COUNTY’s individualized assessment of SUBRECIPIENT’s facility, services and actual impacts on the neighborhood in which such facility is located.
B. SUBRECIPIENT shall identify, either by sign or other method as approved by the DIRECTOR (as defined in Section XXIX below), a named representative who shall be responsible for responding to any complaints relating to SUBRECIPIENT’s compliance with the required good neighbor practices specified in this Section. SUBRECIPIENT shall post the name and telephone number of such contact person on the outside of the facility, unless otherwise advised by DIRECTOR.
C. SUBRECIPIENT shall comply with all applicable public nuisance ordinances.
D. SUBRECIPIENT shall establish an ongoing relationship with the surrounding businesses, law enforcement and neighborhood groups and shall be an active member of the neighborhood in which SUBRECIPIENT’s site is located.
ITEM 16.2.
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E. If COUNTY finds that SUBRECIPIENT has failed to comply with the Good Neighbor Policy, COUNTY shall notify SUBRECIPIENT in writing that corrective action must be taken by SUBRECIPIENT within a specified time frame, but no less than ten (10) business days. If SUBRECIPIENT fails to commence such corrective action within the specified time frame, COUNTY shall take such actions as are necessary to implement the necessary corrective action. COUNTY shall deduct any actual costs incurred by COUNTY when implementing such corrective action from any amounts payable to SUBRECIPIENT under this Agreement.
F. SUBRECIPIENT’s continued non-compliance with the Good Neighbor Policy shall be grounds for termination of this Agreement and may also result in ineligibility for additional or future contracts with COUNTY.
XVII. NONDISCRIMINATION IN EMPLOYMENT, SERVICES, BENEFITS AND
FACILITIES
A. SUBRECIPIENT agrees and assures COUNTY that SUBRECIPIENT and any SUBCONTRACTORs shall comply with all applicable federal, state, and local Anti-discrimination laws, regulations, and ordinances and to not unlawfully discriminate, harass, or allow harassment against any employee, applicant for employment, employee or agent of COUNTY, or recipient of services contemplated to be provided or provided under this Agreement, because of race, ancestry, marital status, color, religious creed, political belief, national origin, ethnic group identification, sex, sexual orientation, age (over 40), medical condition (including HIV and AIDS), or physical or mental disability.
SUBRECIPIENT shall ensure that the evaluation and treatment of its employees and applicants for employment, the treatment of COUNTY employees and agents, and recipients of services are free from such discrimination and harassment.
B. SUBRECIPIENT represents that it is in compliance with and agrees that it will continue to comply with the Americans with Disabilities Act of 1990 (42 U.S.C. § 12101 et seq.), the Fair Employment and Housing Act (Government Code §§ 12900 et seq.), and regulations and guidelines issued pursuant thereto.
C. SUBRECIPIENT agrees to compile data, maintain records and submit reports to permit effective enforcement of all applicable antidiscrimination laws and this provision.
D. SUBRECIPIENT shall include this nondiscrimination provision in all subcontracts related to this Agreement.
XVIII. INDEMNIFICATION
To the fullest extent permitted by law, each of the Parties shall indemnify, defend and hold harmless each of the other Parties, their respective governing boards, ITEM 16.2.
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officers, directors, officials, employees, and authorized volunteers and agents from and against any and all claims, demands, actions, losses, liabilities, damages, and all expenses and costs incidental thereto (collectively “Claims”), including cost of defense, settlement, arbitration, and reasonable attorneys' fees, resulting from injuries to or death of persons, including but not limited to employees of either Party hereto, and damage to or destruction of property or loss of use thereof, including but not limited to the property of either Party hereto, arising out of, pertaining to, or resulting from the acts or omissions of the their respective governing boards, officers, directors, officials, employees, volunteers, agents, or contractors.
It is the intention of the Parties that the provisions of this indemnity be interpreted to impose on each Party responsibility for the acts and omissions of their respective governing boards, officers, directors, officials, employees, volunteers, agents or contractors. It is also the intention of the Parties that, where comparative fault is determined to have been contributory, principles of comparative fault will be followed and each Party shall bear the proportionate cost of any Claims attributable to the fault of that Party, its governing board, officers, directors, officials, employees, volunteers, agents, or contractors.
This indemnity shall not be limited by the types and amounts of insurance or self- insurance maintained by the Parties.
Nothing in this Indemnity shall be construed to create any duty to, any standard of care with reference to, or any liability or obligation, contractual or otherwise, to any third party.
The provisions of this Indemnity shall survive the expiration or termination of the Agreement.
XIX. INSURANCE
Each party, at its sole cost and expense, shall carry insurance, or self-insure its activities in connection with this Agreement, and obtain, keep in force and maintain, insurance or equivalent programs of self-insurance, for general liability, professional insurance, workers compensation, and business automobile liability adequate to cover its potential liabilities hereunder. Each party agrees to provide the other thirty (30) days' advance written notice of any cancellation, termination or lapse of any of the insurance or self-insurance coverages.
XX. INFORMATION TECHNOLOGY ASSURANCES
SUBRECIPIENT shall take all reasonable precautions to ensure that any hardware, software, and/or embedded chip devices used by SUBRECIPIENT in the performance of services under this Agreement, other than those owned or provided by COUNTY, shall be free from viruses. Nothing in this provision shall be construed to limit any rights or remedies otherwise available to COUNTY under this Agreement.
ITEM 16.2.
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Agreement Number: D1-01-D5-08-2024
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XXI. WEB ACCESSIBILITY
SUBRECIPIENT shall ensure that all web sites and web applications provided by SUBRECIPIENT pursuant to this Agreement shall comply with COUNTY's Web Accessibility Policy adopted by the Board of Supervisors on February 18, 2003 as well as any approved amendment thereto.
XXII. COMPENSATION AND PAYMENT OF INVOICES LIMITATIONS
A. Compensation under this Agreement shall be limited to the Maximum Total Payment Amount set forth in Exhibit B, or Exhibit B as modified by COUNTY in accordance with express provisions in this Agreement, and as identified in Attachment A, Federal Funding Identification and Schedule.
B. SUBRECIPIENT shall submit an invoice on the forms and in accordance with the procedures prescribed by COUNTY on a monthly basis for services performed during the previous month. Invoices shall be submitted to COUNTY no later than the fifteenth (15th) day of the month following the invoice period, and COUNTY shall pay SUBRECIPIENT within thirty (30) days after receipt of an appropriate and correct invoice. The payment shall only occur after the COUNTY reviews the SUBRECIPIENT’S reimbursement request to ensure that expenditures detailed therein qualify for reimbursement in accordance with all published federal, state, and local guidance regarding the use of funds as specified by the US TREASURY. All payments from the COUNTY to the SUBRECIPIENT are subject to all applicable federal, state, and local laws regarding the governance of ARPA funds.
C. COUNTY operates on a July through June fiscal year. Invoices for services provided in any fiscal year should be submitted no later than July 31, one month after the end of the fiscal year.
D. The COUNTY may request reasonable additional information from the SUBRECIPIENT, as needed, to meet any additional guidelines regarding the use of ARPA funds that may be established by the US TREASURY during the term of this Agreement.
E. SUBRECIPIENT shall maintain for five years following December 31, 2026 full and complete documentation of all services and expenditures associated with the use of funds covered under this Agreement.
F. In the event SUBRECIPIENT fails to comply with any material provisions of this Agreement, COUNTY may withhold payment until such non-compliance has been corrected.
XXIII. LEGAL TRAINING INFORMATION
ITEM 16.2.
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Agreement Number: D1-01-D5-08-2024
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If under this Agreement SUBRECIPIENT is to provide training of County personnel on legal issues, then SUBRECIPIENT shall submit all training and program material for prior review and written approval by County Counsel. Only those materials approved by County Counsel shall be utilized to provide such training.
XXIV. SUBCONTRACTS, ASSIGNMENT
A. SUBRECIPIENT shall obtain prior written approval from COUNTY, which shall not be unreasonably withheld, delayed, or conditioned. before subcontracting any of the services delivered under this Agreement. SUBRECIPIENT remains legally responsible for the performance of all contract terms including work performed by third parties under subcontracts. Any subcontracting will be subject to all applicable provisions of this Agreement including any and all insurance requirements. SUBRECIPIENT shall be held responsible by COUNTY for the performance of any subcontractor whether approved by COUNTY or not.
SUBRECIPIENT shall attach and apply all terms and conditions in Exhibits C and D, as applicable, to all subcontracts, and shall require that all subcontractors of all levels comply with and attach and apply these terms and conditions to their subcontracts, if any, as applicable.
This Agreement is not assignable by SUBRECIPIENT in whole or in part, without the prior written consent of COUNTY.
XXV. AMENDMENT AND WAIVER
Except as provided herein, no alteration, amendment, variation, or waiver of the terms of this Agreement shall be valid unless made in writing and signed by both parties. Waiver by either party of any default, breach or condition precedent shall not be construed as a waiver of any other default, breach or condition precedent, or any other right hereunder. No interpretation of any provision of this Agreement shall be binding upon COUNTY unless agreed in writing by DIRECTOR and counsel for COUNTY.
XXVI. SUCCESSORS
This Agreement shall bind the successors of COUNTY and SUBRECIPIENT in the same manner as if they were expressly named.
XXVII. TIME
Time is of the essence of this Agreement.
XXVIII. INTERPRETATION
This Agreement shall be deemed to have been prepared equally by both of the parties, and the Agreement and its individual provisions shall not be construed or ITEM 16.2.
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interpreted more favorably for one party on the basis that the other party prepared it.
XXIX. DIRECTOR
As used in this Agreement, "DIRECTOR" shall mean the Director of the Office of Economic Development, or his/her designee.
XXX. DISPUTES
In the event of any dispute arising out of or relating to this Agreement, the parties shall attempt, in good faith, to promptly resolve the dispute mutually between themselves. Pending resolution of any such dispute, SUBRECIPIENT shall continue without delay to carry out all its responsibilities under this Agreement unless the Agreement is otherwise terminated in accordance with the Termination provisions herein. COUNTY shall not be required to make payments for any services that are the subject of this dispute resolution process until such dispute has been mutually resolved by the parties. If the dispute cannot be resolved within 15 calendar days of initiating such negotiations or such other time period as may be mutually agreed to by the parties in writing, either party may pursue its available legal and equitable remedies, pursuant to the laws of the State of California. Nothing in this Agreement or provision shall constitute a waiver of any of the government claim filing requirements set forth in Title 1, Division 3.6, of the California Government Code or as otherwise set forth in local, state and federal law.
XXXI. TERMINATION
A. COUNTY may terminate this Agreement without cause upon thirty (30) days written notice to the other party. Notice shall be deemed served on the date of mailing. If notice of termination for cause is given by COUNTY to SUBRECIPIENT and it is later determined that SUBRECIPIENT was not in default or the default was excusable, then the notice of termination shall be deemed to have been given without cause pursuant to this paragraph (A).
B. COUNTY may terminate this Agreement for cause following City's failure to cure a noticed default by immediately giving written notice to SUBRECIPIENT should SUBRECIPIENT materially fail to perform any of the covenants contained in this Agreement in the time and/or manner specified. In the event of such termination, COUNTY may proceed with the work in any manner deemed proper by COUNTY. If notice of termination for cause is given by COUNTY to SUBRECIPIENT and it is later determined that SUBRECIPIENT was not in default or the default was excusable, then the notice of termination shall be deemed to have been given without cause pursuant to paragraph (A) above.
C. COUNTY may terminate or amend this Agreement immediately upon giving written notice to SUBRECIPIENT that funds are not available because: 1) Sufficient funds are not appropriated in COUNTY’s Adopted or Adjusted Budget; ITEM 16.2.
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2) the COUNTY is advised the funds are not available from external sources for this Agreement or any portion thereof, including if distribution of such funds to the COUNTY is suspended or delayed; 3) if funds for the services and/or programs provided pursuant to this Agreement are not appropriated by the State; 4) funds that were previously available for this Agreement are reduced, eliminated, and/or reallocated by COUNTY as a result of budget or revenue reductions during the fiscal year.
D. If this Agreement is terminated under paragraph A or C above, SUBRECIPIENT shall only be paid for any services completed and provided prior to notice of termination. In the event of termination under paragraph A or C above, SUBRECIPIENT shall be paid an amount which bears the same ratio to the total compensation authorized by the Agreement as the services actually performed bear to the total services of SUBRECIPIENT covered by this Agreement, less payments of compensation previously made. In no event, however, shall COUNTY pay SUBRECIPIENT an amount which exceeds a pro rata portion of the Agreement total based on the portion of the Agreement term that has elapsed on the effective date of the termination.
E. SUBRECIPIENT shall not incur any expenses under this Agreement after notice of termination and shall cancel any outstanding expenses obligations to a third party that SUBRECIPIENT can legally cancel.
XXXII. REPORTS
A. SUBRECIPIENT shall, without additional compensation therefor, make fiscal, program evaluation, progress, and such other reports as may be reasonably required by DIRECTOR concerning SUBRECIPIENT's activities as they affect the contract duties and purposes herein. COUNTY shall explain procedures for reporting the required information.
B. SUBRECIPIENT agrees that, pursuant to Government Code section 7522.56, SUBRECIPIENT shall make best efforts to determine if any of its employees or new hires providing direct services to the county are members of the Sacramento County Employees’ Retirement System (SCERS).
SUBRECIPIENT further agrees that it shall make a report bi-annually (due no later than January 31st and July 31st) to the COUNTY with a list of its employees that are members of SCERS along with the total number of hours worked during the previous 6 months. This report shall be forwarded to where Notice is sent pursuant to Roman numeral III of this Agreement.
XXXIII. AUDITS AND RECORDS
A. COUNTY or its designee shall have the right at reasonable times and intervals to audit, at SUBRECIPIENT premises, SUBRECIPIENT’S financial and program records as necessary to determine SUBRECIPIENT’S compliance with legal and grant agreement requirements and the correctness ITEM 16.2.
