Agenda packet — Rocklin City Council, September 26, 2023 (part 1 of 2)

ROCKLIN CITY COUNCIL
City Council Regular Meeting
City Hall - Council Chambers
3970 Rocklin Rd. Rocklin, CA
95677
Website:
www.rocklin.ca.us
September 26, 2023
General Session at 6:00 p.m.

AMENDED AGENDA
*Item 5B. Safe and Sane Fireworks - Use for Special
Occasions and increased Community Accountability.

Please see updated item 5B.
*Item 7B. Pursuant to Government Code section
54957.6: Conference with Labor Negotiators.

Please see updated item 7B.

KEN BROADWAY,

Mayor

GREG JANDA,

Vice Mayor

DAVID BASS,

Council Member

JILL GAYALDO,

Council Member

BILL HALLDIN,

Council Member

ALY ZIMMERMANN,

City Manager

DANIEL CUCCHI,

Interim City Attorney

DANIEL CHOE,

City Treasurer

HALEY REID,

Acting City Clerk

HOW TO PARTICIPATE
The City of Rocklin welcomes your interest and involvement in the City's legislative process. The City Council has established a procedure for addressing the Council. Persons wishing to address the City Council are asked to voluntarily complete and submit a speaker identification sheet to the City Clerk.

Speaker identification sheets are available near the entrance of the Council Chambers. For items listed on the agenda, any person may address the City Council at the time the item is considered. For items not listed on the agenda, any person may do so under Citizens Addressing the City Council. Speakers are requested to restrict their comments to the item as it appears on the agenda and stay within the required five minute time limit. The Brown Act does not permit the City Council to take action on items brought up under Citizens Addressing the City Council.

WRITINGS RECEIVED AFTER AGENDA POSTING
Any writing or documents related to an agenda item for this meeting provided to the City Council, Public Financing Authority or Successor Agency will be made available for public inspection at City Hall, 3970 Rocklin Road, Rocklin, during normal business hours.

AMERICANS WITH DISABILITIES ACT
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City Council Regular Meeting Agenda of September 26, 2023 1 The public may listen to audio or view the meeting via live stream at https://www.rocklin.ca.us/agendas-minutes
.

The public is welcome to attend in person or participate virtually.

For those that do not plan on attending in person, but wish to make a public comment during the meeting, public comments will be accepted in email form up until 3:00 p.m. on the meeting day.

Public comments should be submitted to the City Clerk at [email protected].

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1. REPORTS FROM CITY COUNCIL AND CITY MANAGER

AUDIO/VISUAL PRESENTATIONS
If making a presentation regarding an agenda item, all audio/visual materials must be submitted to the City Clerk or Secretary at least 72 hours in advance. The City is not responsible for the compatibility or operation of non-city devices or the functionality of non-city presentations

POSTING OF AGENDA
In accordance with Government Code Section 54954.2(a) this agenda was posted on the City's bulletin board at City Hall, 3970 Rocklin Road, Rocklin, and City of Rocklin website at www.rocklin.ca.us.

AGENDA

MEETING

INSTRUCTIONS

CALL TO ORDER

PLEDGE OF ALLEGIANCE

ROLL CALL

AGENDA REVIEW

CITIZENS ADDRESSING THE CITY COUNCIL
City Council Regular Meeting Agenda of September 26, 2023 2 2.

CONSENT CALENDAR
2A.

Minutes of September 12, 2023 Regular Meeting of City Council 2B.

Sidewalk Vending Regulations (Second Reading of Ordinance) 2C.

Ordinance Prohibiting Syringe Exchange Programs (Second Reading of Ordinance)
2D.

On-Call Inspection Services Contracts
2E.

Council Chambers Reconfiguration Notice of Completion

Recommendation:

Approve the Minutes of the September 12, 2023 Regular City Council Meeting.

Recommendation:

Adopt an Ordinance of the City Council of the City of Rocklin Adding Chapter 5.26 to Title 5 of the Rocklin Municipal Code to Establish Sidewalk Vending Regulations.

Recommendation:

Adopt an Ordinance of the City Council of the City of Rocklin adding Chapter 5.46 to Title 5 of the Rocklin Municipal Code Prohibiting Syringe Exchange Programs from operating in the City of Rocklin, and Finding and Determining that the Ordinance is not subject to the California Environmental Quality Act Pursuant to the CEQA Guidelines Sections 15061(b)(3), and 15378.

Recommendation:

A
.

Adopt a Resolution of the City Council of the City of Rocklin Awarding the Contract for On-Call Inspection Services and Authorizing the City Manager to Execute an Agreement with Mark Thomas & Company, Inc.

B
.

Adopt a Resolution of the City Council of the City of Rocklin Awarding the Contract for On-Call Inspection Services and Authorizing the City Manager to Execute an Agreement with UNICO Engineering Inc.

C
.

Adopt a Resolution of the City Council of the City of Rocklin Awarding the Contract for On-Call Inspection Services and Authorizing the City Manager to Execute an Agreement with Ghirardelli Associates, Inc.

D
.

Adopt a Resolution of the City Council of the City of Rocklin Awarding the Contract for On-Call Inspection Services and Authorizing the City Manager to execute and Agreement with Blackburn Consulting.

Recommendation:

Adopt a Resolution of the City Council of the City of Rocklin Accepting the Public Work Known as Council Chambers Reconfiguration, Approving the Notice of Completion Thereof, and Authorizing and Directing the Execution and Recordation of Said Notice on Behalf of the City (Building Concepts Construction).

City Council Regular Meeting Agenda of September 26, 2023 3 2F.

On-Call Planning Services Contract
2G.

Commemorative Tree and Bench Donation Policy Amendment

3. SPECIAL PRESENTATIONS
3A.

Proclamation Recognizing Parks & Recreation Director Kevin Huntzinger 3B.

Proclamation Recognizing September as Prostate Cancer Awareness Month 3C.

Placer County Transportation Planning Agency (PCTPA) Current Planning and Outreach Efforts

4. PUBLIC HEARINGS
4A.

Establishment and Amendment of City Service Fees
4B.

Temporary Sign Deposits and Abatement

5. DISCUSSION ITEMS
5A.

Section 115 Trust for Pension

Recommendation:

Adopt a Resolution of the City Council of the City of Rocklin Approving and Authorizing the City Manager to Execute a Contract for Services with Interwest Consulting Group, Inc.

Recommendation:

Adopt a Resolution of the City Council of the City of Rocklin Approving the Amended Commemorative Tree and Bench Donation Policy.

Recommendation:

A
.

Conduct a Public Hearing to Consider Testimony.

B
.

Introduce, Waive the Full Reading and Read by Title Only, an Ordinance of the City Council of the City of Rocklin Repealing and Replacing Section

3.32.050 of the Rocklin Municipal Code Related to the Establishment of Service Fees.

Recommendation:

A
.

Conduct a Public Hearing to Consider Testimony.

B
.

Introduce, Waive Full Reading, and Read by Title Only, an Ordinance of the City Council of the City of Rocklin To Amend Section 17.75.070 D.

Temporary Signs of the Rocklin Municipal Code to Establish a Compliance Deposit and Sign Removal Process (Temporary Signs/ZOA2023-0004).

C
.

Adopt a Resolution of the City Council of the City of Rocklin Adopting a Fee for the Abatement of Temporary Noncommercial Signs.

Recommendation:

Adopt a Resolution of the City Council of the City of Rocklin Approving the Adoption of the Public Agencies Post-Employment Benefits Trust Administered by Public Agency Retirement Services (PARS).

City Council Regular Meeting Agenda of September 26, 2023 4 5B.

Safe and Sane Fireworks – Use for Special Occasion and Increased Community Accountability

6. FUTURE AGENDA ITEMS

7. CLOSED SESSION
7A.

Pursuant to Government Code Section 54957, Public Employee Performance Evaluation: City Manager
7B.

Pursuant to Government Code section 54957.6: Conference with Labor Negotiators, Agency designated representatives: Mayor Broadway, Unrepresented employee: City Manager

Recommendation:

Introduce, Waive the Full Reading and Read by Title Only an Ordinance of the City Council of Rocklin Amending Chapter 8.24 of the Rocklin Municipal Code, Fireworks, to Modify the Prohibitions against the use of Fireworks to Allow for Exceptions for Special Occasions and to add Host Liability for Fireworks Ordinance Violations.

ADJOURNMENT
City Council Regular Meeting Agenda of September 26, 2023 5 City Council
Staff Report

Subject:

Minutes of September 12, 2023 Regular Meeting of City Council Date:

September 26, 2023
Submitted By:

Haley Reid, Acting City Clerk
Department:

City Clerk's Office
Recommendation:

Approve the Minutes of the September 12, 2023 Regular City Council Meeting.

Item Number 2A.

ATTACHMENTS:

1. DRAFT - Meeting Minutes of September 12, 2023
6 REGULAR MEETING OF THE

ROCKLIN CITY COUNCIL
September 12, 2023
GENERAL SESSION at 6:00 p.m.

Council Chambers
3970 Rocklin Road, Rocklin, CA 95677
www.rocklin.ca.us

MEETING MINUTES
-DRAFT-

CALL TO ORDER
Mayor Broadway called the meeting to order at 6:01 p.m.

PLEDGE OF ALLEGIANCE
Mayor Broadway led the pledge of allegiance.

ROLL CALL
Councilmembers: David Bass, Jill Gayaldo (absent), Bill Halldin, Greg Janda, Mayor Ken Broadway

AGENDA REVIEW
None.

CITIZENS ADDRESSING THE CITY COUNCIL
Michelle Vass addressed the City Council regarding the Rocklin Friends of the Library, Rocklin Reads program.

Shannon Catanella addressed the City Council regarding the Rocklin Unified School District.

Jerry Mitchell addressed the City Council about the roundabout at Pacific Street and Rocklin Road.

Benjamin Bjorkman addressed the City Council regarding the Rocklin High School football team victory. Additionally, he addressed the City Council regarding Patriot Day.

Alan Sankar addressed the City Council on behalf of Celebrate India regarding the allowed use of fireworks at religious/special events.

John Hughes addressed the City Council regarding the Rocklin Unified School District. 7 Regular Meeting Minutes of September 12, 2023
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1. REPORTS FROM CITY COUNCIL AND CITY MANAGER
City Council Reports
Councilmember Halldin thanked the team that worked on Patriot Day. He reported attendance at the Yomi’s Rice and Yogurt ribbon cutting and the Collin Raye concert at the Quarry.

Councilmember Bass reported attendance at Patriot Day. Additionally, he expressed appreciation for the Rocklin Police Department, Rocklin Unified School District for assisting local businesses with an issue regarding student activity.

Mayor Broadway reported attendance at the ribbon cutting for Roseville’s, “Nicole G.

Drive” established in honor of the fallen soldier. He also reported attendance at the Placer City and County dinner hosted in Rocklin. Mayor Broadway was also in attendance at Patriot Day and the swearing in for two new Rocklin Police Department officers.

City Manager Report
City Manager Aly Zimmermann highlighted upcoming event Hot Chili & Cool Cars taking place September 16. Additionally, she provided an update on a recent meeting with the Growth Factory and the release the environmental document for the Rocklin Road/ I-80 interchange project.

2. CONSENT CALENDAR
2A. Minutes of the August 22, 2023 Regular Meeting of the City Council Action: Approved the Minutes of the August 22, 2023 Regular Meeting of the City Council.
2B. Proclamation Recognizing Retiring Rocklin Police Department Captain Trent Jewell Action: Present a City Council Proclamation Recognizing Retiring Rocklin Police Department Captain Trent Jewell.
2C. Pulled for discussion.
2D. Response to 2022-2023 Grand Jury Report: Spending Homelessness Within Placer County
Action: Adopted Resolution No. 2023-130 of the City Council of the City of Rocklin Authorizing the Mayor to Execute a Response on Behalf of the City Council 2022-23 Grand Jury Final Report: Spending on Homelessness Within Placer County. 2E. Quarterly Treasurer's Report
Action: Received the Treasurer's Report for the Quarter Ending June 30, 2023. 8 Regular Meeting Minutes of September 12, 2023
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2F. Accounts Paid List - April 1, 2023 to June 30, 2023 Action: Received the Accounts Paid List for April 1, 2023 to June 30, 2023. 2G. 2023 - 2026 AFSCME MOU
Action: Adopted Resolution No. 2023-131 of the City Council of the City of Rocklin Adopting the Negotiated Memorandum of Understanding Between the City of Rocklin and AFSCME Council 57, Local 146 AFL-CIO Representing the Public Service Employees Bargaining Unit, Repealing the Provisions of Any Resolutions in Conflict Herewith, and Approving Associated Salary Schedules.
2H. Placer County Treasurer's Investment Pool - Designation of Authorized Staff Action: Adopted Resolution No. 2023-132 of the City Council of the City of Rocklin Authorizing Investment of Monies in the Placer County Treasurer's Investment Pool, and Designating Staff Authorized to Deposit and Withdraw Monies. 2I. Management, Confidential, and Unrepresented Employees; Updated Resolution and Salary Schedule Adoption
Action: Adopted Resolution No. 2023-133 of the City Council of the City of Rocklin Adopting Rules, Regulations, Benefits, and Policies Relating to Employee Relations Between the Management, Confidential, and Unrepresented Employees and the City, Repealing the Provisions of Any Resolutions in Conflict Herewith, and Approving Revised Salary Schedules for Management and Confidential Employees. 2J. Reimbursement for Fire Department Mutual Aid Responses Action: Adopted Resolution No. 2023 134 of the City Council of the City of Rocklin Authorizing Fire Department Response and Reimbursement when deployed from Official Duty Station and Assigned to a California Office of Emergency Services Emergency Incident.
2K. On-Call Planning Services Contract
Action: Adopted Resolution No. 2023-135 of the City Council of the City of Rocklin Approving and Authorizing the City Manager to Execute a Contract for Services with CSG Consultants, Inc.
2L. Purchase of a Driving Under the Influence Education and Enforcement Trailer Action: Adopted Resolution No. 2023-136 of the City Council of the City of Rocklin Authorizing the Purchase of One Driving Under the Influence (DUI) Education and Enforcement Trailer; Authorizing the City Manager to Execute the Necessary Purchase Documents with Ultra Haulers; and Authorizing a Budget Appropriation. 2M. Purchase of Crime Scene Investigation Van
Action: Adopted Resolution No. 2023-137 of the City Council of the City of Rocklin Approving and Authorizing the Purchase of One (1) Sentry Transit Crime Scene Investigation (CSI) Van from Gerling and Associates, Inc. and Authorizing the City Manager to Execute the Necessary Purchase Documents
9 Regular Meeting Minutes of September 12, 2023
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2N. SWRA East Pathway Phase II Project NOC
Action: Adopted Resolution No. 2023-138 of the City Council of the City of Rocklin Accepting the Additional Construction on the Public Work Known as SWRA East Pathway Phase II Project, Approving the Notice of Completion Thereof, and Authorizing and Directing the Execution and Recordation of Said Notice on Behalf of the City (Consolidated Engineering, Inc.).
2O. Mountaingate Drive Roadway Replacement NOC
Action: Adopted Resolution No. 2023-139 of the City Council of the City of Rocklin Accepting the Public Work Known as the Mountaingate Drive Roadway Replacement, Approving the Notice of Completion Thereof, and Authorizing and Directing the Execution and Recordation of Said Notice on Behalf of the City (Central Valley Engineering and Asphalt, Inc.).
2P. Cooperative Purchase Agreements
Action: Adopted Resolution No. 2023-140 of the City Council of the City of Rocklin Authorizing the City Manager to Purchase Goods and Services through Cooperative Purchase Agreements for Fiscal Year 2023/24.
2Q. Whitney Ranch Community Park Cell Tower Project
Action:

A. Adopted Resolution No. 2023-=141 of the City Council of the City of Rocklin Approving a Notice of Exemption (AT&T - Whitney Ranch Community Park Cell Tower Project).

B. Adopted Resolution No. 2023-142 of the City Council of the City of Rocklin Approving and Authorizing the City Manager to Execute an Option and Tower Structure License Agreement (AT&T - Whitney Ranch Community Park Cell Tower Project).
2R. Johnson-Springview Park Cell Tower Project
Action:

A. Adopted Resolution No. 2023-143 of the City Council of the City of Rocklin Approving a Notice of Exemption (AT&T - Johnson-Springview Park Cell Tower Project).

B. Adopted Resolution No. 2023-144 of the City Council of the City of Rocklin Approving and Authorizing the City Manager to Execute an Option and Tower Structure License Agreement (AT&T - Johnson-Springview Park Cell Tower Project).
10 Regular Meeting Minutes of September 12, 2023
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Motion to approve Consent Calendar item Nos. 2A. – 2B. and 2D – 2R by Vice Mayor Janda, seconded by Councilmember Bass. Passed by the following vote:

Ayes: Bass, Broadway, Halldin, Janda
Noes: NONE

Absent: Gayaldo
Abstain: NONE

CONSENT CALENDAR ITEMS PULLED FOR DISCUSSION
2C. 2023 Wall of Recognition Recommendations
Action: Approve the 2023 Wall of Recognition recommendations made by the Community Recognition Commission
Councilmember Halldin provided clarification regarding the Wall of Recognition recommendation.

Motion to approve Consent Calendar item No. 2C by Councilmember Halldin, seconded by Vice Mayor Janda. Passed by the following vote:

Ayes: Bass, Broadway, Halldin, Janda
Noes: NONE

Absent: Gayaldo
Abstain: NONE

3. SPECIAL PRESENTATIONS
3A. Proclamation Recognizing Retiring Rocklin Police Department Captain Trent Jewell Mayor Broadway and Chief Banks presented retiring Captain Trent Jewell with a proclamation recognizing his contribution to the Rocklin community.

Captain Trent Jewell thanked his family for their continued support. Additionally, he thanked Council and staff for their support.

