Rocklin City Council
November 14, 2023

ROCKLIN CITY COUNCIL
City Council Regular Meeting
City Hall - Council Chambers
3970 Rocklin Rd. Rocklin, CA
95677
Website:
www.rocklin.ca.us
November 14, 2023
CLOSED SESSION 5:00 P.M.

REGULAR SESSION 6:00 P.M.

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. 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
In compliance with the Americans with Disabilities Act, if you require special assistance to participate in this meeting or other services in conjunction with this meeting, including receiving notices, agendas, and other writings in appropriate alternative formats, please contact our office at (916) 625-5560 at least 48 hours prior to the meeting or time when services are needed so that we may make every reasonable effort to accommodate you.

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 City Council Regular Meeting Agenda of November 14, 2023 1 The public may listen to audio or view the meeting via live stream at https://www.rocklin.ca.us/agendas-minutes
.

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 until 3:00 p.m. on the meeting day. Public comments should be submitted to the City Clerk at [email protected]
. Emailed public comments will be distributed to City Council and treated as a public record.

1. CLOSED SESSION
1A.

Pursuant to Government Code Section 54959.9(d)(2), Conference with Legal Counsel, Anticipated Litigation, Potential Exposure to Litigation: One Case 1B.

Pursuant to Government Code Section 54956.9(d)(1), Conference with Legal Counsel, Existing Litigation: Hogan v. City of Rocklin et al., Placer County Superior Court Case No. SCV0051563.

2. REPORT OUT OF CLOSED SESSION

1. REPORTS FROM CITY COUNCIL AND CITY MANAGER

2. CONSENT CALENDAR
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

PUBLIC COMMENT ON CLOSED SESSION

CALL REGULAR MEETING TO ORDER

PLEDGE OF ALLEGIANCE

ROLL CALL

AGENDA REVIEW

CITIZENS ADDRESSING THE CITY COUNCIL

City Council Regular Meeting Agenda of November 14, 2023 2 2A.

Minutes of September 26, 2023 and October 10, 2023 Regular Meeting of the City Council
2B.

Resolution Expressing Support for Actions to Further Strengthen Local Democracy, Authority, and Control as Related to Local Zoning and Housing Issues 2C.

Placer Valley Tourism Capital Grant for Pickleball Facility at SWRA 2D.

Boulder Ridge Park Cell Tower Generator Project
2E.

Various Personnel Updates

Recommendation:

Approve the Meeting Minutes from the September 26, 2023 and October 10, 2023 Regular City Council Meeting.

Recommendation:

Adopt a Resolution of the City Council of the City of Rocklin Expressing Support for Actions to Further Strengthen Local Democracy, Authority, and Control as Related to Local Zoning and Housing Issues.

Recommendation:

Adopt a Resolution of the City Council of the City of Rocklin Approving and Authorizing the City Manager to Execute a Grant Agreement by and between Placer Valley Tourism and the City of Rocklin.

Recommendation:

A
.

Adopt a Resolution of the City Council of the City of Rocklin Approving a Notice of Exemption (Vertical Bridge - Boulder Ridge Park Cell Tower Generator Project).

B
.

Adopt a Resolution of the City Council of the City of Rocklin Approving and Authorizing the City Manager to Execute the First Amendment to the Communications Site License Agreement (Vertical Bridge - Boulder Ridge Park Cell Tower Generator Project).

Recommendation:

A
.

Adopt a Resolution of the City Council of the City of Rocklin Adopting a Revised Temporary Positions Salary Schedule.

B
.

Adopt a Resolution of the City Council of the City of Rocklin Adopting a Side Letter of Agreement to the Memorandum of Understanding between the City of Rocklin and the Rocklin Firefighter’s Union.

C
.

Adopt a Resolution of the City Council of the City of Rocklin to Approve Revised Salary Schedules for the Public Service Employees Bargaining Unit.

D
.

Adopt a Resolution of the City Council of the City of Rocklin Adopting the Reclassifications and Reallocations in the Parks and Recreation Department, Fire Department, and Abolishing a Classification.

E
.

Adopt a Resolution of the City Council of the City of Rocklin to Adopt a Salary Range and Allocation for Administrative Office Clerk; Reallocate One Senior Administrative Assistant to Administrative Office Assistant; and Adopt Revised Salary Schedules for Confidential Employees.

City Council Regular Meeting Agenda of November 14, 2023 3 2F.

Amendment to the Liebert Cassidy Whitmore Professional Services Agreement 2G.

Community Development Department Quarterly Building Report 2H.

College Park Fire Fuel Load Management Contract
2I.

Motorola Solutions, Inc. Maintenance and Radio Infrastructure Software Upgrade Agreement
2J.

Los Cerros Phase 1A Public Landscape Improvements Notice of Completion 2K.

Resolution of Intention to Order the Vacation of a Public Street - Yankee Hill Road 2L.

Uniform Services with Cintas Corporation

Recommendation:

Adopt a Resolution of the City Council of the City of Rocklin Approving Amendment No. 2 to the Professional Services Agreement with Liebert Cassidy Whitmore and Authorizing the City Manager to Execute Amendment No.

2. Recommendation:

Receive the Quarterly Building Report for the Quarter which ended September 30, 2023.

Recommendation:

Adopt a Resolution of the City Council of the City of Rocklin Awarding the Contract for College Park Fire Fuel Load Management to Tree Pro Tree Service, Inc. and Authorizing the City Manager to Execute an Agreement.

Recommendation:

Adopt a Resolution of the City Council of the City of Rocklin to authorize the City Manager to Execute and Sign the Maintenance and Radio Infrastructure Software Upgrade Agreement with Motorola Solutions, Inc.

Recommendation:

Adopt a Resolution of the City Council of the City of Rocklin Accepting the Public Work Known as Los Cerros Phase 1A Subdivision Improvements Public Landscape (SD-2013-09), Approving the Notice of Completion Thereof, and Authorizing and Directing the Execution and Recordation of Said Notice on Behalf of the City (Toll West Coast, LLC).

Recommendation:

Adopt a Resolution of the City Council of the City of Rocklin of Intention to Order the Vacation of a Public Street and Setting a Public Hearing Thereon (Yankee Hill Road).

Recommendation:

Adopt a Resolution of the City Council of the City of Rocklin Approving a Purchase Agreement with Cintas Corporation for Uniform Services, and Authorizing the City Manager to Execute the Agreement.

City Council Regular Meeting Agenda of November 14, 2023 4 2M.

Vehicle Supplies/Equipment and Installation Services Agreement 2N.
2024 Micro-Pave Resurfacing Project
2O.

Reimbursement Agreement with Placer County Water Agency

3. SPECIAL PRESENTATIONS
3A.

Proclamation Recognizing November 25 as Small Business Saturday 3B.

Proclamation Recognizing Global Entrepreneurship Week
3C.

Proclamation Recognizing November as Placer County Art & Culture Month

4. PUBLIC HEARINGS
4A.

Amend Rocklin Municipal Code, Ordinance Title 10, Chapter 10.11, Speed Limits

5. DISCUSSION ITEMS
5A.

Point Vista - Advisory Review of Development Proposal (SC2023-0005)

Recommendation:

Adopt a Resolution of the City Council of the City of Rocklin Approving the Contract for Vehicle Supplies/Equipment and Installation Services to Stommel Inc. dba LEHR Auto, and Authorizing the City Manager to Execute an Agreement.

Recommendation:

Adopt a Resolution of the City Council of the City of Rocklin Awarding the Contract for 2024 Micro-Pave Resurfacing to American Pavement Systems, Inc., and Authorizing the City Manager to Execute an Agreement.

Recommendation:

Adopt a Resolution of the City Council of the City of Rocklin Approving and Authorizing the City Manager to Execute a Construction Management and Reimbursement Agreement with Placer County Water Agency (PCWA) for the Midas Avenue Water Main Replacement and Resurfacing Project.

Recommendation:

Introduce, waive the full reading and read by title only an Ordinance of the City Council of the City of Rocklin Amending Chapter 10.11, of Title 10 of the Rocklin Municipal Code Regarding Speed Limits within the City of Rocklin.

Recommendation:

Review, discuss, and provide input to the project applicant on a preliminary development proposal for a General Plan Amendment, Rezone, and Tentative Subdivision Map on an approximately 16-acre site located east of I-80 and south of Brace Road.

City Council Regular Meeting Agenda of November 14, 2023 5 5B.

Approval of the Environmental Document and Selection of the Preferred Design Alternative for Rocklin Road and Interstate 80 Interchange Project

6. CITY COUNCIL ACTING AS SUCCESSOR AGENCY
6A.

Letter of Intent for the Proposed Sale of Successor Agency-Owned Property at 5255 Pacific Street (APN 010-170-026).

7. FUTURE AGENDA ITEMS

Recommendation:

A
.

Adopt a Resolution of the City Council of the City of Rocklin Approving a Mitigated Negative Declaration of Environmental Impacts and a Mitigation Monitoring Program - Rocklin Road and Interstate 80 Interchange Project.

B
.

Adopt a Resolution of the City Council of the City of Rocklin Approving Alternative 1 – A Diverging Diamond Interchange Configuration with Bicycle and Pedestrian Use Provided by a Dedicated Overcrossing of Interstate 80 – Rocklin Road and Interstate 80 Interchange Project.

Recommendation:

Adopt a Resolution of the Successor Agency of the City of Rocklin Approving a Letter of Intent for the Sale of the Former Redevelopment Agency Property.

ADJOURNMENT
City Council Regular Meeting Agenda of November 14, 2023 6 City Council
Staff Report

Subject:

Minutes of September 26, 2023 and October 10, 2023 Regular Meeting of the City Council
Date:

November 14, 2023
Submitted By:

Haley Reid, Acting City Clerk
Department:

Public Services
Recommendation:

Approve the Meeting Minutes from the September 26, 2023 and October 10, 2023 Regular City Council Meeting.

Item Number 2A.

ATTACHMENTS:

1. DRAFT Meeting Minutes - September 26, 2023

2. DRAFT Meeting Minutes - October 10, 2023
7 REGULAR MEETING OF THE

ROCKLIN CITY COUNCIL
September 26, 2023
GENERAL SESSION at 6:00 p.m.

Council Chambers
3970 Rocklin Road, Rocklin, CA 95677
www.rocklin.ca.us
Regular Meeting Minutes of September 26, 2023
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MEETING MINUTES
-DRAFT-

CALL TO ORDER
Mayor Broadway called the meeting to order at 6:03 p.m.

PLEDGE OF ALLEGIANCE
Rocklin Unified School District student Jazz Rai led the pledge of allegiance.

ROLL CALL
Councilmembers: David Bass, Jill Gayaldo, Bill Halldin, Greg Janda, Mayor Ken Broadway Rocklin Unified School District (RUSD) Student: Jazz Rai Mayor Broadway introduced RUSD student, Jazz Rai.

AGENDA REVIEW
None

CITIZENS ADDRESSING THE CITY COUNCIL
None

1. REPORTS FROM CITY COUNCIL AND CITY MANAGER
City Council Reports
Councilmember Halldin reported attendance at the Greater Sacramento Economic Council (GSEC) annual board meeting, Placer County Economic Development meeting, Western Placer Waste Management Authority board meeting, County and City Homeless Task Force meeting, Rocklin Chamber of Commerce Hot Chili Cool Cars event, and the Placer County Office of Education breakfast meeting.

Councilmember Gayaldo reported attendance at the Placer County Mosquito & Vector Control District board meeting, Sierra College building dedication, Sacramento Area Council of Governments (SACOG) board meeting, and the Rocklin Police Activities League cornhole tournament fundraiser.

Councilmember Bass thanked City Manager Zimmermann and City staff for taking quick action regarding graffiti at Kathy Lund Park.

Mayor Broadway reported attendance at the Rocklin Chamber of Commerce Hot Chili and Cool Cars event, Sierra College building dedication, League of California Cities annual conference, and the Rocklin Police Activities League cornhole tournament fundraiser. 8 Regular Meeting Minutes of September 26, 2023
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City Manager Report
City Manager Zimmermann shared information regarding the upcoming city events including the Traffic Safety Committee meeting, annual Barktoberfest event, and the Maker Faire taking place at Sierra College.

2. CONSENT CALENDAR
2A. Minutes of September 12, 2023 Regular Meeting of City Council Action: Approved the Minutes of the September 12, 2023 Regular City Council Meeting. 2B. Pulled for discussion
2C. Ordinance Prohibiting Syringe Exchange Programs (Second Reading of Ordinance) Action: Adopted 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.
2D. On-Call Inspection Services Contracts
Action:

A. Adopted Resolution No. 2023-147 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. Adopted Resolution No. 2023-148 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. Adopted Resolution No. 2023-149 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. Adopted Resolution No. 2023-150 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. 2E. Council Chambers Reconfiguration Notice of Completion Action: Adopted Resolution No. 2023-151 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).
9 Regular Meeting Minutes of September 26, 2023
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2F. On-Call Planning Services Contract
Action: Adopted Resolution No. 2023-152 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.
2G. Commemorative Tree and Bench Donation Policy Amendment Action: Adopted Resolution No. 2023-153 of the City Council of the City of Rocklin Approving the Amended Commemorative Tree and Bench Donation Policy.

Motion to approve Consent Calendar item No. 2A and Nos. 2C-2G by Councilmember Gayaldo, seconded by Councilmember Bass. Passed by the following vote:

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

Absent: NONE
Abstain: NONE

CONSENT CALENDAR ITEMS PULLED FOR DISCUSSION
2B. Sidewalk Vending Regulations (Second Reading of Ordinance) Action: Adopted 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 provided clarification regarding the Sidewalk Vending Regulations recommendation.

PUBLIC COMMENT:

Jerry Mitchell addressed the City Council regarding the item.

Benjamin Bjorkman addressed the City Council regarding the updated Sidewalk Vending regulations.

Motion to approve Consent Calendar item No. 2B by Councilmember Gayaldo, seconded by Councilmember Halldin. Passed by the following vote:

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

Absent: NONE
Abstain: NONE

3.SPECIAL PRESENTATIONS
3A. Proclamation Recognizing Parks & Recreation Director Kevin Huntzinger. 10 Regular Meeting Minutes of September 26, 2023
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Mayor Broadway presented outgoing Parks & Recreation Director Kevin Huntzinger with a proclamation recognizing his 16 years of service to the Rocklin community.

Kevin thanked City Council, City staff, and others for their support throughout his tenure with the City of Rocklin.

City Council comments followed.
3B. Proclamation Recognizing September as Prostate Cancer Awareness Month Mayor Broadway read a proclamation recognizing September as Prostate Cancer Awareness Month.
3C. Placer County Transportation Planning Agency (PCTPA) Current Planning and Outreach Efforts
Senior Transportation Planners Cory Peterson and Mike Costa with PCTPA shared a presentation regarding upcoming education and programming.

2. PUBLIC HEARINGS
4A. Establishment and Amendment of City Service Fees
Action:

A. Conducted a Public Hearing to Consider Testimony.

B. Adopted Ordinance No.1172 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.

Management Analyst Megan Bressem presented the item to City Council.

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

City Council comments and discussion followed.

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

Ayes: Bass, Broadway, Halldin, Janda, Gayaldo
Noes: NONE
Absent NONE
Abstain: NONE
4B. Temporary Sign Deposits and Abatement
Action:

A. Conducted a Public Hearing to Consider Testimony.
11 Regular Meeting Minutes of September 26, 2023
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B. Introduced, Waived the Full Reading, and Read by Title Only, Ordinance No. 1173 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. Adopted Resolution No. 2023-163 of the City Council of the City of Rocklin Adopting a Fee for the Abatement of Temporary Noncommercial Signs.

Management Analyst Elizabeth Sorg presented the item to City Council.

City Council comments and discussion followed.

Mayor Broadway opened the public hearing.

PUBLIC COMMENT:

Jerry Mitchell addressed City Council regarding the item.

Motion to approve item No. 4B by Councilmember Bass, seconded by Councilmember Gayaldo. Passed by the following vote:

Ayes: Bass, Broadway, Halldin Gayaldo
Noes: Janda

Absent: NONE
Abstain: NONE

5. DISCUSSION ITEMS
5A. Section 115 Trust for Pension
Action: Adopted Resolution 2023-154 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).

Deputy Director of Administrative Services/City Treasurer Daniel Choe presented the item to City Council.

Rachel Sanders with PARS shared a presentation with City Council regarding the trust program.

Council comments and discussion followed.

Motion to approve Item No. 5A by Councilmember Gayaldo, seconded by Councilmember Bass. Passed by the following vote:
12 Regular Meeting Minutes of September 26, 2023
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Ayes: Bass, Broadway, Gayaldo, Halldin, Janda
Noes: NONE

Absent: NONE
Abstain: NONE
5B. Safe and Sane Fireworks – Use for Special Occasion and Increased Community Accountability
Action: Introduced, Waived the Full Reading, and Read by Title Only, Ordinance No. 1174 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.

Motion to approve Item No. 5B by Councilmember Halldin, seconded by Councilmember Bass. Passed by the following vote:

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

Absent: NONE
Abstain: NONE

6. FUTURE AGENDA ITEMS
NONE

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
Closed Session ended at 10:13 with nothing to report out.

ADJOURNMENT
Mayor Broadway adjourned the meeting at 10:13 p.m.

Respectfully submitted,
___________________________
Haley Reid, Acting City Clerk
13 REGULAR MEETING OF THE

ROCKLIN CITY COUNCIL
October 10, 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.

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

PLEDGE OF ALLEGIANCE
Mayor Broadway led the pledge of allegiance.

AGENDA REVIEW
None.

CITIZENS ADDRESSING THE CITY COUNCIL
None.

1.REPORTS FROM CITY COUNCIL AND CITY MANAGER
City Council Reports
Councilmember Halldin reported attendance at the Rocklin Quarry Bowl.

Councilmember Gayaldo reported attendance at the Sacramento Area Council of Government (SACOG) Transportation Committee meeting, the GFX Business Expo, the Placer Valley 2023 event, the Rocklin Fire Department Fire Prevention Week Open House, and the Roseville Chamber Annual Luncheon. Additionally, she shared information regarding upcoming events such as the Rocklin Educational Excellence Fundraiser and the Shield Game honoring fallen Rocklin Officer Matt Redding.

Vice Mayor Janda reported attendance at the Pioneer Community Energy Board meeting and the Placer County Air Pollution Control District board conference.

Mayor Broadway reported attendance at the Capitol Corridor Joint Powers Authority meeting and the Coffee with a Cop event. Additionally, he reported attendance for 14 Regular Meeting Minutes of October 10, 2023
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Rocklin Chamber of Commerce ribbon cuttings including Quick Quack car wash, T-Bar & Fusion kitchen, and the Sierra Gateway Apartments.

City Manager Report
City Manager Aly Zimmermann highlighted upcoming City events including the final Concert at the Quarry with Ever Clear and a movie in the park. She also shared that the October 24 City Council meeting will be canceled. Additionally, she shared information regarding the City’s participation in Prescription Takeback Day on October 28.

2. CONSENT CALENDAR
2A. Pulled for discussion
2B. Safe and Sane Fireworks - Use for Special Occasion and Increased Community Accountability (Second Reading of Ordinance)
Action: Adopted Ordinance No. 1174 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.
2C. Various Personnel Updates
Action:

A. Adopted Resolution No. 2023-155 of the City Council of the City of Rocklin Repealing and Replacing Resolution No. 2022-30, designating the Management Analyst from the Administrative Services Department as the City’s Representative to the NCCSIF Board of Directors and Designating the Senior Management Analyst from the Administrative Services Department as the Alternate Representative.

B. Adopted Resolution No. 2023-156 of the City Council of the City of Rocklin to Approve Revised Salary Schedules for the Rocklin Police Officers’ Association.

C. Adopted Resolution No. 2023-157 of the City Council of the City of Rocklin Approving the Side Letter of Agreement Between the City of Rocklin and the Rocklin Police Officers' Association.
2D. Pulled for discussion
15 Regular Meeting Minutes of October 10, 2023
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2E. Sunset Whitney Recreation Area Building Demolition Project Action:

A. Adopted Resolution No. 2023-159 of the City Council of the City of Rocklin Approving a Notice of Exemption (Sunset Whitney Recreation Area Building Demolition Project).

B. Adopted Resolution No. 2023-160 of the City Council of the City of Rocklin Awarding the Contract for the Sunset Whitney Recreation Area Building Demolition Project to Double B Demolition, Inc., and Authorizing the City Manager to Execute the Agreement.

Motion to approve Consent Calendar item Nos. 2B, 2C, and 2E. by Councilmember Halldin, seconded by Councilmember Gayaldo. Passed by the following vote:

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

Absent: NONE
Abstain: NONE

CONSENT CALENDAR ITEMS PULLED FOR DISCUSSION
2A. Temporary Sign Deposits and Abatement (Second Reading of Ordinance) Action: Adopted Ordinance No. 1173 of the City Council of the City of Rocklin to Amend Section 17.75.010 D. Temporary Signs of the Rocklin Municipal Code to Establish a Compliance Deposit and Sign Removal Process (Temporary Signs/ZOA2023-0004).

Motion to approve Consent Calendar item No. 2A Councilmember Halldin, seconded by Councilmember Gayaldo. Passed by the following vote:

Ayes: Bass, Broadway, Gayaldo, Halldin
Noes: Janda

Absent: NONE
Abstain: NONE
2D. Clover Valley Initial Phase Open Space Easement
Action: Adopted Resolution No. 2023-158 of the City Council of the City of Rocklin Authorizing the Execution of a Grant of Open Space Easement (Hillside and Bluff Protection, Oak Tree Preservation) Clover Valley Initial Phase/ (SD98-05, SD-2004-03, TRE-2004-26).

Associate Civil Engineer Lynn Toth presented the item to the City Council.

City Council comments followed.
16 Regular Meeting Minutes of October 10, 2023
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PUBLIC COMMENT:

Tony Rakocija addressed the City Council regarding his opposition to the Clover Valley Open Space Easement.

Doug Brewer addressed the City Council regarding his opposition to the Clover Valley Open Space Easement.

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

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

Absent: NONE
Abstain: NONE

3. SPECIAL PRESENTATIONS
3A. Proclamation Recognizing October 8 - 14, 2023 as Fire Prevention Week Mayor Broadway presented Chief Williams with a proclamation recognizing October 8 – 14 as Fire Prevention Week.
3B. Proclamation Recognizing October 23 - 31, 2023 as Red Ribbon Week Mayor Broadway presented Chief Banks with a proclamation recognizing October 23 – 31 as Red Ribbon Week.

4. PUBLIC HEARINGS
4A. Estia Modification / Design Review, DR2022-0012
Action:

A. Conducted a Public Hearing to Consider Testimony
B. Adopted Resolution No. 2023-161 of the City Council of the City of Rocklin Approving a Design Review to Modify an Approved Project (Estia Modification / DR2022-0012).

Senior Planner Nate Anderson presented to City Council.

The project applicant Chris Dickenson with Town Development shared a presentation to City Council.
17 Regular Meeting Minutes of October 10, 2023
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Mayor Broadway opened the public hearing. Seeing no public comment, Mayor Broadway closed the public hearing.

City Council comments and discussion followed.

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

Ayes: Bass, Gayaldo, Halldin, Janda
Noes: Broadway

Absent: NONE
Abstain: NONE
4B.Lonetree Apartments Phase 2 / Design Review, DR2022-0004 and Environmental, ENV2023-0007
Action:

A. Conducted a Public Hearing to Consider Testimony.

B. Adopted Resolution No. 2023-164 of the City Council of the City of Rocklin Approving a Mitigated Negative Declaration of Environmental Impacts (Lonetree Apartments Phase 2 / ENV2023-0007).

C. Adopted Resolution No. 2023-165 of the City Council of the City of Rocklin Approving a Design Review (Lonetree Apartments Phase 2 / DR2022-0004).

Senior Planner Nate Anderson presented to City Council.

The project applicant Chris Sherry with the Harper, LLC shared a presentation to City Council.

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

City Council comments and discussion followed.

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

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

Absent: NONE
Abstain: NONE
18 Regular Meeting Minutes of October 10, 2023
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5. DISCUSSION ITEMS
5A. Amendment to the City Manager Employment Agreement
Action: Adopted Resolution No. 2023-166 of the City Council of the City of Rocklin Authorizing an Amendment to the City Manager Employment Agreement with Alexandra Zimmermann.

Administrative Services Director Tameka User presented the item to City Council.

PUBLIC COMMENT:

John Hughes addressed the City Council regarding the item.

City Council comments followed.

Motion to approve Item No. 5A by Councilmember Bass, seconded by Councilmember Halldin. Passed by the following vote:

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

Absent: NONE
Abstain: NONE
5B. Establishment and Amendment of City Service Fees (Second Reading of Ordinance)
Action:

A. Adopted Ordinance No. 1172 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.

B. Adopted Resolution 2023-167 of the City Council of the City of Rocklin Amending the Schedule of Fees for City Services (Rocklin Municipal Code Chapter 3.32) and Repealing Resolution No. 2022-208.

Management Analyst Megan Bressem presented the item to City Council.

City Council comments followed.

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

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

Absent: NONE
Abstain: NONE
19 Regular Meeting Minutes of October 10, 2023
7 | P a g e

6. FUTURE AGENDA ITEMS
Councilmember Bass requested future items to encourage a teen driver safety campaign. Additionally, Councilmember Bass requested an item to explore other options to PG&E.

7. CLOSED SESSION
Pursuant to Government Code Section 54956.9(d)(1), Conference with Legal Counsel, Existing Litigation City of Rocklin v. Legacy Family Adventures and David Busch, El Dorado Superior Court Case No. PC2019039, Third District Court of Appeal Case No.

C091172, California Supreme Court Case No. S278391.

Closed Session ended at 9:43 with nothing to report.

ADJOURNMENT
Mayor Broadway adjourned the meeting at 9:45 p.m.

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

Subject:

Resolution Expressing Support for Actions to Further Strengthen Local Democracy, Authority, and Control as Related to Local Zoning and Housing Issues
Date:

November 14, 2023
Submitted By:

Haley Reid, Acting City Clerk
Department:

City Clerk's Office
Recommendation:

Adopt a Resolution of the City Council of the City of Rocklin Expressing Support for Actions to Further Strengthen Local Democracy, Authority, and Control as Related to Local Zoning and Housing Issues.

Background:

The proposed Resolution (Attachment 1) urges the legislature and the Governor to stop proposing new bills until the recently adopted laws have had a chance to go into effect.

Several new laws allowing accessory dwelling units (ADU) in zones that allow single-family and multi-family uses went have gone into effect in recent years. These include Assembly Bill (AB) 68, AB 881, and Senate Bill (SB 13), which explicitly prohibit local agencies from including in development standards for ADUs requirements on minimum lot sizes, among other requirements. Another example is AB 671, which also went into effect in 2020, which requires local agencies’ housing elements to include a plan that incentivizes and promotes the creation of ADUs that can offer affordable rents for very low, low, or moderate income households, along with grants and other financial incentives in connection with planning, construction, and operation of affordable ADUs. All of these laws need time to see the full impacts to communities before new proposals are added onto them.

In addition, the existing housing element process establishes guidelines that communities have to adhere to in order to address their fair share of housing demand. Housing elements must be approved by the State and include significant input from residents, community members, and interested housing advocates. Enacting broad statewide regulations undermines this local, iterative process, which is currently underway.

Fiscal Impact:

There is no fiscal impact associated with the recommended action.

Item Number 2B.

