Rancho Cordova City Council
September 3, 2024

CITY OF RANCHO CORDOVA

CITY COUNCIL MEETING
Tuesday, September 3, 2024
4:00 PM PST – Special Meeting
5:30 PM PST – Regular Meeting
David B. Roberts Council Chambers
City Hall
2729 Prospect Park Drive, Rancho Cordova
Hilton Salt Lake City Center - Lobby
255 S W Temple St, Salt Lake City, UT 84101
How to Observe or Listen to the Meeting:
•Online via Zoom: https://cityofranchocordova.zoom.us/j/81630466928 Webinar ID: 816 3046 6928
•By phone: +1 669 900 6833 or +1 253 215 8782
Webinar ID: 816 3046 6928
Public Comment

Members of the public who wish to address the City Council may do so in person during the meeting by completing and submitting a Speaker Card to the City Clerk.

Members of the public who wish to provide public comment via email will need to submit comments to [email protected] no later than 2:00 p.m. on Tuesday, September 3, 2024. Written comments received no later than 2:00 p.m. will be distributed to the Council, filed in the record, and will not be read aloud. All comments submitted later than 2:00 p.m. will be distributed to the Council.

If you have questions related to the City Council Meeting, please contact the City Clerk’s Office at (916) 851-8720 before Tuesday, September 3, 2024, at 2:00 p.m.

AGENDA

Rancho Cordova City Council - AGENDA
Special and Regular Meeting of Tuesday, September 3, 2024

1. SPECIAL MEETING - CALL TO ORDER/ROLL CALL

Council Members Linda Budge, Garrett Gatewood, Siri Pulipati, Donald Terry, and Mayor David Sander

2. PUBLIC COMMENT

At a special meeting, members of the public wishing to address the Council for any matter on the agenda may do so at the time the matter is discussed. Under the provisions of the California Government Code, the City Council is prohibited from discussing or taking action on any item not on the agenda.

3. SPECIAL MEETING

3.1. Subject: Economic Development Strategic Plan Update.

Recommendation: Receive the Economic Development Strategic Plan update from the Economic Development Department and TIP Strategies, Inc.

3.2. Subject: Financing Options for Significant City Projects.

Recommendation: Receive the presentation.

4. ADJOURNMENT OF SPECIAL MEETING

Mayor Sander will adjourn the special meeting to the regular meeting in the David B. Roberts Council Chambers.

5. REGULAR MEETING - CALL TO ORDER/ROLL CALL

Council Members Linda Budge, Garrett Gatewood, Siri Pulipati, Donald Terry, and Mayor David Sander

6. METRO CABLE TV TELEVISION ANNOUNCEMENT

The Clerk will announce the meetings video recording and playback schedules.

7. PLEDGE OF ALLEGIANCE

The Mayor will call on someone in attendance to lead the Pledge.

8. INVOCATION

Ruby Smallwood with the Law Enforcement Chaplaincy will give the invocation.

9. PRESENTATIONS

10. PUBLIC COMMENT

Members of the public wishing to address the Council for any matter not on the agenda may do so at this time by completing and submitting a Speaker Card to the City Clerk.

For items on the agenda, speakers will be called by the Mayor at the point on the agenda when the item will be heard. Speakers are encouraged to keep comments to three minutes or less and to state name and community of residence.

Under the provisions of the California Government Code, the City Council is prohibited from discussing or taking immediate action on any item not on the agenda unless it can be

Rancho Cordova City Council - AGENDA
Special and Regular Meeting of Tuesday, September 3, 2024

demonstrated to be of an emergency nature or the need to take immediate action arose after the posting of the agenda.

11. COUNCIL REPORTS

12. CITY MANAGER'S REPORT

13. CONSENT CALENDAR ITEMS - ROLL CALL VOTE

13.1. Subject: Meeting Minutes from the Regular City Council Meeting of August 5, 2024, and the Special Meeting of August 27, 2024.

Recommendation: Adopt the minutes.

13.2. Subject: Second Reading of an Ordinance Establishing a Special Tax for Transit-Related Services for the Preserve Project.

Recommendation: Waive second reading and adopt the Ordinance.

13.3. Subject: A Resolution Authorizing the City Manager to Execute Contract Amendment No. 2020-220-2 with Dokken Engineering to Extend the Contract Term from December 31, 2024, to June 30, 2026, which Results in an Increase to the Contract Amount from $800,000 to an Amount not to Exceed $1,240,000 for Stormwater Support Services.

Recommendation: Adopt the Resolution.

13.4. Subject: A Resolution Designating a Voting Delegate and Alternate for the 2024 League of California Cities Annual Conference Held October 16-18, 2024, in Long Beach, California.

Recommendation: Adopt the Resolution.

13.5. Subject: A Resolution Authorizing the City Manager to Execute Contract No. 2024-115 with 50 Corridor Transportation Management Association in an Amount not to Exceed $173,000 for Transportation Demand Management Services for Encouragement and Education of Sustainable Transportation within the City.

Recommendation: Adopt the Resolution.

13.6. Subject: A Resolution Authorizing the City Manager to Execute Contract Amendment No. 2021-336-03 to Increase the Contract Amount by $69,838.24 to an Amount not to Exceed $179,700.99 with Dewberry Engineers, Inc. for Design Services for the Mather Field Road Enhancements Project.

Recommendation: Adopt the Resolution

13.7. Subject: A Resolution Authorizing the City Manager to Execute a Contract with Rancho Cordova Food Locker for Capacity-Building Services in an Amount not to Exceed $350,000 of American Rescue Plan Act Funding.

Recommendation: Adopt the Resolution.

13.8. Subject: A Resolution Authorizing the City Manager to Execute a Memorandum of Understanding with Cordova Recreation and Park District for the Construction of a Dog Park at White Rock Park in an Amount not to Exceed $500,000 of American Rescue Plan Act Funding.

Recommendation: Adopt the Resolution.

13.9. Subject: A Resolution Establishing the Number of the Community Enhancement & Investment Fund Citizen Oversight Board Members and Updating Oversight Board Member Duties to Include Reviewing Expenditure of Tax Revenues from Measures H and R and

Rancho Cordova City Council - AGENDA
Special and Regular Meeting of Tuesday, September 3, 2024

Providing Feedback for Use in the City's Hard Copy and Online Resources.

Recommendation: Adopt the Resolution.

13.10. Subject: Treasurer's Report - June 30, 2024.

Recommendation: This report is informational only. It is recommended that the City Council receive and file the June 30, 2024, Treasurer’s Report.

14. CONSENT PUBLIC HEARING ITEMS - ROLL CALL VOTE

14.1. Subject: A Resolution Declaring a Protest Hearing and Authorizing the Mailing of Property Owner Ballot Relating to the Imposition of the Annual Stormwater Utility Fee for the Preserve Project.

Recommendation: Adopt the Resolution.

15. PUBLIC HEARING ITEMS

15.1. Subject: Public Hearing and Resolution Approving Maximum Rate Adjustments for Residential Solid Waste Collection and Street Sweeping Services for the Period from January 1, 2025, through July 1, 2029.

Recommendation: Conduct Public Hearing and Adopt the Resolution.

16. REGULAR CALENDAR ITEMS

16.1. Subject: Capital Southeast Connector Joint Power Authority Project Update - Presentation by Executive Director Derek Minnema.

Recommendation: Receive presentation.

16.2. Subject: Fiscal Year 2023-24 Preliminary Year-End Financial Report.

Recommendation: Receive the report and adopt the Resolution approving the Fiscal Year 2023-24 Budget Amendment and Fiscal Year 2024-25 Full-Time/Part-Time Employee Salary Schedule.

17. COUNCIL REQUESTS FOR FUTURE AGENDA ITEMS

18. ADJOURNMENT

ADDITIONAL INFORMATION
Special Meetings listed below are subject to change/cancellation without further notice.

Unless the Council adopts a motion to extend the meeting, any item that is not initiated before 11:00 p.m. will be continued to the next day at 5:30 p.m. or scheduled on the next regular meeting agenda of the Council.

Public documents related to items on the open session portion of this agenda, which are distributed to the City Council less than 72 hours prior to the meeting, shall be available for public inspection at the time the documents are distributed to the Council. Documents are available for inspection at the City Clerk's office located in Rancho Cordova City Hall.

The agenda items are accessible on the City’s website at www.cityofranchocordova.org on Thursdays or Fridays prior to the Regular City Council Meeting.

Rancho Cordova City Council - AGENDA
Special and Regular Meeting of Tuesday, September 3, 2024

UPCOMING MEETINGS
September 16, 2024 5:30 PM Regular Meeting
September 24, 2024 5:30 PM Special Meeting/Work Session October 7, 2024 4:00 PM Special Meeting/5:30 PM Regular Meeting October 21, 2024 5:30 PM Regular Meeting
October 29, 2024 5:30 PM Special Meeting/Work Session
November 4, 2024 4:00 PM Special Meeting/5:30 PM Regular Meeting November 18, 2024 5:30 PM Regular Meeting
November 26, 2024 5:30 PM Special Meeting/Work Session
If you have any technical questions related to the agenda items, please contact City Hall at (916) 851- 8700.

The Rancho Cordova City Council meeting will be videotaped in its entirety and will be cablecast without interruption on Metro Cable 14, the Government Affairs Channel on the Comcast and AT&T U-Verse Systems. Closed Captioning will be available on the playback cablecast. A DVD copy is available from the City Clerk’s Department and a webcast of this meeting will be available for viewing via video streaming from the City’s website within 48 hours of adjournment of this meeting.

In compliance with the Americans with Disabilities Act, if you need a disability-related modification or accommodation, including auxiliary aids or services, to participate in this meeting, please contact the City Clerk’s Office at (916) 851-8720 at least 48 hours prior to the meeting.

CERTIFICATION OF POSTING OF AGENDA
I, Stacy Leitner, City Clerk for the City of Rancho Cordova, declare that the foregoing agenda for the September 3, 2024, Regular Meeting of the Rancho Cordova City Council was posted and available for review on August 29, 2024, at City Hall of the City of Rancho Cordova, 2729 Prospect Park Drive, Rancho Cordova, California, 95670. The agenda is also available on the city website at www.cityofranchocordova.org.

Signed August 29, 2024 at Rancho Cordova, California.

Stacy Leitner, CMC
City Clerk

MEMORANDUM

City Council Staff Report - Page 1 of 2

ITEM 3.1.

DATE: September 3, 2024

TO: Honorable Mayor and Council Members

FROM: Amanda Norton, Economic Development Director

SUBJECT: ECONOMIC DEVELOPMENT STRATEGIC PLAN UPDATE

RECOMMENDATION

Receive the Economic Development Strategic Plan update from the Economic Development Department and TIP Strategies, Inc.

RESULT OF RECOMMENDED ACTION

If directed to do so by the City Council, City staff would return with additional information or discussion items at a future City Council meeting.

BACKGROUND

On February 5, 2024, City Council approved Resolution No. 8-2024, authorizing the City Manager to execute an agreement with TIP Strategies, Inc. to develop a three (3)-year Economic Development Strategic Plan (EDSP). The agreement began on March 1, 2024, and will conclude on March 31, 2025.

The EDSP is a year-long process that will guide the City of Rancho Cordova's economic development efforts for the next three (3) years. The EDSP will define a clear vision and set of strategies to enhance the City's economic prosperity, promote job growth, attract businesses, and ensure a vibrant and sustainable local economy.

On June 3, 2024, the Economic Development Department and TIP Strategies, Inc. provided the City Council with an update on the EDSP development, initial data findings, and insights collected. The Economic Development Department and TIP Strategies, Inc. received valuable feedback and input from the City Council that was incorporated into the ongoing analysis and Plan development.

This presentation will provide the City Council with an update on the progress of the Economic Development Strategic Plan. This update will share the latest data findings and provide an opportunity for feedback on the proposed framework for the strategic plan.

FISCAL IMPACT AND FUNDING SOURCE

There is no fiscal impact associated with this update.

ATTACHMENT(S)

City Council Staff Report - Page 2 of 2

1. Presentation

▸ JEFF MARCELL, SENIOR PARTNER
▸ JENN TODD-GO YNES, SENIOR CONSULTANT
▸ VICTORIA WILSON, CONSULTANT
SEPTEMBER 2024

COUNCIL UPDATE

RANCHO CORDOVA ECONOMIC DEVELOPMENT STRATEGIC PLAN
Photo Source: Coruscating Images, Courtesy of the City of Rancho Cordova ITEM 3.1.

ATTACHMENT 1

AGENDA
▸ Project Update
▸ Preliminary Findings: Data & Analysis
▸ Plan Framework
▸ Next Steps

OBJECTIVES
▸ Share updated data analysis
▸ Review the draft framework and strategies
▸ Discuss potential edits to the strategies
▸ Create consensus for building out
st
rategies and actions
Photo Source: Coruscating Images, Courtesy of the City of Rancho Cordova 2 ITEM 3.1.

ATTACHMENT 1

PROJECT

OVERVIEW
3 ITEM 3.1.

ATTACHMENT 1

To create an actionable Economic
Development Strategic Plan that furthers
strong and inclusive economic growth in
Rancho Cordova

PROJECT GOAL

PROJECT GOAL
4 ITEM 3.1.

ATTACHMENT 1

Elements of the Rancho Cordova economic development strategic plan

SPECIFIC CONSIDERATIONS
▸ Examine current marketing, branding, and incentives and ensure alignment with goals and objectives. ▸ Assess how strategies can be implemented to support equitable economic development.

Business Attraction,
Retention, &
Expansion
▸ Analyze key demographic, socioeconomic, labor and workforce, educational, and employment data. ▸ When possible, disaggregate data by geography, ethnicity, and race. ▸ Consider the city’s current economic position and identify opportunities for the future.

Citywide
Demographic and
Economic Analysis
▸ Identify target sectors for growth, expansion, and relocation. ▸ Targeted and actionable business recruitment and retention strategy.

Target Industry
Analysis
▸ Analyze real estate market indicators such as rental rates, vacancies, construction completion. ▸ Identify development opportunities and the alignment of real estate assets with goals and strategies in the plan.

Commercial
Property Analysis
5 ITEM 3.1.

ATTACHMENT 1

SCHEDULE

APR MAY JUN JUL AUG SEPT OCT NOV
Site Visit
Discovery
workshop
Site Visit
Opportunity
workshop
Steering
Committee
Kickoff
Site Visit
Final presentation
& workshop
Stakeholder
Engagement

DISCOVERY

IMPLEMENTATION

ENGAGEMENT
Stakeholders
▸Roundtables, interviews
▸Town halls
City Council
▸Briefings in June, September, and November
Steering Committee
▸Meetings in April, May, August, and November
Data analysis
socioeconomic factors,
target industries, and
commercial property

OPPORTUNITY
6 ITEM 3.1.

ATTACHMENT 1

3 9 12 2 1
Steering Committee
Meetings
Roundtables One-on-One Interviews Community Meetings Community Tour Troels Adrian ●
Christopher Belle ● Jose
Bodipo-Memba ● Arlene
Granadosin-Jones ●
Stefan Heisler ● Sam
Manolakas ● Edgar
Medina ● Diann Rogers ●
Marc Sapoznik ● Price
Walker ● Chuck Wolfe
Civic Leadership and
Community Groups ●
Entrepreneurs and
Startups ● Finance and
Banking ● Real Estate
(industrial, office,
residential, retail) ● Retail
and Personal Services ●
Workforce Development
and Higher Education
Meetings with City Council
members as well as
leaders in economic
development and
business.

Met with residents to
discuss opportunities and
challenges to future
economic development
and growth.

Participated in an assets
tour of the community
visiting major real estate
developments,
employment centers, retail
nodes, quality of place
amenities, and housing
options.

STAKEHOLDER ENGAGEMENT
7 ITEM 3.1.

ATTACHMENT 1

PRELIMINARY

FINDINGS
8 ITEM 3.1.

ATTACHMENT 1

▸ There is a st rong sense of community in Rancho Cordova ▸ Many family-or iented events
▸ Assets include the barrel district, river, and the MACC ▸ The c ity is viewed as a strong partner with the business community
▸ Willingness to support businesses and development process ▸ Opportunity to improve BRE and strengthen business attraction ▸ Real estate challenges in
clude office vacancies, and insufficient
retail and amenity options
▸ Increased office space vacancies, and decreased daytime traffic ▸ Desire for a downtown or other community gathering place ▸ Businesses are experiencing hiring challenges
▸ Childcare, transportation, and language access are barriers ▸ Mismatch between residents’ skills and locally available jobs ▸ Opportunity to improve collaboration between businesses and w
orkforce partners

SUMMARY OF ENGAGEMENT TAKEAWAYS
9 ITEM 3.1.

ATTACHMENT 1

10 ITEM 3.1.

ATTACHMENT 1

Sources: US Bureau of Labor Statistics (BLS); Lightcast 2024.2—QCEW Employees, Non-QCEW Employees, and Self-Employed; US Economic Development Administration, Institute for Strategy and Competitiveness, Harvard Business School; TIP Strategies, Inc.

Notes: Rancho Cordova, CA, is approximated by ZIP codes 95655, 95670, 95741, 95742, and 95827. Annual Employment filters for industries that have the minimum number of jobs in the specified range for a given region and year. Blank squares indicate the total number of jobs in that industry and year fell below the minimum.

EDA INDUSTRY CLUSTERS | CONCENTRATIONS
Location quotients for industry clusters in Rancho Cordova, CA, 2001-2022 11 ITEM 3.1.

ATTACHMENT 1

Sources: US Bureau of Labor Statistics (BLS); Lightcast 2024.2—QCEW Employees, Non-QCEW Employees, and Self-Employed; TIP Strategies, Inc.

Notes: Circles show percentage share of unique job postings from target industry employers in the Sacramento-Roseville-Folsom MSA by location. Larger, darker circles indicate higher shares. Job postings include non-staffing, unique, newly posted job postings for full-time, part-time, and flexible positions, excluding internships, between between July 2021- June 2024 TARGET INDUSTRIES | DEMAND
Based on an analysis of All Targets job postings in the Sacramento-Roseville-Folsom MSA, July 2021-June 2024 12 ITEM 3.1.

ATTACHMENT 1

TARGET INDUSTRIES

FINTECH
Example subsectors:
cybersecurity, digital
payments, e-commerce,
online payment processing
Example regional employers
• Acorn Finance
• GoodLeap
• HealthSherpa
• Redtail Technology

ADVANCED
MANUFACTURING +

TECHNOLOGY
Example subsectors: artificial
intelligence, robotics,
semiconductors, computer
electronics
Example regional employers
• NEC
• Qualcomm
• Solidigm
• Teledyne Defense
Electronics

LIFE SCIENCES
Example subsectors:
biotechnology,
pharmaceuticals, medical
devices, food processing
Example regional employers
• GeminiBio
• Nivagen
Pharmaceuticals
• ThermoGenesis
• Wexford Science +
Technology
13 HEALTHCARE
Example subsectors: health
administration, health
technology, medical
insurance
Example regional employers
• CommonSpirit Health
• Kaiser Permanente
• Summerset Senior Living
• Sutter Health
ITEM 3.1.

ATTACHMENT 1

Sources: US Bureau of Labor Statistics (BLS); Lightcast 2024.2—QCEW Employees, Non-QCEW Employees, and Self-Employed; TIP Strategies, Inc.

Notes: Circles show percentage share of unique job postings from target industry employers in the Sacramento-Roseville-Folsom MSA by occupations. STEM occupations are identified by the BLS. Larger, darker circles indicate higher shares. Job postings include non-staffing, unique, newly posted job postings for full-time, part-time, and flexible positions, excluding internships, between between July 2021- June 2024 TARGET INDUSTRIES | DEMAND
Based on an analysis of three years of Advanced Manufacturing & Technology job postings in the Sacramento-Roseville-Folsom MSA ITEM 3.1.

ATTACHMENT 1

Sources: US Bureau of Labor Statistics (BLS); Lightcast 2024.2—QCEW Employees, Non-QCEW Employees, and Self-Employed; TIP Strategies, Inc.

Notes: Job postings include non-staffing, unique, active job postings for full-time, part-time, and flexible positions, excluding internships, in the Sacramento-Roseville-Folsom MSA between July 2021- June 2024. Job postings include non-staffing, unique, newly posted job postings for full-time, part-time, and flexible positions, excluding internships.

TARGET INDUSTRIES | IN-DEMAND OCCUPATIONS
Based on an analysis of job postings in Sacramento-Roseville-Folsom MSA, July 2021- June 2024 ITEM 3.1.

ATTACHMENT 1

Sources: US Bureau of Labor Statistics (BLS); Lightcast 2024.2—QCEW Employees, Non-QCEW Employees, and Self-Employed; Glasmeier, Amy K. Living Wage Calculator, 2024, Massachusetts Institute of Technology (MIT); TIP Strategies, Inc.

Notes: Job postings include non-staffing, unique, newly posted job postings for full-time, part-time, and flexible positions, excluding internships, between July 2021-June 2024 in the Sacramento-Roseville-Folsom MSA. STEM occupations are identified by the BLS. The five circles for each occupation represents estimated earnings at the 10th, 25th, 50th (median), 75th, and 90th percentiles in 2023 USD. The circle size indicates the estimated number of jobs within that percentile range.

The living wage threshold shown by a solid green line is the minimum earnings needed to cover basic cost-of-living-adjusted expenses for the selected household type. The color of each circle indicates if the percentile wage is above (green), about the same (yellow), or below (red) the selected living wage. The average advertised wage among Advanced Manufacturing job postings over the July 2021-June 2024 period is shown by the dashed black line.

TARGET INDUSTRIES | EARNINGS
Based on an analysis of three years of Advanced Manufacturing & Technology job postings in the Sacramento-Roseville-Folsom MSA Living wage is based on
a household with two
adults, one working,
with two children
ITEM 3.1.

ATTACHMENT 1

WALK TIME
Downtown Overlay Office Park
17 Sources: CoStar Group; OpenRouteService; OpenStreetMap; US Census Bureau, Longitudinal Employer-Household Dynamics (LEHD), Origin-Destination Employment Statistics (LODES); TIP Strategies, Inc.

Notes: Large or irregular census blocks may distort walk times. Blank census blocks represent those with zero reported jobs and resident workers in the selected year. Only properties within a 1/2-mile radius of the selected priority site are shown on the map and summarized in the table that appears on hover. Walk time refers to the minimum amount of time required to reach a priority site on foot from a given census block. All real estate data are estimated by CoStar as of July 2024 and represent a snapshot in time.

ITEM 3.1.

ATTACHMENT 1

PLAN

FRAMEWORK
18 ITEM 3.1.

ATTACHMENT 1

PLAN FRAMEWORK

STRATEGIC PLAN VISION STATEMENT
Facilitate innovative approaches to business development, real estate investment, and job growth, creating a regional destination for economic opportunity.

GUIDING PRINCIPLES
Economic Resiliency Sustainable Growth Innovation Diversity & Inclusivity

GOAL AREAS
Business Development Placemaking & Real Estate Workforce Partnerships ITEM 3.1.

ATTACHMENT 1

GUIDING PRINCIPLES
The economic development values in Rancho Cordova that are essential for evaluating bold ideas and potential strategies.

ECONOMIC

RESILIENCY
Create a mix of
industries, talent, and
housing opportunities
that insulate against
economic shocks.
1 SUSTAINABLE
GROWTH
Economic development
and growth is
financially and
environmentally
sustainable.
2 INNOVATION
Utilize innovative
approaches to
maximize
opportunities and
address challenges.
3 DIVERSITY &

INCLUSIVITY
Economic growth is
centered on
maintaining a diverse
and inclusive
community.
4 20
ITEM 3.1.

ATTACHMENT 1

▸What is Rancho Cordova doing well t hat we can leverage in the plan? ▸What is m issing that would strengthen Rancho Cordova’s competitive position? ▸What are you most e xcited about?
▸What do you see as the biggest opportunities for tra nsformative projects? ▸Where would you like to see e xamples of success from other communities (use cases)?

THINGS TO CONSIDER
21 ITEM 3.1.

ATTACHMENT 1

1. Build a business retention and expansion program to monitor and s
upport Rancho Cordova’s employers.

2. Attract businesses in Rancho Cordova’s target industries, including ad
vanced manufacturing and technology, fin-tech, life sciences, and healthcare.

3. Support shovel-r eady sites and commercial product to support target industry growth.

4. Promote small business formation and growth.

5. Develop clear messaging that conveys Rancho’s identity and value p
roposition.

6. Collaborate with regional organizations to develop an entrepreneurial ec
osystem.

PLACEMAKING
& REAL ESTATE
Photo Source: Ayden Gregory Photography, courtesy of the City of Rancho Cordova Photo Source: City of Rancho Cordova
Description
Promote a vibrant economy by targeting business attraction efforts, fostering business creation, and supporting existing employers’ expansion and growth.

Draft Strategies
22 GOAL 1. BUSINESS DEVELOPMENT
ITEM 3.1.

ATTACHMENT 1

What is it?
▸ Emerging Prairie opened in 2013 with the mission of growing the e
ntrepreneurial community in North Dakota.
▸ Three major initiatives: 1) the Prairie Den 2) the Emerging Digital Acade
my, launched in 2020, and 3) the Grand Farm Initiative.

Why is it important?
▸ Its entrepreneurial ecosystem consists of broader components alig
ned to clear economic goals and targets for growth.
▸ Equity and inclusion are viewed as a business imperative, and in
tentional efforts are made to diversify the entrepreneur pipeline. ▸ In 2023:
▸ 19 people graduated from the Emerging Digital Academy ▸ 1 19 events were hosted with nearly 11,000 attendees, and ▸ 322 agriculture technology projects were implemented on Grand F
arm
For more information: https://www.emergingprairie.com/

EMERGING PRAIRIE, NORTH DAKOTA
23 23
ITEM 3.1.

ATTACHMENT 1

1. Create a database of available commercial, office, and industrial s
paces that can be used by businesses and site selectors.

2. Create a plan for future development that identifies priority nodes and co
rridors.

3. Reimagine the business park, transforming vacancies with revenue- g
enerating developments.

4. Increase temporary activation of underutilized spaces, creating a p
lace for community to gather.

5. Invest in pedestrian, bike, and trail infrastructure to connect residents w
ith amenities and job opportunities.

6. Continue to examine opportunities to revise, clarify, and simplify the z
oning and the permitting processes to encourage desired development.

Description
Support high-quality mixed-use real estate development, infill, and redevelopment that creates an attractive place for businesses, residents, and visitors.

Draft Strategies
Photo Source: Ayden Gregory Photography, courtesy of the City of Rancho Cordova 24 GOAL 2. PLACEMAKING & REAL ESTATE
ITEM 3.1.