City Council comments followed.

4. PUBLIC HEARINGS
4A. Annexation Into Community Facilities District No. 1 (Maverik Gas Station, APN 017- 283-047-000)
Action:

A. Conducted a Public Hearing to Consider Testimony
11 Regular Meeting Minutes of September 12, 2023
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B. Adopted Resolution No. 2023-143 of the City Council of the City of Rocklin of Annexation of Territory to Community Facilities District No. 1 (Annexation No. 78), Authorizing the Levy of a Special Tax, and Submitting Levy of Tax to Qualified Electors (Maverik Gas Station, APN 017-283-047-000).

C. Adopted Resolution No. 2023-144 of the City Council of the City of Rocklin Declaring Results of Special Annexation Election, Determining Validity of Prior Proceedings, and Directing Recording of Amended Notice of Special Tax Lien Pertaining to Community Facilities District No. 1 (Annexation No. 78) (Maverik Gas Station, APN 017-283-047-000).

Management Analyst Megan Bressem presented to City Council.

Mayor Broadway opened the public hearing. Seeing no public comment, Mayor Broadway closed the public hearing.

Motion to approve Item No. 4A.B by Vice Mayor Janda, seconded by Councilmember Bass. Passed by the following vote:

Ayes: Bass, Broadway, Halldin, Janda
Noes: NONE

Absent: Gayaldo
Abstain: NONE
Mayor Broadway asked Acting City Clerk Reid for a call out of votes. Acting City Clerk Reid reported two qualified votes and two yes votes were received.

Motion to approve Item No. 4A.C by Vice Mayor Janda, seconded by Councilmember Bass. Passed by the following vote:

Ayes: Bass, Broadway, Halldin, Janda
Noes: NONE

Absent: Gayaldo
Abstain: NONE
4B. 2022 Consolidated Annual Performance and Evaluation Report (CAPER) Action:

A. Conducted a Public Hearing to Consider Testimony
B. Adopted Resolution No. 2023-145 of the City Council of the City of Rocklin Authorizing Staff to Submit the 2022 Consolidated Annual Performance and Evaluation Report (CAPER) and Authorizing the City Manager to Execute and File All Documents Required for Submittal to the U.S. Department of Housing and Urban Development (HUD).
12 Regular Meeting Minutes of September 12, 2023
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Assistant City Manager Sherri Conway presented to Council.

Mayor Broadway opened the public hearing. Seeing no public comment, Mayor Broadway closed the public hearing.

Motion to approve Item No. 4B.B by Vice Mayor Janda, seconded by Councilmember Halldin. Passed by the following vote:

Ayes: Bass, Broadway, Halldin, Janda
Noes: NONE

Absent: Gayaldo
Abstain: NONE
4C. Sidewalk Vending Regulations
Action:

A. Conducted a Public Hearing to Consider Testimony
B. Introduced, Waived the Full Reading and Read by Title Only, Ordinance No. 1169 of the City Council of the City of Rocklin Adding Chapter 5.26 to Title 5 of the Rocklin Municipal Code to Establish Sidewalk Vending Regulations.

Code Enforcement Program Manager Ryan Taylor presented to Council.

Council comments and discussion followed.

Mayor Broadway opened the public hearing.

John Hughes addressed the City Council regarding the proposed ordinance.

Benjamin Bjorkman addressed the City Council regarding the proposed ordinance and continued support of capitalist ventures.

Mayor Broadway closed the public hearing.

Motion to approve Item No. 4C.B by Vice Mayor Janda, seconded by Councilmember Bass. Passed by the following vote:

Ayes: Bass, Broadway, Halldin, Janda
Noes: NONE

Absent: Gayaldo
Abstain: NONE
13 Regular Meeting Minutes of September 12, 2023
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5. DISCUSSION ITEMS
5A.Urgency Ordinance and Regular Ordinance Prohibiting Syringe Exchange Programs Action:

A. Adopted a Urgency Ordinance No. 1170 of the City Council of the City of Rocklin adding Chapter 5.46 to Title 5 of the Rocklin Municipal Code prohibiting syringe exchange programs from operating in the City of Rocklin, and Finding and Determining that the Urgency Ordinance is not subject to the California Environmental Quality Act pursuant to the CEQA Guidelines Sections 15061(b)(3), and 15378.

B. Introduced, waived full reading, and read by title only Ordinance No. 1171 of the City Council of the City of Rocklin adding Chapter 5.46 to Title 5 of the Rocklin Municipal Code prohibiting syringe exchange programs from operating in the City of Rocklin, and Finding and Determining that the Ordinance is not subject to the California Environmental Quality Act pursuant to the CEQA Guidelines Sections 15061(b)(3), and 15378.

Chief Banks presented to Council.

Council comments and discussion followed.

Public Comment:

John Hughes addressed the City Council regarding his support of the proposed urgency ordinance.

Motion to approve Item No. 5A.A by Councilmember Gayaldo, seconded by Vice Mayor Janda. Passed by the following vote:

Ayes: Bass, Broadway, Halldin, Janda
Noes: NONE

Absent: Gayaldo
Abstain: NONE
Motion to approve Item No. 5A.B by Councilmember Bass, seconded by Vice Mayor Janda. Passed by the following vote:

Ayes: Bass, Broadway, Halldin, Janda
Noes: NONE

Absent: Gayaldo
Abstain: NONE
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6. FUTURE AGENDA ITEMS
Councilmember Bass requested and item to discuss allowing fireworks for special occasions. Mayor Broadway seconded the request.

ADJOURNMENT
Mayor Broadway adjourned the meeting at 7:32 p.m.

Respectfully submitted,
___________________________
Haley Reid, Acting City Clerk
15 City Council
Staff Report

Subject:

Sidewalk Vending Regulations (Second Reading of Ordinance) Date:

September 26, 2023
Submitted By:

David Mohlenbrok, Director of Community Development
Department:

Community Development
Recommendation:

Adopt an Ordinance of the City Council of the City of Rocklin Adding Chapter 5.26 to Title 5 of the Rocklin Municipal Code to Establish Sidewalk Vending Regulations.

Background:

On September 12, 2023 the City Council introduced, read by title only and waived the first full reading of an Ordinance adding Chapter 5.26 to Title 5 of the Rocklin Municipal Code to Establish Sidewalk Vending Regulations.

The background materials associated with this item are contained in the September 12, 2023
City Council Meeting Staff Report
, available on the City's website.

Fiscal Impact:

There is no direct fiscal impact to the staff recommendation.

Item Number 2B.

ATTACHMENTS:

1. Ordinance No. 1169
16 ORDINANCE NO. 1169

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROCKLIN ADDING CHAPTER 5.26 TO TITLE 5 OF THE ROCKLIN MUNICIPAL CODE

TO ESTABLISH SIDEWALK VENDING REGULATIONS
WHEREAS, Section VII of Article XI of the California Constitution provides that a City may make and enforce within its limits all local, police, sanitary, and other ordinances and regulations not in conflict with general laws;
WHEREAS, the City Council finds it necessary to update, consolidate, and streamline the Rocklin Municipal Code (“RMC”) periodically to comply with recent law enactments and decisions and to achieve more efficient enforcement of code violations to promote public health, safety, and welfare;
WHEREAS, in light of recent state law enactments and decisions as well as recent efforts to ensure more efficient enforcement of Rocklin Municipal Code and other laws which the City is empowered to enforce, the City Council has identified amendments and adoptions to be made to the Rocklin Municipal code relating to regulations on sidewalk vending; WHEREAS, recent California Senate Bill 946, codified in Government Code sections 51036 to 51039, limited local authorities’ ability to regulate street vendors, including methods of enforcement, and as a result, the City Council has identified key changes to provide enforcement practices in the RMC to comply with the new law; WHEREAS, on January 1, 2023, Senate Bill 972 was codified in the California Retail Food Code establishing a newly defined mobile food facility known as a “compact mobile food operation” (CFMO) which will allow for new types of carts; WHEREAS, the City wishes to ensure that the RMC’s provisions for sidewalk vending and regulation of compact mobile food operations are consistent with state law for accuracy of enforcement and transparency for the public; and
WHEREAS, said amendments and adoptions of the Rocklin Municipal Code are permitted by law, including the California Constitution, Government Code, and Civil Code.

NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ROCKLIN DOES ORDAIN AS FOLLOWS:

Section 1. Findings. The findings and recitals set forth above are true and correct.

Section 2. Purpose. The purpose of this ordinance is to establish a sidewalk vendor regulatory program that complies with Senate Bill 946 and Senate Bill 972 within the City of Rocklin.
17 Section 3. Authority. The City Council enacts this ordinance under the authority granted to cities by Article XI, Section VII of the California Constitution and Government Code section 37100.

Section 4. Amendment. Chapter 5.26 of Title 5, of the Rocklin Municipal Code is hereby amended in its entirety to read as follows:

Chapter 5.26 – Sidewalk Vending
Sections:

5.26.010 Purpose.

5.26.020 Definitions.

5.26.030 Business License and Sidewalk Vending Permit Required.

5.26.040 Requirements for Permit Application.

5.26.050 Identification Number; Confidentiality.

5.26.060 Issuance of Sidewalk Vending Permit.

5.26.070 Operational Requirements.

5.26.080 Location of Carts.

5.26.090 Special Requirements for the Sale of Food.

5.26.100 Exceptions.

5.26.110 Penalties.

5.26.120 Denials, Suspension or Revocation of Sidewalk Vending Permit

5.26.130 Appeals

5.26.010 Purpose.

The purpose of this chapter is to establish a sidewalk vending permitting and regulatory program that complies with Senate Bill 946 (Chapter 459, Statutes 2018) and Senate Bill 972 (Chapter 459, Statutes 2022). The provisions of this chapter allow the City to encourage small business activities by removing total prohibitions on portable food stands and certain forms of solicitation while still permitting regulation and enforcement of unpermitted sidewalk vending activities to protect the public’s health, safety, and welfare.

5.26.020 Definitions.

A. If a term or phrase is not defined in this part, or elsewhere in this code, the most common dictionary definition is presumed to be correct.

B. As used in this chapter, the following terms and phrases shall have the meaning ascribed to them in this part, unless the context in which they are used clearly requires otherwise:

1. "Cart" collectively means a stationary cart or mobile cart as defined in “Compact mobile food operation”.
18 2. “Compact mobile food operation (CMFO)” is defined as a mobile food facility that operates from an individual or from a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other nonmotorized conveyance.

3. "Certified farmer's market" means a location operated in accordance with Chapter 10.5 (commencing with Section 47000), of Division 17 of the California Food and Agricultural Code and any regulations adopted pursuant to that chapter.

4. "Citation" means an administrative citation issued pursuant to section 5.26.110 of this Code, unless otherwise specified.

5. "City" means the City of Rocklin, a municipal corporation.

6. "Department" means the community development department of the city.

7. "Food" means any type of edible substance or beverage.

8. "Goods or merchandise" means any item that is not food.

9. "Person or persons" means one or more natural persons, individuals, groups, businesses, business trusts, companies, all domestic or foreign corporations, joint stock corporations, joint ventures, partnerships of every kind, entities, syndicates, associations, clubs, societies or organizations of any kind composed of two or more individuals, other than as an employee.

10. “Public Property” means any real property, or interest therein, owned, leased, operated, or otherwise controlled by the City, other than a street, alley, or parkway.

11. “Recreation area” means all parks, places, greenbelts, gardens, and any other property owned by the city, including structures thereon, used, operated or maintained for recreational purposes, whether active or passive. The term “owned” shall mean any property interest under which the city operates, maintains or controls such property.

12. “Residential” means any area zoned exclusively as residential in Title 17 or designated exclusively, or partially, for residential use as part of a Planned Community Zoning District, Planned Community Development Plan, Planned Residential District, Specific Plan, Specific Plan Area, General Development Plan, or a residential overlay district or their equivalent.

13. "Roaming Sidewalk Vendor" means a person who moves from place to place and only stops to complete a transaction.

14. "Sidewalk" means any surface in the public right-of-way provided for the exclusive use of pedestrians, including sidewalk, alleys, and parkway trails or paths.

15. "Sidewalk vending receptacle" or “sidewalk vendor receptacle” is a piece of equipment used for vending, including a CMFO, mobile food facility that operates from an individual or from a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, pushcart, or other non-motorized conveyance, or from one's person, upon a sidewalk or other pedestrian path. These non-motorized conveyances exclude vehicles, as defined in 19 the Vehicle Code of the State of California, from which food or beverages are offered for sale to the public.

16. “Sidewalk vendor” or “vendor” means a person(s) who sells food or merchandise from a sidewalk vending receptacle or from one’s person, upon public property.

17. “Sidewalk vendor activities” or “sidewalk vending activity” means actions that qualify a person as a sidewalk vendor or actions done in anticipation of becoming a sidewalk vendor such as, but not limited to, placement or maintenance of any sidewalk vending receptacles.

18. "Stationary Receptacle" means a piece of equipment used for vending which has no motor and is not mobile except when being pushed, carried or transported to and from a space on the sidewalk on a daily basis, such as a rack, stand, table, display or showcase.

19. "Stationary sidewalk vendor" means a vendor who vends from a fixed location.

20. "Swap meet" means a location operated in accordance with Article 6 (commencing with Section 21660) of Chapter 9 of Division 8 of the California Business & Professions Code, and any regulations adopted pursuant to that article, or any successor chapter.

21. "Vend, vends or vending" means to sell, offer for sale, expose or display for sale, solicit offers to purchase, or to barter food or merchandise, or to require someone to negotiate, establish or pay a fee before providing food or merchandise, even if characterized as a donation on public property.

22. "Business License" is tax from the city finance division, required for each person who vends in accordance with this chapter in the city.

23. " Sidewalk Vending permit" is written approval required for each vending receptacle used for vending in the city.

5.26.030 Business License and Sidewalk Vending Permit Required.

A. No person shall operate as a sidewalk vendor without first obtaining, and at all times maintaining, a valid City business license in accordance with 5.04.060 and related sections of 5.04 of Title 5, and complying with all requirements of the business license.

B. No person shall operate as a sidewalk vendor without first obtaining, and at all times maintaining, a sidewalk vending permit in accordance with this Chapter, and complying with all requirements of the permit.

C. The sidewalk vending permit shall be valid for one year unless revoked or suspended prior to expiration. An application to renew a sidewalk vending permit under this section shall be made not less than thirty days prior to the expiration of the current permit. A valid business license shall be applied for or renewed concurrently with the sidewalk vending permit each year.

D. A separate business license and sidewalk vending permit shall be required for each cart or compact mobile food operation (“CMFO”).
20 5.26.040 Requirements for Permit Application.

A. An application for a sidewalk vending permit for sidewalk vending shall include all of the following, to the extent applicable:

1. The name, address, and telephone number of the applicant and each person who will operate the cart.

2. A photo identification of the applicant and each person who will operate the cart.

3. A description of the cart, including dimensions of the cart, and a photograph of the cart.

4. A complete list of the food or merchandise to be displayed, exchanged or sold.

5. If the sidewalk vendor is an agent of an individual, company, partnership, or corporation, the name and business address of the principal.

6. The vendor’s California seller’s permit number (California Department of Tax and Fee Administration sales tax number).

7. A City of Rocklin business license.

8. An agreement by the sidewalk vendor to defend, indemnify, release and hold harmless the City, its City Council, boards, commissions, officers and employees from and against any and all claims, demands, obligations, damages, actions, causes of action, suits, losses, judgements, fines, penalties, liabilities, costs, and expenses (including without limitation attorney’s fees, disbursements, and court costs) of every kind and nature whatsoever which may arise from or in any manner related (directly or indirectly) to the street and sidewalk vending permit or the vendor’s sidewalk vending activities. This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, attorneys’ fees, and other expenses incurred in connection with such claim, action, or proceeding whether incurred by the permittee, City, and/or the parties initiating or bringing such proceeding.

9. An acknowledgement that the use of public property is at the sidewalk vendor’s own risk, the City does not take any steps to ensure public property is safe or conducive to the sidewalk vending activities, and the sidewalk vendor uses public property at their own risk.

10. An acknowledgement that the sidewalk vendor will obtain and maintain throughout the duration of any sidewalk vending permit issued under this chapter any insurance required by city risk management.

11. A copy of any license or permit required from any other state or local agency that is required by law, including, but not limited to, a copy of any required permit from the county health department, if required.

12. A certification by the applicant that to his or her knowledge and belief, the information contained in the application is true.
21 5.26.050 Identification Number; Confidentiality.

A. Notwithstanding any other requirement in this code, an applicant for a business license or sidewalk vending permit to operate as a sidewalk vendor shall not be required to submit a social security number for the issuance of such license or permit. In lieu of an otherwise required social security number, the City shall accept a California driver’s license or identification number, an individual taxpayer identification number, or a municipal identification number along with a permit application, which must be provided at time of application. Identification numbers submitted under this Chapter shall not be made available to the public for inspection, shall be treated as confidential, and shall not be disclosed except as required to administer the license or permit program or to comply with a state law or state or federal court order.

5.26.060 Issuance of Sidewalk Vending Permit.

A. Within thirty (30) calendar days of receiving a complete application, the Community Development Director, or designee, may issue a sidewalk vending permit, with appropriate conditions, as provided for herein, if he or she finds based on all of the relevant information that:

1. The conduct of the sidewalk vendor will not unduly interfere with traffic or pedestrian movement, or tend to interfere with or endanger the public peace or rights of nearby residents to the quiet and peaceful enjoyment of their property, or otherwise be detrimental to the public peace, health, and safety or general welfare.

2. The conduct of the sidewalk vendor will not unduly interfere with normal governmental or City operations, threaten to result in damage or detriment to public property, or result in the incurring costs or expenditures in either money or personnel not reimbursed in advance by the sidewalk vendor.