ATTACHMENTS:

1. Resolution
2121
RESOLUTION NO. 2023-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROCKLIN EXPRESSING SUPPORT

FOR ACTIONS TO FURTHER STRENGTHEN LOCAL DEMOCRACY, AUTHORITY, AND

CONTROL AS RELATED TO LOCAL ZONING AND HOUSING ISSUES
WHEREAS, the legislature of the State of California each year proposes, passes, and has signed into law a number of bills addressing a range of housing issues; and WHEREAS, the legislature of the State of California does not allow sufficient time between each legislative cycle to determine if the legislation is successful in bringing about the change for the State of California’s housing issues; and
WHEREAS, the majority of these bills usurp the authority of local jurisdictions to determine for themselves the land use policies and practices that best suit each city and its residents and instead impose mandates that do not take into account the needs and differences of jurisdictions throughout the State of California; and
WHEREAS, the ability of local jurisdictions to determine for themselves which projects require review beyond a ministerial approval; what parking requirements are appropriate for various neighborhoods within their jurisdiction; what plans and programs are suitable and practical for each community rather than having these decisions imposed upon cities without regard to the circumstances of each individual city; and what zoning should be allowed for residential properties is a matter of great importance to the City of Rocklin among other items related to local zoning and housing issues; and
WHEREAS, the City Council of the City of Rocklin feels strongly that our local government is best able to assess the needs of our community and objects to the proliferation of State legislation that deprives us of that ability;
NOW, THEREFORE, the Council of the City of Rocklin resolves as follows:

Section 1. The City of Rocklin is opposed to the current practice of the legislature of the State of California of continually proposing and passing multitudes of bills that directly impact and interfere with the ability of cities to control their own destiny through use of the zoning authority that has been granted to them.

Section 2. The City of Rocklin will explore various ways to protect the ability of cities to retain local control over zoning as each individual city within the State of California is best suited to determine how the zoning in their city should be allocated in order to meet the housing needs of the community.

Section 3. The City Clerk shall certify to the adoption of this resolution and shall cause this resolution and his/her certification to be entered in the Book of Resolution of the 2322
Council of this City.

PASSED AND ADOPTED this 14th day of November, 2023, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

Ken Broadway, Mayor
ATTEST:

Haley Reid, Acting City Clerk
2423
City Council
Staff Report

Subject:

Placer Valley Tourism Capital Grant for Pickleball Facility at SWRA Date:

November 14, 2023
Submitted By:

Sherri Conway, Assistant City Manager
Department:

City Manager's Office
Recommendation:

Adopt a Resolution of the City Council of the City of Rocklin Approving and Authorizing the City Manager to Execute a Grant Agreement by and between Placer Valley Tourism and the City of Rocklin.

Background:

In 2018, the City of Rocklin purchased the Sunset Whitney Recreation Area (SWRA), with a goal to transform the abandoned 184-acre golf course facility into a regional open space destination that includes both passive and active uses. Since the purchase, the City conducted various community outreach/engagement meetings to gather desires in order to produce a master plan for the site. Through this outreach, a master plan was created and includes, “The Hub", natural preserves, pedestrian and bike trails, inclusive play structures, and various picnic areas, and a designated site for a sixteen pickleball court complex.

The sport of pickleball has grown drastically over the past five years. A recent study by the Association of Pickleball Professionals estimated that 36.5 million people played pickleball in 2022, showing that 14% of Americans over the age of 18 picked up the sport in 2021/2022.

California has been identified as a notable location to hold pickleball tournaments, due to ideal weather conditions. The USA Pickleball Association estimates over 60% of registered pickleball athletes travel from out of town for regional and national events.

The proposed pickleball complex located at "The Hub" within SWRA, will consist of 16 courts including two championship courts. Given the growth of the sport, the ample space offered at SWRA will have the ability to host regional and national pickleball tournaments. Pickleball tournaments continue to draw in thousands of athletes and spectators across the state and nation. The SWRA pickleball complex have the potential to host comparable-sized tournaments and garner substantial economic growth for the region.

As part of the effort to bring the pickleball project to fruition, City staff applied for and were awarded a grant from Placer Valley Tourism (PVT) in the amount of $400,000 to supplement the total cost to install the pickleball courts. Per the terms of the grant agreement (Attachment Item Number 2C.

2524
2), PVT would be recognized for its contribution at future ribbon cuttings and pickleball tournaments in many different ways, including permanent signage.

This grant agreement is a ten-year agreement and includes:

City of Rocklin will prominently display PVT logos on signage recognizing PVT’s contribution, in mutually agreed upon formats and locations for a minimum of 10 years.

Grantee shall provide photographs of such displays to PVT.

The City shall provide PVT a limited number of weekends of tournaments and promotions at no additional cost to PVT annually for a period of ten (10) years.

PVT shall pay the City an amount not to exceed $400,000.

The amount specified above shall be paid on the following schedule:

On or before December 31, 2023, PVT shall pay the City $200,000.

Upon completion of the Sunset Whitney Pickleball project, PVT shall pay to City the balance of the Grant (another $200,000).

Environmental Analysis:

This action does not require an Environmental Analysis.

Fiscal Impact:

The City will receive $200,000 on or before December 31, 2023, and the remaining $200,000 upon project completion.

ATTACHMENTS:

1. Resolution

2. Exhibit A - Placer Valley Tourism 2023 Grant Agreement 2625
RESOLUTION NO. 2023-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROCKLIN

APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT AGREEMENT

BY AND BETWEEN

PLACER VALLEY TOURISM AND THE CITY OF ROCKLIN
WHEREAS, this Grant Agreement (the "Agreement") is made as November 14, 2023, by and between South Placer County Tourism Corporation, dba Placer Valley Tourism, a California nonprofit corporation (“PVT”) and City of Rocklin; and WHEREAS, City desires to construct and operate a Pickleball Court Facility at the HUB area of the Sunset Whitney Recreation Area in Rocklin, California (“Facility”). PVT is a local business assessment district formed to promote tourism and sports destinations in Roseville, Rocklin, and Lincoln; and
WHEREAS, the parties wish to agree on the terms and conditions as outlined in Exhibit A before PVT provides City with funds to help City with the cost of constructing the Facility.

NOW, THEREFORE, 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 Grant Agreement by and Between Placer Valley Tourism and the City of Rocklin in substantially the form attached hereto as Exhibit A and by this reference incorporated herein.

Section 2. The City Manager is authorized to make any necessary budgetary and accounting transactions to administer and account for the grant agreement consistent with law and City policies.

PASSED AND ADOPTED this 14 day of November, 2023, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

ATTEST:

Ken Broadway, Mayor
Haley Reid, Acting City Clerk
2726

EXHIBIT A

GRANT AGREEMENT
This Grant Agreement (the "Agreement") is made on November 14, 2023, by and between South Placer County Tourism Corporation, dba Placer Valley Tourism, a California nonprofit corporation (“PVT”) and City of Rocklin, a municipal corporation (“City”). The undersigned parties enter into this Agreement with reference to the following:

1. Grant of Funds. PVT shall pay City an amount of $400,000.00 for City to use in the manner set forth below (the “Grant.”) The Grant shall be paid on the following schedule:
(a) On or before December 31, 2023, PVT shall pay the City $200,000.00; and (b) Upon completion of the Sunset Whitney Recreation Area (SWRA) Pickleball Court Project, and provided City is not in default of any of the provisions hereof, PVT shall pay to City the balance of the Grant (another $200,000.00).

2. City’s Obligations. As a condition to receiving the Grant and each payment described above, City shall do all of the following:
(a ) Use the payments and the Grant exclusively to acquire the goods, equipment, materials, and labor necessary to develop the SWRA Pickleball Court Project all in a good and workmanlike manner and in a manner which complies with all applicable ordinances, regulations, laws, and codes, including but not limited to the Americans with Disabilities Act, etc. City shall be solely responsible for managing the construction of the SWRA Pickleball Court Project, employing all contractors, and securing all required permits and approvals related to the work.
(b ) The City will make its best effort to complete the Pickleball Courts in 18 months. and commence using the facility in connection with events that generate room nights upon completion of the Project. City shall use its best efforts to continue using the facility in connection with events that generate room nights for a minimum of ten (10) years.
(c ) Use its best efforts, in collaboration with PVT, to book events at the Courts that generate and increase tourism at SWRA and in South Placer County. City acknowledges that reserving the facility may require a minimum advance notice of 12 to 24 months. (d ) Provide prominent permanent signage at the SWRA Pickleball Court facility with PVT’s logo, recognizing PVT’s contribution to the Park, in mutually agreed upon formats and locations. Sign shall be a minimum of 2’x 3’ in dimensions. City shall provide photographs of such displays to PVT. The signage must be displayed for at least ten (10) years. City shall not use or display PVT’s logos or trademarks except in a manner authorized by PVT and/or this Agreement. (e ) Shall waive rental fees to PVT or its designated event organizer for use of the pickleball courts at SWRA for special functions, tournaments and promotions for one three-day holiday weekend, four two-day weekends and four mid-week dates. Both parties will meet annually to discuss and finalize mutually agreed upon dates for the following year.
(f ) Work collaboratively with PVT on potential joint promotions. 2827
(g ) Comply with all of the terms and conditions specified in City’s application for support, a copy of which is attached hereto as Addendum “A” and incorporated herein. In the event of a conflict between City’s application for support and this Agreement, the terms of this Agreement shall control. (h ) City shall periodically (but not less than quarterly) report to PVT regarding the status of the SWRA Pickleball Court Project and the manner in which the Grant funds have been spent. City shall keep and maintain adequate records and receipts associated with the Pickleball Court Project and upon request provide PVT with a copy of all pertinent records and receipts for all goods, equipment, materials, and labor purchased with the Grant.
(i ) City shall immediately notify PVT if any of the information provided by City concerning the SWRA Pickleball Court Project materially changes, or if there is a new development which significantly affects the facility.

3. Default by City. The failure by City to comply with the terms and provisions of this Agreement shall constitute a breach by City, the remedy for which shall include, but not be limited to, an obligation to promptly return to PVT the full amount of the Grant. In the event of any material change in the SWRA Pickleball Court Project inconsistent with the Grant, or of a material breach of any provision of this Agreement by the City, PVT shall have the right to immediately terminate this Agreement and recover any payments made to City, in addition to all other legal or equitableremedies.

4. Indemnification. City agrees to indemnify, defend, and hold harmless PVT and its officers, directors, employees, agents, and volunteers from any claims of third parties arising out of or related to any act or omission of City and/or its agents, officers, employees, and contractors in connection with this Agreement, the Grant, and/or the use and operation of the Park, except for those matters arising from PVT’s negligence or willful misconduct. The City shall maintain and require prudent insurance coverage with respect to all aspects of the Pickleball Courts Project.

5. Relationship of Parties. Each party intends for their relationship to be separate and that of an independent contractor to the extent the City undertakes any activities for PVT. PVT shall not by virtue of this Agreement, in any way or for any purpose, be deemed to have become a partner of the City in the conduct of its business, or otherwise, or joint venture or a merger of a joint enterprise with the City.

6. Entire Agreement. This Agreement is the final expression of the parties’ agreement concerning its subject matter and the complete and exclusive statement of the terms of their agreement.

This Agreement supersedes any and all prior communications, agreements, promises, and understandings, written or oral, between or among the parties pertaining to the subject matter of the Agreement. The parties, in executing this Agreement, have not relied on any inducements, promises or representations made by any other party hereto, except as provided herein. No modification or amendment of this Agreement shall be binding unless executed in writing by the parties hereto.

7. Waiver. Waiver by PVT of any default or breach of this Agreement by the City shall not be deemed a waiver of any subsequent default or breach and shall not be 2928
construed to be a modification of the terms of this Agreement. No waiver shall be valid unless made in writing and duly approved by PVT.

8. Binding Effect; Restrictions on Assignment. This Agreement shall be binding upon and shall inure to the benefit of the parties and their permitted successors and assigns. However, this Agreement is not assignable by the City.

9. Attorneys' Fees. In any legal action or other such proceeding arising out of or related to this Agreement, the prevailing party in such action shall recover against the losing party, in addition to any damages, injunctions or other relief to which the party is entitled, reasonable attorneys’ fees and costs incurred by the prevailingparty.

10. Further Acts. Without further consideration, the parties shall execute and deliver such additional documents and take such further actions as may be reasonably required to effectuate all of the terms of this Agreement.

11. Interpretation. This Agreement shall be governed by California law without regard to conflict of law principles. This Agreement shall be interpreted in accordance with the plain meaning of its terms and no rule of legal construction calling for interpretation of this Agreement in favor of one party or the other based on the party drafting the Agreement shall apply. Headings are for reference purposes only.

12. Severability. Each provision of this Agreement is intended to be severable. If any term or provision hereof is determined by a court of competent jurisdiction to be illegal or invalid or unenforceable for any reason whatsoever, such illegality or invalidity shall not affect the legality or validity of the remainder of the Agreement.

13. Counterparts. For the convenience of the parties, this Agreement may be executed in one or more counterparts and by facsimile or email signature delivery.

14. Term of Agreement. This agreement shall remain in effect for ten (10) years from the date of execution.

IN WITNESS WHEREOF, the City of Rocklin, a municipal corporation, has authorized the execution of the Agreement in duplicate by its City Manager and attested to by the City Clerk under the authority of Resolution No. , adopted
by the City Council of the City of Rocklin on the day of , 2023 and PVT has caused this Agreement to be executed.
3029
CITY OF ROCKLIN, a SOUTH PLACER COUNTY
municipal corporation TOURISM CORPORATION, a
California nonprofit corporation,
dba PLACER VALLEY TOURISM
BY: BY:

Aly Zimmermann,
City Manager Kim Summers,
Chief Executive Officer
ATTEST: and
BY:

City Clerk
BY:

Chairperson, PVT Board
APPROVED AS TO FORM:

BY:

City Attorney
3130
City Clerk
3231
City Council
Staff Report

Subject:

Boulder Ridge Park Cell Tower Generator Project
Date:

November 14, 2023
Submitted By:

Jeff Scanlon, Administrative Analyst
Department:

Parks and Recreation
Recommendation:

A
.

Adopt a Resolution of the City Council of the City of Rocklin Approving a Notice of Exemption (Vertical Bridge - Boulder Ridge Park Cell Tower Generator Project).

B
.

Adopt a Resolution of the City Council of the City of Rocklin Approving and Authorizing the City Manager to Execute the First Amendment to the Communications Site License Agreement (Vertical Bridge - Boulder Ridge Park Cell Tower Generator Project).

Background:

A Communications Site License Agreement between the City of Rocklin and Metro PCS, for the installation of a cell tower at Boulder Ridge Park, was approved on September 12, 2006 (Resolution No. 2006-290). The cell tower is now owned and operated by Vertical Bridge, who currently manages the space for T-Mobile. Vertical Bridge desires to amend the current agreement to allow for a generator on the premise.

Staff negotiated with Vertical Bridge for the requested premise expansion and ground lease at Boulder Ridge Park, which is consistent with the City of Rocklin Zoning Ordinance (Rocklin Municipal Code Title 17). The additional ground space will allow Vertical Bridge to install the requested generator, cement pad, and associated equipment. The First Amendment to Communications Site License Agreement (Attachment 3) is now presented to the City Council for approval. The terms of the amendment include the following:

Lease an additional 196 sq. ft. of ground space.

Install generator, cement pad, and associated equipment on the expanded space.

Lease payment increase of $663.05 per month.

Environmental Analysis:

The City's Environmental Coordinator has reviewed the proposed project and has determined that the project is exempt from review under the California Environmental Quality Act (CEQA) pursuant to California Code of Regulations Section 15301 - Existing Facilities. The Notice of Exemption and accompanying resolution are attached for approval (Attachment 1).

Item Number 2D.

3432

Fiscal Impact:

The City will receive an additional $7,956.60 in annual lease payments, totaling approximately $36,000 per year. The annual lease payment will increase 3% each year thereafter.

ATTACHMENTS:

1. Resolution A - Notice of Exemption

2. Resolution B - First Amendment Site License Agreement

3. First Amendment to Communications Site License Agreement

4. Resolution No. 2006-290 - Communications Site License Agreement 3533
RESOLUTION NO. 2023 -

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROCKLIN

APPROVING A NOTICE OF EXEMPTION
(Vertical Bridge - Boulder Ridge Park Cell Tower Generator Project) WHEREAS, the City of Rocklin’s Environmental Coordinator has reviewed the Vertical Bridge – Boulder Ridge Park Cell Tower Generator Project (“Project”) and determined that it is exempt from review under the California Environmental Quality Act pursuant to California Code of Regulations Section 15301 – Existing Facilities; and WHEREAS, a Notice of Exemption has been prepared for the Project.

NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Rocklin as follows:

Section 1. Based on the review and determination of the Environmental Coordinator, the City Council of the City of Rocklin finds that the Project is exempt from review under the California Environmental Quality Act.

Section 2. A Notice of Exemption is approved for the Project.

Section 3. Upon approval of the Project by the City Council, the Environmental Coordinator may file the Notice of Exemption with the County Clerk of Placer County and, if the Project requires a discretionary approval from any state agency, with the State Office of Planning and Research, pursuant to the provisions of Section 2115(b) of the Public Resources Code and the State EIR Guidelines adopted pursuant thereto.

PASSED AND ADOPTED this 14th day of November 2023, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:
__________________________________
Mayor, Ken Broadway
ATTEST:
____________________________
Haley Reid, Acting City Clerk
3634

Reso. 2023-

NOTICE OF EXEMPTION
TO: County Clerk, County of Placer FROM: City of Rocklin 2954 Richardson Blvd. Parks and Recreation Dept.

Auburn, CA 95604-5228 5460 5th Street
Rocklin, CA 95677
Project Title:

Vertical Bridge - Boulder Ridge Park Cell Tower Generator Project Project Location - Specific: The subject property is located at Boulder Ridge Park, 3555 Park Drive, Rocklin, CA 95765. APN 374-450-029.

Project Location - City: Rocklin, CA; County: Placer
Description of Nature, Purpose and Beneficiaries of Project: The project consists of the installation of a generator, cement pad, associated equipment and the use of one hundred ninety-six (196) square feet of ground space lease area on City-owned property.

Name of Public Agency Approving Project:

City of Rocklin City Council
Name of Person or Agency Carrying Out Project
The applicant is VB-S1 Assets, LLC, c/o Vertical Bridge REIT, LLC, 750 Park of Commerce Drive, Suite 200, Boca Raton, Florida 33487, Attn: General Council, Ref: US-CA-7083.

Exempt Status (Check one)
_x_ Categorical Exemption (Sec. 15300 et seq.): Section 15301 – Existing Facilities.

Reasons why the project is exempt. The project consists of the installation of a new generator and cement pad to an existing cellular communications tower and installation of the associated equipment and infrastructure as described above. Class 1 exemptions consist of the minor alteration of existing public or private structures, involving negligible or no expansion of use beyond that existing at the time of the lead agency’s determination.

The project as proposed is consistent with the exemption class description noted above and is exempt pursuant to Class 1 of the CEQA Guidelines.

Contact Person: Shawn Darling, Parks and Recreation Manager Date Received for Filing: _________________________
Signature: ______________________________________
Shawn Darling, Parks and Recreation Manager
3735
RESOLUTION NO. 2023 -

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROCKLIN

APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN

AMENDMENT TO THE COMMUNICATIONS SITE LICENSE AGREEMENT
(Vertical Bridge - Boulder Ridge Park Cell Tower Generator Project) 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 finds and determines that the installation of a communications facility in the City of Rocklin (APN: 374-150-029) is consistent with the City of Rocklin Zoning Ordinance, Rocklin Municipal Code Title 17.

Section 2. The City Council has approved a Notice of Exemption for the Project by Resolution No. 2023 - ______.

Section 3. The City Council hereby approves and authorizes the City Manager to execute the First Amendment to the Communications Site License Agreement (Vertical Bridge – Boulder Ridge Park Cell Tower Generator Project), in a form substantially similar to Exhibit “A”, attached hereto and incorporated herein.

Section 4. The City Clerk is hereby directed to record or have recorded the Memorandum of License in a form substantially similar attached hereto as Exhibit “C” to the First Amendment To Communications Site License Agreement, once it is fully executed and notarized, in the Office of the Placer County Recorder.

PASSED AND ADOPTED this 14th day of November 2023, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:
__________________________________
Mayor, Ken Broadway
ATTEST:
____________________________
Haley Reid, Acting City Clerk
3836
1 Site Name: Stanford Ranch North
Site Number: US-CA-7083

FIRST AMENDMENT TO COMMUNICATIONS SITE LICENSE AGREEMENT

THIS FIRST AMENDMENT TO COMMUNICATIONS SITE LICENSE AGREEMENT (this “First Amendment”), dated as of this _____ day of _____________________, 20__ (the “Effective Date”), by and between City of Rocklin (the “Licensor”), and VB-S1 Assets, LLC , a Delaware limited liability company (the “Licensee”), recites and provides:

RECITALS
WHEREAS, Licensor is the fee owner of certain real property located in Placer County, California, as more particularly described on Exhibit A (the “Property”).

WHEREAS, Licensee, by way of assignment, is the tenant under that certain Communications Site License Agreement by and between Licensor and MetroPCS California LLC, dated as of September 12, 2006 (as previously assigned and as further amended herein, the “Original License ”). (the “ First Amendment ” and together with the Original License, as assigned and as further amended herein, collectively, the “License”).

WHEREAS, Licensor licenses to Licensee a portion of the Property, as more particularly described on Exhibit B (the “Premises”).

WHEREAS, Licensee owns, operates, and maintains one or more wireless communications towers, equipment, shelters, and other associated improvements on the Premises (“Improvements”).

WHEREAS, Licensor and Licensee now desire to enter into this First Amendment in order to modify and amend certain provisions of the Original License. as more particularly provided below.

AGREEMENT
NOW, THEREFORE, in consideration of the mutual agreements set forth below and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows.

1. Defined Terms; Recitals & Conflicts. The terms and conditions of the Original License are incorporated herein by this reference, and Capitalized terms used but not defined herein shall have the meanings given to such terms in the Original License. The recitals set forth here and above are true and correct in all respects and are incorporated herein by reference. Except as specifically set forth herein, this First Amendment shall in no way modify, alter or amend the remaining terms of the Original License, all of which are ratified by the parties and shall remain in full force and effect. To the extent there is any conflict between the terms and conditions of the Original License and this First Amendment, the terms and conditions of this First Amendment will govern and control

2. Expansion of the Premises. Licensee requires an additional One Hundred and Ninety-Six square feet (196 sq. ft.) expansion of the Premises (“ Expansion Space”), as depicted on Exhibit B-1. In the month following the installation of the additional improvements within the 3937
2 Site Name: Stanford Ranch North
Site Number: US-CA-7083
Expansion Space by Licensee, the Rent shall increase by Six Hundred and Sixty-Three and 5/100 Dollars ($663.05), in consideration for the Expansion Space (“ Expansion Rent ”). Once the Expansion Rent is due and owing by Licensee as set forth above, the Expansion Rent shall be payable to Licensor at the times and in the manner set forth in the Original License for payment of Rent including an annual increase by an amount equal to three percent (3%) of the Expansion Rent in effect for the previous twelve (12) months of the term; provided, however, Licensee may terminate the Expansion Space in its sole discretion upon thirty (30) days written notice to Licensor, and Expansion Rent shall cease for the month immediately following such notice, provided Licensee has removed all above-ground improvements upon the Expansion Space in accordance with the terms of the Original License. Licensor and Licensee agree that each and every reference in the Original License to “Premises” shall also include the “Expansion Space” (if any).

3. Exclusive Use. In addition to any other use rights granted by the Original License, Licensee shall have the exclusive right to use the Premises for purposes of constructing, maintaining, and operating wireless communication infrastructure. Licensor shall not grant any right to a third-party which would affect all or part of the Premises in any way that competes, interferes, or conflicts with this exclusive use by Licensee.

4. Licensor Mortgage. In the event the Property is encumbered by a mortgage or deed of trust or other security instrument of any kind (a “Licensor Mortgage”), Licensor, within fifteen (15) days following Licensee’s request or immediately prior to the creation of any encumbrance created after the date this agreement is fully executed, will obtain from the holder of each such Licensor Mortgage a fully-executed subordination, non-disturbance and attornment agreement (a “SNDA”) in recordable form, which shall be prepared or approved by Licensee. The holder of every such Licensor Mortgage shall, in the SNDA, agree that in the event of a foreclosure, or conveyance in lieu of foreclosure of Licensee’s interest in the Premises, such Licensor Mortgage holder shall recognize and confirm the validity and existence of the License, as amended, and Licensee shall have the right to continue its use and occupancy of the Premises in accordance with the provisions of the License, as amended, provided Licensee is not in default of the License beyond applicable notice and cure periods.

5. Licensee Mortgage. Licensor consents to the granting by Licensee of a lien and security interest in Licensee’s interest in this License and all of Licensee’s personal property and fixtures attached to the Property, and furthermore consents to the exercise by Licensee’s lender of its rights of foreclosure with respect to its lien and security interest. Licensor agrees to recognize Licensee’s Lender as Licensee hereunder upon any such exercise by Lender of its rights of foreclosure.

6. Memorandum of License. Licensee shall be permitted to record a Memorandum of License, or Memorandum of Amendment of License, as applicable (“MOL”), in the form attached as Exhibit C, reflecting the terms of the Original License as modified by this First Amendment, and Licensor shall promptly execute such MOL at Licensee’s request.

7. Survey of Premises. If an accurate, surveyed legal description of the Premises has not been incorporated into the License, Licensee may conduct an updated survey of the Premises, 4038
3 Site Name: Stanford Ranch North
Site Number: US-CA-7083
at Licensee’s sole cost and expense, to be used to replace any such erroneous legal descriptions, drawings, depictions, or site plans, previously attached as attachments, exhibits, schedules, or other supplements to the License, upon reasonable approval by the Licensor, which approval shall not be unreasonably withheld, conditional, or delayed. Upon reasonable approval by Licensor, such surveyed legal descriptions shall serve as the “Premises” under the License, shall supersede any other descriptions of the Premises in the License, shall be attached by Licensee through an additional “Premises Addendum” to the License at a later time, and may be done within five (5) years of the Effective Date.

8. Notices. All notices under the License shall be delivered by Federal Express, or US certified mail return receipt requested, and addressed to:

If to Licensee:

VB-S1 Assets, LLC
c/o Vertical Bridge REIT, LLC
750 Park of Commerce Drive, Suite 200
Boca Raton, Florida 33487
Attention: General Counsel
Ref: US-CA-7083
If to Licensor:

City of Rocklin
3970 Rocklin Road
Rocklin, California 95677
Email: [email protected].

Phone: 916-870-4169

9. Estoppels. The Licensor shall, within ten (10) business days of the request of the Licensee or any lender or prospective lender of Licensee, provide an estoppel certificate as to any matters reasonably requested by the Licensee or Licensee’s lender.

10. Confidentiality. Licensor shall keep the terms of the License confidential, and shall not disclose any terms contained within the License to any third-party other than such terms as are set forth and recorded in an applicable memorandum of license, other than in connection with a bona fide third-party sale of the fee interest in the Property or in connection with financing by a third-party institutional bank or as required by law.

11. Representations of Licensor. Licensor warrants and represents that: (i) it is the owner in fee simple of the Premises; (ii) it alone has full right to license the Premises on the terms of the License, as amended; and (iii) it has the full authorization and authority to execute this First Amendment.
4139
4 Site Name: Stanford Ranch North
Site Number: US-CA-7083

12. Counterparts/Digital Signatures. This First Amendment may be executed in counterparts with the same effect as if both parties hereto had executed the same document. Both counterparts shall be construed together and shall constitute a single document. Delivery of a copy of this First Amendment bearing an original signature by facsimile transmission, by electronic mail in “portable document format” (“.pdf”) form, or by any other electronic means intended to preserve the original graphic and pictorial appearance of a document, will have the same effect as physical delivery of the paper document bearing the original signature. For the purposes of this section, “original signature” means or refers to a signature that has not been mechanically or electronically reproduced.