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of claims submitted by SUBRECIPIENT. SUBRECIPIENT shall maintain such records for a period of at least five years following December 31, 2026, and shall make them promptly available for copying upon COUNTY’S request.
COUNTY shall have the right to withhold any payment under this Agreement until SUBRECIPIENT has provided access to its financial and program records related to this Agreement.
B. If SUBRECIPIENT expends seven hundred fifty thousand dollars ($750,000) or more in federal awards during its fiscal year, the SUBRECIPIENT must have a single audit completed and conducted in accordance with 2 CFR § 200.514, unless SUBRECIPIENT elects to have a program-specific audit in accordance with 2 CFR § 200.501(c); and SUBRECIPIENT shall comply with all of the federal auditing requirements found in 2 CFR Subpart F.
C. In addition to the OMB requirements of paragraph B of this section, COUNTY requires SUBRECIPIENT to provide an annual Audited or Reviewed financial statement as follows:
1. Annual Audited financial statements and accompanying Auditor’s report and notes is required from SUBRECIPIENT when COUNTY has awarded contracts totaling $150,000 or more for any twelve-month period. The Audited financial statement shall be prepared in accordance with Generally Accepted Accounting Principles (GAAP) and the Audit shall be performed by an independent Certified Public Accountant in accordance with Generally Accepted Auditing Standards (GAAS).
2. Annual Reviewed financial statements are required from SUBRECIPIENT when COUNTY has awarded contracts totaling less than $150,000, but more than $50,000 for any twelve-month period. The Reviewed financial statement shall be prepared by an independent Certified Public Accountant in accordance with Statements on Standards for Accounting and Review Services issued by the AICPA. Audited financial statements may be substituted for Reviewed financial statements.
3. Should any audit findings be noted in the Audit or Review SUBRECIPIENT must submit a Corrective Action Plan with the Audit or Review detailing how the audit findings will be addressed.
4. If management letters are issued by a Certified Public Accountant separate from the audit, SUBRECIPIENT is required to provide copies to COUNTY, and submit corrective action plans to address findings or recommendations noted in the management letters.
5. The annual Audited or Reviewed financial statement shall include a Summary of Auditor’s Results.
D. Term of the Audit or Review
ITEM 16.2.
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The Audit(s) or Review(s) shall cover the entire term of the contract. If SUBRECIPIENT’S fiscal year is different than the contract term, multiple Audits or Reviews shall be required, in order to cover the entire term of the contract.
E. Termination
If the Agreement is terminated for any reason during the contract period, the Audit or Review shall cover the entire period of the Agreement for which services were provided.
F. Submittal and Due Dates for Audits or Reviews
SUBRECIPIENT shall provide to COUNTY a copy of the Audit or Review, as required in this section, due six months following the end of SUBRECIPIENT’S fiscal year. Audit or Review shall be sent to:
Office of Economic Development
Attn: Crystal Bethke
700 H Street, Suite 6750
Sacramento, CA 95814
G. Request for Extension of Due Date
SUBRECIPIENT may request an extension of the due date for the Audit or Review in writing. Such request shall include the reason for the delay, a specific date for the extension and be sent to:
Office of Economic Development
Attn: Crystal Bethke
700 H Street, Suite 6750
Sacramento, CA 95814
H. Past Due Audit/Review
COUNTY may withhold payments due to SUBRECIPIENT from all past, current and future contracts when past, current or future audits/reviews are not provided to COUNTY by due date or approved extended due date.
XXXIV. Intentionally Left Blank
XXXV. PRIOR AGREEMENTS
This Agreement constitutes the entire contract between COUNTY and SUBRECIPIENT regarding the subject matter of this Agreement. Any prior agreements, whether oral or written, between COUNTY and SUBRECIPIENT regarding the subject matter of this Agreement are hereby terminated effective immediately upon full execution of this Agreement.
XXXVI. SEVERABILITY
ITEM 16.2.
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If any term or condition of this Agreement or the application thereof to any person(s) or circumstance is held invalid or unenforceable, such invalidity or unenforceability shall not affect other terms, conditions, or applications which can be given effect without the invalid term, condition, or application; to this end the terms and conditions of this Agreement are declared severable.
XXXVII. FORCE MAJEURE
Neither SUBRECIPIENT nor COUNTY shall be liable or responsible for delays or failures in performance resulting from events beyond the reasonable control of such party and without fault or negligence of such party. Such events shall include but not be limited to acts of God, strikes, lockouts, riots, acts of war, epidemics, acts of government, pandemics, government-mandated closures or similar orders, fire, power failures, nuclear accidents, earthquakes, unusually severe weather, acts of terrorism, or other disasters, whether or not similar to the foregoing, and acts or omissions or failure to cooperate of the other party or third parties (except as otherwise specifically provided herein).
XXXVIII. SURVIVAL OF TERMS
All services performed and deliverables provided pursuant to this Agreement are subject to all of the terms, conditions, price discounts and rates set forth herein, notwithstanding the expiration of the initial term of this Agreement or any extension thereof. Further, the terms, conditions and warranties contained in this Agreement that by their sense and context are intended to survive the completion of the performance, cancellation or termination of this Agreement shall so survive.
XXXIX. ECONOMIC SANCTIONS
Pursuant to California State Executive Order N-6-22 (Order) imposing economic sanctions against Russia and declaring support of Ukraine, County shall terminate any contract with any individual or entity that is in violation of the Order or that is subject to economic sanctions therein, and shall not enter a contract with any such individual or entity while the Order is in effect.
XL. INCORPORATION OF EXHIBITS AND ATTACHMENTS.
The Exhibits and Attachments attached to this Agreement are incorporated herein and shall be considered a part of this Agreement for all purposes.
XLI. DUPLICATE COUNTERPARTS
This Agreement may be executed in duplicate counterparts. The Agreement shall be deemed executed when it has been signed by both parties.
Signatures scanned and transmitted electronically shall be deemed original signatures for purposes of this Agreement, with such scanned signatures having ITEM 16.2.
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the same legal effect as original signatures. This Agreement may be executed through the use of an electronic signature and will be binding on each party as if it were physically executed.
XLII. AUTHORITY TO EXECUTE
Each person executing this Agreement represents and warrants that he or she is duly authorized and has legal authority to execute and deliver this Agreement for or on behalf of the parties to this Agreement, including the Exhibits hereto. Each party represents and warrants to the other that the execution and delivery of the Agreement and the performance of such party's obligations hereunder have been duly authorized.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed as of the day and year first written above.
COUNTY OF SACRAMENTO, SUBRECIPIENT,
By: ______________________ By: _______________________ Crystal Bethke, Director
Office of Economic Development
Date: Date:
CONTRACT AND SUBRECIPIENT TAX STATUS
REVIEWED AND APPROVED BY COUNTY COUNSEL
By: _____________________________ Date: _______________________
ITEM 16.2.
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ATTACHMENT A to Agreement between the County of Sacramento, hereinafter referred to as “COUNTY”, and City of Rancho Cordova, hereinafter referred to as “SUBRECIPIENT”
Federal Funding Identification and Schedule
Required Pursuant to 2 CFR 200.332
Subrecipient name (which must match the
name associated with its unique entity
identifier):
CITY OF RANCHO CORDOVA
Subrecipient's unique entity identifier: ZPFZUH75WCL2
Federal Award Identification Number (FAIN): HR 1319, Title IX, Subtitle M, Section 9901
Federal Award Date (date when the Federal
award is signed by the authorized official of
the Federal awarding agency) of award to the
recipient by the Federal agency:
05/19/2021
Subaward Period of Performance Start and
End Date:
Start: Contract Execution Date
End: December 31, 2026
Subaward Budget Period Start and End
Date:
Start: Contract Execution Date
End: December 31, 2026
Amount of Federal Funds Obligated by this
action by the pass-through entity
(Sacramento County) to the subrecipient:
$3,000,000
Total Amount of Federal Funds Obligated to
the subrecipient by the pass-through entity
including the current financial obligation:
$3,000,000
Total Amount of the Federal Award
committed to the subrecipient by the pass-
through entity:
$3,000,000
Federal award project description, as
required to be responsive to the Federal
Funding Accountability and Transparency Act
(FFATA):
For use compliant with Section 603 of
the Social Security Act, as amended
by Section 9901 of the ARP Act of
2021
Name of Federal awarding agency, pass-
through entity, and contact information for
awarding official of the Pass-through entity:
U.S. Department of Treasury, Crystal
Bethke, Director Office of Economic
Development
Assistance Listings number and Title (pass-
through entity must identify the dollar amount
made available under each Federal award
and the Assistance Listings Number at time
of disbursement):
21.027
Coronavirus Local Fiscal Recovery
Fund (CLFRF)
Is the award for research and development? No
Indirect cost rate for the Federal award
(including if the de minimis rate is charged)
per § 200.414:
10% de minimis indirect cost rate
ITEM 16.2.
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Agreement Number: D1-01-D5-08-2024
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EXHIBIT A to Agreement
between the County of Sacramento,
hereinafter referred to as "COUNTY", and
City of Rancho Cordova,
hereinafter referred to as "SUBRECIPIENT"
SCOPE OF SERVICES
1. SERVICE LOCATION(S)
City of Rancho Cordova, Sacramento County
2. DESCRIPTION OF SERVICES
SUBRECIPIENT shall use the funding awarded under this Agreement for Project expenses that may include predevelopment, engineering, design, and development and construction expenses on an approximately 2 acre portion of Assessor Parcel Number 067-0010-093, as more particularly described in Exhibit A, for homeless and/or disabled Veterans households and homeless families, with the affordability covenants in the Affordable Housing Agreement between COUNTY and SUBRECIPIENT. The Project includes new construction of a multi-family, three- story, single-loaded elevator building. Project includes 70 apartments for homeless and/or disabled veterans’ households and homeless families. Unit mix includes 58 one-bedrooms and 12 two -bedroom units. Also includes a Community Building in the courtyard and ~45 surface parking spaces. SUBRECIPIENT shall prioritize use of the funding awarded under this Agreement, before using other sources of Project funding, for eligible Project expenses.
Anticipated Project expenses to be reimbursed under this Agreement are listed below. The actual Project expenses reimbursed under this Agreement may vary. • Utilities: $500,000
• Site Preparation/Excavation: $500,000
• Foundations and building framing: $2,000,000
Subrecipient shall be responsible for meeting the objectives of this Subaward in a manner that is deemed satisfactory by the COUNTY and consistent with the standards set forth in this Agreement, the Federal Award, and any directives or guidance issued by the Federal Awarding Agency.
Subrecipient shall not obligate, encumber, spend, or otherwise utilize funds provided pursuant to this Agreement for any activity or purpose not included in, or in conformance with, this Agreement.
3. SCHEDULE
SUBRECIPIENT shall complete the services in an expeditious manner and transmit all applicable materials to the COUNTY.
ITEM 16.2.
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4. RESPONSIBILITIES OF COUNTY AND SUBRECIPIENT FOR SCOPE
A. COUNTY, or its authorized representatives, shall review all documents submitted by SUBRECIPIENT and render decisions pertaining thereto as promptly as is reasonable under the circumstances at the time in order to avoid unreasonable delay of the progress of SUBRECIPIENT. COUNTY shall furnish information and services as required by this Agreement and shall render approvals and decisions as expeditiously as is reasonably necessary under the circumstances at the time for the orderly progress of the SUBRECIPIENT’S services and of the Project.
B. SUBRECIPIENT shall be solely responsible for the quality and accuracy of its work and the work of its subcontractors performed in connection with this Agreement. Any review, approval, or concurrence therewith by the COUNTY shall not be deemed to constitute acceptance or waiver by the COUNTY of any error or omission as to such work. SUBRECIPIENT shall coordinate the activities of any subcontractors.
5. AUTHORITY OF SUBRECIPIENT PERFORMING SCOPE OF WORK
SUBRECIPIENT is retained to provide and perform the scope of services covered by this Agreement. SUBRECIPIENT, including SUBRECIPIENT’s assigned personnel, shall have no authority to represent COUNTY or COUNTY staff at any meetings of public or private agencies unless an appropriate COUNTY official provides prior written authorization for such representation which outlines the purpose, scope and duration of such representation. SUBRECIPIENT shall possess no authority or right to act on behalf of COUNTY in any capacity whatsoever as agent, nor to bind COUNTY to any obligations whatsoever. COUNTY is responsible for making all policy and governmental decisions related to the work covered by this Agreement.
6. PUBLICATION OF DOCUMENTS AND DATA
SUBRECIPIENT shall not publish, or disclose to any third party, documents, data, or any confidential information relative to the work of the COUNTY without the prior written consent of COUNTY, however, submission or distribution to meet official regulatory requirements, or for other purposes authorized by this Agreement, shall not be construed as publication in derogation of the rights of either the COUNTY or SUBRECIPIENT.
7. COMPLIANCE WITH COVID-19 GUIDELINES AND PUBLIC HEALTH ORDERS
SUBRECIPIENT shall be solely and completely responsible for implementing and complying with the applicable COVID-19 guidelines from the California Department of Industrial Relations, Division of Occupational Safety and Health, and the applicable COVID-19 guidance from the Centers for Disease Control and Prevention for the protection of workers including but not limited to, regulations concerning education, training, routine cleaning, on-site washing facilities, and the use of Personal Protective Equipment (PPE) at the Work site (collectively, “Guidelines”).
ITEM 16.2.
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SUBRECIPIENT shall comply with all State and Sacramento County Public Health Officer Orders in effect during the term of this Agreement.