3. The conduct of such sidewalk vending activity will not constitute a fire hazard, and all proper safety precautions will be taken.

4. The conduct of such sidewalk vending activity will not require the diversion of police officers to properly police the area of such activity as to interfere with normal police protection for other areas of the City.

5. The sidewalk vendor has paid all previous administrative fines, completed all community service, and completed any other alternative disposition associated in any way with a previous violation of this chapter.

6. The sidewalk vendor has not had a sidewalk vending permit revoked within the past twelve (12) months.

7. The sidewalk vendor’s application contains all required information.

8. The sidewalk vendor has not made a materially false, misleading, or fraudulent statement of fact to the City in the application process.

9. The sidewalk vendor has satisfied all the requirements of this chapter. 22 10. The sidewalk vendor has paid all applicable fees as set by City Council resolution.

11. The sidewalk vendor’s proposed activities shall conform to the requirements of this chapter.

12. The sidewalk vendor has adequate insurance to protect the City from liability associated with the sidewalk vendor’s activities, as determined by city risk management, and, if required by the City, the City has been named as an additional insured.

13. The sidewalk vendor has satisfactorily provided all information requested by the Community Development Director, or designee, to consider the vendor’s application.

B. A sidewalk vending permit is nontransferable. Any change in ownership or operation of a sidewalk vendor or sidewalk vending receptacle requires a new street and sidewalk vending permit under this chapter.

5.26.070 Operational Requirements.

A. Each cart used by a sidewalk vendor must display a valid sidewalk vendor permit at all times, which shall be issued by the City, and shall also display all county and state permitting and licensing requirements for the preparation and sale of food.

B. All sidewalk vendors shall comply with the terms and conditions of the sidewalk vending permit and shall not sell any food or merchandise that was not listed in the sidewalk vending permit application.

C. Stationary sidewalk vendors are prohibited from vending in any exclusively residential zone; however, roaming sidewalk vendors shall not be prohibited from operating in such zones.

D. In order to prevent obstructions of the public right-of-way, the total display area footprint of the cart, including the cart itself and any accompanying display, signage, or related items shall not exceed a length of 72 inches, a width of 54 inches, or a height, including roof, awning, or canopy, of 78 inches.

E. In order to prevent obstructions of the public right-of-way, no sidewalk vendor shall set up or allow use of an additional structure, including a table, crate, carton, or rack, to increase the selling display capacity of the cart unless such item explicitly is allowed in the sidewalk vending permit obtained by the sidewalk vendor.

F. In order to preserve sanitary conditions in all public rights-of-way, all sidewalk vendors shall provide a trash receptacle for customers and must ensure proper disposal of customer and vendor trash. The trash receptacle must be large enough to accommodate customer trash without resort to existing city trash receptacle located on any block used by the general public. A sidewalk vendor may not dispose of customer trash in existing trash receptacles on sidewalks.

G. In order to prevent damage to public property and prevent obstructions of the public right- of-way, no cart may be chained or fastened to any pole, sign, tree, or other object in the public right-of-way.
23 H. In order to preserve the safety of the public, and prevent misuse of carts, no cart may be left unattended at any time. Carts left unattended on the public right-of-way will be immediately removed by the city for safe keeping and a notice of removal will be posted in the area with instructions on how to reclaim the cart. Any perishables on the cart will be discarded after removal.

I. In order to preserve the safety of the public, to prevent misuse of carts, and to prevent obstructions of the public right-of-way, no cart may be stored, parked, or left overnight on any public street or right-of-way, or within a public park or other public property.

J. In order to preserve the safety of vehicular travels, no sidewalk vendor may solicit business from or conduct business with a person in motor vehicles.

K. In order to preserve the safety of vehicular travelers and pedestrians, and preserve public peace and welfare, no cart may be outfitted with any equipment, signage, or mechanism that endangers or detracts from the health, safety, or welfare of the public by causing an excessive distraction to motorists or interfering with nearby residences, business, or pedestrians, including but not limited to, sound amplification, flashing lights, smoke, steam, bubbles, gas-powered generators, or excessive fumes.

L. In order to preserve the peace, safety, and tranquility a sidewalk vendor may operate a stationary sidewalk receptacle only in an authorized commercial, mixed use or industrial zone.

M. In order to preserve the peace, safety, and tranquility, roaming sidewalk vendors may only operate between the hours of sunrise to sunset in exclusively residential zones and all sidewalk vendors may only operate in all other allowed zoning districts consistent with the operating hours of restaurants and business hours on the same street.

N. In order to preserve sanitary operations a sidewalk vendor shall have the means to access adequate restroom facilities identified within their roaming routes or stationary locations.

O. In order to prevent obstructions of the public right-of-way, all signage related to the vending operation shall be affixed to the cart, or otherwise, shall be in compliance with the zoning code.

P. Sidewalk vendors must at all times vend in compliance with this chapter.

5.26.080 Location of Carts.

A. In order to ensure access to public rights-of-way by pedestrians and emergency personnel, and avoid interference with vehicular traffic, certified farmers’ market, swap meets, and City-permitted special events, sidewalk vendors shall not operate in the following areas of the public right-of-way:

1. Any area other than a public sidewalk or pedestrian path.

2. Within 15 feet of a marked crosswalk.

3. Within 5 feet of the curb return.

4. Within 15 feet of any fire hydrant, fire call box, or other emergency facility. 24 5. Within 200 feet of a Police or Fire Station.

6. Within 10 feet of an entrance to or emergency exit of any building or business during the hours that the building or business is open to the public.

7. Within 15 feet of a transit stop.

8. Adjacent to any designated or marked loading zone or bus zone.

9. Within 15 feet of the outer edge of a driveway or driveway apron.

10. Any location that would impede entering or exiting a parked vehicle.

11. Any location that impedes the flow of pedestrian traffic by reducing the clear space to less than 4 feet or impedes access to or the use of abutting property, including, but not limited to, residences and places of business.

12. Within 100 feet in any direction of the nearest vendor or concessionaire participating in a certified farmers’ market or swap meet.

13. Within 15 feet of an outdoor dining or patio dining area;

14. Where placement impedes the flow of pedestrian traffic to less than that required by the Americans with Disabilities Act and other relevant standards for accessibility, or impedes access to or the use of abutting property, including but not limited to, residences and places of business;

15. Within 100 feet of a City-permitted special event, including, but not limited to, parades, concerts, and movie filmings, unless vendor has received a permit to vend as part of the event. For moving events, vending shall be prohibited within 100 feet of any portion of the approved event route. For stationary events, vending shall be prohibited within 100 feet of the parcel boundary for the location of the event.

16. Within 500 feet of any public, charter, or private school grounds between the hours of 7:00 a.m. and 4:00 p.m. on school days, and during any other time when in use and creating high vehicular traffic, such as uses for major sporting events.

17. Upon or within any roadway, median strip, bike lane, dividing section, or landscape areas.

18. Any public sidewalk location when the straight path would not allow for 48 inches, or as the law updates, of clear width walking space of any sidewalk to be in compliance with Americans with Disabilities Act (ADA) regulations.

19. Any public sidewalk where there is a 180 degree turn path from sidewalk ramps and corner curbs when the location would not allow for 42 inches approaching the turn, 48 inches at the turn, and 42 inches leaving the turn, or as law updates, or clear width walking space of any sidewalk to be in compliance with ADA regulations.

5.26.090 Special Requirements for the Sale of Food.

A. All sidewalk vendors that prepare or sell food must be in compliance with all county and state permitting and licensing requirements for the preparation and sale of food. 25 5.26.100 Exceptions.

A. This chapter shall not apply to the following activities and businesses:

1. Seasonal temporary holiday sales, such as a pumpkin patch or Christmas tree sales and other similar activities for which a conditional use permit or Special Event Permit has been issued.

2. Fireworks sales.

3. Yard sales operated during daylight hours, conducted in accordance with RMC 5.30.030.

4. Vending attendant to a permitted temporary circus or carnival activities.

5. Mobile health or veterinary clinics.

6. Fundraising activities conducted by organizations exempt from the business operations tax.

7. Lemonade stands, or similar enterprises operated solely by persons under the age of 16.

B. Nothing in this section relieves persons engaged in the exempted activities or businesses from obtaining any other permit or license required by law, or from conducting the exempted activities or businesses in compliance with the law.

5.26.110 Penalties.

A. For the purposes of this Section, “sidewalk vending program” refers to the provisions of Sections 5.26.070 through 5.26.090 and the requirement to obtain a sidewalk vending permit.

1. A violation of any provision in Sections 5.26.070 through 5.26.090 may only be punishable by the following:
a. An administrative fine not exceeding one hundred dollars ($100) for a first violation.
b. An administrative fine not exceeding two hundred fifty dollars ($250) for a second violation within one year of the first violation. c. An administrative fine not exceeding five hundred dollars ($500) for each violation within one year of the first violation.
d. Rescission of the sidewalk vendor’s permit for the term of that permit upon the third or subsequent violations.

2. Vending without a sidewalk vending permit may be punishable by the following:
a. An administrative fine not exceeding two hundred fifty dollars ($250) for a first violation.
b. An administrative fine not exceeding five hundred dollars ($500) for a second violation within one year of the first violation.
26 c. An administrative fine not exceeding one thousand dollars ($1,000) for each violation within one year of the first violation.

3. Upon proof of a valid sidewalk vending permit, an administrative citation imposed under Section 5.26.110(A)(2) shall be reduced to the respective administrative fine set forth in Section 5.26.110(A)(1).

4. No other fines, fees, assessments, or financial conditions shall be imposed for violation of the sidewalk vending program other than those imposed in Section 25.26.110(A)(1) and (2).

5. Notwithstanding any other provision of this code, neither a violation of the sidewalk vending program as codified in Sections 5.26.070 through 5.26.090 nor a failure to pay an administrative fine, imposed by Section 5.26.110(A)(1) or (2) shall be punishable as an infraction or misdemeanor.

6. Any person who receives an administrative fine under Section 5.26.110(A)(1) or (2) shall have a right to request an ability-to-pay determination. a.The City shall give any such person written notice of his or her right to request an ability-to-pay determination as well as instructions and other materials for requesting an ability-to-pay determination at the time that the administrative fine citation is issued.
b. A right-to-pay determination may be requested at any time following the issuance of the administrative fine citation until the fine is paid, including when payment of the fine is delinquent or has been referred to a collection program. c. Upon receipt of a request for an ability-to-pay determination, the City Manager or his or her designee shall determine whether such person meets the criteria described in subdivision (a) or (b) of Section 68632 of the Government Code. The determination of the City Manager or his or her designee shall be final. d. If the person meets the criteria described in subdivision (a) or (b) of Section 68632 of the Government Code, the City shall reduce the fine to twenty percent (20%) of the amount of the fine originally imposed.

7. The City Manager may, in his or her discretion, allow a person who receives an administrative fine under Section 5.26.110(A)(1) or (2) to complete community service in lieu of paying the total administrative fine, may waive the administrative fine, or may offer an alternative disposition.

8. Nothing in the Chapter shall be construed to limit the City’s ability to enforce, or remedies for enforcing, laws of general applicability or other provisions of this code against sidewalk vendors, or take any other enforcement actions against sidewalk vendors that are not prohibited by state or federal law, or which are allowed by this code.
27 5.26.120 Denials, Suspension or Revocation of Sidewalk Vending Permit.

A. Any sidewalk vending permit issued under this chapter may be suspended or revoked for any of the following reasons:

1. Fraud or misrepresentation of the application for the street and sidewalk vending permit;

2. Fraud or misrepresentation of the course of conducting the business or vending;

3. Conducting the business or vending contrary to the conditions of the sidewalk vending permit;

4. Conducting the business or vending in such a manner as to create a public nuisance or constitute a danger to the public health, safety and welfare;

5. The City may revoke or suspend any sidewalk vending permit issued to a sidewalk vendor for the term of that sidewalk vending permit upon the third or subsequent violations.

B. On suspension or revocation, the City shall deliver written notice to the sidewalk vending permit holder stating the action taken and the reason for the supporting action. The written notice shall be delivered to the sidewalk vending permit holder’s place of business or mailed to the last known address provided on the permit application.

5.26.130 Appeals
(1) Penalties may be appealed by filing a written notice to appeal to the City Clerk per Title 1, Article III of the Rocklin Municipal Code.
(2) Sidewalk vending permit application denials, and sidewalk vending permit suspension or revocation may be appealed per Rocklin Municipal Code Title 5, Chapter 5.01 – Appeals Procedures.

Section 5. Severability. If any section, sub-section, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have adopted this ordinance and each section, sub-section, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more sections, sub-sections, sentences, clauses, phrases or portions to be declared invalid or unconstitutional.

Section 6. Environmental Analysis. The City Council hereby finds that this ordinance is not subject to review under the California Environmental Quality Act (“CEQA”) pursuant to Sections 15060(c)(2) and 15061(b)(3) of the California Code or Regulations Title 14, Division 6, Chapter 3 (“CEQA Guidelines”), because the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment and there is no possibility the activity in question may have a significant effect on the environment. 28 Section 7. Effective Date. This ordinance shall take effect thirty (30) days after the day of its adoption.

Section 8. Publication. Within fifteen days of passage of this ordinance, the City Clerk shall cause the full text of the ordinance, with the names of those City Council members voting for and against the ordinance, to be published in the Placer Herald. In lieu of publishing the full text of the ordinance, the City Clerk, if so, directed by the City Attorney and within fifteen days, shall cause a summary of the ordinance, prepared by the City Attorney and with the names of the City Council members voting for and against the ordinance, to be published in the Placer Herald, and shall post in the office of the City Clerk a certified copy of the City Council members voting for and against the ordinance. The publication of a summary of the ordinance in lieu of the full text of the ordinance is authorized only where the requirements of Government Code section 36933(c)(1) are met.

INTRODUCED at a regular meeting of the City Council of the City of Rocklin held on September 12, 2023, by the following vote:

AYES: Councilmembers: Bass, Halldin, Janda, Broadway
NOES: Councilmembers: None
ABSENT: Councilmembers: Gayaldo
ABSTAIN: Councilmembers: None
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Rocklin held on September 26, 2023, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:
____________________________________
Ken Broadway, Mayor
ATTEST:
___________________________
Haley Reid, Acting City Clerk
First Reading: September 12, 2023
Second Reading:

Effective Date:
29 City Council
Staff Report

Subject:

Ordinance Prohibiting Syringe Exchange Programs (Second Reading of Ordinance)
Date:

September 26, 2023
Submitted By:

Rustin Banks, Police Chief
Department:

Police
Recommendation:

Background:

On September 12, 2023 the City Council introduced, read by title only and waived the first full reading of an Ordinance adding Chapter 5.26 to Title 5 of the Rocklin Municipal Code prohibiting syringe exchange programs from operating in the City of Rocklin, and Finding and Determining that the Ordinance is not subject to the California Environmental Quality Act pursuant to the CEQA Guidelines Sections 15061(b)(3), and 15378.

The background materials associated with this item are contained in the September 12, 2023
City Council Meeting Staff Report
, available on the City's website.

Fiscal Impact:

There is no direct fiscal impact to the staff recommendation.

Item Number 2C.

ATTACHMENTS:

1. Ordinance No. 1171
30 ORDINANCE NO. 1171
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROCKLIN ADDING CHAPTER 5.46 TO TITLE 5 OF THE ROCKLIN MUNICIPAL CODE PROHIBITING SYRINGE EXCHANGE PROGRAMS

FROM OPERATING IN THE CITY OF ROCKLIN
WHEREAS, according to the California Department of Public Health, there are more than fifty Syringe Exchange Programs defined in California Health and Safety Code Section 121349 et seq. (SEPs), operating in California that provide sterile syringes to, and collect used syringes from, people who inject drugs; and
WHEREAS, California Health and Safety Code Section 121349 et seq. provides that a SEP may be authorized to operate by a county, city government, or the California Department of Public Health (CDPH); and
WHEREAS, since 2015, licensed pharmacies throughout California have been authorized to sell syringes to adults without a prescription with no limits on the number of syringes that may be sold; and
WHEREAS, California law allows adults to purchase and possess an unlimited number of syringes for personal use when acquired from a pharmacy, physician, or authorized SEP; and WHEREAS, any SEP authorized by CDPH to operate in a city must comply with applicable local ordinances; and
WHEREAS, California law does not explicitly require the City to authorize the establishment and/or operation of SEPs; and
WHEREAS, no provision of the Rocklin Municipal Code specifically addresses SEPs; and WHEREAS, absent sufficient local regulation, a SEP may operate anywhere and have greater negative impacts on the public health and welfare; and WHEREAS, although State law require that used syringes be transported to a collection center in containers, and prohibits the loose disposal of syringe waste in trash or recycling containers, people continue to dispose of contaminated syringes improperly which increases the risk that others will come into contact with them; and WHEREAS, the improper collection and disposal of used hypodermic needles and syringes occurs in parks, roads, sidewalks, trails, and public and private property; and WHEREAS, syringe and needle waste represent a potential public health hazard for children, adults, and public employees, including staff in the Police, Fire, Code Enforcement, Community Development, Parks and Recreation, and Public Services Departments through 31 unnecessary exposure and risk of injury due to improper disposal of syringes, which presents an imminent threat to, the health, property, safety and welfare of the public; and WHEREAS, pursuant to the City’s police power, as granted by Article XI, Section 7 of the California Constitution, the City Council of the City of Rocklin has the authority to enact and enforce ordinances and regulations for the public peace, health and welfare of the City and its residents; and
WHEREAS, Government Code Section 38771 authorizes a City, through its legislative body, to declare actions and activities that constitute a public nuisance; and WHEREAS, the City desires to exercise its local power and authority to prohibit SEPs from operating within the City of Rocklin; and
WHEREAS, based on the findings above, the City Council has determined that there exists a threat to public health, safety and welfare if the City does not add Chapter 5.46 to the Rocklin Municipal Code prohibiting SEPs from being established and existing in Rocklin.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ROCKLIN DOES ORDAIN AS FOLLOWS:

Section 1. Findings. The findings and recitals set forth above are true and correct.