ATTACHMENT 1

What is it?
▸ A 120-acr e office park with 32 buildings and 1.5M sq ft of office conversion to a walkable downtown.

Why is it important?
▸ Doral, Florida was incorporated in 2003, consisting of residential de
velopment, retail, industrial districts, and a golf course.

Residents did not have a downtown or walkable areas.
▸ The office park conversion began in 2005 with a $1B developer in
vestment in redevelopment using the existing infrastructure and street grid.
▸ In 2006 the city approved a downtown form-b ased zoning district to accommodate the development.
▸ Incremental development resulted in a new mixed-u se downtown that includes city hall and other civic buildings, schools, and a county library in addition to parks, retail, and a mix of residential units.

For more information: https://www.miamiherald.com/news/business/biz-monday/article1958513.html , https://urbanland.uli.org/development- business/suburban-office-park-new-downtown-florida, https://www.cnu.org/publicsquare/2023/07/26/downtown- built-former-office-park

DOWNTOWN DORAL, FLORIDA
2525
ITEM 3.1.

ATTACHMENT 1

1. Support the Chamber-l ed talent pipeline management program and consider expanding to include additional target industries.

2. Leverage the Rancho Cordova Chamber’s TPM program to establish r
egional industry partnerships to foster relationship building, create effective workforce development programs, and address challenges.

3. Support the expansion of CTE access and exposure to job op
portunities with local employers for high school students.

4. Convene an action committee of business leaders to identify issues an
d solutions to employment barriers such as childcare and transportation.

Description
Grow the local workforce through partnerships that enhance the pipeline of talent for employers and connect workers to training opportunities.

Draft Strategies
26 GOAL 3. WORKFORCE PARTNERSHIPS
ITEM 3.1.

ATTACHMENT 1

What is it?
▸ The Northern Colorado (NoCo) Manufacturing Partnership is an all- v
olunteer, manufacturer-driven, two-county organization
representing approximately 200 companies.
▸ Funded by grants, donations, and the proceeds of a trade show.

Why
is it important?
▸ Two primary areas of focus: workforce development and creating t
hriving environment for manufacturers and the communities they live in.
▸ Workforce development activities: career awareness tours, in
ternships, curriculum development, partnerships with educators and workforce professionals.
▸ Thriving environment activities: lunch and learn events, leadership t
raining, student and student/parent tours, business-to-business networking, and a successful manufacturing trade show and job fair
For more information: https://nocomfg.com/

NOCO MANUFACTURING PARTNERSHIP,

COLORADO
27 ITEM 3.1.

ATTACHMENT 1

NEXT STEPS
28 ITEM 3.1.

ATTACHMENT 1

Ongoing
▸Stakeholder engagement: interviews
▸Refining the data analysis
▸Further building out strategies and actions
▸Developing a framework for operationalizing and
im
plementing the plan
Milestones
▸Steering committee meeting: October
▸November: final plan presentation

NEXT STEPS
29 29
ITEM 3.1.

ATTACHMENT 1

Follow us
@TIPStrategies
And sign up for our newsletter!
30 ITEM 3.1.

ATTACHMENT 1

MEMORANDUM

City Council Staff Report - Page 1 of 1

ITEM 3.2.

DATE: September 3, 2024

TO: Honorable Mayor and Council Members

FROM: Kim Juran, Administrative Services Director

SUBJECT: FINANCING OPTIONS FOR SIGNIFICANT CITY PROJECTS

RECOMMENDATION

Receive the presentation.

RESULT OF RECOMMENDED ACTION

This presentation will provide information on financing options for significant City projects as previously requested by members of the City Council.

BACKGROUND

This presentation is intended to provide information pertaining to financing options, including Enhanced Infrastructure Financing Districts (EIFD's), for significant city projects. At the conclusion of the presentation, consultants from the City's bond financing team will be available to answer any questions.

FISCAL IMPACT AND FUNDING SOURCE

This presentation is informational only. There is no fiscal impact.

ATTACHMENT(S)

None

ITEM 13.1. ATTACHMENT 1

CITY OF RANCHO CORDOVA

CITY COUNCIL MEETING
Monday, August 5, 2024
5:30 PM – Regular Meeting
David B. Roberts Council Chambers
City Hall
2729 Prospect Park Drive, Rancho Cordova

DRAFT MINUTES

1. REGULAR MEETING - CALL TO ORDER/ROLL CALL

Mayor Sander called the Regular meeting to order in the David B. Roberts Council Chambers at 5:33 p.m.

Council Members Present: Linda Budge, Garrett Gatewood, Siri Pulipati, Donald Terry, and Mayor David Sander
Council Members Absent: None
Staff Members Present: Stacy Leitner, Adam Lindgren, Persephonie Riley, and Micah Runner

2. METRO CABLE TV TELEVISION ANNOUNCEMENT

The City Clerk read the meetings recordings and playback schedule.

3. PLEDGE OF ALLEGIANCE

Albert Stricker led the pledge.

4. INVOCATION

Bobby Nesbeth, Youth Pastor at Orangevale Baptist Church, gave the invocation.

5. PRESENTATIONS

5.1. Employee Milestone Anniversary Presentations.

5.2. Proclamation to Soroptimist International of Rancho Cordova & Gold River on the Occasion of its 15th Anniversary.

ITEM 13.1. ATTACHMENT 1 Rancho Cordova City Council - DRAFT MINUTES
Meeting of Monday, August 5, 2024

6. PUBLIC COMMENT

Mayor Sander opened the public comment period. The following individuals addressed the Council or submitted public comment via email:

1. Larry Ladd

2. Angela Adams

3. Jessa Rego

4. Cesar Plascencia

5. Derald Langwell

6. Helen Whelan-Bashaw

7. James Garcia

8. Britt B
Mayor Sander closed the public comment period.

7. COUNCIL REPORTS

Council reported on events since the last meeting.

8. CITY MANAGER'S REPORT

City Manager Micah Runner gave his report.

9. CONSENT CALENDAR ITEMS - ROLL CALL VOTE

Mayor Sander opened the public comment period. Seeing no speakers, Mayor Sander closed the public comment period.

ACTION: Motion to approve items 9.1 through 9.12 by Budge second by Terry; Motion passed with a 5:0 vote.

9.1. Subject: Meeting Minutes from the Regular City Council Meeting of July 15, 2024.

Recommendation: Adopt the minutes.

9.2. Subject: A Resolution Declaring the City's Intention to Impose an Annual Stormwater Utility Fee for the Maintenance of Storm Drainage and Flood Protection Systems for The Preserve Project.

Recommendation: Adopt the Resolution designating a time and place for hearing protests in connection with the annual Stormwater Utility Fee for The Preserve project.

9.3. Subject: A Resolution Authorizing the City Manager to Approve the Final Map of The Preserve – Phase 1, Subdivision No. FM-23-0038 and Execute Subdivision Improvement Agreement Contract No. 2024-81 with Lennar Homes of California, LLC.

Recommendation: Adopt the Resolution.

9.4. Subject: A Resolution Authorizing the City Manager to Approve the Final Map of Sunridge Village 4, Subdivision No. FM-23-0036 and Execute Subdivision Improvement Agreement Contract No. 2024-54 with Cresleigh Homes Corporation.

Recommendation: Adopt the Resolution.

9.5. Subject: A Resolution Authorizing the City Manager to Execute Contract No. 2024-110 with Infinity Technologies to Provide Geographic Information System (GIS) Consulting Services in an Amount not to Exceed $1,289,580.

Recommendation: Adopt the Resolution.

9.6. Subject: A Resolution Authorizing the City Manager to Execute General Services Contract Amendment No. 2020-175-5 in an Amount not to Exceed $464,000 with Ethan

ITEM 13.1. ATTACHMENT 1 Rancho Cordova City Council - DRAFT MINUTES
Meeting of Monday, August 5, 2024

Fleener Construction for Funding the Residential Beautification Program.

Recommendation: Adopt the Resolution.

9.7. Subject: A Resolution Authorizing the City Manager to Execute General Service Contract Amendment No. 2022-93-2 in an Amount not to Exceed $400,000 with Excel Landscaping for funding the Residential Beautification Program.

Recommendation: Adopt the Resolution.

9.8. Subject: A Resolution Authorizing the City Manager to Approve the Final Map of The Ranch Village 11, Subdivision No. FM-2021-002-10 and Execute Subdivision Improvement Agreement Contract No. 2024-101 with K. Hovnanian at Jaeger Ranch, LLC.

Recommendation: Adopt the Resolution.

9.9. Subject: A Resolution Authorizing the City Manager to Approve the Final Map of The Ranch Village 12-2, Subdivision No. FM-2021-002-15 and Execute Subdivision Improvement Agreement Contract No. 2024-102 with K. Hovnanian at Jaeger Ranch, LLC.

Recommendation: Adopt the Resolution.

9.10. Subject: A Resolution Authorizing the City Manager to Approve the Final Map of The Ranch Village 15-2 and 18, Subdivision No. FM-2021-002-17 and Execute Subdivision Improvement Agreement No. 2024-103 with K. Hovnanian at Jaeger Ranch, LLC.

Recommendation: Adopt the Resolution.

9.11. Subject: A Resolution Authorizing the City Manager to Approve the Final Map of The Ranch Village 21-2 & 22, Subdivision No. FM-2021-002-16 and Execute Subdivision Improvement Agreement Contract No. 2024-104 with K. Hovnanian at Jaeger Ranch, LLC.

Recommendation: Adopt the Resolution.

9.12. Subject: A Resolution Accepting a Grant from the State of California Department of Alcoholic Beverage Control (ABC) in the Amount of $78,042 and Authorizing the City Manager or his Designee to Execute a Grant Agreement.

Recommendation: Adopt the Resolution.

10. CONSENT PUBLIC HEARING ITEMS - ROLL CALL VOTE

Mayor Sander opened the public comment period. The following individuals addressed the Council or submitted public comment via email:

1. Fayzah Mughal

2. Deb Banks
Mayor Sander closed the public comment period.

ACTION: Motion to approve items 10.1 and 10.2 by Budge second by Terry; Motion passed with a 5:0 vote.

10.1. Subject: A Resolution Creating Special Tax Area Zone 34 and an Ordinance Establishing a Special Tax for Transit-Related Services for The Preserve Project.

Recommendation: Adopt the Resolution creating special transit tax area Zone 34 and waive the first reading and introduce the Ordinance establishing a special tax for transit- related services for The Preserve project.

ITEM 13.1. ATTACHMENT 1 Rancho Cordova City Council - DRAFT MINUTES
Meeting of Monday, August 5, 2024

10.2. Subject: A Resolution Adopting a Mitigated Negative Declaration, Environmental Findings and Mitigation Monitoring and Reporting Program for the Zinfandel Drive Bicycle and Pedestrian Overcrossing Project.

Recommendation: Adopt the Resolution.

11. PUBLIC HEARING ITEMS

None.

12. REGULAR CALENDAR ITEMS

12.1. Subject: Zinfandel Drive Bicycle and Pedestrian Overcrossing Art Walk Presentation.

Recommendation: Receive staff presentation on the proposed Zinfandel Drive Bicycle and Pedestrian Overcrossing Art Walk, provide direction and approve the proposed Art Plan.

Mayor Sander opened the public comment period. The following individuals addressed the Council or submitted public comment via email:

1. Fayzah Mughal

2. Deb Banks

3. Helen Whelan-Bashaw

4. Tera Kolvenbach

5. Angela Adams
Mayor Sander closed the public comment period.

ACTION: Motion to approve item 12.1 by Terry second by Gatewood; Motion passed with a 5:0 vote.

13. COUNCIL REQUESTS FOR FUTURE AGENDA ITEMS

None.

14. ADJOURNMENT

Mayor Sander adjourned the meeting at 7:54 p.m.
____________________
Stacy Leitner, CMC
City Clerk

ITEM 13.1. ATTACHMENT 2

CITY OF RANCHO CORDOVA

JOINT MEETING OF THE RANCHO CORDOVA CITY COUNCIL AND

THE RANCHO CORDOVA PLANNING COMMISSION
Tuesday, August 27, 2024
5:30 PM PST – Special Joint Meeting with Planning Commission/Work Session American River Room
City Hall
2729 Prospect Park Drive, Rancho Cordova
Sheraton Puerto Rico Resort & Casino
200 Convention Boulevard,
San Juan, Puerto Rico, 00907

DRAFT MINUTES

1. SPECIAL MEETING - CALL TO ORDER/ROLL CALL

Vice Mayor Pulipati called the Special meeting to order in the American River Room at 5:37 p.m.

Council Members Present: Linda Budge, Garrett Gatewood, David Sander (attended via teleconference), Donald Terry, and Vice Mayor Siri Pulipati Planning Commission Members Present: Lee Frechette, Dave Huhn, Tegan Knifton, Robert McGarvey, Leroy Tripette, and Chair Cynthia Stauss Council Members Absent: None
Planning Commission Members Absent: None
Staff Members Present: Haley Arata, Stacy Leitner, Adam Lindgren, and Micah Runner

2. PUBLIC COMMENT

Vice Mayor Pulipati opened the public comment period. The following individuals addressed the Council and Planning Commission or submitted public comment via email:

1. Larry Ladd

2. Mark Berry

ITEM 3.1. ATTACHMENT 2 Rancho Cordova City Council - DRAFT MINUTES
Meeting of Tuesday, August 27, 2024

3. Marilyn Metzger

4. Brenda Gustin
Vice Mayor Pulipati closed the public comment period.

3. SPECIAL MEETING

3.1. Subject: General Plan Update Kickoff Joint Workshop Recommendation: No formal action will be taken. Staff and project consultants are introducing the General Plan Update program and requesting input or further direction on the General Plan Planning Areas and Sub-Area boundaries, which may inform how future work will be conducted.

Vice Mayor Pulipati opened the public comment period. The following individuals addressed the Council and Planning Commission or submitted public comment via email:

1. Mark Berry

2. James Garcia

3. Larry Ladd

4. Tera Kolvenbach
Vice Mayor Pulipati closed the public comment period.

ACTION: Input was received regarding the General Plan Update.

4. ADJOURNMENT

Vice Mayor Pulipati adjourned the meeting at 7:18 p.m.
_________________
Stacy Leitner, CMC
City Clerk

MEMORANDUM

City Council Staff Report - Page 1 of 1

ITEM 13.2.

DATE: September 3, 2024

TO: Honorable Mayor and Council Members

FROM: Dalia Fadl, Principal Engineer

SUBJECT: SECOND READING OF AN ORDINANCE ESTABLISHING A SPECIAL

TAX FOR TRANSIT-RELATED SERVICES FOR THE PRESERVE

PROJECT

RECOMMENDATION

Waive second reading and adopt the Ordinance.

RESULT OF RECOMMENDED ACTION

Adoption of the Ordinance would assist the City in meeting the costs of providing transit-related services by creating a special tax area Zone 34 and establishing a special tax for transit-related services for the Preserve project.

BACKGROUND

On August 5, 2024, the City Council waived the first reading and passed to a second reading of the Ordinance. On the same date, the City Council also approved a Resolution that established Special Tax Zone No. 34, the boundaries of which will be contiguous to the boundaries of the Preserve project.

Following adoption of the Ordinance, a mailed ballot election will be held on September 24, 2024, at 1:30 p.m., at which time the ballot(s) will be tabulated by the City Clerk. The results of the mail ballot election will be declared at the City Council meeting on October 7, 2024.

FISCAL IMPACT AND FUNDING SOURCE

There is no fiscal impact on the City's General Fund. Funds collected by this tax will be used to fund transit-related services.

ATTACHMENT(S)

1. Ordinance

2. Exhibit A to the Ordinance

3. Exhibit B to the Ordinance- Property Land Use Catagory

ITEM 13.2. ATTACHMENT 1 Ordinance No. XX-2024 Page 1 of 5

CITY OF RANCHO CORDOVA
ORDINANCE NO. XX-2024

AN ORDINANCE OF THE CITY OF RANCHO CORDOVA, STATE OF CALIFORNIA,

ESTABLISHING A SPECIAL TAX FOR TRANSIT-RELATED SERVICES FOR THE

PRESERVE PROJECT SUBJECT TO VOTER APPROVAL

THE CITY COUNCIL OF THE CITY OF THE RANCHO CORDOVA DOES ORDAIN AS FOLLOWS:

Section 1. Purpose, Intent and Authority.

It is of critical importance to the City Council of the City of Rancho Cordova that residents of and employees working in the City receive high quality transit-related services.

In carefully reviewing the City’s budget and revenue projections, it is clear to City staff that the City budget does not contain adequate funding to ensure the continued delivery of adequate high-quality transit-related services unless additional revenues are obtained.

It is the purpose and intent of this non-codified Ordinance to generate additional funds to pay for transit-related services by authorizing the levy of a tax on improved parcels of real property on the secured property tax roll of Sacramento County that are within Zone 34 of the Rancho Cordova Transit-Related Services Special Tax Area (the “Zone”).

This tax is a special tax within the meaning of Section 4 of the Article XIIIA of the California Constitution. Because the burden of this tax falls upon property, this tax also is a property tax, but this tax is not determined according to nor in any manner based upon the value of property; this tax is levied on a parcel and use of property basis. Insofar as not inconsistent with this Ordinance or with legislation authorizing special taxes and insofar as applicable to a property tax that is not based on value, such provisions of the California Revenue and Taxation Code and of Article XIII of the California Constitution as relate to ad valorem property taxes are intended to apply to the collection and administration of this tax (Section 4 of this Ordinance), as authorized by law. This tax is not an ad valorem property tax; it is an excise tax on the use of property. Because the revenue from the tax may be used only to fund transit-related services, it is also a special tax.

The revenues raised by this tax are to be used solely for the purpose of providing transit-related services as are deemed necessary by the City Council for the benefit of the residents and/or employees of Zone 34.

At the time that the Council adopted this non- codified Ordinance, there were zero (0) registered voters residing in Zone 34 and one property owner. Because the Transit-Related Services Special Tax will be imposed on property in Zone 34 and paid by the owner of the property, the Council finds that restricting the vote on the Transit-Related Services Special Tax to property owners in Zone 34 is appropriate and consistent with the principles and requirements of California Constitution article XIIIC (Proposition 218).

ITEM 13.2. ATTACHMENT 1 Ordinance No. XX-2024 Page 2 of 5 Section 2. Definitions.

The following definitions shall apply throughout this Ordinance.

A. "Constant first year dollars" shall mean an actual dollar amount which, in years subsequent to the first fiscal year the tax is levied, shall have the same purchasing price as the base amount in first fiscal year dollars as measured by the Consumer Price Index. The base amount shall be the amount of tax per parcel as specified in Section 3(A) herein. The adjustments from actual to constant dollars shall be made by use of the Consumer Price Index, as specified in Section 3(B) herein.

B. "Consumer Price Index" means the Consumer Price Index for all Urban Consumers (CPI-U) for the San Francisco-Oakland-San Jose Area as published by the U.S.

Department of Labor, Bureau of Labor Statistics. If the Consumer Price Index is discontinued or revised, such other government index or computation with which it is replaced shall be used in order to obtain substantially the same result as would be obtained if the Consumer Price Index had not been discontinued or revised.

C. “Fiscal year" means the period of July 1 through the following June 30.

D. “Parcel" means the land and any improvements thereon, designated by an assessor’s parcel map and parcel number and carried on the secured property tax roll of Sacramento County. For the purposes of this Ordinance, parcel does not include any land or improvements outside the boundaries of Zone 34, nor any land or improvements owned by any governmental entity.

E. “Rancho Cordova Transit-Related Services Special Tax Area" means all the properties within the jurisdictional limits of the City of Rancho Cordova.

F. “Rancho Cordova Transit-Related Services Special Tax Area Zone 34 (the “Zone”) means that portion of the incorporated area of the City of Rancho Cordova located within the boundaries as shown on the map Exhibit A.

G. “Transit-Related Services” means providing, operating, maintaining and subsidizing transit services and all supporting facilities, infrastructure, programs and incentives that benefit the residents of the Rancho Cordova Transit-Related Services Special Tax Area, and shall be calculated and set according to the methodology described in Engineer’s Report County Service Area No. 10 and Benefit Zone No. 2 County of Sacramento, November 18, 2004, which established the methodology for the original service charge for Benefit Zone No. 2.

H. “Voter” means a person who owns real property within Zone 34, as shown on the last equalized assessment role prepared by the Sacramento County Assessor’s Office, at the time that the City Council adopts an ordinance authorizing the imposition of a transit- related services tax to the voters of Zone 34.

Section 3. Amount and Level of Taxes.

The tax per year on each parcel in the Zone shall not exceed the amount applicable to the parcel, as specified below.

ITEM 13.2. ATTACHMENT 1 Ordinance No. XX-2024 Page 3 of 5 A. For First Fiscal Year:

The tax per year for the first fiscal year (July 1, 2023 through June 30, 2024) shall be the amount of Tax per Parcel for a Land Use Code Category as set forth on Exhibit B hereto. The use code assigned to each parcel shall be reviewed and updated periodically.

Rates in Exhibit B shall be calculated and set according to the methodology described in Engineer’s Report County Service Area No. 10 and Benefit Zone No. 2 County of Sacramento, November 18, 2004, which established the methodology for the original service charge for Benefit Zone No. 2.

B. For Subsequent Fiscal Years:

In order to keep the tax on each parcel in constant first year dollars for each fiscal year subsequent to the first fiscal year, the tax per year shall be adjusted as set forth below to reflect any increase in the Consumer Price Index beyond the first fiscal year the tax is levied.

In June or July of each year, City Council shall determine the amount of taxes to be levied upon the parcels in Zone 34 for the then current fiscal year, as set forth below.

For each Land Use Category on Exhibit B, the tax per year on each parcel for each fiscal year subsequent to the first fiscal year shall be an amount determined as follows:

Tax Per Parcel
For then Current =
Fiscal Year
Tax Per Parcel
For Immediately
Preceding X
Fiscal Year
Consumer Price Index
from April of immediately
Preceding Fiscal Year to April of
then Current Fiscal Year
OR 6 percent, whichever is less
Provided, however, that in no event shall the tax per parcel for any fiscal year be less than the amount established for the first fiscal year.

C. Nature of Tax Levy.

The taxes levied on each parcel pursuant to this Article shall be a charge upon the parcel and shall be due and collectible as set forth in Section 4, below.

Section 4. Collection and Administration.

A. Taxes as Liens Against the Property.

The amount of taxes for each parcel each year shall constitute a lien on such property, in accordance with Revenue and Taxation Code Section 2187, and shall have the same effect as an ad valorem real property tax lien until fully paid.

B. Collection.

The taxes on each parcel shall be billed on the secured roll tax bills for ad valorem property taxes and are to be collected in the same manner in which Sacramento County collects secured roll ad valorem property taxes. Insofar as feasible and insofar as not inconsistent with this Ordinance, the times and procedures regarding exceptions, due dates,

ITEM 13.2. ATTACHMENT 1 Ordinance No. XX-2024 Page 4 of 5 installment payments, corrections, cancellations, refunds, late payments, penalties, liens, and collections for secured roll ad valorem property taxes (as established by Sacramento County) shall be applicable to the collection of this tax. Notwithstanding anything to the contrary in the foregoing, as to this tax:

1. The secured roll tax bills shall be the only notices required for this tax, and

2. The homeowners and veterans exemptions shall not be applicable because such exemptions are determined by dollar amount of value.

C. Costs of Administration by County.

The reasonable costs incurred by the County officers collecting and administering this tax shall be deducted from the collected taxes.

D. Use of Tax Revenue.

The revenue collected from the tax imposed by this ordinance shall be placed into a separate account and may be used only to fund transit-related services, including the costs of administering and collecting the tax and enforcing the provisions of this ordinance.

Revenue from the tax may be used for transit-related services citywide.

E. Refunds.

1. Whenever the amount of any tax, interest or penalty has been overpaid or paid more than once or has been erroneously or illegally collected or received by the City pursuant to this ordinance, it may be refunded as provided in this Section.

2. No refund may be made except upon a written claim verified by the person who paid the tax or by his or her guardian or conservator or the executor or administrator of his or her will or estate and stating the grounds upon which the claim is made. All claims filed pursuant to this subsection must be presented within one year after payment of the amount for which the claimant is seeking a refund.

3. No order of a refund may be made until a written claim therefor has been presented in accordance with this subsection. No suit for money, damages or a refund may be brought against the City until a written claim therefor has been presented to the City and has been acted upon or has been deemed rejected by the City, in accordance with this subsection. Only the person who filed the claim may bring such a suit, and if another person should do so, judgment shall not be rendered for the plaintiff.

F. Initiatives to Affect Tax.

Consistent with the California Constitution (art. XIIIC, § 3) the tax imposed by this ordinance may be affected by initiative. The procedures for qualification of such an initiative and the election on a qualified initiative shall be consistent with the California Constitution (art. 2, sec. 8), the California Elections Code (Chapter 3 of Division 9), and the Municipal Code. The minimum number of signatures necessary to qualify an initiative to affect the tax approved by this ordinance shall be equal to 5 percent of the votes in the City for all

ITEM 13.2. ATTACHMENT 1 Ordinance No. XX-2024 Page 5 of 5 candidates for Governor at the last gubernatorial election. The election on a qualified initiative to affect the tax shall be a regular citywide election. An initiative affecting the tax shall be approved only if at least two-thirds of the votes cast on the measure are in favor of its approval.

Section 5. Severability Clause.

If any article, section, subsection, sentence, phrase of clause of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portion of this Ordinance. The voters of Zone 34 hereby declare that they would have adopted the remainder of this Ordinance, including each article, section, subsection, sentenced phrase or clause, irrespective of the invalidity of any other article, section, subsection, sentence, phrase or clause.

Section 6. Effective Date and Posting.

This Ordinance shall take effect immediately upon its approval by two-thirds of the voters voting within the Zone in an election to be held on September 24, 2024, so that taxes shall first be collected hereunder for the tax year beginning July 1, 2025.

PASSED AND ADOPTED, THIS 3rd day of September 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

David Sander, Mayor
ATTEST:

Stacy Leitner, CMC
City Clerk

Legend
Annexation Boundary
Parcel Boundary
APN
073-0010-029
APN
072-0300-011
APN
072-0300-013

BARKSDALE WAY

SOLSBERRY WAY

THORNBERG WAY

EVANSTON WAY

RAYMER WAY
!

CITY OF RANCHO CORDOVA

TRANSIT RELATED SERVICES SPECIAL TAX AREA
ZONE 34

THE PRESERVE
ITEM 13.2.