8. RELATIONSHIP WITH THE COUNTY
SUBRECIPIENT is required to provide COUNTY with up-to-date information regarding program operations to ensure effective delivery of services provided under this Agreement, including but not limited to:
a) Regular communication with the COUNTY about the implementation of these services.
b) Participation in meetings with the COUNTY, as requested, to address any barriers encountered with implementation and/or service delivery, or any other concerns related to this Agreement.
9. PRESS AND MEDIA COORDINATION
SUBRECIPIENT shall provide notice to and coordinate with COUNTY prior to participating in or providing information for any press or media release, interview, event or other communication regarding services provided under this Agreement.
SUBRECIPIENT will also alert COUNTY about any media inquiries that pertain to this partnership and coordinate response.
SUBRECIPIENT does not need to receive COUNTY permission on the content of social media posts.
10. ACKNOWLEDGMENT OF FUNDING SUPPORT
SUBRECIPIENT shall list “Made possible through the American Rescue Plan Act Coronavirus State and Local Fiscal Recovery Fund Coronavirus Local Fiscal Recovery Funding awarded to the County of Sacramento by the U.S. Department of the Treasury” on any announcements, pamphlets, flyers, program materials, training materials and any other written materials, social media or website post, promotional materials, and/or any media releases related to the services and programs paid for with the funding provided under this Agreement.
11. PROJECT KEY CONTACTS
Any change in the below key contacts shall be made in writing prior to the change.
Key contacts for this project shall be as follows:
COUNTY: Crystal Bethke SUBRECIPIENT: Stefan Heisler 916-874-8606 916-851-8757
[email protected] [email protected]
ITEM 16.2.
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EXHIBIT B to Agreement
between the County of Sacramento,
hereinafter referred to as "COUNTY", and
City of Rancho Cordova,
hereinafter referred to as "SUBRECIPIENT"
COMPENSATION
1. MAXIMUM PAYMENT TO SUBRECIPIENT
The Maximum Total Payment Amount under this Agreement is: $3,000,000.
2. COMPENSATION COMPONENTS
Compensation for services rendered under this Agreement shall be in accordance with the fee schedules, as summarized above. Services rendered shall be billed at the usual customary rates for the services actually rendered.
Total compensation, including fees, expenses, and profits, for services rendered by SUBRECIPIENT shall not exceed the Maximum Total Payment Amount indicated above.
3. ITEMIZED TASKS AND SUBTASKS
If SUBRECIPIENT’s Proposal contains a schedule of tasks or subtasks with identified levels of effort such as estimated hours and/or estimated costs, or identifiable work products, milestones, or other events, then compensation for these individual tasks or activities shall not exceed the identified estimate or other limiting factors without the written approval of COUNTY’s Project Manager.
SUBRECIPIENT shall promptly notify COUNTY’s Project Manager in writing of any tasks, subtasks, work products, or milestones that need to be re-evaluated and indicate the reason and/or justification for such reevaluation. COUNTY’s Project Manager is authorized to negotiate adjustments of individual tasks so long as the work is within the general scope of the project and the total compensation does not exceed the Maximum Total Payment Amount under this Agreement listed above.
4. WORK NOT IN SCOPE OF SERVICES
SUBRECIPIENT shall immediately notify the COUNTY’s Project Manager in writing of any work that the COUNTY requests to be performed that SUBRECIPIENT believes is outside of the original scope of work covered by this Agreement. If it is determined that said request is outside of the scope of work, such work shall not be performed unless and until the DIRECTOR approves such request in writing and authorizes the use of any contingency funds, if any, for such work, or an amendment providing for an adjustment in SUBRECIPIENT’s compensation is approved and executed by both parties.
5. NOTIFICATION OF 50% AND 100% EXPENDITURE OF COMPENSATION SUBRECIPIENT shall notify COUNTY’S Project Manager in writing upon expenditure of fifty percent (50%) of the authorized Agreement amount and upon ITEM 16.2.
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one hundred percent (100%) of the authorized Agreement amount.
6. SUBMISSION OF INVOICES
SUBRECIPIENT shall submit an invoice on the forms and in accordance with the procedures prescribed by COUNTY on a monthly basis for services performed during the previous month. Invoices shall be submitted to COUNTY no later than the fifteenth (15th) day following the invoice period, and COUNTY shall pay SUBRECIPIENT within thirty (30) days after receipt of an appropriate and correct invoice.
SUBRECIPIENT shall include the following information on all invoices:
1. Grant Agreement Number:
2. Project Name: New Housing at Mather for Homeless and/or Disabled Veterans Households and Homeless Families,
3. Date of Invoice Submission
4. Time Period Invoice Covers
5. Services Provided, Respective Compensation Requested, and certification from SUBRECIPIENT’S financial officer that invoiced expenses were incurred by SUBRECIPIENT
6. Any other information deemed necessary by SUBRECIPIENT and/or COUNTY, including copies of invoices received by SUBRECIPIENT from vendors for which SUBRECIPIENT is requesting reimbursement.
6. PAYMENTS
In accordance with the Compensation and Payment of Invoices Limitations provision of this Agreement, COUNTY shall address and submit payments to SUBRECIPIENT at address in the Notice provision of this Agreement.
SUBRECIPIENT may change the address to which subsequent payments shall be sent by giving written notice designating a change of address to COUNTY, which shall be effective upon receipt.
7. BUDGET REVISION REQUESTS
A request for line item transfers within budget categories must be made prior to any expenditure made using requested budget changes. The line item transfers may be approved, provided such transfers do not exceed the total Agreement amount and do not compromise the intent of the program/services.
ITEM 16.2.
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EXHIBIT C to Agreement
between the County of Sacramento,
hereinafter referred to as "COUNTY", and
City of Rancho Cordova,
hereinafter referred to as "SUBRECIPIENT"
FEDERAL SUBAWARD AMERICAN RESCUE PLAN ACT 2021
REQUIREMENTS
The terms of this Exhibit shall apply to Subrecipient, and all of its subcontractors, subrecipients, and any other entities or persons (excluding beneficiaries) receiving or being reimbursed under the Agreement. Subrecipient shall include this Exhibit in all agreements executed for performance of this Agreement, as relevant. To the extent there are conflicts between this Exhibit and the Agreement, this Exhibit shall prevail unless stated otherwise. Subrecipients who receive funding under the American Rescue Plan Act ("ARPA") Coronavirus State and Local Fiscal Recovery Fund shall comply with all ARPA-applicable requirements of federal, State, and local laws, ordinances, executive orders, regulations, project and administrative requirements, policies and any o ther requirements and any other requirements including but not limited to current and subsequent U.S. Treasury rules, regulations, guidelines, and instructions, executive orders and other applicable laws. This Exhibit includes key provisions of the ARPA se t forth in 2 CFR Appendix II to Part 200 (Contract Provisions for Non -Federal Entity Contracts Under Federal Awards), and in no means limits the Subrecipient's obligation to comply with all applicable requirements of federal, State, and local laws, ordinan ces, executive orders, regulations, program and administrative requirements, policies and any other requirements as they pertain to the performance of this Agreement.
A. Subrecipient Acknowledgement . The Subrecipient acknowledges that it is a subrecipient as defined in title 2 of the Code of Federal Regulations ("CFR") 200.93.
B. Subrecipient Compliance with Federal Award. At all times during which the Subrecipient is performing under this Agreement, the Subrecipient shall comply with the terms of the underlying Federal Award, as well as with any guidance provided by the Federal Awarding Agency.
C. Compliance with the Federal Uniform Guidance. The Subrecipient shall comply with all applicable provisions of the Federal Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards as found in 2 CFR Part 200 (the “Uniform Guidance”) when meeting its obligations under this Agreement.
The Uniform Guidance can be found at: https://www.ecfr.gov/current/title-2/subtitle- A/chapter-II/part-200?toc=1.
D. References for Emphasis Only. The parties hereby agree that the specific provisions of the Uniform Guidance – or any other applicable federal, state, or local ITEM 16.2.
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law – that are referenced in this Agreement are referenced for emphasis only. The exclusion of a specific applicable provision of law from this Agreement does not alleviate the Subrecipient from its obligation to comply with any such applicable provisions.
E. Federal Agency Guidance Obligations. By executing this Agreement, the Subrecipient hereby certifies that it has reviewed 2 CFR Part 200 and any and all relevant Federal Awarding Agency guidance and that it understands its obligations pursuant to such federal regulations and guidance . Subrecipient is required to comply with the Coronavirus State and Local Fiscal Recovery Fund Federal Provisions: COVID-19 State and Local Fiscal Guidance for State, Territorial, Local and Tribal Governments found at: https://home.treasury.gov/policy- issues/coronavirus/assistance-for-state-local-and-tribal-governments/state-and- local-fiscal-recovery-funds; U.S. Treasury COVID -19 State and Local Fiscal Recovery Fund - Final Rule found at: https://www.govinfo.gov/content/pkg/FR-2022- 01-27/pdf/2022-00292.pdf; COVID -19 U.S. Treasury State and Local Fiscal Recovery Funds: Overview of the Final Rule found at:
https://home.treasury.gov/system/files/136/SLFRF-Final-Rule-Overview.pdf; COVID-19 State and Local Fiscal Recovery Fund Frequently Asked Questions found at: https://home.treasury.gov/system/files/136/SLFRPFAQ.pdf;COVID-19 State and Local Fiscal Recovery Fund Fact Sheet found at:
https://home.treasury.gov/system/files/136/SLFRP-Fact-Sheet-FINAL1-508A.pdf; U.S. Treasury Assistance Listing 21.027 Coronavirus State and Local Fiscal Recovery Funds found at:
https://www.cfo.gov/assets/files/Treasury%20SLFRF%20Compliance%20Supplem ent%20Addendum%201%20PDF.pdf; and any other federal agency guidance relevant to this Agreement.
F. Prohibition on Duplicative Funding. The Subrecipient may not accept duplicate funding for any cost, position, service, or deliverable funded by the Federal Award.
Duplicative funding is defined as more than one-hundred percent (100%) payment from all funding sources for any cost, position, service, or deliverable. If duplicate funding is discovered, this Agreement may be suspended while the extent of the overpayment is determined, or may be terminated. Such suspension or termination may be initiated at the sole discretion of the County.
G. Audits and Records
COUNTY or its designee and the United States Department of the Treasury Office of Inspector General or its designee shall have the right at reasonable times and intervals to audit, at Subrecipient premises, Subrecipient’s financial and program records as necessary to determine compliance with legal and grant agreement requirements and the correctness of claims submitted by Subrecipient.
Subrecipient shall maintain such records for a period of at least five years following December 31, 2026, and shall make them promptly available for copying upon request.
If Subrecipient expends seven hundred fifty thousand dollars ($750,000) or more in federal awards during its fiscal year, the SUBRECIPIENT must have a single audit ITEM 16.2.
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completed and conducted in accordance with 2 CFR § 200.514, unless Subrecipient elects to have a program-specific audit in accordance with 2 CFR § 200.501(c); and Subrecipient shall comply with all of the federal auditing requirements found in 2 CFR Subpart F.
H. Grant Subaward . The Subrecipient shall enter into a written grant subaward agreement for each subaward of ARPA funds that the Subrecipient makes to a subrecipient. The Subrecipient shall ensure that each written grant subaward agreement for a subaward of ARPA funds imposes on the subrecipient all the obligations that this agreement imposes on the Subrecipient.
I. Subcontract. The Subrecipient shall enter into a written contract when it purchases goods or services using ARPA funds. All procurement contracts using ARPA funds shall be consistent with the procurement standards set forth in title 2, CFR, sections 200.317 through 200.327, as applicable. In addition to other provisions required by the Federal agency or non-Federal entity, all contracts made by the non-Federal entity under the Federal award must contain 2 CFR Part 200 Appendix II provisions, listed in Exhibit D of this Agreement, as applicable.
J. Federal Disallowance(s). If the Federal Government demands reimbursement from the County due to a disallowance or finding that an expense or cost for which the County provided Subaward funding to the Subrecipient was in any way improper or not in compliance with the Federal Award, the Subrecipient shall return any associated funds to the County within a reasonable time period as mutually agreed upon by the County and the Subrecipient, or within six (6) months, whichever is the later of the dates.
K. Remedies for Noncompliance. Pursuant to 2 CFR § 200.339 (“Remedies for Noncompliance”), if the Subrecipient fails to comply with the U.S. Constitution, federal statutes, regulations, or the terms and conditions of a Federal Award or any additional conditions that the Federal Awarding Agency or County may impose, and the Federal Awarding Agency or County determine that such noncompliance cannot be remedied by imposing additional conditions, the Federal Awarding Agency or County may take one or more of the following actions, as appropriate in the circumstances:
1. Temporarily withhold cash payments pending correction of the deficiency by the Subrecipient or more severe enforcement action by the Federal Awarding Agency or County;
2. Disallow (that is, deny both use of funds and any applicable matching credit for) all or part of the cost of the activity or action not in compliance;
3. Wholly or partly suspend or terminate this Agreement;
4. Initiate suspension or debarment proceedings as authorized under 2 CFR part 180 and Federal Awarding Agency regulations, which may be initiated ITEM 16.2.
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at the recommendation of the County;
5. Withhold further Federal Awards for the project or program; or
6. Take other remedies that may be legally available.
L. Non-Obligation by Federal Government. The Federal Government is not a party to this Agreement and is not subject to any obligations or liabilities to the County, the Subrecipient, or any other party pertaining to any matter resulting from this Agreement.
M. Federal Awarding Agency Seal, Logo, and Flags. The Subrecipient shall not use the seal(s), crest(s), or reproduction of flags or likenesses of the Federal Awarding Agency without specific pre- approval therefrom.
N. Suspension and Debarment. The Subrecipient acknowledges and understands that the regulations at 2 CFR Part 180 (“OMB Guidelines to Agencies on Governmentwide Debarment and Suspension”) specifically prohibit the County from entering into a “Covered Transaction,” as defined in 2 CFR § 180.200, with a party listed on the System for Award Management (“SAM”) Exclusions list.
