Rancho Cordova City Council
November 17, 2025

CONTRACT NO. 2025-236

General Services Agreement between
City of Rancho Cordova and K&K JL Services, Inc. Page 2 of 7 Revised 06/2025
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 Contractor only insofar as the results of Contractor's services rendered pursuant to this Agreement and assignment of personnel; however, otherwise City shall not have the right to control the means and methods by which Contractor accomplishes services rendered pursuant to this Agreement. Contractor shall have no power or authority by this Agreement to bind the City in any respect. All employees and agents hired or retained by Contractor are employees and agents of Contractor and not of the City. The City shall not be obligated in any way to pay any wage claims or other claims made against Contractor 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, Contractor 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. Contractor shall not allow any employee, agent or subcontractor to become eligible for a claim for PERS benefits.

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

Contractor shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever.

SECTION 7. INSURANCE REQUIREMENTS. Prior to beginning any Services under this Agreement, Contractor, at its own cost and expense, shall procure insurance coverage at such levels of coverage, scope, limits, and/or forms as set forth in Exhibit C (“Insurance Requirements”) hereto. Contractor shall provide proof satisfactory to City of such insurance and maintain the insurance throughout the term of this Agreement.

SECTION 8. INDEMNIFICATION AND CONTRACTOR’S RESPONSIBILITIES.

8.1 General Requirement. Contractor shall indemnify, defend with counsel selected by the City, and hold harmless 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 Services performed pursuant to this Agreement caused in whole or in part by any negligent or willful act or omission of Contractor, its officers, agents, employees, or anyone directly or indirectly acting on behalf of Contractor. The foregoing obligation of Contractor 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 Contractor 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 Contractor 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 ITEM 9.3.

ATTACHMENT 2

CONTRACT NO. 2025-236

General Services Agreement between
City of Rancho Cordova and K&K JL Services, Inc. Page 3 of 7 Revised 06/2025
endorsements required under this Agreement does not relieve Contractor 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, Contractor acknowledges and agrees to the provisions of this Section and that it is a material element of consideration.

8.2 PERS Indemnification. In the event that Contractor or any employee, agent, or subcontractor of Contractor providing Services under this Agreement is determined by a court of competent jurisdiction of the California Public Employees Retirement System (“PERS”) to be eligible for enrollment in PERS as an employee of City, Contractor 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 Contractor 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.

8.3 Prevailing Wages. To the extent required by law, Contractor and all of the Contractor’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 Contractor shall, and hereby agrees to, unconditionally indemnify, reimburse, defend, protect and hold harmless the City i ts officers, agents, employees and representatives, 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 selected by the City), 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 or performance of the Services, 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 City or the Contractor 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 City do es not, and shall not, waive any rights against the Contractor which they may have by reason of this indemnity and hold harmless agreement because of the acceptance by the City, or the deposit with the City by the Contractor, of any of the insurance policies described in this Agreement.

ITEM 9.3.

ATTACHMENT 2

CONTRACT NO. 2025-236

General Services Agreement between
City of Rancho Cordova and K&K JL Services, Inc. Page 4 of 7 Revised 06/2025
SECTION 9. NONDISCRIMINATION AND EQUAL OPPORTUNITY. Contractor 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 Contractor under this Agreement. Contractor 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 Contractor thereby. Contractor shall include the provisions of this section in any subcontract approved by the City.

SECTION 10. TERMINATION AND MODIFICATION. No modification or amendment of this Agreement is effective unless made in writing and signed by both the City and Contractor.

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

Contractor may cancel this Agreement upon 60 days’ written notice to City and shall include in such notice the reasons for cancellation.

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

10.2 Extension. City may, in its sole and exclusive discretion, extend the end date of this Agreement beyond that provided for in Section 2. Any such extension shall require a written amendment to this Agreement, as provided for herein. Contractor understands and agrees that, if City grants such an extension, City shall have no obligation to provide Contractor with compensation beyond the maximum amount provided for in this Agreement. Similarly, unless authorized by the Contract Administrator, City shall have no obligation to reimburse Contractor for any otherwise reimbursable expenses incurred during the extension period.

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

10.4 Assignment and Subcontracting. Contractor shall not assign or transfer any interest in this Agreement without the prior written consent of the City.

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

10.5.1 Immediately terminate the Agreement;
ITEM 9.3.

ATTACHMENT 2

CONTRACT NO. 2025-236

General Services Agreement between
City of Rancho Cordova and K&K JL Services, Inc. Page 5 of 7 Revised 06/2025

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

10.5.3 Retain a different Contractor to complete the services described in Exhibit A not finished by Contractor; and

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

SECTION 11. ASSIGNMENT AND SUBCONTRACTING. Contractor shall not assign or transfer any interest in this Agreement without the prior written consent of the City.

SECTION 12. NOTICES. All notices that are regarding this Agreement shall be in writing and shall be deemed to have been given if delivered personally or enclosed in a properly addressed envelope and deposited in a United States Post Office for delivery by registered or certif ied mail addressed to the parties at the following addresses:

Any written notice to City shall be sent to:

ATTN: Maria Lopez, O&M Division Manager
City of Rancho Cordova
Operation & Maintenance Division
3303 Luyung Drive
Rancho Cordova, CA 95742
[email protected]

Any written notice to Contractor shall be sent to:

ATTN: Krishal Sharma, VP
K&K JL Services, Inc
1320 Willow Pass Rd., Ste 600
Concord, CA 94520
[email protected]

SECTION 13. CONFLICT OF INTEREST. Contractor may serve other clients, but none whose activities within the c orporate limits of City or whose business, regardless of location, would place Contractor in a “conflict of interest,” as that term is defined in the Political Reform Act, codified at California Government Code Section 81000 et seq.

Contractor 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.

ITEM 9.3.

ATTACHMENT 2

CONTRACT NO. 2025-236

General Services Agreement between
City of Rancho Cordova and K&K JL Services, Inc. Page 6 of 7 Revised 06/2025
Contractor 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 Contractor was an employee, agent, appointee, or official of the City in the previous twelve months, Contractor warrants that it did not participate in any manner in the forming of this Agreement. Contractor understands that, if this Agreement is made in violation of Government Code §1090 et seq., the entire Agreement is void and Contractor will not be entitled to any compensation for services performed pursuant to this Agreement, including reimbursement of expenses, and Contractor will be required to reimburse the City for any sums paid to the Contractor. Contractor 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.

SECTION 14. GOVERNING LAW AND VENUE. The laws of the State of California shall govern this Agreement. Venue for any action regarding this Agreement shall be in the Superior Court of the County of Sacramento or in the United States District Court for the Eastern District of California.

SECTION 15. ATTORNEYS’ FEES. If a Party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provisions 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.

SECTION 16. 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.

SECTION 17. NO IMPLIED WAIVER OR BREACH. The waiver of any breach of a specific provision of this Agreement does not constitute a waiver of any breach of that term or any other term of this Agreement.

SECTION 18. SURVIVAL. The obligation of this Agreement, which by their nature would continue beyond the term or expiration of the Agreement, including without limitation obligations regarding indemnification shall survive the term or expiration of this Agreement.

SECTION 19. IRS FORM W-9. Contractor shall complete and submit Internal Revenue Service Form W-9 to the City before execution of this Agreement. This City’s Finance Director shall have authority to waive this requirement.

SECTION 20. 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.

SECTION 21. ENTIRE AGREEMENT. This Agreement, including the scope of work attached hereto and incorporated herein as Exhibit A, the special provisions attached hereto and incorporated herein as Exhibit B, and the insurance requirements attached hereto and incorporated herein as Exhibit C, represents the entire and integrated Agreement between City and Contractor and supersedes all prior negotiations, representations, and Agreements regarding the subject matter of this Agreement, either written or oral.

ITEM 9.3.

ATTACHMENT 2

CONTRACT NO. 2025-236

General Services Agreement between
City of Rancho Cordova and K&K JL Services, Inc. Page 7 of 7 Revised 06/2025
IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year set forth above, which date shall be considered the effective date of this Agreement.

CITY OF RANCHO CORDOVA CONTRACTOR

______________________________ ______________________________ Micah Runner, City Manager Krishal Sharma, Vice President

Date: __________________ Date: __________________

Attest:

______________________________
Stacy Leitner, CMC, City Clerk

Date: __________________

Approved as to Form:

______________________________
Adam U. Lindgren, City Attorney

Date: _________________

ITEM 9.3.

ATTACHMENT 2

CONTRACT NO . 2025-236
General Services Agreement between
City of Rancho Cordova and K&K JL Services, Inc. - Exhibit A Page 1 of 19 Revised 06/2025

EXHIBIT A

SCOPE OF SERVICES
ITEM 9.3.

ATTACHMENT 2

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Section 2 - Scope of Services

2.1. WORK GUIDANCE
All work to be done by any Proposer selected to perform the work outlined in this RFP shall be guided by:
• The County of Sacramento, Municipal Services, Standard Construction Specifications https://saccountyspecs.saccounty.gov/Pages/default.aspx • The Standard Specifications, State of California, California State Transportation Agency, Department of Transportation
http://ppmoe.dot.ca.gov/hq/esc/oe/construction_contract_standards/std_specs/2018_ StdSpecs/2018_StdSpecs.pdf, and
• This RFP.

A preliminary copy of the City’s contract for Landscape Maintenance Services is attached to this RFP as "Sample Contract". The contract shall bind the selected Proposer to perform work in accordance with this RFP.

2.2. DESCRIPTION OF WORK EXPECTATIONS
All Proposers accept and confirm by submission of a signed proposal in response to this RFP, that work to be performed by the selected Contractor is comprised of landscape maintenance services in the Mather Commerce Area.

The City’s expectations from the selected Contractor include, but are not limited to:
• Workmanship: All materials and workmanship shall be of a quality that is equal or superior to any similar work considered by industry cont ractors to be best practice. All work completed by the selected Contractor shall be subject to inspection prior to payment being authorized. All work shall be conducted in a manner that least interferes with the operation and public usage of City owned facilities. • Safety: All services, supplies, and equipment must comply with the California Safety Division of Industrial Safety Orders and O.S.H.A. The Contractor shall plan and conduct the work in a manner that will safeguard all persons from injury and shall take all precautions required by applicable regulations of the State Department of Industrial Regulations. The Contractor’s employees shall wear O.S.H.A. approved safety vests and personal protective equipment at all times during contract work. • Hazards and Vandalism: Any hazards or acts of vandalism shall be reported immediately to the Contract Manager and then followed up in writing. Hazards shall be remedied by the Contractor after approval is obtained from the Contract Manager. Hazards that create life-threatening situations or potential for bodily harm shall be remedied immediately by the Contractor.
• Response: The selected Contractor will be required to be able to respond to any location with no more than a ninety (90) minutes delay in response time. A communications system shall be in place which provides the City ability to contact the Contractor in an emergency twenty -four (24) hours a day, seven days a week. Failure to adequately respond can result in immediate termination of the remainder of the contract.

General Services Agreement between
City of Rancho Cordova and K&K JL Services, Inc. - Exhibit A CONTRACT NO. 2025-236
ITEM 9.3.

ATTACHMENT 2

Page | 9

• City Policy: The selected Contractor shall be aware of, and shall comply with, City ordinances governing Landscape Maintenance Services.
• Equipment: The selected Contractor must furnish all tools and equipment needed to provide a high level of workma nship, to ensure continuous and safe operation, and complete work in accordance with the current City standard specifications. The City may require demonstration of equipment during the selection process of this RFP. • Experience: The selected Contractor sha ll have experience in the use of professional equipment systems for Landscape Maintenance Services. In the event the Contractor’s staff is not experienced and City property is damaged as a result of the Contractor’s inability, the Contractor shall be respo nsible for repair or replacement. The City may require a demonstration of such experience during the selection process of this RFP.

The City may make periodic inspections of all facilities covered by this agreement at periodic intervals. The purpose of these inspection tours shall be to evaluate the effectiveness, adequacy and acceptability of the Contractor’s performance in Landscape Maintenance Services in accordance with the provisions of this agreement. The City may, during the periodic inspection tours, identify and communicate to the Contractor, areas of unsatisfactory work or of inadequate performance by the Contractor. The result of each inspection shall be made available to the Contractor in writing. The Contractor shall correct such identified uns atisfactory work or inadequate performance within forty-eight (48) hours and shall submit in a written report to the City reflecting such corrective actions.

2.3. PESTICIDE APPLICATION AND WEED CONTROL
Weed control is an integral part of the landscape maintenance services required under this contract. The Contractor shall be responsible for the safe and lawful application of herbicides and other pesticides as necessary to maintain landscaped areas in a weed-free and healthy condition.

All pesticide applications shall comply with applicable federal, state, and local regulations, including those established by the California Department of Pesticide Regulation (DPR).

The Contractor shall possess and maintain, throughout the term of the contract, the appropriate DPR credentials, including a valid Qualified Applicator License (QAL) or Qualified Applicator Certificate (QAC) in Category B – Landscape Maintenance.

Copies of these certifications shall be submitted with the proposal and maintained in good standing for the duration of the contract.

If the Contractor intends to subcontract any portion of the pesticide application work, the subcontractor must also possess and maintain a valid QAL or QAC in Category B – Landscape Maintenance, and the Contractor shall provide the same documentation at the time of proposal submission.

2.3.1 Recordkeeping and Reporting
The Contractor shall maintain detailed records of all pesticide applications performed under General Services Agreement between
City of Rancho Cordova and K&K JL Services, Inc. - Exhibit A CONTRACT NO. 2025-236
ITEM 9.3.

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this contract in accordance with Title 3, California Code of Regulations, Section 6624 and all other applicable DPR recordkeeping requirements.

Records shall include, at a minimum:
• The date and time of application; and
• The exact location of application; and
• The product name, U.S. EPA registration number, and concentration or quantity applied; and
• The target pest or weed; and
• The name and DPR license or certificate number of the individual who performed or supervised the application.

Records shall be maintained for a minimum of two (2) years and made available to the City upon request. The Contractor shall submit copies of these records to the City on a monthly basis, or at another frequency as mutually agreed upon in writing by the City and Contractor.

In addition, the Contractor shall maintain documentation of all annual pesticide handler and applicator training, as required under Title 3, California Code of Regulations, Section 6724, including records of training content, dates, and attendees. Copies of these annual training records shall be provided to the City upon request and no less than once per year during the contract term.

2.4. TURF MAINTENANCE

2.4.1 Turf Mowing, Trimming, and Edging
All turf shall be mowed to maintain a uniform height of no more than 2-1/2 inches. Turf shall be mowed one time per week between March 1 and October 31 of each calendar year. Between November 1 and February 28 of the following calendar year, turf shall be mowed one time every other week. Any changes in schedule due to weathe r conditions or equipment operation must be pre -approved by the Contract Manager. Mowing shall be done only by properly adjusted mowing equipment with sharp cutting edges.

The Contractor shall use walk -behind mowers for all mowing of turf unless otherwis e specified or approved. Riding mowers may be permitted for use in large, open turf areas where their operation can be demonstrated to provide an equal or superior quality of cut without damaging turf or adjacent improvements. The use of riding mowers is s ubject to prior approval by the Contract Manager and may be revoked at any time if their performance, maneuverability, or impact on site appearance is deemed unsatisfactory.

Bruising or rough cutting the grass will not be permitted. The Contractor shall remove all paper, rubbish or debris from each turf area prior to mowing. All grass clippings shall be picked up and removed from the site. Grass clippings and leaves shall be cleaned out of gutters and shall not at any time be blown on to streets or sidewalks.

Grasscycling (the practice of recycling grass clippings back into the turf) is permitted, provided that clippings are finely mulched and not visible as clumps or windrows. In high -visibility areas, General Services Agreement between
City of Rancho Cordova and K&K JL Services, Inc. - Exhibit A CONTRACT NO. 2025-236
ITEM 9.3.

ATTACHMENT 2

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such as business park entrances, community plazas, or other areas designated by the City, the Contract Manager reserves the right to require clippings to be collected and removed if they detract from the site’s appearance or create debris.

All turf shall be mechanically edged along the entire perimeter. Turf shall be edged on the same schedule as mowing; weekly March 1 and October 31, bi -weekly November 1 and February 28.

Trimming around irrigation heads shall be done as necessary to provide proper water coverage and head operation. String edgers may be used as needed around poles, against soundwalls, and around controller enclosures, vaults, etc.

Tree wells in turf areas shall have a minimum 18 -inch radius from tree trunk, clear and void of turf and weeds. Chemical sprays or string edgers may be used, b ut care shall be taken not to damage tree trunks or exposed roots. Damage to trees from trimming activities may result in the Contractor replacing the tree at the Contractor’s expense.

2.4.2 Turf Fertilization
The Contractor shall provide all materials, equipment, and labor to implement and maintain a turf fertilization program. The Contractor shall apply fertilizer as necessary to always maintain green and healthy turf. The Contractor shall determine the schedu le, application rates and appropriate percentages of nitrogen, potash, and phosphoric acid to always maintain green and healthy turf. The Contractor shall also apply a pre -emergent in the Spring and Fall to prevent all weeds in the turf, including but not limited to, crabgrass and poa annua. No ammonium nitrate of like fertilizers shall be used at any time. All fertilizer products landing on any hardscape surface shall be removed immediately. The Contractor shall adjust irrigation schedules in accordance with manufacturer specifications to achieve maximum benefits from the application of fertilizers and weed control products.

An annual turf fertilization plan shall be included in the Draft/Initial Schedule of Duties as required in Section 5.8. The Contract or shall maintain detailed records of the turf fertilization program for inspection by City staff upon request, including all dates, locations, products used and application rates.

2.4.3 Turf Aeration
All turf areas shall be aerated two times per year, i n April and September. A coring-type aerator shall be used, and all sprinkler heads must be flagged prior to aeration. The Contractor shall provide all materials, equipment, and labor required for aeration. Turf aeration shall be included on the Draft/Initial Schedule of Duties as required in Section 5.1.4

2.4.4 Turf Watering
Turf shall be watered at such frequency as weather conditions require to replenish soil moisture below root zone. Normally, a total of 1 -1/2 inches of water is needed weekly in hot w eather.

Water conservation is always to be of prime concern. The Contractor is responsible for promptly notifying the Contract Manager of any needed irrigation adjustments and the need to correct any over or under-watering conditions.

General Services Agreement between
City of Rancho Cordova and K&K JL Services, Inc. - Exhibit A CONTRACT NO. 2025-236
ITEM 9.3.

ATTACHMENT 2

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2.4.5 Turf Weed Control
The turf areas shall always be kept free of weeds during the entire term of the contract. Weeding may be done manually or by the use of selective weed killers as recommended by a Pest Control Advisor. Extreme caution not to damage any other plants shall be observed when selective weed killers are used. If a chemical application is used, it shall only be done following State and Federal Pesticide/Hazardous Chemical regulations. Should damage to plants and/or turf occur, the Contractor shall replace those plants and/or turf at the Contractor’s expense.

Weeds that reach a height of 4 inches or more shall be manually removed or hand pulled.

Chemical spraying shall not be permitted for weeds exceeding 4 inches in height. All weed debris shall be removed from the area.

The City reserves the right to require the selected Contractor to consult with a Turf Consultant to prepare fertilization, pesticide, and weed control program, should the chosen Contractor not have staff with adequate turf expertise.

2.5. TREES, SHRUBS, AND PLANTING AREA MAINTENANCE

2.5.1 Tree Pruning
Pruning of city trees shall be performed as necessary to (1) raise the lower branches to maintain a 15 feet clearance above streets and roadways; (2) raise the lower branches to maintain a 7 feet clearance above sidewalks and walkways; (3) to remove suckers, water sprouts, and other undesirable growth; (4) remove all dead or damaged branches; (5) eliminate visibility obstructions at corners or intersections, and (6) to clear obstructions of traffic signals.

All pruning shall be done by certified professional personnel using the Western Chapter of the International Society of Arboriculture pruning standards, approved methods, and techniques.

Excessive pruning, stubbing back, or topping will not be permitted. All pruning cuts shall be made beyond, and close to, the branch collar ring. Trees shall be cleanly cut with no tearing of the bark.

Trees shall be allowed to take their natural shape whenever possible. The Contractor shall provide replacement trees, at the Contractor’s expense, if trees are “topped” or if the Western Chapter of the International Society of Arboriculture pruning standards are not met. The replacement tree(s) shall be replaced in size and kind of the damaged tree unless otherwise directed by the Contract Manager.

The selected Contractor should understand that the City will reserve the right to contract separately for costs associated with tree pruning.

The Contractor may be called upon to respond for emergency removal of any down limb(s) and/or tree from the landscape areas during regular business hours.

2.5.2 Shrub Pruning
The following shrubs shall be pruned one time per year as directed by the Contract Manager to a height of 6 inches above the base of the plant of the finished grade:
• Daffodils - Pruning shall consist of leaf cleanup once per year only as directed. • Deites
General Services Agreement between
City of Rancho Cordova and K&K JL Services, Inc. - Exhibit A CONTRACT NO. 2025-236
ITEM 9.3.

ATTACHMENT 2

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• Hemerocallis - dead foliage removal as needed for aesthetic purposes. • Hybrid Roses Varieties - Shall be pruned in February to less than 12 inches. • Lantana - Shall be pruned in November to be less than 12 inches. • Muehlenbergia - Shall be pruned in November to 6 inches in height. • Pennisetum - Shall be pruned every February without direction. • Penstemon - Shall be pruned prior to November to less than 12 inches of above woody tissue.
• Romneya - Shall be prunded in November 50% or as directed.

Pruning of other shrubs shall be performed three times per year to shape, particularly to correct miss-shaping.

Pruning of shrubs shall be performed to (1) raise the lower branches of shrubs above vehicle obstruction height wherever they overhang medians and roadways; (2 ) where they encroach onto the walkways and paved areas; (3) remove suckers, water sprouts, and other undesirable growth on shrubs; (4) remove all dead or damaged branches; and branches that are rubbing on walls and fences; (5) eliminate any visibility obstructions at corners or intersections.

Shrubs shall be pruned to ensure proper growth and control. All pruning shall be done by qualified professional personnel using approved methods and techniques. Shrubs shall be cleanly cut with no tearing of the bar k. Shrubs are to be allowed to take their natural shape whenever possible. Shearing or “boxing” will not be permitted unless specifically directed by the Contract Manager. The Contractor shall provide replacement shrubs, at the Contractor’s expense, if shrubs are damaged. Under no circumstances will stripping of the lower branches (“raising -up”) of shrubs be permitted.

2.5.3 Tree Staking
The Contractor shall maintain existing stakes, ties, and protective devices, providing replacements at all times during the entire contract term, on all young trees until such time as they are no longer needed for support. The Contractor shall remove the stakes at this time, at no additional cost. Special care shall be taken to avoid any damage to tree trunks or branches by ties and stakes. Staked trees shall be inspected as needed to prevent such damage. The Contractor shall replace any plant material damaged due to negligence and/or lack of proper inspection at the Contractor’s expense.

Trees shall be tied to stakes usi ng only two broad ties of flexible material unless the Contractor obtains prior approval by the Contract Manager to use an optional method.

2.5.4 Planting Area Fertilization: The Contractor shall provide all materials, equipment, and labor to implement a nd maintain a fertilizer program for planting areas. The Contractor shall apply fertilizer as necessary to maintain all plants and shrubs in a healthy and vigorous condition. The Contractor shall determine the schedule, application rates and appropriate pe rcentages of nitrogen, potash, and phosphoric acid to maintain plants and shrubs in a healthy and vigorous condition. The Contractor shall also apply a pre -emergent in the Spring and Fall to prevent all weeds in the planting areas, including but not limited to crabgrass and poa annua. No ammonium General Services Agreement between
City of Rancho Cordova and K&K JL Services, Inc. - Exhibit A CONTRACT NO. 2025-236
ITEM 9.3.

ATTACHMENT 2

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nitrate or like fertilizers shall be used at any time. All fertilizer products landing on any hardscape surface shall be removed immediately. The Contractor shall adjust irrigation schedules in accordance with manufacturer specifications to achieve maximum benefit from the application of fertilizers and weed control products.

An annual planting area fertilization plan shall be included in the Draft/Initial Schedule of Duties as required in Section 5.1.4. The Contr actor shall maintain detailed records of the planting area fertilization program for inspection by City staff upon request, including all dates, locations, products used and application rates.

2.5.5 Annual / Color Plantings
Annual plantings shall be replaced three (3) times per year as directed by the Contract Manager.

Annuals shall be planted not less than 6 inches, nor shall they be planted more than 8 inches apart. Annuals shall be approved by the Contract Manager prior to planting. The Contractor shall be responsible to ensure that the beds remain in good condition throughout the contract term.

The Contractor shall remove spent annuals from the site.

2.5.6 Annual / Color Fertilization
Feftilizer shall be applied six (6) times per year. Fertilizer shall be homogenized time -release pellet type, balance by weight for seasonal needs or as directed/approved by the Contract Manager. Each application shall be at a rate of 2 pounds per 1,000 square feet. The Contractor shall removal all fertilizers that do not remain in the target area, for example sidewalk, gutters, hardscape. The fertilizers that do not remain in the targeted area shall be collected, reused or disposed of per County of Sacramento regulations. The Contractor shal l provide an annual fertilization schedule to be approved by the Contract Manager.

All fertilizers shall be watered into the soil within three (3) days of application and/or per manufacturer's specifications. Where drip systems exist, the fertilizer shal l be watered into the soil within three (3) days of application, using a hose if necessary or water truck if necessary. The Contractor may use dissolvable fertilizer tablets deposited into the wy -filter with prior approval of the Contract Manager.

It is recommended that the Contractor have a Pest Control Advisor/Intergrated Pest Management Consultant prepare a fertilizer, pesticide and weed control program.

2.5.7 Weed Control
The landscaped areas shall always be kept free of weeds during the entire term of the contract.

Weeding may be done manually or by the use of selective weed killers as recommended by a Pest Control Advisor. Extreme caution not to damage any other plants shall be observed when selective weed killers are used. If a chemical application is used it shall only be done in accordance with State and Federal Pesticide/Hazardous Chemical regulations. Should damage to plants occur, the Contractor shall replace those plants at no cost to the City. Tree wells shall always be kept free of weeds. The tree well shall be considered the drip line of the specific tree.