ATTACHMENT 2
Exhibit A to the Ordinance

ITEM 13.2. ATTACHMENT 3
Exhibit B to the Ordinance
Amount of Tax per Parcel by Land Use Category
A. Residential Dwelling Units
As adjusted for inflation from the original base year, the amount of Tax per Parcel for fiscal year 2023-2024 for Residential Land Use Categories shall be $132.85 per low density residential dwelling unit or low density residential dwelling unit equivalent, $106.28 per medium density residential dwelling unit or medium density residential dwelling unit equivalent, or $79.71 per high density residential dwelling unit or high density residential dwelling unit equivalent (Multi-family residential units on a single parcel shall be assessed on a proportionately equivalent basis (e.g., a two-unit attached housing structure, such as a duplex, would be deemed to consist of two residential parcels for purposes of the Transit- Related Services Special Tax).

B. Non-Residential
As adjusted for inflation from the original base year, the amount of Tax per Parcel for fiscal year 2023-2024 for Non-Residential Land Use Categories (except Recreational and Agricultural) shall be $3,406.27 per retail and service commercial acre, $2,928.01 per commercial mixed use or office commercial acre.

C. Inflator Formula
The tax is subject to an annual inflator formula based on the Consumer Price Index for all Urban Consumers (CPI-U) for the San Francisco-Oakland-San Jose Area, or six percent, whichever is less.

MEMORANDUM

City Council Staff Report - Page 1 of 2

ITEM 13.3.

DATE: September 3, 2024

TO: Honorable Mayor and Council Members

FROM: Albert Stricker, Public Works Director
Dalia Fadl, Principal Engineer

SUBJECT: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACT AMENDMENT NO. 2020-220-2 WITH DOKKEN

ENGINEERING TO EXTEND THE CONTRACT TERM FROM
DECEMBER 31, 2024, TO JUNE 30, 2026, WHICH RESULTS IN AN INCREASE TO THE CONTRACT AMOUNT FROM $800,000 TO AN
AMOUNT NOT TO EXCEED $1,240,000 FOR STORMWATER

SUPPORT SERVICES

RECOMMENDATION

Adopt the Resolution.

RESULT OF RECOMMENDED ACTION

Adoption of the Resolution would authorize the City Manager to execute Contract Amendment No. 2020-220-2 with Dokken Engineering to extend the contract term from December 31, 2024, to June 30, 2026, which would result in an increase to the contract amount from $800,000 to an amount not to exceed $1,240,000 for the provision of stormwater support services by Dokken Engineering.

BACKGROUND

The work conducted under this contract includes stormwater regulatory compliance, construction site inspections, public outreach, employee training, biological surveys, environmental permitting (401, 402, 404 permits), habitat conservation plan implementation, wetland delineation, California Environmental Quality Act implementation, and other stormwater support services as needed.

On January 4, 2021, City Council approved Contract No. 2020-220 in an amount not to exceed $450,000 with Dokken Engineering for the provision of stormwater support services over a three-year contract term. On October 17, 2022, City Council approved Contract Amendment No. 2020-220-1 to extend the contract term from December 31, 2023, to December 31, 2024, which increased the total contract amount to $800,000.

Dokken Engineering has provided an excellent performance record and an effective understanding of the City’s desired level of service. The City is seeking to execute a contract amendment with Dokken Engineering to extend the contract term from December 31, 2024, to

City Council Staff Report - Page 2 of 2

June 30, 2026, which results in an increase to the contract amount from $800,000 to an amount not to exceed $1,240,000. The time extension and cost increase is needed to support the City with ongoing demand for regulatory compliance and environmental permitting services.

FISCAL IMPACT AND FUNDING SOURCE

Funding for the contract will be from the City’s Stormwater Utility Fund. There is no impact on the City’s General Fund.

ATTACHMENT(S)

1. Resolution

2. Contract Amendement No. 2020-220-2

ITEM 13.3. 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, AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACT AMENDMENT NO. 2020-220-2 WITH DOKKEN ENGINEERING TO EXTEND THE CONTRACT TERM FROM DECEMBER 31, 2024, TO JUNE 30, 2026, WHICH RESULTS IN AN INCREASE TO THE CONTRACT AMOUNT FROM $800,000 TO AN AMOUNT NOT TO EXCEED $1,240,000 FOR STORMWATER SUPPORT SERVICES

WHEREAS, the City entered into Contract No. 2020-220 with Dokken Engineering on January 4, 2021, in the amount of $450,000 for the provision of stormwater support services; and

WHEREAS, the City entered into Contract Amendment No. 2020-220-1 with Dokken Engineering on October 17, 2022, to extend the contract term from December 31, 2023, to December 31, 2024, which increased the compensation amount to $800,000 for the provision of stormwater support services; and

WHEREAS, Dokken Engineering has provided an excellent performance record and an effective understanding of the City’s desired level of services; and

WHEREAS, the City wishes to extend the contract term from December 31, 2024, to June 30, 2026; and

WHEREAS, the City wishes to increase the maximum compensation amount from $800,000 to an amount not to exceed $1,240,000; and

WHEREAS, the amount exceeds the maximum amount that the City Manager has authorization to approve; and

WHEREAS, the contract will be funded through the City’s Stormwater Utility Fund; and WHEREAS, there are sufficient funds budgeted to cover the cost of the contract amendment.

NOW, THEREFORE, BE IT HEREBY RESOLVED THE CITY COUNCIL OF THE CITY OF RANCHO CORDOVA does authorize the City Manager to execute Contract Amendment No. 2020-220-2 with Dokken Engineering in a form approved by the City Attorney to extend the contract term from December 31, 2024, to June 30, 2026, which results in an increase to the contract amount from $800,000 to an amount not to exceed $1,240,000 for stormwater support services.

PASSED AND ADOPTED by the City Council of the City of Rancho Cordova on the 3rd day of September 2024 by the following vote:

AYES:

NOES:

ITEM 13.3. ATTACHMENT 1 Resolution No. XX-2024 Page 2 of 2 ABSENT:

ABSTAIN:

ATTEST:

David Sander, Mayor

Stacy Leitner, CMC
City Clerk

CO NTRACT NO. 2020-220-2
Second Amendment to Professional Services Agreement between Page 1 of 3 City of Rancho Cordova and Dokken Engineering for
Stormwater Support Services

SECOND AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF RANCHO CORDOVA AND DOKKEN ENGINEERING

FOR STORMWATER SUPPORT SERVICES
T
his Second Amendment to the Agreement for Professional Services (“Amendment”) is made by and between the City of Rancho Cordova (“City”) and Dokken Engineering, a (“Professional”) as of September 3, 2024. City and Professional are hereinafter collectively referred to as the "Parties."

RECITALS
W
HEREAS, the Parties entered into a Professional Services Agreement (“P SA”) dated January 4, 2021, in the amount not to exceed $450,000 for the provision of stormwater support services through December 31, 2023; and
W
HEREAS, Amendment No. 2020- 220-1 extended the contract term from December 31, 2023 to December 31, 2024, which resulted in an increase in the total contract amount from $450,000 to $800,000; and
W
HEREAS, Dokken Engineering has provided an excellent performance record and an effective understanding of the city’s desired level of service; and W
HEREAS, this Amendment No. 2020- 220-2 will extend the end date of the PSA from December 31, 2024 to June 30 , 202 6, which results in an increase to the contract amount from $800,000 to an amount not to exceed $1,240,000 for the provision of on-call stormwater engineering services; and
W
HEREAS, the Parties agree that changes to the term and services provided for in the P SA are necessary in order for the City to continue receiving services by the Professional.

NO
W, THEREFORE, the Parties hereto agree as follows:

AGREEMENT

1. T
he Parties agree to modify the end date of the P SA from December 31, 2024 to June 30, 2026.

The first sentence of Section 1.1 of the PSA, “Term of Service,” is amended to read as follows:
"The term of this Agreement shall begin on the date first noted above and shall end on June 30, 2026. Professional shall complete the work described in Exhibit A prior to that date, unless the term of the Agreement is otherwise terminated or extended, as provided in Section 8."

2. S
ection 2 of the PSA, “Compensation,” provides for the City to pay Professional a sum not to exceed $800,000. The Parties agree to amend Section 2 of the P SA in order to increase the compensation amount to pay Professional for additional services. The first sentence of Section 2 of the PSA is amended to read as follows:

ITEM 13.3.

ATTACHMENT 2

CO NTRACT NO. 2020-220-2
Second Amendment to Professional Services Agreement between Page 2 of 3 City of Rancho Cordova and Dokken Engineering for
Stormwater Support Services
"
City hereby agrees to pay Professional a sum not to exceed One Million Two Hundred Forty Thousand Dollars ($1,240,000), notwithstanding any contrary indication that may be contained in Professional’s proposal, for services to be performed and reimbursable costs incurred under this Agreement.”

3. The document entitled “Rate Schedule,” attached hereto as Exhibit B, shall replace and supersede the PSA's Exhibit B.

4. A
ll other terms and conditions in the PSA shall remain in full force and effect to the extent they are not in conflict with this Amendment.

5. T
he signatures of the Parties to this Amendment may be executed and acknowledged on separate pages or in counterparts which, when attached to this Amendment, shall constitute one complete Amendment.

6. Contract Administration. This Agreement shall be administered by Dalia Fadl ("Contract Administrator"). All correspondence shall be directed to or through the Contract Administrator or his or her designee.

Notices. Any written notice to Professional shall be sent to:

D
okken Engineering
Attn: Pamela Dalcin-Walling
110 Blue Ravine Road, Suite 200
Folsom, CA 95630
Email Address (for Insurance Update Requests):
[email protected]
A
ny written notice to City shall be sent to:

D
alia Fadl
Public Works Department
City of Rancho Cordova
2729 Prospect Park Drive
Rancho Cordova, CA 95670
SI

GNATURE PAGE FOLLOWING
ITEM 13.3.

ATTACHMENT 2

CO NTRACT NO. 2020-220-2
Second Amendment to Professional Services Agreement between Page 3 of 3 City of Rancho Cordova and Dokken Engineering for
Stormwater Support Services
I
N WITNESS WHEREOF, the Parties have executed this Amendment on the day and year first above written.

CI

TY OF RANCHO CORDOVA PROFESSIONAL
___
_________________________ ______________________________ Micah Runner, City Manager John Klemunes, President
D
ate:__________________ Date:__________________
A
ttest:
___
_________________________
Stacy Leitner, CMC, City Clerk
Date:__________________
Approved as to Form:
___
_________________________
Adam U. Lindgren, City Attorney
Date:__________________
ITEM 13.3.

ATTACHMENT 2

Professional and supporting staff services will be billed at the following hourly rates:

Juann Ramos, PE
Richard Liptak, PE
Pamela Dalcin-Walling, PE
Ashley Orsaba-Finders, PE
Scott Salembier
• Outside Reproduction • Room and Equipment Rentals
• Permit Fees / Public Notice Advertisements • Traffic Control • Postage for Public Advertisements • Utility Potholing • Record Search Fees / EDR Reports • Title Reports / Appraisals / Appraisal Reviews $115
$185
$225
BILLING RATES*
BILLING RATES*
$285
$325
$365
July 2024 - June 2025
$115
$145
$235
$125
$145
$165
$195
$225
$255
$285
$285
$365
$425
July 2024 - June 2025
Right of Way Agent
Right of Way Appraiser
Right of Way Assistant
Environmental Manager
Principal Planner
Senior Environmental Planner
Associate Environmental Planner
Environmental Planner
Environmental Technician
Principal in Charge
QA/QC Manager
Project Manager
Project Engineer
Environmental Lead

CLASSIFICATION
Principal in Charge
QA/QC Manager
Project Manager

KEY STAFF CLASSIFICATION

CITY OF RANCHO CORDOVA
Effective July 1, 2024

ON- CALL STORMWATER SUPPORT SERVICES
REIMBURSABLE EXPENESES: Ordinary supplies and equipment are included in the above hourly rates. The following are considered items of special charge and their cost will be billed at actual cost:

ESCALATION: Billing rates will be escalated by the CPI, not to exceed 3% on July 1st each year.

RIGHT OF WAY
Associate Engineer 1
Assistant Engineer 2
Assistant Engineer 1
Senior CAD
CAD/Detailer
Engineering Technician
Right of Way Manager
Senior Right of Way Agent
Senior Engineer 3
Senior Engineer 2
Senior Engineer 1
Associate Engineer 2
$175
$255

SERVICE CATEGORY

PROJECT MANAGEMENT

RATE SCHEDULE
DESIGN

ENVIRONMENTAL PLANNING

PUBLIC OUTREACH
Community Engagement Director
Technical Editor
Graphic Designer $105
$135
$175
$85
$105
$135
$175
$195
$255
$85
$115
ITEM 13.3.

ATTACHMENT 2

80 Blue Ravine Rd – Suite 250
Folsom, CA 95630
916-900-6623
www.unicoengineering.com
OVERHEAD %: 136.15% PROFIT %: 10% ESCALATION %: 3%

80.00 $ 90.00$ 207.81 $ 233.79 $ 214.05 $ 240.80 $ 220.47 $ 248.03 $ 227.08 $ 255.47 $

70.00 $ 80.00$ 181.84 $ 207.81 $ 187.29 $ 214.05 $ 192.91 $ 220.47 $ 198.70 $ 227.08 $

50.00 $ 80.00$ 129.88 $ 207.81 $ 133.78 $ 214.05 $ 137.79 $ 220.47 $ 141.93 $ 227.08 $

55.00 $ 65.00$ 142.87 $ 168.85 $ 147.16 $ 173.91 $ 151.57 $ 179.13 $ 156.12 $ 184.50 $

55.00 $ 80.00$ 142.87 $ 207.81 $ 147.16 $ 214.05 $ 151.57 $ 220.47 $ 156.12 $ 227.08 $

50.00 $ 70.00$ 129.88 $ 181.84 $ 133.78 $ 187.29 $ 137.79 $ 192.91 $ 141.93 $ 198.70 $

65.00 $ 80.00$ 168.85 $ 207.81 $ 173.91 $ 214.05 $ 179.13 $ 220.47 $ 184.50 $ 227.08 $

45.00 $ 65.00$ 116.89 $ 168.85 $ 120.40 $ 173.91 $ 124.01 $ 179.13 $ 127.73 $ 184.50 $

45.00 $ 55.00$ 116.89 $ 142.87 $ 120.40 $ 147.16 $ 124.01 $ 151.57 $ 127.73 $ 156.12 $

30.00 $ 45.00$ 77.93$ 116. 89 $ 80.27$ 120. 40 $ 82.68$ 124. 01 $ 85.16$ 127. 73 $

50.00 $ 65.00$ 129.88 $ 168.85 $ 133.78 $ 173.91 $ 137.79 $ 179.13 $ 141.93 $ 184.50 $

75.00 $ 85.00$ 194.82 $ 220.80 $ 200.67 $ 227.42 $ 206.69 $ 234.25 $ 212.89 $ 241.27 $

50.00 $ 60.00$ 129.88 $ 155.86 $ 133.78 $ 160.53 $ 137.79 $ 165.35 $ 141.93 $ 170.31 $

40.00 $ 50.00$ 103.91 $ 129.88 $ 107.02 $ 133.78 $ 110.23 $ 137.79 $ 113.54 $ 141.93 $

60.00 $ 75.00$ 155.86 $ 194.82 $ 160.53 $ 200.67 $ 165.35 $ 206.69 $ 170.31 $ 212.89 $

40.00 $ 55.00$ 103.91 $ 142.87 $ 107.02 $ 147.16 $ 110.23 $ 151.57 $ 113.54 $ 156.12 $ Chainman/Rodman (Prevailing Wage) 65.00 $ 75.00$ 168. 85 $ 194.82 $ 173.91 $ 200.67 $ 179.13 $ 206.69 $ 184.50 $ 212.89 $ Chainmain/Rodman (Non-Prevailing Wage) 25.00 $ 50.00$ 64. 94$ 129. 88 $ 66.89$ 133. 78 $ 68.90$ 137. 79 $ 70.96$ 141. 93 $ Office Engineering/Document Control 27.00 $ 40.00$ 70. 14$ 103. 91 $ 72.24$ 107. 02 $ 74.41$ 110. 23 $ 76.64$ 113. 54 $

50.00 $ 65.00$ 129.88 $ 168.85 $ 133.78 $ 173.91 $ 137.79 $ 179.13 $ 141.93 $ 184.50 $

42.00 $ 55.00$ 109.10 $ 142.87 $ 112.37 $ 147.16 $ 115.75 $ 151.57 $ 119.22 $ 156.12 $ SWPPP Inspector 45.00 $ 55.00$ 116. 89 $ 142.87 $ 120.40 $ 147.16 $ 124.01 $ 151.57 $ 127.73 $ 156.12 $

18.00 $ 34.00$ 46.76$ 88. 32$ 48. 16$ 90. 97$ 49. 61$ 93. 70$ 51. 09$ 96. 51$

18.00 $ 25.00$ 46.76$ 64. 94$ 48. 16$ 66. 89$ 49. 61$ 68. 90$ 51. 09$ 70. 96$ • R eimbursement for per diem and mileage expenses shall be per the current federal reimbursement rate. • C ost of normal survey stakes and other field supplies are included in the above rates. Special monuments, iron stakes, etc. will be charged at cost. • O utside reproductions, services, and consultants will be charged at cost. • P er prevailing wage, a shift differential of 12.5% applies for any covered work shift beginning after 2PM. • Y early prevailing wage anticipates a 3% escalation, however increases in DIR rate determinations will be charged accordingly. • Y early Hourly Rate effective January 1 to December 31.

RATE SCHEDULE
Project Manager
Public Outreach Manager
Engineering Manager

HOURLY RATE RANGE
2025
Principal in Charge
UNICO Engineering, Inc.
2021-2025
Associate Engineer
Program Manager

HOURLY RATE RANGE
2023/2024
Resident Engineer
Assistant Resident Engineer

DIRECT LABOR

HOURLY RATE RANGE

HOURLY RATE RANGE
2021

HOURLY RATE RANGE
2022
Program Manager

CLASSIFICATION
Senior Engineer
Staff Engineer
Survey Manager
Senior Land Surveyor
Draftsman/Survey Technician
Clerical
Qualified Stormwater Practitioner (QSP)
Qualified Stormwater Developer (QSD)
Party Chief (Non-Prevailing Wage)
Party Chief (Prevailing Wage)
Staff Land Surveyor
ITEM 13.3.

ATTACHMENT 2

MEMORANDUM

City Council Staff Report - Page 1 of 1

ITEM 13.4.

DATE: September 3, 2024

TO: Honorable Mayor and Council Members

FROM: Stacy Leitner, City Clerk

SUBJECT: A RESOLUTION DESIGNATING A VOTING DELEGATE AND ALTERNATE FOR THE 2024 LEAGUE OF CALIFORNIA CITIES
ANNUAL CONFERENCE HELD OCTOBER 16-18, 2024, IN LONG

BEACH, CALIFORNIA

RECOMMENDATION

Adopt the Resolution.

RESULT OF RECOMMENDED ACTION

Adoption of the Resolution would designate Mayor David Sander as Voting Delegate and Council Member Donald Terry as the Alternate Voting Delegate for the 2024 League of California Cities Annual Conference Business Meeting.

BACKGROUND

The 2024 Annual League of California Cities Conference is scheduled for October 16-18, 2024, in Long Beach, California. An important part of the Annual Conference is the General Assembly Business Meeting. At this meeting, the League membership considers and takes action on Resolutions that establish League policy. In order to vote at this meeting, the City Council must designate a voting delegate.

FISCAL IMPACT AND FUNDING SOURCE

There is no fiscal impact.

ATTACHMENT(S)

1. Resolution

ITEM 13.4. ATTACHMENT 1 Resolution No. XX-2024 Page 1 of 1

CITY OF RANCHO CORDOVA

RESOLUTION NO. XX-2024

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CORDOVA, STATE

OF CALIFORNIA, DESIGNATING A VOTING DELEGATE AND VOTING ALTERNATES FOR THE 2024 LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE AND

GENERAL ASSEMBLY BUSINESS MEETING

WHEREAS, the 2024 Annual League of California Cities Conference will be held October 16-18, 2024, in Long Beach, California; and
WHEREAS, in order to vote at the Annual General Assembly Business Meeting, the City Council must designate its Voting Delegate and Voting Delegate Alternates.

NOW, THEREFORE, BE IT HEREBY RESOLVED THE CITY COUNCIL OF THE CITY OF RANCHO CORDOVA that Mayor David Sander is designated as the City’s Voting Delegate and Council Member Donald Terry as the Alternate Voting Delegate for the 2024 Annual League of California Cities Conference and General Assembly Business Meeting.

BE IT FURTHER RESOLVED that the City Clerk will submit a certified copy of this resolution to the Cal Cities office by September 25, 2024.

PASSED AND ADOPTED by the City Council of the City of Rancho Cordova on the 3rd day of September, 2024 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST:

David Sander, Mayor

Stacy Leitner, CMC
City Clerk

MEMORANDUM

City Council Staff Report - Page 1 of 2

ITEM 13.5.

DATE: September 3, 2024

TO: Honorable Mayor and Council Members

FROM: Albert Stricker, Public Works Director
Drew Hart, Senior Transportation Planner

SUBJECT: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACT NO. 2024-115 WITH 50 CORRIDOR TRANSPORTATION

MANAGEMENT ASSOCIATION IN AN AMOUNT NOT TO EXCEED
$173,000 FOR TRANSPORTATION DEMAND MANAGEMENT

SERVICES FOR ENCOURAGEMENT AND EDUCATION OF

SUSTAINABLE TRANSPORTATION WITHIN THE CITY

RECOMMENDATION

Adopt the Resolution.

RESULT OF RECOMMENDED ACTION

Adoption of the Resolution would authorize the City Manager to execute a contract with 50 Corridor Transportation Management Association in an amount not to exceed $173,000 for transportation demand management services.

BACKGROUND

The City of Rancho Cordova has created a partnership with the 50 Corridor Transportation Management Association (50 Corridor TMA) to provide programs and innovative solutions that encourage the use of sustainable modes of transportation such as active modes, carpooling, and transit. 50 Corridor TMA provides services for communities in Rancho Cordova, Folsom, and unincorporated Sacramento County, along with private employers along the U.S. 50 corridor.

The funding for this agreement comes from a levy within Transit Zones 1, 2, and 3. These funds are returned to source, therefore the services outlined in the attached agreement, Attachment 2, are limited to these zones. Transit Zones were established as early as 2003 by the County as Sacramento County Services Areas. After incorporation, the City assumed the service responsibility and funding for the existing Transit Zones. Future developments will be added to Transit Zones to likewise offer transportation services. The purpose of the Transit Zones is to provide an ongoing financial mechanism to fund a broad range of transportation services intended to benefit property within the zones by reducing congestion and pollution. Funding these activities maintains compliance with Federal and State Clean Air Acts and California Environmental Quality Act requirements. The services include, but are not limited to, the following: transit shuttles, guaranteed ride home program, transit subsidies, transportation

City Council Staff Report - Page 2 of 2

planning for employers and/or residents, education programs, infrastructure support like bike racks and bus stops, and bicycle and alternative fuel incentives. The City contracts with Sacramento Regional Transit for the Rancho CordoVan shuttle service, and the 50 Corridor TMA for the majority of the other services listed previously.

The scope of services, Attachment 3, contained in the agreement includes:

Task 1 - Sustainable Trips. Rideshare matching, discount transit fares, encouragement and incentives, and guaranteed ride home services have proved to reduce private vehicle trips. This task will allocate resources to provide and market these proven strategies.

Task 2 - Active Transportation Events. Bicycle repair tune ups, family-friendly bike rides, and safety workshops have been well received in the communities. This task will continue these traditions along with additional events supporting May is Bike Month.

Task 3 - Smart Routes to School. This task takes the education and encouragement into the elementary schools of McGarvey Elementary School and Sunrise Elementary School, which are located in the identified zones to ensure a safe community.

Task 4 - Project Management. Work associated with this task would include staff time to complete invoices and reports to City staff and/or City Council.

FISCAL IMPACT AND FUNDING SOURCE

The contract is not to exceed $173,000 funded by the annual levy and collection of charges for the Rancho Cordova transit-related services benefit districts, Transit Zones 1, 2, and 3. There is no impact on the City's General Fund.

ATTACHMENT(S)

1. Resolution

2. 50 TMA Contract No. 2024-115

3. Scope of Services and Cost Summary

ITEM 13.5. ATTACHMENT 1 Resolution No. XX-2024 Page 1 of 1

CITY OF RANCHO CORDOVA

RESOLUTION NO. XX-2024

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CORDOVA, STATE OF CALIFORNIA, AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACT NO. 2024-115 WITH 50 CORRIDOR TRANSPORTATION MANAGEMENT ASSOCIATION FOR TRANSPORTATION DEMAND MANAGEMENT SERVICES FOR FISCAL YEAR 2024-25

WHEREAS, the City of Rancho Cordova desires to enter into Contract No. 2024-115 with 50 Corridor Transportation Management Association in an amount not to exceed $173,000 for transportation demand management services that encourage and promote sustainable transportation within the City for Fiscal Year 2024-25; and WHEREAS, the services provided will encourage walking and bicycling to school to build healthy habits and reduce traffic congestion; and
WHEREAS, the services will encourage carpooling, taking transit, and bicycling to work through education and incentive programs; and
WHEREAS, the services will promote a positive image of the City and encourage thoughtful, sustainable travel behaviors; and
WHEREAS, the services will exceed the maximum amount the City Manager has authorization to approve; and
WHEREAS, there are sufficient funds budgeted to cover the costs of the contract.

NOW, THEREFORE, BE IT HEREBY RESOLVED THE CITY COUNCIL OF THE CITY OF RANCHO CORDOVA does authorize the City Manager to execute Contract No. 2024-115 with 50 Corridor Transportation Management Association, in an amount not to exceed $173,000 in a form approved by the City Attorney to provide transportation demand management services.

PASSED AND ADOPTED by the City Council of the City of Rancho Cordova on the 3rd day of September, 2024 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST:

David Sander, Mayor

Stacy Leitner, CMC
City Clerk

ITEM 13.5. ATTACHMENT 2 CONTRACT NO.: 2024-115

Page | 1

PROFESSIONAL SERVICES AGREEMENT BETWEEN

THE CITY OF RANCHO CORDOVA AND
50 CORRIDOR TRANSPORTATION MANAGEMENT ASSOCIATION

THIS AGREEMENT for professional services is made by and between the City of Rancho Cordova, a California municipal corporation (“City”), and 50 Corridor Transportation Management Association (“Professional”) as of July 1, 2024.

Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Professional shall provide to City the services described in the Scope of Work attached as Exhibit A at the time and place and in the manner specified therein. In the event of a conflict or inconsistency between the terms of this Agreement and Exhibit A, the Agreement shall prevail.

1.1 Term of Services. The term of this Agreement shall begin on the date first noted above and shall end on June 30th, 2025, the date of completion specified in Exhibit A.