O. Federal Non-Discrimination.
1. The Subrecipient shall not discriminate against any employee or applicant for employment because of race, color, creed, national origin, sex, age, English proficiency, or disability.
2. The Subrecipient shall not, on the grounds of race, color, creed, national origin, sex, age, English proficiency, or disability, exclude a person from participation in, deny him/her benefits, or subject him/her to discrimination.
3. The Subrecipient shall adhere to any and all federal implementing regulations and other requirements that the Funding Agency has with respect to nondiscrimination.
4. The Subrecipient shall ensure that any and all of its subcontractors are bound to the terms of this Non-Discrimination provision.
P. Rights to Inventions Made Under this Agreement. If the Federal Award or this Agreement meet the definition of “Funding Agreement” under 37 CFR § 401.2(a), and the Subrecipient is a small business firm or nonprofit organization, then the Subrecipient hereby acknowledges and understands that the County is obligated to comply with the requirements of 37 CFR § 401 (“Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts, and Cooperative Agreements”), and any implementing regulations issued by the Federal Awarding Agency.
Q. Program Fraud and False or Fraudulent Statements or Related Acts. The Subrecipient acknowledges that 31 USC Chapter 38 (“Administrative Remedies ITEM 16.2.
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for False Claims and Statements”) applies to the Subrecipient’s actions pertaining to this Agreement.
R. Domestic Preferences for Procurements. As appropriate, and to the extent consistent with law, the Subrecipient should, to the greatest extent practicable under this Subaward, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States.
S. Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment.
The Subrecipient is prohibited from obligating or expending any portion of the Subaward funds to:
a. Procure or obtain;
b. Extend or renew a contract to procure or obtain; or
c. Enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. As described in Public Law 115-232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities).
i. For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and
telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities).
ii. Telecommunications or video surveillance services provided by such entities or using such equipment.
iii. Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.
T. Procurement of Recovered Materials. If the Subrecipient is a state agency, a political subdivision of a state, or a SUBRECIPIENT of a state agency or political subdivision of a state, then it must comply with the requirements of 2 CFR § 200.323 (“Procurement of Recovered Materials” ). For the purposes of this provision, the ITEM 16.2.
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Subrecipient does not meet the applicable definition of “SUBRECIPIENT” of a state or political subdivision of a state. However, if the Subrecipient is a state agency or a political subdivision of the state, then it must meet the requirements of this paragraph.
U. Byrd Anti-Lobbying Amendment, 31 USC § 1352 (as amended). If this Agreement exceeds one- hundred thousand dollars ($100,000) in value, the Subrecipient shall certify to the County, using the certification provided in Exhibit G, that it shall not use, and has not used, federally appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal contract, grant, or any other award covered by 31 USC § 1352; and disclose to the County any lobbying with non-federal funds that takes place in connection with obtaining any federal award.
V. Clean Air Act. If this Agreement exceeds one hundred fifty thousand dollars ($150,000) in value, the Subrecipient shall:
1. Comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act, as amended, 42 USC § 7401 et seq.;
2. Report each violation of the Clean Air Act to the County. Additionally, the Subrecipient hereby acknowledges that the County shall, in turn, report each violation as required to assure notification to the Federal Awarding Agency and the appropriate Environmental Protection Agency Regional Office; and
3. Include these requirements in each subcontract that exceeds one hundred fifty thousand dollars ($150,000) financed in whole, or in part, with federal assistance provided by the Federal Awarding Agency.
W. Federal Water Pollution Control Act. If this Agreement’s value exceeds one hundred fifty thousand dollars ($150,000), the Subrecipient shall:
a. Comply with all applicable standards, orders, or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 USC § 1251 et seq.;
b. Report each violation of the Federal Water Pollution Control Act to the County. Additionally, the Subrecipient hereby acknowledges that the County shall, in turn, report each violation as required to assure notification to the Federal Awarding Agency and the appropriate Environmental Protection Agency Regional Office; and
c. Include these requirements in each subcontract that exceeds one hundred fifty thousand dollars ($150,000) financed in whole, or in party, with federal assistance provided by the Federal Awarding Agency.
ITEM 16.2.
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X. SUBRECIPIENT Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights (Apr 2014). If this Agreement exceeds the Simplified Acquisition Threshold, the following applies:
1. This Agreement and employees working on this Agreement shall be subject to the whistleblower rights and remedies in the pilot program on SUBRECIPIENT employee whistleblower protections established at 41 USC § 4712 by section 828 of the National Defense Authorization Act for Fiscal Year 2013 (Pub. L. 112-239) and FAR 3.908.
2. The Subrecipient shall inform its employees in writing, in the predominant language of the workforce, of employee whistleblower rights and protections under 41 USC § 4712, as described in section 3.908 of the Federal Acquisition Regulation.
3. The Subrecipient shall insert the substance of this clause, including this paragraph, in all subcontracts that exceed the Simplified Acquisition Threshold.
Y. ASSURANCES OF COMPLIANCE WITH CIVIL RIGHTS REQUIREMENTS The sub -grantee, contractor, subcontractor, successor, transferee, and assignee shall comply with Title VI of the Civil Rights Act of 1964, which prohibits recipients of federal financial assistance from excluding from a program or activity, denying benefi ts of, or otherwise discriminating against a person on the basis of race, color, or national origin (42 U.S.C. § 2000d et seq.), as implemented by the Department of the Treasury’s Title VI regulations, 31 CFR Part 22, which are herein incorporated by reference and made a part of this contract (or agreement). Title VI also includes protection to persons with “Limited English Proficiency” in any program or activity receiving federal financial assistance, 42 U.S.C. § 2000d et seq., as implemented by the Department of the Treasury’s Title VI regulations, 31 CFR Part 22, and herein incorporated by reference and made a part of this contract or agreement.
ITEM 16.2.
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EXHIBIT D to Agreement
between the County of Sacramento,
hereinafter referred to as "COUNTY", and
City of Rancho Cordova,
hereinafter referred to as "SUBRECIPIENT"
FEDERAL CONTRACTING PROVISIONS
Appendix II to Part 200: Contract Provisions for Non-Federal Entity Contracts Under Federal Awards – AMERICAN RESCUE PLAN ACT (ARPA) OF 2021 In addition to other provisions required by the Federal agency or non-Federal entity, all contracts made by the non-Federal entity under the Federal award must contain provisions covering the following, as applicable. Subrecipient shall include the terms of this Exhibit in all contracts executed for performance of services provided pursuant to this Agreement, as applicable.
(A) Contracts in excess of $250,000 must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate.
(B) All contracts in excess of $10,000 must address termination for cause and for convenience by the non-Federal entity including the manner by which it will be effected and the basis for settlement.
(C) Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of “federally assisted construction contract” in 41 CFR Part 60-1.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 CFR part 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.”
(D) Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal program legislation, all prime construction contracts in excess of $2,000 awarded by non-Federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than ITEM 16.2.
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once a week. The non-Federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-Federal entity must report all suspected or reported violations to the Federal awarding agency. The contracts must also include a provision for compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-Federal entity must report all suspected or reported violations to the Federal awarding agency.
(E) Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, all contracts awarded by the non-Federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. (F) Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of “funding agreement” under 37 CFR § 401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency.
(G) Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as amended - Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the non-Federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean ITEM 16.2.
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Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). (H) Debarment and Suspension (Executive Orders 12549 and 12689) - A contract award (see 2 CFR 180.220) must not be made to parties listed on the governmentwide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549.
(I) Byrd Anti-Lobbying Amendment (31 U.S.C. 1352) - Contractors that apply or bid for an award exceeding $100,000 must file the required certification, provided in Exhibit G.
Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award.
(J) Procurement of recovered materials, § 200.323: A non-Federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.
(K) Prohibition on certain telecommunications and video surveillance services or equipment, § 200.216:
(a) Recipients and subrecipients are prohibited from obligating or expending loan or grant funds to:
(1) Procure or obtain;
ITEM 16.2.
ATTACHMENT 6
Agreement Number: D1-01-D5-08-2024
Page | 33
(2) Extend or renew a contract to procure or obtain; or (3) Enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. As described in Public Law 115-232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities).
(i) For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities).
(ii) Telecommunications or video surveillance services provided by such entities or using such equipment.
(iii) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.
(b) In implementing the prohibition under Public Law 115-232, section 889, subsection (f), paragraph (1), heads of executive agencies administering loan, grant, or subsidy programs shall prioritize available funding and technical support to assist affected businesses, institutions and organizations as is reasonably necessary for those affected entities to transition from covered communications equipment and services, to procure replacement equipment and services, and to ensure that communications service to users and customers is sustained. (c) See Public Law 115-232, section 889 for additional information. (d) See also § 200.471.
(L) Domestic preferences for procurements, § 200.322:
(a) As appropriate and to the extent consistent with law, the non-Federal entity should, to the greatest extent practicable under a Federal award, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, ITEM 16.2.
ATTACHMENT 6
Agreement Number: D1-01-D5-08-2024
Page | 34
cement, and other manufactured products). The requirements of this section must be included in all subawards including all contracts and purchase orders for work or products under this award.
(b) For purposes of this section:
(1) “Produced in the United States” means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. (2) “Manufactured products” means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber. (M) Assurance of Compliance with Civil Rights Requirements The sub-grantee, contractor, subcontractor, successor, transferee, and assignee shall comply with Title VI of the Civil Rights Act of 1964, which prohibits recipients of federal financial assistance from excluding from a program or activity, denying benefits of, or otherwise discriminating against a person on the basis of race, color, or national origin (42 U.S.C. § 2000d et seq.), as implemented by the Department of the Treasury’s Title VI regulations, 31 CFR Part 22, which are herein incorporated by reference and made a part of this contract (or agreement). Title VI also includes protection to persons with “Limited English Proficiency” in any program or activity receiving federal financial assistance, 42 U.S.C. § 2000d et seq., as implemented by the Department of the Treasury’s Title VI regulations, 31 CFR Part 22, and herein incorporated by reference and made a part of this contract or agreement. (N) Access to Records
a. The Contractor agrees to provide the County of Sacramento, the primary subrecipient of the federal funding, if any, the Federal Awarding Agency, the Comptroller General of the United States, or any of their authorized representatives access to any books, documents, papers, and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions.
b. The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed.
ITEM 16.2.
ATTACHMENT 6
Agreement Number: D1-01-D5-08-2024
Page | 35
c. The Contractor agrees to provide the Federal Awarding Agency or his authorized representatives’ access to construction or other work sites pertaining to the work being completed under the contract.
(O) Federal Awarding Agency Seal, Logo, and Flags.
The Contractor shall not use the Federal Awarding Agency seal(s), logos, crests, or reproductions of flags or likenesses of Federal Awarding Agency officials without specific preapproval.
(P) Compliance with Federal Law, Regulations, and Executive Orders.
This is an acknowledgement that Federal financial assistance will be used to fund the contract only. The Contractor will comply will all applicable federal law, regulations, executive orders, Federal Awarding Agency policies, procedures, and directives.
(Q) No Obligation by the Federal Government.
The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the non-Federal entity, Contractor, or any other party pertaining to any matter resulting from the contract.
(R) Fraud and False or Fraudulent Statements or Related Acts.
The Contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the Contractor’s actions pertaining to this contract.
ITEM 16.2.
ATTACHMENT 6
Agreement Number: D1-01-D5-08-2024
Page | 36
EXHIBIT E to Agreement
between the County of Sacramento,
hereinafter referred to as "COUNTY", and
City of Rancho Cordova,
hereinafter referred to as "SUBRECIPIENT"
SUBRECIPIENT CERTIFICATION OF COMPLIANCE FORM
WHEREAS it is in the best interest of Sacramento County that those entities with whom the County does business, or proposes to do business, demonstrate financial responsibility, integrity and lawfulness, it is inequitable for those entities with whom the County does business to receive County funds while failing to pay court-ordered child, family and spousal support which shifts the support of their dependents onto the public treasury. Therefore, in order to assist the Sacramento County Department of Child Support Services in its efforts to collect unpaid court-ordered child, family and spousal support orders, the following certification must be provided by all entities that do business or desire to do business with the county.
1) SUBRECIPIENT hereby certifies:
(a) the SUBRECIPIENT is a government or non-profit entity (exempt), ☐ ☐ Yes No
(b) the SUBRECIPIENT has no Principal Owners (25% or more) (exempt), ☐ ☐ Yes No
(c) each Principal Owner (25% or more),
does not have any existing child support orders, ☐ ☐ Yes No
(d) SUBRECIPIENT’S Principal Owners are currently in substantial compliance with any court- ordered child, family and spousal support order, including orders to provide current residence address, employment information, and whether dependent health insurance coverage is available. If not in compliance, Principal Owner has become current or has arranged a payment schedule with the Department of Child Support Services or the court. ☐ ☐
Yes No
2) SUBRECIPIENT shall certify that each of the following statements is true:
a. SUBRECIPIENT has fully complied with all applicable state and federal reporting requirements relating to employment reporting for its employees; and b. SUBRECIPIENT has fully complied with all lawfully served wage and earnings assignment orders and notices of assignment and will continue to maintain compliance.
Note: Failure to comply with state and federal reporting requirements regarding a SUBRECIPIENT’s employees or failure to implement lawfully served wage and earnings assignment orders or notices of assignment constitutes a default under the contract; and failures to cure the default within 90 days of notice by the County shall be grounds for termination of the contract. Principal Owners can contact the Sacramento Department of Child Support Services at 866-901-3212, by writing to P.O. Box 269112, Sacramento, 95826-9112, or via the Customer Connect website at https://childsupport.ca.gov .
DATE: ____________ By: _______________________________ ___________________________________
Printed Name of person authorized to sign
ITEM 16.2.