Section 2. Purpose. The purpose of this ordinance is to add Chapter 5.46 to Title 5 Rocklin Municipal Code to prohibit Syringe Exchange Programs in the City of Rocklin.

Section 3. Authority. The City Council enacts this ordinance under the authority granted to cities by Article XI, Section 7 of the California Constitution and Government Code section 37100.

Section 4. Amendment. Chapter 5.46 (Syringe Exchange Programs Prohibited) is hereby added to Title 5 of the Rocklin Municipal Code as follows:

Section 5.46.01 Purpose and Intent
The purpose and intent of this section is to prohibit Syringe Exchange Programs from operating in the City of Rocklin in order to protect the public from the health and safety risks associated with such programs and with the improper disposal of syringes, needles and related waste. For purposes of this section, “Syringe Exchange Program” means a program operating within the jurisdictional boundaries of the City of Rocklin that acts as a point of access to health education and care for people who inject drugs, where hypodermic needles and/or syringes are dispensed, or where used syringes are collected pursuant to the authority of Chapter 18 of Part 4 of Division 105 of the California Health and Safety Code, or successor section or chapter thereof, 32 such that persons participating in and/or operating such programs are exempt from criminal prosecution for acts related to the possession of needles and/or syringes.

Section 5.46.02 Syringe Exchange Programs Prohibited
It shall be unlawful and a public nuisance for any person to create, establish, operate, conduct, or participate in a syringe exchange program, as defined by Health and Safety Code Section 121349, et seq.

Section 5.46.03 Penalty
Any violation of this section may be enforced by the City, the City’s Police Department or an enforcement officer in accordance with the procedures set forth under state law or city ordinances, including imposition of administrative citations pursuant to Chapter 1.14 of the Municipal Code.

Section 5.43.04 Conformance to Law
The provisions of this section shall be interpreted in accordance with otherwise applicable state and federal law(s) and will not apply if determined by the City to be in violation of any such law(s).

Section 6. Environmental Analysis. The City Council hereby finds that this ordinance is not subject to review under the California Environmental Quality Act (CEQA) pursuant to Sections 15060, subdivision (c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15061, subdivision (b)(3) (there is no possibility the activity in question may have a significant effect on the environment) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly.

Section 7. Effective Date. This ordinance shall take effect thirty (30) days after the day of its adoption.

Section 8. Publication. Within fifteen days of passage of this ordinance, the City Clerk shall cause the full text of the ordinance, with the names of those City Council members voting for and against the ordinance, to be published in the Placer Herald. In lieu of publishing the full text of the ordinance, the City Clerk, if so directed by the City Attorney and within fifteen days, shall cause a summary of the ordinance, prepared by the City Attorney and with the names of the City Council members voting for and against the ordinance, to be published in the Placer Herald, and shall post in the office of the City Clerk a certified copy of the City Council members 33 voting for and against the ordinance. The publication of a summary of the ordinance in lieu of the full text of the ordinance is authorized only where the requirements of Government Code section 36933(c)(1) are met.

INTRODUCED at a regular meeting of the City Council of the City of Rocklin held on September 12, 2023, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:
____________________________________
Ken Broadway, Mayor
ATTEST:
___________________________
Haley Reid, Acting City Clerk
First Reading: September 12, 2023
Second Reading:

Effective Date:
34 City Council
Staff Report

Subject:

On-Call Inspection Services Contracts
Date:

September 26, 2023
Submitted By:

Justin Nartker, Director of Public Services
Rick Lawrence, Public Services Manager
Department:

Public Services
Recommendation:

A
.

B
.

C
.

D
.

Background:

In October 2020, the City Council approved multiple contracts for On-Call Inspection Services.

These contracts provided additional support to staff by filling the voids due to fluctuations of private development activity, increasing roadway projects, as well as the specialty nature of the construction inspection industry. The current contracts expired in July 2023; however, the need for these services remains. Staff issued a Request for Proposal (RFP) for On-Call Construction Inspection Services to provide additional assistance to staff when necessary.

Staff recommends that the city enter into agreements with multiple Contractors that specialize in construction services for roadway and related construction that will provide inspection and construction management services on an on-call/project basis. City staff will continue to provide general construction oversight services and may elect to contract with a Contractor(s) to provide identified construction related services, ensuring compliance with all applicable laws, codes, and City Standards.

A Request for Proposal was advertised on June 29, 2023, and July 6, 2023, with the submittal Item Number 2D.

35 date of July 26, 2023. Nine (9) proposals were received from the following contractors:
• Mark Thomas & Company, Inc. (Sacramento, CA)
• UNICO Engineering (Folsom, CA)
• Ghirardelli Associates, Inc. (Folsom, CA)
• Blackburn Consulting (Auburn, CA)
• Coastland Civil Engineering, LLP (Auburn, CA)
• Alpha CM, Inc. (Folsom, CA)
• JLR Environmental Consultants (Sacramento, CA)
• Psomas (Roseville, CA)
• Kitchell CEM, Inc. (Sacramento, CA)

The Statement of Qualifications for each consultant was evaluated by City Staff with a maximum of 100 points using the following criteria:

Criteria
Points
Experience and qualifications
50 Understanding of Services
Proposed
25 Familiarity with City, State and
Federal Procedures
25 Staff recommends Contracts for Service be authorized with the top four (4) contractors (Mark Thomas & Company, Inc., UNICO Engineering Inc., Ghirardelli Associates, Inc., Blackburn Consulting) on a time and material basis.

Additionally, staff recommends authorizing the City
Manager the authority to extend the contract for two additional one-year terms, with a maximum not-to-exceed amount of $600,000 for the entire contract term. The initial year is from – from October 1, 2023, to September 30, 2024. The actual renewal agreement amount may vary, contingent upon the projected workload and available budget.

Entering into contracts with multiple firms will provide staff with flexibility and the ability to respond quickly to the City’s needs. Services will be issued on a task order basis, based on scope of services and estimated fees for specific services.

Human Resources Division staff has met and conferred with the Public Service Employees Bargaining Unit represented by AFSCME regarding the proposed use of on-call staff in accordance with the City of Rocklin Employee-Employer Resolution.

Fiscal Impact:

There is no additional fiscal impact for the initial year of the contract as the cost of supplies and services is included in the individual department’s budget and will be charged accordingly at the time of use. The future year's cost will be subject to budget availability.

ATTACHMENTS:

1. Resolution A - Mark Thomas & Company, Inc.

2. Resolution B - UNICO Engineering Inc.

3. Resolution C - Ghirardelli Associates, Inc

4. Resolution D - Blackburn Consulting
36 1733390.1 9959-001
RESOLUTION NO. 2023-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROCKLIN

AWARDING THE CONTRACT FOR ON-CALL INSPECTION SERVICES AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH MARK THOMAS & COMPANY, INC.

WHEREAS, the City has experienced fluctuations of private development activity related to the economy, as well as the specialty of the construction inspection industry which requires contractors that specialize in construction services for roadway and related construction on an on-call basis; and
WHEREAS, a request for proposal was advertised on June 29, 2023, and July 6, 2023, with the submittal date of July 26, 2023; and
WHEREAS, the City received nine (9) Statements of Qualifications which were evaluated and ranked with four (4) candidates ranked as highly qualified; and WHEREAS, staff recommends entering into agreements with the top four (4) candidates.

These agreements will be for twelve (12) months initially with the option to extend the contract for two (2) additional years, at the City’s discretion for a maximum not-to-exceed amount of $600,000 provided sufficient funds for services have been appropriated; and WHEREAS, no additional impact has been identified as these services are included with the project budget of new developments, maintenance and/or Capital Improvements that are approved by the City Council during the fiscal year budget process; and NOW, THEREFORE, the City Council of the City of Rocklin does resolve as follows:

Section 1. The contract for On-Call Inspection Services is awarded to Mark Thomas & Company, Inc.

Section 2. The City Manager is authorized to execute an Agreement in substantially the form attached hereto as Exhibit “A” for On-Call Inspection Services with Mark Thomas & Company, Inc.

Section 3. The City Manager is authorized to amend the contract for two additional one-year terms, with a maximum not-to-exceed amount of $600,000 for the entire term of the contract.
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PASSED AND ADOPTED this 26th day of September 2023, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:
____________________________________
Ken Broadway, Mayor
ATTEST:
____________________________
Haley Reid, Acting City Clerk
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EXHIBIT A

CONTRACT FOR SERVICES
THIS CONTRACT is made on September 26, 2023, by and between the CITY OF ROCKLIN a municipal corporation (“City”), and Mark Thomas & Co, Inc. “Contractor,” who mutually agree as follows:

1. SCOPE OF SERVICES
Subject to the terms and conditions set forth in this agreement, Contractor shall provide to the City the services described in the Scope of Work, Exhibit A. Contractor shall provide the services at the time, place and in the manner specified in Exhibits A and/or B. Contractor shall not be compensated for services outside the scope of Exhibit A unless prior to the commencement of the services: (a) Contractor notifies the City and City agrees the services are outside the scope of Exhibit A; (b) Contractor estimates the additional compensation required for these additional services; and (c) City after notice, approves in writing a supplemental agreement specifying the additional services and the amount of compensation therefore. City shall have no obligation whatsoever under this agreement or any supplemental agreement, unless and until the agreement or supplemental agreement is approved by the City Manager, the City Manager’s authorized designee, or by the Rocklin City Council, as required by the Rocklin Municipal Code or other local law or policy.

2. COMPENSATION
A. The City shall pay Contractor for the services rendered pursuant to this agreement at the times and in the manner set forth in the Scope of Services, Exhibit A, the Schedule for Performance, Exhibit B, and in accordance with the Schedule of Fees in Exhibit C, but in no event shall the total compensation exceed the total sum of Six Hundred Thousand Dollars $600,000.00 per contract period. The payments specified in Exhibits A and/or B shall be the only payments to be made to Contractor for the services rendered pursuant to this Agreement unless pursuant to Section 1, above, City approves additional compensation for additional services.

B. Contractor shall furnish City with invoices for all expenses as well as for all materials authorized by this Contract. The invoices shall be submitted with the monthly billings.

Reimbursable expenses shall be limited to actual expenditures of Contractor for expenses that are necessary for the proper completion of the services and shall only be payable if specifically authorized in advance by City.

C. Contractor shall submit all billings/invoices for services to City in the manner specified in Exhibit B. Contractor’s fees shall be as specified in the Scope of Work, Exhibit A or the Schedule of Fees as set forth in Exhibit C. All invoices submitted by Contractor shall contain the following information:
(1) Job/project name or description;
(2) City’s current purchase order and/or work order number (if applicable); 39 On Call Inspection Services
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(3) Contractor’s invoice number;
(4) Date of invoice issuance;
(5) Description of services billed under invoice, including the description of tasks performed and the corresponding rate charged for the completion of that task; (6) Amount of invoice, itemizing all authorized reimbursable expenses; and (7) Total billed to date under agreement.

D. City shall make payment to Contractor net 30 days from receipt of an acceptable invoice. If Contractor’s performance is not in conformity with the Scope of Work, Exhibit A, or the Schedule of Performance, Exhibit B, or the provisions set forth above, payments may be delayed or denied, unless the Contractor’s failure to perform is a documented result of the City’s failure to conform with the Schedule of Performance, or if the Schedule of Performance is extended pursuant to Section 4. City shall not be responsible for delays in payment to Contractor resulting from Contractor’s failure to comply with the invoice format described above, or as set forth in the Schedule of Performance.

E. During performance of the agreement and for a period of three (3) years after completing all services, Contractor shall maintain all accounting and financial records related to this Agreement, including but not limited to records of Contractor’s costs for all services performed under this agreement and records of Contractor’s reimbursable expenses, in accordance with generally accepted accounting practices, and shall keep and make the records available for inspection and audit by representatives of the City upon reasonable written notice.

F. Contractor shall pay when and as due, any and all taxes incurred as a result of Contractor’s compensation hereunder, including estimated taxes, and shall provide City with proof of payment upon request. Contractor hereby agrees to indemnify City for any claims, losses, costs, fees, liabilities, damages or injuries suffered by City arising out of Contractor’s breach of this section.

3. FACILITIES AND EQUIPMENT
Contractor shall at its sole cost and expense, furnish all facilities and equipment that may be required for Contractor to perform services pursuant to this agreement. City shall furnish to Contractor, only the facilities and equipment listed in Exhibit A (if any) according to any terms and conditions set forth in Exhibit A.

4. TERM OF CONTRACT
A. This agreement shall become effective on the date that it is approved by both parties, set forth on the first page of the agreement and shall continue in effect for one year from October 1, 2023 – September 30, 2024 with the option for the City to extend the contract for two additional one year terms unless sooner terminated as provided herein.

B. The services of Contractor are to commence upon execution of this Contract and shall be undertaken and completed in accordance with the Schedule of Performance attached hereto and incorporated herein by this reference as Exhibit B. 40 On Call Inspection Services
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5. SUSPENSION/TERMINATION:

B. This Contract may be terminated by either party, provided that the other party is given not less than thirty (30) calendar days’ written notice (delivered by certified mail, return receipt requested) of intent to terminate. If the agreement is terminated by the City:
i. Contractor shall immediately cease rendering services pursuant to this agreement;
ii. Contractor shall, not later than five days after such notice of termination, deliver to City copies of all information prepared pursuant to this agreement; iii. City shall pay Contractor the reasonable value of services rendered by Contractor prior to termination; provided however, City shall not in any manner be liable for lost profits that might have been made by Contractor had the agreement not been terminated or had Contractor completed the services required by this agreement. Contractor shall furnish to City such financial information as in the judgment of the City is necessary for City to determine the reasonable value of the services rendered by Contractor. The foregoing is cumulative and does not affect any right or remedy that city may have in law or equity.

C. Notwithstanding any provisions of this Contract, Contractor shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of this Contract by Contractor, and the City may withhold any payments due to Contractor until such time as the exact amount of damages, if any, due the City from Contractor is determined.

6. INDEPENDENT CONTRACTOR
Contractor enters into this Contract as an independent contractor and not as an employee or agent of the City. Contractor shall have no power or authority by this Contract to act on behalf of City in any capacity whatsoever as an agent, or to bind the City in any respect or to any obligations whatsoever. Nothing in this Contract shall be construed to be inconsistent with this relationship or status. All employees, agents, contractors or subcontractors hired or retained by the Contractor are employees, agents, contractors or subcontractors of the 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, agents, contractors or subcontractors, or any other person resulting from performance of this agreement.

7. AMENDMENTS, CHANGES OR MODIFICATIONS
Amendments, changes or modifications in the terms of this Contract may be made at any time by mutual written agreement between the parties hereto and shall be signed by the persons authorized to bind the parties hereto.
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8. EXTENSIONS OF TIME
Contractor may, for good cause, request extensions of time to perform the services required hereunder. Such extensions shall be authorized in advance by the City in writing and shall be incorporated in written amendments to this Contract or the attached Work Program in the manner provided in Section 7.

9. PROPERTY OF CITY
It is mutually agreed that all materials prepared by the Contractor under this Contract shall become the property of the City, and the Contractor shall have no property right therein whatsoever. Immediately upon termination, the City shall be entitled to, and the Contractor shall deliver to the City, all data, drawings, specifications, reports, estimates, summaries and other such materials as may have been prepared or accumulated to date by the Contractor in performing this Contract which is not Contractor’s privileged information, as defined by law, or Contractor’s personnel information, along with all other property belonging exclusively to the City which is in the Contractor’s possession.

10. COMPLIANCE WITH ALL LAWS:

Contractor shall keep itself fully informed of, shall observe and comply with, and shall cause any and all persons, firms or corporations employed by it or under its control to observe and comply with, all applicable laws, ordinances, and codes of federal, State and local governments, which in any manner affect those engaged or employed on the work described by this Contract or the materials used or which in any way affect the conduct of the work, and shall commit no trespass on any public or private property in performing any of the work authorized by this Contract.

For all leases and purchases of materials, equipment, supplies or other tangible personal property used to perform the agreement and shipped from outside California, the Contractor and any subcontractors leasing or purchasing such materials, equipment, supplies or other tangible personal property shall obtain a Use Tax Direct Payment Permit or Seller’s Permit from the California State Board of Equalization, in accordance with the applicable SBE criteria and requirements. This provision applies in all instances unless prohibited by the funding source for the agreement.

11. WARRANTIES AND RESPONSIBILITIES - CONTRACTOR
A. Contractor agrees and represents that it is qualified to properly provide the services set forth in Exhibit “A” in a manner which is consistent with the generally accepted standards of Contractor’s profession.

Contractor represents and warrants that Contractor shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this agreement, any licenses, permits and approvals that are legally required for Contractor to practice its profession or provide such services. If Contractor is an out of state corporation, Contractor further warrants and represents that it possesses a valid certification of qualification to transact business in the State of California issued by the California Secretary of State. 42 On Call Inspection Services
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C. Contractor shall perform all services required pursuant to this agreement in the manner and according to the standards currently observed by a competent practitioner of Contractor’s profession in California. Contractor shall devote such time and effort to the performance of services pursuant to this agreement as is necessary for the satisfactory and timely performance of Contractor’s obligations under this agreement. Neither party shall be considered in default of this agreement to the extent that party’s performance is prevented or delayed by any cause that is beyond the reasonable control of that party.

D. All products of whatsoever nature that Contractor delivers to City pursuant to this Agreement shall be prepared in a professional manner and conform to the standards of quality normally observed by a person currently practicing in Contractor’s profession, and shall be provided in accordance with any scope of services or schedule of performance specified in Exhibits A or B.