Professional shall complete the work described in Exhibit A prior to that date, unless the term of the Agreement is otherwise terminated or extended, as provided for in Section 8.

The time provided to Professional to complete the services required by this Agreement shall not affect the City’s right to terminate the Agreement, as provided for in Section 8.

1.2 Standard of Performance. Professional shall perform all services required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Professional is engaged in the geographical area in which Professional practices its profession. Professional shall prepare all work products required by this Agreement in a substantial, first-class manner and shall conform to the standards of quality normally observed by a person practicing in Professional's profession.

1.3 Assignment of Personnel. Professional shall assign only competent personnel to perform services pursuant to this Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the reassignment of any such persons, Professional shall, immediately upon receiving notice from City of such desire of City, reassign such person or persons.

1.4 Time. Professional shall devote such time to the performance of services pursuant to this Agreement as may be reasonably necessary to meet the standard of performance provided in Section 1.2 above and to satisfy Professional’s obligations hereunder.

Section 2. COMPENSATION. City hereby agrees to pay Professional a sum not to exceed ONE HUNDRED AND SEVENTY THREE THOUSAND DOLLARS ($173,000.00) notwithstanding any contrary indications that may be contained in Professional’s proposal, for services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and Professional’s proposal, attached as Exhibit B, regarding the amount of compensation, the Agreement shall prevail. City shall pay Professional for services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from City to Professional for services rendered pursuant to this Agreement. Professional shall submit all invoices to City in the manner

ITEM 13.5. ATTACHMENT 2 CONTRACT NO.: 2024-115

Page | 2

specified herein. Except as specifically authorized by City, Professional shall not bill City for duplicate services performed by more than one person.

Professional and City acknowledge and agree that compensation paid by City to Professional under this Agreement is based upon Professional’s estimated costs of providing the services required hereunder, including salaries and benefits of employees and subcontractors of Professional. Consequently, the parties further agree that compensation hereunder is intended to include the costs of contributions to any pensions and/or annuities to which Professional and its employees, agents, and subcontractors may be eligible. City therefore has no responsibility for such contributions beyond compensation required under this Agreement.

2.1 Invoices. Professional shall submit invoices, not more often than once a month during the term of this Agreement, based on the cost for services performed and reimbursable costs incurred prior to the invoice date. Invoices shall contain the following information:

▪ Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice, etc.;
▪ The beginning and ending dates of the billing period; ▪ A Task Summary containing the original contract amount, the amount of prior billings, the total due this period, the balance available under the Agreement, and the percentage of completion;
▪ At City’s option, for each work item in each task, a copy of the applicable time entries or time sheets shall be submitted showing the name of the person doing the work, the hours spent by each person, a brief description of the work, and each reimbursable expense;
▪ The total number of hours of work performed under the Agreement by Professional and each employee, agent, and subcontractor of Professional performing services hereunder, as well as a separate notice when the total number of hours of work by Professional and any individual employee, agent, or subcontractor of Professional reaches or exceeds 800 hours, which shall include an estimate of the time necessary to complete the work described in Exhibit A;
▪ The Professional’s signature.

2.2 Monthly Payment. City shall make monthly payments, based on invoices received, for services satisfactorily performed, and for authorized reimbursable costs incurred. City shall have thirty (30) days from the receipt of an invoice that complies with all of the requirements above to pay Professional.

2.3 Final Payment. City shall make the final payment within sixty (60) days after completion of the services and submittal to City of a final invoice, if all services required have been satisfactorily performed.

2.4 Total Payment. City shall pay for the services to be rendered by Professional pursuant to this Agreement. City shall not pay any additional sum for any expense or cost whatsoever incurred by Professional in rendering services pursuant to this Agreement. City shall make no payment for any extra, further, or additional service pursuant to this Agreement.

ITEM 13.5. ATTACHMENT 2 CONTRACT NO.: 2024-115

Page | 3

In no event shall Professional submit any invoice for an amount in excess of the maximum amount of compensation provided above either for a task or for the entire Agreement, unless the Agreement is modified prior to the submission of such an invoice by a properly executed change order or amendment.

2.5 Hourly Fees. Fees for work performed by Professional on an hourly basis shall not exceed the amounts shown on the fee schedule set forth in Exhibit B.

2.6 Reimbursable Expenses. Reimbursable expenses, if any, are set forth in Exhibit B.

Expenses not listed in Exhibit B are not chargeable to City. Reimbursable expenses are included in the total amount of compensation provided under this Agreement that shall not be exceeded.

2.7 Payment of Taxes. Professional is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes.

2.8 Payment upon Termination. In the event that the City or Professional terminates this Agreement pursuant to Section 8, the City shall compensate the Professional for all outstanding costs and reimbursable expenses incurred for work satisfactorily completed as of the date of written notice of termination. Professional shall maintain adequate logs and timesheets in order to verify costs incurred to that date.

2.9 Authorization to Perform Services. The Professional is not authorized to perform any services or incur any costs whatsoever under the terms of this Agreement until receipt of authorization from the Contract Administrator.

Section 3. FACILITIES AND EQUIPMENT. Except as set forth herein, Professional shall, at its sole cost and expense, provide all facilities and equipment that may be necessary to perform the services required by this Agreement. City shall make available to Professional only the facilities and equipment listed in this section, and only under the terms and conditions set forth herein.

City shall furnish physical facilities such as desks, filing cabinets, and conference space, as may be reasonably necessary for Professional’s use while consulting with City employees and reviewing records and the information in possession of the City. The location, quantity, and time of furnishing those facilities shall be in the sole discretion of City. In no event shall City be obligated to furnish any facility that may involve incurring any direct expense, including but not limited to computer, long-distance telephone or other communication charges, vehicles, and reproduction facilities.

ITEM 13.5. ATTACHMENT 2 CONTRACT NO.: 2024-115

Page | 4

Section 4. INSURANCE REQUIREMENTS. Before beginning any work under this Agreement, Professional, at its own cost and expense, shall procure "occurrence coverage" insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by the Professional and its agents, representatives, employees, and subcontractors.

Professional shall provide proof satisfactory to City of such insurance that meets the requirements of this section and under forms of insurance satisfactory in all respects to the City. Professional shall maintain the insurance policies required by this section throughout the term of this Agreement. The cost of such insurance shall be included in the Professional's bid. Professional shall not allow any subcontractor to commence work on any subcontract until Professional has obtained all insurance required herein for the subcontractor(s) and provided evidence thereof to City. Verification of the required insurance shall be submitted and made part of this Agreement prior to execution. Professional shall maintain all required insurance listed herein for the duration of this Agreement.

4.1 Workers’ Compensation. Professional shall, at its sole cost and expense, maintain Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance for any and all persons employed directly or indirectly by Professional. The Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance shall be provided with limits of not less than ONE MILLION DOLLARS ($1,000,000.00) per accident. In the alternative, Professional may rely on a self-insurance program to meet those requirements, but only if the program of self-insurance complies fully with the provisions of the California Labor Code. Determination of whether a self-insurance program meets the standards of the Labor Code shall be solely in the discretion of the Contract Administrator. The insurer, if insurance is provided, or the Professional, if a program of self-insurance is provided, shall waive all rights of subrogation against the City and its officers, officials, employees, and volunteers for loss arising from work performed under this Agreement.

An endorsement shall state that coverage shall not be canceled except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. Professional shall notify City within fourteen (14) days of notification from Professional’s insurer if such coverage is suspended, voided or reduced in coverage or in limits.

The requirement to maintain Statutory Worker’s Compensation and Employer’s Liability Insurance may be waived by the City upon written verification that Professional does not have any employees.

4.2 Commercial General and Automobile Liability Insurance.

4.2.1 General requirements. Professional, at its own cost and expense, shall maintain commercial general liability insurance for the term of this Agreement in an amount not less than TWO MILLION DOLLARS ($2,000,000.00) and automobile liability insurance for the term of this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000.00). The commercial general liability and automobile liability insurance shall be per occurrence, combined single limit coverage for risks associated with the work contemplated by this Agreement. If a commercial general

ITEM 13.5. ATTACHMENT 2 CONTRACT NO.: 2024-115

Page | 5

liability insurance or an automobile liability form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from activities contemplated under this Agreement, including the use of owned and non- owned automobiles.

4.2.2 Minimum scope of coverage. Commercial general liability coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 (most recent edition) covering comprehensive General Liability on an “occurrence” basis. Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001 (most recent edition), Code 1 (any auto). No endorsement shall be attached limiting the coverage.

4.2.3 Additional requirements. Each of the following shall be included in the insurance coverage or added as an endorsement to the policy:

a. City and its officers, employees, agents, and volunteers shall be covered as additional insureds with respect to each of the following: liability arising out of activities performed by or on behalf of Professional, including the insured’s general supervision of Professional; products and completed operations of Professional; premises owned, occupied, or used by Professional; and automobiles owned, leased, or used by the Professional. The coverage shall contain no special limitations on the scope of protection afforded to City or its officers, employees, agents, or volunteers.

b. The insurance shall cover on an occurrence or an accident basis, and not on a claims-made basis.

c. An endorsement must state that coverage is primary insurance with respect to the City and its officers, officials, employees and volunteers, and that no insurance or self-insurance maintained by the City shall be called upon to contribute to a loss under the coverage.

d. Any failure of Professional to comply with reporting provisions of the policy shall not affect coverage provided to City and its officers, employees, agents, and volunteers.

e. An endorsement shall state that coverage shall not be canceled except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. Professional shall notify City within

ITEM 13.5. ATTACHMENT 2 CONTRACT NO.: 2024-115

Page | 6

fourteen (14) days of notification from Professional’s insurer if such coverage is suspended, voided or reduced in coverage or in limits.

4.3 Professional Liability Insurance. Professional, at its own cost and expense, shall maintain for the period covered by this Agreement professional liability insurance for licensed professionals performing work pursuant to this Agreement in an amount not less than TWO MILLION DOLLARS ($2,000,000) covering the licensed professionals’ errors and omissions.

4.3.1 Any deductible or self-insured retention shall not exceed $150,000 per claim.

4.3.2 An endorsement shall state that coverage shall not be suspended, voided, canceled by either party, or reduced in coverage or in limits, except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City.

4.3.3 The following provisions shall apply if the professional liability coverages are written on a claims-made form:

a. The retroactive date of the policy must be shown and must be before the date of the Agreement.

b. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the Agreement or the work, so long as commercially available at reasonable rates.

c. If coverage is canceled or not renewed and it is not replaced with another claims-made policy form with a retroactive date that precedes the date of this Agreement, Professional must provide extended reporting coverage for a minimum of five (5) years after completion of the Agreement or the work. The City shall have the right to exercise, at the Professional’s sole cost and expense, any extended reporting provisions of the policy, if the Professional cancels or does not renew the coverage.

d. A copy of the claim reporting requirements must be submitted to the City prior to the commencement of any work under this Agreement.

4.4 All Policies Requirements.

4.4.1 Acceptability of insurers. All insurance required by this section is to be placed with insurers with a Bests' rating of no less than A:VII.

4.4.2 Verification of coverage. Prior to beginning any work under this Agreement, Professional shall furnish City with certificates of insurance and with original endorsements effecting coverage required herein. The certificates and endorsements for each insurance policy are to be signed by a person authorized

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by that insurer to bind coverage on its behalf. The City reserves the right to require complete, certified copies of all required insurance policies, at any time.

4.4.3 Subcontractors. Professional shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.

4.4.4 Deductibles and Self-Insured Retentions. Professional shall disclose to and obtain the approval of City for the self-insured retentions and deductibles before beginning any of the services or work called for by any term of this Agreement.

During the period covered by this Agreement, only upon the prior express written authorization of Contract Administrator, Professional may increase such deductibles or self-insured retentions with respect to City, its officers, employees, agents, and volunteers. The Contract Administrator may condition approval of an increase in deductible or self-insured retention levels with a requirement that Professional procure a bond, guaranteeing payment of losses and related investigations, claim administration, and defense expenses that is satisfactory in all respects to each of them.

4.4.5 Waiver of Subrogation. Professional hereby agrees to waive subrogation which any insurer or contractor may require from vendor by virtue of the payment of any loss. Consultant agrees to obtain any endorsements that may be necessary to effect this waiver of subrogation. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the entity for all work performed by the Professional, its employees, agents, and subcontractors.

4.4.6 Notice of Reduction in Coverage. In the event that any coverage required by this section is reduced, limited, or materially affected in any other manner, Professional shall provide written notice to City at Professional’s earliest possible opportunity and in no case later than five (5) days after Professional is notified of the change in coverage.

4.5 Remedies. In addition to any other remedies City may have if Professional fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option exercise any of the following remedies, which are alternatives to other remedies City may have and are not the exclusive remedy for Professional’s breach:

▪ Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement;

▪ Order Professional to stop work under this Agreement or withhold any payment that becomes due to Professional hereunder, or both stop work and withhold any payment, until Professional demonstrates compliance with the requirements hereof; and/or

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▪ Terminate this Agreement.

Section 5. INDEMNIFICATION AND PROFESSIONAL’S RESPONSIBILITIES.

5.1 General Requirement. Professional shall indemnify, defend with counsel selected by the City, and hold harmless the City and its officials, officers, employees, agents, and volunteers from and against any and all losses, liability, claims, suits, actions, damages, and causes of action arising out of any personal injury, bodily injury, loss of life, or damage to property, or any violation of any federal, state, or municipal law or ordinance, to the extent caused, in whole or in part, by the willful misconduct or negligent acts or omissions of Professional or its employees, subcontractors, or agents, by acts for which they could be held strictly liable, or by the quality or character of their work. The foregoing obligation of Professional shall not apply when (1) the injury, loss of life, damage to property, or violation of law arises wholly from the negligence or willful misconduct of the City or its officers, employees, agents, or volunteers and (2) the actions of Professional or its employees, subcontractor, or agents have contributed in no part to the injury, loss of life, damage to property, or violation of law. It is understood that the duty of Professional to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. Acceptance by City of insurance certificates and endorsements required under this Agreement does not relieve Professional from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply to any damages or claims for damages whether or not such insurance policies shall have been determined to apply. By execution of this Agreement, Professional acknowledges and agrees to the provisions of this Section and that it is a material element of consideration.

5.2 PERS Indemnification. In the event that Professional or any employee, agent, or subcontractor of Professional providing services under this Agreement is determined by a court of competent jurisdiction or the California Public Employees Retirement System (“PERS”) to be eligible for enrollment in PERS as an employee of City, Professional shall indemnify, defend, and hold harmless City for the payment of any and all employee and/or employer contributions for PERS benefits on behalf of Professional or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City, and any attorneys’ fees and costs incurred by the City to enforce this Section.

5.3 Design Professionals. To the extent that the services under this Agreement include design professional services subject to California Civil Code Section 2782.8, as may be amended from time to time, Professional’s duty to indemnify under Sections 5.1 and 5.2 shall only be to the maximum extent permitted by California Civil Code Section 2782.8.

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Section 6. STATUS OF PROFESSIONAL.

6.1 Independent Contractor. At all times during the term of this Agreement, Professional shall be an independent contractor as defined in Labor Code Section 3353, and shall not be an employee of City. Nothing contained in this Agreement shall be construed to be inconsistent with the foregoing relationship or status. City shall have the right to control Professional only insofar as the results of Professional's services rendered pursuant to this Agreement and assignment of personnel pursuant to Subparagraph 1.3; however, otherwise City shall not have the right to control the means and methods by which Professional accomplishes services rendered pursuant to this Agreement. Professional shall have no power or authority by this Agreement to bind the City in any respect. All employees and agents hired or retained by Professional are employees and agents of Professional and not of the City. The City shall not be obligated in any way to pay any wage claims or other claims made against Professional by any such employees or agents, or any other person resulting from performance of this Agreement.

Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Professional and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any and all claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits. Professional shall not allow any employee, agent or subcontractor to become eligible for a claim for PERS benefits.

6.2 Professional Not an Agent. Except as City may specify in writing, Professional shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Professional shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever.

Section 7. LEGAL REQUIREMENTS.

7.1 Governing Law. The laws of the State of California shall govern this Agreement.

7.2 Compliance with Applicable Laws. Professional and any subcontractors shall comply with all laws and regulations applicable to the performance of the work hereunder, including but not limited to, the California Building Code, the Americans with Disabilities Act, and any copyright, patent or trademark law. Professional’s failure to comply with any law(s) or regulation(s) applicable to the performance of the work hereunder shall constitute a breach of contract.

7.3 Other Governmental Regulations. To the extent that this Agreement may be funded by fiscal assistance from another governmental entity, Professional and any subcontractors shall comply with all applicable rules and regulations to which City is bound by the terms of such fiscal assistance program.

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7.4 Licenses and Permits. Professional represents and warrants to City that Professional and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to practice their respective professions. Professional represents and warrants to City that Professional and its employees, agents, any subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions. In addition to the foregoing, Professional and any subcontractors shall obtain and maintain valid Business Licenses from City during the term of this Agreement.

7.5 Nondiscrimination and Equal Opportunity. Professional shall not discriminate, on the basis of a person’s race, religion, color, national origin, age, physical or mental handicap or disability, medical condition, marital status, sex, or sexual orientation, against any employee, applicant for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by Professional under this Agreement. Professional shall comply with all applicable federal, state, and local laws, policies, rules, and requirements related to equal opportunity and nondiscrimination in employment, contracting, and the provision of any services that are the subject of this Agreement, including but not limited to the satisfaction of any positive obligations required of Professional thereby.

Professional shall include the provisions of this Subsection in any subcontract approved by the Contract Administrator or this Agreement.

Section 8. TERMINATION AND MODIFICATION.

8.1 Termination. City may cancel this Agreement at any time and without cause upon written notification to Professional.

Professional may cancel this Agreement upon 30 days’ written notice to City and shall include in such notice the reasons for cancellation.

In the event of termination, Professional shall be entitled to compensation for services performed to the effective date of termination; City, however, may condition payment of such compensation upon Professional delivering to City any or all documents, photographs, computer software, video and audio tapes, and other materials provided to Professional or prepared by or for Professional or the City in connection with this Agreement.

8.2 Extension. City may, in its sole and exclusive discretion, extend the end date of this Agreement beyond that provided for in Subsection 1.1. Any such extension shall require a written amendment to this Agreement, as provided for herein. Professional understands and agrees that, if City grants such an extension, City shall have no obligation to provide Professional with compensation beyond the maximum amount provided for in this Agreement. Similarly, unless authorized by the Contract Administrator, City shall have no

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obligation to reimburse Professional for any otherwise reimbursable expenses incurred during the extension period.

8.3 Amendments. The Parties may amend this Agreement only by a writing signed by all the Parties.

8.4 Assignment and Subcontracting. City and Professional recognize and agree that this Agreement contemplates personal performance by Professional and is based upon a determination of Professional’s unique personal competence, experience, and specialized personal knowledge. Moreover, a substantial inducement to City for entering into this Agreement was and is the professional reputation and competence of Professional.

Professional may not assign this Agreement or any interest therein without the prior written approval of the Contract Administrator. Professional shall not subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors noted in the proposal, without prior written approval of the Contract Administrator.

8.5 Survival. All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating liability between City and Professional shall survive the termination of this Agreement.

8.6 Options upon Breach by Professional. If Professional materially breaches any of the terms of this Agreement, City’s remedies shall include, but not be limited to, the following:

8.6.1 Immediately terminate the Agreement;

8.6.2 Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Professional pursuant to this Agreement;

8.6.3 Retain a different Professional to complete the work described in Exhibit A not finished by Professional; or

8.6.4 Charge Professional the difference between the cost to complete the work described in Exhibit A that is unfinished at the time of breach and the amount that City would have paid Professional pursuant to Section 2 if Professional had completed the work.

Section 9. KEEPING AND STATUS OF RECORDS.

9.1 Records Created as Part of Professional’s Performance. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that Professional prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the City. Professional hereby agrees to deliver those documents to the City upon termination of the Agreement. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for the City and are

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not necessarily suitable for any future or other use. City and Professional agree that, until final approval by City, all data, plans, specifications, reports and other documents are confidential and will not be released to third parties without prior written consent of both parties.

9.2 Professional’s Books and Records. Professional shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services or expenditures and disbursements charged to the City under this Agreement for a minimum of three (3) years, or for any longer period required by law, from the date of final payment to the Professional pursuant to this Agreement.

9.3 Inspection and Audit of Records. Any records or documents that Section 9.2 of this Agreement requires Professional to maintain shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of the City. Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds TEN THOUSAND DOLLARS ($10,000.00), the Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of the City, for a period of three (3) years after final payment under the Agreement.

Section 10 MISCELLANEOUS PROVISIONS.

10.1 Attorneys’ Fees. If a Party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing Party shall be entitled to reasonable attorneys’ fees in addition to any other relief to which that Party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose.

10.2 Venue. In the event that either Party brings any action against the other under this Agreement, the Parties agree that trial of such action shall be vested exclusively in the state courts of California in the County of Sacramento or in the United States District Court for the Eastern District of California.

10.3 Severability. If a court of competent jurisdiction finds or rules that any provision of this Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so adjudged shall remain in full force and effect. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement.

10.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this Agreement does not constitute a waiver of any other breach of that term or any other term of this Agreement.

10.5 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the Parties.

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10.6 Use of Recycled Products. Professional shall prepare and submit all reports, written studies and other printed material on recycled paper to the extent it is available at equal or less cost than virgin paper.

10.7 Conflict of Interest. Professional may serve other clients, but none whose activities within the corporate limits of City or whose business, regardless of location, would place Professional in a “conflict of interest,” as that term is defined in the Political Reform Act, codified at California Government Code Section 81000 et seq.

Professional shall not employ any City official in the work performed pursuant to this Agreement. No officer or employee of City shall have any financial interest in this Agreement that would violate California Government Code Sections 1090 et seq.

Professional hereby warrants that it is not now, nor has it been in the previous twelve (12) months, an employee, agent, appointee, or official of the City. If Professional was an employee, agent, appointee, or official of the City in the previous twelve months, Professional warrants that it did not participate in any manner in the forming of this Agreement. Professional understands that, if this Agreement is made in violation of Government Code §1090 et.seq., the entire Agreement is void and Professional will not be entitled to any compensation for services performed pursuant to this Agreement, including reimbursement of expenses, and Professional will be required to reimburse the City for any sums paid to the Professional. Professional understands that, in addition to the foregoing, it may be subject to criminal prosecution for a violation of Government Code § 1090 and, if applicable, will be disqualified from holding public office in the State of California.

10.8 Solicitation. Professional agrees not to solicit business at any meeting, focus group, or interview related to this Agreement, either orally or through any written materials.

10.9 Contract Administration. This Agreement shall be administered by Drew Hart ("Contract Administrator"). All correspondence shall be directed to or through the Contract Administrator or his or her designee.

10.10 Notices. Any written notice to Professional shall be sent to:

Cheryl Croshere, Executive Director
50 Corridor TMA
Mail Only: 11230 Gold Express Drive 310-263 Gold river, CA 95670

Email Address (for Insurance Update Requests) [email protected]

Any written notice to City shall be sent to:

Drew Hart
Senior Transportation Planner, Public Works Department
City of Rancho Cordova

ITEM 13.5. ATTACHMENT 2 CONTRACT NO.: 2024-115

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2729 Prospect Park Drive
Rancho Cordova, CA 95670
916.851.8710 or [email protected]

10.11 Professional Seal. Where applicable in the determination of the Contract Administrator or when required by law, the first page of a technical report, first page of design specifications, and each page of construction drawings shall be stamped/sealed and signed by the licensed professional responsible for the report/design preparation. The stamp/seal shall be in a block entitled "Seal and Signature of Registered Professional with report/design responsibility," as in the following example.

_________________________________________
Seal and Signature of Registered Professional with
report/design responsibility.

10.12 Integration. This Agreement, including the scope of work attached hereto and incorporated herein as Exhibit A, and the compensation schedule attached hereto and incorporated herein as Exhibit B, represents the entire and integrated agreement between City and Professional and supersedes all prior negotiations, representations, or agreements, either written or oral.

10.13 IRS Form W-9. Professional shall complete and submit Internal Revenue Service Form W-9 to the City before execution of this Agreement. The City’s Finance Director shall have authority to waive this requirement.

SIGNATURE PAGE FOLLOWING

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WITNESS WHEREOF, the Parties have executed this Agreement as of the day and year first set forth above, which date shall be considered by the Parties to be the effective date of this Agreement.

CITY OF RANCHO CORDOVA PROFESSIONAL

______________________________ ______________________________ Micah Runner, City Manager Cheryl Croshere, Executive Director

Date: ____________________ Date: ____________________

Attest:

______________________________
Stacy Leitner, CMC, City Clerk

Date: ____________________

Approved as to Form:

______________________________
Adam U. Lindgren, City Attorney

Date: ____________________

ITEM 13.5. ATTACHMENT 2 CONTRACT NO.: 2024-115

Professional Services Agreement between
City of Rancho Cordova and 50 Corridor TMA

EXHIBIT A

SCOPE OF SERVICES

.

ITEM 13.5. ATTACHMENT 2 CONTRACT NO.: 2024-115

Professional Services Agreement between
City of Rancho Cordova and 50 Corridor TMA

EXHIBIT B

COMPENSATION SCHEDULE

Exhibit A - Scope of Services
Background
The purpose of this memo is to outline the Transportation Demand Management (TDM) services that the 50 Corridor Transportation Management Association (TMA) proposes to provide to the City of Rancho Cordova in Transit Zones 1, 2, and 3. This memo is organized into three sections:

1. Background

2. Scope of Services

3. Cost Estimate
Rancho Cordova Transit Zones
Transit Zone 1
The boundaries of Transit Zone 1 and the former County Service Area 10 Benefit Zone 1 are congruent.

Transit Zone 1 covers the Zinfandel Special Planning Area, which is generally located south of International Boulevard, north of Mather Boulevard, east of Femoyer Street, and West of the Folsom South Canal.

Transportation service fees are levied annually from property owners within the Transit Zone, and this funding is earmarked for transit shuttle and other transportation demand management services described in the CSA Formation Report and in conditions of development included in County Ordinance No SCZ 2000-018 and related planning documents, including a Transportation System Management Plan and AQ-15 Plan.

Transit Zone 2
The boundaries of Transit Zone 2 and the former County Service Agreement 10 Benefit Zone 2 are congruent. Transit Zone 2 covers the Sunrise Douglas Community Plan and SunRidge Specific Plan Areas, which are generally located south of Douglas Boulevard (plus a small triangular section adjoining to the north), north of Kiefer Boulevard, east of Sunrise Boulevard, and west of Grant Line Road. Transportation service fees are levied annually from property owners within the Transit Zone, and this funding is earmarked for transit shuttle and other transportation demand management services described in the CSA Formation Report and in conditions of development included in County Ordinance SCZ 2002-014 and related planning documents, including a Transportation System Management Plan and AQ-15 Plan.