Weeds in excess of 4 inches in height shall be manually removed. Chemical spraying shall not be General Services Agreement between
City of Rancho Cordova and K&K JL Services, Inc. - Exhibit A CONTRACT NO. 2025-236
ITEM 9.3.

ATTACHMENT 2

Page | 15

permitted for weeds exceeding 4 inches in height. All weed debris shall be removed from t he area.

It is recommended that the Contractor have a Pest Control Advisor/Intergrated Pest Management Consultant prepare a fertilizer, pesticide and weed control program.

Cultivation of the annual bed(s) shall be limited to keeping the soil from crusting and to removing any weeds.

2.6. GROUNDCOVER AND VINE MAINTENANCE

2.6.1 Groundcover and Vine Pruning
Groundcovers and vines shall be pruned one (1) time per year and shall be included on the Draft/Initial Schedule of Duties as required in Section 5.1.4.

Vines shall be pruned to within 4 inches of the face and top of the soundwall, as directed by the Contract Manager.

Hypericum shall be mown one (1) time in February, to a height of 3 inches . The mower shall be sharp; tearing or shredding of stems will not be allowed. The Contractor shall replace damaged material at their cost.

2.6.2 Groundcover and Vine Edging
Groundcovers and vines shall be edged two (2) times per month, along sidewalks, mow strips, and edges between groundcover and other plant material types throughout the contract term.

Proposers shall include a groundcover and vine edging schedule on the Draft/Initial Schedule of Duties as required in Section 5.1.4.

Vines shall be edged/pruned at the bottom of the soundwall to eliminate horizontal growth into planting areas, as directed by the Contract Manager. Extreme care shall be taken to protect vine bases and shrubs, the replacement for vines or shrubs damaged due to the Contractor’s activities shall be the Contractor’s responsibility.

2.6.3 Groundcover and Vine Fertilization
The Contractor shall provide all materials, equipment, and labor to implement and maintain a groundcover and vine fertilization program. T he Contractor shall apply fertilizer as necessary to always maintain green and healthy groundcover and vines. The Contractor shall determine the schedule, application rates, and appropriate percentages of nitrogen, potash and phosphoric acid to always main tain green and healthy groundcover and vines. No ammonium nitrate or like fertilizers shall be used at any time. All fertilizer products landing on any hardscape surface shall be removed immediately. The Contractor shall adjust irrigation schedules in acc ordance with manufacturer specifications to achieve maximum benefit from the application of fertilizers and weed control products.

An annual groundcover and vine fertilization plan shall be included in the Draft/Initial Schedule of Duties as required in Section 5.1.4. The Contractor shall maintain detailed records of the General Services Agreement between
City of Rancho Cordova and K&K JL Services, Inc. - Exhibit A CONTRACT NO. 2025-236
ITEM 9.3.

ATTACHMENT 2

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groundcover and vine fertilization program for inspection by City staff upon request, including all dates, locations, products used, and application rates.

2.6.4 Weed Control
The landscaped areas shall always be kept free of weeds during the entire term of the contract.

Weeding may be done manually or by the use of selective weed killers as recommended by a Pest Control Advisor. Extreme caution not to damage any other plants shall be obs erved when selective weed killers are used. If a chemical application is used, it shall only be done in accordance with State and Federal Pesticide/Hazardous Chemical regulations. Should damage to plants occur, the Contractor shall replace those plants at no cost to the City.

In Mitigation areas, enclosures shall be considered planting areas and shall always be kept free of weeds. Where enclosures do not exist, maintained wells are considered to be a 3 -inch diameter circle from the center point of the plant.

Weeds that reach a height of 4 inches or more shall be manually removed, or hand pulled.

Chemical spraying shall not be permitted for weeds exceeding 4 inches in height. All weed debris shall be removed from the area.

It is recommended that the Con tractor have a Pest Control Advisor/Intergrated Pest Management Consultant prepare a fertilizer, pesticide and weed control program.

2.6.5 Litter Removal in Landscaped Area
Landscaped areas shall be kept free of all litter, i.e., paper, rubbish, and debris, at a minimum of one time per week during the entire contract term. No debris shall be blown onto roadways or walkways. All litter removed shall be disposed of at the Contractor’s expense.

In Mitigation areas, enclosures shall be considered planting a reas and shall be kept free of litter at a minimum of one time per week. Where enclosures do not exist, maintained wells are considered to be a 3 feet diameter circle from the center point of the plant.

All mulch, bark, and decomposed granite shall be ke pt within the planter area and clean from walks and gutters.

Any hazardous material or unusual and/or unknown materials shall be reported to the City at 916-851-8710, or to the County of Sacramento Hazardous Materials Division at 916-875-8550.

2.6.6 Litter Removal in Paved, Decomposed Granite & Rock Blanket Areas Sidewalks, curbs, gutters, pavers, paved areas, decomposed granite (dg) and rock blanket areas adjacent or within site shall be kept free of all litter, i.e., paper, rubbish and debris, one (1) time per week during the entire contract term. No debris or cuttings shall be blown onto roadways or walkways. All litter removed shall be disposed of at the Contractor’s expense.

2.6.7 Cuttings and Trimmings Removal
All cuttings, trimmings, and leaf debris shall be removed from the sites upon cutting or trimming General Services Agreement between
City of Rancho Cordova and K&K JL Services, Inc. - Exhibit A CONTRACT NO. 2025-236
ITEM 9.3.

ATTACHMENT 2

Page | 17

during the entire contract term. No debris or cuttings shall be blown onto roadways or walkways.

All street gutters shall be kept free of leaves. All organic materials and debris collected during landscape maintenance activities, including grass clippings, leaves, and shrub and tree trimmings, shall not be sent to a landfill. All organic waste shall be diverted from landfill disposal through composting, incineration, land spreading, or any other method in compliance with State and local laws and regulations. The Contractor shall provide proof of compliance with this requirement upon request by the City. Cuttings and trimmings shall not be left on any grounds for a period of more than twenty-four (24) hours.

2.6.8 Weed Control in Paved, Decomposed Granite & Rock Blanket Areas Sidewalks, curbs, gutters, pavers, paved areas, decomposed granite (dg), and rock blanket areas adjacent or within site shall always be kept free of weeds during the entire term of the contract.

Weeding may be done manually or by the use of selective weed killers as recommended by a Pest Control Advisor. Extreme caution not to damage any other plants shall be observed when selective weed killers are used. If chemical application is used, it shall only be done in accordance with State and Federal Pesticide/Hazardous Chemical regulations. Should damage to plants occur, the Contractor shall replace those plants at no cost to the City.

Weeds th at reach a height of 4 inches or more shall be manually removed, or hand pulled.

Chemical spraying shall not be permitted for weeds exceeding 4 inches in height. All weed debris shall be removed from the area.

Total work (sq. ft.) to be accomplished is indicated in the Data Sheet on a per-site basis. In some cases, the area to be kept free of weeds is vacant land that may contain uneven ground and/or deleterious materials that require chemical applications at the appropriate times to minimize difficult mechanical removal. The Contractor shall be responsible for weed control or removal at all times.

2.6.9 Furniture Maintenance
Site garbage cans shall be cleaned, and all debris shall be removed during every site visit. Garbage cans shall be lined with a heavy-duty plastic garbage bag supplied by the Contractor. The plastic garbage bag shall fit the size of the garbage can.

Graffiti and other permanent marks, stains, etc. on site furniture shall be reported to the Contract Manager.

2.6.10 Site Amenities
Artwork shall consist of sculptures, metal fabrications, decorative plaques/place names identifiers, decorative fencing, concr ete fabrications, other structures constructed as visual attractions. Graffiti and other permanent marks, stains, etc. on Artwork shall be reported to the Contract Manager.

Flat surfaces and vertical surfaces shall include decorative concrete, colored co ncrete, stamped/inset concrete patterns inlays, pavers, glass blocks, rocks, and textured masonry walls.

Flat surfaces and vertical surfaces around the Artwork shall be cleaned one (1) time per month General Services Agreement between
City of Rancho Cordova and K&K JL Services, Inc. - Exhibit A CONTRACT NO. 2025-236
ITEM 9.3.

ATTACHMENT 2

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from May through October. The Artwork flat and vertical surfaces shall be cleaned with brooms, soap, water and/or power washer. Removal of material shall be subject to a second cleaning if the workmanship and completeness is unsatisfactory as determined by the Contract Manager.

Additional cleaning may be direct ed by the Contract Manager and paid on a time and material basis.

Lighting amenities shall be inspected one (1) time per month and their condition shall be reported to the Contract Manager.

2.6.11 Median(s) Weed Control
The entire median(s) shall always be kept free of weeds, nose to nose, curb to curb, including the planting areas during the entire contract term. Weeding may be done manually or by the use of selective weed killers as recommended by a Pest Control Advisor. Extreme caution not to damage any other plants shall be observed when selective weed killers are used. If a chemical application is used it shall only be done in accordance with State and Federal Pesticide/Hazardous Chemical regulations. Should damage to plants occur, the Contractor sh all replace those plants at no cost to the City.

Weeds that reach a height of 4 inches or more shall be manually removed, or hand pulled.

Chemical spraying shall not be permitted for weeds exceeding 4 inches in height. All weed debris shall be removed from the area.

2.6.12 Median(s) Litter Removal
The entire median(s) shall be cleared of all litter, i.e., paper, rubbish, and debris, one (1) time per week during the entire contract term and kept clear of most litter at all times. Median(s) shall be swept and kept free of debris, rocks, grass, leaves, and signs. Any drainage inlets adjoining a landscaped median section shall be kept free of debris, rocks, grass, soils, and any deleterious materials that will impede water flow. No blowers shall be used to clean the median(s). All debris shall be disposed of at the Contractor’s expense. All debris shall be removed from the area. No debris shall be blown onto roadways or walkways.

2.6.13 Weed Abatement
The Contractor shall mow or weed eat all weeds to a height of 4 inches or less one (1) time per year in conjunction with fence line clearing. Weed abatement shall occur during the month of May or as directed. All slash or weed material shall be removed at the Contractor’s expense.

Weed abatement is required for projects that contain unimproved open space. The Data Sheet will indicate an estimated area to be mowed.

Fence lines shall be cleared of weeds one (1) time per year in conjunction with Weed Abatement.

Weed removal may be done manually. Weed control may be done by the use of selective weed killers as recommended by a Pest Control Advisor, provided the weeds do not reach a height of 4 inches or higher. Extreme caution not to damage any other plants shall be observed when selective weed killers are used. If a chemical application is used, it shall only be done per State and Federal Pesticide/Hazardous Chemical regulations. Should damage to plans occur, the General Services Agreement between
City of Rancho Cordova and K&K JL Services, Inc. - Exhibit A ITEM 9.3.

ATTACHMENT 2

Page | 19

Contractor shall replace those plants at no c ost to the City. All weed debris shall be disposed of at the Contractor’s expense.

It is recommended that the Contractor have a Pest Control Advisor/Intergrated Pest Management Consultant prepare a fertilizer, pesticide and weed control program.

2.6.14 Fungus, Disease, Rodent and/or Insect Infestation Control It shall be the Contractor’s responsibility to always keep the area free of fungus, disease, rodents and/or insects. Any pesticides used must be on the State Department of Agriculture’s approved list. All pesticides used shall be recommended by a qualified Pest Control Advisor (PCA). The PCA may either be a sub-contractor consultant to the Contractor or be on the Contractor’s staff. If on the Contractor's staff, proof of qualifications shall be prov ided for as detailed in Section 5.2.4, Staff Experience and Qualifications.

The Contractor shall meet all government agency requirements for storage, use, disposal, and record-keeping at all times. The Contractor shall have all the current, valid permits and licenses legally required before any pesticides are used. The Contractor shall maintain an application on- site and Material Safety Data Sheets (MSDS) for all chemicals used at the sites. Storage site inspections, MSDS, permits, and licenses shall be available for review at any time by the City.

The Contract Manager shall be notified forty -eight (48) hours prior to the expected date of application of any pesticides. Pesticides must be brought to the worksite in the original manufacturer’s container and appropriately labeled with guaranteed analysis. All spraying shall be done with extreme care to avoid overspray and any hazard or damages to any person, pet or adjacent property area. The Contractor shall be responsible for restitution and/or repair of a ny hazard or damage.

In Mitigation areas, enclosures shall be considered planting areas. Mitigation/plant enclosures shall be maintained to protect plant material from rodent or animal damage, as per original installation specifications. Where enclosures do not exist, maintained wells are considered to be a 3 feet diameter circle from the center point of the plant.

2.7. IRRIGATION MANAGMENT
The selected Contractor will be solely responsible for the maintenance and proper operation of all irrigation systems. All sprinkler heads are to be adjusted as necessary for unimpeded coverage and to minimize overspray and water waste. Weekly inspections shall be performed of all irrigation systems, and the Contract Manager shall be notified within twenty -four (24) hours of any and all irrigation problems. Repairs to correct irrigation problems shall be performed within twenty-four (24) hours of notification/discovering of irrigation problems. If repairs are not made within twenty -four (24) hours, the Contract Manager may ou tsource the needed repairs and deduct the billable amount from the monthly billing for that landscaped section.

Irrigation Lateral Lines – 1 inch or less in size
The selected Contractor shall be responsible for all maintenance and repairs of all irrigati on system lateral lines 1 inch or less in size. All costs for maintenance and repairs for lateral lines 1 General Services Agreement between
City of Rancho Cordova and K&K JL Services, Inc. - Exhibit A ITEM 9.3.

ATTACHMENT 2

Page | 20

inch or less in size shall be included in the Monthly Maintenance Cost & Bid Grand Total as required in Cost Schedule. This consists of all costs for pop-up sprayer heads, bubblers, nozzles, lids, swing joints, fittings, and pipe. All replacement parts must be of same manufacturer or a similar type as approved by the Contract Manager. Responsibility for repairs shall include, but not be limited to, all required maintenance and repairs due to vandalism, accidents, and “acts of God.”
Irrigation Lateral Lines – 1-¼ inches or larger in size The selected Contractor shall be responsible for all maintenance and repairs of all irrigation system lateral lines 1-¼ inches or larger in size. All costs for repair shall be invoiced based on unit costs or labor and materials as provided in Cost Schedule . This includes valves, rotor heads, fittings, pipes, and wiring. All replacement parts must be of the same manufacturer or a similar type as approved by the Contract Manager.

The selected Contractor shall adjust automatic controller programs at all times for seasonal water requirements. The Contractor shall keep all irrigation heads clean of flow impediments and adjusted properly at all times. The Contractor shall monitor the irrigation system and advise the Contract Manager of needed repairs. Damages to plant material due to the Contractor’s lack of performance in accordance with these specifications shall be the responsibility of the Contractor.

The Contractor shall keep all the controller enclosures free of debris and pests (slugs, ants, spiders, etc.) at all times. Any resultant damage due to the Contractor not meeting this specification will be the responsibility of the Contractor.

Proposer shall verify irrigation system locations during the proposal process.

All controllers and enclosures shall be serviced weekly, which includes:
• All station test/system check
• Monitoring of systems to ensure station optimization
• Battery replacement if applicable
• Cabinet clean-up
The Contractor shall have sole responsibility for managing the irrigation of these sites as described in these specifications.

At any time, the City reserves the right to direct the Contractor to operate any field unit in a standalone mode. The Contractor shall assume responsibility to operate and manage the irrigation system upon notification as described in these specifications.

The Contractor shall replace the batteries as needed and be compensated in accordance with the unit price as indicated in the Cost Schedule. If the Contractor uses a non -rechargeable battery and causes damage to any controller, the Contractor shall replace or repair the controller at the Contractor’s expense. Any equipment that uses rechargeable batteries shall have a rechargeable battery.

General Services Agreement between
City of Rancho Cordova and K&K JL Services, Inc. - Exhibit A ITEM 9.3.

ATTACHMENT 2

Page | 21

2.8. IRRIGATION TESTING AND PROGRAMMING
The Contractor shall test the Backflow Device annually as directed by the Contract Manager. The cost for testing all backflow devices will be the Contractor's responsibility. A certifi ed Backflow Device Tester/Plumber shall be used and acceptable to the City authority. The Contractor shall wrap the Backflow Device annually and maintain the protective covering during periods of cold temperature to eliminate freezing damage. In the event, wrapping the device or maintenance of the wrappings is not accomplished, any resultant damage shall be the responsibility of the Contractor. No additional compensation shall be made for this task.

Watering shall be controlled to prevent runoff, ponding, and overwatering. Irrigation programming shall be the Contractor's responsibility and may be directed by the Contract Manager to maintain proper growth. Irrigation shall be applied at hours that will ensure traffic and access are not disturbed.

The Contractor shall ensure that irrigation system operations shall be performed according to City local water agency and district policies and ordinances. These policies may regulate day of the week, frequency, and/or time of day watering. It is the Contractor’s responsibility to water within these policies.

Manual watering may be necessary to maintain a healthy landscape. Hoses, nozzles, and sprinklers for manual watering shall be provided by the Contractor. Manual watering, which is necessary due to the Contra ctor’s inability to repair the irrigation system, shall be at the Contractor’s expense. Manual watering, which is necessary due to the Contractor’s inability to repair the irrigation system due to situations outside of the Contractor’s control, may be considered extra work, and compensation may be made on a time and material basis. The City reserves the right to make the determination of situations outside the Contractor’s control at the City’s sole discretion.

If manual watering is required, truck applic ation shall be done during hours that minimize the impact on traffic and are subject to local traffic code. The application is recommended to occur during the nighttime/early morning hours when roadways are less traveled and not during commute hours. No weekend watering shall be permitted. Four water purveyors service the City of Rancho Cordova. The Contractor shall be responsible for obtaining any necessary permits from the water purveyor(s) where water will be drawn. All costs associated with permits and water usage will be the Contractor’s responsibility.

The Contractor shall be responsible for field monitoring the water application and recommend irrigation program modifications to the Contract Manager. The Contractor shall be responsible for troublesho oting all field -related equipment problems, identifying field -related program problems, identifying program adjustments needed to meet responsible water application parameters, and all field-related repair work.

2.9. WORK LOCATION/SITE CHANGES
Proposers acknowledge that the City reserves the right to add, delete, or change locations under resulting contract for work, and may do so upon written notification to the Contractor. Any General Services Agreement between
City of Rancho Cordova and K&K JL Services, Inc. - Exhibit A ITEM 9.3.

CONTRACT NO. 2025-236
ATTACHMENT 2

Page | 22

changes in contract scope of work that result in an increase or reduction in cost shall be adjusted based on negotiation between the City and the Contractor. The City expects cost negotiations to be guided by the Cost Schedule submitted by the Contractor in response to this RFP.

2.10. UNSCHEDULED (EXTRA) WORK ITEMS
Proposers understand that not all possible unscheduled (extra) work items can be foreseen and provided with a line item, unit cost bid requests. As such, Proposers acknowledge that any work required outside of unscheduled (extra) work items in the Cost Schedule shall be negotiated between the City and the Contractor in a written “not to exceed” estimate format.

The selected Contractor is expected to perform any and all unscheduled (extra) work upon request and/or approval from the City in a timely manner.

Proposers must become familiar with the necessary scope of work before submitting a proposal.

Proposers are responsible for familiarizing themselves with the areas. Failure to visit the site(s) will not constitute a basis for claims for extra or additional work caused by the Proposer’s lack of knowledge of the condition of the site(s) or the scope of the work.

2.11. SUBCONTRACTORS
Proposers requiring the provision of additional services from subcontractors acknowledge that all proposed subcontractors shall adhere to the same standards of work as described in this RFP.

Proposers further acknowledge that the selected Contractor shall be required to perform, with the Contractor’s own organization and employees, not less than fifty percent (50%) of the value of all work conducted under the executed contract.

Any Proposer submitting proposals for work that includes the use of subcontractors shall submit all subcontractor information required within the Proposal Submittal.

2.12. WORK PLAN SUBMITTALS
The Contractor shall submit the following as required by these specifications for approval by the Contract Manager. The submittals shall be on a per -location basis. The submittals shall be delivered by the end of the first calendar month of the contract start date or, where applicable, one month prior to the scheduled task in accordance with these specifications. If the schedules are not provided, and the task/work is completed, the work will be considered incomplete, and payment withheld will apply.
• Weekly service schedules for all locations
• Suggestions for improving problem areas
• Turf mowing schedules as required per season
• Fertilization schedules for all landscaped areas at the frequency indicated in these specs • Motorola equipment annual tune-up (if part of this contract) • Turf Aeration
• Truck watering schedules as required per season (if part of this contract) Any future schedule changes shall be submitted to the Contract Manager for approval.

General Services Agreement between
City of Rancho Cordova and K&K JL Services, Inc. - Exhibit A ITEM 9.3.

CONTRACT NO. 2025-236
ATTACHMENT 2

Page | 31
Section 4 - Cost Schedule
All unit prices and rates proposed shall remain firm and fixed for the entire initial forty-two (42) month contract term. No cost-of-living or CPI-based adjustments shall be permitted during this initial period.

In the event the City elects to renew or extend the contract beyond the initial forty-two (42) month term, the Contractor may request a rate adjustment based on changes in the Consumer Price Index (CPI). The adjustment shall be based on the percentage change in the Consumer Price Index for All Urban Consumers (CPI-U), San Francisco–Oakland–Hayward, CA Area, as published by the U.S. Department of Labor, Bureau of Labor Statistics (BLS), and shall not exceed three percent (3%) per contract year.

The Contractor shall submit a written request for any CPI adjustment, including supporting documentation from the BLS, no later than sixty (60) days prior to the start of the renewal term. Failure to submit a timely request shall constitute a waiver of any CPI adjustment for that renewal period.

The Unscheduled/Extra Work quantities shown in Table 3 are provided for the purpose of comparing proposals. Payment for such work will be based on the actual quantities of work performed, as directed and approved by the City, unless otherwise specified in the contract.

TABLE 1: MONTHLY MAINTENANCE PRICE SCHEDULE
Line Item Area Location Name Quantity Unit of
Measure
Unit Cost Total

1.1 Mather Commerce Center Landscape
Area - Zone 1
42 1 month

1.2 Mather Commerce Center Landscape
Area - Zone 2
42 1 month

1.3 Mather Commerce Center Landscape
Area - Zone 3
42 1 month

1.4 Mather Commerce Center Landscape
Area - Zone 4
42 1 month
TOTAL
TABLE 2: UNSCHEDULED / EXTRA WORK
Line Item Description Quantity Unit of
Measure
Unit Cost Total

2.1 Anticipated annual budget for
Unscheduled/Extra Work, included in
the Bid Grand Total.

3.5 1 year $25,000.00
TOTAL
$87,500.00
$4,028.00
$3,996.00
$811.00
$2,856.00
$119,952.00
$34,062.00
$167,832.00
$169,176.00
$491,022.00
$87,500.00
General Services Agreement between
City of Rancho Cordova and K&K JL Services, Inc. - Exhibit A ITEM 9.3.

CONTRACT NO. 2025-236
ATTACHMENT 2

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TABLE 3: UNSCHEDULED WORK ITEMS
Line Item Description Unit of Measure Unit Cost

3.1 Maintain additional turf 1 sq ft

3.2 Maintain additional shrub/groundcover area per month 1 sq ft

3.3 On-Call "Lead Person," labor as required 1 hr

3.4 On-Call "Crew Member," labor as required 1 hr

3.5 15-gallon tree replacement 1 ea

3.6 Five-gallon tree replacement 1 ea

3.7 2-2"x8' Lodgepole tree stakes w/2 cinch ties 1 set

3.8 1-3"x8' Lodgepole tree stakes w/2 cinch ties 1 ea

3.9 2 tree ties 1 pair

3.10 One-gallon shrub/groundcover replacment 1 ea

3.11 Five-gallon shrub replacement 1 ea

3.12 One flat groundcover (64 plant count, or greater) 1 ea

3.13 Sod 1 sq ft

3.14 Mulch 1 cy

3.15 Comost / Humus 1 cy

3.16 Decomposed Granite 1 cy

3.17 Rainbird #1800-PRS-SAM-6" 1 ea

3.18 Hunter Pro Series with Pressure Regulator, check valve - 6"
1 ea

3.19 Rainbird MPR Nozzles or similar 1 lf

3.20 MP rotator nozzle (mp 1000, mp 2000, mp 3000, or
strip)
1 ea

3.21 Hunter PGP Ultra series 4" with check valve 1 ea
$1.10
$0.50
$55.00
$45.00
$125.00
$80.00
$25.00
$50.00
$10.00
$16.00
$26.00
$800.00
$4.00
$200.00
$80.00
$250.00
$50.00
$50.00
$3.00
$18.00
$25.00
General Services Agreement between
City of Rancho Cordova and K&K JL Services, Inc. - Exhibit A ITEM 9.3.

CONTRACT NO. 2025-236
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Line Item Description Unit of Measure Unit Cost

3.22 Hunter PGP Ultra series 12" with check valve 1 ea

3.23 Techline/netafin dripper line per 100 ft 1 ea

3.24 1" Remote Control Valve (installation only) 1 ea

3.25 1-1/2" Remote Control Valve (installation only) 1 ea

3.26 2" Remove Control Valve (installation only) 1 ea

3.27 9-volt battery 1 ea

3.28 9-volt rechargeable battery 1 ea

3.29 12-volt battery 1 ea
$35.00
$80.00
$250.00
$300.00
$350.00
$10.00
$25.00
$30.00
10/24/2025
General Services Agreement between
City of Rancho Cordova and K&K JL Services, Inc. - Exhibit A ITEM 9.3.

CONTRACT NO. 2025-236
ATTACHMENT 2

CONTRACT NO. 2025-236
General Services Agreement between
City of Rancho Cordova and K&K JL Services, Inc. - Exhibit B Page 1 of 10 Revised 06/2025

EXHIBIT B

SPECIAL PROVISIONS
ITEM 9.3.