ATTACHMENT 6
Agreement Number: D1-01-D5-08-2024
Page | 37
EXHIBIT F to Agreement
between the County of Sacramento,
hereinafter referred to as “COUNTY”, and
City of Rancho Cordova,
hereinafter referred to as “SUBRECIPIENT”
CERTIFICATION REGARDING DEBARMENT AND SUSPENSION
SUBRECIPIENT agrees to comply with 5 U.S.C. 1501-1508, 31 U.S.C. §1352 and 45 CFR Part 76.100 (Code of Federal Regulations), which provides that federal funds may not be used for any contracted services, if SUBRECIPIENT is debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency.
I (We) certify to the best of my (our) knowledge and belief, that SUBRECIPIENT named below and its principals:
1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency;
2. Have not within a three (3)-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or contract under a public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;
3. Are not presently indicted or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph (2) of this certification; and
4. Have not within a three (3)-year period preceding this application/proposal/agreement had one or more public transactions (Federal, State, or local) terminated for cause or default.
5. Shall notify COUNTY within ten (10) days of receipt of notification that SUBRECIPIENT is subject to any proposed or pending debarment, suspension, indictments or termination of a public transaction.
6. Shall obtain a certification regarding debarment and suspension from all its subcontractors that will be funded through this Agreement.
ITEM 16.2.
ATTACHMENT 6
Agreement Number: D1-01-D5-08-2024
Page | 38
7. Hereby agree to terminate immediately, any subcontractor’s services that will be/are funded through this Agreement, upon discovery that the subcontractor is ineligible or voluntarily excluded from covered transactions by any federal department or agency.
SUBRECIPIENT
BY: DATE:
ITEM 16.2.
ATTACHMENT 6
Agreement Number: D1-01-D5-08-2024
Page | 39
EXHIBIT G to Agreement
between the County of Sacramento,
hereinafter referred to as “COUNTY”, and
City of Rancho Cordova,
hereinafter referred to as “SUBRECIPIENT”
Byrd Anti-Lobbying Amendment
Certification for Contracts, Grants, Loans, and Cooperative Agreements
The undersigned SUBRECIPIENT certifies, to the best of his or her knowledge, that:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.
2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.
3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
The SUBRECIPIENT, CITY OF RANCHO CORDOVA, certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the SUBRECIPIENT understands and agrees that the provisions of 31 U.S.C. § 3801, et seq., apply to this certification and disclosure, if any.
Signature of SUBRECIPIENT’s Authorized Official:
______________________________________ Date ______________ 5731069.2
ITEM 16.2.
ATTACHMENT 6
1 EXHIBIT “B” to Agreement
Quitclaim Deed
RECORDING REQUESTED BY:
Fidelity National Title Company
WHEN RECORDED RETURN TO AND
SEND TAX/ASSESSMENT BILLS TO:
City of Rancho Cordova
2729 Prospect Park Drive
Rancho Cordova, CA 95670
No Fee Document – Per Govt. Code Sec. 6103
No County Transfer Tax Per R & T Code 11922
APN: Portions of 067-0010-093
Project Name &
Dept :
Mather Commerce Center EDC Property Sale
Office of Economic Development
THIS SPACE FOR
RECORDER’S USE
ONLY
QUITCLAIM DEED WITH CONDITIONS
5732103.1
This Quitclaim Deed is made this INSERT DATE HERE between the COUNTY OF SACRAMENTO, a political subdivision of the State of California (hereinafter referred to as “Grantor”) and the CITY OF RANCHO CORDOVA, a municipal corporation (hereinafter referred to as “Grantee”).
I. RECITALS
1. The Property that is the subject of this Quitclaim Deed has a fair market value of $652,000 as of the date of this Quitclaim Deed.
2. Grantee has requested that Grantor quitclaim the Property that is the subject of this Quitclaim Deed to Grantee for Grantee’s use of the Property for the construction and provision of housing for the occupancy and use by homeless and/or disabled Veterans households and homeless families.
3. Grantee has requested Grantor provide to Grantee $3,000,000 of Grantor’s American Rescue Plan Act (ARPA) funding to assist Grantee with construction of the housing for the occupancy and use by homeless and/or disabled Veterans households and homeless families on the Property that is the subject of this Quitclaim Deed . Grantor is providing the $3,000,000 to Grantee under an agreement entitled American Rescue Plan Act of 2021 Federal Subaward Agreement for New Housing at Mather for Homeless and/or Disab led Veterans Households and Homeless Families (ARPA Subaward Agreement).
II. AGREEMENT
Grantor, in consideration of the performance by Grantee of the covenants, conditions, and restrictions hereinafter contained and other good and valuable consideration, the receipt of which is hereby acknowledged, does hereby remise, release and quitclaim to the Grantee, its successors and assigns, all right, title, interest, claim and demand, reserving such rights as may arise from the operation of the conditions subsequent, restrictions and covenants of this Quitclaim Deed, which Grantor has in and to all that real property in the City of Rancho Cordova, County of Sacramento, State of California, bounded and described as follows, to-wit (the “Property”):
See Exhibit "A" attached hereto and made a part hereof;
2. By taking title to the Property, Grantee expressly acknowledges that groundwater contamination is currently present underneath or near Mather Field. The contaminated groundwater is due to the presence of hazardous materials, including volatile organic compounds and ammonium perchlorate, caused by persons or entities other than the Grantor, ITEM 16.2.
ATTACHMENT 7
2 which is the subject of ongoing investigation and monitoring.
3. The Property described herein is part of the property conveyed by the United States Air Force (“Air Force”) to the Grantor, which was formerly part of Mather Air Force Base. The Grantee expressly acknowledges that Property described herein is subject to covenants, conditions, restrictions and other limitations as set out in the “Economic Development Conveyance Agreement,” as amended, between the Air Force and the Grantor and the Quitclaim Deed, recorded in the Office of the County Recorder for the County of Sacramento in Book 20000209 at Page 0755, by which the Air Force conveyed the Property to Grantor.
4. The Property is subject to covenants, conditions, restrictions and other limitations as set out in that certain document entitled “Covenant to Restrict Use of Property Environmental Restriction” between the Grantor and the Department of Toxic Substances Control, recorded in the Office of the County Recorder for the County of Sacramento in Book 20000218 at Page 0242.
5. This Quitclaim Deed is further specifically subject to the covenants, conditions, and restrictions set forth in the Grants of Easements recorded in the Sacramento County Recorder’s Office in Book 19961030, at page 607; and in Book 19980916 at pages 1104, 1105 and 1106.
6. By taking title to the Property, Grantee acknowledges the following: The Property described herein is located within the Mather Field Special Planning Area, established by the Board of Supervisors of Sacramento County on June 11th, 1997, by Ordinance No . SZC 97 - 0021, dated June 11 th, 1997, and is subject to the conditions contained therein. The Grantee further acknowledges that the Property as of July 1, 2003 is located within the boundaries of the City of Rancho Cordova. Pursuant to Section 603-19 of the Ordinance, all owners of property within the Mather Field Special Planning Area (SPA) are required to contribute annually an amount, apportioned pursuant to the benefit received, for the financing of the cost of maintaining public landscaping, lighting and bike path facilities benefiting property within the Mather Field SPA. The costs shall be annually determined by the Administrator of the Municipal Services Branch of the County of Sacramento Executive Office or his designee or any other applicable governmental agency or their designee. The Grantee shall participate and contribute the amount so determined, by the periodic payment of an assessment, special tax or other property related charge or service fee, in any financing mechanism adopted by the Board of Supervisors of Sacramento County or any other applicable governmental body for the permanent financing of landscape, lighting and bike path maintenance.
Grantor is the owner of the Property described herein and is desirous of subjecting the Property to the covenant set forth above in this Section 6. The covenant is for the benefit of the Property and each present and future owner thereof, or of any part thereof, and shall inure to the benefit of and pass with the Property and each and every part thereof.
7. Grantee by acceptance of this Quitclaim Deed, covenants and agrees for itself, its successors and assigns, that the Property is transferred on an "as is, where is ” basis, without warranty of any kind, either expressed or implied, including as to the condition of the Property. The Grantee also covenants and agrees for itself, its successors and assigns, that the Grantor has no obligation to provide any additions, improvements, or alterations to the Property, and that this conveyance is subject to any and all existing easements, rights of way, reservations and servitudes, whether of record or not.
8. CONDITIONS SUBSEQUENT. Grantee shall have and hold the Property subject, however, to each of the following conditions subsequent, which are for the sole benefit of the Grantor and which shall be binding and enforceable solely by Grantor, or its successor and assign, against Grantee, its successors and assigns as follows:
A. For a period of fifty-five (55) years from the date of this Quitclaim Deed, the Property, except as otherwise provided in Section 2.3 of the Affordable Housing Agreement, entered into between the Grantor and Grantee , dated ____________, 2024, and recorded on __________ at page ____________ , will be occupied and used solely and continuously for the construction and provision of housing for the occupancy and use by homeless and/or disabled Veterans households and homeless families with income that is not greater than Very Low -Income as defined in the Affordable Housing Agreement, excepting one (1) unrestricted manager’s unit, and for no other purposes unless specified in the Affordable Housing Agreement.
B. During the above period of fifty-five (55) years Grantee will not sell, resell, lease, rent, mortgage, encumber, or otherwise transfer any interest in any part of the Property except as Grantor may authorize in advance in writing.
C. One year from the date of this Quitclaim Deed and biennially thereafter for the period of fifty-five (55) years, if directed by Grantor in writing, Grantee will file with Grantor a report on the housing operations on the Property and ITEM 16.2.
ATTACHMENT 7
3 will furnish, as requested by Grantor, such other pertinent information evidencing its continuous use of the Property as required by condition subsequent section A, above.
D. During the above period of fifty-five (55) years Grantee will at all times be and remain a tax supported institution or a nonprofit institution, organization, or association exempt from taxation under §501 (c) (.3) of the Internal Revenue Code of 1954, as amended.
E. From the date of this conveyance until December 31, 202 6, Grantee agrees to construct on the Property housing for the occupancy and use by homeless and/or disabled Veterans households and homeless families (Homeless Housing). Grantee shall provide Grantor documentation, no later than June 30, 2025 , that Grantee has executed a construction contract and related development agreements (collectively Project Agreements) for the construction and provision of the Homeless Housing . Grantee may request a time extension, which Grantor will not unreasonably withhold or delay, if Grantee has made sufficient progress on the project to demonstrate compliance with the deadline to expend the ARPA Subaward Agreement. If such Project Agreements are not provided by June 30, 2025 or a certificate of occupancy has not been issued for the Homeless Housing by December 15, 2026, and Grantor has not approved a time extension to Grantee, then no later than December 31, 2026, Grantee shall pay Grantor a sum of money equal to $652,000 the fair market value of the Property.
F. The failure of Grantor to insist in any one or more instances upon complete performance of the conditions subsequent, terms, or covenants of this Quitclaim Deed shall not be construed as a waiver or a relinquishment of Grantor’s right to the future performance of any of those conditions subsequent, terms and covenants and the Grantee’s obligations with respect to such future performance shall continue in full force and effect.
9. COVENANTS
A. Grantee, by the acceptance of this Quitclaim Deed, further covenants and agrees for itself, its successors and assigns, to indemnify and hold harmless Grantor, its agents, and employees against any and all loss, damage, claim, or liability whatsoever, due to the Grantee’s use or occupancy of the Property, or any other act or omission of the Grantee, including failure to comply with the obligations of this transfer.
B. Grantee may seek abrogation of the conditions subsequent numbered A, B, C and D of Paragraph 8 of this Quitclaim Deed by:
1. Obtaining the advance written consent of the Grantor; or
2. Payment to the Grantor a sum of money equal to $652,000 the fair market value of the Property, together with payment to the Grantor a sum of money equal to the amount actually received under the ARPA Subaward Agreement of up to $3,000,000, to be released from the conditions subsequent as of the effective date of the abrogation.
C. Grantee, by acceptance of this Quitclaim Deed, further covenants and agrees for itself, its successors and assigns, that in the event the Property, or any part or interest thereof, is at any time within the period of fifty-five (55) years from the date of this conveyance sold, leased, mortgaged, encumbered or otherwise disposed of or used for purposes other than those designated in condition subsequent section 8, A above without the written consent of Grantor, all revenues therefrom and the reasonable value, as determined by Grantor, of any other benefits to Grantee deriving directly or indirectly from such sale, lease, mortgage, encumbrance, disposal or use, shall be considered to have been received and held in trust by Grantee for the Grantor and shall be subject to the direction and control of Grantor; but the provisions of this paragraph shall not impair or affect the rights reserved to G rantor under any other provision of this Quitclaim Deed.
D. Grantee, by the acceptance of this Quitclaim Deed, further covenants for itself, its successors and assigns, that at all times during the period that title to the Property is vested in Grantee subject to conditions subsequent section
8., A., B., C. and D. of this Quitclaim Deed, Grantee shall at its sole cost and expense keep and maintain the Property and the improvements thereon consistent with the Good Neighbor Policy provided for in the ARPA Subaward Agreement.
E. All covenants, conditions subsequent and restrictions contained in this Quitclaim Deed shall run with the land and be binding upon Grantee, its successors and assigns, to all or any part of the Property. All rights and powers reserved to Grantor by this Quitclaim Deed may be exercised by any successor in function to Grantor, and all references in this Quitclaim Deed to G rantor shall include its successor in function. All covenants and conditions subsequent contained herein are for the sole benefit of Grantor.
10. If the Grantee, its successors or assigns, shall cause the Property and/or any improvements thereon to be insured against loss, damage or destruction, or if the Grantor requires such insurance while the Property is subject to conditions ITEM 16.2.