13. Ratification. Except as amended and modified herein, the Original License is ratified and confirmed in all respects and shall continue in full force and effect. In the event of any dispute between the terms of the Original License and this First Amendment, the terms of this First Amendment shall govern and supersede those set forth in the Original License. [The remainder of this page is intentionally blank; signature page follows.] 4240
Site Name: Stanford Ranch North
Site Number: US-CA-7083
IN WITNESS WHEREOF, the parties hereto have executed this First Amendment as of the Effective Date.

LICENSOR:

City of Rocklin
By: ______________________________
Name: ____________________________
Title: _____________________________
Date: _____________________________
[Licensor’s Signature Page to Amendment]
4341
Site Name: Stanford Ranch North
Site Number: US-CA-7083
LICENSEE:

VB-S1 Assets, LLC
By: _____________________________
Name: Adam Ginder
Title: VP and Associate General Counsel
Date: ____________________________
[Licensee’s Signature Page to Amendment]
4442
Site Name: Stanford Ranch North
Site Number: US-CA-7083
Exhibit A
Description of the Property (Parent Parcel)
Licensee, at Licensee’s cost will have a survey completed of the Property and replace the depiction below with a legal description of the Premises. 4543
Site Name: Stanford Ranch North
Site Number: US-CA-7083
Exhibit B
Legal Description of the Premises
Licensee, at Licensee’s cost will have a survey completed of thePremises and replace the depiction below with a legal description of the Premises 4644
Site Name: Stanford Ranch North
Site Number: US-CA-7083
Exhibit B-1
Expansion Premises
Licensee, at Licensee’s cost will have a survey completed of the Expansion Premises and replace the depiction below with a legal description of the Expansion Premises. 4745
Site Name: Stanford Ranch North
Site Number: US-CA-7083
Exhibit C
Form of Memorandum of License
[SEE ATTACHED]
4846
Site Name: Stanford Ranch North
Site Number: US-CA-7083
_____________________________________________________________________________________ (Above 3” Space for Recorder’s Use Only)
Upon Recording Return to:

Vertical Bridge REIT, LLC
750 Park of Commerce Drive, Suite 200
Boca Raton, Florida 33487
Attn: General Counsel
Site Name: Stanford Ranch North
Site Number: US-CA-7083

FIRST MEMORANDUM OF AMENDMENT TO COMMUNICATIONS SITE LICENSE

AGREEMENT
This First Memorandum of Amendment to Communications Site license Agreement (“Memorandum”) evidences a Communications Site license Agreement , dated September 12, 2006 (the “Original License”) by and between City of Rocklin , whose address is 3970 Rocklin Road, Rocklin, California 95677 (“ Licensor”), and VB-S1 Assets, LLC, a Delaware limited liability company, whose mailing address is 750 Park of Commerce Drive, Suite 200, Boca Raton, Florida 33487 (“Licensee”).

WHEREAS, Licensor owns certain real property (the “ Property”) described on Exhibit A-1 attached hereto.

WHEREAS, pursuant to the Original License, Licensor licenses to Licensee a portion of the Property (the “Premises”) described on Exhibit A-2 (and together with Exhibit A-1, collectively, Exhibit A).

WHEREAS, the Original License commenced on December 31, 2006, for an initial term of Five (5) years, with Five (5) renewal terms of Five (5) years each.

WHEREAS, the Original License, as amended (“License”), further provides as follows:

1. The Premises may be used exclusively by Licensee for certain purposes, including without limitation, erecting, installing, operating, reconstructing, and maintaining certain radio and communications towers, buildings, and equipment.

2. This Memorandum is not intended to amend or modify and shall not be deemed or construed as amending or modifying, any of the terms, conditions or provisions of the Original License. In the event of a conflict between the provisions of this Memorandum and the provisions of the Original License, the provisions of the Original License shall control. The License shall be binding upon and inure 4947
Site Name: Stanford Ranch North
Site Number: US-CA-7083
to the benefit of Licensor and Licensee and shall inure to the benefit of their respective heirs, successors, and assigns, subject to the provisions of the License.
[THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK, SIGNATURES BEGIN ON NEXT PAGE]
5048
Site Name: Stanford Ranch North
Site Number: US-CA-7083
IN WITNESS WHEREOF, the parties hereto have executed this MEMORANDUM as of the date last signed by a party hereto.

WITNESSES:

Name:

Name:

LICENSOR:

City of Rocklin
By:

Name:

Title:

Date:

CALIFORNIA ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document
State of California
County of _____________________________)
On , 20 before me,
(insert name and title of the officer) personally appeared (name of signatory), who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature (Seal)
5149
Site Name: Stanford Ranch North
Site Number: US-CA-7083
[Licensee’s Signature Page to Memorandum]

STATE OF FLORIDA

COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this , 20 , by (name of signatory),
(title of signatory) of VB-S1 Assets, LLC, a Delaware limited liability company, on behalf of the company. He/she is personally known to me.

Notary Public
Print Name:

My Commission Expires:

WITNESSES:

Name:

Name:

LICENSEE:

VB-S1 Assets, LLC,
a Delaware limited liability company
By:

Name:

Title:

Date:
5250
Site Name: Stanford Ranch North
Site Number: US-CA-7083

EXHIBIT A
(TO MEMORANDUM OF LEASE)
EXHIBIT A-1
The Property
Licensee, at Licensee’s cost will have a survey completed of the Property and replace the depiction below with a legal description of the Premises.

EXHIBIT A-2
The Premises
Licensee, at Licensee’s cost will have a survey completed of the Premises and replace the depiction below with a legal description of the Premises. 5351
RESOLUTION NO. 2006-290

RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF ROCKLIN

APPROVING AND AUTHORIZING THE

CITY MANAGER TO EXECUTE A

COMMUNICATIONS SITE LICENSE AGREEMENT
(MetroPCS/Boulder Ridge Neighborhood Park)
The City Council of the City of Rocklin does resolve as follows:

Section 1. The City Council of the City of Rocklin finds and determines that the installation of a cellular antenna on a tree pole in Boulder Ridge Neighborhood Park is consistent with the City of Rocklin Zoning Ordinance, Rocklin Municipal Code Title

17. Section 2. The City Council of the City of Rocklin hereby approves and authorizes the City Manager to execute a Communications Site License Agreement (MetroPCS/Boulder Ridge Neighborhood Park), in the form attached hereto as Exhibit A and by this reference incorporated herein.

PASSED AND ADOPTED this 12'h day of September, 2006, by the following roll call vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

ATTEST:
c&f&t; ,hmc.t.x<A
Barbara Ivanusich, City Clerk
Storey, Yorde, Hill, Lund, Magnuson
None
None
None
or
e:\clerk\reso\metroPCS site license agr@ Boulder Ridge Neighborhood Park/cvh 5452

EXHIBIT A

CITY OF ROCKLIN

COMMUNICATIONS SITE LICENSE AGREEMENT
(MetroPCS, Inc. at Boulder Ridge Neighborhood Park)
THIS COMMUNICATIONS SITE LICENSE AGREEMENT ("License") dated as of September 12, 2006, is by and between the CITY OF ROCKLIN, a municipal corporation, (hereinafter called "City") and MetroPCS California LLC, a Delaware limited liability company ("Licensee") whose address is 785 Orchard Dr., Ste 200, Folsom, CA 95630. The parties hereto agree as follows:

I. Premises. City owns the real property which is a portion of Parcel 60 as shown on the Map entitled "Whitney Oaks Phase 2B-Large Lot Subdivision" filed in Book "V" of Maps, Page 29, Placer County Records, commonly known as Boulder Ridge Neighborhood Park ("City's Property"). Subject to the following terms and conditions, City licenses to Licensee that portion of City's Property described and depicted in Exhibit "l" including all necessary and reasonable access rights for installation, operation, and maintenance of Licensee's equipment, structures, and utilities (the "Premises").

2. Use.

A. The Premises may be used by Licensee for any lawful activity in connection with the provision of mobile/wireless communications services, including without limitation, the transmission and the reception of radio communication signals on various frequencies and the construction, maintenance, and operation of related communications facilities, subject to the terms and conditions of this license.

B. Licensee shall use the Premises in compliance with all applicable laws, statutes, ordinances, rules, regulations, and orders now or later in effect.

C. City agrees, at no expense to City, to cooperate with Licensee, in making application for and obtaining all licenses, permits, and any and all other necessary approvals that may be required for Licensee's intended use of the Premises.

D. The terms and conditions in this License are offered solely to Licensee as an inducement to execute the License for the Premises. City would not necessarily license the Premises to another licensee on such favorable terms and conditions, it being understood that City is specifically relying on the identity of Licensee in agreeing to the terms and conditions in this License. Licensee acknowledges that the License terms and conditions are for Licensee's benefit only so long as Licensee operates the business allowed by this License. But for the previously stated reasons, City would not enter into this License. Therefore, Licensee shall not voluntarily, involuntarily, or by operation of laws, sublet all or any part of the Premises or allow it to be sublet, occupied, or used by any person or entity other than Licensee except as otherwise permitted under section 12.

to Reso. No. 2006-290
5553

3. Term. This License is binding and in effect upon full execution by City and Licensee. The initial term of this License ("Initial Term'") shall be five (5) years conunencing upon the date of conunencement of construction of Licensee's Facilities or upon December 31, 2006, whichever occurs first ("Conunencement Date"). Licensee shall have the right to extend the term of this License for five ( 5) additional terms ("Renewal Term") of five (5) years each. The terms and conditions for the Renewal Term shall be the same terms and conditions of this License, except that the License Fee shall be increased as set forth in Section 4. This License shall automatically be extended for each successive five (5) year Renewal Term unless Licensee notifies City in writing of Licensee's intention not to extend this License at least thirty (30) days prior to the expiration of the Initial Term or any Renewal Term.

4. License Fee and Other Consideration.

A. In consideration of the rights granted by this License, Licensee shall pay license fee ("License Fee") to the City annually in advance during the term of this License as follows:

I. On the Commencement Date, Licensee shall pay to City an initial License Fee payment of Eighteen Thousand and 00/100 Dollars ($18,000) for the initial License year running through midnight of the day before the first anniversary of such date. Thereafter, the License Fee shall be due on each anniversary of such date and shall be increased by an amount equal to three percent (3%) of the License Fee in effect for the previous twelve ( 12) months of the term.

B. If utilities for Licensee's Facilities are provided by City, Licensee shall pay as an additional License Fee the cost of utility service provided to the Premises and attributable to Licensee's use ("Utility Charge"). Licensee shall pay the estimated cost of the Utility Charge annually in advance together with the annual License Fee. The parties estimate the Utility Charge to be Two Hundred Dollars ($200) per month. At least annually during the License Term, City (or at City's election, Licensee) shall calculate the actual Utility Charge for the inunediately preceding twelve (12) months based on readings from the utility meters at the Property and on the rates currently charged by the applicable utility. Any excess paid will be credited to Licensee's next due Utility Charge and any shortage shall be paid by Licensee to City within ten (10) days of notice of such calculation. Upon the first anniversary of License Fee becoming due, and on each such anniversary thereafter, at City's or Licensee's opinion, the estimated Utility Charge paid by Licensee may be increased or decreased to equal the average actual Utility Charge paid for the preceding year. Calculation of the actual Utility Charge due shall be made jointly by City and Licensee.

C. Licensee shall install a tree pole for cellular conununications antennas on the location depicted on Exhibit "I" and according to the specification and elevations contained in Exhibit"!." The height of the antennas shall not exceed 35 feet.

to Reso. No. 2006-290
5654
The tree design and materials shall be subject to approval of the Director of Community Services and Facilities (the "Director").

The park must remain open throughout construction. The work schedule must be coordinated and approved by the Director. Licensee is responsible for repair to any portion of the existing parks improvements damaged during the work as reasonably determined by the Director. In this connection, Licensee shall submit its complete building permit application to the City within 90 days of the date of this Agreement (complete with soils report, foundation design, and pole structural calculations) and Licensee shall pull the building permit within two weeks from the date City notifies Licensee that the building permit is available for pick up.

D. The site plan approved by the Director requires that an existing light pole be relocated. Licensee shall relocate this light pole to the area depicted on Exhibit "I".

E. Licensee shall construct an equipment storage building of approximately 12 feet by 20 feet in the location depicted on Exhibit "I" and according to the elevations described in Exhibit"!." The design of the equipment storage building is subject to approval by the Director.

F. Licensee shall construct an 8 foot wide concrete service path to provide access to the cellular tower and equipment building. The service path shall be built with a structure comprised of 6-inch thick concrete (6 sack mix - 3,000 psi minimum) over 6 inches of aggregate base compacted to 95%. The service path shall be located on the area depicted on Exhibit "I."
G. If the License Fee is not received by City on or before the thirtieth (30th) day following the due date, it shall be deemed delinquent. If the License Fee is not paid before delinquency, then the amount due and unpaid shall be subject to a late charge at the rate of five percent (5%) of the overdue amount, without limitation to City's other rights and remedies under this License.

5. Improvements; Access.

A. Licensee shall have the right (but not the obligation) at any time following the full execution of this License to enter the Premises for the purpose of making necessary inspections and engineering surveys ( and soil tests where applicable) and other reasonably necessary tests ( collectively "Tests") to determine the suitability of the Premises for Licensee's Facilities (as defined herein) and for the purpose of preparing for the construction of Licensee's Facilities. During any test or pre-construction work, Licensee will have in effect the insurance required in Section 11, Insurance. Licensee will notify City of any proposed Tests or pre-construction work and will coordinate the scheduling of same with City. If Licensee determines that the Premises are unsuitable for Licensee's contemplated use, then Licensee will notify City and this License will terminate.

to Reso. No. 2006-290
5755
B. Subject to all terms and conditions of this License, Licensee has the right to construct, maintain and operate on the Premises radio communications facilities, including but not limited to, radio frequency transmitting and receiving equipment, batteries, utility lines, transmission lines, radio frequency transmitting and reserving antennas and structures, ("Licensee's Facilities"). In connection therewith, Licensee has the right to do all work necessary to prepare, add, maintain and alter the Premises for Licensee's Facilities and communications operations and to install utility lines and transmission lines connecting antennas to transmitters and receivers, except that any change to the Licensee's Facilities affecting the visual appearance of the site or any substantial change in Licensee's Facilities shall be prohibited until approved in writing by City, such approval will not be unreasonably withheld, unreasonably conditioned, or unreasonably delayed. Notwithstanding the foregoing, Licensee, shall be entitled to exchange and replace equipment and antennas within the Premises provided the physical dimensions of the new equipment or antennas substantially conforms with the previously installed equipment.

C. All of Licensee's construction and installation work shall be performed at Licensee's sole cost and expense, in a good and workmanlike manner, and shall be coordinated with the Director of Community Services and Facilities. Any damage caused to the park improvements by Licensee, its sublessees, licensees, employees, agents, or invitees, shall be promptly repaired at the sole cost and expense of Licensee. If Licensee fails to make any required repairs to the Premises or City's Property, City may, at its option, cause such repairs to be made and demand reimbursement from Licensee, provided the City has notified Licensee in writing of its failure to make repairs and has given Licensee five (5) days from receipt of such notice to make the repairs.

D. Title to Licensee's Facilities installed or placed on the Premises by Licensee shall be held by Licensee. Licensee has the right to remove all of Licensee's Facilities at its sole expense on or before the expiration or termination of this License, except those portions of Licensee's Facilities which are fully integrated into City owned property. It is the intent of the parties that electrical service and lighting for park facilities shall be a permanent City installation and all electrical service components, panels, conduits, conductors, lights, and all associated structures and buildings shall remain in place upon termination of this License and title to same shall revert to the City of Rocklin. City shall take title to said facilities in their then existing "AS-IS, WHERE­ IS" condition, without representation or warranty from Licensee. All of Licensee's communication equipment shall at all times be and remain Licensee's personal property, not be considered fixtures, and in no event shall any part of Licensee's Facilities or communications equipment be deemed or considered "integrated into city owned property." City acknowledges that Licensee may enter into financing arrangements including promissory notes and financial and security agreements for the financing of Licensee's Facilities with a third party financing entity and may in the future enter into additional financing arrangements with other financing entities. In connection therewith, City (i) consents to the installation of Licensee's Facilities; (ii) disclaims any interest in Licensee's Facilities, as fixtures or otherwise; and (iii) agrees that Licensee's Facilities

to Reso. No. 2006-290
5856
shall be exempt from execution, foreclosure, sale, levy, attachment, or distress for any Licensee Fee due or to become due and that Licensee's Facilities may be removed at any time without recourse to legal proceedings.

E. City shall provide access to Licensee, Licensee's employees, agents, contractors and subcontractors to the Premises twenty-four (24) hours a day, seven (7) days a week, at no charge to Licensee. City represents and warrants that it has full rights to ingress to and egress from the Premises, and hereby grants such rights to Licensee to the extent required to construct, maintain, install and operate Licensee's Facilities on the Premises. Licensee's exercise of such rights shall not cause undue inconvenience to City.

F. City shall maintain all existing access pathways from the nearest public roadway to the Premises in a manner sufficient to allow access. City shall be responsible for maintaining and repairing such access pathways, and the service path to be constructed by Licensee, at its sole expense, except for any damage caused by Licensee's use of such access pathways. If Licensee causes any such damage, it shall promptly repair same.

G. Licensee shall fully and promptly pay for all utilities furnished to the Premises for the use, operation and maintenance of Licensee's Facilities. City shall fully and promptly pay for, and Licensee shall have no responsibility for payment of, utilities used by City for park operations, or otherwise.

6. Interference with Communications. Licensee's Facilities shall not disturb the communications configurations, equipment and frequency which exist on City's Property on the date of this License and which lawfully operate within their licensed authority in compliance with all applicable laws (including all non-interference rules of the Federal Communications Commission ("FCC")) and with all applicable agreements with the City ("Pre-existing Communications"). City shall not permit the use of or any activity upon any portion of City's Property in a way which interferes with the Licensee's Facilities and the communications operations of Licensee described in Section 2, above. Such interference with Licensee's Facilities and communications operations shall be deemed a material breach by City, and City shall have the responsibility to promptly terminate said interference. In the event any such interference does not cease promptly, the parties acknowledge that continuing interference will cause irreparable injury to Licensee, and therefore, Licensee shall have the right, without limitation as to its other remedies under this license or applicable law, to bring action to enjoin such interference or to terminate the License immediately upon notice to City.

Notwithstanding the foregoing, Pre-existing Communications operating in the same manner as on the date of this License shall not be deemed interference.

7. Taxes. Licensee shall pay all taxes assessed against Licensee's Facilities.

Pursuant to California Revenue and Taxation Code section 107 .6, Licensee is notified that the property interest acquired by Licensee in the Premises under this Agreement may

to Reso. No. 2006-290
5957
be subject to property taxation as a possessory interest in real property, and Licensee may be subject to the payments of property taxes levied on that interest.

8. Termination. This License may be terminated on thirty (30) days prior written notice as follows:

A. By either party upon a default of any covenant, condition, or term hereof by the other party, which default is not cured within sixty (60) days of receipt of written notice of default, provided that if such default is curable, but not curable within such sixty (60) day period, then within such period of time as is reasonably necessary to accomplish such cure (in order to avail itself of this time period in excess of sixty (60) days, the defaulting party must send to the other party, within the sixty (60) day period, a written plan to cure the default, which is reasonably acceptable to the other party, and the defaulting party diligently commences and continues performance of such cure to completion according to the written plan).

B. By either party if Licensee does not obtain or maintain licenses, permits, or other approvals necessary to the construction or operation of Licensee's Facilities;
C. By City if Licensee fails to install the tree pole, equipment building, and service path within twelve (12) months of the date City issues the building permit;
D. By Licensee if Licensee is unable to occupy or utilize the Premises due to ruling or directive of the FCC or other governmental or regulatory agency, including, but not limited to, a take back of channels or change in frequencies; E. By Licensee if Licensee determines that the Premises are not appropriate for its operations for economic, environmental, or technological reasons, including without limitation, signal strength or interference; or F. By City, according to the terms of Section 14 (D) herein.

G. In the event of a termination of this License by Licensee if Licensee determines that the Premises are not appropriate for its operations for economic, environmental, or technological reasons, including without limitation, signal strength or interference which occurs at any time within the Initial Term of this License, Licensee shall be liable for all License Fee due City through the remainder of the then-current License Year. The balance shall be paid within 30 days of the effective date of termination ofthis license.

H. In the event of a termination of this License for any cause in any term after the initial five-year term, except default and failure to cure by City, Licensee shall not receive a refund of any rental amounts paid in advance to City.

to Reso. No. 2006-290
6058

9. Destruction of Premises. If the Premises or City's Property is destroyed or damaged so as in Licensee's judgment to hinder its effective use of City's Property, Licensee may elect to terminate this License as of the date of the damage or destruction. by so notifying City no more than forty-five (45) days following the date of damage or destruction. In such event, all rights and obligations of the parties which do not survive the termination of this License shall cease as of the date of the damage or destruction.

Licensee shall have sixty ( 60) days from the date it terminates this License to remove its Equipment and all other personal property which it owns from the Premises.

10. Condemnation. Ifa condemning authority takes all of City's Property, or a portion which in Licensee's opinion is sufficient to render the Premises unsuitable for Licensee's use, then this License shall terminate as of the date when possession is delivered to the condemning authority. In any condemnation proceeding each party shall be entitled to make a claim against the condemning authority for just compensation (which for Licensee shall include the value of Licensee's Facilities, prepaid License Fee, and any other amounts recoverable under condemnation law). Sale of all or part of the Premises to a purchaser with the power of eminent domain in the face of the exercise of its power of eminent domain shall be treated as a taking by a condemning authority.

11. Insurance.

A. Licensee shall maintain in full force and effect the following types of insurance in the amounts specified:

I. General Liability. Licensee shall maintain in full force and effect a policy of commercial general liability insurance (ISO occurrence form CG000l) with limits no less than the following: One Million Dollars ($1,000,000) per occurrence for bodily injury, personal injury, and property damage. If a general aggregate limit is used, either the general aggregate limit shall apply separately to this agreement, or the general aggregate limit shall be twice the required occurrence limit

2. Umbrella Liability. Licensee shall maintain in full force and effect umbrella liability limits of Four Million Dollars ($4,000,000) each occurrence/Four Million aggregate.

3. Worker's Compensation and Employer's Liability
Insurance. Licensee shall fully comply with the law of California concerning worker's compensation. Said compliance shall include, but not be limited to, maintaining in full force and effect one or more policies of insurance insuring against any liability Licensee may have for worker's compensation. Licensee shall also maintain in full force and effect a policy of employees liability insurance with limits no less than the following: One Million Dollars ($1,000,000) each accident; One Million Dollars ($1,000,000) policy limit bodily injury by disease; One Million Dollars ($1,000,000) each employee bodily injury by disease.

to Reso. No. 2006-290
6159

4. Automobile. Licensee shall maintain in full force and effect a policy of commercial automobile liability insurance (ISO Form CA000 I Code 1 (any auto) or Code 8, 9 ifno automobiles owned), with limits no less than the following:

One Million Dollars ($1,000,000) per accident for bodily injury and property damage.

B. The general liability and automobile policies are to contain, or be endorsed to contain, the following provisions:

I. The City, its officers, employees, and volunteers shall be added as additional insureds with respect to liability arising out of automobiles owned, leased, hired, or borrowed by or on behalf of Licensee, and with respect to liability arising out of work or operations performed by or on behalf of the Licensee including materials, parts, or equipment furnished in connection with such work or operations.

Coverage shall not extend to any indemnity coverage for the active negligence of the additional insured in any case where an agreement to indemnify the additional insured would be invalid under subdivision (b) of section 2782 of the Civil Code.

2. For any claims related to work or operations performed by or on behalf of Licensee, the Licensee's insurance coverage shall be primary insurance as respects the City, its officers, employees, and volunteers. Any insurance or self­ insurance maintained by the City, its officers, employees, or volunteers shall be excess of the Licensee's insurance and shall not contribute with it.

3. Coverage shall not be canceled by the Insurer except after thirty (30) days prior written notice has been given to the City.

C. The insurance company or companies providing Licensee the coverages required by this Agreement shall be written by a carrier acceptable to City.

D. Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of City, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, if officers, employees, and volunteers; or the Licensee shall procure a bond guaranteeing payment of losses and related investigations, claim administration, and defense expenses.

E. The insurance shall be maintained from the time Licensee's activities first commence through the entire term of this License if an occurrence policy form is used. If a claims made policy form is used, the following requirements apply:

1. The "Retro Date" must be shown, and must be before the date of the License or the beginning Licensee's activities.

2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of Licensee's activities.

to Reso. No. 2006-290
6260

3. If coverage is canceled or non-renewed, and not replaced with another claims made policy form with a "Retro Date" prior to the effective date of the License, the Licensee must purchase "extended reporting" coverage for a minimum of five (5) years after completion of Licensee's activities.

4. A copy of the claims reporting requirements must be
submitted to the City for review.

F. If Licensee, for any reason, fails to maintain insurance coverage which is required under this License, the failure shall be deemed a material breach and default of this License. If Licensee fails to obtain or maintain any insurance required by this License, City shall have the right to purchase the insurance and Licensee shall reimburse the full cost of such insurance within 3 0 days of purchase. If Licensee fails to reimburse City for insurance, the amount of unpaid reimbursement shall bear interest at the maximum rate permissible under law until paid.

G. Licensee shall secure coverage for its subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.

H. Concurrently with the execution of this Agreement, Licensee shall furnish City with fully completed and properly executed certificates of insurance for each type of coverage required. Certificates shall be on forms provided by the City.

Licensee shall replace certificates of insurance for policies expiring prior to completion of the work under the Agreement, and shall continue to furnish certificates for five years beyond the Agreement termination date, when Licensee has a claims made form of insurance.

I. Concurrently with the execution of this Agreement, Licensee shall furnish City with endorsements effecting coverage required by this Agreement. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City.

J. Licensee shall have the right to self-insure with respect to any of the above insurance only upon receiving written approval of City.

12. Successors and assigns. Licensee may not sublicense or assign this Agreement, or allow collocation, provided, however, Licensee shall have the right to sublicense or assign its rights under this Agreement without consent of City, to any of its subsidiaries, affiliates, or successor legal entities or to any entity acquiring substantially, all of the assets of Licensee. Notwithstanding anything to the contrary contained in this Agreement, Licensee may assign, mortgage, pledge, hypothecate or otherwise transfer without consent its interest in this Agreement to any financing entity, or agent on behalf of any financing entity to whom Licensee (i) has obligations for borrowed money or in respect

to Reso. No. 2006-290
6361
of guaranties thereof, (ii) has obligations evidenced by bonds, debentures, notes or similar instruments, or (iii) has obligations under or with respect to letters of credit, bankers acceptances and similar facilities or in respect of guaranties thereof. Licensee shall provide to City written notification stating the name of the financing entity within thirty (30) days of such assignment.

This License shall inure to the benefit of and be binding upon the heirs, successors, and assigns of the parties.

13. Title Insurance. Licensee has the right to obtain a title report or Commitment for a title policy from a title insurance company of its choice. If, in the opinion of Licensee, such title report shows any defects of title or any liens or encumbrances which may adversely affect Licensee's use of the Premises, Licensee shall have the right to terminate this License immediately upon written notice to City.

14. Maintenance and repairs; Licensee's Obligation to Maintain Tree Pole and Equipment Storage Building.

A. Operation and maintenance of City lights and other City owned equipment located in the Premises ("City Equipment") shall be under the exclusive control of City. City shall provide Licensee with not less than 24 hours notice prior to performing any maintenance of the City Equipment located in the Premises if there is a possibility that such maintenance activity will affect Licensee's Facilities.

Notwithstanding the foregoing, City may enter the Premises to perform maintenance of City Equipment or Licensee's Facilities in the event of an emergency situation which poses an immediate threat of substantial harm or damage to persons and/or property on the City's Property, in which case City may enter and take such actions as are required to protect individuals or personal property from such immediate threat of substantial harm or damage; provided that promptly after such emergency entry ( and in no event later than twenty-four (24) hours) City gives telephonic and written notice to Licensee of City's entry onto the Premises. Licensee shall provide a maintenance procedure manual or other guidelines to City detailing recommended practices and procedures and identifying all potential hazards involved with the routine maintenance of Licensee's Facilities. City shall be responsible for the cost to repair any damage to Licensee's Facilities caused by City during its operation and maintenance of License Facilities or City Equipment.