In particular, Transit Zone 2 has a targeted goal of 30% reduction in daily vehicle trips.

ITEM 13.5.

ATTACHMENT 3

Transit Zone 3
Transit Zone 3 covers the Capital Village Area, which is generally located south of Disk Drive, north of International Drive, east of Zinfandel Drive, and west of Prospect Park Drive. Transportation service fees are levied annually from property owners within the Transit Zone, and this funding is earmarked for transit shuttle and other transportation demand management services. 50 TMA History
The 50 Corridor TMA was founded in 1994 as the Folsom-Rancho Cordova-El Dorado Transportation Management Association. In its 29-year history, it has served as a public private partnership delivering programs and innovative solutions that empower people to choose modes of transportation that enhance economic, environmental and public health. This includes serving as the exclusive TMA to six different residential communities:

1. Capital Village (City of Rancho Cordova)

2. Folsom Plan Area (City of Folsom)

3. North Vineyard Station Specific Plan Area (Unincorporated Sacramento County)

4. Rosemont (Pilot) Community (Unincorporated Sacramento County)

5. Sunrise Douglas Community Plan/SunRidge Specific Plan Areas (City of Rancho Cordova)

6. Zinfandel Special Planning Area (City of Rancho Cordova) We also have member employers representing over 20,000 employees along the US-50 corridor and manage the Sacramento TMA, which represents over 90,000 employees within the City of Sacramento.

To all of these constituents, we serve as a point of reference for new innovations and options in sustainable transportation, providing information, education, and direct services to help residents and workers choose sustainable modes of transportation.
50 TMA Approach
We provide information and strategies to help individuals assess their travel habits and identify those trips they can most conveniently shift to sustainable modes. We make these strategies broadly appealing so that everyone has an opportunity to shift their behavior and so that small changes by many people can create change at scale.

Our approach to TDM is backed by the latest research, including best practices, case studies, and academic literature. The gold standard reference for measuring trip reduction and VMT reduction effectiveness in our region is the Handbook for Analyzing Greenhouse Gas Emission Reductions, Assessing Climate Vulnerabilities, and Advancing Health and Equity, published in August 2021 by the Sacramento Air Quality Management District, among other government agencies. Estimates of VMT reduction effectiveness included in the Scope of Services below are taken from this resource, unless otherwise footnoted.
2 ITEM 13.5.

ATTACHMENT 3

Scope of Services
The 50 Corridor Transportation Management Association will provide the City of Rancho Cordova the following scope of services for Transit Zones 1, 2, and 3 for July 2024 through June 2025. Costs include staff time per the billing rate summary, hard program costs, marketing, data purchase, and reporting.

Marketing costs include: printing, postage, and ad-buys. Hard program costs include but are not limited to: subsidies, event expenses (food, rentals, vendor services), and incentives. These costs are estimates; funds may be reallocated between tasks and zones with approval from the City.

Task 1 - Sustainable Trips
Trip reduction programs have been shown to reduce VMT by between 4% and 26% depending on the level of reporting and penalties for missing trip reduction targets. Such programs include a standard suite of TDM strategies, including:
● Rideshare matching
● Discounted transit fare
● Encouragement and incentives for bicycling
● Vanpool coordination
● Guaranteed ride
Marketing alone to support such strategies has been shown to reduce VMT by up to 4%. In fact, a pilot carried out in Rancho Cordova in 2003-2004 achieved a 4% reduction in VMT, or about 160,000 miles per year, through individualized marketing to promote light rail as an alternative to driving.1 Work completed towards this task will continue to take this pilot as inspiration and draw on best practices from other TMAs around the country.

Community-based travel planning is a related trip-reduction strategy that can be integrated with our marketing efforts. This might include sending maps to residents’ homes that show transit routes and bikeways from their neighborhood to popular nearby destinations. Such community-based travel planning has been shown to reduce VMT by over 2%.

Work associated with this task would include the following:
● Provide incentives to residents and employees within the Transit Zones when they carpool, walk, bike, and take transit. May also include subsidies for vanpools, carsharing, or electric mobility, such as in-home electric vehicle chargers and electric-assist bicycles when those subsidies are determined to be the most effective emissions reduction strategy for a household. ● Provide guaranteed rides to support mode shift, including subsidized rides by Lyft/Uber, Yellow Cab and Enterprise Rental Car to support residents when they choose sustainable modes and need a ride.
1 Federal Transit Administration Individualized Marketing Demonstration Program, 2006. Available at:
https://www.transit.dot.gov/sites/fta.dot.gov/files/docs/IMDP_Final_Report.pdf 3 ITEM 13.5.

ATTACHMENT 3

● Marketing for sustainable trips incentive programs and guaranteed ride, as well as education around sustainable transportation options and community-based travel planning via direct mail, social media ads, email, events, and other marketing channels. New resident welcome packs and coordination with local real estate agents and developer staff. This task also includes staff time to administer incentives, guaranteed ride, and develop and carry out related marketing campaigns.

Task 2 - Active Transportation Events
Reducing barriers to bicycling has been shown to reduce VMT by over 4%. Work associated with this task would include the following:
● Bicycle tune-ups, family-friendly bike rides, bike safety and education workshops, ebike demonstrations and test-rides, and/or ebike conversion workshops to encourage bicycling for public health, convert recreational riders into active transportation cyclists, and empower riders to make more trips by bicycling.
● Support and promote May is Bike Month through Love to Ride online platform and in-person events.
● Marketing for active transportation events and education around active transportation options via direct mail, social media ads, email, and other marketing channels. ● Staff time to plan and carry out active transportation events and to develop and carry out related marketing campaigns.

Task 3 - Smart Routes to School
School pools and smart routes to school programs do not have quantified VMT benefits, according to the Handbook for Analyzing Greenhouse Gas Emission Reductions, but the Handbook does include the strategies as options that may have co-benefits when combined with other VMT reduction strategies. It also means there simply may not be enough research to support a quantified VMT reduction.

Work associated with this task would include the following:
● Continue trip tracking program at Robert J. McGarvey Elementary School, using Active4.me barcode scanning technology, 6th grade student leader volunteers, and parent volunteers.

Support the program with prizes, such as books and ice cream parties. ● Renew programming at Sunrise Elementary School, building capacity with parent volunteers and school staff. The 50 TMA worked at Sunrise Elementary for many years before the pandemic.

School staff and parents involved in the Parent Faculty Organization are excited to get the program back up and running. This may include using Active4.me barcode scanning technology and/or friendly competition with McGarvey Elementary, which is down the road. ● Support and organize bicycling education and safety programs at McGarvey and Sunrise Elementary Schools, including events to support Clean Air Day and May is Bike Month. 4 ITEM 13.5.

ATTACHMENT 3

Task 4 - Project Management
Work associated with this task would include staff time to complete monthly invoices and periodic reports to City staff and/or City Council.
5 ITEM 13.5.

ATTACHMENT 3

Exhibit B - Cost Estimate
Cost Estimate
Zone 1
Zinfandel/
Stone Creek
Zone 2
Anatolia
Zone 3
Capital Village Total
Task 1 -
Sustainable Trips $15,000 $43,000 $13,000 $71,000
Task 2 - Active
Transportation
Events $22,000 $27,000 $17,000 $66,000
Task 3 - Smart
Routes to School $0 $20,000 $0 $20,000
Task 4 - Project
Management $5,000 $6,000 $5,000 $16,000
Total Budgeted $42,000 $96,000 $35,000 $173,000
Number of
Households 1,706 6,734 1,065 9,505
Cost per
Household $25 $14 $33 $18
Billing Rate Summary
Staff Position Hourly Rate Hourly Pay Range
Executive Director $175 $50 - $60
Part Time Staff (without benefits) Actual hourly wage x 2 $20 - $50 Full Time Staff (with benefits)
Actual hourly wage x

2.5 $25 - $50
6 ITEM 13.5.

ATTACHMENT 3

MEMORANDUM

City Council Staff Report - Page 1 of 2

ITEM 13.6.

DATE: September 3, 2024

TO: Honorable Mayor and Council Members

FROM: Albert Stricker, Public Works Director
Edgar Medina, Principal Engineer

SUBJECT: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACT AMENDMENT NO. 2021-336-03 TO INCREASE THE
CONTRACT AMOUNT BY $69,838.24 TO AN AMOUNT NOT TO
EXCEED $179,700.99 WITH DEWBERRY ENGINEERS, INC. FOR

DESIGN SERVICES FOR THE MATHER FIELD ROAD

ENHANCEMENTS PROJECT

RECOMMENDATION

Adopt the Resolution

RESULT OF RECOMMENDED ACTION

Adoption of the Resolution would authorize the City Manager to execute Contract Amendment No. 2021-336-03 to increase the Contract amount by $69,838.24 to an amount not to exceed $179,700.99 with Dewberry Engineers Inc. for Design Services for the Mather Field Road Enhancements Project.

BACKGROUND

The City has identified Mather Field Road as a key entry point and corridor for the City and over the past several years has invested heavily in upgrading the roadway infrastructure to current standards. The City is completing the current phase of construction that rehabilitated Mather Field Road from Folsom Boulevard to International Drive.

In 2022 and in alignment with the rehabilitation project, City Council approved Community Enhancement and Investment Funds and American Rescue Plan Act funds to design and construct the Mather Field Road Enhancement Project. This project is intended to improve the aesthetic on certain elements within the corridor that were not part of the rehabilitation project.

The enhancement project includes converting the California Department of Transportation's (Caltrans) fence to a concrete sound wall on the north side of U.S. 50, upgrade the landscaping and hardscaping near the westbound offramp lanes, upgrade the aesthetic wall treatment along the east side of Mather Field, replace the pedestrian fencing along the overpass structure over U.S. 50 and also includes a design for a pergola entry wall feature at Croydon Drive.

The City utilized its professional services on-call list and selected Dewberrry Engineers, Inc. to

City Council Staff Report - Page 2 of 2

assist in developing the project design and associated coordination with Caltrans. The proposed contract amendment is a result of the extensive coordination with Caltrans regarding the bridge structure attachments and the soundwall foundation along the property line. Contract Amendment No. 2021-336-03 will allow staff to complete the final design of the enhancements and continue the extensive coordination with Catrans to obtain their approval.

The preliminary schedule for completion of final design and approvals is Winter 2025 with an anticipated construction start in Spring/Summer 2025.

FISCAL IMPACT AND FUNDING SOURCE

Funding for Mather Field Road Enhancements Projects consists of Community Enhancement & Investment Funds, American Rescue Plan Act Funds and Infrastructure Replacement Funds.

There is no impact on the City's General Fund.

This project is included in the City’s current approved Capital Improvement Plan and in the 2024/25 budget.

ATTACHMENT(S)

1. Resolution

2. Contract Amendment No. 2021-336-03

ITEM 13.6. 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, AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACT NO. 2021-336-03 TO INCREASE THE CONTRACT AMOUNT BY $69,838.24 TO AN AMOUNT NOT TO EXCEED $179,700.99 WITH DEWBERRY ENGINEERS, INC.

FOR ENGINEERING DESIGN SERVICES FOR THE MATHER FIELD ROAD ENHANCEMENTS PROJECT, CP22-2233.

WHEREAS, the Public Works Department employs the assistance of qualified consultants for engineering design services in order to provide flexibility to adapt to the variable Capital Improvement Program demands; and
WHEREAS, on December 2, 2021, the City approved Contract No. 2021-336 with Dewberry Engineers, Inc. in the amount of $79,892.36 for engineering design services for Mather Field Road Enhancements Project, CP22-2233; and
WHEREAS, on December 1, 2023, the City approved Contract No. 2021-336-01 with Dewberry Engineers, Inc. to extend the contract term to June 30, 2025; and

WHEREAS, on January 16, 2024, City Council approved Contract No. 2021-336-02 with Dewberry Engineers, Inc. to increase the contract amount by $29,970.39 to an amount not to exceed $109,862.75 for engineering design services for the project; and

WHEREAS, the proposed contract amendment Contract No. 2021-336-03 with Dewberry Engineers, Inc. would increase the contract amount by $69,838.24 to an amount not to exceed $179,700.99 for final engineering design services and Caltrans coordination for the project; and WHEREAS, funding for Mather Field Road Enhancements Project consists of Community Enhancement & Investment Funds, American Rescue Plan Act Funds and Infrastructure Replacement Funds. There are no impacts on the City's General Fund.

NOW, THEREFORE, BE IT HEREBY RESOLVED THE CITY COUNCIL OF THE CITY OF RANCHO CORDOVA does authorize the City Manager to execute Contract No. 2021-336-03 to increase the contract amount by $69,838.24 to an amount not to exceed $179,700.99 with Dewberry Engineers, Inc. for engineering design services for the Mather Field Road Enhancements Project, CP22-2233 in a form approved by the City Attorney.

PASSED AND ADOPTED by the City Council of the City of Rancho Cordova on the 3rd day of September 2024 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ITEM 13.6. ATTACHMENT 1
Resolution No. XX-2024 Page 2 of 2

ATTEST:

David Sander, Mayor

Stacy Leitner, CMC
City Clerk

11060 White Rock Road, Suite 200, Rancho Cordova, CA 95670 • P 916-363-4210 August 7, 2024

Mr. Edgar Medina
Rancho Cordova Department of Public Works
2729 Prospect Park Drive
Rancho Cordova, CA 95670

SUBJECT: Mather Field Road Enhancement Project - Request for Contract Amendment #3

Dear Edgar,

As discussed, Dewberry is requesting an amendment to our contract for preparing the pergola design and adjusting the soundwall design for the Mather Field Road Enhancement project.

The City requested a pergola system to be added at the intersection of Mather Field Road and Croydon Way. The pergola design includes concept development and review, layout, structural analysis and detailing with draft and final design deliverables. Pergola design will be incorporated into overall plan set.

The City requested widening of sidewalk within the limits of the Mather Field Road and Croydon Way improvement limits. The sidewalk will include a concept submittal approved by the City, and draft and final design deliverables. The sidewalk design will be incorporated into the overall plan set.

As a condition of Caltrans encroachment permit review, the proposed Soundwall No. 1 foundation will be modified to best fit closer to Caltrans right of way. The soundwall foundation modification includes changes to layout, details, profile check, and minor revisions per County and Caltrans comments.

Dewberry performed additional work to complete the barrier detail design and coordination to obtain Caltrans approval.

The total estimated not to exceed amount of these services is $69,838.24 and brings our total Not to Exceed contract amount to $179,700.99. These additional services will be billed on a time and materials basis at our current 2024 rates.

Please let me know if you have any questions or comments about this proposal and thank you again for the opportunity to serve the City of Rancho Cordova.

Sincerely,
Dewberry Engineers Inc.

Jose Silva, P.E.

Project Manager/Vice President
ITEM 13.6.

ATTACHMENT 2

Mather Field Road Enhancements
City of Rancho Cordova
Attachment A: Amendment 1 Free

HOURS COST HOURS COST HOURS COST

1.0 1.1 8 $1,972.00 8 $1,972

1.2 1.3

1.4 1.5

1.0 8 $1,972.00 8 $1,972
8 $1,972.00 8 $1,972.00

2.0 2.1

2.2 2.3

2.0 3.0

3.1 3.2

3.3 106 $18,342.07 106 $18,342

3.4 174 $29,926.18 174 $29,926

3.5 38 $5,899.96 38 $5,900

3.6 50 $8,958.03 24 $3,240.00 74 $12,198

3.0 368 $63,126.24 24 $3,240.00 392 $66,366
368 $63,126.24 24 $3,240.00 392 $66,366.24

4.0 4.1

4.2 4.0
376 $65,098.24 24 $3,240.00 400 $68,338.24
Project Management
Project Management/Coordination
Quality Assurance/Quality Control
Public Outreach Support
Design Cooordination/Meetings
Total Task 4
Subtotal Task 4
Second Submittal of Plans, Specs and Estimate (90%)
First Submittal of Plans and Estimate (60%)
PS&E Activities
Services (Design Support) During Construction
Bidding & Construction Assistance
Bidding Services
Utilty Coordination and Right of Way Coordination
Final Submittal of Plans, Specs and Estimate (100%)
Design Memo and Aesthetic Renderings
Subtotal Task 2
Subtotal Task 3
Total Task 3
Total Task 2
Limited Topographic Survey
Research and Field Investigation
Caltrans Coordination/Grant Support
Preliminary Engineering and Environmental
Total Task 1
Dewberry Atlas Lab Inc. TOTAL
8/7/2024
Subtotal Phase 1
Pergola Design
Structures Fence/Barrier Design
$1,500.00
$69,838.24TOTAL PROJECT COST
$1,500.00TOTAL OTHER DIRECT COST
$65,098.24 $4,740.00

TOTAL DIRECT LABOR HOURS
ITEM 13.6.

ATTACHMENT 2

Task Input Sheet Mather Field Road Enhancements
City of Rancho Cordova
Attachment A: Amendment 1 Free
.
.

PIC/PM, Matthew
Satow
Project Engineer,
Kerwin Li
Senior Engineer,
Range A, To Be
Determined
Engineer, Range B,
To Be Determined
Senior CAD
Designer, To Be
Determined

TASK HOURS

ESCALATION

TASK COSTS
. Loaded Rate: $295.00 $198.00 $175.00 $150.00 $125.00

1.0 1.1 4 4 8 $1,972.00

1.2 1.3

1.4 1.5

1.0 4 4 8 $1,972.00
subtotal @ task 1 4 4 8 $1,972.00

2.0 2.1

2.2 2.3

2.0 subtotal @ task 2

3.0 3.1

3.2 3.3 2 24 40 40 106 $18,342.07

3.4 2 32 80 60 174 $29,926.18

3.5 8 30 38 $5,899.96

3.6 2 16 16 16 50 $8,958.03

3.0 6 72 144 146 368 $63,126.24
subtotal @ task 3 6 72 144 146 368 $63,126.24

4.0 4.1

4.2 4.0
subtotal @ task 4
. 10 76 144 146 376 $65,098.24
Task Number Task Name
$65,098.24TOTAL PROJECT COST
Dewberry Engineers Inc.

Prime
Public Outreach Support
Total Task 4

TOTAL DIRECT LABOR HOURS
Utilty Coordination and Right of Way Coordination
First Submittal of Plans and Estimate (60%)
Second Submittal of Plans, Specs and Estimate (90%)
Final Submittal of Plans, Specs and Estimate (100%)
Structures Fence/Barrier Design
Bidding & Construction Assistance
Services (Design Support) During Construction
Bidding Services
Total Task 3
Pergola Design
Project Management/Coordination
PS&E Activities
Total Task 2
Design Memo and Aesthetic Renderings
Total Task 1
Preliminary Engineering and Environmental
Project Management
Limited Topographic Survey
Caltrans Coordination/Grant Support
Design Cooordination/Meetings
Quality Assurance/Quality Control
Subtotal Phase 1
Research and Field Investigation
Subtotal Task 2
Subtotal Task 3
Subtotal Task 4
ITEM 13.6.

ATTACHMENT 2

Mather Field Road Enhancements
City of Rancho Cordova
Attachment A: Amendment 1 Free
.

Principal
Project Manager
Senior Designer
Designer
Support Staff
. $185.00 $160.00 $130.00 $110.00 $85.00

1.0 1.1

1.2 1.3

1.4 1.5

1.0 subtotal @ task 1

2.0 2.1

2.2 2.3

2.0 subtotal @ task 2

3.0 3.1

3.2 3.3

3.4 3.5

3.6 8 16 24 $3,240.00

3.0 8 16 24 $3,240.00
subtotal @ task 3 8 16 24 $3,240.00

4.0 4.1

4.2 4.0
subtotal @ task 4
. 8 16 24 $3,240.00
$1,500.00
$4,740.00
Subtotal Phase 1

TOTAL DIRECT LABOR HOURS
OTHER DIRECT COSTS (see attached sheet)

TOTAL PROJECT COST
Total Task 4
Subtotal Task 4
Services (Design Support) During Construction
Total Task 3
Bidding & Construction Assistance
Bidding Services
Subtotal Task 3
Utilty Coordination and Right of Way Coordination
First Submittal of Plans and Estimate (60%)
Second Submittal of Plans, Specs and Estimate (90%)
Final Submittal of Plans, Specs and Estimate (100%)
Structures Fence/Barrier Design
Pergola Design
Total Task 2
PS&E Activities
Subtotal Task 2
Preliminary Engineering and Environmental
Research and Field Investigation
Design Memo and Aesthetic Renderings
Limited Topographic Survey
Total Task 1

TASK HOURS

TASK COSTS
Task Name
Atlas Lab Inc.

Landscape Design
Project Management
Project Management/Coordination
Design Cooordination/Meetings
Quality Assurance/Quality Control
Public Outreach Support
Caltrans Coordination/Grant Support
Task Number
ITEM 13.6.

ATTACHMENT 2

Cost Proposal
Consultant Prime Consultant
Project No. Date
Subconsultant 1:

Subconsultant 2:

Subconsultant 3:

Subconsultant 4:

Subconsultant 5:

Subconsultant 6:

Subconsultant 7:

Subconsultant 8:

January 2018
Atlas Lab Inc.

Subconsultant
Local Assistance Procedures Manual EXHIBIT 10-H2
EXHIBIT 10-H2 COST PROPOSAL FORM 2 OF 3

SPECIFIC RATE OF COMPENSATION (USE FOR ON-CALL OR AS-NEEDED CONTRACTS) (CONSTRUCTION ENGINEERING AND INSPECTION CONTRACTS)
0 8/7/2024

SCHEDULE OF OTHER DIRECT COST ITEMS

PRIME CONSULTANT
DESCRIPTION OF ITEMS Quantity Unit Unit Cost Total
U.S. Mail 0.00 EA $0.00
Outside Vendor Printing & Reproduction (Note 5) 0.00 EA $0.00 $0.00 $0.00
Overnight Mail Service 0.00 EA $0.00 $0.00
Per Diem 0.00 Day $0.00 $0.00
Personal Vehicle 0.00 Mile $0.00 $0.00
Structural Engineer 1.00 LS $1,500.00 $1,500.00
Permit Fees 0.00 EA $0.00 $0.00
0 0.00 0.00 $0.00 $0.00
0 0.00 0.00 $0.00 $0.00
$0.00
3rd Tier Subconsultant
0 0.00 0.00 $0.00
$1,500.00Total ODC's
Note: Add Additional pages if necessary.

NOTES:

1. List other direct cost items with estimated costs. These costs should be competitive in their respective industries and supported with appropriate documentation.

2. Proposed ODC items should be consistently billed regardless of client and contract type.

3. Items when incurred for the same purpose, in like circumstance, should not be included in any indirect cost pool or in the overhead rate.

4. Items such as special tooling, will be reimbursed at actual cost with supporting documentation (invoice).

5. Items listed above that would be considered "tools of the trade" are not reimbursable as other direct cost.

6. Travel related costs should be pre-approved by the contracting agency and shall not exceed current State Department of Personnel Administration rules.

7. If mileage is claimed, the rate should be properly supported by the consultant's calculation of their actual costs for company vehicles. In addition, the miles claimed should be supported by mileage logs.

8. If a consultant proposes rental costs for a vehicle, the company must demonstrate that this is its standard procedure for all of their contracts and that they do not own any vehicles that could be used for the same purpose.

9. The cost proposal format shall not be amended. All costs must comply with the Federal cost principles.

10. Add additional pages if necessary.

11. Subconsultants must provide their own cost proposals Contract No. TBD
Total Subconsultants $1,500.00
X
ITEM 13.6.

ATTACHMENT 2

MEMORANDUM

City Council Staff Report - Page 1 of 2

ITEM 13.7.

DATE: September 3, 2024

TO: Honorable Mayor and Council Members

FROM: Kim Juran, Administrative Services Director

SUBJECT: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE

A CONTRACT WITH RANCHO CORDOVA FOOD LOCKER FOR

CAPACITY-BUILDING SERVICES IN AN AMOUNT NOT TO EXCEED
$350,000 OF AMERICAN RESCUE PLAN ACT FUNDING

RECOMMENDATION

Adopt the Resolution.

RESULT OF RECOMMENDED ACTION

Adoption of the Resolution would authorize the City Manager to execute a contract with the Rancho Cordova Food Locker for capacity-building services in an amount not to exceed $350,000 over the next two years with American Rescue Plan Act funding.

BACKGROUND

The Rancho Cordova Food Locker (RCFL) became an official 501c3 non-profit entity in 2020. In 2021, with the support of $350,000 of American Rescue Plan Act (ARPA) funds from the City, RCFL embarked on a feasibility study to better understand how the organization could expand and grow services to the community. Since then, RCFL has hired an executive director and made strides towards addressing the recommendations from the feasibility study, including the recent acquisition of a building and adjacent land on Don Juan Drive in Rancho Cordova that will become the future home of the Community Food Hub. The Community Food Hub model will include expanded hours, a "people's choice model" for food distribution, a resource/referral center, expanded food storage and collaborative space for partner organizations and programs.

The RCFL requested continued financial support from the City of Rancho Cordova during the Fiscal Year 2024-25 Community Enhancement and Investment Fund grant process as they begin construction and operation of the new Community Food Hub. At that time, staff made the recommendation to fund RCFL for an additional two years with the use of American Rescue Plan Act Funds. The Resolution would authorize the City Manager to execute a contract with the Rancho Cordova Food Locker for capacity-building services in an amount not to exceed $350,000 over the next two years.

FISCAL IMPACT AND FUNDING SOURCE

City Council Staff Report - Page 2 of 2

Funding in the amount of $350,000 for the Rancho Cordova Food Locker is available with the use of American Rescue Plan Act funds.

ATTACHMENT(S)

1. Resolution

2. Rancho Cordova Food Locker Funding Agreement Fiscal Year 24-26

ITEM 13.7. 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, AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH

THE RANCHO CORDOVA FOOD LOCKER FOR CAPACITY BUILDING SERVICES FOR AN AMOUNT NOT TO EXCEED $350,000 OF AMERICAN RESCUE PLAN ACT FUNDING

WHEREAS, the City has previously allocated American Rescue Plan Act funds to the Rancho Cordova Food Locker for the purpose of hiring an executive director and to conduct a feasibility study to better understand how the organization could expand and grow services to the community; and

WHEREAS, since that time, Rancho Cordova Food Locker has hired an executive director and made strides towards addressing the recommendations from the feasibility study, including the recent acquisition of a building and adjacent land on Don Juan Drive in Rancho Cordova that will become the future home of the Community Food Hub; and

WHEREAS, the Community Food Hub model will include expanded hours, a "people's choice model" for food distribution, a resource/referral center, expanded food storage and collaborative space for partner organizations and programs; and WHEREAS, the Rancho Cordova Food Locker requested continued financial support from the City of Rancho Cordova during the Fiscal Year 2024-25 Community Enhancement and Investment Fund grant process as they begin construction and operation of the new Community Food Hub; and

WHEREAS, staff made the recommendation to fund the Rancho Cordova Food Locker for an additional two years with the use of American Rescue Plan Act Funds.