ATTACHMENT 7
4 subsequent sections 8., A, B, C, and D of this Quitclaim Deed, and any such loss, damage or destruction shall occur during the period Grantee holds title to the Property, subject to conditions subsequent sections 8., A, B, C, and D of this Quitclaim Deed, said insurance and all monies payable to Grantee, its successors or assigns, shall be held in trust by the Grantee, its successors or assigns, and shall be promptly used by Grantee for the purpose of repairing and restoring the Property to its former condition or replacing it with equivalent or more suitable facilities; or, if not so used, shall be paid to the Grantor in an amount equal to $3,652,000, which amount equals the sum of the $652,000 fair market value of the Property and the amount actually received under the ARPA Subaward Agreement of up to $3,000,000.
III. SIGNATURES
TO INDICATE THEIR AGREEMENT to the provisions contained in this agreement, Grantor and Grantee have executed this document as of the date and year first above written.
Dated this _____ day of ____________, 20____
COUNTY OF SACRAMENTO,
a political subdivision of the state of California
________________________________
Crystal Bethke, Director
Office of Economic Development
Under delegated authority by:
Resolution No.: _________________
Dated: _________________________
ACCEPTANCE
The CITY OF RANCHO CORDOVA, California, acting through its ________________, Grantee, hereby accepts this Quitclaim Deed and accepts and agrees to all of the terms, covenants, conditions subsequent, and restrictions contained therein.
CITY OF RANCHO CORDOVA, California
Grantee:
By: ____________________________
ITEM 16.2.
ATTACHMENT 7
5 Exhibit A
APN 067-0010-093
ITEM 16.2.
ATTACHMENT 7
6 Exhibit B
Parcel 6
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
ITEM 16.2.
ATTACHMENT 7
7 STATE OF ______________________________________)
COUNTY OF ____________________________________)
On ______________ before me, _______________________________________, notary public, date name of notary officer
personally appeared ____________________________________________________________, name(s) of signer(s)
_____________________________________________________________________________,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
__________________________________________
Signature of Notary
------------OPTIONAL SECTION------------
-
CAPACITY CLAIMED BY SIGNER
Though statute does not require the Notary to
fill in the data below, doing so may prove
invaluable to persons relying on the
document.
INDIVIDUAL
CORPORATE OFFICER(S)
_________________________________
Title(s)
PARTNER(S) LIMITED
GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER: ______________________
___________________________________
___________________________________
SIGNER IS REPRESENTING:
Name of Person(s) or entity(ies)
___________________________________
___________________________________
OPTIONAL SECTION:
TITLE OR TYPE OF DOCUMENT: _________________________________________________________________________
DATA REQUESTED HERE IS NUMBER OF PAGES ___________________ DATE _____________________________________________________________ NOT REQUIRED BY LAW.
SIGNER(S) OTHER THAN NAMED ABOVE _________________________________________________________________
A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
ITEM 16.2.
ATTACHMENT 7
1 MATHER VETERANS
VILLAGE PHASE 4
SITE ACQUISITION
CityOfRanchoCordova.org
ITEM 16.2.
ATTACHMENT 7
2 • Present the site acquisition Conveyance Documents for the Mather Veterans Village Phase 4 project and American Rescue Plan Act Funding Agreement with Sacramento County
• Receive direction from the City Council to execute the site acquisition and funding agreements
GOALS FOR THIS PRESENTATION
ITEM 16.2.
ATTACHMENT 7
3 Key project details:
• 70 units of multifamily
apartments
• 58 one-bedroom,
12 two-bedroom
• Homeless and disabled
veterans or homeless
families
• Senior veterans 62 and
older a priority
• 50% Area Median Income
MVV PHASE 4 PROJECT OVERVIEW
North
ITEM 16.2.
ATTACHMENT 7
4 LAND CONVEYANCE
Sacramento County is the current landowner, adoption of this Resolution would authorize execution of the following documents for the land to transfer to City ownership:
• Conveyance Agreement
• Purchase price of $10 on condition the parcel is used for affordable housing for homeless and disabled veterans and homeless families
• Affordable Housing Agreement
• Restricting use of the property for very low-income homeless and disabled veterans and homeless families
• Quitclaim Deed
ITEM 16.2.
ATTACHMENT 7
5 ARPA SUBAWARD AGREEMENT
Sacramento County is contributing $3,000,000 of American Rescue Plan Act (ARPA) funding to the MVV Phase 4 project, adoption of this Resolution would:
• Authorize the City to receive the funding
• Provide the terms and conditions for the County providing the funding The City would adopt an additional Resolution at the June 17, 2024, Council meeting to commit this County funding to the project
ITEM 16.2.
ATTACHMENT 7
6 CEQA ANALYSIS AND SURPLUS LAND ACT
California Environmental Quality Act (CEQA) Analysis
• As the acquisition of property, this action is exempt from CEQA under General Rule 15061(b)(3) where this specific action will not result in the direct or indirect change in the environment • The Mather Veterans Village Phase 4 project will be subject to additional CEQA review during future project approvals
Surplus Land Act (SLA) Review
• No SLA review is required for the acquisition of the property from the County • The anticipated sale of the property to the Developer will meet the SLA Guidelines Section 103(c)(2) exemption for Affordable Housing projects
ITEM 16.2.
ATTACHMENT 7
7 STAFF RECOMMENDATION
The staff recommendation is to adopt the Resolution.
Next steps, if adopted:
• The County will be hearing this item on June 11, 2024, for County authorization to proceed • Staff will work with County staff to execute the agreements and complete the land transaction by June 30, 2024
ITEM 16.2.
ATTACHMENT 7
8 THANK YOU
QUESTIONS AND COMMENTS
CityOfRanchoCordova.org
ITEM 16.2.
ATTACHMENT 7
MEMORANDUM
City Council Staff Report - Page 1 of 4
ITEM 16.3.
DATE: June 3, 2024
TO: Honorable Mayor and Council Members
FROM: Darcy Goulart, Planning Manager
SUBJECT: A RESOLUTION APPROVING A WRITTEN REPORT DESCRIBING
THE MEASURES TAKEN TO ALLEVIATE THE CONDITION WHICH
LED TO THE ADOPTION OF THE URGENCY ORDINANCE
ESTABLISHING A TEMPORARY MORATORIUM ON THE
ESTABLISHMENT, EXPANSION, OR MODIFICATION OF USES IN
THE VILLAGES OF ZINFANDEL SPECIAL PLANNING AREA
DESIGNATED THEREIN AS M-1 (LIGHT INDUSTRIAL) AND MP
(OFFICE INDUSTRIAL PARK) ZONES.
RECOMMENDATION
Adopt the Resolution and direct staff to issue the written report describing the measures taken to alleviate the condition which led to the Urgency Ordinance establishing a temporary moratorium on the establishment, expansion, or modification of uses in the Villages of Zinfandel Special Planning Area Designated Therein as M-1 (Light Industrial) and MP (Office Industrial Park) zones.
RESULT OF RECOMMENDED ACTION
If approved, staff would be directed to issue a written report describing the measures taken to alleviate the condition which led to Ordinance No. 7-2023. The issuance of this written report ten (10) days prior to the expiration of Ordinance No. 7-2023 is a procedural requirement that must be satisfied before any extension of the Urgency Ordinance occurs.
BACKGROUND
Government Code Section 65858(a) expressly authorizes the City Council, in order to protect public safety, health, and welfare, to adopt as an urgency measure, an interim ordinance prohibiting any uses that may conflict with a contemplated general plan, specific plan, or zoning proposal that the City Council is considering or studying or intends to study within a reasonable time; that adoption of such urgency measure requires a four-fifths vote of the legislative body; that such measures shall be of no effect 45 days from adoption, and may be extended a maximum of two times and have a maximum total duration of two years.
The Villages of Zinfandel Special Planning Area (VOZSPA) was adopted by the County of Sacramento in 2002, were subject to a Development Agreement for the last twenty years that constrained the City’s ability to adapt and modify the allowed uses based upon City Council input and community insights related to the build out of the VOZSPA. The Development
City Council Staff Report - Page 2 of 4
Agreement expired on June 22, 2023, and since then the City has been unencumbered by it and is authorized to update the General Plan, Special Planning Area, and/or zoning applicable to the VOZSPA
REPORT PURSUANT TO GOVERNMENT CODE SECTION 65858(d)
On June 19, 2023, the City Council of the City of Rancho Cordova adopted an Urgency Ordinance establishing a temporary moratorium on the establishment, expansion, or modification of uses on the M-1 and MP zoned properties, including Warehouses, within the Villages of Zinfandel Special Planning Area pursuant to California Government Code Section 65858. Ordinance No. 7-2023 established a 45-day moratorium on issuing new City approvals, including, but not limited to, variances, conditional use permits, design review permits, grading permits, and building permits for the establishment, expansion, or modification of uses in the Villages of Zinfandel Special Planning Area designated as M-1 and MP (Office Industrial Park) zones. On August 2, 2023, the City Council extended the urgency ordinance for ten (10) months and fifteen (15) days, with a new expiration date of June 19, 2024.
California Government Code Section 65858(d) provides that at least ten (10) days before expiration of an interim ordinance or any extension, the legislative body shall issue a written report describing the measures taken to alleviate the condition which led to the adoption of the interim ordinance. The interim ordinance was adopted in order to allow sufficient time for the City of Rancho Cordova to:
1. Study and develop policy guidance to ensure there is a logical relationship between the placement of uses to avoid the deleterious effects of routing trucks past sensitive uses.
2. Study and develop policy guidance regarding the health and environmental impacts related to uses in order to create standards related to these uses that adequately address negative environmental health, safety, and environmental impacts to protect the community in accordance with current recognized environmental regulatory standards and accepted industry and state recommended best practices.
In the last 10 months, City staff further analyzed and outlined the necessary tasks needed to study and develop policy guidance on the above-mentioned items. In order to adequately address the logical relationship between the placement of uses to avoid the deleterious effects of routing trucks past sensitive uses and to create standards related to uses to address negative environmental health, safety, and environmental impacts to protect the community in accordance with current recognized environmental regulatory standards and accepted industry and state recommended best practices, the following tasks are necessary:
1. Analysis and consistency determination with the current General Plan and prepare amendments to the General Plan to achieve alignment and consistency. Analysis of the Village of Zinfandel SPA and Title 23 Zoning and prepare amendments to one or both documents.
2. Retain an economic consultant to inform the City of economically beneficial and market appropriate uses for the M-1 and MP zoned parcels within the VOZSPA.
3. Further analyze industry standards and best practices for various uses such as warehouses, logistics facilities, and auto storage that could potentially be applied to possibly provide for limited and further regulated development.
4. Analyze standards that could potentially allow certain uses on a smaller scale in limited areas of the VOZSPA and located away from currently identified sensitive receptors.
City Council Staff Report - Page 3 of 4
5. Community outreach and engagement with stakeholders and residents regarding necessary amendments and changes to these documents.
6. Preparation of the appropriate environmental document pursuant to the California Environmental Quality Act (CEQA). The CEQA document cannot be prepared until the full extent of the "project" is defined. Tasks one through three will help determine what the overall project will ultimately be. It is anticipated that the necessary CEQA document could take several months to prepare for circulation.
The conditions justifying the adoption of Urgency Ordinance No. 7-2023 have not been alleviated, it is necessary to extend the moratorium established by Urgency Ordinance No. 7- 2023 for an additional one year as permitted by Government Code Section 65858(b). The extension of the Urgency Ordinance will provide additional time to: (1) study and develop policy guidance to ensure there is a logical relationship between the placement of uses to avoid the deleterious effects of routing trucks past sensitive uses, (2) study and develop policy guidance regarding the health and environmental impacts related to uses in order to create standards related to these uses that adequately address negative environmental health, safety, and environmental impacts to protect the community in accordance with current recognized environmental regulatory standards and accepted industry and state recommended best practice, (3) conduct community outreach and engagement related to potential amendments, (4) prepare the appropriate environmental document pursuant to the California Environmental Quality Act. Staff will return to the City Council at a future meeting with an Ordinance extending Urgency Ordinance No. 7-2023 for an additional one year to complete all the tasks.
ENVIRONMENTAL
Pursuant to Section 15378(b)(5) of the California Environmental Quality Act (CEQA), this Ordinance is an organizational or administrative activity of the City that will not result in direct or indirect physical changes in the environment, and therefore not a project. Additionally, pursuant to CEQA Guidelines Section 15061(b)(3), this Ordinance is exempt from CEQA review because there is no possibility that the Moratorium may have a significant effect on the environment, insofar as it prohibits the construction of or alterations to, Prohibited Uses within the Villages of Zinfandel Special Planning Area. Furthermore, even if the Ordinance is considered a project, the proposed moratorium is categorically exempt under CEQA Guidelines Section 15308, because it is clear that the Moratorium will not create an environmental impact and the action will assure the maintenance, enhancement, or protection of the environment through the eventual adoption of regulations and development standards on Prohibited Uses. Accordingly, no further environmental review is necessary. Furthermore, as the Ordinance is an administrative procedure related to uses, facilities, and regulations identified in the Rancho Cordova Municipal Code and General Plan, and given that the proposed Ordinance is not related to a specific project, the Ordinance (i) by virtue of the location of affected improvements, will not impact a sensitive environmental resource of hazardous or critical concern; (ii) will not have a cumulative impact on the environment through successive projects of the same type, in the same place, over time; (iii) does not have any unusual circumstances that will have a significant effect on the environment; (iv) does not impact a scenic highway; (v) is not located on a hazardous waste site; and (vi) will not adversely impact a historical resource. Accordingly, none of the exceptions to categorical exemptions set forth in the CEQA Guidelines, Section 15300.2, apply to this Ordinance.
FISCAL IMPACT AND FUNDING SOURCE
There is no fiscal impact.