B. City shall maintain and repair City Equipment and City property its sole cost and expense. Licensee shall maintain, Licensee's Facilities and any of its personal property installed on the Premises and City's Property at its sole cost and expense. Any damage caused by Licensee, its sublessees, licensees, employees, agents, or invitees, shall be promptly repaired at the sole cost and expense of Licensee. If Licensee fails to make any required repairs to the Premises or City's Property or City Equipment, City may, at its option, cause such repairs to be made and demand reimbursement from Licensee.

to Reso. No. 2006-290
6462
C. Any maintenance or repair work to City's Property shall be coordinated with Licensee and shall be conducted in such a manner so as not to cause any interference with Licensee's Facilities.

D. Licensee shall maintain its equipment building and tree pole, and subject to the following requirements:

1. Condition of Equipment Storage Building & Tree Pole. It is the intention of the Parties that the equipment storage building and the tree pole should be kept in a condition substantially similar to the condition they are in when they are initially installed or upon completion of construction. Licensee has agreed to placement of a tree pole to house the cellular antenna because it is more aesthetically pleasing than placing the antenna on a monopole or other similar type of pole of the tree pole. Further, use of a tree pole minimizes the aesthetic impacts of the antenna on the park and surrounding community. The parties intend for the tree pole to appear as a natural tree, similar in kind and appearance to those on the surrounding property. Although some wear and tear is to be expected, the parties intend that the tree pole should be kept in a condition so that damage from weathering or wear and tear does not substantially detract from the aesthetic benefits of using a tree pole rather than a monopole.

2. Maintenance Requirements.
a. Licensee's Obligation. Licensee shall maintain the
equipment storage building and the tree pole in acceptable condition according to the parties' intentions as described in paragraph I of the section. b. City's Right to Monitor Maintenance. The Director
shall monitor the condition of the equipment storage building and the tree pole, to ensure that the storage building is maintained in its proper "like-new" condition and that the tree pole is in such a condition that it appears as a natural tree and does not show signs of deterioration.
c. Notice to Remedy Unacceptable Condition. Should
the Director determine that maintenance is necessary to remedy unacceptable conditions existing on the equipment storage building or the tree pole, the Director shall send written notice by certified mail with return receipt to Licensee's address contained in Section 19(c) below, notifying the Licensee of the specific unacceptable conditions, and a demand to remedy the unacceptable conditions. Licensee shall have thirty (30) days from the date the notice is received to complete the required maintenance. d. Failure to Maintain as Breach. If the Licensee fails to complete required maintenance or fails to obtain an extension of time from the Director, when in the Director's determination there is reasonable cause for the delay in completing the required maintenance, such failure shall constitute a material breach of this Agreement.

to Reso. No. 2006-290
6563
e. City's Election to Terminate Agreement. Should
City elect to terminate this agreement due to breach of this section, City shall send written notice by certified mail with return receipt to Licensee's address contained in Section 19( c) below of its election to terminate this Agreement. f. Licensee's Opportunity to Cure Breach. Licensee
shall have thirty (30) days from the date of receipt of the notice to cure the breach by performing required maintenance on the pole, or to obtain an extension of time from Director when in the Director's determination there is reasonable cause for the delay in curing the breach. If Licensee has not cured the breach within thirty (30) day of the receipt of City's notice, this Agreement shall terminate, and City shall have the right to possession of the Premises and to exercise any legal or equitable remedies available to it.

15. Environmental indemnification; Hazardous substances.

A. Licensee hereby represents, warrants, covenants, and agrees to and with City that all of Licensee's operations or activities upon, or any use or occupancy of the City's Property by Licensee, or any portion thereof, by Licensee, shall be in all respects in compliance with all state, federal, and local laws and regulations governing or in any way relating to the generation, handling, manufacturing, treatment, storage, use, transportation, spillage, leakage, dumping, discharge, or disposal (whether legal or illegal, accidental, or intentional) of any Hazardous Substance.

City hereby represents, warrants, covenants, and agrees to and with Licensee that all of City's operations or activities upon, or any use or occupancy of City's Property, or any portion thereof by City, and any tenant, subtenant, or occupant of City's Property, or any portion thereof is presently and hereafter shall be in all respects in compliance with all state, federal, and local laws and regulations governing or in any way relating to the generation, handling, manufacturing, treatment, storage, use, transportation, spillage, leakage, dumping, discharge, presence, or disposal (whether legal or illegal, accidental, or intentional) of any Hazardous Substance; and that neither City nor (to the best of City's knowledge, after due inquiry) any tenant, subtenant, or occupant of all or any portion of the City's Property, has at any time placed, suffered, or permitted the presence of any such Hazardous Substances at, on, under, within, or about City's Property, or any portion thereof in violation of applicable law.

B. If any investigation or monitoring of site conditions or any cleanup, containment, restoration, removal, or other remedial work ( collectively, the "Remedial Work") is required under any applicable federal, state or local law or regulation, by any judicial order, or by any governmental entity, or in order to comply with any agreement entered into because of, or in connection with, hazardous substances brought onto or generated on City's Property by Licensee, Licensee shall perform or cause to be performed the Remedial Work in compliance with such law, regulation, order, or agreement. All costs and expenses of such Remedial Work shall be paid by Licensee including, without limitation, all charges of Licensee's contractors, consultants, and engineers and City's reasonable attorney's, architect's and/or consultant's fees and

to Reso. No. 2006-290
6664
costs incurred in connection with monitoring or review of such Remedial Work. In the event Licensee shall fail to timely commence, or cause to be commenced, or fail to diligently prosecute to completion, such Remedial Work, City may, but shall not be required to, cause such Remedial Work to be performed, and all costs and expenses thereof, or incurred in connection therewith, shall be reimbursed to City.

C. "Hazardous Substances" shall include without limitation:

I. Those substances included within the definitions of
"hazardous substances," "hazardous materials," "toxic substances," or "solid waste" in the Comprehensive Environmental Response Compensation and Liability Act of 1980 (42 U.S.C. § 9601 et seq.) ("CERCLA"), as amended by Superfund Amendments and Reauthorization Act of 1986 (Pub. L. 99-499 100 Stat. 1613) ("SARA"), the Resource Conservation and Recovery Act of 1976 (42 U.S.C. § 6901 et seq.) ("RCRA") and the Hazardous Materials Transportation Act, 49 U.S.C. § 1801 et seq., and in the regulations promulgated pursuant to said laws, all as may be amended from time to time;

2. Those substances listed in the United States Department of Transportation Table ( 49 CFR 172.101 and amendments thereto) or by the Environmental Protection Agency ( or any successor agency) as hazardous substances ( 40 CFR Part 30, and as may be amended from time to time);

3. Any material, waste, or substance which is petroleum, asbestos, polychlorinated biphenyls, designated as a "hazardous substance" pursuant to Section 311 of the Clean Water Act, 33 U.S.C. 1251 et seq. (33 U.S.C. § 1321) or listed pursuant to Section 307 of the Clean Water Act (33 U.S.C. § 1317); or radioactive materials; and such other substances materials, and wastes which are or become regulated as hazardous or toxic under applicable local, state, or Federal law, or the United States government, or which are classified as hazardous or toxic under federal, state, or local laws or regulations.

16. Indemnity and Mutual Release. City and Licensee each indemnifies the other against and holds the other harmless from any and all costs (including reasonable attorney's fees) and claims of liability or loss to the extent arising from the ownership, use and/or occupancy of City's Property or Premises by the indemnifying party. This indemnity does not apply to any claims arising from the sole negligence or intentional misconduct of the indemnified party. The indemnity obligations under this Section will survive the termination of this Agreement.

17. Waiver of Incidental and Consequential Damages. Neither party will assert any claim whatsoever against the other party for loss of anticipatory profits or any other indirect, special, incidental or consequential damages incurred as a result of the construction, installation, operation, maintenance, or replacement of personal property owned by either party, or City's or Licensee's use of the Premises or City's Property, including any and all losses incurred as a result of City's or Licensee's actions or defaults.

to Reso. No. 2006-290
6765

18. Attorney's fees; Litigation costs. If any action at law or in equity is brought to recover any License Fee or other sums under this License, or for or on account of any breach of or to enforce or interpret any of the covenants, terms, or conditions of this License, or for the recovery of the possession of the Premises, the prevailing party shall be entitled to reasonable attorney's fees, costs and other expenses, in addition to any other relief to which such party may be entitled. Prevailing party includes (a) a party who dismisses an action in exchange for sums allegedly due; (b) the party that receives performance from the other party of an alleged breach of covenant or a desired remedy, if it is substantially equal to the relief sought in an action; or ( c) the party determined to be prevailing by a court of law.

Whenever provision is made in this License for the payment of attorney's fees, such fees shall be payable whether the legal services are rendered by a salaried employee for the party or by independent counsel and shall include such fees as are incurred in connection with any pretrial proceeding, trial, or appeal of the action.

Any award of damages following judicial remedy or arbitration as a result of the breach of this License or any of its provisions shall include an award of prejudgment interest from the date of the breach at the maximum amount of interest allowed by law.

I 9. Miscellaneous.

A. Severability. If any provis10n of the License is invalid or unenforceable with respect to any party, the remainder of this License or the application of such provision to persons other than those as to whom it is held invalid or unenforceable, shall not be affected and each provision of this License shall be valid and enforceable to the fullest extent permitted by law.

B. Counterparts. This License may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.

C. Any notice or demand required to be given herein shall be made by certified or registered mail, return receipt requested, confirmed fax, or reliable overnight mail to the address of the respective parties act forth below:

City:

City of Rocklin
City Manager
3970 Rocklin Road
Rocklin, CA 95677

to Reso. No. 2006-290
Licensee:

MetroPCS California LLC
785 Orchard Dr., Ste 200
Folsom, CA 95630
Telephone: 916-984-2640
Facsimile: 916-984-2660
Emergency 24 hour hotline: 916-640-0020
6866
City or Licensee may from time to time designate any other address for this purpose by written notice to the other party.

D. Choice of Law. This License shall be governed under the laws of the State of California and applicable Federal law.

E. Survival of Terms. Terms and conditions of this License which by their sense and context survive the termination, cancellation or expiration of this License will so survive.

F. Recorded Memorandum of License. Upon request either party may require that a Memorandum of License be recorded in the form of Exhibit "2." G. Entire Agreement. The terms of this License (including the Exhibits, all of which are hereby incorporated by reference) are intended by the parties as the final expression of their agreement with respect to such terms. The parties further intend that this License constitutes the complete and exclusive statement of its terms and no extrinsic evidence whatsoever may be introduced in any proceeding, involving this License. The language in all parts of this License will in all cases be construed as a whole and in accordance with its fair meaning and not construed for or against either party.

H. Amendments and Modifications. No amendments, modification or supplement, including those by custom, usage of trade, or course of dealing, of any provisions of this License Agreement shall be binding on any of the parties unless it is in writing and signed by the parties in interest at the time of the modification. No oral order, objection, claim, or notice by either party to the other shall affect or modify any of the terms or obligations contained in the License.

I. At City's option, any action by any party to this Agreement, shall be brought in the appropriate court of competent jurisdiction within the County of Placer, notwithstanding any other provision of law which my provide that such action may be brought in some other location.

J. Waiver. Failure by a party to insist upon the strict performance of any of the provisions of this License by the other party, or the failure by a party to exercise its rights upon the default of the other party shall not constitute a waiver of such party's right to insist and demand strict compliance by the other party with the terms of the License thereafter.

K. Force Majeure. Neither Party shall be liable to the other for any failure of performance under this License due to causes beyond its control, including, but not limited to: acts of God, adverse weather conditions; material or facility shortages or unavailability not resulting from such party's failure to timely place orders therefor; lack of transportation; the imposition of any governmental codes, ordinances, laws, rules, regulations or restrictions; national emergencies; insurrections; riots, wars; or third-party

to Reso. No. 2006-290
6967
labor disputes, lock-outs, work stoppages or other labor difficulties; provided however, that such time period shall be extended for only the actual amount of time such party is so delayed. A condition shall be deemed to be beyond the reasonable control of a party when such condition would affect any person similarly situated (such as a power outage) but shall not be deemed to be beyond the reasonable control of such party when peculiar to such party (such as financial inability or failure to order long lead time materials sufficiently in advance).

IN WITNESS WHEREOF, Licensee has caused its duly authorized representative for and on its behalf to execute this License, and the City of Rocklin, a municipal corporation, has caused this License to be executed by its City Manager and attested to by its City Clerk under the authority of Resolution No. 2006-29(! adopted by the City Council of the City ofRocklin on the /.Jf'l1 day of----A-, 2006, and Licensee has so executed it. <Xfl /t',.-,ht'r
LICIT~-~
MetroPCS California LLC,
a Delaware limited liability
Corey Linquist
By: __ VP &_G_M __ ~~~~
Name:

Title:

to Reso. No. 2006-

CITY OF ROCKLIN,
a municipal corporation
By:_~~-=-.,'-'--'"---'-·~~~~~~~
Cmles A. Unatia ,l(o.b K. d,ao/,/<
Its: City Manager
Cl 55/.s /c,,,, f-
7068
I GENERAL CONSTRUCT;ON NOTES I
"'"~"'''" ... = TO •• S<:AcfD, ~•,THN o,~,,,..,,,.. "" .. ,ao,..:, •ND '"'" ~C, C,- PC,"5 ,S 'NTENDED TO OE L'5ED fC,, D>;~O,""AT4' "-"'"'5'5 G'<LT, t,<C, .. =r,D OTN,OW,s, T>lO C..N,OAl (r..,,OAC.T""'' ~f:.:::~~.';:~WJ~:lt\78:'~~~ss":,'.', '":';T~~:;:,,~w,oHENT ~a;~:r%fi~!~£i~Hi1~~1rE~~~~:~;ti:
<"•QOO, C'""SS'C"S, ""' ~,e,:;oee•><e'<S aSE TO BE "'"'-"'"T TO T<l< ,--,NT'<"~'"' ••c"'-"-'""'"·'"""· ,No PMl>e., ,0 .. , ..... ,. (C.C ! I~h1E~'~lt£Fo-1?;;Jimi~\[/;ff:::t:~i~J~;~~~-~;.

TH, Cc.JTOAC.T"" ""'' S\«>EOVl~E '"D D•OCCT '"' OOOJECT oesco,~rn "'0f 1N T''P C<O>tTSA,CT"' SHS" "' "<'.El < aeSP"'S'Ole "'°" "-l :iti;.t;z_~~:~t .. ~i:t~.~.-2,""';.s,, ~.'~'i, 0,r'-°","it;,W:-1"-0 TNf (_ro,R;,CT°" >l'>I I INST>, I <ll Et,J•PcltNT '"" M-''~IALS ~~:~ J.g ~~;'r,'~r
1 :c-:;~,\."'Z"'~of:..'~i:f'--';~\'ttJ/,';~;•
0 ACC """< o,o«,.,MtD C-, ""0.!ECT ANO MA•EO'ALS ''ISTALLEO S<OLL BE •N ~~.t~~-.~~i;~.j}i~¥gi~}t:~:~§~!c1~:~i~~~, .,._
~;TH< _.,0,5[n(T>(>'°C COlC E><••'"'-C~ '"C Pc.,c><.,.,•"(.t 0, '"' ~'"'~' <<><T•"'-'"" S"•CC ""°"'VE ,1 '"E eacu,c, S'TE •'"''SH OF c,-.;,ac<;;,C>< =UHENT> u•DSHD ... ,TH THE l-'-T<~T ""''""'"" '"" •DDENDJC,'5 DR c, .. ,.,cATIO',. "'" Tl i, ., .. ~T ., c "'"'!<»," '"'"" v,r, ,,,.,, "" P•D.J!CT P>OHITT>t'>, .HMPef> ,-..,o,NAL~ "'>Cl ,..,-t BE USED ,o,a •EDLl"E PUOCO,,S "" ""' .. ·"'""- CDHPC>Je=s OST"" 000.'ECT ,,.,, ,.c,uTT •• , ><OT TO BE AL TEOED BT TH•S C.,.,,_TOU(T'OM POOJeU UNc,½ "C"<D Q'"'"~'~' DETA'l5 ''k'.CloDED NCO<IN sO! •NT!ND,~ T~ .. .,..., ,ND .,.,,, T 0, ,,., • .,._,, ""''"' HOO""'"~ H•T e, "'"'"~'" •a Sutt _;;,; eoo,om0<s "" 5'f00T'"'5, ,ND SUCH r'ODi,,c,T,ONO .. ,.._, ~· l"CcoD,D A. P•OT "' ~'" S!"C OENCTOoT,C:,,,:, '""""-"'"' ""<-•••co •••AS""" UL L'O'E~ 00 ""' """"'"'L •PP•CVED H•TE•"-5 " >PPC>C•!!<· TO mo '""'''" A"D ""­PODJCCT SOT< ~·:rtei';"i':!~l~'~f,;,•.;i~'t'ii";,',',"-c.~!,'"/' ¢~ ·::t•~,~ ;:s,';..~":~~;,tT TUE C0NTRACTOO "-'Ace H•<( "'LC~O .. , POQV'0''-"'S TO e,,,n,,;, '""'"- ~~~~m~:;r~t~~~L~~'?ti'i~~1;~}~J~•
ChJTOkOTOO, -.WALL eNSUOe "tHH GE"EOOL .;JR< •OE> ,, «~ •CCEOU A'D ~!C:T::"i~~ t;!fi{~~]~ifi~~~t\;~1{iTi;u:,~:, """T t:-f~ti•urc,'t~c',';Yiii''Ja ~~E_t'c";I"~T SIT! 5'0ALL Rf O"COJo,o, ~--• ,sn T"[ """"'T<CT,..,[N<;•"""S U•V< HADE <VEOT E'fC'" TO S<T ,c•nu '" •u, CC''S"'""''"'" ""D CWTOA.G· DOCL'''"'" TH! w-"·· ... .,,., "' '-""''· c;;.•n••c•o•s e'DD"'<> TUE-"" ••• .,,..,.,~T4<LESO CSUT'"''° "'" M"'"" C"IS51""5"" '"""'" ·N rn• ~••w1.c., • .,,, ""~""""""""' ..... LL ~~~i!;t"',2 ~~c!~~ ~~.;':;' ;~f:'"W~';" c,c"'\u~~·~'f::Zu~~~-~ '"' e,ooeo """" eco• TUE"'""""'·'""'•'""...,,,,.,..,(·•"""'"")'"" ~:!~~~r:;:r,\~i7r:W~:Vl1c£ff;~~~tti,,-gT,.,~.~.,v,
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SITE NAr~1E

ROCKLIN STANFORD RANCH NORTH
Site No. SAC-2O3-B

SITE ADDRESS
IIOUlDER RIDGE l"ARK
ROCKLIN, CA !15765
1mu~ STANFORD RAftlj N
BOULDER R!DGE P1'RK
ROCKLIN, CA. Cl', 71,',

REVISIONS
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7472
Memorandum of License to be recorded
on a resolution approved at the next council meeting.
7573
•
•
•
RESOLUTION NO. 2006-310
RESOLUTION OF 1HE CITY COUNCIL

OF THE CITY OF ROCKLIN

DIRECTING THE CITY CLERK TO RECORD A MEMORANDUM
OF CO:tvfMUNICATIONS SITE LICENSE AGREEMENT
(MetroPCS/Boulder Ridge Neighborhood Park)
WHEREAS, on September 12, 2006, the City Council approved Resolution No. 2006-290 approving and authorizing the City Manager to Execute a Communications Site License Agreement with MetroPCS for a site license in Boulder Ridge Neighborhood Park; and
WHEREAS, the City is required by law to record tne License Agreement or a Memorandwn of the Agreement in the Office of the Placer County Recorder.

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

Section 1. The City Clerk is authorized and directed to record a Memorandum of Communications Site License Agreement with MetroPCS in the form attached hereto as Exhibit A, in the Office of the Placer County Recorder when fully executed and notarized .

PASSED AND ADOPTED this 26th day of September, 2006, by the following roll call vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

ATTEST:
~ da:/J1tii:Jtt#
Barbara Ivanusich
City Clerk
Storey, Lund, Hill
None .

Magnuson, Yorde
None
Peter Hill, Presiding Officer
7674
\ .

Recording Requested by
and Return to:

City Clerk
City of Rocklin
3970 Rocklin Road
Rocklin, CA 95677
11111111111 Ill II II IIII 111111111111111111111111111
PLACER1 County Recorder
Jlft nc~AULEY
DOC-2006-0112769-00
11on•v. OCT 23, 2008 88:38:31
NOC $I.NI I
TU Pd $1.81 Nbr-101558009
a•v/GV/1-S
:MEMORANDUM OF l.,l(!ENSE AGREEMENT
THIS MEMORANDUM OF LICENSE ("Memorandum") dated as of September 12, 2006, is by and between the City of Rocklin, a municipal corporation, ("Citf'), and METRO PCS CALIFORNIA LLC, a Delaware limited liability company ("Licensee").

WHEREAS~ City and Licensee·have executed that certain Communications Site License Agreement ("License") dated as of September 12, 2006, covering certain premises (''Premises,,) situated on certain real property located in the City of Rocklin, County of Pl~er, State of Californiat and more particularly described as a portion of Parcel 60 as shown on the Map entitled
4 'Whitney Oaks Phase 2B•Large Lot Subdivision"
filed in Book ''V'' of Maps, Page 29, Placer County Records; commonly known as Boulder Ridge Neighborhood Park.

WHEREAS, City and Licensee desire to record notice of the License in the Official Records of County, California;
NOW, 1'.H.EHFORE, in consideration of the foregoing, City and Licensee hereby declare as follows:

1. Demise. City licenses the Premises more particularly described on Exhibit "l" of the License Agreement on file with the City Clerk of the. City of Rocklin to Licensee (together with acc:ess rights), and Licensee hires the Premises from City, subject to the terms, covenants and conditions contained in the License.

2. Expiration date. The initial term of this License ("Initial Tenn°,) shall be five (5) years commencing upon the date of commencement of construction of Licensee's Facilities or upon December 31, 2006, whichever occurs first (''Commencement Date'l Licensee shall have the right to extend the term of this License for five (5) additional tenns ("Renewal Term") of five (5) years each. The terms and conditions for the Renewal Term shall be the same tenns and conditions of this License, except that the License Fee shall be increased as set forth in Section 4. This License shall automatically be extended for each successive five (S) year Renewal Term unless Licensee notifies City

Reso. No. 2006-310
7775
in vvriting of Licensee's intention not to extend this License at least thirty (30) days prior to the expiration of the Initial Term or any Renewal Term.

3. License controDing. This Memorandum is solely for the purpose of giving constructive notice of the License. In the event of conflict between the terms of the License and this Memorandumt the terms of the License shall control.

Reso. No. 2006-31 0

SIGNATURES ON FOLLOWING PAGE
7876
IN WITNESS WHEREOF, City and Licensee have executed this Memorandum of License as of the date and year first written above.

LICENS: J:2_ __
Metroc ~ mia LLC,
a Delaware limited Jiahility
Corey Linquist
VP&GM . J;3y: ___,, _________ . ,..J,.-•-·-·--·· --
Name:

Title:

CITY OF ROCKLIN,
a municipal corporation
By: ~ ~
. Cm tos A Ut I atia .1~~' 1.7 d,··u:v I, K
0 66161 tiJ1 J- City Manager
APPROVED AS TO FORM:

By: \d.» I@ A u o C) c;
Russell A. Hildebrand
City Attorney
ATTEST:

By:&.h(( dn2@1l&
Barbara lvanusich
City Clerk
7977
State of California )
County of Sacramento)
On this ):S° day of Se@h.<M \uJ, 2006, before me, <J "tM,,\ ~ '\.lfAA1)f'I\,,_ ~~) Y"\o~~-ir ~IA.&ol~e,... · (Notary Name and Title)
personally appears C,e)il.~ L.. ~ ~ U..t ST personally known to me ( or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she'they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
-My Commission Expires: 0 l l °'.l{ '2-0 .:;,.8
[SEAL]
State of California
County of Placer
On this~ day of
)
)
~ • 2006, before me. f?\iMr; W1.t. N~~M. ~b lik. (Notary Name and Ti e) personally appears K. Brau personally known to me ~
pre• M te me en. ~ ha9is ef s&isfaetef)' e1.1ideBee) to be the personts}-whose nam~ is/are-subscribed to the within instrument and acknowledged to me that holell&411ey executed the same in hisJA-.411eir authorized capacity~:, and that by hisAleFi'tlteir signatur~ on the instrument the person(,&);-or the entity upon behalf of which the perso~ act~ executed the instrument.

My Commission Expires: ('bwnla 24, 2mt
~
Signature of Notary Public
8078
City Council
Staff Report

Subject:

Various Personnel Updates
Date:

November 14, 2023
Submitted By:

Tameka Usher, Administrative Services
Department:

Administrative Services - Human Resources
Recommendation:

A
.

Adopt a Resolution of the City Council of the City of Rocklin Adopting a Revised Temporary Positions Salary Schedule.

B
.

Adopt a Resolution of the City Council of the City of Rocklin Adopting a Side Letter of Agreement to the Memorandum of Understanding between the City of Rocklin and the Rocklin Firefighter’s Union.

C
.

Adopt a Resolution of the City Council of the City of Rocklin to Approve Revised Salary Schedules for the Public Service Employees Bargaining Unit.

D
.

Adopt a Resolution of the City Council of the City of Rocklin Adopting the Reclassifications and Reallocations in the Parks and Recreation Department, Fire Department, and Abolishing a Classification.

E
.

Adopt a Resolution of the City Council of the City of Rocklin to Adopt a Salary Range and Allocation for Administrative Office Clerk; Reallocate One Senior Administrative Assistant to Administrative Office Assistant; and Adopt Revised Salary Schedules for Confidential Employees.

Background:

Title 2 of the California Code of Regulations, section 570.5 requires the City's salary schedules to be adopted at a public meeting.

Temporary Positions Salary Schedule Adjustments
On July 31, 2023, the Director of the State of California Department of Finance certified that based on the annual inflation rate from 7/1/21-6/30/22, under Labor Code section 1182.12(c) (3)(A), the state hourly minimum wage must be increased, effective January 1, 2024, to $16.00 an hour. This change impacts the Program Assistant I classification on the temporary salary schedule.

To comply with the abovementioned Labor Code, staff recommends consolidating the Program Assistant I and Program Assistant II classifications to a single Program Assistant classification, resulting in one salary range instead of two. This change will prevent ongoing Item Number 2E.

8179
compaction issues with having two salary ranges and ensure compliance with the minimum wage change.

During the 2023 calendar year, the City had a total of 34 Program Assistant I/II, with 22 at the I level. The majority of the Program Assistant I/II staff were separated in October due to the end of the City’s summer events and concert series. Therefore, there is no immediate cost impact.

Program Assistants hired for the 2024 season will be hired at a higher hourly salary of $16.28 per hour.

Rocklin Firefighters Union Side Letter
The Rocklin Fire Department desires to add a comfort canine to its Peer Support Team to promote the mental and emotional well-being of firefighters; provide emotional support and comfort to firefighters and their families; respond to critical incident debriefings; recognize signs of agitation, anxiety, and stress; and help to mitigate those behaviors while promoting healing.

The comfort canine is being offered by the non-profit Hearts 4 Heroes Paw Platoon Placement Program, which provides placement of trained comfort canines within first responder organizations to support first responder mental health and wellness.

Hearts 4 Heroes will provide the following services at no cost to the City:
1 .

Provide a trained comfort canine to the Rocklin Fire Department, which shall remain in the possession of and be cared for by the Department.
2 .