NOW, THEREFORE, BE IT HEREBY RESOLVED THE CITY COUNCIL OF THE CITY OF RANCHO CORDOVA does authorize the City Manager to Execute a Contract with the Rancho Cordova Food Locker for capacity building services in an amount not to exceed $350,000 of American Rescue Plan Act Funding.

PASSED AND ADOPTED by the City Council of the City of Rancho Cordova on the 3rd day of September 2024 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ITEM 13.7. ATTACHMENT 1 Resolution No. XX-2024 Page 2 of 2 ATTEST:

David Sander, Mayor

Stacy Leitner, CMC
City Clerk

CONTRACT NO.: 2024-161
Funding Agreement Between September 3, 2024
the City of Rancho Cordova and Rancho Cordova Food Locker Page 1 of 5

AGREEMENT BETWEEN CITY OF RANCHO CORDOVA

AND RANCHO CORDOVA FOOD LOCKER

FOR USE OF GRANTEE FUNDS
T
his Agreement (this “Agreement”) is entered into by and between the City of Rancho Cordova, a California municipal corporation (“Grantee”), and Rancho Cordova Food Locker, a California 501(c)(3) nonprofit charitable corporation (“Subrecipient”) as of July 1, 2024.

W
hereas, the Grantee has applied for and received funds from the United States Government under Public Law No: 117-2 (3/11/2021) American Rescue Plan Act of 2021 (ARPA) providing additional relief to address the continued impact of COVID-19 on the economy, public health, state and local governments, non-profits, individuals, and businesses; and
W
hereas, Grantee has allocated American Rescue Plan Act funds to Subrecipient for the purpose of hiring an executive director, which will benefit the City of Rancho Cordova and its residents by allowing Subrecipient to continue to improve its program to store and distribute food to the hungry, including families with children, in the City of Rancho Cordova; and Gr
antee and Subrecipient agree as follows:

1. Programs and Services. S ubrecipient will provide the services described in Exhibit A, entitled “Scope of Services.”

2. Term. The term (the “Term”) of this Agreement is s et forth in Exhibit A.

3. Funding and Use of Funds. Grantee has allocated funds to Subrecipient in the amount of Three Hundred and Fifty Thousand Dollars ($350,000). The funds shall be disbursed to Subrecipient as set forth in Exhibit A and shall be used by Subrecipient solely for the purposes, and subject to the terms, set forth in Exhibit A. a. Failure to use the funds for the purposes described in Exhibit A and p
ursuant to the terms of this Agreement shall be considered a material breach of this Agreement. Subrecipient shall reimburse Grantee for such funds and may be required to reimburse Grantee for all funds allocated.
b. Minor changes in the use of funds may be approved in writing by the City Manager or his or her designee. “Minor” means a change of use for no more than thirty percent (30%) of the funds allocated to Provider, or a change which does not alter the core objectives of the service provided with the funds.

4. Unexpended Funds.

If any funds advanced to Subrecipient remain unexpended upon the expiration of the term of this Agreement, Subrecipient shall return the unexpended funds to Grantee within thirty (30) days of the expiration date of the Agreement.

ITEM 13.7.

ATTACHMENT 2

CONTRACT NO.: 2024-161
Funding Agreement Between September 3, 2024
the City of Rancho Cordova and Rancho Cordova Food Locker Page 2 of 5

5. Timeliness. Grantees will have sixty (60) days following the receipt of their grant funding Agreement to provide the required insurance documents and IRS Form W-9 to the City needed to execute the Agreement. This is being done to help mitigate delay of the project and/or the inability to complete the project during the proposed Term.

6. Maintenance and Use. [INTENTIONALLY OMITTED]

7. Documents, Reports and Records.

7.1 Record Retention. Subrecipient shall always maintain a complete and current set of financial and statistical records of all its activities which shall clearly reflect the application and use of the funds received from Grantee. All expenditures of the funds granted pursuant to this Agreement must be only for the items set forth in Exhibit A hereto and must be documented by receipts, cancelled checks, credit card statements, or other evidence acceptable to Grantee, which clearly document the amount and purpose of the expenditure. Expenditures for which there is no documentation are not eligible for funding under this Agreement.

7.2 Inspection of Records.

All records required to be retained pursuant to
Section 7.1 shall be subject to inspection or audit by Grantee at any reasonable time during the normal and usual business hours of Subrecipient. Recognizing, however, that Subrecipient may from time-to-time render services to recipients that are personal and confidential in nature, Grantee will always maintain that confidentiality and will not require a public record to be made or provided that would serve to violate the confidentiality requirements of Subrecipient. Any inspection or audit shall be made by Grantee’s Finance Director, or a designee of the Finance Director.

7.3 Required Reports. Subrecipient shall file Exhibit B, “Report Of Use of Grantee Funds,” with the Grantee on or before the dates set forth on Exhibit A. If payments of Grantee funds are to be distributed in more than one installment, distribution of the second and any subsequent distributions will not be made until any required reports have been filed and approved by the Grantee Manager or his or her designee. Subrecipient shall file Exhibit C, “Outcomes Report,” with Grantee on or before the date set forth on Exhibit A. Subrecipient shall file the Reports with the Grantee as set forth in Section 14, Notices, below.

8. Non-D iscrimination. Subrecipient agrees that in the performance of this Agreement and in the provision of any services funded in whole or in part by the grant made by Grantee to Subrecipient pursuant to this Agreement, Subrecipient shall not discriminate against any employee, recipient of Subrecipient’s services, or any other person, on the basis of a person’s race, religion, color, national origin, age, physical or mental handicap or disability, medical condition, marital status, gender, or sexual orientation. In the event that Subrecipient is a religious organization, Subrecipient shall also not condition receipt of any of the services funded by the grant made pursuant to this Agreement upon participation in any religious instruction or service.

9. Indemnification. Subrecipient shall indemnify, defend with counsel selected by the Grantee, and hold harmless the Grantee and its officials, officers, employees, agents, and volunteers from and against any and all losses, liability, claims, suits, actions, damages, and ITEM 13.7.

ATTACHMENT 2

CONTRACT NO.: 2024-161
Funding Agreement Between September 3, 2024
the City of Rancho Cordova and Rancho Cordova Food Locker Page 3 of 5 causes of action arising out of any personal injury, bodily injury, loss of life, or damage to property, or any violation of any federal, state, or municipal law or ordinance, to the extent caused, in whole or in part, by the willful misconduct or negligent acts or omissions of Subrecipient or its employees, subcontractors, volunteers, or agents, by acts for which they could be held strictly liable, or by the quality or character of their work. The foregoing obligation of Subrecipient shall not apply when (1) the injury, loss of life, damage to property, or violation of law arises wholly from the gross negligence or willful misconduct of the Grantee or its officers, employees, agents, or volunteers and (2) the actions of Subrecipient or its employees, subcontractor, or agents have contributed in no part to the injury, loss of life, damage to property, or violation of law. It is understood that the duty of Subrecipient to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. Acceptance by Grantee of insurance certificates and endorsements required under this Agreement does not relieve Subrecipient from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply to any damages or claims for damages whether such insurance policies shall have been determined to apply. By execution of this Agreement, Subrecipient acknowledges and agrees to the provisions of this Section and that it is a material element of consideration.

10. I
nsurance . Subrecipient shall comply with the insurance requirements contained in Exhibit D, “Insurance Requirements,” and shall procure, at its own cost and expense all insurance coverages listed in Exhibit D before commencing services, projects, or programs with allocated Grantee funds. Subrecipient shall provide proof of such coverage, including certificates of insurance and endorsements, prior to receiving Grantee funds.

11. Attribution. P rovider shall include the following language in all printed materials or electronic communications promoting or describing the programs and services to be provided pursuant to this Agreement: “Supported in part by the City of Rancho Cordova.” That language or use of the City of Rancho Cordova’s logo shall be in proportional size to the total area of the printed material. If the funds provided herein are used to build or install a structure or improvement to property or a building, including, but not limited to, building improvements, playground or sports facilities, or art installations, or is used to fund the purchase of a vehicle on which signage will be placed, Provider shall include the attribution noted above on a permanent sign located at the site of the project or the signage located on the vehicle.

Provider hereby acknowledges and agrees to attribute funding of the Rancho Cordova Food Locker as described in paragraph 11.

Initial

12. S ubrecipient Not an Agent. Except as Grantee may specify in writing, Subrecipient shall have no authority, express or implied, to act on behalf of Grantee in any capacity whatsoever as an agent. Subrecipient shall have no authority, express or implied, pursuant to this Agreement to bind Grantee to any obligation whatsoever.

ITEM 13.7.

ATTACHMENT 2

CONTRACT NO.: 2024-161
Funding Agreement Between September 3, 2024
the City of Rancho Cordova and Rancho Cordova Food Locker Page 4 of 5

13. No Implied Waiver of Breach. The waiver of any breach of a specific provision of this Agreement does not constitute a waiver of any other breach of that term or any other term of this Agreement.

14. Notices. Any approval, document or other notice which either party may desire to give to the other party under this Agreement must be in writing and may be given by first class mail, postage prepaid, or reputable overnight delivery service or personal delivery addressed to the party to whom the notice is directed as set forth below, or at any other address as that party may later designate:

Grantee:

City of Rancho Cordova
2729 Prospect Park Drive
Rancho Cordova, California 95670
Attn: City Manager
To Subrecipient: Rancho Cordova Food Locker
10497 Coloma Road
Rancho Cordova, California 95670
Any written notice, demand or communication shall be deemed received immediately if delivered by hand or upon the third day from the date it is postmarked if delivered by first class, registered or certified mail.

15. I
nterpretation. This Agreement will be performed entirely within California and shall be construed in accordance with the laws of the State of California and any action to enforce the terms of this Agreement must be brought in the County of Sacramento, State of California.

16. Attorneys’ Fees.

In the event any proceeding or action is brought in connection with the enforcement of this Agreement, the prevailing party shall be entitled to recover reasonable attorneys’ fees and costs, including those on appeal.

17. Amendments. The parties may amend this agreement only by a writing signed by all parties.

18. Integration. This Agreement, including Exhibits A, B, C, and D, attached hereto, and incorporated herein, represents the entire and integrated agreement between the parties and supersedes all prior negotiations, representations, or agreements, either written or oral.

19. IRS FormW- 9. Subrecipient shall complete and submit Internal Revenue Form W-9 to the Grantee before execution of this Agreement. The Grantee’s Finance Director shall have the ability to waive this requirement.

Signatures on following page.

ITEM 13.7.

ATTACHMENT 2

CONTRACT NO.: 2024-161
Funding Agreement Between September 3, 2024
the City of Rancho Cordova and Rancho Cordova Food Locker Page 5 of 5 IN WITNESS WHEREOF, the Parties have executed this Agreement as of the day and year first set forth above, which date shall be considered by the Parties to be the effective date of this Agreement.

GRANTEE/City of Rancho Cordova: SUBRECIPIENT/Rancho Cordova HART:

______________________ ________________________
Micah Runner Carrie Johnson
City Manager Executive Director

Date: ___________ Date: _____________

Attest:

_____________________
Stacy Leitner, CMC
City Clerk

Date: ____________

Approved as to Form:

______________________
Adam U. Lindgren, Grantee Attorney

ITEM 13.7.

ATTACHMENT 2

CONTRACT NO.: 2024-161
Exhibit A to Funding Agreement Between September 3, 2024 the City of Rancho Cordova and Rancho Cordova Food Locker Page 1 of 3

EXHIBIT A

SCOPE OF SERVICES

Address: 10497 Coloma Road, Rancho Cordova, CA 95670

Telephone: 916-837-5431
Email: [email protected]
Contact Person/Title: Carrie Johnson / Executive Director

Funding Allocation: $350,000

Term: July 1, 2024 – June 30, 2026

1. Services to be Provided: The Subrecipient will be responsible for administering the Project in a manner satisfactory to the Grantee and consistent with any standards required as a condition of providing these funds. Such Project will include the following activities:

Subrecipient shall use the grant funds to hire an Executive Director and for additional contract needs, such as executive coaching and consultancy for Board of Directors and/or Rancho Cordova Food Locker (RCFL) staff.

2. Units of Service to be Provided: See above.

3. Use of Funds: Subrecipient may use the funds for the purposes and in the manner set forth below:
$280,000 Executive Director
$70,000 A
dditional contract needs, such as executive coaching and consultancy for Board of Directors and/or Rancho Cordova Food Locker staff $350,000 T otal
a. The amounts listed above are estimates of the expenditures and may vary.

However, the amount may not vary by more than thirty percent (30%) (with City Manager approval) unless the Agreement is amended. In no event shall the City of Rancho Cordova’s total distribution of funds to Subrecipient under the Agreement exceed the total allocation shown above.
b. Unexpended Funds. If any funds advanced to Subrecipient remain unexpended upon the expiration of the term of this Agreement, Subrecipient shall return the unexpended funds to Grantee within thirty (30) days of the expiration date of the Agreement.
c. In the event that the costs to perform the items of work set forth herein exceed the amount of funds granted to Subrecipient, Subrecipient shall be responsible for the payment of all costs in excess of the funds granted.

ITEM 13.7.

ATTACHMENT 2

CONTRACT NO.: 2024-161
Exhibit A to Funding Agreement Between September 3, 2024 the City of Rancho Cordova and Rancho Cordova Food Locker Page 2 of 3

d. Prevailing Wages. To the extent required by law, Subrecipient and all of the Subrecipient’s subcontractors shall comply with California Health and Safety Code Section 33422.1, and shall comply with California Labor Code Section 1770 et seq. and all regulations adopted pursuant thereto (referred to herein as, “Prevailing Wage Laws”), and be responsible for carrying out the requirements of such provisions. The Subrecipient shall, and hereby agrees to, unconditionally indemnify, reimburse, defend, protect and hold harmless the Grantee and its elective and appointive boards, commissions, officers, agents, attorneys, consultants and employees, and all of their respective successors and assigns, from and against any and all claims, demands, suits and actions at law or in equity, and losses, liabilities, expenses, penalties, fines, orders, judgments, injunctive or other relief, and costs and damages of every kind, nature and description (including but not limited to attorneys’ fees and court costs; with counsel reasonably acceptable to the Grantee), and administrative, enforcement or judicial proceedings, whether known or unknown, and which directly or indirectly, in whole or in part, are caused by, arise from, or relate to, or are alleged to be caused by, arise from, or relate to, the payment or requirement of payment of prevailing wages or the requirement of competitive bidding in the construction of the Project, the failure to comply with any state or federal labor laws, regulations or standards in connection with this Agreement, including but not limited to California Labor Code Section 1770 et seq. and the Prevailing Wage Laws, or any act or omission of the Grantee or the Subrecipient related to this Agreement with respect to the payment or requirement of payment of prevailing wages or the requirement of competitive bidding, whether or not any insurance policies shall have been determined to be applicable to any such claims, demands, suits, actions, losses, liabilities, expenses, penalties, fines, orders, judgments, injunctive or other relief, costs, damages, or administrative, enforcement or judicial proceedings. It is further agreed that the Grantee does not, and shall not, waive any rights against the Subrecipient which they may have by reason of this indemnity and hold harmless agreement because of the acceptance by the Grantee, or the deposit with the Grantee by the Subrecipient, of any of the insurance policies described in this Agreement.

4. E
ligibility Criteria for Qualification of Recipients for Services : N/A Subrecipient shall keep documentation confirming eligibility requirements were met by recipients.

5. A llocation and Payment of Funds : Grantee shall distribute the funds to Subrecipient as follows: Grantee shall pay Subrecipient for the items set forth in Section 3, above, in four (4) equal installments with the first to be paid upon execution of this Agreement, the second on or before July 1, 2025. The second installment shall only be paid upon the Grantee’s verification of compliance with all terms and conditions including receipt of reports associated with this agreement applicable to Fiscal Year 2024-2025.

I n the event that any Report for Use of Grantee Funds and/or Outcomes Report which is due to be filed prior to the date upon which a distribution is otherwise due, has not been timely filed, Grantee shall not be obligated to make any additional distributions based on the submission of invoices until two (2) weeks after the date on which the delinquent reports are ITEM 13.7.

ATTACHMENT 2

CONTRACT NO.: 2024-161
Exhibit A to Funding Agreement Between September 3, 2024 the City of Rancho Cordova and Rancho Cordova Food Locker Page 3 of 3

received by Grantee and have been reviewed and been determined to comply with the requirements of this Agreement.

All requests for the payment of funds shall be due to Grantee by the termination date of this Agreement. The Grantee acknowledges, however, that there may be circumstances when Subrecipient may be unable to do so because it may not yet have received an invoice from a vendor prior to that date. In that case Subrecipient may submit a final request for payment within sixty (60) days after the termination date of the Agreement. Grantee shall not be required to make any payments based on requests submitted more than sixty (60) days after the termination date.

Subrecipient hereby acknowledges and agrees to the conditions of allocation and payment of funds as described in paragraph 5.

Initial

6. Reports: Subrecipient shall file the following reports (each a “Report” and collectively the “Reports”) with Grantee on the dates set forth below:

6.1 R eport of Use of Grantee Funds: December 31, 2024, June 30, 2025, December 31, 2025, and June 30, 2026. The Reports shall include copies of documentation for all expenditures of the funds granted pursuant to this Agreement. Such documentation may include receipts, cancelled checks, credit card statements, or other evidence acceptable to Grantee, and must clearly document the amount and purpose of the expenditure. Expenditures which are not so documented are not eligible for funding under this Agreement.

6.2 Outcomes Report: December 31, 2024, June 30, 2025, December 31, 2025, and June 30, 2026. The Report shall describe the services and/or programs provided, number of participants or attendees, and include photographs.

Subrecipient hereby acknowledges and agrees to the reporting requirements set forth in paragraph 6.

Initial

ITEM 13.7.

ATTACHMENT 2

CONTRACT NO.: 2024-161
Exhibit B to Funding Agreement Between September 3, 2024 the City of Rancho Cordova and Rancho Cordova Food Locker Page 1 of 1

EXHIBIT B

REPORT OF USE OF GRANTEE FUNDS

Address: 10497 Coloma Road, Rancho Cordova, CA 95670

Telephone: 916-837-5431
Email: [email protected]
Contact Person/Title: Carrie Johnson / Executive Director

Funding Allocation: $350,000

Term: July 1, 2024 – June 30, 2026

Report Accounting Period: July 1, 2024 through December 31, 2024 (Report 1), January 1, 2025 through June 30, 2025 (Report 2), July 1, 2025 through December 31, 2025 (Report 3), and January 1, 2026 through June 30, 2026 (Report 4)

Grantee funds received during reporting period:

Grantee funds expended during reporting period (please attach all receipts and proof of payments made using Grantee funds): [this should include a total and what it was spent on, including any line items, if applicable, and attach receipts or proof of expenditures]

Units of service provided during this period (if applicable):

Units of service provided to City of Rancho Cordova Residents during this period (if applicable):

The Report shall include copies of documentation for all expenditures of the funds granted pursuant to this Agreement. Such documentation may include receipts, cancelled checks, credit card statements, or other evidence acceptable to Grantee, and must clearly document the amount and purpose of the expenditure. Expenditures which are not so documented are not eligible for funding under this Agreement.

ITEM 13.7.

ATTACHMENT 2

CONTRACT NO.: 2024-161
Exhibit C to Funding Agreement Between September 3, 2024 the City of Rancho Cordova and Rancho Cordova Food Locker Page 1 of 1

EXHIBIT C

OUTCOMES REPORT

Address: 10497 Coloma Road, Rancho Cordova, CA 95670

Telephone: 916-837-5431
Email: [email protected]
Contact Person/Title: Carrie Johnson / Executive Director

Funding Allocation: $350,000

Term: July 1, 2024 – June 30, 2026

Report Accounting Period: July 1, 2024 through December 31, 2024 (Report 1), January 1, 2025 through June 30, 2025 (Report 2), July 1, 2025 through December 31, 2025 (Report 3), and January 1, 2026 through June 30, 2026 (Report 4)

[Subrecipient should submit a narrative of any measurable outcomes achieved or goals met]

The Report shall describe the services and/or programs provided, number of participants or attendees, and include photographs.

ITEM 13.7.

ATTACHMENT 2

CONTRACT NO.: 2024-161
Exhibit D to Funding Agreement Between September 3, 2024 the City of Rancho Cordova and Rancho Cordova Food Locker Page 1 of 4

EXHIBIT D

INSURANCE REQUIREMENTS

Before beginning any work under this Agreement, Subrecipient, at its own cost and expense, shall procure “occurrence coverage” insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the services hereunder by the Subrecipient and its agents, representatives, employees, volunteers, and subcontractors.

Subrecipient shall provide proof satisfactory to Grantee of such insurance that meets the requirements of this section and under forms of insurance satisfactory in all respects to the Grantee. Subrecipient shall maintain the insurance policies required by this section throughout the term of this Agreement. Verification of the required insurance shall be submitted and made part of this Agreement prior to execution.

Grantee may approve reduced coverage amounts after review by the Finance Director and Grantee’s City Attorney.

Additionally, if insurance meeting all of the requirements set forth herein is provided directly by the Catholic Mutual Relief Society of America, Grantee may accept that insurance coverage in lieu of coverage provided directly by Subrecipient.

1. Workers’ Compensation. Subrecipient shall, at its sole cost and expense, maintain Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance for any and all persons employed directly or indirectly by Subrecipient. The Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance shall be provided with limits of not less than ONE MILLION DOLLARS ($1,000,000.00) per accident. In the alternative, Subrecipient may rely on a self-insurance program to meet those requirements, but only if the program of self- insurance complies fully with the provisions of the California Labor Code. Determination of whether a self-insurance program meets the standards of the Labor Code shall be solely in the discretion of the Contract Administrator. The insurer, if insurance is provided, or the Subrecipient, if a program of self-insurance is provided, shall waive all rights of subrogation against the Grantee and its officers, officials, employees, and volunteers for loss arising from work performed under this Agreement.

Subrecipient shall notify Grantee within fourteen (14) days of notification from Subrecipient’s insurer if such coverage is suspended, voided, or reduced in coverage or in limits.

The requirement to maintain Statutory Workers’ Compensation and Employer’s Liability Insurance shall be waived by the Grantee upon written verification that Subrecipient does not have any employees.

2. General/Commercial Liability Insurance.

2.1 General requirements. Subrecipient, at its own cost and expense, shall maintain commercial general liability or general liability insurance for the term of this Agreement in an ITEM 13.7.

ATTACHMENT 2

CONTRACT NO.: 2024-161
Exhibit D to Funding Agreement Between September 3, 2024 the City of Rancho Cordova and Rancho Cordova Food Locker Page 2 of 4 amount not less than ONE MILLION DOLLARS ($1,000,000.00). The commercial general liability or general liability insurance shall be per occurrence, combined single limit coverage for risks associated with the work contemplated by this Agreement. If a commercial general or general liability insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from activities contemplated under this Agreement, including the use of owned and non-owned automobiles.

2.2 Additional requirements. Each of the following shall be included in the insurance coverage or added as an endorsement to the policy:

a. Grantee and its officers, employees, agents, and volunteers shall be covered as additional insureds with respect to each of the following: liability arising out of activities performed by or on behalf of Subrecipient, including the insured’s general supervision of Subrecipient; products and completed operations of Subrecipient; premises owned, occupied, or used by Subrecipient; and automobiles owned, leased, or used by the Subrecipient. The coverage shall contain no special limitations on the scope of protection afforded to Grantee or its officers, employees, agents, or volunteers.

b. The insurance shall cover on an occurrence or an accident basis, and not on a claims-made basis.

c. An endorsement must state that coverage is primary insurance with respect to the Grantee and its officers, officials, employees, and volunteers, and that no insurance or self-insurance maintained by the Grantee shall be called upon to contribute to a loss under the coverage.

d. Any failure of Subrecipient to comply with reporting provisions of the policy shall not affect coverage provided to Grantee and its officers, employees, agents, and volunteers.

e. An endorsement shall state that coverage shall not be canceled except after thirty (30) days’ prior written notice by certified mail, return receipt requested, has been given to the Grantee. Subrecipient shall notify Grantee within fourteen (14) days of notification from Subrecipient’s insurer if such coverage is suspended, voided, or reduced in coverage or in limits.

2.3 Sexual Molestation and Abuse Coverage. [INTENTIONALLY OMITTED]

3. Automobile Liability Insurance.

3 .1 General requirements. When applicable, Subrecipient, at its own cost and expense, shall maintain automobile liability insurance for the term of this Agreement in an ITEM 13.7.

ATTACHMENT 2

CONTRACT NO.: 2024-161
Exhibit D to Funding Agreement Between September 3, 2024 the City of Rancho Cordova and Rancho Cordova Food Locker Page 3 of 4 amount not less than ONE MILLION DOLLARS ($1,000,000.00). The automobile liability insurance shall be per occurrence, combined single limit coverage for risks associated with the work contemplated by this Agreement. If an automobile liability form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from activities contemplated under this Agreement, including the use of owned and non-owned automobiles.

3 .2 Minimum scope of coverage. Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001 (most recent edition), Code 1 (any auto). No endorsement shall be attached limiting the coverage.

3 .3 Additional requirements. Each of the following shall be included in the insurance coverage or added as an endorsement to the policy:

a. Grantee and its officers, employees, agents, and volunteers shall be covered as additional insureds with respect to each of the following: liability arising out of activities performed by or on behalf of Subrecipient, including the insured’s general supervision of Subrecipient; products and completed operations of Subrecipient; premises owned, occupied, or used by Subrecipient; and automobiles owned, leased, or used by the Subrecipient. The coverage shall contain no special limitations on the scope of protection afforded to Grantee or its officers, employees, agents, or volunteers.

b. The insurance shall cover on an occurrence or an accident basis, and not on a claims-made basis.

c. An endorsement must state that coverage is primary insurance with respect to the Grantee and its officers, officials, employees, and volunteers, and that no insurance or self-insurance maintained by the Grantee shall be called upon to contribute to a loss under the coverage.

d. Any failure of Subrecipient to comply with reporting provisions of the policy shall not affect coverage provided to Grantee and its officers, employees, agents, and volunteers.

4. All Policies Requirements.

4.1 Verification of coverage. Prior to beginning any work under this Agreement, Subrecipient shall furnish Grantee with certificates of insurance and with original endorsements effecting coverage required herein. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The Grantee reserves the right to require complete, certified copies of all required insurance policies, at any time.