City Council Staff Report - Page 4 of 4
ATTACHMENT(S)
1. Resolution
ITEM 16.3. ATTACHMENT 1
Resolution No. XX-2024 Page 1 of 2
CITY OF RANCHO CORDOVA
RESOLUTION NO. XX-2024
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CORDOVA, STATE OF CALIFORNIA, APPROVING A WRITTEN REPORT
DESCRIBING THE MEASURES TAKEN TO ALLEVIATE THE CONDITION WHICH LED TO THE ADOPTION OF URGENCY ORDINANCE NO. 7-2023,
IMPOSING A TEMPORARY MORATORIUM ON THE ESTABLISHMENT,
EXPANSION, OR MODIFICATION OF USES IN THE VILLAGES OF
ZINFANDEL SPECIAL PLANNING AREA DESIGNATED THEREIN AS
M-1 (LIGHT INDUSTRIAL) AND MP (OFFICE INDUSTRIAL PARK) ZONES,
AND DIRECTING STAFF TO ISSUE THE REPORT
WHEREAS, at its June 19, 2023, Regular Meeting, pursuant to California Government Code Section 65858, the City Council of the City of Rancho Cordova adopted Urgency Ordinance No. 7-2023 imposing a 45-day moratorium on the establishment, expansion, or modification of uses in the Villages of Zinfandel Special Planning Area designated therein as M-1 (Light Industrial) and MP (Office Industrial Park) zones; and WHEREAS, Ordinance No. 7-2023 was extended for a period of ten months and fifteen days by the City Council on August 2, 2023; and
WHEREAS, Ordinance No. 7-2023 will, unless extended, expire by its own terms on June 19, 2024; and
WHEREAS, pursuant to Government Code Section 65858(d), “Ten days prior to the expiration of that interim ordinance or any extension, the legislative body shall issue a written report describing the measures taken to alleviate the condition which led to the adoption of the ordinance;” and
WHEREAS, the staff report accompanying this Resolution shall serve as the written report described by Government Code Section 65858(d) and the above recital.
NOW, THEREFORE, BE IT HEREBY RESOLVED THE CITY COUNCIL OF THE CITY OF RANCHO CORDOVA does approve the written report describing the measures taken to alleviate the condition that led to the adoption of Urgency Ordinance No. 7-2023, imposing a temporary moratorium on the establishment, expansion, or modification of uses in the Villages of Zinfandel Special Planning Area designated therein as M-1 (Light Industrial) and MP (Office Industrial Park) zones.
BE IT FURTHER RESOLVED THE CITY COUNCIL OF THE CITY OF RANCHO CORDOVA does direct staff to issue the written report approved by this Resolution.
PASSED AND ADOPTED by the City Council of the City of Rancho Cordova on the 3rd day of June 2024 by the following vote:
ITEM 16.3. ATTACHMENT 1
Resolution No. XX-2024 Page 2 of 2
AYES:
NOES:
ABSENT:
ABSTAIN:
________________________
David Sander, Mayor
ATTEST:
________________________
Stacy Leitner, CMC
City Clerk
MEMORANDUM
City Council Staff Report - Page 1 of 2
ITEM 16.4.
DATE: June 3, 2024
TO: Honorable Mayor and Council Members
FROM: Micah Runner, City Manager
SUBJECT: A RESOLUTION APPROVING AND ESTABLISHING A CITY
COUNCIL POLICY TO LEAD WITH A CITYWIDE PERSPECTIVE
RECOMMENDATION
Adopt the Resolution.
RESULT OF RECOMMENDED ACTION
Adoption of the Resolution would establish a City Council policy to lead with a citywide perspective.
BACKGROUND
On March 21, 2024, the City Council held a visioning workshop to discuss vision, values and governance for the City of Rancho Cordova. During that visioning session, the Council had robust conversations regarding their future aspirations for the City of Rancho Cordova as both an organization and as a community; they also discussed shared expectations and core values of the City Council and discussed elements to sustain good governance as the City transitions from at-large to by-district elections. The facilitator of the conversation, Nancy Hetrick with Raftelis provided a summary report (Attachment 2) that summarizes the March 21, 2024, workshop.
As an outcome of the workshop, during the discussion on key ingredients of sustaining good governance, Council directed staff to return with a Resolution establishing a Council policy to lead with a citywide perspective prior to the 2024 election period. The policy was discussed as a best practice for cities with by-district elections to continue to govern with a Citywide approach to priorities, service delivery, and community accessibility. By establishing the policy, it ensures that the Council continues to serve the entire community as a governing body and that City funding is allocated to address community needs on a Citywide basis.
Additional outcomes from the workshop included the ability to provide new members of Council with the policy and an article written by the Institute for Local Government titled Attributes of Exceptional Councils (page 11 of Attachment 2) as elements to assist in integrating and welcoming new members as part of a Council onboarding. Council requested that an orientation packet for new Council members be created to provide consistency, clarity, and shared expectations for new members of Council. Staff will incorporate the policy once adopted into an orientation packet.
City Council Staff Report - Page 2 of 2
The Council also requested that to continue ongoing future success, that the Council meet annually in January to affirm and provide any necessary updates to the policy and conduct a Council goal-setting session. Staff will work to schedule annual Council discussions.
FISCAL IMPACT AND FUNDING SOURCE
There is no fiscal impact on the City.
ATTACHMENT(S)
1. Resolution
2. Rancho Cordova City Council Visioning Retreat Summary Report 2024
ITEM 16.4. ATTACHMENT 1 Resolution No. XX-2024 Page 1 of 2
CITY OF RANCHO CORDOVA
RESOLUTION NO. XX-2024
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CORDOVA, STATE
OF CALIFORNIA, APPROVING A COUNCIL POLICY TO LEAD WITH
A CITYWIDE PERSPECTIVE
WHEREAS, the City Council adopted Ordinance No. 12-2023 effective November 1, 2023, establishing that future City Council elections would be held by district for City Council members; and
WHEREAS, the November 5, 2024, General Municipal Election is the first election of City Council Members by district; and
WHEREAS, the City Council understands the value of a Citywide perspective regardless of the method by which City Council Members are elected; and WHEREAS, governing Citywide allows for the continuation of accessible customer service, the most effective use of taxpayer resources, and consistency in City services; and WHEREAS, all members of the City Council will continue to serve all the people of Rancho Cordova.
NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF RANCHO CORDOVA:
1) The City Council will perform its duties on a Citywide basis, serving as brokers, facilitators, and catalysts to consider the needs and interests of the entire community; and 2) The Council will continue to provide inclusive and accessible services to the public; and 3) Professional management within the Council/Manager form of government will continue; and 4) Council Members will be informed about issues in all parts of the City, regardless of district; and
5) Resource allocation will be data-driven and based on long-term strategic planning efforts with Citywide considerations; and
6) Current practices regarding events, activities, and appointments will continue; and 7) Fiscal management, best practices, and City systems will continue to reflect services provided to all residents Citywide.
PASSED AND ADOPTED by the City Council of the City of Rancho Cordova on the 3rd day of June 2024 by the following vote:
ITEM 16.4. ATTACHMENT 1 Resolution No. XX-2024 Page 2 of 2
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
David Sander, Mayor
Stacy Leitner, CMC
City Clerk
City of Hilliard Page 0
Governing Body Retreat
City Council Visioning Workshop
March 21, 2024
City of
Rancho
Cordova, CA
ITEM 16.4.
ATTACHMENT 2
City of Rancho Cordova Page 1
2024 City Council Visioning Workshop Summary
Trusted Advisors Transforming Communities
The City of Rancho Cordova (City), California, held a City Council Visioning Workshop on March 21, 2024. The workshop was planned and facilitated by Raftelis.
Setting the Stage
The Mayor opened the workshop by expressing his gratitude for everyone taking their time to be present for the workshop. Following public comment, the City Manager provided opening remarks and handed it over to Nancy Hetrick (Raftelis). Nancy reviewed the agenda, objectives, and meeting norms.
This I Believe
Nancy engaged the City Council in a warmup activity to get the day started. Each member of the City Council shared a story that communicated “what they believe” and why about the future of Rancho Cordova. This exercise is loosely based on the “This I Believe” essay format initiated by Edward R.
Morrow on National Public Radio in the 1950s. Today, there is an international organization that engages people in writing and sharing essays describing their core values that guide their daily lives.
Summaries of stories shared by each Council member are captured below. • Mayor Sander recalled a water conservation narrative from the 1970s calling for the public to put a brick in the toilet as a conservation strategy. He used this reference as an example of not considering the big picture when performing analysis to support a solution. He believes in the value of the big picture and the identification of unintended consequences when contemplating policy solutions and challenged the City to “think bigger and think better.” • Vice Mayor Pulipati shared her story about coming to this country as an immigrant and the value of mentorship. She expressed her belief in the importance of inclusivity, belonging and the celebration of diversity.
• Council Member Terry spoke about the NOH81 photo campaign in which he realized people in the City felt he was taking a risk by showing his support for the LGBT community. He believes that Rancho Cordova must strive to be a place for everyone to feel supported, welcomed, and embraced.
• Council Member Gatewood told a story about a service day with the Chamber of Commerce in which he helped a resident move inoperable washer and dryer units out from her apartment while it was pouring rain. He talked about how this situation demonstrated how the business community cares about the City by helping to clean up blight in partnership and service. • Council Member Budge expressed her pride in the City’s history of reinventing and reimagining itself multiple times since incorporation. No matter the challenge, the City has been able to successfully grow and prosper. She mentioned the efforts of cleaning up distressed properties and is optimistic for the City’s continued upward trajectory.
The group reflected on key themes and values, which are summarized below:
• The community is caring
1 The NOH8 Campaign was created in 2009 as a result of the passage of Proposition 8, which added an amendment to the California Constitution to ban gay marriage.
ITEM 16.4.
ATTACHMENT 2
City of Rancho Cordova Page 2
2024 City Council Visioning Workshop Summary
Trusted Advisors Transforming Communities
• We all work together
• Innovation is celebrated (e.g., Cordova Community Council) • We pick ourselves up by our bootstraps
Visioning Activity
Following the warm -up exercise, the team participated in a visioning activity designed to identify the elements of what is desired for the community. The activity asked council members to write down on post- it notes those things that are true today that they want to remain true in 10 years (orange post-its), as well as those things that are not true today that they would like to see 10 years from now (blue post-its). After the post-its were shared, the group organized the post-its by topic and discussed what themes stood out.
What is true today that council wants to still be true in 10 years • Diversity
• Focus on people
• Innovation/nimble
• Collaborative Council
• Strong organization
• Fiscally responsible
• Sustainability efforts
• Leveraged community partnerships
What is NOT True Today that Council wants to be true in 10 years • More entertainment and dining amenities
• Growing strong neighborhoods, including housing for all • Community engagement
• Organization is prepared for the future
ITEM 16.4.
ATTACHMENT 2
City of Rancho Cordova Page 3
2024 City Council Visioning Workshop Summary
Trusted Advisors Transforming Communities
• Additional recreational opportunities
• More park amenities
• Investment in infrastructure
• Strong public safety
• Support for the arts
• Airport/annexation
• Attractive school district
• Strong businesses and workforce
When prompted to reflect on what stands out, Council members shared the following:
• We need our own school district, parks district and the regional airport to improve our community. • Innovation is important to us
• We do not have a downtown or central entertainment area; we need more amenities for community gathering
• We need to modernize our wants and adapt to changing demands
After reflecting on key themes, Council members were asked to create a short statement or headline that reflects their vision for the City of Rancho Cordova. The resulting statements are listed below:
• Rancho Cordova is a Five-Minute City where jobs and shopping are five minutes from every home, and it is a five-minute bike ride to a school or park.
• Rancho Cordova, a bright and promising city fueled by sustainability, community empowerment and diversity.
• Rancho Cordova enjoys increased local control of parks and school s, raising test scores, and improving the experience at every park.
• Rancho Cordova is the safest city in California.
• Rancho Cordova is celebrated as a national model for community partnership.
Council Values
Council values were defined to establish shared expectations, drive the culture of the Council, govern actions and behaviors, and express how the public can expect to be treated while interacting with the City .
Members of the City Council were asked to reflect on core elements that shape the Council’s culture and select their top five values that best reflect what is important to them. Each Council member shared their individual selections and then together identified the top shared values. The outcome of the discussion is summarized in the list below. The council agreed to revisit this list and fine-tune the descriptions.
Rancho Cordova City Council Values – DRAFT
• Collaborative – We actively engage with partners; develop consensus through teamwork; and strive for open and authentic two-way communication in all that we do. • Welcoming and inclusive – We cultivate an environment where everyone feels valued, respected, and has a sense of belonging.
• Community-focused – We listen to understand and deliver on what matters to community members to ensure an exceptional quality of life.
• Fiscally responsible – We are responsible stewards of the City’s finances and apply best financial and operational practices to ensure long-term financial health. • Fun – We take our jobs, but not ourselves, seriously. We cultivate a positive work environment for all.
• Innovative – We seek continuous improvement through data-driven solutions, best practices, and organizational efficiency.
ITEM 16.4.
ATTACHMENT 2
City of Rancho Cordova Page 4
2024 City Council Visioning Workshop Summary
Trusted Advisors Transforming Communities
Shift to Districts
The shift to a district-based governance structure will be an adjustment for the City beginning with the election in November. In anticipation of this change, Nancy engaged Council on a series of related questions. The corresponding discussion notes are provided below.
With the shift to districts…
• What might be different?
o Attitudes
o Who they think they answer to
o Caring about certain areas of the City
o Not listening to other people from different areas of the City o Only one representative rather than five
o Could become more politicized; similar to the school board, split 3-2 vote o Decreases in cohesion of the City
o Nothing (if we do it right)
• What might be better?
o Better representation and understanding specific concerns of that area, might get a better widespread view
o Could help with Council diversity
• What concerns do you have?
o I do not want to see us move into political competition or fights for certain parts of the City
o The new people will have their own opinions and might not want to go along with what has been decided by the current Council
o Resurfacing streets, prioritization (splitting the pie vs. based on need) o Generational downstream effect
• What do you want to avoid?
o Emphasizing topic areas by district (maintain one City focus) Sustaining Success
Nancy engaged the Council in a discussion of the key ingredients of sustained good governance and role clarity for effective teamwork. Council was reminded that effective Councils have unity of purpose, clear roles and responsibilities, positive governance culture and established norms, protocols, and policies. She handed out an article written by the Institute for Local Government on the attributes of exceptional Councils (Attachment A).