Cover all expenses for the comfort canine, including but not limited to veterinarian and other medical expenses, medications, training, crates and bedding, leashes and harnesses, toys, grooming, food and treats, medical insurance, and all other things reasonably necessary for the routine care of the comfort canine.

Staff satisfied the meet and confer obligation with Rocklin Firefighter’s Union regarding the proposed changes to allow for compensation for the employee with the canine assignment, in accordance with the City of Rocklin Employee-Employer Resolution.

AFSCME – Public Service Employees Salary Schedules
In the Fiscal Year (FY) 2023/24 Operating Budget, four (4) non-benefited temporary positions were converted to benefited, permanent, part-time positions. One of those positions (0.5 FTE) is a Special Events and Production Coordinator within the Parks and Recreation Department.

The City does not have a classification specification for Special Events and Production Coordinator; therefore, staff conducted a review of the classification’s essential duties and responsibilities to develop a classification specification. Following the review and development of the classification specification, staff recommends retitling the position to Recreation Specialist since the essential duties and responsibilities are not only related to special events.

Staff recommends that the classification of Recreation Specialist be placed at salary range 11 ($43,407 - $59,159) of the Public Services Employees salary schedule and the incumbent’s salary will be set consistent with the hourly equivalent salary.

S
taff also recommends removing
the Special Events and Production Coordinator classification from the Temporary Employees Salary Schedule since it will no longer be in use.
8280
Staff satisfied the meet and confer obligation with the Public Service Employees Bargaining Unit represented by AFSCME regarding the proposed changes in accordance with the City of Rocklin Employee-Employer Resolution.

Reclassification- Senior Office Assistant
Staff conducted a classification study by evaluating the core duties and responsibilities, and the nature and level of work for one vacant 1.0 FTE Senior Office Assistant position allocated to the Fire Department and one encumbered 1.0 FTE Senior Office Assistant position allocated to the Parks and Recreation Department.

The assessment of both positions determined that the duties and responsibilities assigned to both positions (consistent with the operational needs of the departments) exceed that of a Senior Office Assistant classification. Therefore, staff recommends that both Senior Office Assistant positions be upwardly reclassified and reallocated to Administrative Assistant to better align with the duties and responsibilities of the respective departments. For the encumbered position in the Parks and Recreation Department, the incumbent’s salary will be set in accordance with City of Rocklin Personnel Rule 3-01 (10). Staff also recommends removing the Senor Office Assistant classification from the Public Services Employees Salary Schedule since it will no longer be in use.

Staff satisfied the meet and confer obligation with Rocklin Firefighter’s Union regarding the proposed changes in accordance with the City of Rocklin Employee-Employer Resolution.

Allocation Changes
Fire Department
Delete 1.0 FTE Senior Office Assistant and add 1.0 FTE Administrative Assistant Parks and Recreation
Delete 1.0 FTE Senior Office Assistant and add 1.0 FTE Administration Assistant Administrative Services
Currently, the City has an Administrative Assistant classification that is represented by AFSCME and a Senior Administrative Assistant classification which is a confidential position (not represented by AFSCME). Since the current titling is a part of a classification series, HR recommends changing the classification title of the Senior Administrative Assistant to an Administrative Office Assistant to mitigate confusion regarding the titling. This action will result in a classification title change and will have no impact on the employee’s salary, duties and responsibilities, nor the confidential designation. Along with the title change, staff recommends removing the Senior Administrative Assistant form the Confidential Salary Schedule.

Additionally, recent organizational and staffing changes in the Administrative Services Department created an opportunity to reevaluate the department’s workload and opportunities to improve the flow and timeliness of services to its customers. To help create an improved functional structure in the department, staff recommends the addition of an Administrative Office Clerk. For the past year, the department has used part-time temporary staff to provide a variety of confidential clerical support duties. The department has continued to evaluate its organizational structure and workflow, and therefore identified that a need exists to have ongoing clerical support and are seeking approval to add one regular part-time Administrative 8381
Office Clerk.

Staff recommends that the classification of Administrative Office Clerk be placed at salary range 6 ($43,666 - $59,512) of the Confidential Employees salary schedule and the incumbent’s salary be set consistent with the hourly equivalent salary.

In accordance with the City of Rocklin Employee/Employer Resolution, staff further recommends that the classification of Administrative Office Clerk be placed in the Confidential employees’ unit since it will be assigned solely to the Department of Administrative Services and therefore will have knowledge of, and regular access to, decisions affecting employer- employee relations.

Allocation Change
:
1 .

Add 0.50 FTE Administrative Office Clerk in the Administrative Services Department.

Fiscal Impact:

Parks and Recreation Department change: The fiscal impact to the General Fund from the staff recommendation is expected to be an increase of $17,353. This amount will be offset with projected salary savings.

Fire Department change: The fiscal impact to the General Fund from the staff recommendation is expected to be an increase of $20,360. This amount will be offset with projected operational savings.

Administrative Office Assistant: There is no fiscal impact related to a classification title change.

Administrative Office Clerk: The fiscal impact to the General Fund from the staff recommendation is expected to be cost neutral.

ATTACHMENTS:

1. Resolution A

2. Resolution A Exhibit 1 - Temporary Positions Salary Schedule

3. Resolution B

4. Resolution B Exhibit 1 - Signed Fire Side Letter

5. Resolution C

6. Resolution C Exhibit 1 - Public Services Employees Salary Schedule A & B

7. Resolution C Exhibit 2 - Temporary Positions Salary Schedule

8. Resolution D

9. Resolution D Exhibit 1 - Public Services Employees Salary Schedule A & B

10. Resolution E

11. Resolution E Exhibit 1 - Confidential Employees Salary Schedule A & B 8482
RESOLUTION NO. 2023-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROCKLIN

ADOPTING A REVISED TEMPORARY POSITIONS SALARY

SCHEDULE
WHEREAS, on July 31, 2023, the Director of the State of California Department of Finance determined the state hourly minimum wage must be increased, effective January 1, 2024, to $16.00 an hour; and
WHEREAS, the Temporary Positions Salary Schedule requires updating to revise the hourly wage for the Program Assistant I classification to the new state minimum wage; and WHEREAS, the Human Resources Division recommends adjusting the Temporary Position Salary Schedule to consolidate the Program Assistant I and II classification into a single classification of Program Assistant. This change will prevent compaction and allow the City to remain competitive when hiring seasonal staff.

NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Rocklin as follows:

Section 1. Effective December 30, 2023, the City Council adopts the Temporary Positions Salary Schedule attached hereto as Exhibit “1.” PASSED AND ADOPTED this 14th day of November 2023, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

Ken Broadway, Mayor
ATTEST:

Haley Reid, Acting City Clerk
8583
Classification Step 1 Step 2 Step 3
Program Assistant 16.28$ 16.84$ 17.43$
Maintenance Worker 17.02$ 17.62$ 18.23$
Senior Public Services Specialist
Police Clerk 18.76$ 19.42$ 20.10$
Senior Maintenance Worker 20.68$ 21.40$ 22.15$
GIS Assistant 21.46$ 22.21$ 22.99$
Reserve Police Officer Coordinator 26.18$

CITY OF ROCKLIN

TEMPORARY POSITIONS

HOURLY SALARY SCHEDULE
Effective December 30, 2023
8684
RESOLUTION NO. 2023-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROCKLIN ADOPTING

A SIDE LETTER OF AGREEMENT TO THE MEMORANDUM OF

UNDERSTANDING BETWEEN THE CITY OF ROCKLIN AND THE ROCKLIN FIREFIGHTER’S UNION
WHEREAS, the City Council approved and adopted the Memorandum of Understanding (MOU) between the City of Rocklin and the Rocklin Firefighter’s Union effective July 1, 2022 to June 30, 2025 by Resolution No. 2022-159; and
WHEREAS, the City will implement a comfort canine program to support first responders mental health and wellness at the Rocklin Fire Department; and WHEREAS, Article 15 (II) of the MOU as written does not include a provision for assignment and compensation of a lead or secondary canine handler; WHEREAS, the City and the Union have met and conferred and agree to amend the MOU to include a section for comfort canine handler compensation and assignment.

NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Rocklin as follows:

Section 1. Effective November 18, 2023, approves and authorizes the City Manager to sign the Side Letter of Agreement between the City of Rocklin and the Rocklin Firefighter’s Union attached hereto as Exhibit “1”.

NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Rocklin as follows:

PASSED AND ADOPTED this 14th day of November, 2023, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

Ken Broadway, Mayor
ATTEST:
8785
Haley Reid, Acting City Clerk
8886
8987
9088
RESOLUTION NO. 2023-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROCKLIN

TO APPROVE REVISED SALARY SCHEDULES FOR THE PUBLIC SERVICE EMPLOYEES

BARGAINING UNIT
WHEREAS, the City currently uses the temporary classification of Special Events and Production Coordinator to assist with onsite activities for City-sponsored special events and concerts; and
WHEREAS, staff recommends the title be changed to Recreation Specialist since this position was approved in the FY 23/24 budget to be a regular part-time benefited position; and
WHEREAS, HR determined the classification should be assigned to the Public Services Employees Salary Range 11 ($43,407 - $59,159); and
WHEREAS, the recommended changes require an update to the Public Services Employees Salary Schedule and the Temporary Employees Salary Schedule.

NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Rocklin as follows:

Section 1. Effective November 18, 2023 the City Council approves the reallocation of 0.50 FTE encumbered Special Events and Production Coordinator to Recreation Specialist in the Parks and Recreation Department.

Section 2. Effective November 18, 2023, the updated Public Services Employees Salary Schedule A & B attached hereto as Exhibit “1” are adopted.

Section 3. Effective November 18, 2023, the updated Temporary Employees Salary Schedule attached hereto as Exhibit “2” is adopted.

PASSED AND ADOPTED this 14th day of November, 2023, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

ATTEST:

Ken Broadway, Mayor
9189
Haley Reid, Acting City Clerk
9290
Classification Range Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9 Step 10 Office Assistant I 5 37,430 38,740 40,096 41,499 42,951 44,455 46,011 47,621 49,288 51,013 Office Assistant II 11 43,407 44,926 46,499 48,126 49,810 51,554 53,358 55,226 57,159 59,159 Recreation Specialist
Code Enforcement Technician 14 46,744 48,380 50,074 51,826 53,640 55,518 57,461 59,472 61,554 63,708 Street Maintenance Worker I 15 47,914 49,591 51,327 53,123 54,983 56,907 58,899 60,960 63,094 65,302 Landscape Services Worker 17 50,339 52,101 53,924 55,811 57,765 59,787 61,879 64,045 66,286 68,606 Street Maintenance Worker II
Equipment Mechanic I 19
52,888 54,739 56,655 58,638 60,690 62,815 65,013 67,288 69,644 72,081 Planning/Building Technician I
Traffic Maintenance Assistant
Building Maintenance Worker 20 54,210 56,108 58,071 60,104 62,208 64,385 66,638 68,971 71,385 73,883 Irrigation Maintenance Technician
Accounting Technician I 21
55,566 57,510 59,523 61,607 63,763 65,995 68,304 70,695 73,169 75,730 Senior Street Maintenance Worker

Landscape Services Trades Worker 22
56,955 58,948 61,011 63,147 65,357 67,644 70,012 72,462 74,999 77,623 Public Services Technician
Senior Building Maintenance Worker
Administrative Assistant 23
58,379 60,422 62,537 64,725 66,991 69,335 71,762 74,274 76,873 79,564 Engineering Technician I
Planning/Building Technician II
Recreation Coordinator
Equipment Mechanic II 24
59,838 61,932 64,100 66,344 68,666 71,069 73,556 76,131 78,795 81,553 City of Rocklin
Public Service Employees Salary Schedule B
Effective October 18, 2023
9391
Accounting Technician II 25 61,334 63,481 65,703 68,002 70,382 72,846 75,395 78,034 80,765 83,592 Community Development Technician
Environmental Services Technician
Building Inspector I 26 62,867 65,068 67,345 69,702 72,142 74,667 77,280 79,985 82,784 85,682 Construction Inspector I
Fire Inspector I
Landscape Inspector
Public Works Inspector I
Senior Irrigation Maintenance Technician

Engineering Technician II 27
64,439 66,694 69,029 71,445 73,945 76,533 79,212 81,984 84,854 87,824 GIS/Engineering Technician
Permit Center Coordinator
Administrative Technician
Accountant I 28
66,050 68,362 70,754 73,231 75,794 78,447 81,192 84,034 86,975 90,019 Building Trades Worker
Code Enforcement Officer
Senior Equipment Mechanic
Building Maintenance Supervisor 29
67,701 70,071 72,523 75,062 77,689 80,408 83,222 86,135 89,150 92,270 Traffic Control and Lighting Technician
Community Development Inspector 30
69,394 71,823 74,336 76,938 79,631 82,418 85,303 88,288 91,378 94,577 Construction Inspector II
Environmental Services Specialist
Housing Specialist
Public Works Inspector II
Senior Building Trades Worker
Building Plans Examiner 31
71,129 73,618 76,195 78,862 81,622 84,479 87,435 90,496 93,663 96,941 GIS Analyst I
Information Technology Specialist
Recreation Supervisor
Building Inspector II 32
72,907 75,459 78,100 80,833 83,662 86,591 89,621 92,758 96,004 99,365 Fire Inspector II
Senior Construction Inspector
Senior Traffic Control and Lighting Technician
9492
Accountant II 33 74,730 77,345 80,052 82,854 85,754 88,755 91,862 95,077 98,405 101,849 Assistant Planner
Fleet Services Supervisor
Landscape Services Supervisor
Permit Services Supervisor
Street Maintenance Supervisor
Assistant Civil Engineer 35
78,513 81,261 84,105 87,048 90,095 93,249 96,512 99,890 103,386 107,005 Facilities Maintenance Supervisor
Public Services Operations Supervisor
Senior Information Technology Specialist

Assistant Land Surveyor 37
82,487 85,375 88,363 91,455 94,656 97,969 101,398 104,947 108,620 112,422 Parks Division Supervisor
Traffic Maintenance Supervisor
Administrative Analyst 39
86,663 89,697 92,836 96,085 99,448 102,929 106,531 110,260 114,119 118,113 Associate Planner
Building Division Supervisor
Facilities Operations Superintendent
Fire Prevention Plans Examiner
GIS Analyst II
Information Technology Analyst
Land Development Engineer
Senior Accountant
Senior Information Technology Analyst 42
93,327 96,593 99,974 103,473 107,095 110,843 114,723 118,738 122,894 127,195 Associate Civil Engineer 43 95,660 99,008 102,474 106,060 109,772 113,614 117,591 121,706 125,966 130,375 Deputy Fire Marshal
Plan Check Engineer 44 98,052 101,483 105,035 108,712 112,517 116,455 120,531 124,749 129,115 133,634 Senior Planner
9593
Classification Range Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Office Assistant I 5 37,430 39,301 41,266 43,329 45,496 47,771 Park Services Aide
Office Assistant II 11 43,407 45,577 47,856 50,249 52,761 55,399 Recreation Specialist
Code Enforcement Technican 14 46,744 49,082 51,536 54,113 56,818 59,659 Street Maintenance Worker I 15 47,914 50,310 52,825 55,467 58,240 61,152 Landscape Services Worker 17 50,339 52,856 55,498 58,273 61,187 64,246 Street Maintenance Worker II
Equipment Mechanic I 19 52,888 55,533 58,309 61,225 64,286 67,500 Planning/Building Technician I
Traffic Maintenance Assistant
Building Maintenance Worker 20 54,210 56,921 59,767 62,755 65,893 69,188 Irrigation Maintenance Technician
Accounting Technician I 21 55,566 58,344 61,261 64,324 67,540 70,917 Senior Street Maintenance Worker
Landscape Services Trades Worker 22 56,955 59,802 62,793 65,932 69,229 72,690 Public Services Technician
Senior Building Maintenance Worker
Administrative Assistant 23 58,379 61,298 64,362 67,581 70,960 74,508 Engineering Technician I
Planning/Building Technician
Recreation Coordinator
City of Rocklin
Public Service Employees Salary Schedule A
Effective November 18, 2023
9694
Equipment Mechanic II 24 59,838 62,830 65,971 69,270 72,734 76,370 Accounting Technician II 25 61,334 64,401 67,621 71,002 74,552 78,279 Community Development Technician
Environmental Services Technician
Building Inspector I 26 62,867 66,011 69,311 72,777 76,416 80,236 Construction Inspector I
Fire Inspector I
Landscape Inspector
Public Works Inspector I
Senior Irrigation Maintenance Technician
Engineering Technician II 27 64,439 67,661 71,044 74,596 78,326 82,242 GIS/Engineering Technician
Permit Center Supervisor
Administrative Technician
Accountant I 28 66,050 69,353 72,820 76,461 80,284 84,298 Building Trades Worker
Code Enforcement Officer
Senior Equipment Mechanic
Building Maintenance Supervisor 29 67,701 71,086 74,641 78,373 82,291 86,406 Traffic Control and Lighting Technician

Community Development Inspector 30 69,394 72,864 76,507 80,332 84,349 88,566 Construction Inspector II
Environmental Services Specialist
Housing Specialist
Public Works Inspector II
Senior Building Trades Worker
Building Plans Examiner 31 71,129 74,685 78,419 82,340 86,457 90,780 GIS Analyst I
Information Technology Specialist
Recreation Supervisor
9795
Building Inspector II 32 72,907 76,552 80,380 84,399 88,619 93,050 Fire Inspector II
Senior Construction Inspector
Senior Traffic Control and Lighting Technician

Accountant II 33 74,730 78,466 82,389 86,509 90,834 95,376 Assistant Planner
Fleet Services Supervisor
Landscape Services Supervisor
Permit Services Supervisor
Street Maintenance Supervisor
Assistant Civil Engineer 35 78,513 82,438 86,560 90,888 95,433 100,204 Facilities Maintenance Supervisor
Public Services Operations Supervisor
Senior Information Technology Specialist

Assistant Land Surveyor 37 82,487 86,612 90,942 95,490 100,264 105,277 Parks Division Supervisor
Traffic Maintenance Supervisor
Administrative Analyst 39 86,663 90,997 95,546 100,324 105,340 110,607 Associate Planner
Building Division Supervisor
Facilities Operations Superintendent
Fire Prevention Plans Examiner
GIS Analyst II
Information Technology Analyst
Land Development Engineer
Senior Accountant
Senior Information Technology Analyst 42 93,327 97,993 102,893 108,038 113,440 119,112

Associate Civil Engineer 43 95,660 100,443 105,465 110,739 116,276 122,089 Deputy Fire Marshal
Plan Check Engineer 44 98,052 102,954 108,102 113,507 119,182 125,142 Senior Planner
9896
Classification Step 1 Step 2 Step 3
Program Assistant 16.28$ 16.84$ 17.43$
Maintenance Worker 17.02$ 17.62$ 18.23$
Senior Public Services Specialist
Police Clerk 18.76$ 19.42$ 20.10$
Senior Maintenance Worker 20.68$ 21.40$ 22.15$
GIS Assistant 21.46$ 22.21$ 22.99$
Reserve Police Officer Coordinator 26.18$

CITY OF ROCKLIN

TEMPORARY POSITIONS

HOURLY SALARY SCHEDULE
Effective December 30, 2023
9997
RESOLUTION NO. 2023-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROCKLIN

ROCKLIN ADOPTING THE RECLASSIFICATION AND REALLOCATIONS IN THE PARKS AND

RECREATION DEPARTMENT, FIRE DEPARTMENT, AND ABOLISHING A CLASSIFICATION WHEREAS, Human Resources has conducted a review of 1.0 FTE Senior Office Assistant encumbered position in the Parks and Recreation Department and 1.0 FTE Senior Office Assistant vacant position in the Fire Department and determined that both positions should be reclassified and reallocated to an Administrative Assistant at AFSCME Salary Range 23; and
WHEREAS, the recommended changes require an update to the Public Services Employees Salary Schedule.

NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Rocklin as follows:

Section 1. Effective November 18, 2023, the City Council approves the reclassification and reallocation of 1.0 FTE encumbered Senior Office Assistant to Administrative Assistant in the Parks and Recreation Department.

Section 2. Effective November 18, 2023, the City Council approves the reclassification and reallocation of 1.0 FTE vacant Senior Office Assistant to Administrative Assistant in the Fire Department.

Section 3. Effective November 18, 2023, the City Council abolishes the classification of Senior Office Assistant.

Section 4. Effective November 18, 2023, the updated Public Services Employees Salary Schedule A & B attached hereto as Exhibit “1” are adopted.

PASSED AND ADOPTED this 14th day of November, 2023, by the following vote:
10098
AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

ATTEST:

Ken Broadway, Mayor
Haley Reid, Acting City Clerk
10199
Classification Range Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9 Step 10 Office Assistant I 5 37,430 38,740 40,096 41,499 42,951 44,455 46,011 47,621 49,288 51,013 Office Assistant II 11 43,407 44,926 46,499 48,126 49,810 51,554 53,358 55,226 57,159 59,159 Recreation Specialist
Code Enforcement Technician 14 46,744 48,380 50,074 51,826 53,640 55,518 57,461 59,472 61,554 63,708 Street Maintenance Worker I 15 47,914 49,591 51,327 53,123 54,983 56,907 58,899 60,960 63,094 65,302 Landscape Services Worker 17 50,339 52,101 53,924 55,811 57,765 59,787 61,879 64,045 66,286 68,606 Street Maintenance Worker II
Equipment Mechanic I 19
52,888 54,739 56,655 58,638 60,690 62,815 65,013 67,288 69,644 72,081 Planning/Building Technician I
Traffic Maintenance Assistant
Building Maintenance Worker 20 54,210 56,108 58,071 60,104 62,208 64,385 66,638 68,971 71,385 73,883 Irrigation Maintenance Technician
Accounting Technician I 21
55,566 57,510 59,523 61,607 63,763 65,995 68,304 70,695 73,169 75,730 Senior Street Maintenance Worker

Landscape Services Trades Worker 22
56,955 58,948 61,011 63,147 65,357 67,644 70,012 72,462 74,999 77,623 Public Services Technician
Senior Building Maintenance Worker
Administrative Assistant 23
58,379 60,422 62,537 64,725 66,991 69,335 71,762 74,274 76,873 79,564 Engineering Technician I
Planning/Building Technician II
Recreation Coordinator
Equipment Mechanic II 24
59,838 61,932 64,100 66,344 68,666 71,069 73,556 76,131 78,795 81,553 City of Rocklin
Public Service Employees Salary Schedule B
Effective October 18, 2023
102100
Accounting Technician II 25 61,334 63,481 65,703 68,002 70,382 72,846 75,395 78,034 80,765 83,592 Community Development Technician
Environmental Services Technician
Building Inspector I 26 62,867 65,068 67,345 69,702 72,142 74,667 77,280 79,985 82,784 85,682 Construction Inspector I
Fire Inspector I
Landscape Inspector
Public Works Inspector I
Senior Irrigation Maintenance Technician

Engineering Technician II 27
64,439 66,694 69,029 71,445 73,945 76,533 79,212 81,984 84,854 87,824 GIS/Engineering Technician
Permit Center Coordinator
Administrative Technician
Accountant I 28
66,050 68,362 70,754 73,231 75,794 78,447 81,192 84,034 86,975 90,019 Building Trades Worker
Code Enforcement Officer
Senior Equipment Mechanic
Building Maintenance Supervisor 29
67,701 70,071 72,523 75,062 77,689 80,408 83,222 86,135 89,150 92,270 Traffic Control and Lighting Technician
Community Development Inspector 30
69,394 71,823 74,336 76,938 79,631 82,418 85,303 88,288 91,378 94,577 Construction Inspector II
Environmental Services Specialist
Housing Specialist
Public Works Inspector II
Senior Building Trades Worker
Building Plans Examiner 31
71,129 73,618 76,195 78,862 81,622 84,479 87,435 90,496 93,663 96,941 GIS Analyst I
Information Technology Specialist
Recreation Supervisor
Building Inspector II 32
72,907 75,459 78,100 80,833 83,662 86,591 89,621 92,758 96,004 99,365 Fire Inspector II
Senior Construction Inspector
Senior Traffic Control and Lighting Technician
103101
Accountant II 33 74,730 77,345 80,052 82,854 85,754 88,755 91,862 95,077 98,405 101,849 Assistant Planner
Fleet Services Supervisor
Landscape Services Supervisor
Permit Services Supervisor
Street Maintenance Supervisor
Assistant Civil Engineer 35
78,513 81,261 84,105 87,048 90,095 93,249 96,512 99,890 103,386 107,005 Facilities Maintenance Supervisor
Public Services Operations Supervisor
Senior Information Technology Specialist

Assistant Land Surveyor 37
82,487 85,375 88,363 91,455 94,656 97,969 101,398 104,947 108,620 112,422 Parks Division Supervisor
Traffic Maintenance Supervisor
Administrative Analyst 39
86,663 89,697 92,836 96,085 99,448 102,929 106,531 110,260 114,119 118,113 Associate Planner
Building Division Supervisor
Facilities Operations Superintendent
Fire Prevention Plans Examiner
GIS Analyst II
Information Technology Analyst
Land Development Engineer
Senior Accountant
Senior Information Technology Analyst 42
93,327 96,593 99,974 103,473 107,095 110,843 114,723 118,738 122,894 127,195 Associate Civil Engineer 43 95,660 99,008 102,474 106,060 109,772 113,614 117,591 121,706 125,966 130,375 Deputy Fire Marshal
Plan Check Engineer 44 98,052 101,483 105,035 108,712 112,517 116,455 120,531 124,749 129,115 133,634 Senior Planner
104102
Classification Range Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Office Assistant I 5 37,430 39,301 41,266 43,329 45,496 47,771 Park Services Aide
Office Assistant II 11 43,407 45,577 47,856 50,249 52,761 55,399 Recreation Specialist
Code Enforcement Technican 14 46,744 49,082 51,536 54,113 56,818 59,659 Street Maintenance Worker I 15 47,914 50,310 52,825 55,467 58,240 61,152 Landscape Services Worker 17 50,339 52,856 55,498 58,273 61,187 64,246 Street Maintenance Worker II
Equipment Mechanic I 19 52,888 55,533 58,309 61,225 64,286 67,500 Planning/Building Technician I
Traffic Maintenance Assistant
Building Maintenance Worker 20 54,210 56,921 59,767 62,755 65,893 69,188 Irrigation Maintenance Technician
Accounting Technician I 21 55,566 58,344 61,261 64,324 67,540 70,917 Senior Street Maintenance Worker
Landscape Services Trades Worker 22 56,955 59,802 62,793 65,932 69,229 72,690 Public Services Technician
Senior Building Maintenance Worker
Administrative Assistant 23 58,379 61,298 64,362 67,581 70,960 74,508 Engineering Technician I
Planning/Building Technician
Recreation Coordinator
City of Rocklin
Public Service Employees Salary Schedule A
Effective November 18, 2023
105103
Equipment Mechanic II 24 59,838 62,830 65,971 69,270 72,734 76,370 Accounting Technician II 25 61,334 64,401 67,621 71,002 74,552 78,279 Community Development Technician
Environmental Services Technician
Building Inspector I 26 62,867 66,011 69,311 72,777 76,416 80,236 Construction Inspector I
Fire Inspector I
Landscape Inspector
Public Works Inspector I
Senior Irrigation Maintenance Technician
Engineering Technician II 27 64,439 67,661 71,044 74,596 78,326 82,242 GIS/Engineering Technician
Permit Center Supervisor
Administrative Technician
Accountant I 28 66,050 69,353 72,820 76,461 80,284 84,298 Building Trades Worker
Code Enforcement Officer
Senior Equipment Mechanic
Building Maintenance Supervisor 29 67,701 71,086 74,641 78,373 82,291 86,406 Traffic Control and Lighting Technician

Community Development Inspector 30 69,394 72,864 76,507 80,332 84,349 88,566 Construction Inspector II
Environmental Services Specialist
Housing Specialist
Public Works Inspector II
Senior Building Trades Worker
Building Plans Examiner 31 71,129 74,685 78,419 82,340 86,457 90,780 GIS Analyst I
Information Technology Specialist
Recreation Supervisor
106104
Building Inspector II 32 72,907 76,552 80,380 84,399 88,619 93,050 Fire Inspector II
Senior Construction Inspector
Senior Traffic Control and Lighting Technician

Accountant II 33 74,730 78,466 82,389 86,509 90,834 95,376 Assistant Planner
Fleet Services Supervisor
Landscape Services Supervisor
Permit Services Supervisor
Street Maintenance Supervisor
Assistant Civil Engineer 35 78,513 82,438 86,560 90,888 95,433 100,204 Facilities Maintenance Supervisor
Public Services Operations Supervisor
Senior Information Technology Specialist

Assistant Land Surveyor 37 82,487 86,612 90,942 95,490 100,264 105,277 Parks Division Supervisor
Traffic Maintenance Supervisor
Administrative Analyst 39 86,663 90,997 95,546 100,324 105,340 110,607 Associate Planner
Building Division Supervisor
Facilities Operations Superintendent
Fire Prevention Plans Examiner
GIS Analyst II
Information Technology Analyst
Land Development Engineer
Senior Accountant
Senior Information Technology Analyst 42 93,327 97,993 102,893 108,038 113,440 119,112

Associate Civil Engineer 43 95,660 100,443 105,465 110,739 116,276 122,089 Deputy Fire Marshal
Plan Check Engineer 44 98,052 102,954 108,102 113,507 119,182 125,142 Senior Planner
107105
RESOLUTION NO. 2023-

ADOPT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROCKLIN TO ADOPT A SALARY RANGE AND ALLOCATION FOR ADMINISTRATIVE OFFICE CLERK; REALLOCATE ONE SENIOR ADMNISTRATIVE ASSISTANT TO ADMINISTRATIVE OFFICE ASSISTANT; AND ADOPT REVISED CONFIDENTIAL EMPLOYEES SALARY SCHEDULE.