ATTACHMENT 2

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Section 3 - Special Provisions

3.1. PAYROLL RECORDS
The Contractors' attention is directed to Section 6 -1.03, "Payroll Records," of the Sacramento County Standard Construction Specifications. The Cont ractor shall comply with Labor Code Section 1776. Regulations implementing Section 1776 are located in Section 16000 and Sections 16401 through 16403 of Title 8, California Code of Regulations. The Contractor shall be responsible for compliance by the Contractor's Subcontractors.

3.2. PREVAILING WAGE
Proposers acknowledge the Prevailing Wage Requirements as detailed in the Sample Contract.

Pursuant to Labor Code Section 1770, the Contractor and the Contractor's Subcontractors shall pay not less than the prevaili ng rate of per diem wages, including, but not limited to, overtime, Saturday, Sunday, and holiday work, travel, and subsistence, as determined by the Director of the California Department of Industrial Relations pursuant to Labor Code Section 1773.

3.3. PRESERVATION OF PROPERTY
Attention is directed to Section 13 -1.01 “Preservation of Property” of the Sacramento County Standard Construction Specifications and these Special Provisions.

The Contractor shall take every precaution to protect all public and private property during t he performance of this contract. Any damage caused by the Contractor’s personnel or equipment will promptly be repaired to the condition existing before the damage. If, in the opinion of the Contract Manager, repair is not possible, the damaged facilities will be replaced in kind and size.

All costs for such repairs or replacements shall be the sole responsibility of the Contractor.

Damages to City facilities due to the Contractor’s lack of performance in accordance with these specifications are the Contractor’s responsibility.

3.4. TRAFFIC MAINTENANCE
Attention is directed to Section 12 -3, “Public Safety and Traffic Control,” of the Sacramento County Standard Construction Specifications, the Uniform Manual of Traffic Control Devices (the latest edition of the California Supplement), and these Special Provisions.

Typically, a minimum of one (1) traffic lane (not less than 3.66 m (12 feet wide), per direction, shall be allowed for closure during construction activity, or as defined within the approved traffic control plan. All other traffic lanes shall be open for public vehicular traffic at all times during non-construction activity. No work that interferes with public traffic shall be performed between 3:30 p.m. and 8:30 a.m. except work required under Section 7 -1.03, “Public Convenience,” and Section 7-1.04, “Public Safety” or by special approval of the Contract Manager.

Prior to performing any work, under this contract the Contractor shall prepare and submit a Traffic Control Plan (TCP) to the Contract Manage r for review. Note: To avoid delays, the Contractor is encouraged to submit in advance several standard TCP’s covering the most common maintenance situations anticipated, prior to the start of the contract period. All night work (if General Services Agreement between
City of Rancho Cordova and K&K JL Services, Inc. - Exhibit B ITEM 9.3.

CONTRACT NO. 2025-236
ATTACHMENT 2

Page | 24

any) requires a MANDATORY TCP, for each occurrence.

If traffic controls are required for any operation under this contract to ensure the safety of workers and the public, a TCP must be submitted to the Contract Manager four (4) working days in advance of performing said operation. The Contractor must receive written approval from the Contract Manager prior to implementing any traffic controls and notify Police, and Fire at least twenty-four (24) hours in advance of implementing the traffic controls. Review and approval of a TCP by the Contract Manager is based upon general conformance with Federal, State, and local regulations and standards and does not relieve the Contractor of responsibility for the safety of its workers and the public.

If any component in the Contractor’s t raffic control system is displaced, damaged, or ceases to operate correctly, for any cause, during the life of the work, the Contractor shall immediately repair said component to its original condition or replace said component and shall restore the component to its original location, noncompliance may result in work stoppage by the Contract Manager.

Full compensation for conforming to the requirements of this Section shall be considered as included in the prices paid for the various contract items of wor k, and no separate payment will be made, therefore.

3.5. REGULATIONS AND CONDUCT OF WORK
The Contractor shall plan and conduct the work to comply with local, State, and Federal government agencies’ applicable rules, regulations, codes, and ordinances to adequat ely safeguard persons and property from injury. The Contractor shall direct the performance of the work in compliance with reasonable safety regulations and work practices, and with applicable Federal, State, and local laws, rules and regulations including but not limited to “Occupational Safety and Health Standards” promulgated by the U.S. Secretary of Labor, and Safety Orders of the California Division of Industrial Safety.

3.6. PERSONNEL
All work shall be performed by qualified and trained personnel with a mi nimum of one (1) year experience in grounds maintenance work. Experience must include use of gardening tools and operation of commonly used equipment. Contractor’s employees shall be required to wear a clean uniform bearing the Contractor’s name. Employees who normally and regularly come into direct contact with the public shall bear some means of individual identification, such as a name tag or identification card.

The Contractor may use pesticides and herbicides to complete the contracted obligations. A ll pesticides, herbicides, fertilizers and/or materials shall be used in accordance with manufacturer requirements, State law and regulations, and City ordinances and regulations. The Contractor shall have all current, valid permits and licenses legally required before any pesticides are used.

The Contractor and his/her employees shall have direct experience in the use of various central control irrigation systems. Experience shall include programming and the troubleshooting of field General Services Agreement between
City of Rancho Cordova and K&K JL Services, Inc. - Exhibit B ITEM 9.3.

CONTRACT NO. 2025-236
ATTACHMENT 2

Page | 25

operations and equipm ent. In the event the Contractor's staff is not experienced and City Property is damaged as a result of the Contractor's inablitiy, the Contractor shall be liable for repair or replacement. City staff may require the Contractor's staff to demonstrate knowledge of technical controller operations and programming at a city site.

3.7. LICENSES
Contractor and staff who are supplying services under this agreement shall at all times possess and carry a valid driver’s license issued by the State of California and have a ll applicable certifications and licenses.

3.8. CONDUCT
Contractor’s employees, officers and representatives shall not identify themselves as being employees of the City of Rancho Cordova. Employees shall conduct themselves in such a manner that reflects positively on the City. Drivers shall be courteous and conscientious when driving to, at and from transfer sites. The City retains the right to require a particular operator to be removed from working on this contract.

Safety Standards and Accident Prevention
The Contractor shall be solely responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the work. The contractor shall comply with all applicable Laws and Regulations relating to the safety and protection of persons and property.

Full compensation for conforming to the requirements of this Section shall be considered as included in the prices listed in the Cost Schedule and no separate payment will be made, therefore.

3.9. SUPERVISION
The Contractor shall provide a competent superintendent during all times that work is being performed with the authority to represent and act for the Contractor in any matter pertaining to this contract. The Contractor shall furnish the names of all such superintendents to the Contract Manager prior to the commencement of this contract and advise the Contract Manager of any changes.

3.10. DISMISSAL OF UNSATISFACTORY EMPLOYEES
Attention is directed to Section 6, "Legal Relations and Responsibili ties" of the Sacramento County Standard Construction Specifications.

The Contractor shall only furnish workers who are competent and skilled for work under this contract. If, in the opinion of the Public Works Maintenance & Operations Manager, an employee of the Contractor is disorderly, refuses to perform in accordance with the contract specifications, threatens or uses abusive language while on City property, does not meet safety requirements or is otherwise unsatisfactory, that employee shall be removed from all work under this contract.

Contractor shall remove an unsatis factory employee from contract sites immediately following notification.

General Services Agreement between
City of Rancho Cordova and K&K JL Services, Inc. - Exhibit B ITEM 9.3.

CONTRACT NO. 2025-236
ATTACHMENT 2

Page | 26

All personnel employed by the contractor shall comply with the City’s Harassment policy. Non - compliance with this policy shall be grounds for dismissal under the provisions of this Section. A copy of this policy will be provided to the contractor prior to commencing work.

Failure by the Contractor to remove an unsatisfactory employee from contract sites will result in withholding of payment. Failure by the contractor to permanently replace an unsatisfactory employee will result in formal written warning (30 -day notice) to the Contractor specifying that the employee must be replaced. Failure by the Contractor to replace an unsatisfactory employee within the 30-day time period will result in termination of this contract.

In the event of termination, the City shall be liable only for payment of those services performed and accepted by the City prior to the date of termination; and the Contractor and his surety shall be liable and assessed for any and all costs for the re-procurement of the contract services.

3.11. PAYMENT
At the end of each month, the Contractor shall submit invoice(s) to the City for regular monthly maintenance work, and unscheduled emergency maintenance work requested and approved by the City. The City will pay the Contractor within thirty (30) calendar days of receipt of correct invoice.

The Contractor’s routine maintenance invoice shall include:
• Invoice Number
• Invoice Date
• City’s Contract Number
• Period Service Provided (Date from – Date to)
• Location(s) of Service (listed with site specific plan number) The Contractor’s unscheduled (extra) work invoice shall include:
• Invoice Number
• Invoice Date
• City’s Contract Number
• Period Service Provided (Date from – Date to)
• Location(s) of Service (listed with site specific plan number) • A breakdown of work completed with a description of the work performed, job itemization giving employee(s)’ actual hours worked, equipment and material costs, and total cost for the work performed.

Billing shall be submitted to the following address:

City of Rancho Cordova
Public Works Department
3303 Luyung Drive
Rancho Cordova, CA 95742
ATTN: Maria Lopez
General Services Agreement between
City of Rancho Cordova and K&K JL Services, Inc. - Exhibit B ITEM 9.3.

CONTRACT NO. 2025-236
ATTACHMENT 2

Page | 27

or Via Email to [email protected].

3.12. WITHHOLDING OF PAYMENT
For work deemed by the Contract Manager as not meeting the requirements of the specifications, the City shall withhold monthly payments or percentages thereof for work not completed, or until work is completed as per contract s pecifications. The City shall withhold monthly payments or percentages thereof for work that is not completed on schedule.

To provide funds to cover the cost of any City of Rancho Cordova facilities or plant materials damaged by the Contractor, the City shall withhold monthly payments until the damages are repaired. In the event repairs are not made the City shall withhold monthly maintenance payments to fund the necessary repairs. The Contractor shall be responsible for damages to the City of Rancho Cordova facilities or plant materials due to the contractor’s failure to perform the services in accordance with these specifications. Expenses to cover damages shall be solely the Contractor’s, and repairs shall meet with approval of the Contract Manager.

3.13. FAILURE TO PERFORM
If the Contractor, or his representative, fails to perform in accordance with the terms and conditions of this contract, the Contract Manager will specify the reasons and locations as applicable by written correspondence. Failure by the Con tractor to correct any deficiencies within one (1) calendar week of notification by contract manager may result in withholding of payment. Failure by the Contractor to correct any deficiencies within two (2) calendar weeks or more may result in formal written warning (30-day notice) to the contractor specifying that such deficiencies must be corrected. Failure by the contractor to correct such deficiencies within the 30-day specified time period may result in termination of this contract.

In the event of termination, the City shall be liable only for payment of those services performed and accepted by the City prior to the date of termination. Any damage to property caused by the contractor’s inability to meet specification shall be recovered by withholdin g payments. The Contractor and his surety shall be liable and assessed for any and all costs for the re-procurement of the contract services and damages to City facilities or plant materials.

3.14. INSPECTION
The Contractor may receive an inspection report from the Contract Manager. This form will indicate any deficiencies in the work performance of the Contractor. The Contract Manager will inform the Contractor of urgent deficiencies for immediate attention or repairs. Inspection by City staff will occur the following day the Contractor has serviced the areas.

Lack of inspections by the City staff does not relieve the Contractor of his obligations to provide services as required by these specifications. Lack of receipt of inspection reports does not relieve the Contractor of his obligations to provide services as required by these specifications.

Schedules as required by these specifications shall be submitted and used as a guide for City staff inspection schedules. Inspection will be scheduled to occur the following day the Contractor has serviced the area(s).

General Services Agreement between
City of Rancho Cordova and K&K JL Services, Inc. - Exhibit B ITEM 9.3.

CONTRACT NO. 2025-236
ATTACHMENT 2

Page | 28

3.15. SOUND CONTROL REQUIREMENTS
Sound control shall conform to the provisions in Section 12 -1.09 B, “Noise” of the Sacramento County Standard Construction Specifications.

The noise level from the Contractor’s operations, between the hours of 8:00 p.m. and 7:00 a.m., shall not exceed 86 dbA at a distance of 15 meters (50 feet). Said noise level requirement shall apply to all equipment on the work or related to the work, including but not limited to trucks, transit mixers or transient equipment that may or may not be owned by the Contractor. The use of loud sound signals shall be avoided in favor of light warnings except those required by safety laws for the protection of personnel.

Full compensation for confor ming to the requirements of this section shall be considered as included in the contract prices paid for the various contract items of work involved, and no additional compensation will be allowed, therefore.

3.16. COOPERATION
The Contractor’s attention is directed to Section 5 -5, “Cooperation with Other Entities,” of the Sacramento County Standard Construction Specifications. The Contractor shall notify United Service Alert (USA) prior to commencing any excavation: Underground Service Alert (USA) – 811.

3.17. EXISTING UTILITIES
Attention is directed to Section 6 -11 “Existing Utilities” of the Sacramento County Standard Construction Specifications and these Special Provisions.

The toll-free number for Underground Service Alert (U.S.A.) is 811. The Contractor is required to call this number two working days (48 hours) in advance of performing excavation work.

The Contractor shall take adequate measures to ensure that their oper ations do not harm any existing underground facilities not specifically mentioned or shown on the plans.

3.18. PUBLIC CONVENIENCE
Public convenience shall conform to the provisions in Section 12 -2, "Public Convenience and Safety", of the Sacramento County Standa rd Construction Specifications. The Contractor shall limit operations to weekdays between the hours of 7:00 A.M. to 6:00 P.M., unless otherwise approved by the Contract Manager.

No work will commence before 8:30 A.M. on the City’s main arterial and collector streets without prior written approval from the Contract Manager.

Temporary closure of driveways may be allowed subject to the advance written approval of the affected property owners and the Contract Manager. Prior to closure of a driveway, the Contractor shall coordinate and notify the property owner at least twice of such closure. The Contractor shall deliver closure notices to residents and operators of commercial properties seventy-two (72) hours prior to each closure and twenty -four (24) hour n otice for emergency General Services Agreement between
City of Rancho Cordova and K&K JL Services, Inc. - Exhibit B ITEM 9.3.

CONTRACT NO. 2025-236
ATTACHMENT 2

Page | 29

repairs if feasible.

It is the Contractor's responsibility to provide and accommodate all residents, operators of commercial properties and property owners’ specific needs for driveway and pedestrian access at all times.

Full compensation for conforming to the provisions of this Section shall be considered as included in the prices listed in the Cost Schedule in Section 4 and no additional compensation will be allowed, therefore.

3.19. OBSTRUCTIONS
The Contractor shall exercise due caution in performing work so as not to damage the utilities.

The work specified shall be so conducted by the Contractor as to permit the utility companies to maintain their services without interruption. Utilities which are to remain in place shall be worked around and protected from damage or interruption of service. The Contractor shall coordinate his work with the utility companies where utilities are to be relocated or set to grade.

Construction area signs shall be furnished, installed, maintained, and remo ved when no longer required by the Contractor following the provisions in Section 12, “Safety, Public Convenience, and Traffic Control,” of the Sacramento County Standard Construction Specifications.

Full compensation for conforming to the requirements o f this Section shall be considered as included in the contract prices paid for the various contract items of work involved, and no additional compensation will be allowed, therefore.

3.20. MOBILIZATION
Mobilization shall be in accordance with Section 8 -1.03, “Pa yment for Mobilization,” of the Standard Construction Specifications.

3.21. WORK ORDER
Requests for maintenance are made via a Work Order (WO). WOs are originated by City staff during regular City business hours in response to observed or reported maintenance deficiencies.

Delivery of the written WO’s will be via e -mail and be made directly to the Contractor or designated supervisor.

3.22. STANDARD CONSTRUCTION SPECIFICATIONS
The County of Sacramento, Municipal Services Agency, Standard Construction Specifications, adopted November 2024 and all revisions pertaining thereto, and this RFP shall control all work to be done under this contract. A copy of the Standard Construction S pecifications may be obtained at the Cashier’s window, County Administration Building, 827 Seventh Street, Room 105, Sacramento, CA 95814.

3.23. STATE SPECIFICATIONS AND STATE STANDARD PLANS
State Specifications and State Standard Plans, when referred to, shall be the 2023 issue. Copies General Services Agreement between
City of Rancho Cordova and K&K JL Services, Inc. - Exhibit B ITEM 9.3.

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ATTACHMENT 2

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of the State Specifications and State Standard Plans may be obtained from the State of California, Department of Transportation, Publications Unit, 1900 Royal Oaks Drive, Sacramento, CA 95815; telephone (916) 263-0822.

3.24. PRECEDENCE
In the event of a conflict between the Sacramento County Standard Construction Specifications and the State Specifications/Standard Plans, the Standard Constructions Specifications shall govern. These Special Provisions shall govern over both the Standard Construction Specifications and State Specifications/Standard Plans in the event of a conflict.

3.25. CODES AND LEGAL REQUIREMENTS
A. All reference to codes, specifications, and standards in the contract documents shall mean, and are intended to be, the latest editions, amendments, and/or revisions of such reference documents in effect, as of the date of this contract.

B. Authorities shall apply the minimum work requirements available to any work done for this project. Nothing described in these contract documents shall be construed to permit work not conforming to the most stringent of applicable codes and regulations.

C. When contract documents call for materials or construction of better quality or larger size than required by applicable codes, laws, rules or regulation s, the contract documents shall take precedence.

3.26. GUARANTEE
Excepting only items of routine maintenance, ordinary wear and unusual abuse or neglect, Contractor shall guarantee all work executed by Contractor and Subcontractors, and all supplies, materials a nd devices of whatsoever nature incorporated in, or attached to the work, or otherwise delivered to City as a part of the work pursuant to the Contract, to be free of all defects of workmanship and materials for a period of one year after acceptance of work under each Work Order issued as a part of the Contract by the City. Contractor shall repair or replace any or all such work or material, together with all or any other work or material which may be displaced or damaged in so doing, that may prove defecti ve in workmanship or material within said one (1) year guarantee period without expense or charge of any nature whatsoever to the City.

In the event that the Contractor shall fail to comply with the conditions of the foregoing guarantee within ten (10) w orking days after being notified of the defect in writing, City shall have the right, but shall not be obligated to repair, or obtain the repair of, the defect and Contractor shall pay to City on demand all costs and expense of such repair.

Notwithstanding anything herein to the contrary, in the event that any defect in workmanship or material covered by the foregoing guarantee results in a condition which constitutes an immediate hazard to the health or safety, or any property interest, or any person, City shall have the right to immediately repair, or cause to be repaired, such defect, and Contractor shall pay to City on demand all costs and expense of such repair. The foregoing statement relating to hazards to health, safety or property shall be deemed to include either temporary or permanent repairs, which may be required as determined in the sole discretion and judgment of City.

General Services Agreement between
City of Rancho Cordova and K&K JL Services, Inc. - Exhibit B ITEM 9.3.

CONTRACT NO. 2025-236
ATTACHMENT 2

Page | 31

3.27. EROSION, SEDIMENT AND WATER POLLUTION CONTROL
The Contractor’s attention is directed to Section 10 -4, "Erosion, Sediment, and Water Pollution Control," of the Sacramento County Standard Construction Specifications, and these Special Provisions.

The Contractor shall minimize erosion, discharge of pollutants, and transport of sediments during all aspects of work. Erosion and sed iment control shall conform to the requirements of Sacramento County's "Erosion and Sediment Control Guidelines". That document is available, for a fee, from the Water Resources Division, County of Sacramento.

3.28. DUST CONTROL
The Contractor’s attention is dir ected to Section 17, “Dust Control,” of the Sacramento County Standard Construction Specifications. The Contractor shall be responsible for dust control. The Contractor shall diligently control dust resulting from his operations and from public traffic passing through the work area by the application of water and/or dust palliative. Dust palliative shall conform to Section 17-2, “Dust Palliative,” of the Standard Construction Specifications.

The Contractor shall provide dust control at all times including Saturdays, Sundays, and holidays.

Whenever the Contractor shall appear negligent in controlling dust, the Contract Manager may direct attention to the existence of a dust hazard and instruct the Contractor to immediately alleviate the dust hazard.

Full compensation for conforming to the requirements of this section shall be considered as included in the prices paid for the various contract items of work involved and no additional compensation will be allowed, therefore.

General Services Agreement between
City of Rancho Cordova and K&K JL Services, Inc. - Exhibit B ITEM 9.3.

CONTRACT NO. 2025-236
ATTACHMENT 2

CONTRACT NO. 2025-236
General Services Agreement between
City of Rancho Cordova and K&K JL Services, Inc. - Exhibit C Page 1 of 4 Revised 06/2025

EXHIBIT C

INSURANCE REQUIREMENTS
Before
beginning any work under this Agreement, Contractor, 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 Contractor and its agents, representatives, employees, and subcontractors. Contractor 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. Contractor 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 Contractor's bid. Contractor shall not allow any subcontractor to commence work on any subcontract until Contractor 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. Contractor shall maintain all required insurance listed herein for the duration of this Agreement.

1. Worker
s’ Compensation. Contractor 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 Contractor. 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, Contractor 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 Contractor, 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. Contractor shall notify City within fourteen (14) days of notification from Contractor’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 Contractor does not have any employees.

2. Commercial General and Automobile Liability Insurance.

2.1 General requirements. Contractor, at its own cost and expense, shall maintain commercial general liability insurance for the term of this Agreement in an amount not less than TWO MILLION DOLLARS ($2,000,000.00) and automobile liability insurance for the term of this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000.00). The commercial general liability and automobile liability insurance shall be per occurrence, combined single limit coverage for risks associated with the work contemplated by this Agreement. If a commercial general liability insurance or an automobile liability form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggr egate limit shall be at least twice the required occurrence ITEM 9.3.

ATTACHMENT 2

CONTRACT NO. 2025-236
General Services Agreement between
City of Rancho Cordova and K&K JL Services, Inc. - Exhibit C Page 2 of 4 Revised 06/2025
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 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.

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 Contractor, including the insured’s general supervision of Contractor; products and completed operations of Contractor; premises owned, occupied, or used by Contractor; and automobiles owned, leased, or used by the Contractor. 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 Contractor 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. Contractor shall notify City within fourteen (14) days of notification from Contractor’s insurer if such coverage is suspended, voided or reduced in coverage or in limits.

Professional hereby acknowledges and agrees to the insurance requirements set forth in this _____ section which shall be monitored for compliance by Ebix, RCS, Inc.

Initial
ITEM 9.3.

ATTACHMENT 2

CONTRACT NO. 2025-236
General Services Agreement between
City of Rancho Cordova and K&K JL Services, Inc. - Exhibit C Page 3 of 4 Revised 06/2025

3. A
ll Policies Requirements.

3.1 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.

3.2 Verification of coverage. Prior to beginning any work under this Agreement, Contractor shall furnish City with certificates of insurance and with original endorsements effecting coverage required herein. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf.

The City reserves the right to require complete, certified copies of all required insurance policies, at any time.

3.3 Subcontractors. Contractor 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.

3.4 Deductibles and Self-Insured Retentions. Contractor 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, Contractor 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 Contractor 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.

3.5 Waiver of Subrogation. Contractor 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 Contractor, its employees, agents, and subcontractors.

3.6 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, Contractor shall provide written notice to City at Contractor’s earliest possible opportunity and in no case later than five (5) days after Contractor is notified of the change in coverage.

4. Remedies. In addition to any other remedies City may have if Contractor 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 Contractor’s breach:

ITEM 9.3.

ATTACHMENT 2

CONTRACT NO. 2025-236
General Services Agreement between
City of Rancho Cordova and K&K JL Services, Inc. - Exhibit C Page 4 of 4 Revised 06/2025
 Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement;
 Order Contractor to stop work under this Agreement or withhold any payment that becomes due to Contractor hereunder, or both stop work and withhold any payment, until Contractor demonstrates compliance with the requirements hereof; and/or  Terminate this Agreement.

ITEM 9.3.

ATTACHMENT 2

MEMORANDUM

City Council Staff Report - Page 1 of 2

ITEM 9.4.

DATE: November 17, 2025

TO: Honorable Mayor and Council Members

FROM: Nicholas Sosa, Senior Planner

SUBJECT: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACT AMENDMENT NO. 2024-42-1 WITH THE CORDOVA

COMMUNITY COUNCIL FOUNDATION TO MODIFY THE MINESHAFT

DIGITAL BILLBOARD OPERATING AGREEMENT TO REMOVE THE
"WEST" SIGN FROM THE ORIGINAL AGREEMENT AND CHANGE

THE NUMBER OF SIGNS FROM TWO TO ONE

RECOMMENDATION

Adopt the Resolution.

RESULT OF RECOMMENDED ACTION

Adoption of the Resolution would modify the existing Mineshaft Operating Agreement to remove one (1) of two (2) digital billboard signs included as part of the agreement. The amendment would remove the western digital billboard sign at 2300 Mineshaft Lane and allow the eastern sign, which has already been constructed and is currently operating, to remain as part of the agreement.

BACKGROUND

The Mineshaft Operating Agreement was approved on February 20, 2024, as part of Resolution 15-2024 and Resolution 16-2024, which included a Mitigated Negative Declaration (MND), a Conditional Use Permit (CUP), and Minor Design Review for two digital billboard signs at 2300 Mineshaft Lane.

The Operating Agreement was drafted at the request of the Applicant (Cordova Community Council Foundation) and outlines the requirements of installation, ownership, maintenance, standards, use rights, utilities, etc. for the digital freeway sign and also includes requested deviations to the required development standards for these types of signs. The City Council agreed to the terms of the document and the agreement was signed on March 14, 2024, by the City Manager and City Attorney.

In recent months the applicant has completed construction of the eastern digital freeway sign on their property but has decided not to move forward with the western sign. With the progression of the US Highway 50/Rancho Cordova Parkway Interchange Project as well as the close proximity of the two signs, the applicant had decided not to construct the western sign and proposed a digital billboard at 3127 Fite Circle as an alternative. On October 6, 2025, the

City Council Staff Report - Page 2 of 2

City Council approved the requested digital freeway sign at 3127 Fite Circle (Resolution 111- 2025) which included a separate operating agreement for that location.