ITEM 16.4.
ATTACHMENT 2
City of Rancho Cordova Page 5
2024 City Council Visioning Workshop Summary
Trusted Advisors Transforming Communities
Next, Nancy shared a sample set of strategies compiled from other organizations that can be used for sustaining the norm of a Citywide focus amid district representation. Council discussed the idea of documenting desired practices and discussed the sample strategies. The following set of strategies were identified. Once finalized and approved, these can be reviewed annually by incoming Councils to affirm a shared understanding about the Rancho Cordova Council culture and how it serves the City as a whole.
These can also be incorporated as part of new Council member onboarding and training resources.
Strategies for Citywide Governance with District Representation • Council will govern on an at-large basis, serving as brokers, facilitators, and catalysts to consider the needs and interests of the entire community • Continue to provide inclusive and accessible services to the public • Professional management within the Council/Manager form of government will continue • Council members will be informed about issues in all parts of the City, regardless of district • Resource allocation will be data-driven and based on long-term strategic planning efforts with Citywide considerations
• Current practices regarding events, activities, and appointments will continue • Fiscal management, best practices, and City systems will continue to reflect services provided to all residents Citywide
Effective Governing Is a Team Sport
25 Y ou can be a solid
Council member and
a team player
Requires clear roles,
cooperation,
persuasion,
compromise, and
commitment to
relationshipsTogether
Work
We
ITEM 16.4.
ATTACHMENT 2
City of Rancho Cordova Page 6
2024 City Council Visioning Workshop Summary
Trusted Advisors Transforming Communities
Wrap-Up and Next Steps
Council requested that the City Manager return with a draft Resolution of the expectations for Citywide governance as outlined above (Attachment B). The importance of the City Manager meeting with potential candidates about the commitment, role, and expectations of Council members was also emphasized.
For Council onboarding, there was a desire to integrate and welcome new members to the team by focusing on the culture and norms of the Council, utilizing the Resolution as a starting point. The Council encouraged the idea of creating an orientation packet that would provide consistency, clarity and shared expectations for new members of Council. Raftelis noted that there are ready-made resources available that the City could use as a starting point for creating a custom packet (i.e., ILG Newly Elected Officials Orientation Materials and Resources). There was also a desire for building c onnections through tours, retreats, or conference attendance and establishing mentor/mentee relationships between experienced and new Council members.
To sustain future success, Council members would like to meet annually i n January (or soon after a new Council member is seated) to affirm and provide any necessary updates to the citywide governance policy and conduct a Council goal setting session. The Mayor referenced the ILG Attributes of Exceptional Councils article as an excellent tool to guide conversations about best practices with future Councils.
Parting Thoughts
At the close of the workshop, participants were asked to reflect and share their parting thoughts. • Vice Mayor Pulipati appreciated the collaboration and will continue to move forward asking more questions with humility. She looks forward to showcasing the Council’s strategies. • Council Member Terry thought the discussion was helpful. He recognized that this governing body is unique, and that the organization is well-resourced. “Change is inevitable with two new people on Council, and voters will decide who that will be, but the results of the day will help provide a clear system for agreement and consensus.”
• Council Member Gatewood talked about the new generation of the City Council. “Data is king, we need to leverage it. Being on Council is a labor of love.” He was glad to come to consensus on the strategies moving forward.
ITEM 16.4.
ATTACHMENT 2
City of Rancho Cordova Page 7
2024 City Council Visioning Workshop Summary
Trusted Advisors Transforming Communities
• Council Member Budge said, “I am glad we are doing this.” She mentioned it was overdue and expressed optimism. She looks forward to the Resolution coming back and adding it to the candidate binders to be more productive.
• Mayor Sander said, “it has been a pleasure to serve alongside my colleagues for 22 years as a member of such a strong Council. We will carry on the momentum with staff and community support.” He expressed gratitude for the opportunity to tune up and formalize the governance guiding principles. He is proud of Rancho Cordova’s privileged reputation in the region as a nimble, fiscally sound, innovative, and intentional organization.
ITEM 16.4.
ATTACHMENT 2
1 Lead
ing public organizations and governing with colleagues on a council is a challenging art of community service. The Institute recognizes that many aspects of leadership and governance are not intuitive. This piece is intended to provide councilmembers and city managers insight into the attributes of exceptional councils as well as provide practical tips to help them become exceptional.
1. Exceptional councils develop a sense
of team – a partnership with the city
manager to govern and manage the city
The mayor, councilmembers and city manager see
themselves and work as a team as they undertake a
series of tasks to further their common purpose. The
individual team members work in a coordinated and
collaborative manner with a high degree of respect, trust and openness. The team values diversity in style and
perspective. The team thinks and acts strategically as it examines issues/situations and decides on a course of
action serving their city’s mission and goals.
KEY CHARACTERISTICS
Successfully transition from candidate
to a member of the council.
Become a champion of the city. Make
decisions based on the needs and
interests of the community at-large / the
greater good.
Develop, communicate and support
policy goals and council decisions.
Demonstrate a willingness to work
collaboratively (as a team) and have a
citywide perspective.
BEST PRACTICE TIPS
Build capacity to create a more effective team. The governance team (mayor, councilmembers and city manager) should get to know each other; how each person approaches issues, decision making style and so on. This can be accomplished at annual meetings or workshops through-out the year.
In the event that councilmembers disagree, clear ground rules (norms of behavior and practice) can help quell acrimony before it becomes a problem. It’s important to remember that trust is built around understanding and respect, not necessarily agreement.
Attributes of Exceptional Councils
Attachment A
ITEM 16.4.
ATTACHMENT 2
Attributes of Exceptional Councils
2 2. Exceptional councils have clear
roles and responsibilities that are
understood and adhered.
Exceptional councils understand their role is to serve as policy maker - to represent the values, beliefs and priorities of their community while serving in the community’s best interest. They carry out a variety of responsibilities including:
developing and adopting a vision for the city; focusing and aligning plans, policies, agreements and budgets in furtherance of this vision; and holding themselves and
the city manager accountable for results.
Exceptional councils understand that the city manager
is responsible for the day-to-day operations of the city.
The city manager is responsible for undertaking and
accomplishing the policy objectives of the council.
Exceptional councils recognize the subject matter expertise of staff and utilize their knowledge and experience to
guide and inform decision making.
KEY CHARACTERISTICS
Understand the role of local
government and their responsibilities.
Know their role- to set vision and policy,
avoid micromanagement.
Councilmembers should strive to be
informed about the issues facing the
city and be prepared to ask questions of
staff and each other.
BEST PRACTICE TIPS
Create a shared understanding of the city manager’s role and the council’s expectations to optimize the working relationships. This shared understanding is informed by local charter and ordinance provisions that provide the overall framework for the relationship. The council should make time to have conversations during retreats and or study sessions to define and/or reveal and refine their role and responsibilities. Since role clarity between the city council and city management is critical to mutual success, having clear protocols helps avoid misunderstandings.
Attachment A
ITEM 16.4.
ATTACHMENT 2
Attributes of Exceptional Councils
3 3. Exceptional councils honor the
relationship with staff and each other
Exceptional councils understand that a good working
relationship with staff is vital for the city to be run successfully. Exceptional councils treat each other and staff with dignity and respect. They act with civility and a high level of professional decorum. Councilmembers
build trust by not playing the “gotcha game” and strive to have a no secrets, no surprises approach as an operating norm. Finally, they respect the diversity of styles and perspectives among their colleagues and staff and are
open to new ideas.
KEY CHARACTERISTICS
Councilmembers have the ability to
respectfully disagree (to disagree
without being disagreeable).
They are able to leave it at the dais;
debates are about policy, not
personality.
Exceptional councilmembers reflect
positive decorum/model of leadership
by providing respectful tone with
colleagues.
Establish a set of behaviors ahead of
time, potentially documented in a code
of conduct, to help promote civility and
respect.
BEST PRACTICE TIPS
Set council priorities and strategic goals at an annual meeting; these goals and priorities are a tool to guide the city manager and staff on where to focus their efforts. This annual meeting provides time for the council to reflect on community priorities as well as offer an opportunity to discuss thei r decorum and their relationship among each other and the relationship between the city manager/staff and the council.
4. Exceptional councils routinely conduct
effective meetings
Open and public meetings are central to democratic
decision-making. Exceptional councils master the art
of effective meetings. They develop and adhere to meeting protocols and processes. They spend time planning and
organizing the agenda with the aim of having a more
focused meeting. They allocate the council’s time and
energy appropriately (focused on the council’s role and responsibilities) and meeting short- and long-term priorities.
They honor the public’s participation and engagement
and they generally start on time and are held during
reasonable hours.
Exceptional councils use public meetings not only for their intended purpose, information sharing and decision-making,
KEY CHARACTERISTICS
Councilmembers are respectful of each
other, the public and everyone’s time.
Councilmembers use engaging body
language as a way to demonstrate
respect.
Issues are not personalized, thoughtful
dialogue is the objective.
Agenda packets are read,
councilmembers come prepared and
have an open mind
Respect is demonstrated for varied
opinions.
Everyone strives to be civil and act with
decorum.
Attachment A
ITEM 16.4.
ATTACHMENT 2
Attributes of Exceptional Councils
4 but they also use the meeting to demonstrate respect and civility for each other, staff and the public. Exceptional councilmembers prepare in advance of the meeting, remain focused on the city goals and objectives and mindful of their role and responsibilities.
BEST PRACTICE TIPS
Develop and adopt (with regular reviews and updates), guidelines for conducting meetings and making decisions. These governance protocols typically address meeting procedures (agenda preparation, how to put issues on the agenda, debate and voting procedures (parliamentary rules) and standards of decorum (civility)). As part of a regular self-assessment, councils should evaluate their meetings and their effectiveness and adjust behavior and practices for better results .
5. Exceptional councils hold themselves
and the city accountable
Exceptional councils operate openly, ethically and work to engage the community in a myriad of decisions impacting the prosperity and well-being of their community. Toward that end, exceptional councils consistently provide short- and long-term strategic direction and goals, as well as provide budget, program and policy oversight.
Exceptional councils hold themselves accountable for the conduct, behavior and effectiveness of the council. They establish clear priorities and goals and hold the city
manager accountable for results. And finally, they embrace accountability as a process and tool to calibrate ongoing efforts to address and meet policy and program objectives.
KEY CHARACTERISTICS
Councilmembers operate ethically and
with integrity.
Councils conduct team building / goal
setting exercise to track progress
towards mutually agreed upon goals
Councils taking responsibility for the
results (good and bad).
Councils celebrate success.
Councilmembers hold themselves
responsible for adhering to operating
protocols and codes of conduct.
BEST PRACTICE TIPS
Annually evaluate council and city manager performance toward achieving the city’s priorities and goals (consider having this be part of an annual goal setting meeting). Council should consider assessing its own behavior and effectiveness as part of its annual self-assessment.
Attachment A
ITEM 16.4.
ATTACHMENT 2
Attributes of Exceptional Councils
5 6. Exceptional councils have members
who practice continuous personal
learning and development
Governance is not intuitive. In addition, the policy and economic environment impacting cities are ever changing.
Exceptional councils continually provide the opportunity to build their knowledge and skills, to enhance their
understanding of key issues, increase their awareness
of best practices and sharpen their leadership and
governance skills.
KEY CHARACTERISTICS
Stay informed on key issues
Gain key insights and knowledge on all
aspects of governing, from budgets to
plans and everything in between.
Learning to listen is sometimes more
important than learning to give a
speech.
BEST PRACTICE TIPS
Seek out national, state and local professional growth and educational opportunities. These opportunities can focus on the nuts and bolts of governing to helping you gain valuable information and/or insights on key policy issues facing your city. In addition, city run orientations for newly elected officials provide a good way to acclimate new members to the council’s norms and protocols as well as the budget and key policy issues.
Attachment A
ITEM 16.4.
ATTACHMENT 2
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF RANCHO CORDOVA, CALIFORNIA,
APPROVING AND ESTABLISHING A
CITYWIDE GOVERNANCE BY DISTRICT ELECTED POLICY
WHEREAS, the City Council adopted Ordinance No. XX-XX effective XX, 20XX, establishing that future City Council elections would be held by district for City Council members; and
WHEREAS, November 2024 marks the first election of City Councilmembers by district; and
WHEREAS, the City Council understands the value of at-large governance regardless of the method from which City Councilmembers are elected; and
WHEREAS, governing at-large allows for the continuation of accessible customer service, the most effective use of taxpayer resources, and consistency in City services; and
WHEREAS, all members of the City Council will continue to serve all the people of Rancho Cordova.
NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Rancho Cordova, California, that:
1) The City Council will govern on an at-large basis, serving as brokers, facilitators, and catalysts to consider the needs and interests of the entire community; and
2) Council will continue to provide inclusive and accessible services to the public; and
3) Professional management within the Council/Manager form of government will continue; and
4) Council members will be informed about issues in all parts of the City, regardless of district; and
5) Resource allocation will be data-driven and based on long-term strategic planning efforts with Citywide considerations; and
6) Current practices regarding events, activities, and appointments will continue; and
7) Fiscal management, best practices, and City systems will continue to reflect services provided to all residents Citywide.
PASSED AND ADOPTED at a regular meeting of the City Council of the City Rancho Cordova, California, held on this X day of X 2024.
Attachment B
ITEM 16.4.
ATTACHMENT 2