A. Contractor shall assign only competent personnel to perform services pursuant to this agreement. Contractor shall designate a project manager who at all times shall represent the Contractor before the City on all matters relating to this Contract. The project manager shall continue in such capacity unless and until he or she is removed at the request of the City, is no longer employed by Contractor, or is replaced with the written approval of the City, which approval shall not be unreasonably withheld. Contractor shall notify City in writing, of any other changes in Contractor’s staff assigned to perform the services required under this agreement, prior to any such performance. In the event the City desires the removal of any person assigned by Contractor to perform services pursuant to this agreement, because the City in its sole discretion, determines that such person is not performing in accordance with the standards required herein, Contractor shall remove such person immediately upon receiving notice from the City of the desire for the removal of such person.

F. Contractor agrees and represents that the work performed under this Contract shall be in accordance with applicable federal, State and local law.

G. Contractor shall provide corrective services without charge to the City for services which fail to meet the above professional and legal standards and which are reported to Contractor in writing within sixty (60) days of discovery. Should Contractor fail or refuse to perform promptly its obligations, the City may render or undertake performance thereof and the Contractor agrees it has satisfied itself by its own investigation and research regarding the conditions affecting the work to be done and labor and materials needed, and that its decision to execute this agreement is based on such independent investigation and research. Contractor shall be liable for any expenses thereby incurred.

12. SUBCONTRACTING
None of the services covered by this Contract shall be subcontracted without the prior written consent of the City, which will not be unreasonably withheld. Contractor shall be as fully responsible to the City for the negligent acts and omissions of its contractors and subcontractors, and of persons either directly or indirectly employed by them, as it is for the negligent acts and omissions of persons directly employed by Contractor.

13. ASSIGNABILITY
Contractor shall not assign or transfer any interest in this Contract whether by assignment or 43 On Call Inspection Services
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novation, without the prior written consent of the City. The City has a strong interest in the qualifications and capability of the persons and entities that will fulfill the obligations imposed on Contractor under this agreement. However, claims for money due or to become due Contractor from the City under this Contract may be assigned to a financial institution, or to a trustee in bankruptcy, without such approval. Notice of any assignment or transfer whether voluntary or involuntary shall be furnished promptly to the City.

14. INTEREST IN CONTRACT
Contractor covenants that neither it, nor any of its employees, agents, contractors, or subcontractors has any interest, nor shall they acquire any interest, direct or indirect, in the subject of the Contract, nor any other interest which would conflict in any manner or degree with the performance of its services hereunder. Contractor shall make all disclosures required by the City’s conflict of interest code in accordance with the category designated by the City, unless the City Manager determines in writing that Contractor’s duties are more limited in scope than is warranted by the category designated by the City code and that a narrower disclosure category should apply. Contractor also agrees to make disclosure in compliance with the City conflict of interest code if, at any time after the execution of this Contract, City determines and notifies Contractor in writing that Contractor’s duties under this Contract warrant greater disclosure by Contractor than was originally contemplated. Contractor shall make disclosures in the time, place and manner set forth in the conflict of interest code and as directed by the City.

15. MATERIALS CONFIDENTIAL
To the extent permitted by law, all of the materials prepared or assembled by Contractor pursuant to performance of this Contract are confidential and Contractor agrees that they shall not be made available to any individual or organization without the prior written approval of the City, except by court order.

16. LIABILITY OF CONTRACTOR-NEGLIGENCE
Contractor shall be responsible for performing the work under this Contract in a manner which is consistent with the generally-accepted standards of the Contractor’s profession and shall be liable for its own negligence and the negligent acts of its employees, agents, contractors and subcontractors. The City shall have no right of control over the manner in which the work is to be done but only as to its outcome, and shall not be charged with the responsibility of preventing risk to Contractor or its employees, agents, contractors or subcontractors.

17. INDEMNITY AND LITIGATION, COSTS
To the fullest extent permitted by law, Contractor shall hold harmless, defend at its own expense, and indemnify the City, its officers, officials, agents, employees and volunteers against any and all claims, damages, demands, liability, costs, losses and expenses, including without limitation court costs and reasonable attorneys’ fees, arising from all acts or omissions of Contractor, or its officers, agents or employees in rendering services under this Agreement; excluding however, such liability, claims, losses, damages or expenses arising from the City’s sole negligence, or willful acts. The provisions of this paragraph shall survive termination or suspension of this Contract. These Indemnification provisions are independent of and shall not in any way be limited by the Insurance requirements of this agreement. City approval of the Insurance required by this Agreement does not in any way relieve the Contractor from liability under this section.
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18. CONTRACTOR TO PROVIDE INSURANCE
Contractor agrees to have and maintain the policies set forth below, against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, or employees. All policies, endorsements, certificates, and/or binders shall be subject to approval by the City as to form and content. A lapse in any required insurance coverage during this Agreement shall be a breach of this Agreement.

A. Minimum Scope and limit of Insurance

1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.

2. Automobile Liability: Insurance Services Office Form Number CA 00 01 covering any auto (Code 1), or if Contractor has no owned autos, covering hired (Code 8) and non-owned autos (Code 9), with limit no less than $1,000,000 per accident for bodily injury and property damage.

3. Workers’ Compensationas required by the State of California, with Statutory Limits and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. If Contractor has no employees, Contractor must notify City if an employee is hired, verify proof of coverage for any subcontractors, and agrees to hold City harmless and defend City from claims arising from failure to provide workers’ compensation benefits.

4. Professional Liability (Errors and Omissions): Insurance appropriate to the Contractor’s profession, with limit no less than $2,000,000 per occurrence or claim, $2,000,000 aggregate. Professional liability coverage shall extend for at least five years after completion of the Contractor’s services under this Agreement.

If the Contractor maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.

B. OTHER INSURANCE PROVISIONS
The insurance policies are to contain, or be endorsed to contain, the following provisions:

1. Additional Insured Status . The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance 45 On Call Inspection Services
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(at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used).

2. Primary Coverage . For any claims related to this contract, the Contractor’s insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, or volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it.

3. Notice of Cancellation . Each insurance policy required above shall provide that coverage shall not be canceled, except with 30 days’ notice to the City, with ten days’ for notice of cancellation due to non-payment.

4. Waiver of Subrogation. Contractor hereby grants to City a waiver of any right to subrogation which any insurer of said Contractor may acquire against the City by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.

5. Self-Insured Retentions . Self-insured retentions must be declared to and approved by the City. The City may require the Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City.

6. Acceptability of Insurers . Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City.

7. Claims Made Policies . If any of the required policies for professional liability insurance provide claims-made coverage:
i. The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work.
ii. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.
iii. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Contractor must purchase “extended reporting” coverage for a minimum of five (5) years after completion of contract work.

8. Verification of Coverage . Contractor shall furnish the City with original Certificate of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to the 46 On Call Inspection Services
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City before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.

9. Subcontractors. Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors.

10. Special Risks or Circumstances . City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

19. GENERAL/MISCELLANEOUS PROVISIONS:

A. Contract Documents . This agreement and its exhibits shall be known as the “Contract Documents.” Terms set forth in any Contract Document shall be deemed to be incorporated in all Contract Documents as if set forth in full therein. In the event of conflict between terms contained in these Contract Documents, the more specific term shall control. If any portion of the Contract Documents shall be in conflict with any other portion, provisions contained in the Contract shall govern over conflicting provisions contained in the exhibits to the Contract. In the event of any conflict between the terms or conditions of this written agreement and any terms or conditions of any document prepared or provided by Contractor and made a part of this agreement, including without limitation any document relating to the scope of services or payment therefor, the written terms of this document shall control over those terms or conditions.

B. Non-Discrimination in Employment and Equal Employment Opportunity .

Contractor shall not engage in unlawful employment discrimination. Such unlawful employment discrimination includes, but is not limited to, employment discrimination based upon a person’s race, color, ancestry, national origin, religious creed, sex (including pregnancy, childbirth breastfeeding or related medical condition), sexual orientation, gender, gender identity, gender expression and age (over 40), disability (mental and physical), medical condition, marital status, citizenship, and military and veteran status.

C. Inspection of Records . Contractor shall maintain and make available for inspection by the City and its auditors accurate records of all of its costs, disbursements and receipts with respect to any work under this Contract. Such inspections may be made during regular office hours at any time until six (6) months after the final payments under this Contract are made to the Contractor.

D. Entire Agreement. This Contract constitutes the entire agreement between the parties relative to the services specified herein and supersedes whatever oral or written understanding they may have had prior to the execution of this agreement. No alteration or modification of this agreement shall be valid or effective unless and until such modification is evidenced by a writing signed by both parties to this Contract, by persons authorized to act on behalf of the parties. There are no understandings, agreements, conditions, representations, warranties or promises, with respect to this Contract, except those contained in or referred to in the writing.
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E. Severability. If any portion of this agreement or the application thereof to any person or circumstance shall be held invalid or unenforceable, the remainder of this agreement shall not be affected thereby and shall be enforced to the greatest extent permitted by law.

G. Notice. All notices that are required to be given by one party to the other under this Contract 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 certified mail addressed to the parties at the following addresses:

City: City of Rocklin
Attn: Public Services
4081 Alvis Court
Rocklin, CA 95677

City of Rocklin
Office of the City Attorney
3970 Rocklin Road
Rocklin, CA 95677

Contractor: Mark Thomas & Co, Inc.
701 University Ave., Ste 200
Sacramento, CA 95825

H. Enforcement of Agreement. This Contract shall be interpreted, governed and enforced in accordance with the laws of the State of California. Venue of any action arising out of this Contract shall be brought and maintained in Placer County California, regardless of where else venue may lie. The parties consent to jurisdiction over their persons and over the subject matter of any such litigation in such court, and consent to service of process issued by such courts.

I. Attorney’s Fees. In any action brought by either party to enforce the terms of this Contract, each party shall bear responsibility for its attorney’s fees and all costs regardless of whether one party is determined to be the prevailing party.

J. Power and Authority to Enter into Agreement . All parties to this Agreement warrant and represent that they have the power and authority to enter into this Agreement in the names, titles, and capacities herein stated and on behalf of any entities, persons, or firms represented or purported to be represented by such entity(ies), person(s), or firm(s) and that all formal requirements necessary or required by any state and/or federal law in order to enter into this Agreement have been fully complied with. Furthermore, by entering into this Agreement, Contractor hereby warrants that it shall not have breached the terms or conditions of any other contract or Agreement to which Contractor is obligated, which breach would have a material effect hereon.
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K. Counterparts; Electronic Signatures. This Agreement may be executed in two or more counterparts, each of which when so executed shall be deemed to be an original and all of which when taken together shall constitute one and the same instrument. The words “execution,” “signed,” “signature,” and words of like import in this Agreement or in any other certificate, agreement or document related to this Agreement, shall include digital electronic signatures (DocuSign). The use of digital electronic signatures and electronic records (including, without limitation, any contract or other record created, generated, sent, communicated, received, or stored by electronic means) shall be of the same legal effect, validity and enforceability as a manually executed signature or use of a paper-based record- keeping system to the fullest extent permitted by applicable law.

L. Exhibits. All exhibits referred to herein and attached hereto, are by this reference incorporated as if set forth fully herein.

CONTRACTOR
By: _________________________
Zachary Siviglia, CEO
By: _________________________
Robert M. Brogan, Secretary

CITY OF ROCKLIN
By: __________________________
Aly Zimmermann, City Manager
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ATTEST:

By: _______________________
Haley Reid, Acting City Clerk
APPROVED AS TO FORM:

By: _______________________
Daniel Cucchi, Interim City Attorney
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EXHIBIT A
Contractor Proposal/Scope of Work
The Scope of Services is as follows:

SCOPE OF SERVICES
The scope of work subject to this RFP involves construction management and inspection services as requested by the City. The services provided will be for a variety of project types including but not limited to new and existing infrastructure, private and public development subdivisions, roadways, capital improvement projects. The services will be on an on-call, as-needed basis. The work assigned will vary; there is no commitment by the City to assign any particular amount of work or number of projects to the Contractor.

The City, at the discretion of the City Engineer and/or Director of Public Services, may request additional proposals from other Contractors for any projects undertaken by the City.

Contractor will ensure that for each project assignment, Contractor’s employees are familiar with the project, have adequate knowledge, skills, abilities, and qualifications including licenses, if applicable, to perform the inspection services, and ensure Contractor’s staff participates in the project close out. In addition to the typical inspection duties, the Contractor will provide inspection services, with a focus on the following briefly described tasks:
 Provide construction management services
 Monitoring traffic control and pedestrian safety
 Monitoring quality of workmanship
 Material quantity measurement
 Monitoring of dust and tracking
 Avoiding disturbing residents that live adjacent to the project  Review progress payments
 Respond to RFI and coordinate processing as needed
 Assist with payroll certification as requested
 Coordinate with City staff on construction related issues, as needed  Coordinate as needed with SPMUD, PCWA and other utility inspectors  Coordinate with the contractor for geotechnical, structural, electrical Contractor/inspectors
 Other duties that may arise not identified above
Deliverable: Daily Inspection Reports via Virtual Project Manager (Virtual-PM.COM) Contractor shall assign a Project Manager to supervise and oversee the provision of services to the City of Rocklin. Contractor will determine the manner and means of accomplishing the work, in accordance with all applicable local, state, and federal laws.

Contractor will direct and control the work of its staff assigned to provide inspection services to the City. Contractor will set the work hours, work schedules, and compensation for its staff. Contractor will provide the facilities, supplies, and equipment for the performance of the work. No single employee of Contractor will be assigned to work more 51 On Call Inspection Services
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than 960 hours in a fiscal year on projects for the City of Rocklin. Contractor shall utilize the Virtual Project Management (VPM) web application and provide inspection reports to the City on the same day inspection was performed, or the morning of the following business day.

Inspection Services will be assigned on an as-needed basis. The City may assign work to one or more Contractors, depending on the type of work required, estimated dollar value of the task/contract, experience and expertise required for the work, Contractor's current workload, ability to respond, or other criteria as applicable. The City reserves the right to unilaterally assign work to any Contractor(s). The City makes no specific guarantee of a minimum or maximum number of hours or amount of tasks or services, which shall be required of any single Contractor. In addition, the inclusion of any Contractor on any Qualified List, if so utilized by the City, shall not be considered an exclusive agreement to provide service for the City.

Professional services for construction inspection services shall be in accordance with the latest version of the City's Design & Construction Standards, and State of California Department of Transportation Standard Specifications.

The Contractor will be compensated on an hourly basis per a predetermined hourly rate.

The Contractor shall submit monthly invoices. Invoices shall be specific to each project and shall include the project name, Citywide Project Number, work order number, date of service, type of service rendered, Contractor, position of Contractor’s employee performing the task, test rate, and hourly rate in increments of one-tenth hours. The City will pay invoices within thirty (30) days after receipt, if the work invoiced has been satisfactorily completed.
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EXHIBIT B
Schedule of Performance
The initial contract will be for a term of one (1) year from the date of award. The City may renew the contract for up to two (2) additional years, one year at a time, at its sole discretion.

EXHIBIT C
Schedule of Fees
The total compensation shall not exceed Six Hundred Thousand Dollars $600,000.00 provided sufficient funds for services have been appropriated.

Sixty days prior to the expiration date of the current contract, the City may re-negotiate out-year pricing (increases and/or decreases) based on market fluctuations.

If the term of the contract is extended beyond the initial one-year term, any requests made by the Contractor for a price increase must be fully documented utilizing an appropriate Consumer or Producer Price Index or other relevant market data to justify a price change, not to exceed 4%. In its request for price increases Contractor shall cite sources, specific conditions, and document how those conditions affect the cost.

EXHIBIT D
CERTIFICATE OF COMPLIANCE WITH LABOR CODE § 3700
[Labor Code § 1861]
I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.

CONTRACTORS
By:

Zachary Siviglia, CEO
56 1733390.1 9959-001
RESOLUTION NO. 2023-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROCKLIN

AWARDING THE CONTRACT FOR ON-CALL INSPECTION SERVICES AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH UNICO ENGINEERING INC.

Section 1. The contract for On-Call Inspection Services is awarded to UNICO Engineering Inc.

Section 2. The City Manager is authorized to execute an Agreement in substantially the form attached hereto as Exhibit “A” for On-Call Inspection Services with UNICO Engineering Inc.

Section 3. The City Manager is authorized to amend the contract for two additional one-year terms, with a maximum not-to-exceed amount of $600,000 for the entire term of the contract.
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PASSED AND ADOPTED this 26th day of September 2023, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:
____________________________________
Ken Broadway, Mayor
ATTEST:
____________________________
Haley Reid, Acting City Clerk
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EXHIBIT A

CONTRACT FOR SERVICES
THIS CONTRACT is made on September 26, 2023, by and between the CITY OF ROCKLIN a municipal corporation (“City”), and UNICO Engineering Inc. “Contractor,” who mutually agree as follows:

B. Contractor shall furnish City with invoices for all expenses as well as for all materials authorized by this Contract. The invoices shall be submitted with the monthly billings.

Reimbursable expenses shall be limited to actual expenditures of Contractor for expenses that are necessary for the proper c
ompletion of the services and shall only be payable if specifically authorized in advance by City.

C. Contractor shall submit all billings/invoices for services to City in the manner specified in Exhibit B. Contractor’s fees shall be as specified in the Scope of Work, Exhibit A or the Schedule of Fees as set forth in Exhibit C. All invoices submitted by Contractor shall contain the following information:
(1) Job/project name or description;
(2) City’s current purchase order and/or work order number (if applicable); (3) Contractor’s invoice number;
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(4) Date of invoice issuance;
(5) Description of services billed under invoice, including the description of tasks performed and the corresponding rate charged for the completion of that task; (6) Amount of invoice, itemizing all authorized reimbursable expenses; and (7) Total billed to date under agreement.