With the approval of the Fite Circle Digital Billboard Sign, the applicant will not be moving forward with the additional Mineshaft digital freeway sign and therefore an amendment has been requested to remove references to the western sign throughout the Mineshaft Operating Agreement. All other terms, requirements, and standards included in the agreement remain the same and only references to the western sign have been modified. Staff has included an updated version of the revised agreement as well as a track changes version for reference to changes that have been made.

FISCAL IMPACT AND FUNDING SOURCE

The proposed amendments to the agreement would have no impact to the city’s general fund.

ATTACHMENT(S)

1. Resolution

2. Amended Operating Agreement (Clean)

3. Amended Operating Agreement (Redline)

Resolution No. XX-2025

ITEM 9.4. ATTACHMENT 1

CITY OF RANCHO CORDOVA
RESOLUTION NO. XX-2025

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

OF CALIFORNIA, AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACT AMENDMENT NO. 2024-42-1 WITH THE CORDOVA COMMUNITY COUNCIL FOUNDATION

TO MODIFY THE MINESHAFT DIGITAL BILLBOARD OPERATING AGREEMENT TO REMOVE THE “WEST” SIGN FROM THE ORIGINAL AGREEMENT AND CHANGE THE

NUMBER OF SIGNS FROM TWO TO ONE

WHEREAS, the Mineshaft Operating Agreement was approved on February 20, 2024, as part of Resolution 15-2024 and Resolution 16-2024, which included a Mitigated Negative Declaration (MND), a Conditional Use Permit (CUP), and Minor Design Review for two digital billboard signs at 2300 Mineshaft Lane; and

WHEREAS, the Operating Agreement was drafted at the request of the Cordova Community Council Foundation and outlines the requirements of installation, ownership, maintenance, standards, use rights, utilities, etc. for the digital freeway sign and also includes requested deviations to the required development standards for digital billboard signs; and

WHEREAS, the City Council agreed to the terms of the document and the Agreement was signed on March 14, 2024, by the City Manager and City Attorney; and

WHEREAS, the Cordova Community Council Foundation has completed construction of the eastern digital freeway sign on their property, but has decided not to move forward with the western sign; and

WHEREAS, the Cordova Community Council Foundation has received approvals for a new sign at a different location within the city and therefore has agreed to amend this Operating Agreement to remove the previously approved “west” sign from this agreement; and

WHEREAS, all other terms, requirements, and standards included in the agreement remain the same and only references to the western sign have been modified.

NOW, THEREFORE, BE IT HEREBY RESOLVED THAT THE CITY COUNCIL OF THE CITY OF RANCHO CORDOVA does authorize the City Manager to execute Contract Amendment No. 2024-42-1 with the Cordova Community Council Foundation to remove the “west” sign from the original agreement and change the number of signs from two to one, in a form approved by the City Attorney.

PASSED AND ADOPTED by the City Council of the City of Rancho Cordova on the 17th day of November 2025 by the following vote:

AYES:

NOES:

ABSENT:

Resolution No. XX-2025

ITEM 9.4. ATTACHMENT 1

ABSTAIN:

ATTEST:

Siri Pulipati, Mayor

Stacy Leitner, CMC
City Clerk

ITEM 9.4. ATTACHMENT 2
Contract Amendment No. 2024-42-1
Agreement for Digital Freeway Sign

DIGITAL FREEWAY SIGN OPERATING AGREEMENT BY AND BETWEEN

CITY OF RANCHO CORDOVA AND CORDOVA COMMUNITY COUNCIL FOUNDATION

PARTIES

This Operating Agreement for Digital Freeway Signs (hereinafter “Agreement”), dated __________, 2025 by and between the City of Rancho Cordova, a California Municipal Corporation (the “City”), and the Cordova Community Council Foundation, a California 501(c)(3) Non-Profit Corporation. Hereinafter the City and Cordova Community Council Foundation may be referred to as “Party” or both as “Parties”.

RECITALS

1. Background. Rancho Cordova Municipal Code Section 23.743.150 , after all required notices and public hearing, allows for the City to enter into an Operating Agreement to allow for the operation of a Digital Freeway Sign under certain circumstances; including the permanent removal of pre-existing billboards from within the City. Cordova Community Council Foundation has applied for approval to install one (1) Digital Freeway Sign on the real property owned by the Cordova Community Council Foundation and located at 2300 Mine Shaft Lane in the City of Rancho Cordova, State of California (the “Property”).

2. Applicant. The Cordova Community Council Foundation, founded in 1959 as an organization of organizations and a forum for citizens to meet, dream about the future and plan community celebrations. The legacy of mutual support and collaboration nurtured by Cordova Community Council Foundation has become a hallmark of Rancho Cordova community life for more than six decades and has earned our reputation as a place of collaboration and innovation. In 2018, the Cordova Community Council Foundation acquired the Mine Shaft property. The acquisition of the property will give the Cordova Community Council Foundation long term financial strength to continue to provide quality programs and community engagement opportunities. The Cordova Community Council Foundation has experience managing large complex events, public grants, personnel, and real property.

3. Legal Framework. For the reasons recited herein, the City has determined that the construction and operation of the Cordova Community Council Foundation’s proposed outdoor advertising display on the Property is a development for which this Agreement is appropriate and is specifically permitted and encouraged by §§ 5412 and 5443.5 of the California Outdoor Advertising Act (Bus. and Prof. Code § 5200 et seq.) and Rancho Cordova Municipal Code section 23.743.150.

4. Public Benefit. City finds that a substantial public benefit will accrue to City by reason of the Cordova Community Council Foundation’s advertising display, which adds value to the community by enabling the City to market projects, programs and other activities for the benefit of City and its businesses and residents. In addition, the City finds that an additional

ITEM 9.4. ATTACHMENT 2
Contract Amendment No. 2024-42-1
Agreement for Digital Freeway Sign

substantial public benefit will accrue to the City by reason of the Cordova Community Council Foundation removing, or having caused the removal of, an existing billboard as a material condition of this Agreement for a Digital Freeway Sign. In exchange for providing these public benefits, the Cordova Community Council Foundation, receives assurance that it may proceed with the construction and operation of outdoor advertising display and the project in accordance with ordinances, resolutions and regulations existing as of the date of this Agreement, subject only to the terms and conditions contained herein and contained in any permits issued pursuant to this project.

Together with the City of Rancho Cordova and many community partners, the Cordova Community Council Foundation has contributed to the City of Rancho by providing stability for safe and high-quality signature community events, and convening significant community affinity organizations, including the Rancho Cordova Athletic Association, the Rancho Cordova Arts Council and Rancho Cordova Interfaith Council. Together with the vibrant schedule of dozens of community events, these organizations provide pathways for residents to engage with and enjoy the community in which they live, boosting community satisfaction and connections which strengthen the City. The Cordova Community Council Foundation is a 501(c)(3) public benefit non- profit organization headquartered in Rancho Cordova.

The development and long-term lease of one digital freeway sign is a critical component of Cordova Community Council Foundation’s strategy which would provide the Cordova Community Council with long term financial stability to carry out this vital community mission.

Cordova Community Council understands that the marketplace for one or more digital freeway signs along the Highway 50 corridor is limited.

NOW, THEREFORE, in consideration of mutual promises, conditions, and covenants hereinafter set forth, the Parties agree as follows:

AGREEMENT

1. Incorporation of Recitals. The Preamble, the Recitals, and all defined terms set forth in both, are hereby incorporated into this Agreement as if set forth herein in full.

2. Definitions. This section defines the terms: “Agreement Year,” “Business Day,” “Caltrans,” “Caltrans Permits,” “City Permits,” “Commencement Date,” “Digital Freeway Sign,” “Digital Display Area,” “Effective Date,” “Include,” “Operational,” “Obstruction,” “Site,” “Sign Structure,” and “Term.” Other terms are defined elsewhere in this Agreement.

(a) “Agreement Year” means one of the consecutive 12-month periods during the Term. The first Agreement Year begins on the Effective Date.

(b) “Business Day” means any day the City’s main offices located at 2729 Prospect Park Drive, Rancho Cordova, California, are open to the public.

ITEM 9.4. ATTACHMENT 2
Contract Amendment No. 2024-42-1
Agreement for Digital Freeway Sign

(c) “Caltrans” means the California Department of Transportation.

(d) “Caltrans Permits” means all permits and approvals that Cordova Community Council Foundation must obtain from Caltrans to install, operate, and maintain the Digital Freeway Sign in accordance with this Agreement.

(e) “City Permits” means all building permits, conditional use permits, zoning amendments, operating agreements, and other permits, entitlements, and agreements that the City, acting in its governmental capacity, must issue or approve for The Cordova Community Council Foundation, to install, operate, and maintain the Digital Freeway Sign in accordance with this Agreement.

(f) “Commencement Date” means the date as of which both of the following have occurred:
(1) the City has finally approved the Plans (defined in Section 6(a)); and (2) The Cordova Community Council Foundation has received all necessary governmental permits and approvals for the Digital Freeway Sign, including the Caltrans Permits and the City Permits.

(g) “Digital Freeway Sign” means an off-site outdoor advertising sign, including all above- ground supporting structures, with one or more digital display areas. A Digital Freeway Sign may be internally or externally illuminated. Digital Freeway Signs are always considered off-site signs and are regulated as such. The Cordova Community Council Foundation will install and operate the Digital Freeway Signs on the Site in accordance with the criteria set forth in Exhibit A to this Agreement.

(h) “Digital Display Area” means the portion of the Digital Freeway Sign that consists of the digital display areas used for general commercial advertising. The Digital Display Area is more particularly described in Exhibit B.

(i) “Effective Date” means the date as of which both the City and the Cordova Community Council Foundation have signed this Agreement, as indicated by the dates in the signature blocks below.

(j) “Include” and its variants are not restrictive. For example, “includes” means “includes but not limited to,” and “including” means “including but not limited to.”

(k) “Operational” means the Digital Freeway Signs are capable, legally and functionally, of displaying digital advertising on the Digital Display Area.

(l) “Obstruction” means any structure, sound wall, communications antennae, tree, or vegetation on City owned or controlled property within 1,000 feet of the Digital Freeway Sign and obstructs the view of the Digital Display Areas from the viewing public on Highway 50.

ITEM 9.4. ATTACHMENT 2
Contract Amendment No. 2024-42-1
Agreement for Digital Freeway Sign

(m) “Site” means the portion of the Property located in the City that may be suitable for installation of Digital Freeway Signs. The Site is more particularly described in Exhibit B.

(n) “Sign Structure” means the portion of the Digital Freeway Sign other than the Digital Display Area, including but not limited to supporting pole(s), display frame and all ancillary equipment and utilities installed on the sign Site. The Sign Structure as improved with Digital Display Area is more particularly described in Exhibit B. If the site currently does not have a Sign Structure, the term “Sign Structure” shall mean all supporting pole(s), display frame and ancillary equipment and above-ground utilities installed on the Site.

(o) “Term” means the entire time this Agreement is in effect, as specified in Section 3.

3. Term of Agreement.

(a) Term. The “Term” of this Agreement consists of two phases:

(1) The “Development Phase,” which begins on the Effective Date and ends when the Digital Freeway Sign becomes Operational.

(2) The “Operations Phase,” with regard to the Digital Freeway Sign begins at the end of the Development Phase and ends when such Digital Freeway Sign is removed or after a twenty-five (25) year period following the conclusion of the Development Phase, whichever occurs first. The Agreement is automatically renewed for an additional 25-year Term unless written notice is given by either Party to the other Party 60 days prior to expiration of the initial Term expressing the Party’s intent to terminate this Agreement.

4. Consideration. As consideration for the rights and benefits it enjoys under this Agreement, including the contemplated use during the Term, the Cordova Community Council Foundation shall do all of the following:

(a) Removal of Existing Clear Channel Sign. At no cost to the City, the Cordova Community Council Foundation shall remove the “Existing Sign” identified in Schedule 1, attached to this Agreement and incorporated by reference herein according to the schedule set forth in Schedule 1, subject to the following:

(1) The Cordova Community Council Foundation hereby waives any rights it may have to compensation for the Existing Signs under federal, state, or local law, including the Highway Beautification Act of 1965 (23 United States Code section 131) and the Outdoor Advertising Act (California Business and Professions Code section 5200 and following) for removal of the Existing Signs in accordance with this Agreement. (2) The Cordova Community Council Foundation’s commitment to remove the Existing Sign according to the schedule set forth in Schedule 1 is a material provision of this

ITEM 9.4. ATTACHMENT 2
Contract Amendment No. 2024-42-1
Agreement for Digital Freeway Sign

Agreement. The Cordova Community Council Foundation is not entitled to replace the Existing Signs once they are removed.

(b) Dedicated “Click”. During the Term of this Agreement, to the extent permissible under applicable laws, rules and regulations, the Cordova Community Council Foundation shall display advertisements promoting the City and local community events sponsored by and/or partnered with the City (the “City Copy”) on one digital display spot on the Digital Freeway Sign after each 8-spot digital loop (the “Display Time”) provided that: (i) all proposed City Copy is submitted to the Cordova Community Council Foundation not less than five (5) business days prior to the date on which the City Copy is proposed to be displayed on the Digital Freeway Sign (the “Copy Submission Deadline”); (ii) all digital artwork is consistent with the quality of material to be posted on the Digital Freeway Sign; and (iii) City pays for all digital production costs associated with the City Copy. In no event shall the City be permitted to give, sell, trade, barter or exchange the Display Time to any third party. Such act shall be deemed a material breach of this Agreement and City shall automatically forfeit its right to any further Display Time on the Digital Freeway Sign.

City represents and warrants that all copy, content and materials supplied by City to the Cordova Community Council Foundation for display under this Agreement: (i) are owned or duly licensed by City and do not infringe or misappropriate the rights of any other person or entity; (ii) comply with all applicable federal, state, and local laws, rules and regulations and any industry codes or rules by which City and/or the Cordova Community Council Foundation may be bound and do not contain any obscene, libelous, slanderous or otherwise defamatory materials or refer in an offensive manner to the gender, race or ethnicity of any individual or group; (iii) are accurate and that all claims contained therein have been substantiated; and (iv) do not infringe upon any copyright, trademark or other intellectual property or privacy right of any third party. The advertisement to be shown during this “click” is separate from the amber alert and emergency public service notifications required by 6(i) of this agreement.

5. Use of Site.

(a) Exclusive Uses. Except as otherwise provided in Section 6(i), the Cordova Community Council Foundation has the exclusive right to display outdoor advertising on the Site, in digital formats. The Cordova Community Council Foundation’s exclusive right to conduct outdoor advertising on the Site includes the following:

(1) Installing, erecting, maintaining, operating, improving, supplementing, posting, painting, illuminating, repairing, repositioning, adding, changing, and maintaining equipment required to maintain communications with the Digital Freeway Sign repositioning (with the City’s consent) during the term of this Agreement.

(2) Removing the Digital Display Area and all associated equipment on or from the site when this Agreement terminates, as provided in Section 6(l).

ITEM 9.4. ATTACHMENT 2
Contract Amendment No. 2024-42-1
Agreement for Digital Freeway Sign

(3) Licensing the use of the Digital Freeway Sign, or any portion of it, for any lawful purpose related to outdoor advertising.

(4) All rights to operate the sign faces as Digital Display Areas.

(b) Unobstructed Use.

(1) The City shall not allow the following (an “Obstruction”):

(A) On any City-owned or City-controlled real property within 1,000 feet of the Digital Freeway Sign any structure, sound wall, communications antennae, tree, or vegetation that obstructs the view of the Digital Display Areas from the viewing public on Highway 50.

(2) If The Cordova Community Council Foundation notifies the City in writing that an Obstruction exists, and if the City authorized or actively caused the Obstruction, then the City shall remove or remedy the Obstruction at its own cost within 30 days after receiving the notice. If the City fails to remove the Obstruction within 30 days after receiving the notice, then The Cordova Community Council Foundation may remove the Obstruction at the City’s expense after coordinating with the City’s Public Works Department, which coordination shall include, at a minimum, review with The Cordova Community Council Foundation before commencing work.

(3) If The Cordova Community Council Foundation notifies the City in writing that an Obstruction exists, and if the City did not authorize or actively cause the Obstruction, then the City may remove or remedy the Obstruction at its own cost within 30 days after receiving the notice. If the City does not remove or remedy the Obstruction within the 30 days, then, at no cost to the City, and after coordinating with the City’s Public Works Department, which coordination shall include, at a minimum, review and approval of The Cordova Community Council Foundation’s plans to remove the Obstruction prior to The Cordova Community Council Foundation commencing work.

(4) The City is not obligated to remove or seek removal of visual obstructions on private property. Furthermore, this Agreement does not, and cannot authorize the Cordova Community Council Foundation to remove visual obstructions from private property.

(5) The Cordova Community Council Foundation exercise of its rights under this Section 5(b) are in addition to any other remedies it may have under this Agreement.

ITEM 9.4. ATTACHMENT 2
Contract Amendment No. 2024-42-1
Agreement for Digital Freeway Sign

6. Installation and Operation of a Digital Freeway Sign.

The Cordova Community Council Foundation shall install and operate the Digital Display Area on the Sign Structure in accordance with this Section 6 and consistent with Section 5, all at no cost to the City.

(a) Plans and Specifications. At no cost to the City, the Cordova Community Council Foundation shall prepare complete plans and specifications for the Digital Freeway Sign, working closely with the City to develop plans and specifications that are mutually acceptable (the “Plans”). The Cordova Community Council Foundation shall submit the Plans to the City for final approval, which the City shall not unreasonably withhold.

(b) Caltrans Permits. As soon as practicable after the Effective Date, the Cordova Community Council Foundation shall apply to Caltrans for all Caltrans Permits, and the City shall cooperate with The Cordova Community Council Foundation in that effort, including the completion of any Caltrans forms. All Caltrans Permits are to be obtained and secured for The Cordova Community Council Foundation’s sole benefit and are to be issued in The Cordova Community Council Foundation’s name. The Cordova Community Council Foundation shall perform all obligations under the Caltrans Permits at no cost to the City.

(c) City Permits. The City shall diligently process the Cordova Community Council Foundation’s applications for all City Permits. This Agreement does not commit the City in advance to approve the City Permits; and this Agreement does not constrain the City’s discretion, acting as a government, with respect to the City Permits generally or to the Digital Freeway Sign specifically.

(d) Installation. The Cordova Community Council Foundation shall begin installing the Digital Display Area as soon as practicable after the Commencement Date and shall diligently pursue installation to completion without unnecessary interruption. The Cordova Community Council Foundation will be excused, however, for any delays in beginning or completing installation that are caused by a Force Majeure Event, as defined in Section 9(d)(1). The Cordova Community Council Foundation shall use reasonable diligence to avoid such delays and to resume work as promptly as possible after such a delay.

(e) Ownership. The Cordova Community Council Foundation will be the owner of the Digital Freeway Sign and all permits and authorizations that relate to it, including the City Permits and the Caltrans Permits.

(f) Maintenance. At no cost to the City, the Cordova Community Council Foundation shall maintain the Sign Structure and shall maintain and repair the Digital Freeway Sign in accordance with the standards of the outdoor-advertising industry. The Cordova Community Council Foundation’s maintenance obligation under this Section 6(f) includes the obligation to remove any graffiti from the Sign Structure and the Digital Freeway Sign

ITEM 9.4. ATTACHMENT 2
Contract Amendment No. 2024-42-1
Agreement for Digital Freeway Sign

within three (3) business days of being notified of the graffiti by the City. The City is not obligated to maintain the Sign Structure or to maintain or repair the Digital Freeway Sign.

(g) Damage or Destruction. This Agreement will continue in full effect if any of the Digital Freeway Sign is damaged and such damage amounts to less than material damage, as defined in Section 7(b)(6) below. The Cordova Community Council Foundation shall promptly repair the Digital Freeway Sign, and The Cordova Community Council shall promptly apply for, and diligently pursue the issuance of, any permits or approvals it needs to repair or replace the Digital Freeway Sign. Within 30 days after obtaining the City Permits, all other necessary permits and approvals, and all parts and components, The Cordova Community Council Foundation shall begin work to repair or replace the Digital Freeway Sign. The Cordova Community Council Foundation shall complete the work within 180 days after the work begins. If the Cordova Community Council Foundation elects, under this Section 6(g), not to repair or replace the Digital Freeway Sign then the Cordova Community Council shall notify the City in writing of its election and shall remove the Digital Freeway Sign and restore the Site in accordance with Section 6(l).

(h) Utilities. At no cost to the City, the Cordova Community Council Foundation shall provide and pay for all utility connections, utility equipment, and utility service required to install, operate, maintain, repair, improve, or reposition the Digital Freeway Sign. The Cordova Community Council Foundation shall participate in the Sacramento Municipal Utility District’s Greenergy Program for electricity service to the Digital Freeway Sign. In the event electrical power becomes unavailable, for whatever reason, the Cordova Community Council Foundation may remove the Digital Display Area and operate its Sign Structure with traditional faces.

(i) Amber Alerts and Public-Service Messages. During all periods when Digital Display Areas are Operational on the Digital Freeway Sign, The Cordova Community Council Foundation shall make the Digital Display Area available to the appropriate governmental agencies for the purpose of displaying “Amber Alert” messages in accordance with the Amber Alert Guidelines set forth in Exhibit C to this Agreement. In addition, the Cordova Community Council Foundation shall allow the Digital Display Area to be available to the City, and to other government agencies without cost, on a space-available basis determined by The Cordova Community Council Foundation for the purpose of displaying public-service messages (e.g., evacuation routes, drunk-driving-awareness messages, emergency- disaster communications). The City’s messages must meet the Cordova Community Council Foundation’s graphics-arts standards so that the messages are “camera ready,” at no cost to the Cordova Community Council Foundation. All copy will be subject to The Cordova Community Council Foundation’s standard advertising copy rejection and removal policies which allow The Cordova Community Council Foundation has sole discretion to approve or disapprove a copy and remove a copy once posted or displayed.

ITEM 9.4. ATTACHMENT 2
Contract Amendment No. 2024-42-1
Agreement for Digital Freeway Sign

(j) Future technologies. The technology currently being deployed for the Digital Freeway Sign is LED (light emitting diode), but there may be alternate, preferred or superior technology available in the future. The Cordova Community Council Foundation is authorized to change the Digital Freeway Sign to any other technology that operates under the maximum brightness standards set forth in Section 6(k) of this Agreement. City required approvals for more energy efficient technology shall not be unreasonably withheld.

(k) Illumination Standards. Digital Freeway Sign illumination is expressly permitted when in compliance with all applicable rules and regulations (see Section 6(m) below) and when operated within these standards for Digital Freeway Signs:

(1) Shall not operate at brightness levels of more than 0.3 foot candles above ambient light, as measured using a foot candle meter at a pre-set distance.

(2) Distance to measure the foot candles impact shall be measured from a distance of 250 ft. for a sign with a nominal face size no more than 20’ x 60’.

(3) Each Digital Display Area must have a light sensing device that will adjust the brightness as ambient light conditions change.

(l) Removal of Digital Freeway Sign. When the Term ends, whether it expires as scheduled or is terminated early, the Cordova Community Council Foundation shall promptly apply for, and diligently pursue the issuance of, at no cost to the City, any permits or approvals it needs to remove the Digital Freeway Sign, including the Digital Display Area and all above-ground sign structures and supports. Within 120 days after obtaining the necessary permits and approvals, the Cordova Community Council shall remove the Digital Freeway Sign and all above-ground sign structures and supports and restore the site to the pre- Agreement condition, all at no cost to the City. The Cordova Community Council Foundation shall not be required to remove the below-grade portions of the Sign Structure. Following termination of this Agreement but prior to removal of the Digital Freeway Sign, the Cordova Community Council Foundation shall not display digital advertising on the Digital Display Area.
(m) Compliance with Laws; Waiver of Compensation. During the Term and while removing the Digital Freeway Sign after the Term in accordance with Section 6(k), Cordova Community Council Foundation shall do the following at no cost to the City: comply with all valid and applicable statutes, ordinances, regulations, rules, and orders that concern the Digital Freeway Sign and are enacted or issued by any federal, state, or local governmental entity with jurisdiction over the Digital Freeway Sign (including the City) whether enacted or issued before, on, or after the Effective Date including but not limited to sections 5403, 5402, 5405, 5408 and 5408.1 of the California Outdoor Advertising Act. Notwithstanding the foregoing, nothing herein shall be deemed to negate, void, or diminish (i) any claim Cordova Community Council Foundation may have for just compensation as a result of any governmental action that results in the taking of its property or (ii) the right of the

ITEM 9.4. ATTACHMENT 2
Contract Amendment No. 2024-42-1
Agreement for Digital Freeway Sign

Cordova Community Council Foundation to avail itself of all available remedies under state or federal law to maintain its Digital Freeway Sign. (n) Justification for sign height and face size.

• The sign has no value to either the City of Rancho Cordova or the Cordova Community Council Foundation if it is not economically viable.
• If the sign cannot be easily seen by freeway traffic the sign will not be economically viable.
• Every other digital sign in the Rancho Cordova is within 5 feet of Caltrans ROW with fully clear view corridors.
• The Mine Shaft sign is over 180 feet from that same Caltrans ROW. • Between the Mine Shaft signs and Caltrans ROW there are the following impediments:
o Future freeway overpass (Approximately 47 feet tall), o Four Lane Folsom Blvd with both center parkway landscaping that includes trees, o Fully mature oak trees between Folsom Blvd. and Caltrans ROW (approximately 45 feet high),
o SacRT Light Rail train tracks,
o Heavy Rail train tracks, and
o Regional Sanitation 20-foot easement.
• The sign is required to be taller to get over the before mentioned visual blockages. • The Larger Display area is required to equalize the difference between a display that is 262 feet (a football field) from an average viewer versus one that is approximately 109 feet from a viewer.
• Even though the display is larger it will appear the same size from an additional half a football field’s distance.
• If the sign does not rise above those visual blocks, it will not be seen. If the sign can be seen but not read it will have no economic value. Therefore, the sign needs to be tall enough to get over the visual blocks and be large enough to be read.