WHEREAS, Human Resources (HR) recommends the Senior Administrative Assistant title be changed to Administrative Office Assistant;
WHEREAS, HR has conducted a review of the workload in the Department of Administrative Services and recommends adding one 0.50 regular benefited FTE Administrative Office Clerk; and
WHEREAS, HR determined the Administrative Office Clerk classification should be assigned to the Confidential employees’ group at Confidential Salary Range 6 ($43,666 - $59,512); and
WHEREAS, the recommended changes require an update to the Confidential Employees Salary Schedules.

NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Rocklin as follows:

Section 1. Effective November 18, 2023, the City Council approves adopting one

0.50 FTE Administrative Office Clerk allocation in the Department of Administrative Services.

Section 2. Effective November 18, 2023, the City Council approves the title change from Senior Administrative Assistant to Administrative Office Assistant.

Section 3. Effective November 18, 2023, the City Council adopts the updated Confidential Employees Salary Schedules A & B attached hereto as Exhibit “1”.

PASSED AND ADOPTED this 14
th
day of November, 2023, by the following vote:
108106
AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

ATTEST:

Ken Broadway, Mayor
Haley Reid, Acting City Clerk
109107
Classification Range 1 2 3 4 5 6
Administrative Office Assistant 6 $43,666 $45,849 $48,142 $50,549 $53,076 $55,730 Communications Specialist 8 45,876 48,170 50,579 53,108 55,763 58,551 Administrative Assistant 11 49,404 51,874 54,468 57,191 60,051 63,053 Departmental Administrative Specialist 17 57,293 60,158 63,166 66,324 69,641 73,123 Human Resources Technician I
Legal Secretary
Payroll Technician I
Deputy City Clerk 20 61,699 64,784 68,023 71,424 74,995 78,745 Human Resources Technician II
Payroll Technician II
Senior Departmental Administrative Specialist
Senior Police Technician
Executive Assistant 24 68,104 71,509 75,085 78,839 82,781 86,920 Executive Assistant to the City Manager
Paralegal

CITY OF ROCKLIN

CONFIDENTIAL SALARY SCHEDULE A
(Annual Salary)
Effective November 18, 2023
110108

CITY OF ROCKLIN

CONFIDENTIAL SALARY SCHEDULE B
(Annual Salary)
Effective November 18, 2023

Classification Range 1 2 3 4 5 6 7 8 9 10

Administrative Office Clerk 6 43,666 45,194 46,776 48,413 50,108 51,861 53,677 55,555 57,500 59,512

Communications Specialist 8 45,876 47,482 49,144 50,864 52,644 54,487 56,394 58,368 60,411 62,525

Administrative Office Assistant 11 49,404 51,133 52,923 54,775 56,692 58,676 60,730 62,856 65,056 67,333

Departmental Administrative Specialist 17 57,293 59,299 61,374 63,522 65,746 68,047 70,428 72,893 75,445 78,085 Human Resources Technician I
Legal Secretary
Payroll Technician I

Deputy City Clerk 20 61,699 63,858 66,093 68,407 70,801 73,279 75,844 78,498 81,245 84,089 Human Resources Technician II
Payroll Technician II
Senior Departmental Administrative Specialist
Senior Police Technician

Executive Assistant 24 68,104 70,488 72,955 75,508 78,151 80,886 83,717 86,647 89,680 92,819 Executive Assistant to the City Manager
Paralegal
111109
City Council
Staff Report

Subject:

Amendment to the Liebert Cassidy Whitmore Professional Services Agreement
Date:

November 14, 2023
Submitted By:

Tameka Usher, Administrative Services
Department:

Administrative Services - Human Resources
Recommendation:

Adopt a Resolution of the City Council of the City of Rocklin Approving Amendment No. 2 to the Professional Services Agreement with Liebert Cassidy Whitmore and Authorizing the City Manager to Execute Amendment No. 2.

Background:

In January the City entered into a contract with Liebert Cassidy Whitmore for special counsel legal services to support public safety and employment law issues as the arise, legal opinions, policy review. Subsequently, given the vacancies in the City Attorney’s Office, Amendment No. 1 was executed June 1, 2023 under the City Manager’s authority for additional employment law and public safety legal support, increasing the contract ceiling to $100,000.

In light of the continued vacancies in the City Attorney’s Office, staff recommends Amendment No. 2, to amend the term of the Professional Services Agreement through June 30, 2024 and increase the not-to-exceed amount to two hundred thousand dollars ($200,000). This amendment will ensure the City has competent and professional legal services to respond to employment law and public safety legal services, as needed, until the City Attorney’s Office is fully staffed.

Fiscal Impact:

The increase to the contract is $100,000. Sufficient funds are available in the Fiscal Year 2023/24 Operating Budget in the City Attorney’s Office budget.

Item Number 2F.

ATTACHMENTS:

1. Resolution
112110

2. Amendment No. 2 to the Agreement with Liebert Cassidy Whitmore 113111
RESOLUTION NO. 2023-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROCKLIN APPROVING AMENDMENT NO. 2 TO THE

PROFESSIONAL SERVICES AGREEMENT WITH LIEBERT CASSIDY WHITMORE AND AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 2.

WHEREAS, the City has a current professional services agreement with Liebert Whitmore and Cassidy (LCW) to provide competent and professional legal services to respond to employment law and public safety legal services, as needed, that were previously handled by the City Attorney’s Office; and
WHEREAS, the City wishes to amend said agreement via Amendment No.2 to a) increase the “not-to-exceed” amount to $200,000, and b) extend to June, 30, 2024.

NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Rocklin as follows:

Section 1. Effective November 14, 2023, the City Council approves Amendment No.2 to increase the LCW professional services agreement to $200,000.00.

Section 2. Effective November 14, 2023, the City Council approves Amendment No.2 to change the end date of the LCW professional services agreement to June 30, 2024.

Section 3. Effective November 14, 2023, the City Council approves the City Manager to execute Amendment No. 2 of the LCW professional services agreement.

PASSED AND ADOPTED this 14th day of November 2023, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

Ken Broadway, Mayor
ATTEST:

Haley Reid, Acting City Clerk
114112
AMENDMENT NO. 2

TO PROFESSIONAL SERVICES AGREMENT

BETWEEN THE CITY OF ROCKLIN AND LIEBERT CASSIDY AND WHITMORE This Amendment is entered into on ______________________________, by and between the City of Rocklin, a municipal corporation (“City”) and Liebert Cassidy and Whitmore (“Contractor”) who agree as follows:

RECITALS
WHEREAS, City and Contractor entered into a Professional Services Agreement dated January 1, 2023, for special counsel legal services; and WHEREAS, City and Contractor entered into an Amendment No. 1 dated June 1, 2023, to increase the not to exceed amount and extend the term of the agreement; and WHEREAS, City and Contractor wish to increase the not to exceed amount and extend the term of the agreement.

AGREEMENT
NOW, therefore, the City and Contractor hereby agree to amend the Professional Services Agreement as follows:

1. Section 2 entitled “Payment” is amended to increase the not to exceed amount of the contract to Two Hundred Thousand Dollars ($200,000).

2. Exhibit A, subsection “Payment Provisions” is amended to increase the not to exceed amount to Two Hundred Thousand Dollars ($200,000).

3. Section 15 entitled “Term” is amended and shall continue in effect until June 30, 2024, unless sooner terminated or extended as provided in the contract.

Except as set forth in this Amendment, the Professional Services Agreement is unaffected and shall continue in full force and effect in accordance with its terms. If there is a conflict between this Amendment and the Professional Services Agreement, the terms of this Amendment will prevail.

Executed as of the date first written above.
“CITY”
By: __________________________
Aly Zimmermann, City Manager
115113
“CONTRACTOR”
By: ________________________________
J. Scott Tiedemann, Managing Partner
By: ________________________________
Jack Hughes, Partner
APPROVED AS TO FORM:

By: _____________________________
Daniel Cucchi, Interim City Attorney
ATTEST:

By: _____________________________
Haley Reid, Acting City Clerk
116114
City Council
Staff Report

Subject:

Community Development Department Quarterly Building Report Date:

November 14, 2023
Submitted By:

David Mohlenbrok, Director of Community Development
Department:

Community Development
Recommendation:

Receive the Quarterly Building Report for the Quarter which ended September 30, 2023.

Item Number 2G.

ATTACHMENTS:

1. Community Development Department Quarterly Building Report 117115

CITY OF ROCKLIN
Community Development Department
Building Division

MONTHLY BUILDINGREP ORTS
July – September 2023
118116

NUMBER OF

PERMITS ISSUED
8 1
1 3
3 56
1 2
10 31
1 11
25 2
23 1
1 4
10 3
7 15
8 7
38 2
5 14
14 3
20 2
11 6
1 2
1 1
72 11
262Totals: $10,218,036.36 $348,798.25
WEB RES WATER HEATER $19,509.00 $3,008.50
PLANNING PERMIT $0.00 $386.00
WEB RES HVAC $1,068,792.27 $19,696.00
SIGN $29,400.00 $1,490.10
BLDG PLANNING PERMIT $29,400.00 $1,104.10
PATIO COVER $74,232.00 $4,659.28
SHED $11,057.45 $556.96
ACCESSORY BUILDING $121,759.00 $5,908.87
DWELLING $2,304,780.41 $201,724.73
SIDING $120,841.95 $2,452.76
RES 1 2 FAMILY NEW $2,511,828.86 $212,849.84
OTHER $229,017.00 $5,775.56
ROOFING $199,170.00 $5,474.37
ADDITION $31,500.00 $2,108.70
ALTERATIONS $112,427.00 $5,407.67
POOL/SPA $658,582.00 $8,003.12
RES 1 2 FAMILY ALTER $692,955.95 $21,219.06
POOL $1,302,648.00 $16,471.62
POOL $644,066.00 $8,468.50
OTHER $40,800.00 $1,138.77
WATER HEATER-RES $33,609.70 $2,048.50
PLUMBING $74,409.70 $3,187.27
OTHER $93,000.00 $2,243.25
PERMIT REISSUE $1,662,108.13 $1,395.88
HVAC-RES $375,544.37 $6,382.50
MULTI FAMILY ALTER $93,000.00 $2,243.25
MECHANICAL $413,044.37 $7,168.83
HVAC-COM $37,500.00 $786.33
PORTABLE SPA $1,286.00 $421.50
PV/ESS-RES $499,208.15 $12,425.72
EVCS - RES $33,046.60 $3,003.00
PHOTOVOLTAIC-RES $820,907.33 $15,323.13
ELECTRICAL PANEL-COM $8,176.00 $273.50
ELECTRICAL PANEL-RES $11,300.00 $547.00
TENANT IMPROVEMENT $495,000.00 $18,311.42
ELECTRICAL $1,373,924.08 $31,993.85
OTHER $5,978.00 $1,140.67
ROOFING $300,438.00 $3,964.83
COMMERCIAL ALTER $976,416.00 $28,074.05
ALTERATIONS $175,000.00 $4,657.13

PERMIT TYPE VALUATION FEES CHARGED
Permits Issued - Summary by Type
City of Rocklin
Date Range Between 7/1/2023 and 7/31/2023
Printed: 1 of 1 119117

NUMBER OF PERMITS
ISSUED
6 1
4 1
2 2
51 4
10 3
23 1
10 19
2 17
8 11
3 4
4 8
5 3
50 2
1 11
20 12
4 37
5 21
9 2
4 4
67 12
275Totals: $14,425,472.46 $548,457.42
WEB RES WATER HEATER $25,420.40 $3,282.00
BLDG PLANNING PERMIT $5,500.00 $2,607.00
WEB RES HVAC $1,082,794.65 $18,331.50
RETAINING WALL $45,000.00 $1,857.15
SIGN $5,500.00 $2,607.00
DWELLING $7,695,966.02 $390,214.14
PATIO COVER $157,180.00 $7,667.40
RES 1 2 FAMILY NEW $8,040,092.82 $408,097.49
DETACHED GARAGE $141,946.80 $8,358.80
ROOFING $221,513.00 $4,556.00
SIDING $82,360.00 $2,799.72
ALTERATIONS $376,200.00 $13,282.20
OTHER $274,320.64 $10,573.91
ADDITION $105,400.00 $4,713.46
ADDITION AND ALTERATION $400,000.00 $11,646.08
POOL/SPA $251,505.00 $4,111.61
RES 1 2 FAMILY ALTER $1,459,793.64 $47,571.37
POOL $688,380.00 $9,328.91
POOL $436,875.00 $5,217.30
SOLAR PANELS-RES $25,100.00 $1,596.80
WATER HEATER-RES $13,050.00 $1,094.00
PLUMBING $72,583.47 $3,511.30
OTHER $34,433.47 $820.50
PERMIT REISSUE $32,445.00 $2,939.02
HVAC-COM $67,000.00 $883.73
HVAC-RES $204,301.72 $4,649.50
PV/ESS-RES $443,005.40 $11,392.11
MECHANICAL $271,301.72 $5,533.23
PHOTOVOLTAIC-RES $442,940.86 $11,254.87
PORTABLE SPA $35,000.00 $425.50
EVCS - RES $71,751.00 $2,799.41
PHOTOVOLTAIC-COM $1,044,480.00 $5,407.00
ELECTRICAL $2,048,886.76 $32,477.89
ELECTRICAL PANEL-RES $11,709.50 $1,199.00
COMMERCIAL NEW $330,000.00 $6,171.81
OTHER $330,000.00 $6,171.81
ROOFING $214,774.00 $3,530.29
TENANT IMPROVEMENT $103,000.00 $3,981.14
COMMERCIAL ALTER $368,274.00 $8,605.90
OTHER $50,500.00 $1,094.47
Permits Issued - Summary by Type
City of Rocklin
Date Range Between 8/1/2023 and 8/31/2023

PERMIT TYPE VALUATION FEES CHARGED
Printed: 1 of 1 120118

NUMBER OF PERMITS
ISSUED
8 2
5 1
1 1
31 4
6 1
10 10
12 3
9 2
2 2
2 15
7 1
1 6
7 2
5 42
1 13
2 9
16 1
18 7
1 8
2 5
3 2
44 44
11 11
198Totals: $6,580,117.92 $248,269.02
WEB RES WATER HEATER $28,535.00 $3,008.50
Unassigned $28,535.00 $3,008.50
WEB RES HVAC $562,976.25 $12,035.00
Unassigned $562,976.25 $12,035.00
BLDG PLANNING PERMIT $12,500.00 $2,107.31
PLANNING PERMIT $1,400.00 $772.00
RETAINING WALL $10,231.00 $1,095.27
SIGN $13,900.00 $2,879.31
OTHER $50,000.00 $1,601.80
PATIO COVER $94,926.50 $6,141.97
RES 1 2 FAMILY NEW $1,895,413.90 $143,398.51
DWELLING $1,740,256.40 $134,559.47
ROOFING $301,466.15 $6,075.00
SIDING $54,832.00 $986.13
DWELLING $121,400.00 $5,921.01
OTHER $146,906.68 $3,488.01
ADDITION AND ALTERATION $65,600.00 $2,870.60
ALTERATIONS $350,504.63 $16,071.11
POOL/SPA $599,338.00 $7,272.41
RES 1 2 FAMILY ALTER $1,040,709.46 $35,411.86
POOL $834,138.00 $9,798.94
POOL $234,800.00 $2,526.53
WATER HEATER-COM $1,475.00 $273.50
WATER HEATER-RES $20,034.86 $1,725.00
OTHER $83,600.00 $2,100.91
SOLAR PANELS-RES $9,000.00 $378.31
Unassigned $740,000.00 $779.56
PLUMBING $114,109.86 $4,477.72
ELEC/MECH/PLUM-RES $62,000.00 $980.22
PERMIT REISSUE $740,000.00 $779.56
HVAC-RES $114,854.41 $2,461.50
MISCELLANEOUS $62,000.00 $980.22
MECHANICAL $160,130.41 $3,558.77
HVAC-COM $45,276.00 $1,097.27
PHOTOVOLTAIC-RES $232,277.00 $4,634.00
PV/ESS-RES $391,139.00 $11,079.00
EVCS - RES $10,124.04 $1,641.00
OTHER $45.00 $273.50
ELECTRICAL $646,985.04 $18,805.50
ELECTRICAL PANEL-RES $13,400.00 $1,178.00
DEMOLITION $500.00 $551.50
OTHER $500.00 $551.50
OTHER $348,000.00 $8,879.74
ROOFING $10,720.00 $542.83
COMMERCIAL ALTER $480,720.00 $12,583.63
ALTERATIONS $122,000.00 $3,161.06
Permits Issued - Summary by Type
City of Rocklin
Date Range Between 9/1/2023 and 9/30/2023

PERMIT TYPE VALUATION FEES CHARGED
Printed: 1 of 1 121119
City Council
Staff Report

Subject:

College Park Fire Fuel Load Management Contract
Date:

November 14, 2023
Submitted By:

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

Public Services
Recommendation:

Adopt a Resolution of the City Council of the City of Rocklin Awarding the Contract for College Park Fire Fuel Load Management to Tree Pro Tree Service, Inc. and Authorizing the City Manager to Execute an Agreement.

Background:

The Development Agreement between the City of Rocklin and the developers of College Park requires that the City accept open space areas within the College Park Development Area (see Attachment 2 for location maps). These open space areas need to be brought up to City standards for Fire Fuel Load Management.

The College Park Fire Fuel Load Management project consists of abating all flammable vegetation within one hundred (100) feet of both residential and commercial property lines and abating all dead or dying brush, trees, limbs, and branches within six (6) feet of the ground within the open space areas accepted by the City of Rocklin.

The bid for College Park Fire Fuel Load Management was advertised on September 7, 2023, and September 14, 2023, with the bid opening Thursday, October 19, 2023. Two (2) bids were received from the following (Attachment 3).

• Tree Pro Tree Service Inc. (Penryn) $ 71,575 • Pile Engineering R&G (Auburn) $477,000

Staff has reviewed the low bid for sufficiency, determined it was responsive, and determined Tree Pro Tree Service Inc. submitted a responsible bid. Staff recommends that the City Council award the contract to Tree Pro Tree Service Inc. Pursuant to the Rocklin Municipal Code 3.04.050, the City Manager has change order authority of fifteen (15) percent of the contract amount $10,736.25. The amount for this project including fifteen (15) percent change order authority brings the total cost to $82,311.25.

Item Number 2H.

122120

Environmental Analysis:

The City of Rocklin’s Environmental Coordinator has reviewed the City of Rocklin Weed Abatement Project under the previously approved Notice of Exemption for the City’s weed abatement projects, Resolution No. 2019-259 and is exempt from review under the California Environmental Quality Act (CEQA) pursuant to California Code of Regulations Section 15301.

Fiscal Impact:

There is no fiscal impact associated with this contract as the developer will be reimbursing the City for all work done under this contract.

ATTACHMENTS:

1. Resolution

2. Project Location Maps

3. Bid Summary
123121
RESOLUTION NO. 2023-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROCKLIN

AWARDING THE CONTRACT FOR COLLEGE PARK FIRE FUEL LOAD MANAGEMENT TO TREE PRO TREE SERVICE, INC. AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WHEREAS, the College Park Fire Fuel Load Management project consists of abating flammable vegetation within the open space areas of the College Park Development Area and bringing them into compliance with City standards for fire fuel load management; and WHEREAS, the invitation for bids was advertised September 7, 2023, and September 14, 2023, with the bid opening Thursday, October 19, 2023, the bids were examined and found to be in compliance with all applicable specifications; and WHEREAS, the lowest responsible bid was determined to be $71,575 submitted by Tree Pro Tree Service Inc.; and
WHEREAS, pursuant to the Rocklin Municipal Code, section 3.04.050, a contingency amount of fifteen percent of the contract $10,736.25, is automatically authorized for all public works project contracts awarded by the City Council or the City Manager, as long as adequate funds have been appropriated, bringing the total authorized project amount to $82,311.25; and
WHEREAS, there is no fiscal impact as the developer will be reimbursing the City for all work done under this contract.

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

Section 1. The City Council awards the contract for the College Park Fire Fuel Load Management to Tree Pro Tree Service Inc
Section 2. The City Manager is authorized to execute an Agreement with Tree Pro Tree Service Inc. for the Project, in substantially the form attached hereto as Exhibit “A.” PASSED AND ADOPTED this 14th day of November, 2023, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:
124122

Reso. No. 2023-
____________________________________
Ken Broadway, Mayor
ATTEST:
____________________________
Haley Reid, Acting City Clerk
125123

Reso. No. 2023-

EXHIBIT A

CONSTRUCTION AGREEMENT
THIS AGREEMENT, dated for identification as of November 14, 2023, is between the CITY OF ROCKLIN, a municipal corporation, (hereinafter called "City"), and TREE PRO TREE SERVICE, INC., a corporation (hereinafter called "Contractor").

The parties hereto mutually agree to the terms and condition set forth herein.

I. CONTRACT DOCUMENTS
A. The Contract Documents referred to herein are incorporated herein by reference as if set forth in full in this Agreement.

B. Work called for in any one Contract Document and not mentioned in another is to be performed and executed as if mentioned in all Contract Documents. The table of contents, titles and headings contained herein and in said documents are solely to facilitate reference to various provisions of the Contract Documents and in no way affect or limit the interpretations of the provisions to which they refer.

C. The Contract Documents shall include the Notice to Contractors, Addenda, Bid Form, Agreement, Plans, General Provisions, Special Provisions, General Requirements (Division 1), Technical Specifications (Divisions 2 through 16), Permits from other agencies as may be required by law, City of Rocklin Construction Specifications, Improvement Standards and Standard Drawings, Caltrans Standard Plans and Specifications as applicable, Standard Forms, Supplemental Drawings, all required bonds, Exhibits, the Contract Schedule, Storm Water Pollution Prevention Plan (whether prepared by the City or the Contractor) and any and all supplemental agreements amending or extending the Work contemplated and which may be required to complete the Work in an acceptable manner. Supplemental agreements are written agreements covering alterations, amendments or extensions to the Contract Documents and include Change Orders, Construction Change Directives, Field Directives, Field Orders and Supplemental Drawings.

D. The General Provisions shall mean and refer to the current General Provisions of the City of Rocklin, which are incorporated herein by this reference as if set forth herein.

II. DEFINITIONS
Unless otherwise specifically provided herein, all works and phrases defined in the General Provisions shall have the same meaning and intent in this Agreement.

III. AGREEMENT CONTROLS
In the event of a conflict between the terms and conditions as set forth in this Agreement and the terms and conditions set forth in other Contract Documents, the terms and conditions set forth in this Agreement shall prevail.

IV. SCOPE OF CONTRACT
Contractor agrees to furnish all tools, equipment, apparatus, facilities, labor and material and transportation necessary to perform and complete in a good and workman like manner to the satisfaction of City, all the work required for the Contract for the Project entitled: Fire Station No. 24 & Fire Station No. 25 Security
V. CONTRACT AMOUNT AND PAYMENTS
City agrees to pay and Contractor agrees to accept, in full payment for the above work, Seventy-One Thousand, Five Hundred Seventy-Five ($71,575) as the stipulated sum 126124

Reso. No. 2023-
price which Contractor bid in its Bid Form, subject to additions and deductions by Change Order(s) as provided in the General Conditions.

IIII. PROGRESS AND FINAL PAYMENTS
Progress and final payments shall be in accordance with the General Provisions.

IVII. RETENTION OF SUMS CHARGED AGAINST CONTRACTOR
When, under the provisions of this contract, City shall charge any sum of money against Contractor, City shall deduct and retain the amount of such charge from the amount of the next succeeding progress estimate, or from any other moneys due or that may become due to the Contractor from City. If, on completion or termination of the Contract, sums due contractor are insufficient to pay City's charges against him, City shall have the right to recover the balance from Contractor or his sureties.

VII. TIME OF COMPLETION
A. The entire Work shall be brought to completion in the manner and within the time period provided for in the Contract Documents, commencing on the date of issuance of the Notice to Proceed.

B. Failure to complete the Work by the completion date and in the manner provided for by the Contract Documents shall subject Contractor to liquidated damages as hereinafter provided in this Agreement. Time is of the essence in these Contract Documents.

IX. INSURANCE
Contractor shall maintain in full force and effect at all times during the term of the Agreement, at its sole expense, policies of insurance in accordance with the General Provisions.

X. NO WAIVER OF REMEDIES
A. Neither the inspection by City or its agents, nor any order or certificate for the payment of money, nor any payment for, nor acceptance of the whole or any part of the Work by City, nor any extensions of time, nor any position taken by City or its agents shall operate as a waiver of any provision of this Agreement or of any power herein reserved to City or any right to damages herein provided, nor shall any waiver of any breach of the Agreement be held to be a waiver of any other or subsequent breach.

B. All remedies provided in this Agreement shall be taken and construed as cumulative; that is, in addition to each and every other remedy herein provided, and City shall have any and all equitable and legal remedies which it would in any case have.

XI. DETERMINATION OF DAMAGES
A. The actual fact of the occurrences of damages and the actual amount of the damages which City would suffer if the Work were not completed within the specified times set forth are dependent upon many circumstances and conditions which could prevail in various combinations, and, from the nature of the case, it is impracticable and extremely difficult to fix the actual damages.

B. Damages which City would suffer in the event of delay include loss of the use of the Project, and, in addition, expenses of prolonged employment of an architectural and engineering staff; costs of administration, inspection, and supervision; and the loss suffered by the public within the City of Rocklin by reasons of the delay in the completion of the Project to serve the public at the earliest possible time.

C. Accordingly, the parties hereto agree, and by execution of this Agreement, Contractor acknowledges that it understands, has ascertained and agrees, that the amounts set forth herein as liquidated damages shall be presumed to be that amount of damages sustained by the failure of Contractor to complete the entire work within the times specified.
127125

Reso. No. 2023-
XII.LIQUIDATED DAMAGES
A. The amount of the liquidated damages to be paid by Contractor to City for failure to complete the entire work in the specified number of Working or Calendar Days (as extended, if applicable) will be Five Hundred Dollars ($500.00) for each Calendar day, continuing to the time at which the Work is completed.