5. SUSPENSION/TERMINATION:

A. City shall have the right at any time to temporarily suspend Contractor’s performance hereunder, in whole or in part, by giving written notice of suspension to Contractor. If City gives such notice, Contractor shall immediately suspend its activities under this agreement. 60 On Call Inspection Services
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B. This Contract may be terminated by either party, provided that the other party is given not less than thirty (30) calendar days’ written notice (delivered by certified mail, return receipt requested) of intent to terminate. If the agreement is terminated by the City:
i. Contractor shall immediately cease rendering services pursuant to this agreement;
ii. Contractor shall, not later than five days after such notice of termination, deliver to City copies of all information prepared pursuant to this agreement; iii. City shall pay Contractor the reasonable value of services rendered by Contractor prior to termination; provided however, City shall not in any manner be liable for lost profits that might have been made by Contractor had the agreement not been terminated or had Contractor completed the services required by this agreement. Contractor shall furnish to City such financial information as in the judgment of the City is necessary for City to determine the reasonable value of the services rendered by Contractor. The foregoing is cumulative and does not affect any right or remedy that city may have in law or equity.

10. COMPLIANCE WITH ALL LAWS:

C. Contractor shall perform all services required pursuant to this agreement in the manner and according to the standards currently observed by a competent practitioner of Contractor’s profession in California. Contractor shall devote such time and effort to the performance of services pursuant to this agreement as is necessary for the satisfactory and timely performance of Contractor’s obligations under this agreement. Neither party shall be 62 On Call Inspection Services
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considered in default of this agreement to the extent that party’s performance is prevented or delayed by any cause that is beyond the reasonable control of that party.

F. Contractor agrees and represents that the work performed under this Contract shall be in accordance with applicable federal, State and local law.

13. ASSIGNABILITY
Contractor shall not assign or transfer any interest in this Contract whether by assignment or novation, without the prior written consent of the City. The City has a strong interest in the qualifications and capability of the persons and entities that will fulfill the obligations imposed on Contractor under this agreement. However, claims for money due or to become due Contractor from the City under this Contract may be assigned to a financial institution, or to a trustee in bankruptcy, without such approval. Notice of any assignment or transfer whether voluntary or involuntary shall be furnished promptly to the City.
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18. CONTRACTOR TO PROVIDE INSURANCE
Contractor agrees to have and maintain the policies set forth below, against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, or employees. All policies, 64 On Call Inspection Services
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endorsements, certificates, and/or binders shall be subject to approval by the City as to form and content. A lapse in any required insurance coverage during this Agreement shall be a breach of this Agreement.

A. Minimum Scope and limit of Insurance

B. OTHER INSURANCE PROVISIONS
The insurance policies are to contain, or be endorsed to contain, the following provisions:

1. Additional Insured Status . The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used).

8. Verification of Coverage . Contractor shall furnish the City with original Certificate of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to the City before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.

19. GENERAL/MISCELLANEOUS PROVISIONS:

B. Non-Discrimination in Employment and Equal Employment Opportunity .

E. Severability. If any portion of this agreement or the application thereof to any person or circumstance shall be held invalid or unenforceable, the remainder of this agreement shall not be affected thereby and shall be enforced to the greatest extent permitted by law.

F. Waiver. Neither City’s acceptance of, or payment for, any service performed by Contractor, nor any waiver by either party of any default, breach, or condition precedent, shall be construed as a waiver of any provision of this agreement, nor as a waiver of any other default, breach or condition precedent or any other right hereunder. 67 On Call Inspection Services
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G. Notice. All notices that are required to be given by one party to the other under this Contract 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 certified mail addressed to the parties at the following addresses:

City: City of Rocklin
Attn: Public Services
4081 Alvis Court
Rocklin, CA 95677

City of Rocklin
Office of the City Attorney
3970 Rocklin Road
Rocklin, CA 95677

Contractor: UNICO Engineering Inc.
110 Blue Ravine Road, Suite 101
Folsom, CA 95630

K. Counterparts; Electronic Signatures. This Agreement may be executed in two or more counterparts, each of which when so executed shall be deemed to be an original and all of which when taken together shall constitute one and the same instrument. The words “execution,” “signed,” “signature,” and words of like import in this Agreement or in any other certificate, agreement or document related to this Agreement, shall include digital electronic signatures (DocuSign). The use of digital electronic signatures and electronic records (including, without limitation, any contract or other record created, generated, sent, communicated, received, or stored by electronic means) shall be of the same legal effect, 68 On Call Inspection Services
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validity and enforceability as a manually executed signature or use of a paper-based record- keeping system to the fullest extent permitted by applicable law.

L. Exhibits. All exhibits referred to herein and attached hereto, are by this reference incorporated as if set forth fully herein.

CONTRACTOR
By: _________________________
Cesar Montes de Oca, CEO/CFO

CITY OF ROCKLIN
By: __________________________
Aly Zimmermann, City Manager
ATTEST:

By: _______________________
Haley Reid, Acting City Clerk
APPROVED AS TO FORM:

By: _______________________
Daniel Cucchi, Interim City Attorney
69 1733390.1 9959-001

EXHIBIT A
Contractor Proposal/Scope of Work
The Scope of Services is as follows:

The City, at the discretion of the City Engineer and/or Director of Public Services, may request additional proposals from other Contractors for any projects undertaken by the City.

Contractor will direct and control the work of its staff assigned to provide inspection services to the City. Contractor will set the work hours, work schedules, and compensation for its staff. Contractor will provide the facilities, supplies, and equipment for the performance of the work. No single employee of Contractor will be assigned to work more 70 On Call Inspection Services
UNICO Engineering Inc.
1733390.1 9959-001 2
than 960 hours in a fiscal year on projects for the City of Rocklin. Contractor shall utilize the Virtual Project Management (VPM) web application and provide inspection reports to the City on the same day inspection was performed, or the morning of the following business day.

The Contractor will be compensated on an hourly basis per a predetermined hourly rate.

The Contractor shall submit monthly invoices. Invoices shall be specific to each project and shall include the project name, Citywide Project Number, work order number, date of service, type of service rendered, Contractor, position of Contractor’s employee performing the task, test rate, and hourly rate in increments of one-tenth hours. The City will pay invoices within thirty (30) days after receipt, if the work invoiced has been satisfactorily completed.
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EXHIBIT C
Schedule of Fees
The total compensation shall not exceed Six Hundred Thousand Dollars $600,000.00 provided sufficient funds for services have been appropriated.

Sixty days prior to the expiration date of the current contract, the City may re-negotiate out-year pricing (increases and/or decreases) based on market fluctuations.

CONTRACTORS
By:

Oscar Montes de Oca, CEO
74 1733390.1 9959-001
RESOLUTION NO. 2023-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROCKLIN

AWARDING THE CONTRACT FOR ON-CALL INSPECTION SERVICES AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH GHIRARDELLI ASSOCIATES, INC.

Section 1. The contract for On-Call Inspection Services is awarded to Ghirardelli Associates, Inc.

Section 2. The City Manager is authorized to execute an Agreement in substantially the form attached hereto as Exhibit “A” for On-Call Inspection Services with Ghirardelli Associates, Inc.

Section 3. The City Manager is authorized to amend the contract for two additional one-year terms, with a maximum not-to-exceed amount of $600,000 for the entire term of the contract.
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PASSED AND ADOPTED this 26th day of September 2023, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:
____________________________________
Ken Broadway, Mayor
ATTEST:
____________________________
Haley Reid, Acting City Clerk
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EXHIBIT A

CONTRACT FOR SERVICES
THIS CONTRACT is made on September 26, 2023, by and between the CITY OF ROCKLIN a municipal corporation (“City”), and Ghirardelli Associates, Inc. “Contractor,” who mutually agree as follows:

B. Contractor shall furnish City with invoices for all expenses as well as for all materials authorized by this Contract. The invoices shall be submitted with the monthly billings.

C. Contractor shall submit all billings/invoices for services to City in the manner specified in Exhibit B. Contractor’s fees shall be as specified in the Scope of Work, Exhibit A or the Schedule of Fees as set forth in Exhibit C. All invoices submitted by Contractor shall contain the following information:
(1) Job/project name or description;
(2) City’s current purchase order and/or work order number (if applicable); (3) Contractor’s invoice number;
(4) Date of invoice issuance;
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(5) Description of services billed under invoice, including the description of tasks performed and the corresponding rate charged for the completion of that task; (6) Amount of invoice, itemizing all authorized reimbursable expenses; and (7) Total billed to date under agreement.

5. SUSPENSION/TERMINATION:

A. City shall have the right at any time to temporarily suspend Contractor’s performance hereunder, in whole or in part, by giving written notice of suspension to Contractor. If City gives such notice, Contractor shall immediately suspend its activities under this agreement. 78 On Call Inspection Services
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B. This Contract may be terminated by either party, provided that the other party is given not less than thirty (30) calendar days’ written notice (delivered by certified mail, return receipt requested) of intent to terminate. If the agreement is terminated by the City:
i. Contractor shall immediately cease rendering services pursuant to this agreement;
ii. Contractor shall, not later than five days after such notice of termination, deliver to City copies of all information prepared pursuant to this agreement; iii. City shall pay Contractor the reasonable value of services rendered by Contractor prior to termination; provided however, City shall not in any manner be liable for lost profits that might have been made by Contractor had the agreement not been terminated or had Contractor completed the services required by this agreement. Contractor shall furnish to City such financial information as in the judgment of the City is necessary for City to determine the reasonable value of the services rendered by Contractor. The foregoing is cumulative and does not affect any right or remedy that city may have in law or equity.

10. COMPLIANCE WITH ALL LAWS:

C. Contractor shall perform all services required pursuant to this agreement in the manner and according to the standards currently observed by a competent practitioner of Contractor’s profession in California. Contractor shall devote such time and effort to the performance of services pursuant to this agreement as is necessary for the satisfactory and timely performance of Contractor’s obligations under this agreement. Neither party shall be 80 On Call Inspection Services
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considered in default of this agreement to the extent that party’s performance is prevented or delayed by any cause that is beyond the reasonable control of that party.

F. Contractor agrees and represents that the work performed under this Contract shall be in accordance with applicable federal, State and local law.

13. ASSIGNABILITY
Contractor shall not assign or transfer any interest in this Contract whether by assignment or novation, without the prior written consent of the City. The City has a strong interest in the qualifications and capability of the persons and entities that will fulfill the obligations imposed on Contractor under this agreement. However, claims for money due or to become due Contractor from the City under this Contract may be assigned to a financial institution, or to a trustee in bankruptcy, without such approval. Notice of any assignment or transfer whether voluntary or involuntary shall be furnished promptly to the City.
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18. CONTRACTOR TO PROVIDE INSURANCE
Contractor agrees to have and maintain the policies set forth below, against claims for injuries to persons or damages to property which may arise from or in connection with the performance of 82 On Call Inspection Services
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the work hereunder by the Contractor, its agents, representatives, or employees. All policies, endorsements, certificates, and/or binders shall be subject to approval by the City as to form and content. A lapse in any required insurance coverage during this Agreement shall be a breach of this Agreement.

A. Minimum Scope and limit of Insurance

B. OTHER INSURANCE PROVISIONS
The insurance policies are to contain, or be endorsed to contain, the following provisions:

1. Additional Insured Status . The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used).

2. Primary Coverage . For any claims related to this contract, the Contractor’s insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, or volunteers. Any 83 On Call Inspection Services
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insurance or self-insurance maintained by the City, its officers, officials, employees or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it.

8. Verification of Coverage . Contractor shall furnish the City with original Certificate of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to the City before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. 84 On Call Inspection Services
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19. GENERAL/MISCELLANEOUS PROVISIONS:

B. Non-Discrimination in Employment and Equal Employment Opportunity .

F. Waiver. Neither City’s acceptance of, or payment for, any service performed by Contractor, nor any waiver by either party of any default, breach, or condition precedent, shall 85 On Call Inspection Services
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be construed as a waiver of any provision of this agreement, nor as a waiver of any other default, breach or condition precedent or any other right hereunder.

City: City of Rocklin
Attn: Public Services
4081 Alvis Court
Rocklin, CA 95677

City of Rocklin
Office of the City Attorney
3970 Rocklin Road
Rocklin, CA 95677

Contractor: Ghirardelli Associates, Inc.
110 Blue Ravine Road, Suite 150
Folsom, CA 95630

K. Counterparts; Electronic Signatures. This Agreement may be executed in two or more counterparts, each of which when so executed shall be deemed to be an original and all of which when taken together shall constitute one and the same instrument. The words “execution,” “signed,” “signature,” and words of like import in this Agreement or in any other certificate, agreement or document related to this Agreement, shall include digital electronic 86 On Call Inspection Services
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1733390.1 9959-001 13
signatures (DocuSign). The use of digital electronic signatures and electronic records (including, without limitation, any contract or other record created, generated, sent, communicated, received, or stored by electronic means) shall be of the same legal effect, validity and enforceability as a manually executed signature or use of a paper-based record- keeping system to the fullest extent permitted by applicable law.

L. Exhibits. All exhibits referred to herein and attached hereto, are by this reference incorporated as if set forth fully herein.

CONTRACTOR
By: _________________________
Randall Bruner, CEO
By: _________________________
Raewyn Lelo-Butcher, Secretary

CITY OF ROCKLIN
By: __________________________
Aly Zimmermann, City Manager
ATTEST:

By: _______________________
Haley Reid, Acting City Clerk
APPROVED AS TO FORM:

By: _______________________
Daniel Cucchi, Interim City Attorney
87 1733390.1 9959-001

EXHIBIT A
Contractor Proposal/Scope of Work
The Scope of Services is as follows:

The City, at the discretion of the City Engineer and/or Director of Public Services, may request additional proposals from other Contractors for any projects undertaken by the City.

Contractor will direct and control the work of its staff assigned to provide inspection services to the City. Contractor will set the work hours, work schedules, and compensation for its staff. Contractor will provide the facilities, supplies, and equipment for the performance of the work. No single employee of Contractor will be assigned to work more 88 On Call Inspection Services
Ghirardelli Associates, Inc..
1733390.1 9959-001 2
than 960 hours in a fiscal year on projects for the City of Rocklin. Contractor shall utilize the Virtual Project Management (VPM) web application and provide inspection reports to the City on the same day inspection was performed, or the morning of the following business day.

The Contractor will be compensated on an hourly basis per a predetermined hourly rate.

The Contractor shall submit monthly invoices. Invoices shall be specific to each project and shall include the project name, Citywide Project Number, work order number, date of service, type of service rendered, Contractor, position of Contractor’s employee performing the task, test rate, and hourly rate in increments of one-tenth hours. The City will pay invoices within thirty (30) days after receipt, if the work invoiced has been satisfactorily completed.
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EXHIBIT C
Schedule of Fees
The total compensation shall not exceed Six Hundred Thousand Dollars $600,000.00 provided sufficient funds for services have been appropriated.

Sixty days prior to the expiration date of the current contract, the City may re-negotiate out-year pricing (increases and/or decreases) based on market fluctuations.

Price adjustments will not be automatic. They must be mutually agreed upon by both the City and the Contractor. The City will review the proposed pricing and determine if it is allowable, fair, reasonable, and in the best interest of the City to extend the agreement. 91 On Call Inspection Services
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98 1733390.1 9959-001

CONTRACTORS
By:

Randall Bruner, CEO
99 RESOLUTION NO. 2023-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROCKLIN

AWARDING THE CONTRACT FOR ON-CALL INSPECTION SERVICES AND AUTHORIZING THE CITY

MANAGER TO EXECUTE AN AGREEMENT WITH BLACKBURN CONSULTING WHEREAS, the City has experienced fluctuations of private development activity related to the economy, as well as the specialty of the construction inspection industry which requires contractors that specialize in construction services for roadway and related construction on an on-call basis; and
WHEREAS, a request for proposal was advertised on June 29, 2023, and July 6, 2023, with the submittal date of July 26, 2023; and
WHEREAS, the City received nine (9) Statements of Qualifications which were evaluated and ranked with four (4) candidates ranked as highly qualified; and WHEREAS, staff recommends entering into an agreement with the top four (4) candidates. These agreements will be for twelve (12) months initially with the option to extend the contract for two (2) additional years, at the City’s discretion for a maximum not-to-exceed amount of $600,000 provided sufficient funds for services have been appropriated; and WHEREAS, no additional impact has been identified as these services are included with the project budget of new developments, maintenance and/or Capital Improvements that are approved by the City Council during the fiscal year budget process; and NOW, THEREFORE, the City Council of the City of Rocklin does resolve as follows:

Section 1. The contract for On-Call Inspection Services is awarded to Blackburn Consulting.

Section 2. The City Manager is authorized to execute an Agreement in substantially the form attached hereto as Exhibit “A” for On-Call Inspection Services with Blackburn Consulting.

Section 3. The City Manager is authorized to amend the contract for two additional one-year terms, with a maximum not-to-exceed amount of $600,000 for the entire term of the contract.
100
PASSED AND ADOPTED this 26th day of September 2023, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:
____________________________________
Ken Broadway, Mayor
ATTEST:
____________________________
Haley Reid, Acting City Clerk
101

EXHIBIT A

CONTRACT FOR SERVICES
THIS CONTRACT is made on September 26, 2023, by and between the CITY OF ROCKLIN a municipal corporation (“City”), and Blackburn Consulting “Contractor,” who mutually agree as follows:

2. COMPENSATION
A. The City shall pay Contractor for the services rendered pursuant to this agreement at the times and in the manner set forth in the Scope of Services, Exhibit A, the Schedule for Performance, Exhibit B, and in accordance with the Schedule of Fees in Exhibit C, but in no event shall the total compensation exceed the total sum of Six Hundred Thousand Dollars $600,000.00. The payments specified in Exhibits A and/or B shall be the only payments to be made to Contractor for the services rendered pursuant to this Agreement unless pursuant to Section 1, above, City approves additional compensation for additional services.