7. Early Termination.

(a) City’s Termination Rights. Without prejudice to its other remedies at law or in equity, the City may terminate this Agreement, at any time and in its sole discretion, effective 30 days after the City gives Cordova Community Council Foundation written notice of termination, if any of the following circumstances occurs:

(1) Cordova Community Council Foundation breaches its obligation to perform in accordance with any material provision of this Agreement and: (A) does not cure the breach within 30 days after the City serves it with a written notice of breach or, if the breach cannot reasonably be cured within 30 days; (B), does not begin work on a cure within 30 days after the City serves it with a written notice of breach and diligently pursue the cure to completion within ninety (90) days after work begins.

The parties can agree to extend the time period to cure the breach by mutual

ITEM 9.4. ATTACHMENT 2
Contract Amendment No. 2024-42-1
Agreement for Digital Freeway Sign

written agreement. The express designation in this Agreement of a provision as “material” does not imply that other provisions are not material.

(2) The Cordova Community Council Foundation initiates legal challenge to the validity of this Agreement or its authorizing ordinance.

(b) The Cordova Community Council Foundation’s Termination Rights. Without prejudice to its other remedies at law or in equity, including the right to seek just compensation under the laws of eminent domain as described in Section 9, the Cordova Community Council Foundation may terminate this Agreement, at any time and in its sole discretion, effective 30 days after Cordova Community Council Foundation the City written notice of termination, if any of the following circumstances occurs:

(1) The view of the Digital Display Area from the adjacent portion of Highway 50 is obstructed by an Obstruction on City-owned or City-controlled real property, and Cordova Community Council Foundation did not cause the Obstruction and the City has failed to adhere to its obligations under Section 5(b) following proper notice and: (A) does not cure the breach within 30 days after the City serves it with a written notice of breach or, if the breach cannot reasonably be cured within 30 days; (B), does not begin work on a cure within 30 days after the City serves it with a written notice of breach and diligently pursue the cure to completion within ninety (90) days after work begins. The parties can agree to extend the time period to cure the breach by mutual written agreement. The express designation in this Agreement of a provision as “material” does not imply that other provisions are not material. Materially obstructed shall mean at least one-half of the displayed area is obstructed.

(2) The Cordova Community Council Foundation cannot safely use the Site to install, operate, maintain, repair, or improve the Digital Freeway Sign because of a non- remediable or costly condition, and Cordova Community Council Foundation did not cause the condition.

(3) There is a material diversion of traffic from, or a material reduction or change in the directional flow of traffic on, the portion of Highway 50 adjacent to the Site, and the diversion or disruption continues uninterrupted for at least 30 consecutive days.

(4) The Cordova Community Council Foundation cannot obtain or maintain any governmental permits, licenses or approvals required to install, operate, maintain, repair, or improve the Digital Freeway Sign, including but not limited to the Caltrans Permits and the City Permits.

(5) Use of the Digital Freeway Sign for its intended purpose is prevented or limited by law, or Cordova Community Council Foundation is required by any court or other

ITEM 9.4. ATTACHMENT 2
Contract Amendment No. 2024-42-1
Agreement for Digital Freeway Sign

governmental entity, for reasons other than eminent domain, to remove the Digital Freeway Sign from the Site.

(6) The Digital Freeway Sign is materially damaged or destroyed and Cordova Community Council Foundation elects not to repair or replace the Digital Display Area. Materially damaged or destroyed shall mean at least one-half of the Digital Display Area is damaged or destroyed such that at least one-half of it is fully inoperable.

(c) City and the Cordova Community Council Foundation’s Additional Termination Rights.

Without prejudice to their other remedies at law or in equity, either party may terminate this Agreement if the other party:

(1) Has an order for relief entered with respect to it, commences a voluntary case, or has an involuntary case filed against it under any applicable bankruptcy, insolvency, or other similar law then in effect, and the order or case is not stayed, withdrawn, or settled within 60 days after it is entered, commenced, or filed (11 U.S.C. § 365(e)(2)(A), as amended, or any successor statute); or

(2) Files for reorganization, becomes insolvent, or has a receiver or other officer with similar powers appointed for its affairs in any court with jurisdiction, whether or not with its consent (unless dismissed, bonded, or discharged within 60 days after appointment).

8. Indemnification.

(a) Definitions. The following definitions apply to this Section 8:

(1) “Person” is to be interpreted broadly. It includes not just third persons but also the Cordova Community Council Foundation and its directors, officers, employees, contractors, and agents; and the City and the City’s elected officials, officers, employees, contractors, and agents.

(2) “Liabilities” means all liabilities, claims, demands, damages, and costs (including reasonable attorneys’ fees and litigation costs through final resolution on appeal) that arise directly or indirectly from The Cordova Community Council Foundation’s possession or use of the Site.

(3) “Occurrence” means: (A) the death of, or injury to, any Person; and (B) damage to, or destruction of, any real property, personal property.

(b) General Indemnity. The Cordova Community Council Foundation shall indemnify, defend (with attorneys reasonably acceptable to the City), protect, and hold the City harmless from and against all Liabilities that arise directly or indirectly from The Cordova

ITEM 9.4. ATTACHMENT 2
Contract Amendment No. 2024-42-1
Agreement for Digital Freeway Sign

Community Council Foundation’s possession or use of the Site. The Cordova Community Council Foundation is obligated under this Section 8(b) even if the City or the City’s elected officials, officers, employees, contractors, or agents reviewed, accepted, or approved the work, materials, or activities from which the Liabilities arise. The Cordova Community Council Foundation is not obligated under this Section 8(b) to the extent the Liabilities are caused by the active negligence or willful misconduct of the City or the City’s elected officials, officers, employees, contractors, or agents. The Cordova Community Council Foundation’s obligation under this Section 8 (b) includes Liabilities arising from any of the following:

(1) Any Occurrence on the Site, caused by The Cordova Community Council Foundation’s acts or omissions.

(2) Any Occurrence that is in any way connected with any of the Cordova Community Council Foundation’s personal property on the Site.

(3) Any Occurrence caused or allegedly caused by (A) any condition of the Site created by The Cordova Community Council Foundation or by any Person on the Site with The Cordova Community Council Foundation’s permission; or (B) some act or omission on the Site by The Cordova Community Council Foundation or by any Person on the Site with Cordova Community Council Foundation’s permission.

(4) Any Occurrence caused by, or related in any way to, work or activities performed on the Site or materials furnished to the Site at the request of the Cordova Community Council Foundation or any Person or entity acting for the Cordova Community Council Foundation or its permission.

(5) Any Occurrence that is caused by, or related in any way to, a verbal or non-verbal display on the Digital Display Area.

(6) The Cordova Community Council Foundation’s failure to perform any provision of this Agreement, to comply with any requirement of law applicable to the Cordova Community Council Foundation, or to fulfill any requirement imposed by any governmental entity (including the City when acting as a government) on Cordova Community Council Foundation’s or use of the Site.

(c) Legal Challenges. Cordova Community Council Foundation shall indemnify, defend with attorneys selected by the City, protect, and hold harmless the City and the City’s elected officials, officers, and employees (“Agents”) in any litigation to attack, set aside, void or annul an approval by the City or its Agents concerning the Digital Freeway Sign (collectively, a “Claim”” including litigation based on the California Environmental Quality Act) brought to challenge the validity of this Agreement, the validity of the City Permits or the Caltrans Permits, or the validity of the City ordinances that authorize the installation and Operation of the Digital Freeway Sign on the site. The Cordova Community Council

ITEM 9.4. ATTACHMENT 2
Contract Amendment No. 2024-42-1
Agreement for Digital Freeway Sign

Foundation’s obligation to indemnify under this Section 8(c) includes liability for attorneys’ fees awarded to a party who successfully challenges the validity of this Agreement, the City Permits, or the Caltrans Permits, or any authorizing ordinance. If such a Claim is brought, the Party that first receives notice or becomes aware of the Claim shall promptly notify the other Party of such Claim and each Party shall cooperate with the efforts of the other Party to defend such Claim. The City will not voluntarily assist the opposing party in any such Claim unless required by law. Nothing in this paragraph shall obligate the City to defend any Claim and the City shall not be required to pay or perform any settlement arising from any such Claim unless the settlement is approved in writing by the City.

(d) Survival. Cordova Community Council Foundation’s obligations under this Section 8 will survive this Agreement.

9. Miscellaneous.

(a) Assignments and SubAgreements. A party may not assign or otherwise transfer this Agreement or any interest in it, and this Agreement is not assignable by operation of law, without the other Party’s prior written consent, which the other party shall not withhold, delay, or condition unreasonably. This Agreement remains in effect, and an assignment or transfer of this Agreement does not occur, for purposes of this Section 9(a), if The Cordova Community Council Foundation merges with another Rancho Cordova Community Benefit nonprofit entity. An assignment or transfer made contrary to this Section 9(a) is void.

(b) Successors and Assigns. This Agreement binds and inures to the benefit of the successors and permitted assigns of the parties. This Section 9(b) does not constitute the City’s consent to any assignment of this Agreement or any interest in the Agreement.

(c) Notices. Any notice or other communication under this Agreement must be in writing and will be considered properly given and effective only when mailed or delivered in the manner provided by this Section 9(c) to the persons identified below. A mailed notice or other communication will be effective or will be considered to have been given on the third day after it is deposited in the United States Mail (certified mail and return receipt requested), addressed as set forth below, with postage prepaid. A notice or other communication sent in any other manner will be effective or will be considered properly given when actually delivered. A Party may change its address for these purposes by giving written notice of the change to the other Party in the manner provided in this Section 9(c).

If to the City:

City of Rancho Cordova
Planning Department
If to:

The Cordova Community Council
Foundation

ITEM 9.4. ATTACHMENT 2
Contract Amendment No. 2024-42-1
Agreement for Digital Freeway Sign

2729 Prospect Park Drive
Rancho Cordova, California 95670
Attention:

Darcy Goulart
Community Development Director

The Cordova Community Council
Foundation
2729 Prospect Park Drive, Suite 117
Rancho Cordova, CA 95670
Attention:

Shelly Blanchard
Executive Director

With a copy to:

(d) Force Majeure.

(1) “Force Majeure Event” means a cause of delay that is not the fault of the Party who is required to perform under this Agreement and is beyond that Party’s reasonable control, including the elements (such as floods, earthquakes, windstorms, and unusually severe weather), fire, energy shortages or rationing, riots, acts of terrorism, war or war-defense conditions, acts of any public enemy, epidemics, the actions or inactions of any governmental entity or that entity’s agents, litigation, labor shortages (including shortages caused by strikes or walkouts), and materials shortages.

(2) Except as otherwise expressly provided in this Agreement, if the performance of any act required by this Agreement to be performed by either the City or the Cordova Community Council Foundation is prevented or delayed because of a Force Majeure Event, then the time for performance will be extended for a period equivalent to the period of delay, and performance of the act during the period of delay will be excused.

(e) Waiver of Breach. A Party’s failure to insist on strict performance of this Agreement or to exercise any right or remedy upon the other Party’s breach of this Agreement will not constitute a waiver of the performance, right, or remedy. A Party’s waiver of the other Party’s breach of any provision in this Agreement will not constitute a continuing waiver or a waiver of any subsequent breach of the same or any other provision. A waiver is binding only if set forth in writing and signed by the waiving Party.

(f) Relationship of the Parties. This Agreement does not create any relationship or association between the City and the Cordova Community Council Foundation. For example, and without limiting the previous sentence, this Agreement does not create between the City and Cordova Community Council Foundation the relationship of principal and agent, nor does it create a partnership or joint venture. (g) Attorneys’ Fees. The Party prevailing in any litigation concerning this Agreement, the Site, or any improvements to the Site (including the Digital Freeway Sign) will be entitled to an award by the court of reasonable attorneys’ fees and litigation costs through final resolution on appeal in addition to any other relief that may be granted in the litigation.

ITEM 9.4. ATTACHMENT 2
Contract Amendment No. 2024-42-1
Agreement for Digital Freeway Sign

If the City is the prevailing party, then this Section 9(g) will apply whether the City is represented in the litigation by the Office of the City Attorney or by outside counsel.

(h) Severability. If a court with jurisdiction holds any nonmaterial provision of this Agreement to be invalid, void, or unenforceable, then the remaining provisions will remain in full force.

(i) Counterparts. The parties may execute this Agreement in counterparts, each of which will be considered an original, but all of which will constitute the same Agreement.

(j) Further Assurances. Each Party shall execute all additional documents or instruments and take all necessary action that either Party reasonably considers necessary to carry out the proper purposes of this Agreement.

(k) Time of Essence. Time is of the essence of this Agreement.

(l) Interpretation. This Agreement is to be interpreted and applied in accordance with California law without regard to conflict-of-laws principles, except that the rule of interpretation in California Civil Code section 1654 will not apply. Schedules 1 and 2 and Exhibits A, B, and C are part of this Agreement.

(m) Integration and Modification. This Agreement sets forth the Parties’ entire understanding regarding the matters addressed. It supersedes all prior or contemporaneous agreements, representations, and negotiations (written, oral, express, or implied) and may be modified only by another written agreement signed by both Parties.

(Signature Page Follows)

ITEM 9.4. ATTACHMENT 2
Agreement for Digital Billboard
City of Rancho Cordova and Cordova Community Council Foundation Agreement for Digital Freeway Sign

City of Rancho Cordova

By: _________________________

Micah Runner
City Manager
Dated: ____________,
Dated_____________, 2025

Approved as to Form
City Attorney

By: ____________________________
Adam U. Lindgren
City Attorney

The Cordova Community Council Foundation

By: ____________________________

Shelly Blanchard

Executive Director
Dated: ____________,
Dated_____________, 2025

ITEM 9.4. ATTACHMENT 2
Agreement for Digital Freeway Sign
City of Rancho Cordova and Cordova Community Council Foundation Agreement for Digital Freeway Sign

Schedule 1
Existing Billboards to be Removed

New Billboard Existing Billboards
Address:
2300 Mineshaft Lane
APN
APN 072-0231-014

The Cordova Community Council Foundation shall
obtain the necessary permits to remove this
Existing Sign before the Commencement Date for
the new Digital Freeway Signs; and will actually
complete removal within 12 months from said
date:

Locations:

2300 Mineshaft Lane (APN 072-0231-014)
Single Sided traditional billboard with
approximately 672 square feet of sign area

ITEM 9.4. ATTACHMENT 2
Agreement for Digital Freeway Sign
City of Rancho Cordova and Cordova Community Council Foundation Agreement for Digital Freeway Sign

Exhibit A

Digital Freeway Sign Operational Requirements

a. Operational Limitations. Digital Freeway Sign shall display static messages only, and shall not have animation, movement, or the appearance or optical illusion of movement in or on any part of the Sign Structure, design, or pictorial segment of the sign.

Each static message shall not include flashing, scintillating lighting or varying light intensity.

b. Minimum display time. Each message on the sign must be displayed for a minimum of eight (8) seconds.

c. Each display must have a light sensing device that will adjust the brightness as ambient light conditions change.

d. The Digital Freeway Sign shall be operated with systems and monitoring in place to either turn the display off or show a “full black” image on the display in the event of a malfunction that affects at least fifty percent of the display area.

e. The Digital Freeway Sign shall not be deemed prohibited under Section

23.743.050 and is not governed by any of the prohibitions set forth in Subsections B, Q, S or U thereof as the operation thereof is specifically authorized by Section 23.743.150 of the Code.

f. Section 23.743.090 of the Code shall not apply to Digital Freeway Sign.

Illumination for the Digital Freeway Sign shall comply with the terms of this Agreement and is otherwise specifically permitted by Section 23.743.150 of the Code.

g. Digital Freeway Sign is not considered to be a pole sign under Section

23.743.120. E of the Code.

h. Digital Freeway Sign shall not be included within any definition of Flashing set forth in the Code.

ITEM 9.4. ATTACHMENT 2
Agreement for Digital Freeway Sign
City of Rancho Cordova and Cordova Community Council Foundation Agreement for Digital Freeway Sign

Exhibit B
Digital Freeway Sign Description

ITEM 9.4. ATTACHMENT 2
Agreement for Digital Freeway Sign
City of Rancho Cordova and Cordova Community Council Foundation Agreement for Digital Freeway Sign

ITEM 9.4. ATTACHMENT 2
Agreement for Digital Freeway Sign
City of Rancho Cordova and Cordova Community Council Foundation Agreement for Digital Freeway Sign

ITEM 9.4. ATTACHMENT 2
Agreement for Digital Freeway Sign
City of Rancho Cordova and Cordova Community Council Foundation Agreement for Digital Freeway Sign

ITEM 9.4. ATTACHMENT 2
Agreement for Digital Freeway Sign
City of Rancho Cordova and Cordova Community Council Foundation

Exhibit C
Amber Alert Guidelines

AMBER alerts are issued by the National Center for Missing and Exploited Children in Washington, DC. For those alerts, the outdoor advertising industry adhere to these guidelines:

Digital Freeway Sign advertising will be completely interrupted upon receipt of an AMBER Alert within the affected geographical boundary.

The appropriate AMBER Alert will run uninterrupted for a minimum of one hour preempting all other advertising.

Thereafter, during the two hours immediately following the aforementioned one-hour display of the AMBER Alert, the same alert will be displayed in rotation along with other paid advertisers unless cancelled earlier. After the initial 3-hour display period, any additional posting of the alert shall be based on the situation and availability. 5562744.1

ITEM 9.4. ATTACHMENT 3
Agreement for Digital Freeway Sign

DIGITAL FREEWAY SIGN OPERATING AGREEMENT BY AND BETWEEN

CITY OF RANCHO CORDOVA AND CORDOVA COMMUNITY COUNCIL FOUNDATION

PARTIES

This Operating Agreement for Digital Freeway Signs (hereinafter “Agreement”), dated __________, 20245 by and between the City of Rancho Cordova, a California Municipal Corporation (the “City”), and the Cordova Community Council Foundation, a California 501(c)(3) Non-Profit Corporation. Hereinafter the City and Cordova Community Council Foundation may be referred to as “Party” or both as “Parties”.

RECITALS

1. Background. Rancho Cordova Municipal Code Section 23.743.150 , after all required notices and public hearing, allows for the City to enter into an Operating Agreement to allow for the operation of a Digital Freeway Sign under certain circumstances; including the permanent removal of pre-existing billboards from within the City. Cordova Community Council Foundation has applied for approval to install two (2) one (1) Digital Freeway Signs on the real property owned by the Cordova Community Council Foundation and located at 2300 Mine Shaft Lane in the City of Rancho Cordova, State of California (the “Property”).

2. Applicant. The Cordova Community Council Foundation, founded in 1959 as an organization of organizations and a forum for citizens to meet, dream about the future and plan community celebrations. The legacy of mutual support and collaboration nurtured by Cordova Community Council Foundation has become a hallmark of Rancho Cordova community life for more than six decades and has earned our reputation as a place of collaboration and innovation. In 2018, the Cordova Community Council Foundation acquired the Mine Shaft property. The acquisition of the property will give the Cordova Community Council Foundation long term financial strength to continue to provide quality programs and community engagement opportunities. The Cordova Community Council Foundation has experience managing large complex events, public grants, personnel, and real property.

3. Legal Framework. For the reasons recited herein, the City has determined that the construction and operation of the Cordova Community Council Foundation’s proposed outdoor advertising display on the Property is a development for which this Agreement is appropriate and is specifically permitted and encouraged by §§ 5412 and 5443.5 of the California Outdoor Advertising Act (Bus. and Prof. Code § 5200 et seq.) and Rancho Cordova Municipal Code section 23.743.150.

4. Public Benefit. City finds that a substantial public benefit will accrue to City by reason of the Cordova Community Council Foundation’s advertising display, which adds value to the community by enabling the City to market projects, programs and other activities for the benefit of City and its businesses and residents. In addition, the City finds that an additional

ITEM 9.4. ATTACHMENT 3
Agreement for Digital Freeway Sign

substantial public benefit will accrue to the City by reason of the Cordova Community Council Foundation removing, or having caused the removal of, an existing billboard as a material condition of this Agreement for a Digital Freeway Signs. In exchange for providing these public benefits, the Cordova Community Council Foundation, receives assurance that it may proceed with the construction and operation of outdoor advertising display and the project in accordance with ordinances, resolutions and regulations existing as of the date of this Agreement, subject only to the terms and conditions contained herein and contained in any permits issued pursuant to this project.

Together with the City of Rancho Cordova and many community partners, the Cordova Community Council Foundation has contributed to the City of Rancho by providing stability for safe and high-quality signature community events, and convening significant community affinity organizations, including the Rancho Cordova Athletic Association, the Rancho Cordova Arts Council and Rancho Cordova Interfaith Council. Together with the vibrant schedule of dozens of community events, these organizations provide pathways for residents to engage with and enjoy the community in which they live, boosting community satisfaction and connections which strengthen the City. The Cordova Community Council Foundation is a 501(c)(3) public benefit non- profit organization headquartered in Rancho Cordova.

The development and long-term lease of two one digital freeway signs is a critical component of Cordova Community Council Foundation’s strategy which would provide the Cordova Community Council with long term financial stability to carry out this vital community mission.

Cordova Community Council understands that the marketplace for one or more digital freeway signs along the Highway 50 corridor is limited.

NOW, THEREFORE, in consideration of mutual promises, conditions, and covenants hereinafter set forth, the Parties agree as follows:

AGREEMENT

1. Incorporation of Recitals. The Preamble, the Recitals, and all defined terms set forth in both, are hereby incorporated into this Agreement as if set forth herein in full.

2. Definitions. This section defines the terms: “Agreement Year,” “Business Day,” “Caltrans,” “Caltrans Permits,” “City Permits,” “Commencement Date,” “Digital Freeway Sign,” “Digital Display Area,” “Effective Date,” “Include,” “Operational,” “Obstruction,” “Site,” “Sign Structure,” and “Term.” Other terms are defined elsewhere in this Agreement.

(a) “Agreement Year” means one of the consecutive 12-month periods during the Term. The first Agreement Year begins on the Effective Date.

(b) “Business Day” means any day the City’s main offices located at 2729 Prospect Park Drive, Rancho Cordova, California, are open to the public.

ITEM 9.4. ATTACHMENT 3
Agreement for Digital Freeway Sign

(c) “Caltrans” means the California Department of Transportation.

(d) “Caltrans Permits” means all permits and approvals that Cordova Community Council Foundation must obtain from Caltrans to install, operate, and maintain the Digital Freeway Sign in accordance with this Agreement.

(e) “City Permits” means all building permits, conditional use permits, zoning amendments, operating agreements, and other permits, entitlements, and agreements that the City, acting in its governmental capacity, must issue or approve for The Cordova Community Council Foundation, to install, operate, and maintain the Digital Freeway Sign in accordance with this Agreement.

(f) “Commencement Date” means the date as of which both of the following have occurred:
(1) the City has finally approved the Plans (defined in Section 6(a)); and (2) The Cordova Community Council Foundation has received all necessary governmental permits and approvals for the Digital Freeway Sign, including the Caltrans Permits and the City Permits.

(g) “Digital Freeway Sign” means an off-site outdoor advertising sign, including all above- ground supporting structures, with one or more digital display areas. A Digital Freeway Sign may be internally or externally illuminated. Digital Freeway Signs are always considered off-site signs and are regulated as such. The Cordova Community Council Foundation will install and operate the Digital Freeway Signs on the Site in accordance with the criteria set forth in Exhibit A to this Agreement.

(h) “Digital Display Area” means the portion of the Digital Freeway Sign that consists of the digital display areas used for general commercial advertising. The Digital Display Area is more particularly described in Exhibit B.

(i) “Effective Date” means the date as of which both the City and the Cordova Community Council Foundation have signed this Agreement, as indicated by the dates in the signature blocks below.

(j) “Include” and its variants are not restrictive. For example, “includes” means “includes but not limited to,” and “including” means “including but not limited to.”

(k) “Operational” means the Digital Freeway Signs are capable, legally and functionally, of displaying digital advertising on the Digital Display Area.

(l) “Obstruction” means any structure, sound wall, communications antennae, tree, or vegetation on City owned or controlled property within 1,000 feet of the Digital Freeway Sign and obstructs the view of the Digital Display Areas from the viewing public on Highway 50.

ITEM 9.4. ATTACHMENT 3
Agreement for Digital Freeway Sign

(m) “Site” means the portion of the Property located in the City that may be suitable for installation of Digital Freeway Signs. The Site is more particularly described in Exhibit B.

(n) “Sign Structure” means the portion of the Digital Freeway Sign other than the Digital Display Area, including but not limited to supporting pole(s), display frame and all ancillary equipment and utilities installed on the sign Site. The Sign Structure as improved with Digital Display Area is more particularly described in Exhibit B. If the site currently does not have a Sign Structure, the term “Sign Structure” shall mean all supporting pole(s), display frame and ancillary equipment and above-ground utilities installed on the Site.

(o) “Term” means the entire time this Agreement is in effect, as specified in Section 3.

3. Term of Agreement.

(a) Term. The “Term” of this Agreement consists of two phases:

(1) The “Development Phase,” which begins on the Effective Date and ends when the Digital Freeway Signs becomes Operational.

(2) The “Operations Phase,” with regard to the Digital Freeway Sign begins at the end of the Development Phase and ends when such Digital Freeway Sign is removed or after a twenty-five (25) year period following the conclusion of the Development Phase, whichever occurs first. The Agreement is automatically renewed for an additional 25-year Term unless written notice is given by either Party to the other Party 60 days prior to expiration of the initial Term expressing the Party’s intent to terminate this Agreement.