B. Such amount is the actual cash value agreed upon as the loss to City resulting from Contractor's delay.

VIIII. TERMINATION AFTER ALLOTTED WORKING OR CALENDAR DAYS A. In addition to any rights it may have, City may terminate this Contract or the Contractor’s right to proceed at any time after the allotted number of Working or Calendar Days as adjusted by any extensions of time for excusable delays that may have been granted.

B. Upon such termination Contractor any compensation shall be in accordance with Section

5.23 of the General Provisions, and it shall be liable to City for liquidated damages for all periods of time beyond such termination date until the Work is completed.

XIV. CONTRACTOR BANKRUPT
A. If Contractor should commence any proceeding under the Bankruptcy Act, or if contractor be adjudged a bankrupt, or if Contractor should make any assignment for the benefit of creditors, or if a receiver should be appointed on account of Contractor's insolvency, then the City Council may, without prejudice to any other right or remedy, terminate the Contract and complete the work by giving notice to Contractor and his surety according to the provisions of Article 5 of the General Provisions.

B. City shall have the right to complete, or cause completion of the work, all as specified in the General Provisions of the General Provisions.

XV.PERFORMANCE AND PAYMENT BONDS
A. The Contractor shall, before beginning said work, file two bonds with the City, each made payable to the City. These bonds shall be issued by a Surety Company authorized to do business in the State of California, and shall be maintained during the entire life of the Contract at the expense of the Contractor.

1. One bond shall be in the amount of one hundred percent (100%) of the Contract and shall guarantee the Faithful Performance of the Contract.

2. The second bond shall be the Payment Bond required by Part 4, Title 15, Chapter 7, Division Three of the Civil Code of the State of California and shall be in the amount of one hundred percent (100%) of the Contract.

B. Any alteration or alterations made in any provision of this Contract shall not operate to release any surety from liability on any bond required hereunder and the consent to make such alterations is hereby given, and any surety on said bonds hereby waives the provisions of Section 2819 of the Civil Code.

C. Bonds shall only be accepted from an “Admitted surety insurer”, which means an insurer to which the Insurance Commissioner has issued a certificate of authority to transact surety insurance in this state. Contractor must submit all of the following with the bonds:
 The original, or a certified copy, of the unrevoked appointment, power of attorney, bylaws or other instrument entitling or authorizing the person who executed the bond to do so.

XVI. SUBSTITUTION OF SECURITIES OF MONEY WITHHELD
A. At any time prior to final payment, Contractor may request substitution of securities for any money withheld by the City to ensure performance of the Contract. 128126

Reso. No. 2023-
B. At the expense of the Contractor, securities equivalent to the money withheld may be deposited with the City or with an approved financial institution as escrow agent according to a separate Security Agreement.

C. Securities eligible for substitution shall include those listed in Section 16430 of the Government Code or bank or savings and loan certificates of deposit. A fee set by the City Council shall be charged for such substitution.

XVII. LABOR CODE COMPLIANCE
A. City affirmatively identifies this project as a “public work” as that term is defined by Labor Code section 1720, and the project is, therefore, subject to prevailing wages under Labor Code section 1771.

B. Contractor and its subcontractors shall fully comply with all the provisions of the California Labor Code governing the performance of public works contracts including, but not limited to, payment of prevailing wages, limitations on time worked, compliance with apprentice requirements, maintenance of payroll records, posting of wages at job site and prohibitions against discrimination.

XVIII. UNFAIR COMPETITION
A. The following provision is included in this agreement pursuant to California Public Contract Code §7103.5.
"In entering into a public works contract or a subcontract to supply goods, services, or materials pursuant to a public works contract, the contractor or subcontractor offers and agrees to assigning to the awarding body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the time the awarding body tenders final payment to the contractor, without further acknowledgment by the parties."
XIX. ASSIGNMENT
Neither this Agreement nor any rights herein of Contractor shall be assigned without the written consent of City first obtained.

XIX. NO THIRD PARTY BENEFICIARIES
This Agreement is entered into solely between the City and Contractor. There are no third party beneficiaries, intended, unintended, or otherwise to this Agreement. /////SIGNATURE PAGE FOLLOWS/////
129127

Reso. No. 2023-
IN WITNESS WHEREOF, the parties hereto have signed the Agreement on the date set forth opposite their names.

CONTRACTOR: (California Corporations: must be signed by company’s CEO, President, or Vice President
as well as the Secretary or CFO.)
Date Tax I.D. Number
Signature Signature
Richard Stutz Print Name
CEO Title
CITY OF ROCKLIN, A Municipal Corporation:

Aly Zimmermann, City Manager
APPROVED AS TO FORM:

Daniel Cucchi, Interim City Attorney
ATTEST:

Haley Reid, Acting City Clerk
130128

Reso. No. 2023-
CERTIFICATE OF ACKNOWLEDGMENT pursuant to Civil Code, Section 1189, must be provided for Contractor’s signature.

NOTARY TO ATTACH CURRENT ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
131129
Project Location Maps
132130
133131
134132
City Council
Staff Report

Subject:

Motorola Solutions, Inc. Maintenance and Radio Infrastructure Software Upgrade Agreement
Date:

November 14, 2023
Submitted By:

Myra Salazar, Manager of Police Records and Communications Rustin Banks, Chief of Police
Department:

Police
Recommendation:

Adopt a Resolution of the City Council of the City of Rocklin to authorize the City Manager to Execute and Sign the Maintenance and Radio Infrastructure Software Upgrade Agreement with Motorola Solutions, Inc.

Background:

Motorola Solutions, Inc. has contracted with the City of Rocklin since 2005 to provide public safety radios and infrastructure. The current service agreement with Motorola Solutions, Inc. expires on December 31, 2023. The agreement provides basic coverage which includes repairs and maintenance to the existing radio system infrastructure, preventative maintenance, and local repair with onsite response 24/7.

The current radio infrastructure has components are at the end-of-life and requiring software upgrades to maintain functionality. To best meet the functional and operational specifications for the City of Rocklin’s public safety, the solution agreed upon includes a combination of hardware, software, and services which are included in the agreement:
• Remote Technical Support
• Network Hardware Repair
• Security Update Service
• On-site Infrastructure Response
• Annual Preventive Maintenance
Staff have negotiated a 3-year agreement with Motorola Solutions, Inc. with the intent to preserve the current analog radio system. The new proposed agreement will continue to provide the services listed above with the addition of software upgrades for the succeeding 3 years.

Item Number 2I.

135133
Motorola Solutions, Inc. is a specialized vendor for services and products. Therefore, staff recommends suspending competitive bidding requirement as outlined in the Rocklin Municipal Code section 3.04.090 (B), sole or limited source. All of Rocklin’s radio infrastructure and equipment was purchased from Motorola Solutions, Inc. and installed and maintained over the past 18 years by Motorola Solutions, Inc. trained technicians. Motorola Solutions, Inc. technicians have the specific training and knowledge to maintain/repair existing and upgraded equipment. Competitive bidding would not be in the public interest for this project because Motorola Solutions, Inc. is the manufacturer of the equipment and Motorola Solutions, Inc. technicians are trained and skilled to install and maintain their brand-specific product and the highly technical institutional and historical knowledge required of the technicians to maintain and expand on an 18-year-old radio system.

As part of the Fiscal Year (FY) 2022/23 budget adoption, the City Council approved a $350,000 budget appropriation to the Police Department for the migration of the public safety analog radio system to a digital platform. After careful consideration, and to avoid the additional expense of maintaining two dissimilar radio infrastructures (analog and digital), it was decided to extend the life of the existing analog radio system for a period of 3 years. This extension will provide the Fire Department and their allied agencies with additional time to acquire the requisite digital hardware needed for full integration onto the digital platform. Given the delay, the Police department is recommending that the $350,000 originally authorized for converting the radio infrastructure from analog to digital be redirected to support the first year's cost, in addition to the current radio maintenance budget. Future year's maintenance costs will be contemplated in the subsequent year's budget.

Fiscal Impact:

The grand total for the 3 year contract is $327,899. The payment schedule is as follows:

The cost of the maintenance and custom upgrade to supported software release is $162,891 for Year 1 FY 2023/24.

The cost of the maintenance and Lifecycle Services which includes Motorola’s Software Agreement for Year 2 FY 2024/25 is $80,733.

The cost of the maintenance and Lifecycle Services which includes Motorola’s Software Agreement for Year 3 FY 2025/26 is $84,275.

ATTACHMENTS:

1. Resolution

2. Resolution Exhibit A
136134
RESOLUTION NO. 2023-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROCKLIN

AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH MOTOROLA SOLUTIONS, INC.

WHEREAS, the Rocklin Police Department’s radio infrastructure used for public safety communications has components which are at the end-of-life requiring replacement and necessitating software upgrades to maintain functionality of the current analog system; and
WHEREAS, the City has contracted with Motorola Solutions, Inc. since 2005. The current service agreement is scheduled to expire on December 31, 2023; and WHEREAS, the City has budgeted for the maintenance and minor upgrades of the radio infrastructure; and
WHEREAS, Motorola Solutions, Inc. is a specialized vendor for services and products, staff recommends suspending competitive bidding requirement. All of Rocklin’s radio infrastructure and equipment was purchased from Motorola Solutions, Inc. and installed and maintained over the past 18 years by Motorola Solutions, Inc. trained technicians. Motorola Solutions, Inc. technicians have the specific training and knowledge to maintain/repair our existing and upgraded equipment. Competitive bidding would not be in the public interest for this project because Motorola Solutions, Inc. is the manufacturer of the equipment and Motorola Solutions, Inc. technicians are trained and skilled to install and maintain their brand-specific product and the highly technical institutional and historical knowledge required of the technicians to maintain and expand on an 18-year old radio system.

WHEREAS, this recommendation aligns with Rocklin Municipal Code Section

3.04.090 subsection B, which requires City Council approval for sole-source determination on contracts exceeding $50,000.

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 authorizes the City Manager to execute a 3-year agreement with Motorola Solutions, Inc. for maintenance and radio infrastructure software upgrades. The agreement is attached hereto as Exhibit A.
137135
PASSED AND ADOPTED this 14th day of November, 2023, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:
____________________________________
Ken Broadway, Mayor
ATTEST:
____________________________
Haley Reid, Acting City Clerk
138136

The design, technical, and price information furnished with this proposal is proprietary information of Motorola Solutions, Inc. (Motorola). Such information is submitted with the restriction that it is to be used only for the evaluation of the proposal, and is not to be disclosed publicly or in any manner to anyone other than those required to evaluate the proposal, without the express written permission of Motorola Solutions, Inc.

MOTOROLA, MOTO, MOTOROLA SOLUTIONS, and the Stylized M Logo are trademarks or registered trademarks of Motorola Trademark Hol dings, LLC and are used under license. All other trademarks are the property of their respective owners. © 2023 Motorola Solutions, Inc. All rights reserved.

Proposal
Rocklin Police Department
Essential Plus Service
Maintenance and Lifecycle
7 June 2023

139137

Motorola Solutions, Inc.
500 W Monroe Street, Ste 4400
Chicago, IL 60661-3781
USA

June 7, 2023

Myra Salazar
City of Rocklin Police Department
4080 Rocklin Road
Rocklin, CA 95677

Subject: Essential Plus Service

Dear Ms. Salazar,

Motorola Solutions, Inc. (“Motorola”) is pleased to have the opportunity to provide the City of Rocklin Police Department with quality communications equipment and services. The Motorola project team has taken great care to propose a solution that will meet your needs and provide unsurpassed value. To help the City of Rocklin PD with the extension of Motorola Solutions Essential Plus Services (contract # USC000053751), Motorola Solutions will upgrade their console infrastructure to the current supported release.

To best meet the functional and operational specifications of this solicitation, our solution includes a combination of hardware, software, and services. Specifically, this solution is for the Essential Plus Service and provides:

 Remote Technical Support.
 Network Hardware Repair.
 Security Update Service (SUS).
 On-site Infrastructure Response.
 Annual Preventive Maintenance.

This proposal consists of this cover letter and the Maintenance Support and Lifecycle Management Purchase Agreement ("Agreement"), together with its Exhibits. This proposal shall remain valid for a period of 90 days from the date of this cover letter. The City of Rocklin Police Department may accept the proposal by delivering to Motorola the signed Agreement Alternatively, Motorola would be pleased to address any concerns Customer may have regarding the proposal. Any questions can be directed to your Motorola Account Executive, Mike Marraccini, Senior Account Manager, at 916-201-5670.

We thank you for the opportunity to furnish the City of Rocklin Police Department with “best in class” solutions and we hope to strengthen our relationship by implementing this project. Our goal is to provide you with the best products and services available in the communications industry.

Sincerely,

Motorola Solutions, Inc.

Roy Kyser
Area Sales Manager
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Table of Contents

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Motorola Solutions

Page i
Table of Contents
Section 1
Essential Plus Services ............................................................................................................ 2

1.1 Overview ................................................................................................................................. 2 Section 2
Statement of Work .................................................................................................................... 4

2.1 Motorola Solutions Service Delivery Ecosystem ................................................................ 4

2.1.1 Centralized Managed Support Operations ............................................................................................... 4

2.1.2 Field Service ............................................................................................................................................. 4

2.1.3 Customer Support Manager ..................................................................................................................... 4

2.1.4 Repair Depot ............................................................................................................................................ 5

2.1.5 MyView Portal ........................................................................................................................................... 5

2.2 Essential Plus Services Detailed Description ..................................................................... 5

2.2.1 Remote Technical Support ....................................................................................................................... 5

2.2.2 Network Hardware Repair ........................................................................................................................ 7

2.2.3 K Core Security Update Service ............................................................................................................. 12

2.2.4 On-site Infrastructure Response ............................................................................................................ 14

2.2.5 Annual Preventative Maintenance ......................................................................................................... 18 Section 3
Pricing ..................................................................................................................................... 32

3.1 Summary ............................................................................................................................... 32

3.2 Payment Terms ..................................................................................................................... 32 Section 4
Contractual Documentation ................................................................................................... 33

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Table of Contents

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Page i
Table of Contents
Section 1
Essential Plus Services ............................................................................................................ 2

1.1 Overview ................................................................................................................................. 2 Section 2
Statement of Work .................................................................................................................... 4

2.1 Motorola Solutions Service Delivery Ecosystem ................................................................ 4

2.1.1 Centralized Managed Support Operations ............................................................................................... 4

2.1.2 Field Service ............................................................................................................................................. 4

2.1.3 Customer Support Manager ..................................................................................................................... 4

2.1.4 Repair Depot ............................................................................................................................................ 5

2.1.5 MyView Portal ........................................................................................................................................... 5

2.2 Essential Plus Services Detailed Description ..................................................................... 5

2.2.1 Remote Technical Support ....................................................................................................................... 5

2.2.2 Network Hardware Repair ........................................................................................................................ 7

2.2.3 K Core Security Update Service ............................................................................................................. 12

2.2.4 On-site Infrastructure Response ............................................................................................................ 14

2.2.5 Annual Preventative Maintenance ......................................................................................................... 18 Section 3
Pricing ..................................................................................................................................... 32

3.1 Summary ............................................................................................................................... 32

3.2 Payment Terms ..................................................................................................................... 32 Section 4
Contractual Documentation ................................................................................................... 33

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Essential Plus Services

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Section 1
Essential Plus Services

1.1 Overview
Motorola Solutions is proposing our Essential Plus Services for ASTRO® 25 K Core and Console infrastructure to provide Rocklin PD with the support needed to detect and resolve unforeseen issues.

Essential Plus Services consists of the following elements:
 Remote Technical Support.
 Network Hardware Repair.
 Security Update Service (SUS).
 On-site Infrastructure Response.
 Annual Preventive Maintenance.

Together, these elements will help to avoid operational disruptions and maintain the value of Rocklin PD’s communications investment.

Support for the RF infrastructure is not included at this time.

Each of these elements is summarized below and expanded upon in Section 2.2: Essential Plus Services Detailed Description. In the event of a conflict between the descriptions below and an individual subsection of Section 2.2: Essential Plus Services Detailed Description, the individual subsection prevails.

This Statement of Work (SOW), including all of its subsections and attachments is an integral part of the applicable agreement (“Agreement”) between Motorola Solutions, Inc. (“Motorola Solutions”) and the customer (“Customer”).

In order to receive the services as defined within this SOW, the Customer is required to keep the system within a standard support period as described in Motorola Solutions’ Software Support Policy (SwSP).

Remote Technical Support
Motorola Solutions will provide telephone consultation with specialists skilled at diagnosing and swiftly resolving infrastructure operational technical issues that require a high level of ASTRO 25 network experience and troubleshooting capabilities.

Network Hardware Repair
Motorola Solutions will repair Motorola Solutions-manufactured infrastructure equipment and select third-party manufactured infrastructure equipment supplied by Motorola Solutions. Motorola Solutions coordinates the equipment repair logistics process.

Security Update Service
Motorola Solutions will pre-test third-party security updates to verify they are compatible with the ASTRO 25 network. Once tested, Motorola Solutions posts the updates to a secured extranet website, along with any recommended configuration changes, warnings, or workarounds. 142141
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On-site Infrastructure Response
When needed to resolve equipment malfunctions, Motorola Solutions will dispatch qualified local technicians to the Customer’s location to diagnose and restore the communications network.

Technicians will perform diagnostics on impacted hardware and replace defective components.

The service technician’s response time will be based on pre-defined incident priority levels.

Annual Preventive Maintenance
Qualified field service technicians will perform regularly scheduled operational testing and alignment of infrastructure and network components to verify those components comply with the original manufacturer’s specifications.

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Section 2
Statement of Work

2.1 Motorola Solutions Service Delivery Ecosystem
Essential Plus Services are delivered through a tailored combination of local field service personnel, centralized teams equipped with a sophisticated service delivery platform, product repair depots, and MyView Portal. These service entities will collaborate to swiftly analyze issues, accurately diagnose root causes, and promptly resolve issues to restore the Customer’s network to normal operations.

2.1.1 Centralized Managed Support Operations
The cornerstone of Motorola Solutions’ support process is the Centralized Managed Support Operations (CMSO) organization, which includes the Service Desk and technical support teams. The CMSO is staffed 24/7/365 by experienced personnel, including service desk specialists, security analysts, and operations managers.

The Service Desk provides a single point of contact for all service related items, including communications between the Customer, Motorola Solutions, and third-party subcontractors. The Service Desk processes service requests, service incidents, change requests, and dispatching, and communicates with stakeholders in accordance with pre-defined response times.

All incoming transactions through the Service Desk are recorded, tracked, and updated through the Motorola Solutions Customer Relationship Management (CRM) system. The Service Desk also documents Customer inquiries, requests, concerns, and related tickets.

The CMSO coordinates with the field service organization that will serve the Customer locally.

2.1.2 Field Service
Motorola Solutions authorized and qualified field service technicians perform on-site infrastructure response, field repair, and preventive maintenance tasks. These technicians are integrated with the Service Desk and with technical support teams and product engineering as required to resolve repair and maintenance requests.

2.1.3 Customer Support Manager
A Motorola Solutions Customer Support Manager (CSM) will be the Customer’s key point of contact for defining and administering services. The CSM’s initial responsibility is to create the Customer Support Plan (CSP) in collaboration with the Customer.

The CSP functions as an operating document that personalizes the services described in this document. The CSP contains Customer-specific information, such as site names, site access directions, key contact persons, incident handling instructions, and escalation paths for special issues.

The CSP also defines the division of responsibilities between the Customer and Motorola Solutions so response protocols are pre-defined and well understood when the need arises. 144143
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The CSP governs how the services will be performed and will be automatically integrated into this Statement of Work by this reference. The CSM and Customer will review and amend the CSP on a mutually agreed cadence so the CSP remains current and effective in governing the Essential Services.

2.1.4 Repair Depot
The Motorola Solutions Repair Depot provides the Customer with a central repair location, eliminating the need to send network equipment to multiple vendor locations for repair. All products sent to the Depot are tracked throughout the repair process, from inbound shipment to return, through a case management system that enables Customer representatives to see repair status.

2.1.5 MyView Portal
Supplementing the CSM and the Service Desk as the Customer points of contact, MyView Portal is a web-based platform that provides network maintenance and operations information. The portal is accessed from a desktop, laptop, tablet, or smartphone web browser. The information available includes:
 Remote Technical Support: Manage incidents and view self-service reports. Observe incident details by incident priority level, and track the progress of issue resolution.  Network Hardware Repair: Track return material authorizations (RMA) shipped to Motorola Solutions’ repair depot and eliminate the need to call for status updates. In certain countries, customers will also have the ability to create new RMA requests online.  Security Update Service: View available security updates. Access available security update downloads.
 On-site Infrastructure Response: Manage incidents and view self-service reports. Observe incident details by incident priority level, and track the progress of issue resolution.  Annual Preventive Maintenance: View incident status and details of each annual change request for preventive maintenance, including completed checklist information for the incident.  Orders and Contract Information: View available information regarding orders, service contracts, and service coverage details.

The data presented in MyView Portal is provided to support the services described in the following sections, which define the terms of any service delivery commitments associated with this data.

2.2 Essential Plus Services Detailed Description
Due to the interdependence between deliverables within the detailed sections, any changes to or any cancellation of any individual section may require a scope review and price revision.

2.2.1 Remote Technical Support
Motorola Solutions’ Remote Technical Support service provides telephone consultation for technical issues that require a high level of ASTRO 25 network knowledge and troubleshooting capabilities.

Remote Technical Support is delivered through the Motorola Solutions CMSO organization by a staff of technical support specialists skilled in diagnosis and swift resolution of infrastructure performance and operational issues.
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Motorola Solutions applies leading industry standards in recording, monitoring, escalating, and reporting for technical support calls from its contracted customers to provide the support needed to maintain mission-critical systems.

2.2.1.1 Description of Service
The CMSO organization’s primary goal is Customer Issue Resolution (CIR), providing incident restoration and service request fulfillment for Motorola Solutions’ currently supported infrastructure.

This team of highly skilled, knowledgeable, and experienced specialists is an integral part of the support and technical issue resolution process. The CMSO supports the Customer remotely using a variety of tools, including fault diagnostics tools, simulation networks, and fault database search engines.

Calls requiring incidents or service requests will be logged in Motorola Solutions’ CRM system, and Motorola Solutions will track the progress of each incident from initial capture to resolution. This helps ensure that technical issues are prioritized, updated, tracked, and escalated as necessary, until resolution. Motorola Solutions will advise and inform Customer of incident resolution progress and tasks that require further investigation and assistance from the Customer’s technical resources.

The CMSO Operations Center classifies and responds to each technical support request in accordance with Section 2.2.5.8: Priority Level Definitions and Response Times.

This service requires the Customer to provide a suitably trained technical resource that delivers maintenance and support to the Customer’s system, and who is familiar with the operation of that system. Motorola Solutions provides technical consultants to support the local resource in the timely closure of infrastructure, performance, and operational issues.

2.2.1.2 Scope
The CMSO Service Desk is available via telephone 24/7/365 to receive and log requests for technical support. Remote Technical Support service is provided in accordance with Section 2.2.5.8: Priority Level Definitions and Response Times.

2.2.1.3 Inclusions
Remote Technical Support service will be delivered for Motorola Solutions-provided infrastructure, including integrated third-party products.

2.2.1.4 Motorola Solutions Responsibilities
 Maintain availability of the Motorola Solutions CMSO Service Desk via telephone (800-MSI- HELP) 24/7/365 to receive, log, and classify Customer requests for support.  Respond to incidents and technical service requests in accordance with Section 2.2.5.8: Priority Level Definitions and Response Times.
 Provide caller a plan of action outlining additional requirements, activities, or information required to achieve restoral/fulfillment.
 Maintain communication with the Customer in the field as needed until resolution of the incident.  Coordinate technical resolutions with agreed upon third-party vendors, as needed.  Escalate support issues to additional Motorola Solutions technical resources, as applicable. 146145
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 Determine, in its sole discretion, when an incident requires more than the Remote Technical Support services described in this SOW and notify the Customer of an alternative course of action.

2.2.1.5 Limitations and Exclusions
The following activities are outside the scope of the Remote Technical Support service:
 Customer training.
 Remote Technical Support for network transport equipment or third-party products not sold by Motorola Solutions.
 Any maintenance and/or remediation required as a result of a virus or unwanted cyber intrusion.

2.2.1.6 Customer Responsibilities
 Prior to contract start date, provide Motorola Solutions with pre-defined information necessary to complete CSP.
 Submit timely changes in any information supplied in the CSP to the CSM.  Contact the CMSO Service Desk to engage the Remote Technical Support service when needed, providing the necessary information for proper entitlement services. This information includes, but is not limited to, the name of contact, name of Customer, system ID number, site(s) in question, and a brief description of the problem that contains pertinent information for initial issue classification.
 Maintain suitably trained technical resources familiar with the operation of the Customer’s system to provide field maintenance and technical maintenance services for the system.  Supply suitably skilled and trained on-site presence when requested.  Validate issue resolution in a timely manner prior to close of the incident.  Acknowledge that incidents will be addressed in accordance with Section 2.2.5.8: Priority Level Definitions and Response Times..
 Cooperate with Motorola Solutions, and perform all acts that are reasonable or necessary to enable Motorola Solutions to provide Remote Technical Support.  In the event that Motorola Solutions agrees in writing to provide supplemental Remote Technical Support to third-party elements provided by the Customer, the Customer agrees to obtain all third-party consents or licenses required to enable Motorola Solutions to provide the service.

2.2.2 Network Hardware Repair
Motorola Solutions will provide hardware repair for Motorola Solutions and select third-party infrastructure equipment supplied by Motorola Solutions. A Motorola Solutions authorized repair depot manages and performs the repair of Motorola Solutions supplied equipment, and coordinates equipment repair logistics.
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2.2.2.1 Description of Service
Infrastructure components are repaired at Motorola Solutions-authorized Infrastructure Depot Operations (IDO). At Motorola Solutions’ discretion, select third-party infrastructure may be sent to the original equipment manufacturer or third-party vendor for repair.

Network Hardware Repair is also known as Infrastructure Repair.

2.2.2.2 Scope
Repair authorizations are obtained by contacting the CMSO organization Service Desk, which is available 24/7/365. Repair authorizations can also be obtained by contacting the CSM.

2.2.2.3 Inclusions
This service is available on Motorola Solutions-provided infrastructure components, including integrated third-party products. Motorola Solutions will make a commercially reasonable effort to repair Motorola Solutions manufactured infrastructure products after product cancellation. The post-cancellation support period of the product will be noted in the product’s end-of-life (EOL) notification.

2.2.2.4 Motorola Solutions Responsibilities
 Provide the Customer access to the CMSO Service Desk, operational 24/7, to request repair service.
 Provide repair return authorization numbers when requested by the Customer.  Receive malfunctioning infrastructure components from the Customer and document its arrival, repair, and return.
 Conduct the following services for Motorola Solutions infrastructure:
- Perform an operational check on infrastructure components to determine the nature of the problem.
- Replace malfunctioning components.
- Verify that Motorola Solutions infrastructure components are returned to applicable Motorola Solutions factory specifications.
- Perform a box unit test on serviced infrastructure components. - Perform a system test on select infrastructure components.  Conduct the following services for select third-party infrastructure:
- When applicable, perform pre-diagnostic and repair services to confirm infrastructure component malfunctions and prevent sending infrastructure components with No Trouble Found (NTF) to third-party vendor for repair.
- When applicable, ship malfunctioning infrastructure components to the original equipment manufacturer or third-party vendor for repair service.
- Track infrastructure components sent to the original equipment manufacturer or third-party vendor for service.
- When applicable, perform a post-test after repair by original equipment manufacturer or third-party vendor to confirm malfunctioning infrastructure components have been repaired and function properly in a Motorola Solutions system configuration. 148147
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 Reprogram repaired infrastructure components to original operating parameters based on software and firmware provided by the Customer, as required in Section 2.2.2.6: Customer Responsibilities. If the Customer’s software version and configuration are not provided, shipping will be delayed. If the repair depot determines that infrastructure components are malfunctioning due to a software defect, the repair depot reserves the right to reload these components with a different but equivalent software version.
 Properly package repaired infrastructure components.
 Ship repaired infrastructure components to Customer-specified address during normal operating hours of Monday through Friday from 7:00 a.m. to 7:00 p.m. Central Standard Time (CST), excluding holidays. Infrastructure component will be sent using two-day air shipping unless the Customer requests otherwise. Motorola Solutions will pay for shipping unless the Customer requests shipments outside of the above mentioned standard business hours or carrier programs, such as next flight out (NFO). In such cases, the Customer will be responsible for paying shipping and handling charges.