ITEM 13.7.

ATTACHMENT 2

CONTRACT NO.: 2024-161
Exhibit D to Funding Agreement Between September 3, 2024 the City of Rancho Cordova and Rancho Cordova Food Locker Page 4 of 4

4.2 Subcontractors. Subrecipient shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.

4.3 Deductibles and Self-Insured Retentions. Subrecipient shall disclose to and obtain the approval of Grantee for the self-insured retentions and deductibles before beginning any of the services or work called for by any term of this Agreement.

During the period covered by this Agreement, only upon the prior express written authorization of Contract Administrator, Subrecipient may increase such deductibles or self-insured retentions with respect to Grantee, its officers, employees, agents, and volunteers.

The Contract Administrator may condition approval of an increase in deductible or self-insured retention levels with a requirement that Subrecipient procure a bond, guaranteeing payment of losses and related investigations, claim administration, and defense expenses that is satisfactory in all respects to each of them.

4.4 Waiver of Subrogation. Subrecipient hereby agrees to waive subrogation which any insurer or contractor may require from vendor by virtue of the payment of any loss.

Subrecipient agrees to obtain any endorsements that may be necessary to effect this waiver of subrogation. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the entity for all work performed by the Subrecipient, its employees, agents, and subcontractors.

4.5 Notice of Reduction in Coverage. In the event that any coverage required by this section is reduced, limited, or materially affected in any other manner, Subrecipient shall provide written notice to Grantee at Subrecipient’s earliest possible opportunity and in no case later than five (5) days after Subrecipient is notified of the change in coverage.

ITEM 13.7.

ATTACHMENT 2

MEMORANDUM
City Council Staff Report - Page 1 of 2

ITEM 13.8.

DATE: September 3, 2024

TO: Honorable Mayor and Council Members

FROM: Kim Juran, Administrative Services Director

SUBJECT: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A

MEMORANDUM OF UNDERSTANDING WITH CORDOVA RECREATION AND

PARK DISTRICT FOR THE CONSTRUCTION OF A DOG PARK AT WHITE ROCK PARK IN AN AMOUNT NOT TO EXCEED $500,000 OF AMERICAN

RESCUE PLAN ACT FUNDING

RECOMMENDATION

Adopt the Resolution.

RESULT OF RECOMMENDED ACTION

Adoption of the Resolution would authorize the City Manager to Execute a Memorandum of Understanding with Cordova Recreation and Parks District for the Construction of a Dog Park at White Rock Park in an Amount not to Exceed $500,000 of American Rescue Plan Act Funding.

BACKGROUND

The City received $15,588,333 in Coronavirus State and Local Fiscal Recovery Funds (also known as ARPA funding) and the City Council approved an initial allocation of these funds in June 2022. Of this allocation, the City set aside $2.5 million for investment in neighborhoods disproportionately impacted by the COVID-19 pandemic (defined to be neighborhoods in the Qualified Census Tract) to promote improved health outcomes based on a community input process. In May 2023, the City initiated a survey for residents residing in the City's Qualified Census Tract requesting their input on identifying needs in the neighborhood and soliciting potential project ideas. Staff then presented the project ideas received in the survey for council feedback in September 2023 and followed up with a community meeting in November 2023, during which residents were given an opportunity to ask questions about project concepts and provide input. The outcome of this community input process are three proposed projects; installation of solar streetlights at major intersections in Cordova Meadows and Cordova Gardens, addition of traffic-calming measures in Cordova Meadows and MIlls Park Terrace, and the construction of a dog park at White Rock Community Park.

The City and Cordova Parks and Recreation District staff collaborated to identify the best location for the construction of a dog park and determined White Rock Community Park as a location with both need and space available to accommodate a dog park. The Memorandum of Understanding (MOU) between the City of Rancho Cordova and the Cordova Parks and Recreation District would allocate $500,000 of ARPA funding to CRPD for the design and

City Council Staff Report - Page 2 of 2
construction of the project. The proposed MOU was approved by the Cordova Parks and Recreation District Board at their regular meeting on August 21, 2024. It is anticipated that the new dog park will be open to the public in February 2026.

ATTACHMENT(S)

1. CRPD White Rock Dog Park MOU

ITEM 13.8. 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, AUTHORIZING THE CITY MANAGER TO EXECUTE A MEMORANDUM

OF UNDERSTANDING WITH CORDOVA RECREATION AND PARK DISTRICT FOR THE

CONSTRUCTION OF A DOG PARK AT WHITE ROCK PARK IN AN AMOUNT NOT TO EXCEED $500,000 OF AMERICAN RESCUE PLAN ACT FUNDING

WHEREAS, the American Rescue Plan Act of 2021 (ARPA), signed into law on March 11, 2021, established the Coronavirus State and Local Fiscal Recovery Funds under sections 602 and 603 of the Social Security Act to help states and localities address the economic and health consequences of the pandemic; and

WHEREAS, the City of Rancho Cordova has received approximately $15.58 million from the Coronavirus State and Local Fiscal Recovery Funds; and

WHEREAS, the City set aside $2.5 million of the total amount for projects and programs identified by the community through a community input process; and

WHEREAS, one of the identified community projects is a dog park centrally located in the City which the Cordova Recreation and Park District (CRPD) will design and construct at White Rock Community Park, hereby referred to as the White Rock Dog Park Project or Project; and

WHEREAS, the City has determined that the improvements to be completed pursuant to the Project will be a benefit to the City and its residents by enhancing the quality of outdoor facilities in the City and the opportunities for recreational activities for City residents and students and City has allocated $500,000 for the purpose of assisting CRPD with funding those improvements.

NOW, THEREFORE, BE IT HEREBY RESOLVED THE CITY COUNCIL OF THE CITY OF RANCHO CORDOVA does authorize the City Manager to execute a memorandum of understanding with Cordova Recreation and Park District for the construction of a dog park at the White Rock Park in an amount not to exceed $500,000 of American Rescue Plan Act funding.

PASSED AND ADOPTED by the City Council of the City of Rancho Cordova on the 3rd day of September 2024 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ITEM 13.8. ATTACHMENT 1 Resolution No. XX-2024 Page 2 of 2

ATTEST:

David Sander, Mayor

Stacy Leitner, CMC
City Clerk

MOU Between the City of Rancho Cordova and Cordova Recreation and Park District September 4, 2024 White Rock Dog Park Page 1 of 24

MEMORANDUM OF UNDERSTANDING

BETWEEN THE CITY OF RANCHO CORDOVA

AND THE CORDOVA RECREATION AND PARK DISTRICT FOR

THE WHITE ROCK DOG PARK PROJECT
This Memorandum of Understanding (MOU) by and between the City of Rancho Cordova (“City”), a California municipal corporation, and the Cordova Recreation and Park District (“CRPD”), a special district organized and operating pursuant to the statutes of the State of California (Public Resources Code Section 5780, et seq.), together the City and CRPD are the “Parties,” is entered into on this 4th day of September, 2024, based on the facts and for the purposes set forth in the following recitals.

RECITALS
WHEREAS, the negative impacts of the COVID-19 pandemic adversely affected Rancho Cordova residents and businesses and resulted in the downturn in the local, regional and national economies, creating a situation where local small businesses are continuing to financially struggle and residents continue to need assistance to better connect with the health care, mental health, educational, and other local support systems in order to address the impacts of this crisis; and
WHEREAS, the American Rescue Plan Act of 2021 (ARPA), signed into law on March 11, 2021, established the Coronavirus State and Local Fiscal Recovery Funds under sections 602 and 603 of the Social Security Act to help states and localities address the economic and health consequences of the pandemic; and
WHEREAS, the City of Rancho Cordova has received approximately $15.58 million from the Coronavirus State and Local Fiscal Recovery Funds; and
WHEREAS, City set aside $2.5 million of the total amount for projects and programs identified by the community through a community input process; and WHEREAS, one of the identified community projects is a dog park centrally located in the city which CRPD will design and construct at White Rock Community Park, hereby referred to as the White Rock Dog Park Project; and
WHEREAS, City has determined that the improvements to be completed pursuant to the Project will be a benefit to the City and its residents by enhancing the quality of outdoor facilities in the City and the opportunities for recreational activities for City residents and students and City has allocated $500,000 for the purpose of assisting CRPD with funding those improvements.

NOW, THEREFORE, in consideration of the mutual promises contained herein, the Parties agree as follows:

AGREEMENT
ITEM 13.8.

ATTACHMENT 2

MOU Between the City of Rancho Cordova and Cordova Recreation and Park District September 4, 2024 White Rock Dog Park Page 2 of 24

1. The Project. The project to be constructed pursuant to this MOU is the White Rock Dog Park Project located at the White Rock Community Park at 10488 White Rock Rd, Rancho Cordova (the “Project”). The Project includes related site work and installation at the White Rock Community Park to create a dog park as generally depicted on Exhibit A, hereto. 2 Project Costs. The total Project costs have been determined to be approximately $500,000. City has agreed to contribute $500,000 from its Coronavirus State and Local Fiscal Recovery Funds to be applied to the costs of construction of the Project, as well as design and architectural costs incurred prior to construction (“City Contribution”). CRPD shall be responsible for all Project costs exceeding the amount of the City Contribution.

3. P
roject Management. CRPD shall be responsible for all project design, management and construction of the Project, including, but not limited to, obtaining any necessary permits for the Project, the solicitation of bids for the Project, the award of a contract to the successful bidder, and the administration and supervision of that contract.

4. P
ayment by City to CRPD of City Share. It is the intent of the Parties that City shall pay a proportionate share of the Construction Costs to CRPD as such costs are incurred and upon CRPD’s presentation of invoices or receipts indicating that CRPD has incurred such costs.

CRPD shall not request such payments more frequently than once per month. It is acknowledged by the Parties that the portion of the City’s Contribution for Construction Costs is approximately 100% of the total Project construction costs, therefore, City shall pay up the amounts of the invoices or receipts submitted to City up to a maximum of $500,00

0. 5. At
tribution. CRPD shall include the following language, or such other language as the City may subsequently provide for this purpose, in any and all printed materials promoting or describing the programs and services to be provided pursuant to this Agreement: “Supported in part by the Coronavirus State and Local Fiscal Recovery Funds from the City of Rancho Cordova.” That language shall be in proportional type size to the total area of the printed material.

6. R
ecord Retention and Project Completion Report. CRPD shall at all times maintain a complete and current set of records documenting the Project costs and the expenditure to which the funds provided by City and CRPD have been applied. Within 6o days after completion of the Project, CRPD shall provide a Project Completion Report to City as shown in Exhibit B. The Project Completion Report shall document the total Project costs and expenditures for all City funds which were paid to CRPD for the Project. If any funds advanced by City remain unexpended for the purposes set forth in Section 2.a., above, those unexpended funds shall be returned to City within 30 days after CRPD provides the report to City.

7. T
erm. The term of this Agreement shall commence upon the date first set forth above and terminate on the date that the Project has been completed, the Project Completion Report has been provided to City and any unexpended funds which may be due to City have been refunded.

ITEM 13.8.

ATTACHMENT 2

MOU Between the City of Rancho Cordova and Cordova Recreation and Park District September 4, 2024 White Rock Dog Park Page 3 of 24

8. Indemnification. The City shall indemnify, defend, and hold harmless CRPD, its officers agents employees, and representatives from and against any and all claims, losses, liabilities or damages, demands and actions, including payment of reasonable attorney’s fees, arising out of or resulting from the performance of this Agreement, caused by any negligent or willful act or omission of the City, its officers, agents employees, or anyone directly or indirectly acting on behalf of the City, regardless of whether caused in part by a party indemnified hereunder.

C
RPD shall indemnify, defend, and hold harmless the City, its officers agents employees, and representatives from and against any and all claims, losses, liabilities or damages, demands and actions, including payment of reasonable attorney’s fees, arising out of or resulting from the performance of this Agreement, caused by any negligent or willful act or omission of CRPD, its officers, agents employees, or anyone directly or indirectly acting on behalf of CRPD, regardless of whether caused in part by a party indemnified hereunder.

9. I
nsurance. The parties shall maintain general liability insurance, in limits not less than one million dollars ($1,000,000) per occurrence, or maintain self-insurance in comparable amounts. Each party will provide verification or an insurance certificate, as appropriate upon request.
10 . Prevailing Wages. In the event that CRPD contracts for labor for the construction of the Project, CRPD shall be solely responsible for any applicable requirement for the payment of prevailing wages, as set forth in the provisions of Articles 1 and 2 of Chapter 1, Part 7, Division II of the Labor Code of the State of California.

11. C
ompliance With All Laws. CRPD shall observe and comply with all applicable Federal, State, County, and local laws, regulations and ordinances including, but not limited to, t
he 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.
12 . Attorneys’ Fees. If a party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees in addition to any other relief to which that party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose.
1 3. A
mendments. The Parties may amend this Agreement only by a writing signed by both parties.
1 4. E
ntire Understanding. This Agreement constitutes the entire understanding between the City and CRPD regarding the subject matter of this Agreement. 1 5. No
tices. Notices concerning this Agreement shall be deemed to have been served when deposited in the United States Mail, first class postage prepaid, and addressed as follows:

ITEM 13.8.

ATTACHMENT 2

MOU Between the City of Rancho Cordova and Cordova Recreation and Park District September 4, 2024 White Rock Dog Park Page 4 of 24
To CRPD: To CITY:

C
ordova Recreation and Park District City of Rancho Cordova Attn: General Manager Attention: Community
2729 Prospect Park Drive, Suite 230 Enhancement Analyst II Rancho Cordova, CA 95670 2729 Prospect Park Drive
Rancho Cordova, CA 95670
IN
WITNESS WHEREOF, the parties hereto have caused this Agreement to be entered into as of the date and year first above written.

Ci
ty of Rancho Cordova:

B
y: Date:

Micah Runner, City Manager
A
ttest:

B
y: Date:

Stacy Leitner, City Clerk
A
pproved as to Form:

B
y: Date:

A dam Lindgren, City Attorney
C
ordova Recreation and Park District:

B
y: Date:

Patrick Larkin, General Manager
A
pproved as to Form:

B
y: Date:

R obert E. Thurbon, Attorney for District
ITEM 13.8.

ATTACHMENT 2

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E

XHIBIT A

PROJECT MAP
ITEM 13.8.

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ITEM 13.8.

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EXHIBIT B

PROJECT COMPLETION REPORT
P
rovider: Cordova Recreation and Park District
Address: 2729 Prospect Park Drive, Suite 230, Rancho Cordova, CA 95670 T
elephone: 916 842-3319
Email: [email protected]
Contact Person/Title: Laura Taylor/Park Planning and Development Manager R
eport Due Dates: Within 6o days after project completion.

T
he Project Completion Report shall document the total Project costs and expenditures per transaction for all City funds which were paid to CRPD for the Project.

C
ity funds received during Project period: $
C
ity funds expended during Project period: $
(
Please attach all receipts and proof of payments made using City funds. Documentation showing that prevailing wage requirements were met must also be included as back-up documentation with each report submitted.)
P
rovider shall include photos of the completed project and a narrative of any measurable outcomes achieved or goals met.

ITEM 13.8.

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EXHIBIT C to Agreement
between the City of Rancho Cordova,
hereinafter referred to as "CITY", and
Cordova Recreation and Park District,
hereinafter referred to as "SUBRECIPIENT"
F
EDERAL SUBAWARD AMERICAN RESCUE PLAN ACT 2021

REQUIREMENTS
T
he 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 other 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 set 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, ordinances, 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. R
eferences for Emphasis Only. The parties hereby agree that the specific provisions of the Uniform Guidance – or any other applicable federal, state, or local 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 ITEM 13.8.

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to comply with any such applicable provisions.

E. F
ederal 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 G
uidance for State, Territorial, Local and Tribal Governments found at:
h
ttps://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%20Supplement% 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. A
udits and Records
CITY 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.

I
f 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
p
rogram-specific audit in accordance with 2 CFR § 200.501(c); and Subrecipient shall c
omply with all of the federal auditing requirements found in 2 CFR Subpart F.

ITEM 13.8.

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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. F
ederal Disallowance(s). If the Federal Government demands reimbursement from the CITY due to a disallowance or finding that an expense or cost for which the CITY 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 CITY within a reasonable time period as mutually agreed upon by the CITY 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 CITY may impose, and the Federal Awarding Agency or CITY determine that such noncompliance cannot be remedied by imposing additional conditions, the Federal Awarding Agency or CITY may take one or more of the following actions, as appropriate in the circumstances:

1. T
emporarily withhold cash payments pending correction of the deficiency by the Subrecipient or more severe enforcement action by the Federal Awarding Agency or CITY;

2. D
isallow (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. W
holly or partly suspend or terminate this Agreement;

4. I
nitiate suspension or debarment proceedings as authorized under 2 CFR part 180 and Federal Awarding Agency regulations, which may be initiated at the recommendation of the CITY;

5. Wi
thhold further Federal Awards for the project or program; or

6. T
ake other remedies that may be legally available.

ITEM 13.8.

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L. N
on-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 CITY, 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 CITY 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. F
ederal 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 CITY 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. Pro
gram Fraud and False or Fraudulent Statements or Related Acts. The Subrecipient acknowledges that 31 USC Chapter 38 (“Administrative Remedies for False Claims and Statements”) applies to the Subrecipient’s actions pertaining to this Agreement.

R. Dom
estic 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.

ITEM 13.8.

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S. P
rohibition 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. P
rocure 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. F
or 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. T
elecommunications or video surveillance services provided by such entities or using such equipment.
iii. T
elecommunications 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 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 A
nti-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 ITEM 13.8.

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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. C
lean 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 CITY. Additionally, the Subrecipient hereby acknowledges that the CITY 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. C
omply 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 CITY .

A
dditionally, the Subrecipient hereby acknowledges that the CITY shall, in turn , r
eport 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.

X. S
UBRECIPIENT 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. T
his 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 ITEM 13.8.

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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 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, 31CFR Part 22, and herein incorporated by reference and made a part of this contract or agreement.

ITEM 13.8.

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EXHIBIT D to Agreement
between the City of Rancho Cordova,
hereinafter referred to as "CITY", and
Cordova Recreation and Park District,
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 once a week. The non-Federal entity must place a copy of the current ITEM 13.8.

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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 Air Act (42 U.S.C. 7401- 7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387).

ITEM 13.8.

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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;
(2) Extend or renew a contract to procure or obtain; or ITEM 13.8.

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(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, cement, and other manufactured products). The requirements of this section must be included in all ITEM 13.8.

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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. 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.

ITEM 13.8.

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(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 13.8.

ATTACHMENT 2

MOU Between the City of Rancho Cordova and Cordova Recreation and Park District September 4, 2024 White Rock Dog Park Page 21 of 24

EXHIBIT E to Agreement
between the City of Rancho Cordova,
hereinafter referred to as "CITY", and
Cordova Recreation and Park District,
hereinafter referred to as "SUBRECIPIENT"

SUBRECIPIENT CERTIFICATION OF COMPLIANCE FORM

WHEREAS it is in the best interest of the CITY that those entities with whom the CITY does business, or proposes to do business, demonstrate financial responsibility, integrity and lawfulness, it is inequitable for those entities with whom the CITY does business to receive CITY 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 (916) 875-7400 or (888) 271-3906, by writing to P.O. Box 269112, Sacramento, ITEM 13.8.

ATTACHMENT 2

MOU Between the City of Rancho Cordova and Cordova Recreation and Park District September 4, 2024 White Rock Dog Park Page 22 of 24

95826-9112, or by E-mailing [email protected].

DATE: ____________ By: ________________________

ITEM 13.8.

ATTACHMENT 2

MOU Between the City of Rancho Cordova and Cordova Recreation and Park District September 4, 2024 White Rock Dog Park Page 23 of 24

EXHIBIT F to Agreement
between the City of Rancho Cordova,
hereinafter referred to as “CITY”, and
Cordova Recreation and Park District,
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 CITY 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 13.8.

ATTACHMENT 2

MOU Between the City of Rancho Cordova and Cordova Recreation and Park District September 4, 2024 White Rock Dog Park Page 24 of 24

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:

5724105.2
ITEM 13.8.

ATTACHMENT 2

MEMORANDUM

City Council Staff Report - Page 1 of 1

ITEM 13.9.

DATE: September 3, 2024

TO: Honorable Mayor and Council Members

FROM: Randi Kay Stephens, Management Analyst II

SUBJECT: A RESOLUTION ESTABLISHING THE NUMBER OF THE

COMMUNITY ENHANCEMENT & INVESTMENT FUND CITIZEN

OVERSIGHT BOARD MEMBERS AND UPDATING OVERSIGHT

BOARD MEMBER DUTIES TO INCLUDE REVIEWING EXPENDITURE

OF TAX REVENUES FROM MEASURES H AND R AND PROVIDING

FEEDBACK FOR USE IN THE CITY'S HARD COPY AND ONLINE

RESOURCES

RECOMMENDATION

Adopt the Resolution.

RESULT OF RECOMMENDED ACTION

Adoption of the Resolution would allow the City of Rancho Cordova's Community Enhancement & Investment Fund to continue to staff and support the Citizen Oversight Board.

BACKGROUND

The Community Enhancement & Investment Fund receives oversight from the Citizen Oversight Board as authorized most recently by Resolution No. 126-2021. Most recently, at the June 25, 2024, City Council Work Session, the Council directed staff to update the number of board members serving on the Citizen Oversight Board.

In addition to updating the number of members serving, this Resolution formalizes the roles and responsibilities of Citizen Oversight Board members to include selecting grantees from the Community Grants program to be included in digital and hard copy spaces, such as the City’s Open Gov financial software, an annual digital report, or publications including an official Citizen Report.

FISCAL IMPACT AND FUNDING SOURCE

The only fiscal impact is the cost of staff time to prepare for and participate in Oversight Board meetings, which is included as part of the Community Enhancement & Investment Fund's (Measure H and Measure R) administrative allocations that are made annually.

ATTACHMENT(S)

1. Resolution

ITEM 13.9. ATTACHMENT 1 Resolution No. XX-2024 Page 1 of 3

CITY OF RANCHO CORDOVA

RESOLUTION NO. XX-2024

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CORDOVA, STATE

OF CALIFORNIA, ESTABLISHING THE NUMBER OF THE COMMUNITY ENHANCEMENT &

INVESTMENT FUND CITIZEN OVERSIGHT BOARD MEMBERS AND UPDATING

OVERSIGHT BOARD MEMBER DUTIES TO INCLUDE REVIEWING EXPENDITURE OF TAX

REVENUES FROM MEASURES H AND R AND PROVIDING FEEDBACK FOR USE IN THE CITY’S HARD COPY AND ONLINE RESOURCES

WHEREAS, in November 2014, Rancho Cordova voters approved Measure H, a 1/2-cent sales tax measure, which generates approximately $10 million of annual revenue for the City's General Fund; and

WHEREAS, the revenues from Measure H, now referred to as the "Community Enhancement & Investment Fund," are locally controlled by the City; and

WHEREAS, the ballot language measure approved by the voters allows for, but does not require, a citizen oversight board for Measure H revenues: and

WHEREAS, the City Council desired that a Community Enhancement & Investment Fund Citizen Oversight Board be established to provide a review of how tax revenues from Measure H are spent by the City and provide feedback; and

WHEREAS, in October 2020, the City Council desired to increase the size of the Citizen Oversight Board from a five-person to a seven-person Measure H/Community Enhancement & Investment Fund Citizen Oversight Board with staggered terms implemented; and

WHEREAS, in October 2020, the City Council further desired to retain two additional at- large appointees, including high school and college students (or Rancho Cordova's College Promise alumni) from the City, thereby, bringing the size of the Citizen Oversight Board to a nine-person Board when factoring in the seven Citizen Oversight Board members and two at- large student appointees; and

WHEREAS, in November 2020, Rancho Cordova voters approved Measure R, a 1/2- cent sales tax measure, which generates approximately $10 million of annual revenue for the City's General Fund and requires citizen oversight; and

WHEREAS, in October 2021, the City Council changed the name of the fund from Community Enhancement Fund to the Community Enhancement & Investment Fund to acknowledge the critical resources returning to the City through the revenues of Measures H and R and the impact upon the greater community; and

WHEREAS, in June 2024, the City Council desired to decrease the size of the Citizen Oversight Board from a seven-person to a five-person Measure H/Community Enhancement & Investment Fund Citizen Oversight Board with staggered terms implemented.

NOW, THEREFORE, BE IT HEREBY RESOLVED THE CITY COUNCIL OF THE CITY OF RANCHO CORDOVA ESTABLISHES THAT:

ITEM 13.9. ATTACHMENT 1 Resolution No. XX-2024 Page 2 of 3 A five-person combined Measure R and Measure H/Community Enhancement & Investment Fund Citizen Oversight Board (Oversight Board) is hereby established.

The five Citizen Oversight Board members shall be appointed by a majority vote of the full City Council. Citizen Oversight Board members may be removed by a majority vote of the full City Council.

Two additional at-large appointees shall be made by recommendation by school officials through an application process coordinated by City staff. It is intended that the two additional at- large appointments be youth representatives, including high school and college student/alumni from the City.

Except for the two additional at-large appointees, Citizen Oversight Board members shall be at least 18 years old and full-time residents of Rancho Cordova. Except for the two additional at- large appointees, Citizen Oversight Board members shall not be a direct recipient of Community Enhancement & Investment Fund monies.

City staff shall develop a simple application process and provide the City Council with all complete applications received for Citizen Oversight Board members.

Terms of Citizen Oversight Board members shall be staggered with recruitment in even years.

Beginning in 2024, two four-year terms will be recruited for and in 2026, three four-year terms will be recruited for. Terms beginning in 2024 will go through 2028 and terms beginning in 2026 will go through 2030. The two additional at-large student appointees shall remain one-year terms. Citizen Oversight Board members may apply for additional terms.

The Citizen Oversight Board members shall select a Chair and Vice Chair. Should the Chair not be available the Vice Chair shall lead the meeting. If neither the Chair or Vice Chair is available members of the Oversight Board shall select a Chair for a single meeting. An adult over 18 years old must serve as Chair. The Vice Chair position may be filled by an at-large student appointee.

The Citizen Oversight Board's roles and responsibilities shall be as follows:

Review the accomplishments achieved with Measure H and Measure R dollars for each fiscal year. Members of the Citizen Oversight Board will select grantees from the Community Grants program to highlight in digital and hard copy spaces including the City’s Open Gov financial software, an annual digital report, or publications including an official Citizen Report. If the Citizen Oversight Board is unable to meet prior to publication deadlines, the City staff will select a minimum of grantees and request additional input from the members of the Citizen Oversight Board.