4. Consideration. As consideration for the rights and benefits it enjoys under this Agreement, including the contemplated use during the Term, the Cordova Community Council Foundation shall do all of the following:

(a) Removal of Existing Clear Channel Sign. At no cost to the City, the Cordova Community Council Foundation shall remove the “Existing Sign” identified in Schedule 1, attached to this Agreement and incorporated by reference herein according to the schedule set forth in Schedule 1, subject to the following:

(1) The Cordova Community Council Foundation hereby waives any rights it may have to compensation for the Existing Signs under federal, state, or local law, including the Highway Beautification Act of 1965 (23 United States Code section 131) and the Outdoor Advertising Act (California Business and Professions Code section 5200 and following) for removal of the Existing Signs in accordance with this Agreement. (2) The Cordova Community Council Foundation’s commitment to remove the Existing Sign according to the schedule set forth in Schedule 1 is a material provision of this

ITEM 9.4. ATTACHMENT 3
Agreement for Digital Freeway Sign

Agreement. The Cordova Community Council Foundation is not entitled to replace the Existing Signs once they are removed.

(b) Dedicated “Click”. During the Term of this Agreement, to the extent permissible under applicable laws, rules and regulations, the Cordova Community Council Foundation shall display advertisements promoting the City and local community events sponsored by and/or partnered with the City (the “City Copy”) on one digital display spot on the Digital Freeway Sign after each 8-spot digital loop (the “Display Time”) provided that: (i) all proposed City Copy is submitted to the Cordova Community Council Foundation not less than five (5) business days prior to the date on which the City Copy is proposed to be displayed on the Digital Freeway Sign (the “Copy Submission Deadline”); (ii) all digital artwork is consistent with the quality of material to be posted on the Digital Freeway Sign; and (iii) City pays for all digital production costs associated with the City Copy. In no event shall the City be permitted to give, sell, trade, barter or exchange the Display Time to any third party. Such act shall be deemed a material breach of this Agreement and City shall automatically forfeit its right to any further Display Time on the Digital Freeway Sign.

City represents and warrants that all copy, content and materials supplied by City to the Cordova Community Council Foundation for display under this Agreement: (i) are owned or duly licensed by City and do not infringe or misappropriate the rights of any other person or entity; (ii) comply with all applicable federal, state, and local laws, rules and regulations and any industry codes or rules by which City and/or the Cordova Community Council Foundation may be bound and do not contain any obscene, libelous, slanderous or otherwise defamatory materials or refer in an offensive manner to the gender, race or ethnicity of any individual or group; (iii) are accurate and that all claims contained therein have been substantiated; and (iv) do not infringe upon any copyright, trademark or other intellectual property or privacy right of any third party. The advertisement to be shown during this “click” is separate from the amber alert and emergency public service notifications required by 6(i) of this agreement.

5. Use of Site.

(a) Exclusive Uses. Except as otherwise provided in Section 6(i), the Cordova Community Council Foundation has the exclusive right to display outdoor advertising on the Site, in digital formats. The Cordova Community Council Foundation’s exclusive right to conduct outdoor advertising on the Site includes the following:

(1) Installing, erecting, maintaining, operating, improving, supplementing, posting, painting, illuminating, repairing, repositioning, adding, changing, and maintaining equipment required to maintain communications with the Digital Freeway Sign repositioning (with the City’s consent) during the term of this Agreement.

(2) Removing the Digital Display Area and all associated equipment on or from the site when this Agreement terminates, as provided in Section 6(l).

ITEM 9.4. ATTACHMENT 3
Agreement for Digital Freeway Sign

(3) Licensing the use of the Digital Freeway Sign, or any portion of it, for any lawful purpose related to outdoor advertising.

(4) All rights to operate the sign faces as Digital Display Areas.

(b) Unobstructed Use.

(1) The City shall not allow the following (an “Obstruction”):

(A) On any City-owned or City-controlled real property within 1,000 feet of the Digital Freeway Sign any structure, sound wall, communications antennae, tree, or vegetation that obstructs the view of the Digital Display Areas from the viewing public on Highway 50.

(2) If The Cordova Community Council Foundation notifies the City in writing that an Obstruction exists, and if the City authorized or actively caused the Obstruction, then the City shall remove or remedy the Obstruction at its own cost within 30 days after receiving the notice. If the City fails to remove the Obstruction within 30 days after receiving the notice, then The Cordova Community Council Foundation may remove the Obstruction at the City’s expense after coordinating with the City’s Public Works Department, which coordination shall include, at a minimum, review with The Cordova Community Council Foundation before commencing work.

(3) If The Cordova Community Council Foundation notifies the City in writing that an Obstruction exists, and if the City did not authorize or actively cause the Obstruction, then the City may remove or remedy the Obstruction at its own cost within 30 days after receiving the notice. If the City does not remove or remedy the Obstruction within the 30 days, then, at no cost to the City, and after coordinating with the City’s Public Works Department, which coordination shall include, at a minimum, review and approval of The Cordova Community Council Foundation’s plans to remove the Obstruction prior to The Cordova Community Council Foundation commencing work.

(4) The City is not obligated to remove or seek removal of visual obstructions on private property. Furthermore, this Agreement does not, and cannot authorize the Cordova Community Council Foundation to remove visual obstructions from private property.

(5) The Cordova Community Council Foundation exercise of its rights under this Section 5(b) are in addition to any other remedies it may have under this Agreement.

ITEM 9.4. ATTACHMENT 3
Agreement for Digital Freeway Sign

6. Installation and Operation of a Digital Freeway Sign.

The Cordova Community Council Foundation shall install and operate the Digital Display Area on the Sign Structure in accordance with this Section 6 and consistent with Section 5, all at no cost to the City.

(a) Plans and Specifications. At no cost to the City, the Cordova Community Council Foundation shall prepare complete plans and specifications for the Digital Freeway Sign, working closely with the City to develop plans and specifications that are mutually acceptable (the “Plans”). The Cordova Community Council Foundation shall submit the Plans to the City for final approval, which the City shall not unreasonably withhold.

(b) Caltrans Permits. As soon as practicable after the Effective Date, the Cordova Community Council Foundation shall apply to Caltrans for all Caltrans Permits, and the City shall cooperate with The Cordova Community Council Foundation in that effort, including the completion of any Caltrans forms. All Caltrans Permits are to be obtained and secured for The Cordova Community Council Foundation’s sole benefit and are to be issued in The Cordova Community Council Foundation’s name. The Cordova Community Council Foundation shall perform all obligations under the Caltrans Permits at no cost to the City.

(c) City Permits. The City shall diligently process the Cordova Community Council Foundation’s applications for all City Permits. This Agreement does not commit the City in advance to approve the City Permits; and this Agreement does not constrain the City’s discretion, acting as a government, with respect to the City Permits generally or to the Digital Freeway Sign specifically.

(d) Installation. The Cordova Community Council Foundation shall begin installing the Digital Display Area as soon as practicable after the Commencement Date and shall diligently pursue installation to completion without unnecessary interruption. The Cordova Community Council Foundation will be excused, however, for any delays in beginning or completing installation that are caused by a Force Majeure Event, as defined in Section 9(d)(1). The Cordova Community Council Foundation shall use reasonable diligence to avoid such delays and to resume work as promptly as possible after such a delay.

(e) Ownership. The Cordova Community Council Foundation will be the owner of the Digital Freeway Sign and all permits and authorizations that relate to it, including the City Permits and the Caltrans Permits.

(f) Maintenance. At no cost to the City, the Cordova Community Council Foundation shall maintain the Sign Structure and shall maintain and repair the Digital Freeway Sign in accordance with the standards of the outdoor-advertising industry. The Cordova Community Council Foundation’s maintenance obligation under this Section 6(f) includes the obligation to remove any graffiti from the Sign Structure and the Digital Freeway Sign

ITEM 9.4. ATTACHMENT 3
Agreement for Digital Freeway Sign

within three (3) business days of being notified of the graffiti by the City. The City is not obligated to maintain the Sign Structure or to maintain or repair the Digital Freeway Sign.

(g) Damage or Destruction. This Agreement will continue in full effect if any of the Digital Freeway Sign is damaged and such damage amounts to less than material damage, as defined in Section 7(b)(6) below. The Cordova Community Council Foundation shall promptly repair the Digital Freeway Sign, and The Cordova Community Council shall promptly apply for, and diligently pursue the issuance of, any permits or approvals it needs to repair or replace the Digital Freeway Sign. Within 30 days after obtaining the City Permits, all other necessary permits and approvals, and all parts and components, The Cordova Community Council Foundation shall begin work to repair or replace the Digital Freeway Sign. The Cordova Community Council Foundation shall complete the work within 180 days after the work begins. If the Cordova Community Council Foundation elects, under this Section 6(g), not to repair or replace the Digital Freeway Sign then the Cordova Community Council shall notify the City in writing of its election and shall remove the Digital Freeway Sign and restore the Site in accordance with Section 6(l).

(h) Utilities. At no cost to the City, the Cordova Community Council Foundation shall provide and pay for all utility connections, utility equipment, and utility service required to install, operate, maintain, repair, improve, or reposition the Digital Freeway Sign. The Cordova Community Council Foundation shall participate in the Sacramento Municipal Utility District’s Greenergy Program for electricity service to the Digital Freeway Sign. In the event electrical power becomes unavailable, for whatever reason, the Cordova Community Council Foundation may remove the Digital Display Area and operate its Sign Structure with traditional faces.

(i) Amber Alerts and Public-Service Messages. During all periods when Digital Display Areas are Operational on the Digital Freeway Sign, The Cordova Community Council Foundation shall make the Digital Display Area available to the appropriate governmental agencies for the purpose of displaying “Amber Alert” messages in accordance with the Amber Alert Guidelines set forth in Exhibit C to this Agreement. In addition, the Cordova Community Council Foundation shall allow the Digital Display Area to be available to the City, and to other government agencies without cost, on a space-available basis determined by The Cordova Community Council Foundation for the purpose of displaying public-service messages (e.g., evacuation routes, drunk-driving-awareness messages, emergency- disaster communications). The City’s messages must meet the Cordova Community Council Foundation’s graphics-arts standards so that the messages are “camera ready,” at no cost to the Cordova Community Council Foundation. All copy will be subject to The Cordova Community Council Foundation’s standard advertising copy rejection and removal policies which allow The Cordova Community Council Foundation has sole discretion to approve or disapprove a copy and remove a copy once posted or displayed.

ITEM 9.4. ATTACHMENT 3
Agreement for Digital Freeway Sign

(j) Future technologies. The technology currently being deployed for the Digital Freeway Sign is LED (light emitting diode), but there may be alternate, preferred or superior technology available in the future. The Cordova Community Council Foundation is authorized to change the Digital Freeway Sign to any other technology that operates under the maximum brightness standards set forth in Section 6(k) of this Agreement. City required approvals for more energy efficient technology shall not be unreasonably withheld.

(k) Illumination Standards. Digital Freeway Sign illumination is expressly permitted when in compliance with all applicable rules and regulations (see Section 6(m) below) and when operated within these standards for Digital Freeway Signs:

(1) Shall not operate at brightness levels of more than 0.3 foot candles above ambient light, as measured using a foot candle meter at a pre-set distance.

(2) Distance to measure the foot candles impact shall be measured from a distance of 250 ft. for a sign with a nominal face size no more than 20’ x 60’.

(3) Each Digital Display Area must have a light sensing device that will adjust the brightness as ambient light conditions change.

(l) Removal of Digital Freeway Sign. When the Term ends, whether it expires as scheduled or is terminated early, the Cordova Community Council Foundation shall promptly apply for, and diligently pursue the issuance of, at no cost to the City, any permits or approvals it needs to remove the Digital Freeway Sign, including the Digital Display Area and all above-ground sign structures and supports. Within 120 days after obtaining the necessary permits and approvals, the Cordova Community Council shall remove the Digital Freeway Sign and all above-ground sign structures and supports and restore the site to the pre- Agreement condition, all at no cost to the City. The Cordova Community Council Foundation shall not be required to remove the below-grade portions of the Sign Structure. Following termination of this Agreement but prior to removal of the Digital Freeway Sign, the Cordova Community Council Foundation shall not display digital advertising on the Digital Display Area.
(m) Compliance with Laws; Waiver of Compensation. During the Term and while removing the Digital Freeway Sign after the Term in accordance with Section 6(k), Cordova Community Council Foundation shall do the following at no cost to the City: comply with all valid and applicable statutes, ordinances, regulations, rules, and orders that concern the Digital Freeway Sign and are enacted or issued by any federal, state, or local governmental entity with jurisdiction over the Digital Freeway Sign (including the City) whether enacted or issued before, on, or after the Effective Date including but not limited to sections 5403, 5402, 5405, 5408 and 5408.1 of the California Outdoor Advertising Act. Notwithstanding the foregoing, nothing herein shall be deemed to negate, void, or diminish (i) any claim Cordova Community Council Foundation may have for just compensation as a result of any governmental action that results in the taking of its property or (ii) the right of the

ITEM 9.4. ATTACHMENT 3
Agreement for Digital Freeway Sign

Cordova Community Council Foundation to avail itself of all available remedies under state or federal law to maintain its Digital Freeway Sign. (n) Justification for sign height and face size.

• The sign has no value to either the City of Rancho Cordova or the Cordova Community Council Foundation if it is not economically viable.
• If the signs cannot be easily seen by freeway traffic the sign will not be economically viable.
• Every other digital sign in the Rancho Cordova is within 5 feet of Caltrans ROW with fully clear view corridors.
• The Mine Shaft signs are is over 180 feet from that same Caltrans ROW. • Between the Mine Shaft signs and Caltrans ROW there are the following impediments:
o Future freeway overpass (Approximately 47 feet tall), o Four Lane Folsom Blvd with both center parkway landscaping that includes trees, o Fully mature oak trees between Folsom Blvd. and Caltrans ROW (approximately 45 feet high),
o SacRT Light Rail train tracks,
o Heavy Rail train tracks, and
o Regional Sanitation 20-foot easement.
• The sign is required to be taller to get over the before mentioned visual blockages. • Regarding the Future freeway overpass the bottom of the west sign will be approximately 27 feet above the future overpass roadway deck. • The Larger Display area is required to equalize the difference between a display that is 262 feet (a football field) from an average viewer versus one that is approximately 109 feet from a viewer.
• Even though the display is larger it will appear the same size from an additional half a football field’s distance.
• If the sign does not rise above those visual blocks, it will not be seen. If the sign can be seen but not read it will have no economic value. Therefore, the sign needs to be tall enough to get over the visual blocks and be large enough to be read.

7. Early Termination.

(a) City’s Termination Rights. Without prejudice to its other remedies at law or in equity, the City may terminate this Agreement, at any time and in its sole discretion, effective 30 days after the City gives Cordova Community Council Foundation written notice of termination, if any of the following circumstances occurs:

(1) Cordova Community Council Foundation breaches its obligation to perform in accordance with any material provision of this Agreement and: (A) does not cure the breach within 30 days after the City serves it with a written notice of breach or, if the breach cannot reasonably be cured within 30 days; (B), does not begin work on a cure within 30 days after the City serves it with a written notice of breach and

ITEM 9.4. ATTACHMENT 3
Agreement for Digital Freeway Sign

diligently pursue the cure to completion within ninety (90) days after work begins.

The parties can agree to extend the time period to cure the breach by mutual written agreement. The express designation in this Agreement of a provision as “material” does not imply that other provisions are not material.

(2) The Cordova Community Council Foundation initiates legal challenge to the validity of this Agreement or its authorizing ordinance.

(b) The Cordova Community Council Foundation’s Termination Rights. Without prejudice to its other remedies at law or in equity, including the right to seek just compensation under the laws of eminent domain as described in Section 9, the Cordova Community Council Foundation may terminate this Agreement, at any time and in its sole discretion, effective 30 days after Cordova Community Council Foundation the City written notice of termination, if any of the following circumstances occurs:

(1) The view of the Digital Display Area from the adjacent portion of Highway 50 is obstructed by an Obstruction on City-owned or City-controlled real property, and Cordova Community Council Foundation did not cause the Obstruction and the City has failed to adhere to its obligations under Section 5(b) following proper notice and: (A) does not cure the breach within 30 days after the City serves it with a written notice of breach or, if the breach cannot reasonably be cured within 30 days; (B), does not begin work on a cure within 30 days after the City serves it with a written notice of breach and diligently pursue the cure to completion within ninety (90) days after work begins. The parties can agree to extend the time period to cure the breach by mutual written agreement. The express designation in this Agreement of a provision as “material” does not imply that other provisions are not material. Materially obstructed shall mean at least one-half of the displayed area is obstructed.

(2) The Cordova Community Council Foundation cannot safely use the Site to install, operate, maintain, repair, or improve the Digital Freeway Sign because of a non- remediable or costly condition, and Cordova Community Council Foundation did not cause the condition.

(3) There is a material diversion of traffic from, or a material reduction or change in the directional flow of traffic on, the portion of Highway 50 adjacent to the Site, and the diversion or disruption continues uninterrupted for at least 30 consecutive days.

(4) The Cordova Community Council Foundation cannot obtain or maintain any governmental permits, licenses or approvals required to install, operate, maintain, repair, or improve the Digital Freeway Signs, including but not limited to the Caltrans Permits and the City Permits.

ITEM 9.4. ATTACHMENT 3
Agreement for Digital Freeway Sign

(5) Use of the Digital Freeway Signs for its intended purpose is prevented or limited by law, or Cordova Community Council Foundation is required by any court or other governmental entity, for reasons other than eminent domain, to remove the Digital Freeway Sign from the Site.

(6) The Digital Freeway Signs areis materially damaged or destroyed and Cordova Community Council Foundation elects not to repair or replace the Digital Display Area. Materially damaged or destroyed shall mean at least one-half of the Digital Display Area is damaged or destroyed such that at least one-half of it is fully inoperable.

(c) City and the Cordova Community Council Foundation’s Additional Termination Rights.

Without prejudice to their other remedies at law or in equity, either party may terminate this Agreement if the other party:

(1) Has an order for relief entered with respect to it, commences a voluntary case, or has an involuntary case filed against it under any applicable bankruptcy, insolvency, or other similar law then in effect, and the order or case is not stayed, withdrawn, or settled within 60 days after it is entered, commenced, or filed (11 U.S.C. § 365(e)(2)(A), as amended, or any successor statute); or

(2) Files for reorganization, becomes insolvent, or has a receiver or other officer with similar powers appointed for its affairs in any court with jurisdiction, whether or not with its consent (unless dismissed, bonded, or discharged within 60 days after appointment).

8. Indemnification.

(a) Definitions. The following definitions apply to this Section 8:

(1) “Person” is to be interpreted broadly. It includes not just third persons but also the Cordova Community Council Foundation and its directors, officers, employees, contractors, and agents; and the City and the City’s elected officials, officers, employees, contractors, and agents.

(2) “Liabilities” means all liabilities, claims, demands, damages, and costs (including reasonable attorneys’ fees and litigation costs through final resolution on appeal) that arise directly or indirectly from The Cordova Community Council Foundation’s possession or use of the Site.

(3) “Occurrence” means: (A) the death of, or injury to, any Person; and (B) damage to, or destruction of, any real property, personal property.

ITEM 9.4. ATTACHMENT 3
Agreement for Digital Freeway Sign

(b) General Indemnity. The Cordova Community Council Foundation shall indemnify, defend (with attorneys reasonably acceptable to the City), protect, and hold the City harmless from and against all Liabilities that arise directly or indirectly from The Cordova Community Council Foundation’s possession or use of the Site. The Cordova Community Council Foundation is obligated under this Section 8(b) even if the City or the City’s elected officials, officers, employees, contractors, or agents reviewed, accepted, or approved the work, materials, or activities from which the Liabilities arise. The Cordova Community Council Foundation is not obligated under this Section 8(b) to the extent the Liabilities are caused by the active negligence or willful misconduct of the City or the City’s elected officials, officers, employees, contractors, or agents. The Cordova Community Council Foundation’s obligation under this Section 8 (b) includes Liabilities arising from any of the following:

(1) Any Occurrence on the Site, caused by The Cordova Community Council Foundation’s acts or omissions.

(2) Any Occurrence that is in any way connected with any of the Cordova Community Council Foundation’s personal property on the Site.

(3) Any Occurrence caused or allegedly caused by (A) any condition of the Site created by The Cordova Community Council Foundation or by any Person on the Site with The Cordova Community Council Foundation’s permission; or (B) some act or omission on the Site by The Cordova Community Council Foundation or by any Person on the Site with Cordova Community Council Foundation’s permission.

(4) Any Occurrence caused by, or related in any way to, work or activities performed on the Site or materials furnished to the Site at the request of the Cordova Community Council Foundation or any Person or entity acting for the Cordova Community Council Foundation or its permission.

(5) Any Occurrence that is caused by, or related in any way to, a verbal or non-verbal display on the Digital Display Area.

(6) The Cordova Community Council Foundation’s failure to perform any provision of this Agreement, to comply with any requirement of law applicable to the Cordova Community Council Foundation, or to fulfill any requirement imposed by any governmental entity (including the City when acting as a government) on Cordova Community Council Foundation’s or use of the Site.

(c) Legal Challenges. Cordova Community Council Foundation shall indemnify, defend with attorneys selected by the City, protect, and hold harmless the City and the City’s elected officials, officers, and employees (“Agents”) in any litigation to attack, set aside, void or annul an approval by the City or its Agents concerning the Digital Freeway Sign (collectively, a “Claim”” including litigation based on the California Environmental Quality

ITEM 9.4. ATTACHMENT 3
Agreement for Digital Freeway Sign

Act) brought to challenge the validity of this Agreement, the validity of the City Permits or the Caltrans Permits, or the validity of the City ordinances that authorize the installation and Operation of the Digital Freeway Sign on the site. The Cordova Community Council Foundation’s obligation to indemnify under this Section 8(c) includes liability for attorneys’ fees awarded to a party who successfully challenges the validity of this Agreement, the City Permits, or the Caltrans Permits, or any authorizing ordinance. If such a Claim is brought, the Party that first receives notice or becomes aware of the Claim shall promptly notify the other Party of such Claim and each Party shall cooperate with the efforts of the other Party to defend such Claim. The City will not voluntarily assist the opposing party in any such Claim unless required by law. Nothing in this paragraph shall obligate the City to defend any Claim and the City shall not be required to pay or perform any settlement arising from any such Claim unless the settlement is approved in writing by the City.

(d) Survival. Cordova Community Council Foundation’s obligations under this Section 8 will survive this Agreement.

9. Miscellaneous.

(a) Assignments and SubAgreements. A party may not assign or otherwise transfer this Agreement or any interest in it, and this Agreement is not assignable by operation of law, without the other Party’s prior written consent, which the other party shall not withhold, delay, or condition unreasonably. This Agreement remains in effect, and an assignment or transfer of this Agreement does not occur, for purposes of this Section 9(a), if The Cordova Community Council Foundation merges with another Rancho Cordova Community Benefit nonprofit entity. An assignment or transfer made contrary to this Section 9(a) is void.

(b) Successors and Assigns. This Agreement binds and inures to the benefit of the successors and permitted assigns of the parties. This Section 9(b) does not constitute the City’s consent to any assignment of this Agreement or any interest in the Agreement.

(c) Notices. Any notice or other communication under this Agreement must be in writing and will be considered properly given and effective only when mailed or delivered in the manner provided by this Section 9(c) to the persons identified below. A mailed notice or other communication will be effective or will be considered to have been given on the third day after it is deposited in the United States Mail (certified mail and return receipt requested), addressed as set forth below, with postage prepaid. A notice or other communication sent in any other manner will be effective or will be considered properly given when actually delivered. A Party may change its address for these purposes by giving written notice of the change to the other Party in the manner provided in this Section 9(c).

ITEM 9.4. ATTACHMENT 3
Agreement for Digital Freeway Sign

If to the City:

City of Rancho Cordova
Planning Department
2729 Prospect Park Drive
Rancho Cordova, California 95670
Attention:

Elizabeth SparkmanDarcy Goulart
, Community Development Director

If to:

The Cordova Community Council
Foundation
The Cordova Community Council
Foundation
2729 Prospect Park Drive, Suite 117
Rancho Cordova, CA 95670
Attention,:

Shelly Blanchard
Executive Director
Shelly Blanchard

With a copy to:

(d) Force Majeure.

(1) “Force Majeure Event” means a cause of delay that is not the fault of the Party who is required to perform under this Agreement and is beyond that Party’s reasonable control, including the elements (such as floods, earthquakes, windstorms, and unusually severe weather), fire, energy shortages or rationing, riots, acts of terrorism, war or war-defense conditions, acts of any public enemy, epidemics, the actions or inactions of any governmental entity or that entity’s agents, litigation, labor shortages (including shortages caused by strikes or walkouts), and materials shortages.

(2) Except as otherwise expressly provided in this Agreement, if the performance of any act required by this Agreement to be performed by either the City or the Cordova Community Council Foundation is prevented or delayed because of a Force Majeure Event, then the time for performance will be extended for a period equivalent to the period of delay, and performance of the act during the period of delay will be excused.

(e) Waiver of Breach. A Party’s failure to insist on strict performance of this Agreement or to exercise any right or remedy upon the other Party’s breach of this Agreement will not constitute a waiver of the performance, right, or remedy. A Party’s waiver of the other Party’s breach of any provision in this Agreement will not constitute a continuing waiver or a waiver of any subsequent breach of the same or any other provision. A waiver is binding only if set forth in writing and signed by the waiving Party.

(f) Relationship of the Parties. This Agreement does not create any relationship or association between the City and the Cordova Community Council Foundation. For example, and without limiting the previous sentence, this Agreement does not create

ITEM 9.4. ATTACHMENT 3
Agreement for Digital Freeway Sign

between the City and Cordova Community Council Foundation the relationship of principal and agent, nor does it create a partnership or joint venture. (g) Attorneys’ Fees. The Party prevailing in any litigation concerning this Agreement, the Site, or any improvements to the Site (including the Digital Freeway Sign) will be entitled to an award by the court of reasonable attorneys’ fees and litigation costs through final resolution on appeal in addition to any other relief that may be granted in the litigation.

If the City is the prevailing party, then this Section 9(g) will apply whether the City is represented in the litigation by the Office of the City Attorney or by outside counsel.