B. Contractor shall furnish City with invoices for all expenses as well as for all materials authorized by this Contract. The invoices shall be submitted with the monthly billings.

C. Contractor shall submit all billings/invoices for services to City in the manner specified in Exhibit B. Contractor’s fees shall be as specified in the Scope of Work, Exhibit A or the Schedule of Fees as set forth in Exhibit C. All invoices submitted by Contractor shall contain the following information:
(1) Job/project name or description;
(2) City’s current purchase order and/or work order number (if applicable); (3) Contractor’s invoice number;
(4) Date of invoice issuance;
102
(5) Description of services billed under invoice, including the description of tasks performed and the corresponding rate charged for the completion of that task; (6) Amount of invoice, itemizing all authorized reimbursable expenses; and (7) Total billed to date under agreement.

5. SUSPENSION/TERMINATION:

A. City shall have the right at any time to temporarily suspend Contractor’s performance hereunder, in whole or in part, by giving written notice of suspension to Contractor. If City gives such notice, Contractor shall immediately suspend its activities under this agreement. 103
B. This Contract may be terminated by either party, provided that the other party is given not less than thirty (30) calendar days’ written notice (delivered by certified mail, return receipt requested) of intent to terminate. If the agreement is terminated by the City:
i. Contractor shall immediately cease rendering services pursuant to this agreement;
ii. Contractor shall, not later than five days after such notice of termination, deliver to City copies of all information prepared pursuant to this agreement; iii. City shall pay Contractor the reasonable value of services rendered by Contractor prior to termination; provided however, City shall not in any manner be liable for lost profits that might have been made by Contractor had the agreement not been terminated or had Contractor completed the services required by this agreement. Contractor shall furnish to City such financial information as in the judgment of the City is necessary for City to determine the reasonable value of the services rendered by Contractor. The foregoing is cumulative and does not affect any right or remedy that city may have in law or equity.

10. COMPLIANCE WITH ALL LAWS:

C. Contractor shall perform all services required pursuant to this agreement in the manner and according to the standards currently observed by a competent practitioner of Contractor’s profession in California. Contractor shall devote such time and effort to the performance of services pursuant to this agreement as is necessary for the satisfactory and timely performance of Contractor’s obligations under this agreement. Neither party shall be 105
considered in default of this agreement to the extent that party’s performance is prevented or delayed by any cause that is beyond the reasonable control of that party.

E. Contractor shall assign only competent personnel to perform services pursuant to this agreement. Contractor shall designate a project manager who at all times shall represent the Contractor before the City on all matters relating to this Contract. The project manager shall continue in such capacity unless and until he or she is removed at the request of the City, is no longer employed by Contractor, or is replaced with the written approval of the City, which approval shall not be unreasonably withheld. Contractor shall notify City in writing, of any other changes in Contractor’s staff assigned to perform the services required under this agreement, prior to any such performance. In the event the City desires the removal of any person assigned by Contractor to perform services pursuant to this agreement, because the City in its sole discretion, determines that such person is not performing in accordance with the standards required herein, Contractor shall remove such person immediately upon receiving notice from the City of the desire for the removal of such person.

F. Contractor agrees and represents that the work performed under this Contract shall be in accordance with applicable federal, State and local law.

7. Contractor shall provide corrective services without charge to the City for services which fail to meet the above professional and legal standards and which are reported to Contractor in writing within sixty (60) days of discovery. Should Contractor fail or refuse to perform promptly its obligations, the City may render or undertake performance thereof and the Contractor agrees it has satisfied itself by its own investigation and research regarding the conditions affecting the work to be done and labor and materials needed, and that its decision to execute this agreement is based on such independent investigation and research. Contractor shall be liable for any expenses thereby incurred.

18. CONTRACTOR TO PROVIDE INSURANCE
Contractor agrees to have and maintain the policies set forth below, against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, or employees. All policies, 107
endorsements, certificates, and/or binders shall be subject to approval by the City as to form and content. A lapse in any required insurance coverage during this Agreement shall be a breach of this Agreement.

A. Minimum Scope and limit of Insurance

B. OTHER INSURANCE PROVISIONS
The insurance policies are to contain, or be endorsed to contain, the following provisions:

1. Additional Insured Status . The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used).

8. Verification of Coverage . Contractor shall furnish the City with original Certificate of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to the City before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.

19. GENERAL/MISCELLANEOUS PROVISIONS:

B. Non-Discrimination in Employment and Equal Employment Opportunity .

F. Waiver. Neither City’s acceptance of, or payment for, any service performed by Contractor, nor any waiver by either party of any default, breach, or condition precedent, shall be construed as a waiver of any provision of this agreement, nor as a waiver of any other default, breach or condition precedent or any other right hereunder. 110
G. Notice. All notices that are required to be given by one party to the other under this Contract 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 certified mail addressed to the parties at the following addresses:

City: City of Rocklin
Attn: Public Services
4081 Alvis Court
Rocklin, CA 95677

City of Rocklin
Office of the City Attorney
3970 Rocklin Road
Rocklin, CA 95677

Contractor: Blackburn Consulting
11521 Blocker Drive, Ste 110
Auburn, CA 95603

K. Counterparts; Electronic Signatures. This Agreement may be executed in two or more counterparts, each of which when so executed shall be deemed to be an original and all of which when taken together shall constitute one and the same instrument. The words “execution,” “signed,” “signature,” and words of like import in this Agreement or in any other certificate, agreement or document related to this Agreement, shall include digital electronic signatures (DocuSign). The use of digital electronic signatures and electronic records (including, without limitation, any contract or other record created, generated, sent, communicated, received, or stored by electronic means) shall be of the same legal effect, validity and 111
enforceability as a manually executed signature or use of a paper-based record-keeping system to the fullest extent permitted by applicable law.

L. Exhibits. All exhibits referred to herein and attached hereto, are by this reference incorporated as if set forth fully herein.

CONTRACTOR
By: _________________________
Thomas Blackburn, CEO
By: _________________________
Donald Blackburn, Secretary

CITY OF ROCKLIN
By: __________________________
Aly Zimmermann, City Manager
ATTEST:

By: _______________________
Haley Reid, Acting City Clerk
APPROVED AS TO FORM:

By: _______________________
Daniel Cucchi, Interim City Attorney
112

EXHIBIT A
Contractor Proposal/Scope of Work
The Scope of Services is as follows:

The City, at the discretion of the City Engineer and/or Director of Public Services, may request additional proposals from other Contractors for any projects undertaken by the City.

Contractor will direct and control the work of its staff assigned to provide inspection services to the City. Contractor will set the work hours, work schedules, and compensation for its staff. Contractor will provide the facilities, supplies, and equipment for the performance of the work. No single employee of Contractor will be assigned to work more 113
than 960 hours in a fiscal year on projects for the City of Rocklin. Contractor shall utilize the Virtual Project Management (VPM) web application and provide inspection reports to the City on the same day inspection was performed, or the morning of the following business day.

The Contractor will be compensated on an hourly basis per a predetermined hourly rate.

EXHIBIT C
Schedule of Fees
The total compensation shall not exceed Six Hundred Thousand Dollars $600,000.00 provided sufficient funds for services have been appropriated.

Sixty days prior to the expiration date of the current contract, the City may re-negotiate out-year pricing (increases and/or decreases) based on market fluctuations.

CONTRACTORS
By:

Thomas Blackburn, CEO
120
City Council
Staff Report

Subject:

Council Chambers Reconfiguration Notice of Completion
Date:

September 26, 2023
Submitted By:

Justin Nartker, Public Services Director
Matt McClure, Public Services Manager
Department:

Public Services
Recommendation:

Background:

On June 13, 2023, the City Council adopted Resolution No. 2023-79, the Council Chambers Reconfiguration project. This project was included in both the 2023-2027 Capital Improvement Plan and Fiscal Year 2022/23 Operating Budget. This project consists of the removal/replacement of the staff desk area, floor finishes, stairs on one side of dais, and public chairs.

The City Council awarded the contract to Building Concepts Construction in the amount of $74,900 with a 15% contingency ($11,235).

One change order was issued which increased the project amount by $10,927, for a total project amount of $85,827 and the project was completed on August 7, 2023. Staff recommends the City Council accept the public work known as the Council Chambers Reconfiguration, accept the Notice of Completion, and Authorize and Direct the Execution and Recordation of the Notice of Completion on behalf of the City.

Fiscal Impact:

There is no direct fiscal impact associated with the staff recommendation.

Item Number 2E.

ATTACHMENTS:

1. Resolution
121
RESOLUTION NO. 2023-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROCKLIN

ACCEPTING THE PUBLIC WORK KNOWN AS THE COUNCIL CHAMBERS RECONFIGURATION,

APPROVING THE NOTICE OF COMPLETION THEREOF, AND AUTHORIZING AND DIRECTING THE

EXECUTION AND RECORDATION OF SAID NOTICE ON BEHALF OF THE CITY (Building Concepts Construction)
WHEREAS, on June 13, 2023, the City Council of the City of Rocklin adopted Resolution No. 2023-79 awarding the contract for the Council Chambers Reconfiguration to Building Concepts Construction in the amount of $74,900; and
WHEREAS, this project consisted of the removal/replacement of the staff desk area, floor finishes, stairs on one side of dais, and public chairs; and WHEREAS, Rocklin Municipal Code section 3.04.050 authorized a contingency amount of fifteen percent of the contract ($11,235) which was approved by the City Council of the City of Rocklin for a total authorized project cost of $86,135; and WHEREAS, one change order was issued increasing the cost by $10,927 bringing the project total to $85,827 (rounded); and
WHEREAS, the project was completed on August 7, 2023, and funded by the General Fund (100).

NOW, THEREFORE, the City Council of the City of Rocklin does resolve as follows:

Section 1 The attached Notice of Completion relative to the public work known as Council Chambers Reconfiguration (Building Concepts Construction), is hereby approved and the public work accepted.

Section 2. The Director of Public Services is authorized and directed to execute said Notice on behalf of the City of Rocklin.

Section 3. The City Clerk is authorized and directed to record said Notice in the Office of the Placer County Recorder when fully executed and notarized and within ten (10) days of Council approval.

PASSED AND ADOPTED this 26th day of September, 2023, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:
122

Page 2 of 2 ends

Resolution No. 2023-

___________________________
Ken Broadway, Mayor
ATTEST:
__________________________
Haley Reid, Acting City Clerk
123
Attachment to
Reso. No. 2023-
Recording Requested by and Return to:

No Fee Per Gov’t Code §27383
City Clerk
City of Rocklin
3970 Rocklin Road
Rocklin, CA 95677

NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN that the public work known as Council Chambers Reconfiguration is complete.

The locations of said project is 3970 Rocklin Road, Rocklin, CA. The owner of said project is the City of Rocklin. The date of completion was August 7, 2023. The contractor on the project was Building Concepts Construction, and the surety on said project was Merchants Bonding Company (Mutual).

I, Justin Nartker, being first duly sworn, depose and say: I am the Director of Public Services of the City of Rocklin, a general law city in the State of California, owner of the property described in the above Notice.

I am duly authorized to make this verification for and on behalf of the City of Rocklin. I have read the Notice of Completion, and know its contents and the facts stated therein are true.

ATTEST:
________________________
Haley Reid, Acting City Clerk
City of Rocklin
______________________________________________
Justin Nartker, Director of Public Services - City of Rocklin – 3970 Rocklin Road- Owner of the Public Work Improvement I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Date: Signature:__________________________________
Justin Nartker, Director of Public Services
Rocklin, California
124
Attachment to
Reso. No. 2023-
125
City Council
Staff Report

Subject:

On-Call Planning Services Contract
Date:

September 26, 2023
Submitted By:

David Mohlenbrok, Director of Community Development
Department:

Community Development
Recommendation:

Adopt a Resolution of the City Council of the City of Rocklin Approving and Authorizing the City Manager to Execute a Contract for Services with Interwest Consulting Group, Inc.

Background:

The Community Development Department has identified the need for on-call planning services to provide additional assistance for the planning review process on an as-needed basis. This includes environmental review services. These contracts are utilized to assist staff with temporary increases in workload or particularly time-consuming projects. This arrangement allows the City to provide consistent services when workloads temporarily exceed the capacity of in-house staff. The Community Development Organizational Assessment recommended on- call planning and environmental review contracts to accommodate for temporary increases in workload.

Last year the City released a Request for Proposals (RFP) seeking qualified firms to provide on-call planning and environmental review services. The RFP was published on the City's website and a trades website. The City received five proposals and an internal review panel from the Community Development Department and the City Manager's Office evaluated the proposals on the basis of experience and qualifications of the firm, understanding of the services proposed, and completeness of the proposal and any supporting documents. After a thorough review and discussion, staff recommends that a contract be awarded to Interwest Consultants, Inc.

In order to provide flexibility, the contract is written with a not-to-exceed amount of $100,000 for the initial year. Additionally, staff recommends granting the City Manager the authority to extend the contract for two additional one-year terms, allowing for a maximum not-to-exceed amount of $300,000 for the entire agreement duration. The actual renewal agreement amount may vary, contingent upon the projected workload and available budget. There are several large planning projects that are anticipated in the immediate future, and these on-call services will assist in keeping work flowing while recruitments are posted for temporary vacancies. This is the second firm that will be brought on to assist with on-call planning services. The contract Item Number 2F.

126
for the first firm (CSG Consultants, Inc.) was approved by the City Council at the September 12, 2023 meeting.

Fiscal Impact:

There is no direct fiscal impact to the staff recommendation. Funds for these services were included in the Fiscal Year 2023/24 Operating Budget.

ATTACHMENTS:

1. Resolution

2. Resolution Exhibit A - Contract with Interwest Consultants, Inc 127
RESOLUTION NO. 2023-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROCKLIN APPROVING AND

AUTHORIZING THE CITY MANAGER TO EXECUTE A
CONTRACT FOR SERVICES WITH INTERWEST CONSULTANTS, INC.

The City Council of the City of Rocklin does resolve as follows:

Section 1. The City Council of the City of Rocklin hereby approves and authorizes the City Manager to execute a Contract for Services with Interwest Consultants, Inc. in substantially in the form attached hereto as Exhibit “A.” Section 2. The City Council of the City of Rocklin hereby delegates to the City Manager the authority to exercise the option to renew the Contract for Services with Interwest Consultants, Inc. on the same terms, for up to two one-year extensions and a maximum Not To Exceed amount of $300,000, provided sufficient funds for the services have been appropriated.

PASSED AND ADOPTED this 26th day of September, 2023, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

Ken Broadway, Mayor
ATTEST:

Haley Reid, Acting City Clerk
128
1733390.1 9959-001

CONTRACT FOR SERVICES

THIS CONTRACT is made on __________________________, by and between the CITY OF ROCKLIN a municipal corporation (“City”), and Interwest Consulting Group, Inc., a wholly owned subsidiary of SAFEbuilt, LLC (“Contractor”) who mutually agree as follows:

1. SCOPE OF SERVICES
Subject to the terms and conditions set forth in this agreement, Contractor shall provide to the City the services described in the Scope of Work, Exhibit A. Contractor shall provide the services at the time, place and in the manner specified in Exhibit s A and/or B. Contractor shall not be compensated for services outside the scope of Exhibit A unless prior to the commencement of the services: (a) Contractor notifies the City and City agrees the services are outside the scope of Exhibit A; (b) Contractor estimates the additional compensation required for these additional services; and (c) City after notice, approves in writing a supplemental agreement specifying the additional services and the amount of compensation therefore. City shall have no obligation whatsoever under this agreement or any supplemental agreement, unless and until t he agreement or supplemental agreement is approved by the City Manager, the City Manager’s authorized designee, or by the Rocklin City Council, as required by the Rocklin Municipal Code or other local law or policy.

The payments specified in Exhibit s A and/or B shall be the only payments to be made to Contractor for the services rendered pursuant to this Agreement unless pursuant to Section 1, above, City approves additional compensation for additional services.

B. Contractor shall furnish City with invoices for all expenses as well as for all materials authorized by this Contract. The invoices shall be submitted with the monthly billings.

C. Contractor shall submit all billings/invoices for services to City in the manner specified in Exhibit B. Contractor’s fees shall be as specified in the Scope of Work, Exhibit A or the Schedule of Fees as set forth in Exhibit C. All invoices submitted by Contractor shall contain the following information:
(1) Job/project name or description;
(2) City’s current purchase order and/or work order number (if applicable); (3) Contractor’s invoice number;
(4) Date of invoice issuance;
(5) Description of services billed under invoice , including the description of tasks performed and the corresponding rate charged for the completion of that task; (6) Amount of invoice, itemizing all authorized reimbursable expenses; and 129
Contract for Services
Interwest

1733390.1 9959-001 2

(7) Total billed to date under agreement.

E. During performance of the agreement and for a period of three (3) years af ter completing all services, Contractor shall maintain all accounting and financial records related to this Agreement, including but not limited to records of Contractor’s costs for all services performed under this agreement and records of Contractor’s re imbursable expenses, in accordance with generally accepted accounting practices, and shall keep and make the records available for inspection and audit by representatives of the City upon reasonable written notice.

F. Contractor shall pay when and as due, any and all taxes incurred as a result of Contractor’s compensation hereunder, including estimated taxes, and shall provide City with proof of payment upon request. Contractor hereby agrees to indemnify City for any cl aims, losses, costs, fees, liabilities, damages or injuries suffered by City arising out of Contractor’s breach of this section.

3. FACILITIES AND EQUIPMENT

Contractor shall at its sole cost and expense, furnish all facilities and equipment that may be required for Contractor to perform services pursuant to this agreement. City shall furnish to Contractor, only the facilities and equipment listed in Exhibit A (if any) according to any terms and conditions set forth in Exhibit A.