Confirm the amount of revenues received in the prior fiscal year in comparison to the budget.

Review actual expenditures to ensure that they were in alignment with the community grant awards and budget allocations for both Measure H and Measure R approved by the City Council.

Review each Community Enhancement & Investment Fund grantee's compliance with the City's reporting requirements and make recommendations to exclude noncomplying organizations from future award cycles to the City Council for consideration.

ITEM 13.9. ATTACHMENT 1 Resolution No. XX-2024 Page 3 of 3 Any amended or additional responsibilities as determined by a majority vote of the full City Council.

PASSED AND ADOPTED by the City Council of the City of Rancho Cordova on the 3rd day of September by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST:

David Sander, Mayor

Stacy Leitner, CMC
City Clerk

City Council Staff Report - Page 1 of 4
\

MEMORANDUM
ITEM 13.10.

DATE:September 3, 2024
TO:Honorable Mayor and Council Members
FROM:Kim Juran-Karageorgiou, Administrative Services Director SUBJECT: TREASURER’S REPORT – JUNE 30, 2024

RECOMMENDATION
This report is informational only. It is recommended that the City Council receive and file the June 30, 2024, Treasurer’s Report.

RESULT OF RECOMMENDED ACTION
The Treasurer’s Report is required to be submitted to the City Council at least quarterly in accordance with California Government Code Section 53600 et. seq. The purpose of the Treasurer’s Report is to update the City Council and the public on the status of the City’s cash balances and investments and highlight material changes from one period to another. The scope of this report covers the second quarter of the 2024 calendar year ending June 30, 2024, and is in compliance with the State’s reporting requirements.

BACKGROUND
Attached is the quarterly Treasurer’s Report for the period ending June 30, 2024. Treasurer’s Reports are provided to the City Council on a quarterly basis.

At March 31, 2024, the value of the City’s total portfolio was $322.9 million. Since that time, the City’s cash balances increased by $43.7 million with an ending balance of $366.6 million as of June 30, 2024. The funds are held as follows:

Investment Distribution Book Value Market Value
Cash at Banking Institutions 173,608,979 173,608,979
Local Agency Investment Fund (LAIF) 6,552,805 6,552,805 CAMP Pool 58,378,684 58,378,684
CAMP Managed Account 63,864,923 63,184,446
Insight Investment 65,426,186 64,871,072
Total 367,831,577 366,595,986

City Council Staff Report - Page 2 of 4
The second quarter of 2024 was characterized by moderating economic growth and slowing inflation as it continued to inch closer to the Fed’s 2% target rate. As expected, the Fed held interest rates steady at their June meeting, increasing anticipation of a potential rate cut by the Fed in September. The labor market continued to soften as the pace of job growth slowed in the second quarter, with the unemployment rate reaching 4.1% in June, ending a 28-month streak of unemployment at or below 4%. That said, investor confidence and strong investor sentiment have helped investment markets remained priced for a “soft landing.” The City’s cash balance as of June 30, 2024 was allocated by fund type/purpose as follows:
•General Fund: $27.7 million
•Community Enhancement & Investment Fund (Measure H & R): $25.4 million •Sunrise Development Impact Fees (restricted for specific improvements needed as a result of development in the area): $43.2 million
•Transportation Funds: $108.0 million
•Storm Drain Fund: $21.6 million
•Capital Projects/Grant/Special Revenue Funds: $97.2 million •Agency Funds (funds held for other entities): $44.7 million The overall portfolio is well diversified with $129.3 million invested in marketable securities, $64.9 million is invested in short-term investments that are considered liquid (LAIF, CAMP, and money markets), and another $173.6 million is on deposit with our banks, which includes $5.6 million on deposit with one local bank as part of the City’s participation in a local banking initiative. Staff, in conjunction with our financial advisors, periodically reviews the mix of liquid and long-term investments and adjusts the portfolio according to the market conditions and our short-term cash needs.

Staff thoroughly reviews investment statements and makes appropriate inquiries of its investment advisors to confirm the existence and viability of the City’s assets. The City invests Cash at Banking
Local Agency Investment Fund
(LAIF) 1.8%CAMP Pool 15.9%
CAMP Managed
Account 17.2%
Insight Investment

17.7%
Investment Portfolio

City Council Staff Report - Page 3 of 4
conservatively in investment policy options in accordance with California State Government Code. The long-term assets are in securities that can be held to maturity, thus are less vulnerable to the fluctuations of the market. All securities are in compliance with the City’s investment policy. There are sufficient funds to meet the City’s expenditure requirements for the next six months.

The distribution of investments are displayed in the following charts:

Under 1 Year

70.8%
1 to 3 Years

16.6%
Over 3 Years

12.5%
Investment Ladder

City Council Staff Report - Page 4 of 4

ATTACHMENT(S)

1. Treasurer’s Report for the quarter ended June 30, 2024 Short Term Investment Pool U.S. Treasury Bond / Note
Supra-National
Agency Bond /
Note 0.2%
Municipal Bond /
Note 0.6%
Federal Agency
Commerical Mortgage-
Backed Security 2.7%
Federal Agency Bond /
Note 6.5%
Corporate Note
Commercial Paper

0.5%
Corporate Bonds

5.1% Certificate of Deposit 0.5%
Asset-Backed Security 2.2%
Allocation By Security Type

Security Held Book Value Market Value
Wells Fargo Bank 168,001,627 168,001,627
5 Star Bank 5,607,352 5,607,352
Local Agency Investment Fund (LAIF) 6,552,805 6,552,805 CAMP Pool 58,378,684 58,378,684
CAMP Managed Account 63,864,923 63,184,446
Insight Investment 65,426,186 64,871,072
Total 367,831,577 366,595,986

CITY OF RANCHO CORDOVA

TREASURER'S REPORT
FOR THE QUARTER ENDED June 30, 2024
ITEM 13.10.

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ATTACHMENT 1

SECURITIES HELD
As of June 30, 2024

CITY OF RANCHO CORDOVA
Amortized cost Fair value Unrealized
gain
(loss)
Coupon Maturity/
Call date
Historical costCusip Total
accrued
interest
%
Port
cost
Par value or
shares
Description
Cash and Cash Equivalents

0.000 4 9,614.21 49,614.21 0.00 0.00 0.0849,614.2149,614.21Cash and Cash Equivalents Total Cash and Cash Equivalents 49,614.21 49,614.21 49,614.21 0.00 0.080.0049,614.21 Corporate Bonds
931142DV2 2 .650 12/15/2024 1,009,812.00 955,657.89 (16,701.99) 1,048.96 10/15/2024

1.56938,955.90950,000.00WALMART INC 2.65% 15DEC2024 (CALLABLE 15OCT24) 166764BW9 1.554 05/11/2025 1,525,696.00 1,578,662.47 (29,739.00) 3,384.27 04/11/2025

2.351,548,923.471,600,000.00CHEVRON CORP 1.554% 11MAY2025 (CALLABLE 11APR25)
24422ETC3 3.400 09/11/2025 593,280.00 597,347.69 (10,263.41) 6,176.67 0.91587,084.28600,000.00JOHN DEERE CAPITAL CORP 3.4% 11SEP2025 478160BY9 2.450 03/01/2026 949,330.00 968,637.83 (8,297.62) 8,098.61 12/01/2025

1.46960,340.211,000,000.00JOHNSON & JOHNSON 2.45% 01MAR2026 (CALLABLE 01DEC25)
06051GFX2 3.500 04/19/2026 768,064.00 778,979.25 (3,609.03) 5,522.22 1.18775,370.22800,000.00BANK OF AMERICA CORP 3.5% 19APR2026 023135BX3 1.000 05/12/2026 902,520.00 937,133.82 (6,809.56) 1,333.33 04/12/2026

1.39930,324.261,000,000.00AMAZON.COM INC 1% 12MAY2026 (CALLABLE 12APR26)
46625HRS1 3.200 06/15/2026 949,700.00 973,673.72 (10,990.58) 1,333.33 03/15/2026

1.46962,683.141,000,000.00JPMORGAN CHASE & CO 3.2% 15JUN2026 (CALLABLE 15MAR26)
693475AX3 2.600 07/23/2026 741,568.00 759,800.95 (2,348.54) 9,071.11 05/24/2026

1.14757,452.41800,000.00PNC FINANCIAL SERVICES 2.6% 23JUL2026 (CALLABLE 23MAY26)
037833DN7 2.050 09/11/2026 609,082.50 611,651.96 (591.97) 4,034.51 07/11/2026

0.94611,059.99650,000.00APPLE INC 2.05% 11SEP2026 (CALLABLE 11JUL26) 89236TDR3 3.200 01/11/2027 1,031,052.00 1,048,515.06 4,325.17 16,524.44 1.591,052,840.231,100,000.00TOYOTA MOTOR CREDIT CORP 3.2% 11JAN2027 8 ITEM 13.10.

ATTACHMENT 1

SECURITIES HELD
As of June 30, 2024

CITY OF RANCHO CORDOVA
Amortized cost Fair value Unrealized
gain
(loss)
Coupon Maturity/
Call date
Historical costCusip Total
accrued
interest
%
Port
cost
Par value or
shares
Description
Corporate Bonds
24422EWD7 2 .350 03/08/2027 553,404.00 566,289.29 (5,235.02) 4,386.67 0.85561,054.27600,000.00JOHN DEERE CAPITAL CORP 2.35% 08MAR2027 437076CA8 2.500 04/15/2027 1,398,930.00 1,426,180.70 (21,536.61) 7,812.50 02/15/2027

2.161,404,644.091,500,000.00HOME DEPOT INC 2.5% 15APR2027 (CALLABLE 15FEB27)
91159HHR4 3.150 04/27/2027 789,072.00 804,236.50 4,108.83 4,685.63 03/27/2027

1.22808,345.33850,000.00US BANCORP 3.15% 27APR2027 (CALLABLE 27MAR27) 194162AN3 3.100 08/15/2027 1,501,091.98 1,517,436.82 (25,589.61) 18,216.38 07/15/2027

2.311,491,847.211,567,000.00COLGATE-PALMOLIVE CO 3.1% 15AUG2027 (CALLABLE 15JUL27)
037833DB3 2.900 09/12/2027 850,563.00 866,636.54 (16,638.67) 7,830.00 06/12/2027

1.31849,997.87900,000.00APPLE INC 2.9% 12SEP2027 (CALLABLE 12JUN27) 89236TKL8 5.450 11/10/2027 512,655.00 509,734.62 (2,377.82) 3,784.72 0.79507,356.80500,000.00TOYOTA MOTOR CREDIT CORP 5.45% 10NOV2027 02665WED9 4.700 01/12/2028 611,328.00 608,561.63 (14,390.64) 13,160.00 0.94594,170.99600,000.00AMERICAN HONDA FINANCE 4.7% 12JAN2028 02665WEM9 5.125 07/07/2028 713,811.00 712,336.12 (9,147.51) 17,239.93 1.10703,188.61700,000.00AMERICAN HONDA FINANCE 5.125% 07JUL2028 17325FBB3 5.803 09/29/2028 1,033,740.00 1,030,449.28 (3,091.88) 14,668.69 08/29/2028

1.591,027,357.401,000,000.00CITIBANK NA 5.803% 29SEP2028 (CALLABLE 29AUG28) 61747YFA8 5.123 02/01/2029 800,040.00 800,035.99 (3,198.72) 16,962.82 02/01/2028

1.23796,837.27800,000.00MORGAN STANLEY 5.123% 01FEB2029 (CALLABLE 01FEB28)
17275RBR2 4.850 02/26/2029 998,640.00 998,677.10 1,146.48 16,705.56 01/26/2029

1.54999,823.581,000,000.00CISCO SYSTEMS INC 4.85% 26FEB2029 (CALLABLE 26JAN29)
Total Corporate Bonds 18,843,379.48 19,050,635.23 18,869,657.53 (180,977.70) 29.05181,980.3519,517,000.00 9 ITEM 13.10.

ATTACHMENT 1

SECURITIES HELD
As of June 30, 2024

CITY OF RANCHO CORDOVA
Amortized cost Fair value Unrealized
gain
(loss)
Coupon Maturity/
Call date
Historical costCusip Total
accrued
interest
%
Port
cost
Par value or
shares
Description
Government Agencies
3135GAC90 0 .250 07/15/2024 500,000.00 500,000.00 (1,079.04) 572.92 0.77498,920.96500,000.00FANNIE MAE 0.25% 15JUL2024 CALLABLE 3130AL2A1 0.500 02/10/2025 1,002,860.00 1,000,000.00 (28,930.54) 1,944.44 08/10/2024

1.55971,069.461,000,000.00FEDERAL HOME LOAN BANK 0.5% 10FEB2025 (CALLABLE 10AUG24)
3137EAEX3 0.375 09/23/2025 1,017,610.00 1,043,148.33 (3,517.42) 1,111.46 1.571,039,630.911,100,000.00FREDDIE MAC 0.375% 23SEP2025 3133ENP95 4.250 09/30/2025 1,151,759.50 1,150,735.17 (10,167.31) 12,218.75 1.781,140,567.861,150,000.00FEDERAL FARM CREDIT BANK 4.25% 30SEP2025 3133EPYK5 5.125 10/10/2025 1,101,749.00 1,101,159.28 581.57 12,527.78 1.701,101,740.851,100,000.00FEDERAL FARM CREDIT BANK 5.125% 10OCT2025 3133EPMB8 4.125 12/08/2025 1,484,865.00 1,491,181.18 (9,228.74) 3,781.25 2.291,481,952.441,500,000.00FEDERAL FARM CREDIT BANK 4.125% 08DEC2025 3133EPCF0 4.500 03/02/2026 1,120,416.00 1,111,716.33 (17,951.16) 16,225.00 1.731,093,765.171,100,000.00FEDERAL FARM CREDIT BANK 4.5% 02MAR2026 3133EPHH1 4.000 04/28/2026 906,378.30 903,929.70 (17,047.14) 6,200.00 1.40886,882.56900,000.00FEDERAL FARM CREDIT BANK 4% 28APR2026 3130AN4T4 0.875 06/12/2026 903,900.00 937,068.84 (10,097.78) 437.50 1.39926,971.061,000,000.00FEDERAL HOME LOAN BANK 0.875% 12JUN2026 3130AWLZ1 4.750 06/12/2026 1,146,607.50 1,147,611.30 465.68 2,731.25 1.771,148,076.981,150,000.00FEDERAL HOME LOAN BANK 4.75% 12JUN2026 3133EPNG6 4.375 06/23/2026 1,000,360.00 1,000,237.01 (7,294.01) 850.69 1.54992,943.001,000,000.00FEDERAL FARM CREDIT BANK 4.375% 23JUN2026 3133ENV72 4.500 07/27/2026 998,761.20 999,313.00 (5,666.35) 19,125.00 1.54993,646.651,000,000.00FEDERAL FARM CREDIT BANK 4.5% 27JUL2026 10 ITEM 13.10.

ATTACHMENT 1

SECURITIES HELD
As of June 30, 2024

CITY OF RANCHO CORDOVA
Amortized cost Fair value Unrealized
gain
(loss)
Coupon Maturity/
Call date
Historical costCusip Total
accrued
interest
%
Port
cost
Par value or
shares
Description
Government Agencies
3130APJH9 1 .250 10/28/2026 1,178,866.00 1,225,469.68 (11,015.15) 2,798.61 07/28/2024

1.821,214,454.531,300,000.00FEDERAL HOME LOAN BANK 1.25% 28OCT2026 (CALLABLE 28JUL24) #0006
3133EPK79 4.375 12/07/2026 1,245,867.50 1,246,656.64 (5,929.29) 3,493.92 1.921,240,727.351,250,000.00FEDERAL FARM CREDIT BANK 4.375% 07DEC2026 3133ERGT2 4.500 06/11/2027 1,000,520.00 1,000,510.85 (2,613.93) 2,375.00 1.54997,896.921,000,000.00FEDERAL FARM CREDIT BANK 4.5% 11JUN2027 3130ATUS4 4.250 12/10/2027 1,206,438.70 1,204,599.07 (15,259.69) 2,833.33 1.861,189,339.381,200,000.00FEDERAL HOME LOAN BANK 4.25% 10DEC2027 3133EN5N6 4.000 01/06/2028 904,194.00 902,998.08 (19,166.07) 17,400.00 1.39883,832.01900,000.00FEDERAL FARM CREDIT BANK 4% 06JAN2028 3130ATS57 4.500 03/10/2028 1,014,989.00 1,011,069.06 (12,296.03) 13,750.00 1.56998,773.031,000,000.00FEDERAL HOME LOAN BANK 4.5% 10MAR2028 3130AWC24 4.000 06/09/2028 999,822.81 999,859.53 (13,164.25) 2,333.33 1.54986,695.281,000,000.00FEDERAL HOME LOAN BANK 4% 09JUN2028 3130AVBD3 4.500 03/09/2029 989,580.00 990,011.70 14,190.07 13,875.00 1.531,004,201.771,000,000.00FEDERAL HOME LOAN BANK 4.5% 09MAR2029 Total Government Agencies 20,875,544.51 20,967,274.75 20,792,088.17 (175,186.58) 32.18136,585.2321,150,000.00 Government Bonds
912828YE4 1 .250 08/31/2024 1,180,999.95 1,151,711.48 (9,741.26) 4,765.63 1.821,141,970.221,150,000.00USA TREASURY 1.25% 31AUG2024 912828YH7 1.500 09/30/2024 929,077.23 902,390.62 (11,179.68) 3,356.56 1.43891,210.94900,000.00USA TREASURY 1.5% 30SEP2024 91282CFQ9 4.375 10/31/2024 988,675.23 996,473.55 88.95 7,252.04 1.52996,562.501,000,000.00USA TREASURY 4.375% 31OCT2024 11 ITEM 13.10.

ATTACHMENT 1

SECURITIES HELD
As of June 30, 2024

CITY OF RANCHO CORDOVA
Amortized cost Fair value Unrealized
gain
(loss)
Coupon Maturity/
Call date
Historical costCusip Total
accrued
interest
%
Port
cost
Par value or
shares
Description
Government Bonds
91282CFX4 4 .500 11/30/2024 693,494.53 697,492.85 176.09 2,581.97 1.07697,668.94700,000.00USA TREASURY 4.5% 30NOV2024 912828YY0 1.750 12/31/2024 1,041,253.35 1,006,299.27 (23,877.39) 8,750.00 1.61982,421.881,000,000.00USA TREASURY 1.75% 31DEC2024 91282CGU9 3.875 03/31/2025 984,143.98 993,305.78 (3,120.23) 9,634.56 1.52990,185.551,000,000.00USA TREASURY 3.875% 31MAR2025 9128284M9 2.875 04/30/2025 965,862.73 984,716.16 (3,495.46) 4,765.63 1.49981,220.701,000,000.00USA TREASURY 2.875% 30APR2025 912828XZ8 2.750 06/30/2025 1,059,999.78 1,080,428.85 (5,594.21) 15,125.00 1.631,074,834.641,100,000.00USA TREASURY 2.75% 30JUN2025 912828Y79 2.875 07/31/2025 964,534.60 981,784.31 (4,831.19) 11,926.51 1.49976,953.121,000,000.00USA TREASURY 2.875% 31JUL2025 91282CAJ0 0.250 08/31/2025 1,279,250.00 1,355,742.27 (31,156.34) 1,160.33 1.971,324,585.931,400,000.00USA TREASURY 0.25% 31AUG2025 9128285J5 3.000 10/31/2025 739,660.72 745,642.86 (14,597.94) 3,729.62 1.14731,044.92750,000.00USA TREASURY 3% 31OCT2025 9128285N6 2.875 11/30/2025 962,347.10 978,158.79 (5,971.29) 2,356.56 1.48972,187.501,000,000.00USA TREASURY 2.875% 30NOV2025 9128286F2 2.500 02/28/2026 713,645.09 723,175.02 (1,124.23) 6,216.03 1.10722,050.79750,000.00USA TREASURY 2.5% 28FEB2026 912828YD6 1.375 08/31/2026 913,909.60 941,573.61 (9,268.92) 4,558.42 1.41932,304.691,000,000.00USA TREASURY 1.375% 31AUG2026 91282CCZ2 0.875 09/30/2026 899,612.73 931,119.92 (10,768.36) 2,175.55 1.39920,351.561,000,000.00USA TREASURY 0.875% 30SEP2026 12 ITEM 13.10.

ATTACHMENT 1

SECURITIES HELD
As of June 30, 2024

CITY OF RANCHO CORDOVA
Amortized cost Fair value Unrealized
gain
(loss)
Coupon Maturity/
Call date
Historical costCusip Total
accrued
interest
%
Port
cost
Par value or
shares
Description
Government Bonds
91282CDK4 1 .250 11/30/2026 906,487.73 934,415.14 (10,860.45) 1,024.59 1.40923,554.691,000,000.00USA TREASURY 1.25% 30NOV2026 91282CDQ1 1.250 12/31/2026 904,104.91 932,003.02 (10,167.08) 6,250.00 1.39921,835.941,000,000.00USA TREASURY 1.25% 31DEC2026 91282CEC1 1.875 02/28/2027 922,698.66 944,244.47 (11,353.85) 6,216.03 1.42932,890.621,000,000.00USA TREASURY 1.875% 28FEB2027 91282CET4 2.625 05/31/2027 1,031,253.68 1,046,597.50 (3,402.18) 2,366.80 1.591,043,195.321,100,000.00USA TREASURY 2.625% 31MAY2027 91282CEW7 3.250 06/30/2027 1,255,875.45 1,266,974.45 (12,626.80) 21,125.00 1.941,254,347.651,300,000.00USA TREASURY 3.25% 30JUN2027 91282CFB2 2.750 07/31/2027 563,791.07 569,619.03 99.72 6,844.78 0.87569,718.75600,000.00USA TREASURY 2.75% 31JUL2027 91282CFU0 4.125 10/31/2027 843,893.47 845,223.02 (4,752.32) 5,811.99 1.30840,470.70850,000.00USA TREASURY 4.125% 31OCT2027 91282CHA2 3.500 04/30/2028 970,628.35 971,001.19 (3,735.57) 5,801.63 1.50967,265.621,000,000.00USA TREASURY 3.5% 30APR2028 91282CHX2 4.375 08/31/2028 2,105,010.94 2,104,616.86 (7,077.81) 30,458.56 3.252,097,539.052,100,000.00USA TREASURY 4.375% 31AUG2028 91282CJF9 4.875 10/31/2028 1,275,297.16 1,273,951.41 (611.56) 10,101.05 1.971,273,339.851,250,000.00USA TREASURY 4.875% 31OCT2028 Total Government Bonds 25,095,508.04 25,358,661.43 25,159,712.07 (198,949.36) 38.69184,354.8425,950,000.00 Grand total 64,864,046.24 65,426,185.62 (555,113.64)66,666,614.21 100.00502,920.4264,871,071.98 13 ITEM 13.10.

ATTACHMENT 1

MEMORANDUM

City Council Staff Report - Page 1 of 2

ITEM 14.1.

DATE: September 3, 2024

TO: Honorable Mayor and Council Members

FROM: Dalia Fadl, Principal Engineer

SUBJECT: A RESOLUTION DECLARING A PROTEST HEARING AND

AUTHORIZING THE MAILING OF PROPERTY OWNER BALLOT

RELATING TO THE IMPOSITION OF THE ANNUAL STORMWATER

UTILITY FEE FOR THE PRESERVE PROJECT

RECOMMENDATION

Adopt the Resolution.

RESULT OF RECOMMENDED ACTION

Adoption of the Resolution would declare the results of the property owner's protest and, if there exists less than a majority protest, authorize the mailing of a ballot to the property owner to approve the levy of the fee to pay for maintenance of storm drainage, low impact development, and flood protection facilities for the Preserve project. The action also sets 1:30 p.m. on September 24, 2024, in the office of the City Clerk, as the time and date for the ballot tabulation for the matter.

BACKGROUND

The Preserve project has a condition of approval which requires funding for operation and maintenance of the storm drainage system. This condition will be satisfied by participation in the new Stormwater Utility Fee for storm drainage and flood protection services, which is the subject of tonight’s action. The property owner of the Preserve project has requested the City annex the project to the City’s Stormwater Utility Fee pursuant to the California Health and Safety Code section 5471 et seq. to provide the method of financing for storm drainage, low impact development, and flood protection services required to meet the condition. On August 5, 2024, Council adopted a resolution which established Procedures for the Conduct of a Protest Hearing and Balloting Relating to a Stormwater Utility Fee (the “Procedures”) and designated September 3, 2024, at 5:30 p.m. as the time and place for hearing protests in connection with the annual Stormwater Utility Fee for the Preserve project.

DISCUSSION
The property owner has submitted a petition and waiver for the City to institute the proceedings to participate in the Stormwater Utility Fee. This annexation to the Stormwater Utility Fee will include the project generally known as the Preserve project, see Attachment 2. The maintenance services to be funded include the furnishing of services and materials for the ordinary and usual operation, maintenance, and servicing of the storm drain, low impact

City Council Staff Report - Page 2 of 2

development, and flood protection systems.

Attachment 1 is the Resolution declaring the results of the property owner's protest and authorizing the mailing of the property owner ballot, as required by Article XIII D of the California Constitution (also known as Proposition 218). The Resolution sets forth the tabulation of ballots on September 24, 2024, at 1:30 p.m. in the office of the City Clerk. The results of the mailed ballot election will be presented to City Council at their regularly scheduled meeting on October 7, 2024, and additional actions will be recommended based on the ballot results.

City Council has caused to be prepared a written report entitled, "Rate Analysis Report for Low Impact Development Stormwater Utility Fee- SWUII w LID", dated March 2024, (the "Rate Analysis Report") prepared by Harris & Associates and filed with the City Clerk containing a description of each parcel of real property within the City to which the Proposed Enhanced Stormwater Utility Fee w LID is applicable, and the amount of the Proposed Enhanced Stormwater Utility Fee for each parcel for Fiscal Year 2024-2025, see Attachment 3. The maximum annual fee will increase each subsequent Fiscal Year by the annual change in the Consumer Price Index (CPI), during the preceding year, for All Urban Consumers, for the San Francisco-Oakland-San Jose areas, published by the United States Department of Labor, Bureau of Labor Statistics. A sample of the Stormwater Utility Fees for Fiscal Year 2024-2025 is summarized in Attachment 4.

FISCAL IMPACT AND FUNDING SOURCE

There is no impact on the City’s General Fund. Funds collected by this fee will pay for maintenance of storm drainage, low impact development, and flood protection facilities.

ATTACHMENT(S)

1. Resolution

2. Annexation Boundary Map

3. Rate Analysis Report

4. Stormwater Utility Fee- Rate Sheet FY24-25_The Preserve