(h) Severability. If a court with jurisdiction holds any nonmaterial provision of this Agreement to be invalid, void, or unenforceable, then the remaining provisions will remain in full force.

(i) Counterparts. The parties may execute this Agreement in counterparts, each of which will be considered an original, but all of which will constitute the same Agreement.

(j) Further Assurances. Each Party shall execute all additional documents or instruments and take all necessary action that either Party reasonably considers necessary to carry out the proper purposes of this Agreement.

(k) Time of Essence. Time is of the essence of this Agreement.

(l) Interpretation. This Agreement is to be interpreted and applied in accordance with California law without regard to conflict-of-laws principles, except that the rule of interpretation in California Civil Code section 1654 will not apply. Schedules 1 and 2 and Exhibits A, B, and C are part of this Agreement.

(m) Integration and Modification. This Agreement sets forth the Parties’ entire understanding regarding the matters addressed. It supersedes all prior or contemporaneous agreements, representations, and negotiations (written, oral, express, or implied) and may be modified only by another written agreement signed by both Parties.

(Signature Page Follows)

ITEM 9.4. ATTACHMENT 3
Agreement for Digital Billboard
City of Rancho Cordova and Cordova Community Council Foundation Agreement for Digital Freeway Sign

City of Rancho Cordova

By: _________________________

Micah Runner
City Manager
Dated: ____________,
Dated_____________, 20254

Approved as to Form
City Attorney

By: ____________________________
Adam U. Lindgren
City Attorney

The Cordova Community Council Foundation

By: ____________________________

Shelly Blanchard

Executive Director
Dated: ____________,
Dated_____________, 20254

ITEM 9.4. ATTACHMENT 3
Agreement for Digital Freeway Sign
City of Rancho Cordova and Cordova Community Council Foundation Agreement for Digital Freeway Sign

Schedule 1
Existing Billboards to be Removed

New Billboard Existing Billboards
Address:
2300 Mineshaft Lane
APN
APN 072-0231-014

The Cordova Community Council Foundation shall
obtain the necessary permits to remove this
Existing Sign before the Commencement Date for
the new Digital Freeway Signs; and will actually
complete removal within 12 months from said
date:

Locations:

2300 Mineshaft Lane (APN 072-0231-014)
Single Sided traditional billboard with
approximately 672 square feet of sign area

ITEM 9.4. ATTACHMENT 3
Agreement for Digital Freeway Sign
City of Rancho Cordova and Cordova Community Council Foundation Agreement for Digital Freeway Sign

Exhibit A

Digital Freeway Sign Operational Requirements

a. Operational Limitations. Digital Freeway Sign shall display static messages only, and shall not have animation, movement, or the appearance or optical illusion of movement in or on any part of the Sign Structure, design, or pictorial segment of the sign.

Each static message shall not include flashing, scintillating lighting or varying light intensity.

b. Minimum display time. Each message on the sign must be displayed for a minimum of eight (8) seconds.

c. Each display must have a light sensing device that will adjust the brightness as ambient light conditions change.

d. The Digital Freeway Sign shall be operated with systems and monitoring in place to either turn the display off or show a “full black” image on the display in the event of a malfunction that affects at least fifty percent of the display area.

e. The Digital Freeway Sign shall not be deemed prohibited under Section

23.743.050 and is not governed by any of the prohibitions set forth in Subsections B, Q, S or U thereof as the operation thereof is specifically authorized by Section 23.743.150 of the Code.

f. Section 23.743.090 of the Code shall not apply to Digital Freeway Sign.

Illumination for the Digital Freeway Sign shall comply with the terms of this Agreement and is otherwise specifically permitted by Section 23.743.150 of the Code.

g. Digital Freeway Sign is not considered to be a pole sign under Section

23.743.120. E of the Code.

h. Digital Freeway Sign shall not be included within any definition of Flashing set forth in the Code.

ITEM 9.4. ATTACHMENT 3
Agreement for Digital Freeway Sign
City of Rancho Cordova and Cordova Community Council Foundation Agreement for Digital Freeway Sign

Exhibit B
Digital Freeway Sign Description

ITEM 9.4. ATTACHMENT 3
Agreement for Digital Freeway Sign
City of Rancho Cordova and Cordova Community Council Foundation Agreement for Digital Freeway Sign

ITEM 9.4. ATTACHMENT 3
Agreement for Digital Freeway Sign
City of Rancho Cordova and Cordova Community Council Foundation Agreement for Digital Freeway Sign

ITEM 9.4. ATTACHMENT 3
Agreement for Digital Freeway Sign
City of Rancho Cordova and Cordova Community Council Foundation Agreement for Digital Freeway Sign

ITEM 9.4. ATTACHMENT 3
Agreement for Digital Freeway Sign
City of Rancho Cordova and Cordova Community Council Foundation Agreement for Digital Freeway Sign

ITEM 9.4. ATTACHMENT 3
Agreement for Digital Freeway Sign
City of Rancho Cordova and Cordova Community Council Foundation Agreement for Digital Freeway Sign

ITEM 9.4. ATTACHMENT 3
Agreement for Digital Freeway Sign
City of Rancho Cordova and Cordova Community Council Foundation Agreement for Digital Freeway Sign

ITEM 9.4. ATTACHMENT 3
Agreement for Digital Freeway Sign
City of Rancho Cordova and Cordova Community Council Foundation

Exhibit C
Amber Alert Guidelines

AMBER alerts are issued by the National Center for Missing and Exploited Children in Washington, DC. For those alerts, the outdoor advertising industry adhere to these guidelines:

Digital Freeway Sign advertising will be completely interrupted upon receipt of an AMBER Alert within the affected geographical boundary.

The appropriate AMBER Alert will run uninterrupted for a minimum of one hour preempting all other advertising.

Thereafter, during the two hours immediately following the aforementioned one-hour display of the AMBER Alert, the same alert will be displayed in rotation along with other paid advertisers unless cancelled earlier. After the initial 3-hour display period, any additional posting of the alert shall be based on the situation and availability. 5562744.1

MEMORANDUM

City Council Staff Report - Page 1 of 2

ITEM 9.5.

DATE: November 17, 2025

TO: Honorable Mayor and Council Members

FROM: Ian Winbrock, Management Analyst II

SUBJECT: A RESOLUTION APPROVING CONTRACT AMENDMENT NO. 165- 2018-3 BETWEEN CITY OF RANCHO CORDOVA AND FOLSOM

LAKE COLLEGE FOR THE RANCHO CORDOVA COLLEGE

PROMISE PROGRAM

RECOMMENDATION

Adopt the Resolution.

RESULT OF RECOMMENDED ACTION

Adoption of the Resolution would authorize the City Manager to execute Contract Amendment No. 165-2018-3 with Folsom Lake College, increasing the total allocation by $95,000 to $546,620. This action continues funding for the Rancho Cordova College Promise Program through June 2026, ensuring uninterrupted tuition and scholarship support for eligible Rancho Cordova students and veterans while maintaining alignment with the city’s Community Enhancement & Investment Fund priorities.

BACKGROUND

The City of Rancho Cordova first entered into an agreement with Folsom Lake College in 2016 to implement the Rancho Cordova College Promise Program, providing scholarships to qualified Rancho Cordova high school graduates to cover enrollment fees and support costs.

The current agreement is from 2019 with Folsom Lake College and in recent years, the Promise Program has demonstrated strong persistence rates and participation among local students, serving approximately 50 to 60 students annually.

Funding for the program has been drawn from the Community Enhancement & Investment Fund (CEIF). The 2019 contract allocated $451,620 for student tuition, textbooks, and related educational expenses. Amendments extended the program through the 2025–26 academic year, with adjustments to reflect evolving needs such as technology access, mentorship incentives, and expanded eligibility for veterans.

On November 3, 2025, the City Council reviewed staff’s recommendation regarding the Promise Program’s remaining balance and future funding needs as part of the CEIF update and discussion. Following that direction, staff prepared Contract Amendment No. 165-2018-3 to the 2019 agreement, increasing the total allocation by $95,000 from $451,620 to $546,620 to continue student tuition and support through June 2026. This amendment reflects Council’s

City Council Staff Report - Page 2 of 2

action to sustain the city’s investment in higher education access for Rancho Cordova residents while aligning with the city’s broader CEIF goals of education, workforce readiness, and community opportunity.

Staff plans to return to Council in winter 2026 with additional information about the Rancho Cordova Promise Program, including future program options and potential funding commitments for Council discussion.

FISCAL IMPACT AND FUNDING SOURCE

The Rancho Cordova College Promise Program is funded through the City’s Community Enhancement & Investment Fund (CEIF), specifically from Measure H grant allocations supporting youth and education initiatives. Contract Amendment No. 165-2018-3 increases the total contract amount by $95,000, from $451,620 to $546,620, to fund program costs through June 2026. Sufficient funds are available in the FY 2025–26 CEIF budget, and no General Fund impact is anticipated.

ATTACHMENT(S)

1. Resolution

2. Contract Amendment No. 165-2018-3

ITEM 9.5. ATTACHMENT 1 Resolution No. XX-2025 Page 1 of 2

CITY OF RANCHO CORDOVA

RESOLUTION NO. XX-2025

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

OF CALIFORNIA, AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACT AMENDMENT NO. 165-2018-3 WITH FOLSOM LAKE COLLEGE FOR THE RANCHO CORDOVA COLLEGE PROMISE PROGRAM IN AN AMOUNT NOT TO EXCEED $546,620

WHEREAS, the City of Rancho Cordova and Folsom Lake College entered into an agreement dated February 1, 2019, for the Rancho Cordova College Promise Program to provide scholarships for eligible Rancho Cordova high school graduates and veterans; and

WHEREAS, the City Council reviewed the status of the Promise Program on November 3, 2025, and directed staff to prepare an amendment to extend funding through June 30, 2026; and

WHEREAS, Contract Amendment No. 165-2018-3 increases the total contract amount by $95,000, from $451,620 to $546,620, funded through the Community Enhancement & Investment Fund (Measure H); and

WHEREAS, the program supports youth and education initiatives by helping Rancho Cordova students and veterans access and complete college programs at Folsom Lake College; and

WHEREAS, the services exceed the City Manager’s contract authority and require City Council approval; and

WHEREAS, sufficient funding is available within the FY 2025-26 Community Enhancement & Investment Fund budget with no impact to 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 Amendment No. 165-2018-3 with Folsom Lake College in an amount not to exceed $496,782, in a form approved by the City Attorney.

PASSED AND ADOPTED by the City Council of the City of Rancho Cordova on the 17th day of November 2025 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Siri Pulipati, Mayor

ITEM 9.5. ATTACHMENT 1 Resolution No. XX-2025 Page 2 of 2 ATTEST:

Stacy Leitner, CMC
City Clerk

ITEM 9.5. ATTACHMENT 2
CONTRACT NO.: 165-2018-3

Amendment No 3 to Funding Agreement Between September 16, 2025 the City of Rancho Cordova and Folsom Lake College Page 1 of 2 AMENDMENT NO. 3 TO

AGREEMENT BETWEEN CITY OF RANCHO CORDOVA

AND FOLSOM LAKE COLLEGE FOR USE OF CITY FUNDS

This Amendment is made by and between the City of Rancho Cordova, a California municipal corporation (“City”), and Los Rios Community College District, by and through its college, Folsom Lake College (“Provider”) as of July 1, 2025.

Whereas, City has allocated City funds to Provider for the purpose of continuing the Promise Program, a scholarship program to pay the fees for qualified Rancho Cordova residents who graduate from high school during the 2018/19, 2019/20, 2020/21, 2021/22, 2022/23, 2023/24, 2024/25 and 2025/26 academic years, and attend any one of the three Folsom Lake College campuses during the academic year immediately following high school graduation.

Additionally, the Promise Program is also available to Rancho Cordova veterans. These services will benefit the City of Rancho Cordova and its residents by encouraging Rancho Cordova residents graduating from high school and Rancho Cordova veterans to pursue a college education and to provide educational opportunities for Rancho Cordova students/veterans who may not otherwise be able to afford to continue their education; and

Whereas, City and Provider entered into an agreement for use of City funds dated February 1, 2019, pursuant to which Provider will provide the services described above; and

Whereas, City and Provider acknowledge the earlier, and separate 2017 Agreement funding is still available to be expended by Provider through the contract term date referenced in this Amendment to Agreement.

Whereas, per Council direction approving the recommendation to amend existing grant funding between the City and Provider from the November 3rd City Council meeting, City and Provider now desire to amend the agreement (165-2018) for use of City funds to increase the total available annual allocation by an additional ninety-five thousand Dollars ($95,000), from Four Hundred and Fifty-One Thousand Six Hundred and Twenty Dollars ($451,620) to Five Hundred and Forty-Six Thousand Six Hundred and Twenty Dollars ($546,620), pursuant to Resolution #XXX-2025 dated November 17, 2025.

City and Provider agree as follows:

The Agreement Between City of Rancho Cordova and Folsom Lake College for Use of City Funds, dated February 1, 2019, (the “Agreement”) is hereby amended as follows:

1. Exhibit A of the Agreement is amended in its entirety to read as set forth on the Exhibit A attached hereto.

2. Exhibit B of the Agreement is amended in its entirety to read as set forth on the Exhibit B attached hereto.

ITEM 9.5. ATTACHMENT 2
CONTRACT NO.: 165-2018-3

Amendment No 3 to Funding Agreement Between September 16, 2025 the City of Rancho Cordova and Folsom Lake College Page 2 of 2

3. Exhibit C of the Agreement is amended in its entirety to read as set forth on the Exhibit C attached hereto.

4. All other terms and conditions of the Agreement remain in full force and effect.

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

CITY: PROVIDER:
______________________ ________________________
Micah Runner Art Pimentel
City Manager President

Date: ___________ Date: _____________

Attest:

_____________________
Stacy Leitner, CMC
City Clerk

Date: ____________

Approved as to Form:

______________________
Adam U. Lindgren, City Attorney

ITEM 9.5. ATTACHMENT 2
CONTRACT NO.: 165-2018-3

Exhibit A to Amendment No. 3 to Funding Agreement Between September 16, 2025 the City of Rancho Cordova and Folsom Lake College Page 1 of 10

EXHIBIT A

SCOPE OF SERVICES

Provider: Folsom Lake College
Address: 10 College Parkway
Folsom, CA 95630

Telephone: 916-608-6572
Email: [email protected]
Contact Person/Title: Dr. Art Pimentel/President

Funding Allocation: $546,620

Term: February 1, 2019 – June 30, 2026

1. Services to be Provided: Provider shall continue a scholarship program, formally referred to as the Folsom Lake College/Rancho Cordova Promise Program and referenced throughout this Agreement as simply the Promise Program, which was established pursuant to separate funding agreements entered into between the City and Provider dated September 1, 2016, and October 1, 2017. Pursuant to this Agreement, the Promise Program will pay the fees for Rancho Cordova residents who graduate from high school during the 2018/19, 2019/20, 2020/21, 2021/22, 2022/23, 2023/24, 2024/25, and 2025/26 academic years, and who attend any one of the three Folsom Lake College campuses taking 6-18 units during the fall semester immediately following high school graduation. Additionally, the Promise Program is available to Rancho Cordova veterans beginning with the Fall 2020 semester, and who attend any one of the three Folsom Lake College campuses. Veterans are eligible as both full-time and continuing part-time students.

Promise Program students who will be taking units at one of the three Folsom Lake College campuses and need to take additional courses at one of the other Los Rios Community College campuses may have their units paid for under the Promise Program (a maximum of 18 units per semester across all campuses). Each student may also receive a scholarship during the next following spring semester if the student passes at least half of their fall semester class load and maintains their Rancho Cordova residency. The program may provide for students who receive state or federal financial aid for the payment of their enrollment fees to be eligible to receive scholarship money that they could otherwise have received toward the payment of other expenses, such as Student Representation Fee, Universal Transit Pass Fee, Health Services Fee, textbooks and other required supplemental materials, course related school supplies, semester parking permit, and gift cards. A full listing of eligible expenses can be found under the “Use of Funds” section within Exhibit A. It is noted that in the Fall of 2022 the model shifted to allow a flat payout of $883 per semester in grant funds rather than a list of eligible student expenses. For purposes of this contract this would refer to Academic Year 2022/2023 or Year 4 in this document.

ITEM 9.5. ATTACHMENT 2
CONTRACT NO.: 165-2018-3

Exhibit A to Amendment No. 3 to Funding Agreement Between September 16, 2025 the City of Rancho Cordova and Folsom Lake College Page 2 of 10

2. Units of Service to be Provided: N/A
It is acknowledged by the City and Provider that enrollment and tuition fees listed below in the Use of Funds section of Exhibit A were the rates as of the Spring 2019 semester and are subject to change. If new fee rates and tuition rates are adopted by the Los Rios Community College District during the term of this agreement, the new fee rates and tuition rates will be accepted under this Agreement. Fees will be validated by the City using the Los Rios Community College District’s website.

No amendment to the Agreement is needed if the price per unit changes or if the Student Representation Fee, Health Services Fee, Universal Transit Pass Fee, or semester parking permit cost changes or student payment structure changes. It is acknowledged that funding was not spent uniformly across all years resulting in the amendment to this agreement to ensure students are able to continue accessing these funds.

Year 1 – Promise recipients attending Folsom Lake College during the 2019/20 academic year.

$8,000 Temporary Classified Employee supporting the Promise Program recipients $142,540 Enrollment Fees, Student Representation Fee, Health Services Fee, Universal Transit Pass Fee, Folsom Lake College Store credit for textbooks, textbook rentals and required supplemental materials for enrolled classes, as well as course related supplies. Additionally, semester parking permit, gift cards, and limited technology purchases such as hotspots and Chromebooks are allowed expenses. $150,540 Total Year 1

Use of Funds: For each Promise Recipient during year 1:

• First Priority – Payment of Enrollment Fees for Promise Program recipients not eligible for Financial Aid Fee Waiver, maximum of $46/unit x 18 units ($828.00); Student Representation Fee of $1; Health Services Fee of $20; and Universal Transit Pass Fee, $2.25/unit x 15 units (max amount of $33.75). • Second Priority – Folsom Lake College Store credit for textbooks, textbook rentals and required supplemental materials for enrolled classes. Additionally, students who need course related supplies such as backpacks, pens, paper, notebooks, etc. may receive a maximum of $50 per semester for this purpose. • Third Priority – Semester parking permit of $40 (automobile) or $25 (motorcycle); Gas card of $25 per month (not to exceed $100 per semester). • Fourth Priority – If funding pursuant to this Agreement is still available after fulfilling the first three priority areas listed above, remaining available funding may be applied to allow for successful continuing students to utilize Promise Program funding for their second year of education at one of the three Folsom Lake College campuses. Recipients receiving second year scholarships must be current residents of Rancho Cordova at the time of the

ITEM 9.5. ATTACHMENT 2
CONTRACT NO.: 165-2018-3

Exhibit A to Amendment No. 3 to Funding Agreement Between September 16, 2025 the City of Rancho Cordova and Folsom Lake College Page 3 of 10 second-year enrollment to be eligible for this additional benefit. Additionally, due to the COVID-19 pandemic, technology purchases such as hotspots and Chromebooks for use by Promise Program recipients are eligible expenses.

Year 2 – Promise recipients attending Folsom Lake College during the 2020/21 academic year.

$8,000 Temporary Classified Employee supporting the Promise Program recipients $142,540 Enrollment Fees, Student Representation Fee, Health Services Fee, Universal Transit Pass Fee, Folsom Lake College Store credit for textbooks, textbook rentals and required supplemental materials for enrolled classes, as well as course related supplies. Additionally, semester parking permit, gift cards, Promise mentor part-time costs, incentives, and Promise to Career scholarships are allowed expenses.
$150,540 Total Year 2
Use of Funds: For each Promise Recipient during year 2:

• First Priority – Payment of Enrollment Fees for Promise Program recipients not eligible for Financial Aid Fee Waiver, maximum of $46/unit x 18 units ($828.00); Student Representation Fee of $1; Health Services Fee of $20; and Universal Transit Pass Fee, $2.25/unit x 15 units (max amount of $33.75). • Second Priority
▪ A. Folsom Lake College Store credit for textbooks, textbook rentals and required supplemental materials for enrolled classes. Additionally, students who need course related supplies such as backpacks, pens, paper, notebooks, etc. may receive a maximum of $50 per semester for this purpose.
▪ B. Up to 10 students each semester may serve as Promise mentors and be compensated at a rate of $13/hour for up to 12/hours per week. ▪ Incentives may be earned by Promise Program recipients and will be paid as follows:
• $100 gift card/semester for those Promise Program recipients who attend all required case management meetings
• $200 gift card/semester for those Promise Program recipients who complete 15 units by the end of the first semester
• $200 gift card/semester for those Promise Program recipients who complete 30 units by the end of the first academic year • $200 gift card for those Promise Program recipients who complete college level Math
• $200 gift card for those Promise Program recipients who complete college level English
• $200 gift card for those Promise Program recipients who compete 9-units within the student’s program of study within the first academic year

ITEM 9.5. ATTACHMENT 2
CONTRACT NO.: 165-2018-3

Exhibit A to Amendment No. 3 to Funding Agreement Between September 16, 2025 the City of Rancho Cordova and Folsom Lake College Page 4 of 10 • $500 stipend or gift card/semester for those Promise Program recipients who make or maintain honor roll status
• $500 stipend or gift card for those Promise Program recipients who transfer to and enroll at UC Davis or CSU Sacramento.

The stipend is available for up to two years through the term expiration date of this Agreement.
• Third Priority – Semester parking permit of $40 (automobile) or $25 (motorcycle)
• Fourth Priority
▪ A. If funding pursuant to this Agreement is still available after fulfilling the first three priority areas listed above, remaining available funding may be applied to allow for successful continuing students to utilize Promise Program funding for their second year of education at one of the three Folsom Lake College campuses.

Recipients receiving second year scholarships must be current residents of Rancho Cordova at the time of the second-year enrollment to be eligible for this additional benefit.
▪ Promise Program students participating in the Promise to Career Program may receive a $500 scholarship or gift card to support extra supplies specific to the Career Education training. This is payable upon their successful completion of the Promise to Career Program. • Fifth Priority (may be used at any time and outside of the priority order) ▪ A. Some Promise Program students face various challenges ranging from food insecurity to homelessness. These stressors have grown in the greater Sacramento region due to the COVID-19 pandemic.

Students may participate in the Folsom Lake College sponsored Falcon Cares Program, and, if needed, receive funding pursuant to this Agreement to cover emergency hotel costs up to $1,000 per student/semester.
▪ B. $100 gift card/semester for Promise Program recipients to purchase food, supplies, gas or other basic needs to meet the everchanging needs of students during the COVID-19 pandemic.

Year 3 – Promise recipients attending Folsom Lake College during the 2021/22 academic year.

$8,000 Temporary Classified Employee supporting the Promise Program recipients $132,540 Enrollment Fees, Student Representation Fee, Health Services Fee, Universal Transit Pass Fee, Folsom Lake College Store credit for textbooks, textbook rentals and required supplemental materials for enrolled classes, as well as course related supplies. Additionally, semester parking permit, gift cards, Promise mentor part-time costs, incentives, and Promise to Career scholarships are allowed expenses.
$10,000 Northern California College Promise Coalition Membership Fees $150,540 Total Year 3

ITEM 9.5. ATTACHMENT 2
CONTRACT NO.: 165-2018-3

Exhibit A to Amendment No. 3 to Funding Agreement Between September 16, 2025 the City of Rancho Cordova and Folsom Lake College Page 5 of 10

Use of Funds: For each Promise Recipient during year 3:

• First Priority – Payment of Enrollment Fees for Promise Program recipients not eligible for Financial Aid Fee Waiver, maximum of $46/unit x 18 units ($828.00); Student Representation Fee of $1; Health Services Fee of $20; and Universal Transit Pass Fee, $2.25/unit x 15 units (max amount of $33.75). • Second Priority
▪ A. Folsom Lake College Store credit for textbooks, textbook rentals and required supplemental materials for enrolled classes. Additionally, students who need course related supplies such as backpacks, pens, paper, notebooks, etc. may receive a maximum of $50 per semester for this purpose.
▪ B. Up to 10 students each semester may serve as Promise mentors and be compensated at a rate of $13/hour for up to 12/hours per week. ▪ Incentives may be earned by Promise Program recipients and will be paid as follows:
• $100 gift card/semester for those Promise Program recipients who attend all required case management meetings
• $200 gift card/semester for those Promise Program recipients who complete 15 units by the end of the first semester
• $200 gift card/semester for those Promise Program recipients who complete 30 units by the end of the first academic year • $200 gift card for those Promise Program recipients who complete college level Math
• $200 gift card for those Promise Program recipients who complete college level English
• $200 gift card for those Promise Program recipients who compete 9-units within the student’s program of study within the first academic year
• $500 stipend or gift card/semester for those Promise Program recipients who make or maintain honor roll status
• $500 stipend or gift card for those Promise Program recipients who transfer to and enroll at UC Davis or CSU Sacramento.

The stipend is available for up to two years through the term expiration date of this Agreement.
• Third Priority – Semester parking permit of $40 (automobile) or $25 (motorcycle)
• Fourth Priority
▪ A. If funding pursuant to this Agreement is still available after fulfilling the first three priority areas listed above, remaining available funding may be applied to allow for successful continuing students to utilize Promise Program funding for their second year of education at

ITEM 9.5. ATTACHMENT 2
CONTRACT NO.: 165-2018-3

Exhibit A to Amendment No. 3 to Funding Agreement Between September 16, 2025 the City of Rancho Cordova and Folsom Lake College Page 6 of 10 one of the three Folsom Lake College campuses. Recipients receiving second year scholarships must be current residents of Rancho Cordova at the time of the second-year enrollment to be eligible for this additional benefit.
▪ Promise Program students participating in the Promise to Career Program may receive a $500 scholarship or gift card to support extra supplies specific to the Career Education training. This is payable upon their successful completion of the Promise to Career Program. • Fifth Priority (may be used at any time and outside of the priority order) ▪ A. Some Promise Program students face various challenges ranging from food insecurity to homelessness. These stressors have grown in the greater Sacramento region due to the COVID-19 pandemic.