5. SUSPENSION/TERMINATION:

1733390.1 9959-001 3

i. Contractor shall immediately cease rendering services pursuant to this agreement; ii. Contractor shall, not later than five days after such notice of termination, deliver to City copies of all information prepared pursuant to this agreement; iii. City shall pay Contractor the reasonable value of services rendered by Contractor prior to termination; provided however, City shall not in any manner be liable for lost profits that might have been made by Contractor had the agreement not been terminated or had Contractor completed the services required by this agreement.

Contractor shall furnish to City such financial information as in the judgment of the City is necessary for City to determine the reasonable value of the services rendered by Contractor. The foregoing is cumulative and does not affect any right or remedy that city may have in law or equity.

C. Notwithstanding any provisions of this Contract, Con tractor shall not be relieved of liability to the City for damages sustained by th e City by virtue of any breach of this Contract by Contractor, and the City may withhold any payments due to Contractor until such time as the exact amount of damages, if any, due the City from Contractor is determined.

6. INDEPENDENT CONTRACTOR

Contractor enters into this Contract as an independent contractor and not as an employee or agent of the City. Contractor shall have no power or authority by this Contract to act on behalf of City in any capacity whatsoever as an agent, or to bind the City in any respect or to any obligations whatsoever. Nothing in this Contract shall be construed to be inconsistent with this relationship or status. All employees, agents, contractors or subcontractors hired or retained by the Contractor are employees, agents, contractors or subcontractors of the 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, agents, contractors or subcontractors, or any other p erson resulting from performance of this agreement.

7. AMENDMENTS, CHANGES OR MODIFICATIONS

Amendments, changes or modifications in the terms of this Contract may be made at any time by mutual written agreement between the parties hereto and shall be signed by the persons authorized to bind the parties hereto.

8. EXTENSIONS OF TIME
Contractor may, for good cause, request extensions of time to perform the services required hereunder. Such extensions shall be authorized in advance by the City in writi ng and shall be incorporated in written amendments to this Contract or the attached Work Program in the manner provided in Section 7.

1733390.1 9959-001 4

deliver to the City, all data, drawings, specifications, reports, estimate s, summaries and other such materials as may have been prepared or accumulated to date by the Contractor in performing this Contract which is not Contractor’s privileged information, as defined by law, or Contractor’s personnel information, along with all other property belonging exclusively to the City which is in the Contractor’s possession. For the avoidance of doubt, nothing in this Agreement shall be understood to grant City rights to pre-existing intellectual property of Contractor, including Contractor software and licensed software, or to any improvements thereto

10. COMPLIANCE WITH ALL LAWS:

B. Contractor is duly licensed, qualified and experienced to perform the services set forth in the Scope of Services, Exhibit A. Contractor represents and warrants that Contractor has all licenses, permits, qualifications and approvals of whatsoever nature that are legally required for Contractor to practice its profession or provide any services under this agreement. Contractor represents and warrants that Contractor shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this agreement, any licenses, permits and approvals that are legally required for Contractor to practice its profession or provide such services. If Contractor is an out of state corporation, Contractor further warrants and represents that it possesses a valid certification of qualification to transact business in the State of California issued by the California Secretary of State.

1733390.1 9959-001 5

in default of this agreement to the extent that party’s performance is prevented or delayed by any cause that is beyond the reasonable control of that party.

D. All products of whatsoever nature that Contractor delivers to City pursuant to this Agreement shall be prepared in a professional manner and conform to the stand ards of quality normally observed by a person currently practicing in Contractor’s profession, and shall be provided in accordance with any scope of services or schedule of performance specified in Exhibits A or B.

F. Contractor agrees and represents that the work performed under this Contract shall be in accordance with applicable federal, State and local law.

G. Contractor shall provide corrective services without charge to the City for services which fail to meet the above professional and legal standards and which are reported to Contractor in writing within sixty (60) days of discovery. Should Contractor fail or refuse to perform promptly its obligations, the City may render or undertake performance thereof and the Contractor agrees it has satisfied itself by its own investigation and research regarding the conditions affecting the work to be done and labor and materials needed, and that its decision to execute this agreement is based on such independent investigation and research . Contractor shall be liable for any expenses thereby incurred.

13. ASSIGNABILITY
Contractor shall not assign or transfer any interest in this Contract whether by assignment or novation, without the prior written consent of the City . The City has a strong interest in the qualifications and capability of the persons and entities that will fulfill the obligations imposed on Contractor under this agreement. However, claims for money due or to become due Contractor from the City under this Contract may be assigned to a financial institution, o r to a trustee in bankruptcy, without such approval. Notice of any assignment or transfer whether voluntary or 133
Contract for Services
Interwest

1733390.1 9959-001 6

involuntary shall be furnished promptly to the City.

14. INTEREST IN CONTRACT
Contractor covenants that neither it, nor any of its employees, agents, contractors, or subcontractors has any interest, nor shall they acquire any interest, direct or indirect, in the subject of the Contract, nor any other interest which would conflict in any manne r or degree with the performance of its services hereunder. Contractor shall make all disclosures required by the City’s conflict of interest code in accordance with the category designated by the City, unless the City Manager determines in writing that Contractor’s duties are more limited in scope than is warranted by the category designated by the City code and that a narrower disclosure category should apply. Contractor also agrees to make disclosure in compliance with the City conflict of interest code if, at any time after the execution of this Contract, City determines and notifies Contractor in writing that Contractor’s duties under this Contract warrant greater disclosure by Contractor than was originally contemplated. Contractor shall make disclosures in the time, place and manner set forth in the conflict of interest code and as directed by the City.

16. LIABILITY OF CONTRACTOR-NEGLIGENCE
Contractor shall be responsible for performing the work under this Contract in a manner which is consistent with the generally-accepted standards of the Contractor’s profession and shall be liable for its own negligence and the negligent acts of its employees, agents, contractor s and subcontractors. The City shall have no right of control over the manner in which the work is to be done but only as to its outcome, and shall not be charged with the responsibility of preventing risk to Contractor or its employees, agents, contractors or subcontractors.

17. INDEMNITY AND LITIGATION, COSTS
To the fullest extent permitted by law, Contractor shall hold harmless, defend at its own expense, and indemnify the City, its officers, officials, agents, employees and volunteers against any and all third party claims, damages, demands, liability, costs, losses and expenses, including without limitation court costs and reasonable attorneys’ fees, arising from all acts or omissions of Contractor, or its officers, agents or employees in rendering services under this Agreement; excluding however, such liability, claims, losses, damages or expenses arising from the City’s sole negligence, or willful acts. The provisions of this paragraph shall survive termination or suspension of this Contract. These Indemnification provisions are independent of and shall not in any way be limited by the Insurance requirements of this agreement. City approval of the Insurance required by this Agreement does not in any way relieve the Contractor from liability under this section. Contractor’s obl igations under this Agreement are contingent upon timely receipt of notice of the claim for which indemnification is sought, such that defense of the claim is not prejudiced, and the reasonable assistance of the indemnitee in connection with the defense of the claim.
134
Contract for Services
Interwest

1733390.1 9959-001 7

A. MINIMUM SCOPE AND LIMIT OF INSURANCE

3. Workers’ Compensation as required by the State of California, with Statutory Limits and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. If Contractor has no employees, Contractor must notify City if an employee is hired, verify proof of coverage for any subcontractors, and agrees to hold City harmless and defend City from claims arising from failure to provide workers’ compensation benefits.

B. OTHER INSURANCE PROVISIONS
The insurance policies are to contain, or be endorsed to contain, the following provisions:

1733390.1 9959-001 8

as broad as ISO Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used).

2. Primary Coverag e. Except with respect to Workers’ Compensation coverage, For any claims related to this contract, the Contractor’s insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, or volunteers . Any insurance or self-insurance maintained by the City, its officers, officials, employees or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it.

5. Self-Insured Retentions. Self-insured retentions must be declared to and approved by the City. The City may require the Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City.

7. Claims Made Policies . If any of the required policies for professional liability insurance provide claims-made coverage:

i. The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work.

ii. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.

iii. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Contractor must purchase “extended reporting” coverage for a minimum of five (5) years after com pletion of contract work.

1733390.1 9959-001 9

before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.

10. Special Risks or Circumstances. City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

19. GENERAL/MISCELLANEOUS PROVISIONS:

A. Contract Documents . This agreement and its exhibits shall be known as the “Contract Documents.” Terms set forth in any Contract Document shall be deemed to be incorporated in all Contract Documents as if set forth in full therein. In the event of conflict between terms contained in these Contract Documents, the mo re specific term shall control. If any portion of the Contract Documents shall be in conflict with any other portion, provisions contained in the Contract shall govern over conflicting provisions contained in the exhibits to the Contract. In the event of any conflict between the terms or conditions of this written agreement and any terms or conditions of any document prepared or provided by Contractor and made a part of this agreement, including without limitation any document relating to the scope of services or payment therefor, the written terms of this document shall control over those terms or conditions.

B. Non-Discrimination in Employment and Equal Employment Opportunit y.

C. Inspection of Record s. Contractor shall maintain and make available for inspection by the City and its auditors accurate records of all of its costs, disbursements and receipts with respect to any work under this Contract. Such inspections may be made during regular office hours at any t ime until six (6) months after the final payments under this Contract are made to the Contractor.

1733390.1 9959-001 10

G. Notice. All notices that are required to be given by one party to the other under this Contract shall be in writing and shall be deemed to hav e 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 certified mail addressed to the parties at the following addresses:

City: City of Rocklin
Community Development Department
3970 Rocklin Road
Rocklin, CA 95677

City of Rocklin
Office of the City Attorney
3970 Rocklin Road
Rocklin, CA 95677

Contractor: Interwest Consulting Group
39355 California Street, Suite 200
Fremont, CA 94538

H. Enforcement of Agreement. This Contract shall be interpreted, governed and enforced in accordance with the laws of the State of California. Venue of any action arising out of this Contract shall be brought and maintained in Placer County California, regardless of where else venue may li e. The parties consent to jurisdiction over their persons and over the subject matter of any such litigation in such court, and consent to service of process issued by such courts.

1733390.1 9959-001 11

K. Counterparts; Electronic Signatures. This Agreement may be executed in two or more counterparts, each of which when so executed shall be deemed to be an original and all of which when taken together shall constitute one and the same instrument. The words “execution,” “s igned,” “signature,” and words of like import in this Agreement or in any other certificate, agreement or document related to this Agreement, shall include digital electronic signatures (DocuSign). The use of digital electronic signatures and electronic records (including, without limitation, any contract or other record created, generated, sent, communicated, received, or stored by electronic means) shall be of the same legal effect, validity and enforceability as a manually executed signature or use of a paper-based record-keeping system to the fullest extent permitted by applicable law.

L. Exhibits. All exhibits referred to herein and attached hereto, are by this reference incorporated as if set forth fully herein.

CONTRACTOR

By: _________________________
[Paul Meschino, President]

By: _________________________
[David Kniff, Secretary]

CITY OF ROCKLIN

By: __________________________
Aly Zimmermann, City Manager
139
Contract for Services
Interwest
1733390.1 9959-001 12
ATTEST:

By: _______________________
Haley Reid, Acting City Clerk
APPROVED AS TO FORM:

By: _______________________
Daniel Cucchi, Interim City Attorney
140
1733390.1 9959-001

EXHIBIT A

Contractor Proposal/Scope of Work

Consultant shall ensure its staff assigned to perform work for the City are compensated in accordance with requirements of state and federal law, and are provided affordable health care and workers' compensation as required by law. Consultant shall ensure its staff assigned to perform work for the City of Rocklin are informed of City policies and procedures, and adhere to the City's policies and procedures. No employee of Consultant shall be assigned to work more than 960 hours per fiscal year on projects for the City of Rocklin, and Consultant will immediately notify the City if any of its staff assigned to a City project is a CalPERS member. To provide as-needed planning services help for the City of Rocklin as laid out in the request for proposals and copied below.

Consultant will be under contract on an on-call basis. As individual projects arise, the City will provide information about the project, including deadlines and necessary tasks which fall within the scope of work below. Consultant will provide a proposal to complete the project which will include the timeline for completion, staff assigned to the project, and cost. The City will review each project proposal and work with the selected consultant to refine the scope of work and associated details, as needed, before authorizing start of work.

• Process, review and manage routine and complex development entitlements, including, but not limited to: Conditional Use Permits, Subdivision and Parcel Maps, Design Review. • Coordinate work related to planning applications for projects in environmentally sensitive areas.
• Coordinate with Planning staff and staff of other city departments, consultants, and outside agencies during project reviews and processing.
• Visit project sites.
• Prepare written staff reports, ordinances, resolutions, records of land use action, development permit decision letters, conditions of approval, development agreements, environmental documents, and/or other related documents. • Attend and give presentations at meetings with applicants, consultants, and the public as needed, including public hearings.
• Prepare and deliver verbal presentations to the Planning Commission, City Council, Architectural Review Commission and/or other City Boards and Committees as needed. • Coordinate implementation of development applications during the construction phase (conditions of approval, etc.) and track conditions after developments have been occupied to ensure continued compliance with approval conditions and mitigation measures. • Prepare maps, graphs, models, presentations, power points, reports, and supporting technical documents.
• Prepare or sub-contract for the preparation of special studies necessary to support compliance with the California Environmental Quality Act (CEQA) for individual projects, and prepare documents necessary to address CEQA compliance for individual projects. 141
Contract for Services
Interwest

1733390.1 9959-001 2
• Respond to inquiries from general public, city staff, and other public agencies about the projects assigned and the City’s General Plan, the Zoning Ordinance, design guidelines, Area Plans, and other City documents, policies, and programs. • Work with the Code Enforcement Division to resolve code issues. • Perform related duties and responsibilities, including staffing the planning counter, when required.
• Review and approve Building Permits and Improvement Plans for compliance with relevant zoning criteria, conditions of approval, and approved exhibits.

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Contract for Services
Interwest

1733390.1 9959-001 3

EXHIBIT B

Schedule of Performance

The City will solicit project proposals from the Consultant on an as-needed basis. The consultant will be expected to provide proposals in a timely manner and in a way that does not impact City operations and timelines. For that reason, the following schedule of performance will be expected from consultants:

Item Timeline
Individual project proposal 2 weeks from date of receipt from City Revisions (if needed) 1 week from receipt of comments from City.

Implementation and completion As specified in approved proposal

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Contract for Services
Interwest

1733390.1 9959-001 4

EXHIBIT C

Schedule of Fees
[on the following page]
144
145
1733390.1 9959-001

EXHIBIT D

CERTIFICATE OF COMPLIANCE WITH LABOR CODE § 3700
[Labor Code § 1861]

I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.

CONTRACTORS

By:
[Paul Meschino, President]

By: ________________________________
[David Kniff, Secretary]
146
City Council
Staff Report

Subject:

Commemorative Tree and Bench Donation Policy Amendment
Date:

September 26, 2023
Submitted By:

Kevin Huntzinger, Director of Parks and Recreation
Department:

Parks and Recreation
Recommendation:

Adopt a Resolution of the City Council of the City of Rocklin Approving the Amended Commemorative Tree and Bench Donation Policy.

Background:

On December 14, 2021, Parks and Recreation staff presented the Commemorative Tree and Bench Donation Policy to the City Council, which was approved by Resolution No. 2021-240.

Adopting the policy ensured the Parks and Recreation Department had the tools needed to provide the best service to the community as donation requests were received. Since the policy's approval, the Parks and Recreation Commission has approved several tree and bench donations, using the policy to guide their decisions.

After receiving feedback from applicants, the Parks and Recreation Commission, and the City Council, staff have determined that the Commemorative Tree and Bench Donation Policy needs to be amended. The changes to the policy will provide more flexibility to the applicant and provide staff additional support when considering the donation applications. The proposed changes to the policy are highlighted below:

1. All references to the Parks, Recreation and Arts Commission have been updated to the

Parks and Recreation Commission.

2. Section II(2)(iii)

Line three of the plaque shall list one singular date or one of the four phrases below:

Native of Rocklin
Lifelong Rocklin Resident
Champion of the Community
Dedicated Rocklin Volunteer

3. Section IV(1) (Former Policy)

This section discussing the appeal process for the applicant has been removed.

4. The Parks and Recreation Commission will no longer consider and approve the

Item Number 2G.

147

requested plaque language. They will continue to consider and approve the approximate location of all tree and bench donation applications.

Staff recommends that the City Council approve the amended Commemorative Tree and Bench Donation Policy, which is included as Attachment 2.

Fiscal Impact:

There is no direct fiscal impact from the staff recommendation.

ATTACHMENTS:

1. Resolution

2. Amended Tree & Bench Policy
148
RESOLUTION NO. 2023 -

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROCKLIN

APPROVING THE AMENDED

COMMEMORATIVE TREE AND BENCH DONATION POLICY
WHEREAS, on December 14, 2021, the City Council approved the Commemorative Tree and Bench Donation Policy (Resolution 2021-240); and WHEREAS, the Commemorative Tree and Bench Donation Policy has been a successful tool in guiding the approval of donation requests for the community; and WHEREAS, the City Council desires to amend the Commemorative Tree and Bench Donation Policy to provide more flexibility to the applicant and support to City Staff; and
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Rocklin as follows:

Section 1. The City Council of the City of Rocklin hereby approves and adopts the amended Commemorative Tree and Bench Donation Policy attached hereto as Exhibit “A”.

PASSED AND ADOPTED this 26th day of September, 2023, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:
______________________________
Ken Broadway, Mayor
ATTEST:
____________________________
Haley Reid, Acting City Clerk
149
Tree and Bench Donation Policy 2023

Page 1 ends

Rocklin City CouncilSeptember 26, 2023

Rocklin City Council
September 26, 2023