2.2.2.5 Limitations and Exclusions
Motorola Solutions may return infrastructure equipment that is no longer supported by Motorola Solutions, the original equipment manufacturer, or a third-party vendor without repairing or replacing it.

The following items are excluded from this service:
 All Motorola Solutions infrastructure components over the post-cancellation support period.  All third-party infrastructure components over the post-cancellation support period.  All broadband infrastructure components over the post-cancellation support period.  Physically damaged infrastructure components.
 Third-party equipment not shipped by Motorola Solutions.  Consumable items including, but not limited to, batteries, connectors, cables, toner or ink cartridges, tower lighting, laptop computers, monitors, keyboards, and mouse.  Video retrieval from digital in-car video equipment.
 RF infrastructure and backhaul components, including but not limited to, antennas, transmission lines, antenna dehydrators, microwave, line boosters, amplifiers (such as tower top amplifiers and bi-directional amplifiers), logging recorders, data talker wireless transmitters, short haul modems, combiners, multicouplers, duplexers, shelters, shelter HVAC, generators, UPS’s, and test equipment.
 Racks, furniture, and cabinets.
 Non-standard configurations, customer-modified infrastructure, and certain third party infrastructure.
 Firmware or software upgrades.

2.2.2.6 Customer Responsibilities
 Contact or instruct servicer to contact the Motorola Solutions CMSO organization, and request a return authorization number prior to shipping malfunctioning infrastructure components.  Provide model description, model number, serial number, type of system, software and firmware version, symptom of problem, and address of site location for spare infrastructure components. 149148
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 Indicate if Motorola Solutions or third-party infrastructure components being sent in for service were subjected to physical damage or lightning damage.
 Follow Motorola Solutions instructions regarding including or removing firmware and software applications on infrastructure components being sent in for service.  In the event that the Customer requires repair of equipment that is not contracted under this service at the time of request, the Customer acknowledges that charges may apply to cover shipping, labor, and parts. Motorola Solutions and the Customer will collaborate to agree on payment vehicle that most efficiently facilitates the work, commensurate with the level of urgency that is needed to complete the repair.
 Properly package and ship the malfunctioning component, at the Customer’s expense. The Customer is responsible for properly packaging the malfunctioning infrastructure component to ensure it is not damaged in-transit and arrives in repairable condition. - Clearly print the return authorization number on the outside of the packaging.  Maintain versions and configurations for software, applications, and firmware to be installed on repaired equipment.
 Provide Motorola Solutions with proper software and firmware information to reprogram equipment after repair, unless current software has caused this malfunction.  Cooperate with Motorola Solutions and perform reasonable or necessary acts to enable Motorola Solutions to provide hardware repair services to the Customer.  At the Customer’s cost, obtain all third-party consents or licenses required to enable Motorola Solutions to provide the service.
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2.2.2.7 Repair Process

Figure 2-1: Repair Decision Process

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2.2.3 K Core Security Update Service
Motorola Solutions’ ASTRO 25 K Core Security Update Service (SUS) provides pretested security updates, minimizing cyber risk and software conflicts. These security updates contain operating system security patches and antivirus definitions that have been validated for compatibility with Microsoft Windows clients and dispatch consoles included in ASTRO 25 K Core systems. The Customer will be responsible for downloading and installing these security updates, as well as rebooting the relevant hardware after installation.

2.2.3.1 Description of Service
Motorola Solutions uses a dedicated information assurance lab to test security updates for compatibility with Microsoft Windows clients and consoles that are part of ASTRO 25 K Core systems. Motorola Solutions deploys and tests security updates in the lab to check for and prevent potential service degradation.

Motorola Solutions releases tested, compatible security updates for download and installation. Once security updates are verified by the SUS team, Motorola Solutions uploads them to a secure website and sends a release notification email to the Customer contact to inform them that the security update release is available. If there are any recommended configuration changes, warnings, or workarounds the SUS team will provide documentation with the security updates on the secure website.

The Customer will be responsible for downloading security updates, installing them on applicable components, and rebooting updated components.

2.2.3.2 Scope
SUS includes pretested security updates for the software listed in Table 2-1: Update Cadence. These security updates apply to Microsoft Windows clients and dispatch consoles included in the ASTRO 25 K Core system. Motorola Solutions delivers these security updates for installation by the Customer. This table also describes the release cadence for security updates.

Table 2-1: Update Cadence
Software Update Release Cadence
Antivirus Definition Files Weekly
Microsoft Windows Monthly
Microsoft Windows third party (i.e. Adobe Reader) Monthly

2.2.3.3 Inclusions
SUS supports the current Motorola Solutions ASTRO 25 K Core system release, and aligns with the established Software Support Policy (SwSP).

Motorola Solutions reserves the right to determine which releases are supported as business conditions dictate. Additional charges may apply in the event of supporting older releases. Contact Motorola Solutions’ assigned CSM for the latest supported releases. 152151
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2.2.3.4 Motorola Solutions Responsibilities
 On the release schedule in Section 2.2.3.2: Scope, review relevant and appropriate security updates released by Original Equipment Manufacturer (OEM) vendors.  Release tested and verified security patches to Motorola Solutions’ secure website.  Publish documentation for installation, recommended configuration changes, any identified issue(s), and remediation instructions for each security update release.  Include printable labels the Customer may use if downloading security updates to a disk.  Send notifications by email when security updates are available to download from the secure website.

2.2.3.5 Limitations and Exclusions
 Systems with non-standard configurations that have not been certified by Motorola Solutions’ Systems Integration and Test (SIT) team are specifically excluded from this service, unless otherwise agreed in writing by Motorola Solutions.
 Interim or unplanned releases outside the supported release cadence.  Service does not include pretested intrusion detection system (IDS) signature updates for IDS solutions. However, select vendor IDS signature updates are made available via the secure website. The available vendors may change pursuant to Motorola Solutions' business decisions.

The Customer is responsible for complying with all IDS licensing requirements and fees, if any.  This service does not include releases for Motorola Solutions products that are not ASTRO 25 K Core radio network infrastructure equipment. The following are examples of excluded products:

WAVE PTX™, Critical Connect, and VESTA® solutions.
 ASTRO 25 L Core, M Core, and Simplified Core systems are excluded.  Motorola Solutions product updates are not included in these services.  Shared network infrastructure firmware, such as transport and firewall firmware are not included in these services.
 Motorola Solutions does not represent that it will identify, fully recognize, discover, or resolve all security events or threats, system vulnerabilities, malicious codes or data, backdoors, or other system threats or incompatibilities as part of the service, or that the agreed upon cadence/time of delivery will be sufficient to identify, mitigate or prevent any cyber incident.

2.2.3.6 Customer Responsibilities
 Provide Motorola Solutions with predefined information necessary to complete a CSP prior to the Agreement start date.
 Provide timely updates on changes of information supplied in the CSP to Motorola Solutions’ assigned CSM.
 Update Motorola Solutions with any changes in contact information, specifically for authorized users of Motorola Solutions’ secure website.
 Provide means for accessing Motorola Solutions’ secure website to collect the pretested files.  Download and apply only to the Customer's system as applicable, based on the Customer Agreement and the scope of the purchased service. Distribution to any other system or user 153152
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other than the system/user contemplated by the Customer Agreement of this agreement is not permitted.
 Deploy the pretested files to the Customer’s system as instructed in the “Read Me” text provided on the secure website.
 Implement recommended remediation(s) on the Customer’s system, as determined necessary by the Customer.
 When a security update requires a reboot, reboot servers and workstations after security updates are installed. Microsoft Windows servers and workstations often need to be rebooted before security updates take full effect and mitigate vulnerabilities.  Adhere closely to the Motorola Solutions CMSO troubleshooting guidelines provided upon system acquisition. Failure to follow CMSO guidelines may cause the Customer and Motorola Solutions unnecessary or overly burdensome remediation efforts. In such cases, Motorola Solutions reserves the right to charge an additional fee for the remediation effort.  Upgrade system to a supported system release when needed to continue service. Contact Motorola Solutions’ assigned CSM for the latest supported releases  Comply with the terms of applicable license agreements between the Customer and non- Motorola Solutions software copyright owners.

2.2.3.7 Disclaimer
This service tests OEM security updates. Delivering security updates for specific software depends on OEM support for that software. If an OEM removes support (e.g. end-of-life) from deployed software, Motorola Solutions may work with the OEM to reduce the impact, but may remove support for the affected software from this service without notice.

OEMs determine security update schedules, supportability, or release availability without consultation from Motorola Solutions. Motorola Solutions will obtain and test security updates when they are made available, and incorporate those security updates into the next appropriate release.

All security updates are important. This service is intended to balance the security and compatibility of tested updates with agreed upon time/cadence of delivery. Customer assumes the risk of this inherent tradeoff.

Motorola Solutions disclaims any warranty with respect to pretested database security updates, hypervisor patches, operating system software patches, intrusion detection sensor signature files, or other third-party files, express or implied. Further, Motorola Solutions disclaims any warranty concerning non-Motorola Solutions software and does not guarantee Customers' systems will be error-free or immune to security breaches as a result of these services.

2.2.4 On-site Infrastructure Response
Motorola Solutions’ On-site Infrastructure Response service provides incident management and escalation for on-site technical service requests. The service is delivered by Motorola Solutions’ CMSO organization in cooperation with a local service provider.

On-site Infrastructure Response may also be referred to as On-site Support. 154153
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2.2.4.1 Description of Service
The Motorola Solutions CMSO Service Desk will receive the Customer’s request for on-site service.

The CMSO Dispatch Operations team is responsible for opening incidents, dispatching on-site resources, monitoring issue resolution, and escalating as needed to ensure strict compliance to committed response times.

The dispatched field service technician will travel to the Customer’s location to restore the system in accordance with Section 2.2.5.8: Priority Level Definitions and Response Times.

Motorola Solutions will manage incidents as described in this SOW. The CMSO Service Desk will maintain contact with the field service technician until incident closure.

2.2.4.2 Scope
On-site Infrastructure Response is available in accordance with Section 2.2.5.8: Priority Level Definitions and Response Times. Customer’s Response Time Classification is designated in the Customer Support Plan.

2.2.4.3 Geographical Availability
On-site Infrastructure Response is available worldwide where Motorola Solutions servicers are present.

Response times are based on the Customer’s local time zone and site location.

2.2.4.4 Inclusions
On-site Infrastructure Response is provided for Motorola Solutions-provided infrastructure.

2.2.4.5 Motorola Solutions Responsibilities
 Receive service requests.
 Create an incident when service requests are received. Gather information to characterize the issue, determine a plan of action, and assign and track the incident to resolution.  Dispatch a field service technician, as required by Motorola Solutions’ standard procedures, and provide necessary incident information.
 Provide the required personnel access to relevant Customer information, as needed.  Motorola Solutions field service technician will perform the following on-site:
- Run diagnostics on the infrastructure component.
- Replace defective infrastructure components, as supplied by the Customer. - Provide materials, tools, documentation, physical planning manuals, diagnostic and test equipment, and any other material required to perform the maintenance service. - If a third-party vendor is needed to restore the system, the vendor can be accompanied onto the Customer’s premises.
- If required by the Customer’s repair verification in the CSP, verify with the Customer that restoration is complete or system is functional. If verification by the Customer cannot be completed within 20 minutes of restoration, the incident will be closed and the field service technician will be released.
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- Escalate the incident to the appropriate party upon expiration of a response time.  Close the incident upon receiving notification from the Customer or Motorola Solutions field service technician, indicating the incident is resolved.  Notify the Customer of incident status, as defined in the CSP and Service Configuration Portal (SCP):
- Open and closed.
- Open, assigned to the Motorola Solutions field service technician, arrival of the field service technician on-site, delayed, or closed.
 Provide incident activity reports to the Customer, if requested.

2.2.4.6 Limitations and Exclusions
The following items are excluded from this service:
 All Motorola Solutions infrastructure components beyond the post-cancellation support period.  All third-party infrastructure components beyond the post-cancellation support period.  All broadband infrastructure components beyond the post-cancellation support period.  Physically damaged infrastructure components.
 Third-party equipment not shipped by Motorola Solutions.  Consumable items including, but not limited to, batteries, connectors, cables, toner or ink cartridges, tower lighting, laptop computers, monitors, keyboards, and mouse.  Video retrieval from digital in-car video equipment.
 RF infrastructure and backhaul components, including but not limited to, antennas, transmission lines, antenna dehydrators, microwave, line boosters, amplifiers (such as tower top amplifiers and bi-directional amplifiers), logging recorders, data talker wireless transmitters, short haul modems, combiners, multicouplers, duplexers, shelters, shelter HVAC, generators, UPS’s, and test equipment.
 Racks, furniture, and cabinets.
 Tower and tower mounted equipment.
 Non-standard configurations, customer-modified infrastructure, and certain third party infrastructure.
 Firmware or software upgrades.

2.2.4.7 Customer Responsibilities
 Contact Motorola Solutions, as necessary, to request service.  Prior to start date, provide Motorola Solutions with the following pre-defined Customer information and preferences necessary to complete CSP:
- Incident notification preferences and procedure.
- Repair verification preference and procedure.
- Database and escalation procedure forms.
 Submit timely changes in any information supplied in the CSP to the CSM.  Provide the following information when initiating a service request:
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- Assigned system ID number.
- Problem description and site location.
- Other pertinent information requested by Motorola Solutions to open an incident.  Provide field service technician with access to equipment.  Supply infrastructure spare or FRU, as applicable, in order for Motorola Solutions to restore the system.
 Maintain and store software needed to restore the system in an easily accessible location.  Maintain and store proper system backups in an easily accessible location.  If required by repair verification preference provided by the Customer, verify with the CMSO Service Desk and dispatch that restoration is complete or system is functional.  Cooperate with Motorola Solutions and perform reasonable or necessary acts to enable Motorola Solutions to provide these services.
 In the event that Motorola Solutions agrees in writing to provide supplemental On-site Infrastructure Response to Customer-provided third-party elements, the Customer agrees to obtain and provide applicable third-party consents or licenses to enable Motorola Solutions to provide the service.

2.2.4.8 Priority Level Definitions and Response Times
This section describes the criteria Motorola Solutions used to prioritize incidents and service requests, and lists the response times for those priority levels.

Table 2-2: Standard Level Definitions and Response Times Incident Priority Incident Definition On-site Response Time Critical P1 Core: Core server or core link failure. No redundant server or link available.

Sites/Subsites: Primary site down. Two RF sites or
more than 10% of RF sites down, whichever is
greater.

Consoles: More than 40% of a site’s console
positions down.

Conventional Channels: Conventional Channel
Gateways (CCGW) down without redundant gateways
available.

Security Features: Security is non-functional or
degraded.

Response provided 24/7 until
service restoration.

Field service technician arrival
on-site within 4 hours of
receiving dispatch notification.
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Incident Priority Incident Definition On-site Response Time High P2 Core: Core server or link failures. Redundant server or link available.

Consoles: Between 20% and 40% of a site’s console
positions down.

Sites/Subsites: One RF site or up to 10% of RF sites
down, whichever is greater.

Conventional Channels: Up to 50% of CCGWs
down. Redundant gateways available.

Network Elements: Site router, site switch, or GPS
server down. No redundant networking element
available.

Response provided 24/7 until
service restoration.

Field service technician arrival
on-site within 4 hours of
receiving dispatch notification.

Medium P3 Consoles: Up to 20% of a site’s console positions down.

Conventional Channels: Single channel down.

Redundant gateway available.

Network Elements: Site router/switch or GPS server
down. Redundant networking element available.

Response provided during
normal business hours until
service restoration.

Field service technician arrival
on-site within 8 hours of
receiving dispatch notification.

Low P4 Service Requests: Minor events and warnings in the system. Preventative and planned maintenance
activities (scheduled work).

Not applicable.

2.2.5 Annual Preventative Maintenance
Motorola Solutions personnel will perform a series of maintenance tasks to keep network equipment functioning correctly.

2.2.5.1 Description of Service
Annual Preventative Maintenance provides annual operational tests on the Customer’s infrastructure equipment to monitor its conformance to specifications.

2.2.5.2 Scope
Annual Preventive Maintenance will be performed during standard business hours, unless otherwise agreed to in writing. After the service starts, if the system or Customer requirements dictate that the service must occur outside of standard business hours, an additional quotation will be provided. The Customer is responsible for any charges associated with unusual access requirements or expenses.

2.2.5.3 Inclusions
Annual Preventive Maintenance service will be delivered for Motorola Solutions-provided infrastructure, including integrated third-party products, per the level of service marked in Table 2-3: Preventive Maintenance Level.

Table 2-3: Preventive Maintenance Level
Service Level Included
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Service Level Included
Level 1 Preventive Maintenance X
Level 2 Preventive Maintenance

2.2.5.4 Motorola Solutions Responsibilities
 Notify the Customer of any planned system downtime needed to perform this service.  Maintain communication with the Customer as needed until completion of the Annual Preventive Maintenance.
 Determine, in its sole discretion, when an incident requires more than the Annual Preventive Maintenance services described in this SOW, and notify the Customer of an alternative course of action.
 Provide the Customer with a report in MyView Portal, or as otherwise agreed in the CSP, comparing system performance with expected parameters, along with any recommended actions. Time allotment for report completion is to be mutually agreed.  Provide trained and qualified personnel with proper security clearance required to complete Annual Preventive Maintenance services.
 Field service technician will perform the following on-site:
 Perform the tasks defined in Section 2.2.5.7: Preventative Maintenance Tasks. - Perform the procedures defined in Section Error! Reference source not found.: Error! Reference source not found. for each site type on the system. - Provide diagnostic and test equipment necessary to perform the Preventive Maintenance service.
- As applicable, use the Method of Procedure (MOP) defined for each task.

2.2.5.5 Limitations and Exclusions
The following activities are outside the scope of the Annual Preventive Maintenance service.  Preventive maintenance for third-party equipment not sold by Motorola Solutions as part of the original system.
 Network transport link performance verification.
 Verification or assessment of Information Assurance.
 Any maintenance and/or remediation required as a result of a virus or unwanted cyber intrusion.  Tower climbs, tower mapping analysis, or tower structure analysis.

2.2.5.6 Customer Responsibilities
 Provide preferred schedule for Annual Preventative Maintenance to Motorola Solutions.  Authorize and acknowledge any scheduled system downtime.  Maintain periodic backup of databases, software applications, and firmware.  Establish and maintain a suitable environment (heat, light, and power) for the equipment location as described in equipment specifications, and provide Motorola Solutions full, free, and 159158
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safe access to the equipment so that Motorola Solutions may provide services. All sites shall be accessible by standard service vehicles.
 Submit timely changes in any information supplied in the CSP to the CSM.  Provide site escorts, if required, in a timely manner.  Provide Motorola Solutions with requirements necessary for access to secure facilities.  In the event that Motorola Solutions agrees in writing to provide supplemental Annual Preventive Maintenance to third-party elements provided by Customer, the Customer agrees to obtain any third-party consents or licenses required to enable Motorola Solutions field service technician to access the sites to provide the service.

2.2.5.7 Preventative Maintenance Tasks
The Preventive Maintenance service includes the tasks listed in this section. Tasks will be performed based on the level of service noted in Section 2.2.5.3: Inclusions.

MASTER Site CHECKLIST – LEVEL 1
Servers
Equipment Alarms Check LED and/or other status indicators for fault conditions.

Capture
Diagnostics
Perform recommended diagnostic tests based on server type. Capture available diagnostic logs.

Network
Management (NM)
Client Applications
Review Unified Event Manager (UEM) events and verify backhaul links are reported as operational. Review event log for persistent types. Verify all NM client applications are operating correctly.

Verify System
software physical
media
Perform audit of software media on site. Verify that versions, KC numbers, and types match what is deployed to Customer server.

Complete Backup Verify backups have been completed or scheduled, and that data has been stored in accordance with the Customer’s backup plan. Check that adequate storage space is available for backups.

Network Time
Protocol (NTP)
Verify operation and syncing all devices.

Data Collection
Devices (DCD)
check (if present)
Verify data collection.

Anti-Virus Verify anti-virus is enabled and that definition files on core security management server were updated within two weeks of current date.

Routers
Equipment Alarms Check LED and/or other status indicators for fault conditions.

Capture
Diagnostics
Perform recommended diagnostic tests based on router type. Capture available diagnostic logs.

Verify Redundant
Routers
Test redundancy in cooperative WAN routers. Carry out core router switchover in coordination with Customer.
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MASTER Site CHECKLIST – LEVEL 1
Switches
Equipment Alarms Check LED and/or other status indicators for fault conditions.

Capture
Diagnostics
Perform recommended diagnostic tests based on switch type. Capture available diagnostic logs.

Verify Redundant
Switches
Test redundancy in backhaul switches. Carry out core router switchover in coordination with Customer.

MASTER Site CHECKLIST – LEVEL 1
Domain Controllers (non-Common Server Architecture)
Equipment Alarms Check LED and/or other status indicators for fault conditions.

Capture
Diagnostics
Perform recommended diagnostic tests based on server type. Capture available diagnostic logs.

Verify System
software physical
media
Perform audit of software media on site. Verify that versions, KC numbers, and types match what is deployed to Customer server.

Firewalls
Equipment Alarms Check LED and/or other status indicators for fault conditions.

Capture
Diagnostics
Perform recommended diagnostic tests based on server type. Capture available diagnostic logs.

Logging Equipment
Equipment Alarms Check LED and/or other status indicators for fault conditions.

Capture
Diagnostics
Perform recommended diagnostic tests based on server type. Capture available diagnostic logs.

Server CPU Health Check memory, HDD, CPU, and disk space utilization.

DISPATCH SITE CHECKLIST – LEVEL 1
General
Inspect all Cables Inspect all cables and connections to external interfaces are secure.

Mouse and
Keyboard
Verify operation of mouse and keyboard.

Configuration File Verify each operator position has access to required configuration files.

Console Operator
Position Time
Verify console operator position time is consistent across all operator positions.

Screensaver Verify screensaver set as Customer prefers. 161160
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DISPATCH SITE CHECKLIST – LEVEL 1
Screen
Performance
Verify screen operational and is not suffering from dead pixels or image burn-in that prevent user operation.

Touchscreen Verify touchscreen operation, if present.

Cabling/Lights/Fans Visual inspection of all equipment cabling, lights, and fans Filters/Fans/Dust Clean all equipment filters and fans and remove dust.

Monitor and Hard
Drive
Confirm monitor and hard drive do not "sleep".

DVD/CD Verify and clean DVD or CD drive.

Time
Synchronization
Verify console time is synchronized with NTP server
Anti-Virus Verify anti-virus is enabled and that definition files have been updated within two weeks of current date.

Headset Unplugged Testing
Speakers Test all speakers for audio quality, volume, static, drop-outs, and excess hiss when turned up.

Channel Audio in
Speaker
Verify selected channel audio in select speaker only.

Footswitch Pedals Verify both footswitch pedals operational.

Radio On-Air Light Verify radio on-air light comes on with TX (if applicable).

Headset Plugged In Testing
Radio TX and RX Verify radio TX/RX from both headset jacks. Verify levels OK. Check volume controls for noise, static, or drop-outs.

Speaker Mute Verify speaker mutes when muted.

Telephone
Operation
Verify telephone operational through both headset jacks. Check volume controls for noise, static, or drop-outs.

Audio Switches Verify audio switches to speaker when phone off-hook if interfaced to phones.

Radio Takeover in
Headset
Verify radio-takeover in headset mic when phone is off-hook, with mic switching to radio and muting phone during push-to-talk.

Other Tests
Phone Status Light Verify phone status light comes on when phone is off-hook (if applicable).

Desk Microphone
Operation
Confirm desk mic operation (if applicable).

Radio Instant
Recall Recorder
(IRR) Operation
Verify radio IRR operational on Motorola Solutions dispatch (if applicable).

Telephone IRR
Operation
Verify telephone IRR operational on Motorola Solutions dispatch, if on radio computer.

Recording Verify operator position being recorded on long term logging recorder, if included in service agreement
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DISPATCH SITE CHECKLIST – LEVEL 1
Computer Performance Testing
Computer Reboot Reboot operator position computer.

Computer
Operational
Confirm client computer is fully operational (if applicable).

Audio Testing
Conventional
Resources
Confirm all conventional resources are functional, with adequate audio levels and quality.

Secure Mode Confirm any secure talkgroups are operational in secure mode.

Trunked Resources Confirm all trunked resources on screen are functioning by placing a call in both directions, at the Customer's discretion, and at a single operator position Backup Resources Confirm backup resources are operational.

Logging Equipment Testing
Recording - AIS
Test
Verify audio logging of trunked calls.

Recording With Customer assistance, test operator position logging on recorder.

System Alarms Review alarm system on all logging equipment for errors.

Capture
Diagnostics
Perform recommended diagnostic tests based on equipment, and capture available diagnostic logs.

Verify System
software Physical
media
Perform audit of software media on site. Verify that versions, KC numbers, and types match what is deployed to Customer server.

Playback Station (Motorola Solutions Provided)
Capture
Diagnostics
Perform recommended diagnostic tests based on equipment, and capture available diagnostic logs.

Recall Audio Verify that radio and telephone audio can be recalled.

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2.2.5.8 Priority Level Definitions and Response Times
Table 2-4: Priority Level Definitions and Response Times describes the criteria Motorola Solutions CMSO uses to prioritize incidents and service requests, and lists the response times for those priority levels.

Table 2-4: Priority Level Definitions and Response Times Incident Priority Incident Definition Initial Response Time Critical P1 Core: Core server or core link failure. No redundant server or link available.

Sites/Subsites: Primary site down. Two RF sites or
more than 10% of RF sites down, whichever is
greater.

Consoles: More than 40% of a site’s console
positions down.

Conventional Channels: Conventional Channel
Gateways (CCGW) down without redundant gateways
available.

Security Features: Security is non-functional or
degraded.

Response provided 24/7 until
service restoration.

Technical resource will
acknowledge incident and
respond within 1 hour of
CMSO logging incident.

High P2 Core: Core server or link failures. Redundant server or link available.

Consoles: Between 20% and 40% of a site’s console
positions down.

Sites/Subsites: One RF site or up to 10% of RF sites
down, whichever is greater.

Conventional Channels: Up to 50% of CCGWs
down. Redundant gateways available.

Network Elements: Site router, site switch, or GPS
server down. No redundant networking element
available.

Response provided 24/7 until
service restoration.

Technical resource will
acknowledge incident and
respond within 4 hours of
CMSO logging incident.

Medium P3 Consoles: Up to 20% of a site’s console positions down.

Conventional Channels: Single channel down.

Redundant gateway available.

Network Elements: Site router/switch or GPS server
down. Redundant networking element available.

Response provided during
normal business hours until
service restoration.

Technical resource will
acknowledge incident and
respond within 1 Business Day
of CMSO logging incident.

Low P4 Service Requests: Minor events and warnings in the system. Preventative and planned maintenance
activities (scheduled work).

Response provided during
normal business hours.

Motorola Solutions will
acknowledge and respond
within 1 Business Day.

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