Students may participate in the Folsom Lake College sponsored Falcon Cares Program, and, if needed, receive funding pursuant to this Agreement to cover emergency hotel costs up to $1,000 per student/semester.
▪ B. $100 gift card/semester for Promise Program recipients to purchase food, supplies, gas or other basic needs to meet the everchanging needs of students during the COVID-19 pandemic. • Membership in the Northern California College Promise Coalition for the City of Rancho Cordova in the amount of $10,000.

Year 4 – Promise recipients attending Folsom Lake College during the 2022/23 academic year. $8,000 Temporary Classified Employee supporting the Promise Program recipients $27,162 Tuition, Fees, Supplies, and Incentives: $46/unit x 12 units x 100 students x 2 semesters. It is acknowledged that students may take as few as 6 units or as many as 18 units per semester.
$10,000 Northern California College Promise Coalition Membership Fees $45,162 Total Year 4

Use of Funds: As of Year 4 of the agreement, the model was updated to provide more flexibility to the needs of students. Promise Program Scholarship recipients are to receive up to $883 per semester paid directly by Folsom Lake College. As of 2021 / 22 academic year and stopping in 2024 / 25 academic year, Folsom Lake College agrees to pay for City of Rancho Cordova’s membership in the Northern California College Promise Coalition in the amount of $10,000.

Year 5 – Promise recipients attending Folsom Lake College during the 2023/24 academic year

As acknowledged earlier in Exhibit A, Section 2, funding was not spent uniformly across all years resulting in Provider expending funds advanced to them in subsequent years. Therefore, starting in Year 5 no additional dollars are shown.

Use of Funds: During Year 5 of the agreement, the funding model that started in year four was continued. Promise Program Scholarship recipients are to receive up to $883 per semester paid

ITEM 9.5. ATTACHMENT 2
CONTRACT NO.: 165-2018-3

Exhibit A to Amendment No. 3 to Funding Agreement Between September 16, 2025 the City of Rancho Cordova and Folsom Lake College Page 7 of 10 directly by Folsom Lake College. Folsom Lake College also agrees to pay for City of Rancho Cordova’s membership in the Northern California College Promise Coalition in the amount of $10,000. This practice ended June of 2025.

ITEM 9.5. ATTACHMENT 2
CONTRACT NO.: 165-2018-3

Exhibit A to Amendment No. 3 to Funding Agreement Between September 16, 2025 the City of Rancho Cordova and Folsom Lake College Page 8 of 10 Year 6 – Promise recipients attending Folsom Lake College during the 2024/25 academic year.

As acknowledged earlier in Exhibit A, Section 2, funding was not spent uniformly across all years resulting in Provider expending funds advanced to them in subsequent years. Therefore, in Year 6 no additional dollars are shown.

Use of Funds: During Year 6 of the agreement, the funding model from year 4 and 5 were continued. Promise Program Scholarship recipients are to receive up to $883 per semester paid directly by Folsom Lake College (Folsom Lake College also agrees to pay for City of Rancho Cordova’s membership in the Northern California College Promise Coalition in the amount of $10,000. This practice ended June of 2025).

Year 7 – Promise recipients attending Folsom Lake College during the 2025/26 academic year.

As acknowledged earlier in Exhibit A, Section 2, funding was not spent uniformly across all years resulting in Provider expending funds advanced to them in subsequent years. Therefore, in Year 7 no additional dollars are shown.

Use of Funds: During Year 7 of the agreement, the funding model from year 4 to 6 were continued. Promise Program Scholarship recipients are to receive up to $883 per semester paid directly by Folsom Lake College.

a. Unexpended Funds. If any funds advanced to Provider remain unexpended upon the expiration of the term of this Agreement, Provider shall continue to use these funds until the grant monies have been expended until June 30, 2025. These grant funds shall be used prior to a new agreement being executed. City will continue to collaborate with the Provider on the Use of Funds and meet regularly to discuss the impacts, outcomes, and design of the grant to maximize the Use of Funds wholly.

b. The Parties acknowledge the enactment of AB 19, establishing the California College Promise program. In the event that the State allocates funding for that program which would be available to provide substantially the same benefits as those set forth above to students eligible for funding under the terms of this Agreement, the Parties agree to meet in order to evaluate whether the City funds allocated herein should be reallocated for other purposes or costs.

Eligibility Criteria for Qualification of Recipients for Services: Each scholarship recipient must:
• Have been a resident of Rancho Cordova at the time he or she graduated from high school or be a veteran resident of Rancho Cordova.
• Attend Folsom Lake College the fall semester immediately following graduation from high school as a student or at any time as a military veteran (at least 6 units). It is acknowledged that during the COVID-19 pandemic, Folsom Lake College administrators allowed high school graduates to start college at a later time as a Promise Program recipient due to pandemic related challenges.

ITEM 9.5. ATTACHMENT 2
CONTRACT NO.: 165-2018-3

Exhibit A to Amendment No. 3 to Funding Agreement Between September 16, 2025 the City of Rancho Cordova and Folsom Lake College Page 9 of 10 • Continue to be a resident of Rancho Cordova to be a second-year recipient of the Rancho Cordova Promise Program. Residency will be reviewed at time of second year enrollment to determine eligibility for this additional benefit.

It is further acknowledged that participating veterans may be full-time as well as continuing part-time students. Provider shall keep documentation confirming eligibility requirements were met.

3. Allocation and Payment of Funds: City shall pay the funds to the Folsom Lake College Foundation as follows:
• City shall advance $150,540 to the Folsom Lake College Foundation on or before June 1, 2019 to cover student scholarship awards for the 2019/20 academic year. • City shall advance $150,540 to the Folsom Lake College Foundation on or before June 1, 2020 to cover student scholarship awards for the 2020/21 academic year. • City shall advance $150,540 to the Folsom Lake College Foundation on or before June 1, 2021 to cover student scholarship awards for the 2021/22 academic year. • City shall advance $95,000 to the Folsom Lake College Foundation on or before June 1, 2026 to cover anticipated costs through June 30, 2025. • In item 2.a above for Unexpended Funds, Provider and City agree to allow Provider to continue using funds until all grant monies are expended.

In the event that any Report for Use of City Funds and/or Outcomes Report which is due to be filed prior to the date upon which a payment is otherwise due, has not been timely filed, City shall not be obligated to make any additional payments based on the submission of invoices until two weeks after the date on which the delinquent reports are received by City and have been reviewed and been determined to comply with the requirements herein.

All requests for the payment of funds shall be due to City by the termination date of this Agreement. The City acknowledges, however, that there may be circumstances when Provider 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 Provider may submit a final request for payment within 60 days after the termination date of the Agreement. City shall not be required to make any payments based on requests submitted more than 60 days after the termination date.

4. Separate Agreement. It is hereby acknowledged that the Parties have previously entered into an agreement for City Funds dated October 1, 2017 (the 2017 Agreement). The 2017 Agreement term ended on June 30, 2019, however the Parties mutually agreed to allow the Provider the ability to expend the remaining funding advanced to Provider by City beyond the original term end date of June 30, 2019. The Provider was granted the ability to spend the funding advanced to them under the 2017 Agreement up until June 30, 2022 and this is further

ITEM 9.5. ATTACHMENT 2
CONTRACT NO.: 165-2018-3

Exhibit A to Amendment No. 3 to Funding Agreement Between September 16, 2025 the City of Rancho Cordova and Folsom Lake College Page 10 of 10 extended to June 30, 2025. The Parties further acknowledge and agree that this Agreement does not supersede the 2017 Agreement, and this Agreement is a wholly separate agreement, to be administered and implemented separately and independently.

5. Reports: Provider shall file the following reports with City on the dates set forth below:

5.1 Report for Use of City Funds:

Year 1: April 30, 2020, for fall 2019 semester and November 30, 2020, for spring 2020 semester Year 2: April 30, 2021, for fall 2020 semester and November 30, 2021, for spring 2021 semester Year 3: April 30, 2022, for fall 2021 semester and November 30, 2022, for spring 2022 semester Year 4: April 30, 2023, for fall 2022 semester and November 30, 2023, for spring 2023 semester Year 5: April 30, 2024, for fall 2023 semester and November 30, 2024, for spring 2024 semester Year 6: April 30, 2025, for fall 2024 semester and November 30, 2025, for spring 2025 semester Year 7: April 30, 2026, for fall 2025 semester and November 30, 2026, for spring 2026 semester

The Report for Use of City Funds shall include the information set forth in Exhibit B

5.2 Outcomes Report:

Year 1: April 30, 2020, for fall 2019 semester and November 30, 2020, for spring 2020 semester Year 2: April 30, 2021, for fall 2020 semester and November 30, 2021, for spring 2021 semester Year 3: April 30, 2022, for fall 2021 semester and November 30, 2022, for spring 2022 semester Year 4: April 30, 2023, for fall 2022 semester and November 30, 2023, for spring 2023 semester Year 5: April 30, 2024, for fall 2023 semester and November 30, 2024, for spring 2024 semester Year 6: April 30, 2025, for fall 2024 semester and November 30, 2025, for spring 2025 semester Year 7: April 30, 2026, for fall 2025 semester and November 30, 2026, for spring 2026 semester

The Outcomes Report shall include the information set forth in Exhibit C.

ITEM 9.5. ATTACHMENT 2
CONTRACT NO.: 165-2018-3

Exhibit B to Amendment No. 3 to Funding Agreement Between September 16, 2025 the City of Rancho Cordova and Folsom Lake College Page 1 of 2

EXHIBIT B

REPORT FOR USE OF CITY FUNDS
Address: 10 College Parkway Folsom, CA 95630

Telephone: 916-608-6572
Email: [email protected]
Contact Person/Title: Dr. Art Pimentel/President

Report Due Dates:

1. Year 1: April 30, 2020, for fall 2019 semester

2. Year 1: November 30, 2020, for spring 2020 semester

3. Year 2: April 30, 2021, for fall 2020 semester

4. Year 2: November 30, 2021, for spring 2021 semester

5. Year 3: April 30, 2022, for fall 2021 semester

6. Year 3: November 30, 2022, for spring 2022 semester

7. Year 4: April 30, 2023, for fall 2022 semester

8. Year 4: November 30, 2023, for spring 2023 semester

9. Year 5: April 30, 2024, for fall 2023 semester

10. Year 5: November 30, 2024, for spring 2024 semester

11. Year 6: April 30, 2025, for fall 2024 semester

12. Year 6: November 30, 2025, for spring 2025 semester

13. Year 7: April 30, 2026, for fall 2025 semester

14. Year 7: November 30, 2026, for spring 2026 semester

Report Accounting Periods:

1. Year 1: July 1, 2019 – December 31, 2019

2. Year 1: January 1, 2020 – June 30, 2020

3. Year 2: July 1, 2020 – December 31, 2020

4. Year 2: January 1, 2021 – June 30, 2021

5. Year 3: July 1, 2021 – December 31, 2021

6. Year 3: January 1, 2022 – June 30, 2022

7. Year 4: July 1, 2022 – December 31, 2022

8. Year 4: January 1, 2023 – June 30, 2023

9. Year 5: July 1, 2023 – December 31, 2023

10. Year 5: January 1, 2024 – June 30, 2024

11. Year 6: July 1, 2024 – December 31, 2024

12. Year 6: January 1, 2025 – June 30, 2025

13. Year 7: April 30, 2026, for fall 2025 semester

14. Year 7: November 30, 2026, for spring 2026 semester

City funds received during reporting period:

ITEM 9.5. ATTACHMENT 2
CONTRACT NO.: 165-2018-3

Exhibit B to Amendment No. 3 to Funding Agreement Between September 16, 2025 the City of Rancho Cordova and Folsom Lake College Page 2 of 2

Report shall list the number of grant recipients (both high school student and Veteran), amount awarded to each recipient to include Enrollment Fees, Student Representation Fee, Health Services Fee, Universal Transit Pass Fee, semester parking permit, gift cards, textbooks, and course related school supplies. Additionally, the report shall include the amount awarded to Promise mentors, as incentives, and as Promise to Career scholarships. Additionally, any funds spent on activities to attract or retain Promise Program students or on membership in the Northern California College Promise Coalition shall be documented in the Report.

City funds expended during reporting period (please attach all receipts and proof of payments made using City 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 Residents during this period (if applicable):

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 City, 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 9.5. ATTACHMENT 2
CONTRACT NO.: 165-2018-3

Exhibit C to Amendment No. 3 to Funding Agreement Between September 16, 2025 the City of Rancho Cordova and Folsom Lake College Page 1 of 3

EXHIBIT C

OUTCOMES REPORT
Address: 10 College Parkway Folsom, CA 95630

Telephone: 916-608-6572
Email: [email protected]
Contact Person/Title: Dr. Art Pimentel/President

1. Year 1: April 30, 2020, for fall 2019 semester

2. Year 1: November 30, 2020, for spring 2020 semester

3. Year 2: April 30, 2021, for fall 2020 semester

4. Year 2: November 30, 2021, for spring 2021 semester

5. Year 3: April 30, 2022, for fall 2021 semester

6. Year 3: November 30, 2022, for spring 2022 semester

7. Year 4: April 30, 2023, for fall 2022 semester

8. Year 4: November 30, 2023, for spring 2023 semester

9. Year 5: April 30, 2024, for fall 2023 semester

10. Year 5: November 30, 2024, for spring 2024 semester

11. Year 6: April 30, 2025, for fall 2024 semester

12. Year 6: November 30, 2025, for spring 2025 semester

13. Year 7: April 30, 2026, for fall 2025 semester

14. Year 7: November 30, 2026, for spring 2026 semester

Report Accounting Periods:

1. Year 1: July 1, 2019 – December 31, 2019

2. Year 1: January 1, 2020 – June 30, 2020

3. Year 2: July 1, 2020 – December 31, 2020

4. Year 2: January 1, 2021 – June 30, 2021

5. Year 3: July 1, 2021 – December 31, 2021

6. Year 3: January 1, 2022 – June 30, 2022

7. Year 4: July 1, 2022 – December 31, 2022

8. Year 4: January 1, 2023 – June 30, 2023

9. Year 5: July 1, 2023 – December 31, 2023

10. Year 5: January 1, 2024 – June 30, 2024

11. Year 6: July 1, 2024 – December 31, 2024

12. Year 6: January 1, 2025 – June 30, 2025

13. Year 7: April 30, 2026, for fall 2025 semester

14. Year 7: November 30, 2026, for spring 2026 semester

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

ITEM 9.5. ATTACHMENT 2
CONTRACT NO.: 165-2018-3

Exhibit C to Amendment No. 3 to Funding Agreement Between September 16, 2025 the City of Rancho Cordova and Folsom Lake College Page 2 of 3

ITEM 9.5. ATTACHMENT 2
CONTRACT NO.: 165-2018-3

Exhibit C to Amendment No. 3 to Funding Agreement Between September 16, 2025 the City of Rancho Cordova and Folsom Lake College Page 3 of 3 For all Fall Semester Outcomes Reports, the following information should also be included:
• # of Applicants
• # of Accepted students
• # of Enrolled students
• Feeder high school enrollment trends
• Basic demographics
• Stats related to incentives awarded, Promise mentors employed, Promise to Career scholarships awarded, and any basic needs gift cards and/or emergency hotel program stays
• Number of participants and schools for participation in events to attract or retain Promise Program students.

For all Spring Semester Outcomes Reports, the following information should also be included in addition to the requirements of the Fall Semester Outcomes Reports:

• Previous fall semester retention and success rate
• Previous fall to spring semester persistence rate

In addition to traditional Outcomes Reports, the City of Rancho Cordova may request data or reports related to the following items as part of its “Support for Center Clerk” and membership in the Northern California College Promise Coalition:
• Student mentoring program focused on student outcomes; • Outreach to high school students including a letter to all seniors graduating from high school in Rancho Cordova;
• Career path programs for non-traditional students (returning students, older students, enrolled in 6+units) to support students gaining employment in moderate/higher wage jobs that are generally 3 semesters or less;
• Number of Veterans served per semester;
• General enrollment trends;
• Communication about in-person and online class trends (% of each offered per semester);
• Communication about Phase II Groundbreaking at the Rancho Cordova Center, and impact to classes and programs and/or student enrollment; and • Details about the staffing support services provided under this grant.

During the term of this Agreement, additional reports and data may be requested as part of the City of Rancho Cordova’s membership in the Northern California College Promise Coalition.

This may include annual, quarterly, or monthly requests for student demographic data, information about partnerships to support student success, and other initiatives.

MEMORANDUM

City Council Staff Report - Page 1 of 2

ITEM 9.6.

DATE: November 17, 2025

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. 2025-163 WITH DKS & ASSOCIATES, INC. IN AN AMOUNT NOT TO EXCEED $1,000,000 FOR PROFESSIONAL

ENGINEERING PLANNING AND ENGINEERING SERVICES FOR THE

TRANSPORTATION PLANNING AND ENGINEERING DIVISION

RECOMMENDATION

Adopt the Resolution.

RESULT OF RECOMMENDED ACTION

Adoption of the Resolution would authorize the City Manager to execute Contract No. 2025-163 with DKS & Associates, Inc. in an amount not to exceed $1,000,000 for on-call professional transportation planning and engineering services.

BACKGROUND

The Public Works Department utilizes qualified consulting firms to support transportation planning and engineering services that require specialized expertise, supplement staff capacity, and provide continuity on complex or time-sensitive projects. On-call agreements enable the city to access these resources efficiently and cost-effectively as project needs arise.

DKS & Associates is being recommended for direct selection based on their extensive history of service to the City of Rancho Cordova and their deep familiarity with the city’s transportation network, policies, and procedures. Their institutional knowledge allows for a high level of efficiency and consistency in project delivery, reducing the need for additional orientation or duplication of prior work. This partnership approach ensures that the city can continue advancing its transportation priorities with minimal disruption and strong technical continuity.

The proposed on-call contract is for a three-year term, with the city’s option to extend the agreement for up to two additional one-year periods. The total not-to-exceed contract amount is $1,000,000 over the full potential term.

City Council Staff Report - Page 2 of 2

FISCAL IMPACT AND FUNDING SOURCE

Transportation planning and engineering efforts are paid through various funding sources earmarked for the projects. The total contract value is $1,000,000 per contract over the full term of the contract with specific tasks drawing down against the full contract amount.

These services do not impact the city's general fund.

ATTACHMENT(S)

1. Resolution

2. Contract No. 2025-163

ITEM 9.6. ATTACHMENT 1 Resolution No. XX-2025 Page 1 of 1

CITY OF RANCHO CORDOVA

RESOLUTION NO. XX-2025

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CORDOVA, STATE OF CALIFORNIA, AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACT NO. 2025-163 WITH DKS & ASSOCIATES, INC. IN AN AMOUNT NOT TO EXCEED $1,000,000

FOR ON-CALL PROFESSIONAL TRANSPORTATION PLANNING AND ENGINEERING

SERVICES

WHEREAS, the City of Rancho Cordova desires to enter into Contract No. 2025-163 with DKS & Associates, Inc. in an amount not to exceed $1,000,000 for on-call professional transportation planning and engineering services; and

WHEREAS, the Public Works Department employs the assistance of qualified consultants for transportation planning and engineering services in order to provide subject matter expertise and flexibility to adapt to variable workload demands; and

WHEREAS, the contract will be paid through various funding sources earmarked for the projects. The contract does not impact the city's general fund; and

WHEREAS, on-call Transportation Planning and Engineering contracts allow the city to draw upon greater resources, thus increasing the ability to handle workload peaks and respond nimbly to city needs.

NOW, THEREFORE, BE IT HEREBY RESOLVED THE CITY COUNCIL OF THE CITY OF RANCHO CORDOVA does authorize the City Manager to execute Contract No. 2025-163 with DKS & Associates, Inc. in an amount not to exceed $1,000,000 for on-call professional transportation planning and engineering services.

PASSED AND ADOPTED by the City Council of the City of Rancho Cordova on the 17th day of November 2025 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST:

Siri Pulipati, Mayor

Stacy Leitner, CMC
City Clerk

CONTRACT NO. 2025-163
Professional Services Agreement between
City of Rancho Cordova and DKS & Associates, Inc. Page 1 of 15 Revised 06/2025

ON-CALL PROFESSIONAL SERVICES AGREEMENT BETWEEN
THE CITY OF RANCHO CORDOVA AND DKS & ASSOCIATES, INC.

THIS AGREEMENT (hereinafter referred to as “Agreement”) for professional services is made by and between the City of Rancho Cordova, a California municipal corporation, (herein “City”) and DKS & Associates, Inc. (“Professional”) as of July 1, 2025.

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 Services attached as Exhibit A (“Services”) at the time and place and in the manner as 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 December 31, 2028, with the City’s option to extend for up to two additional one-year terms. Professional shall complete the services 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. The period of performance for each specific task shall be in accordance with the Task Order for that task. If work on a Task Order is in progress on the expiration date of this contract, the terms of the contract shall be extended by a contract amendment.

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 consistent with 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 sha ll, 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 Million Dollars and zero cents: ($1,000,000.00), 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, a ttached 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.

ITEM 9.6.

ATTACHMENT 2

CONTRACT NO. 2025-163

Professional Services Agreement between
City of Rancho Cordova and DKS & Associates, Inc. Page 2 of 15 Revised 06/2025
Professional shall submit all invoices to City in the manner specified herein. Except as specifically authorized by City, Professional shall not bill City for duplicate services performed by more than one person.

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 subc ontractors 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 el igible. City therefore has no responsibility for such contributions beyond compensation required under this Agreement.

2.1 Invoice. Professional shall submit invoices, not more often than once a month during the term of this Agreement, based on the cost for services performed and reimbursable costs incurred prior to the invoice date. Invoices shall contain the following information:
 Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice, etc.;
 The beginning and ending dates of the billing period;  A Task Summary containing the original contract amount, the amount of prior billings, the total due this period, the balance available under the Agreement, and the percentage of completion;
 At City’s option, for each work item in each task, a copy of the applicable time entries or time sheets shall be submitted showing the name of the person doing the work, the hours spent by each person, a brief description of the work, and each reimbursable expense;
 The total number of hours of work performed under the Agreement by Professional and each employee, agent, and subcontractor of Professional performing services hereunder, as well as a separate notice when the total number of hours of work by Professional and any individual employee, agent, or subcontractor of Professional reaches or exceeds 800 hours, which shall include an estimate of the time necessary to complete the work described in Exhibit A;
 The Professional’s signature.

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

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

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

ITEM 9.6.

ATTACHMENT 2

CONTRACT NO. 2025-163

Professional Services Agreement between
City of Rancho Cordova and DKS & Associates, Inc. Page 3 of 15 Revised 06/2025
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 10, 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. Th e location, quantity, and time of furnishing those facilities shall be in the sole discretion of City. In no event shall City be obligated to furnish any facility that may involve incurring any direct expense, including but not limited to computer, long -distance telephone or other communication charges, vehicles, and reproduction facilities.

SECTION 4. INSURANCE REQUIREMENTS . Before beginning any work under this Agreement, Professional, at its own cost and expense, shall procure "occurrence coverage" insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of 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 ITEM 9.6.

ATTACHMENT 2

CONTRACT NO. 2025-163

Professional Services Agreement between
City of Rancho Cordova and DKS & Associates, Inc. Page 4 of 15 Revised 06/2025
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 insu rance 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 notifi cation 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.

Professional hereby acknowledges and agrees to the insurance requirements set forth in this section which shall be monitored for compliance by Ebix, RCS, Inc.

Initial

4.2 Commercial General and Automobile Liability Insurance.

4.2.1 General requirements. Professional, at its own cost and expense, shall maintain commercial general liability insurance for the term of this Agreement in an amount not less than TWO MILLION DOLLARS ($2,000,000.00) and automobile liability insurance for the term of this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000.00). The commercial general liability and automobile liability insurance shall be per occurrence, combined single limit coverage for risks associated with the work contemplated by this Agreement. If a commercial general liability insurance or an automobile liability form or other form with a general 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 ITEM 9.6.

ATTACHMENT 2

CONTRACT NO. 2025-163

Professional Services Agreement between
City of Rancho Cordova and DKS & Associates, Inc. Page 5 of 15 Revised 06/2025
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 supervisi on 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 fourteen (14) days of notific ation from Professional’s insurer if such coverage is suspended, voided or reduced in coverage or in limits.

Professional hereby acknowledges and agrees to the insurance requirements set forth in this section which shall be monitored for compliance by Ebix, RCS, Inc.

Initial

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 ITEM 9.6.

ATTACHMENT 2

CONTRACT NO. 2025-163

Professional Services Agreement between
City of Rancho Cordova and DKS & Associates, Inc. Page 6 of 15 Revised 06/2025
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.

Professional hereby acknowledges and agrees to the insurance requirements set forth in this section which shall be monitored for compliance by Ebix, RCS, Inc.

Initial

4.4 All Polices 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 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.

ITEM 9.6.

ATTACHMENT 2

CONTRACT NO. 2025-163

Professional Services Agreement between
City of Rancho Cordova and DKS & Associates, Inc. Page 7 of 15 Revised 06/2025

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’ Compensat ion 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 Prof essional 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

 Terminate this Agreement.

ITEM 9.6.

ATTACHMENT 2

CONTRACT NO. 2025-163

Professional Services Agreement between
City of Rancho Cordova and DKS & Associates, Inc. Page 8 of 15 Revised 06/2025

SECTION 5. INDEMNIFICATION AND PROFESSIONAL’S RESPONSIBILITIES.

5.1 General Requirements. 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 enrollmen t 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 subc ontractors, 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.

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 ITEM 9.6.

ATTACHMENT 2

CONTRACT NO. 2025-163

Professional Services Agreement between
City of Rancho Cordova and DKS & Associates, Inc. Page 9 of 15 Revised 06/2025
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 c laims 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.

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. Professi onal 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 tha t are legally required to practice their respective professions. In addition to the foregoing, ITEM 9.6.

ATTACHMENT 2