Agenda packet — Rocklin City Council, May 28, 2024 (part 1 of 4)

ROCKLIN CITY COUNCIL
City Council Regular Meeting
City Hall - Council Chambers
3970 Rocklin Rd. Rocklin, CA
95677
Website:
www.rocklin.ca.us
May 28, 2024
GENERAL SESSION 6:00 p.m.

GREG JANDA,

Mayor

JILL GAYALDO,

Vice Mayor

DAVID BASS,

Council Member

KEN BROADWAY,

Council Member

BILL HALLDIN,

Council Member

ALY ZIMMERMANN,

City Manager

MATTHEW MCOMBER,

City Attorney

DANIEL CHOE,

City Treasurer

AVINTA SINGH,

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 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
City Council Regular Meeting Agenda of May 28, 2024
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.

This is an opportunity for public comment on matters not listed on the agenda. Public comment on items listed on the agenda will be taken when the agenda item is called.

1. REPORTS FROM CITY COUNCIL AND CITY MANAGER
Reports from the City Council will include any AB1234 Reports.

2. CONSENT CALENDAR
All items listed under the Consent Calendar are considered and acted upon by one Motion. Anyone may request an item be removed for separate consideration. 2A.

Minutes of the May 14, 2024 Regular Meeting of the City Council 2B.

Side Letter of Agreement to the Memorandum of Understanding with the Rocklin Firefighter's Union Regarding Holiday Hours
2C.

Second Amendment to Downey Brand, LLP Professional Services Agreement

MEETING

INSTRUCTIONS

CALL TO ORDER

PLEDGE OF ALLEGIANCE

ROLL CALL

AGENDA REVIEW

CITIZENS ADDRESSING THE CITY COUNCIL

Recommendation:

Approve the Minutes of the May 14, 2024 Regular Meeting of the City Council.

Recommendation:

Adopt a Resolution of the City Council of the City of Rocklin to Approve a Side Letter of Agreement to the Memorandum of Understanding Between the City of Rocklin and the Rocklin Firefighter’s Union to Modify Section IV, Article 27, Holidays.

Recommendation:

Adopt a Resolution of the City Council of the City of Rocklin Approving the Second Amendment to the Professional Services Agreement with Downey Brand, LLP, and Authorizing the City Manager to Execute the Second Amendment.

City Council Regular Meeting Agenda of May 28, 2024
2 2D.

Twin Oaks Park Cell Tower Collocation Project
2E.
2023 Homeland Security Grant Program - Award of Grants
2F.

South Whitney Mixed Use Project Open Space Easement
2G.

Whitney Ranch Unit 49 Final Map
2H.

Setting a Public Hearing on Delinquent Nuisance Abatement Charges (Weed Abatement)
2I.

Setting a Public Hearing on Delinquent Refuse Collection Charges

Recommendation:

A
.

Adopt a Resolution of the City Council of the City of Rocklin Approving a Notice of Exemption (T-Mobile – Twin Oaks Park Cell Tower Collocation Project).

B
.

Adopt a 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 (T-Mobile – Twin Oaks Park Cell Tower Collocation Project).

Recommendation:

Adopt a Resolution of the City Council of the City of Rocklin approving and authorizing the City Manager to execute Subawardee Grant Agreements with the County of Placer accepting the terms and awards of the 2023 Homeland Security Grant Program.

Recommendation:

Adopt a Resolution of the City Council of the City of Rocklin Accepting Grant of Open Space Easement (Riparian Area and Creek Protection) (South Whitney Mixed Use (DL2015-0001)).

Recommendation:

A
.

Adopt a Resolution of the City Council of the City of the Rocklin Approving the Final Map of Whitney Ranch Unit 49 Subdivision/(SD2021-0003) and Approving and Authorizing Execution of a Subdivision Improvement Agreement.

B
.

Adopt a Resolution of the City Council of the City of Rocklin Approving and Authorizing Execution of a Subdivision Landscaping Agreement of Whitney Ranch Unit 49 Subdivision/(SD2021-0003).

Recommendation:

Adopt a Resolution of the City Council of the City of Rocklin Setting a Public Hearing on Delinquent Nuisance Abatement Charges (Weed Abatement).

Recommendation:

Adopt a Resolution of the City Council of the City of Rocklin Setting a Public Hearing on Delinquent Refuse Collection Charges.

City Council Regular Meeting Agenda of May 28, 2024
3 2J.

Whitney Park Parking Lot Extension for Bicycle Pump Track - Award of Construction Contract
2K.
2024 Micro-Pave Resurfacing Project Change Order
2L.

Increase in Spending Authority for General Motors Parts and Repair Purchases through Sourcewell Cooperative Purchasing Agreement
2M.

Purchase of Three (3) Unmarked Police Vehicles
2N.

Police Department HVAC & Roof Replacement
2O.

Increase in Purchasing Limit for Police Department Uniforms through the Cooperative Agreement with Curtis Blue Line

Recommendation:

Adopt a Resolution of the City Council of the City of Rocklin Rejecting a Bid from Imagecon, Inc. and Awarding a Construction Contract for the Parking Lot Extension Element of the Bicycle Pump Track and Parking Lot Extension Project to Consolidated Engineering, Inc. and Authorizing the City Manager to Execute the Agreement.

Recommendation:

Adopt a Resolution of the City Council of the City of Rocklin Approving and Authorizing the City Manager to Execute Change Order No. 1 with American Pavement Systems, Inc. for the 2024 Micro-Pave Resurfacing Agreement.

Recommendation:

Adopt a Resolution of the City Council of the City of Rocklin to Authorize Increasing the Total Not-to-Exceed Amount with General Motors Under Sourcewell Agreement #101520-GNL.

Recommendation:

Adopt a Resolution of the City Council of the City of Rocklin Approving and Authorizing the City Manager to Purchase Three (3) Unmarked Police Vehicles.

Recommendation:

A
.

Adopt a Resolution of the City Council of the City of Rocklin Approving a Notice of Exemption (Police Department HVAC & Roof Replacement).

B
.

Adopt a Resolution of the City Council of the City of Rocklin Awarding the Contract for Police Department HVAC & Roof Replacement to CNW Construction Inc. and Authorizing the City Manager to Execute the Construction Agreement.

Recommendation:

Adopt a Resolution of the City Council of the City of Rocklin Authorizing the City Manager to Increase the Purchasing Limit with Curtis Blue Line Through a Cooperative Purchase Agreement for Fiscal Year 2023/24.

City Council Regular Meeting Agenda of May 28, 2024
4 2P.

Approval of Contracts for Fire Department Scheduling and Integrated Communications, and Fire Department Electronic Patient Care Reporting and Records Management
2Q.

Historical Marker Donation Policy

3. SPECIAL PRESENTATIONS
In addition to those items listed on the agenda, the Mayor may add additional ceremonial matters. 3A.

Leadership Rocklin 2024 Cohort Project

4. DISCUSSION ITEMS
Discussion Items include oral presentations including those recommending "receive and file". 4A.

Fiscal Year 2024/25 Draft Operating Budget and 2025-2029 Draft Capital Improvement Program

5. FUTURE AGENDA ITEMS

6. CLOSED SESSION

7. ADJOURNMENT

Recommendation:

Adopt a Resolution of the City Council of the City of Rocklin A
pproving Evergreen C
ontracts with ImageTrend, Inc and UKG Kronos Systems,
LLC and Authorize the City Manager to Sign Subsequent Amendments.

Recommendation:

Adopt a Resolution of the City Council of the City of Rocklin Approving the Historical Marker Donation Policy.

Recommendation:

Review the Fiscal Year 2024/25 Draft Budget and 2025-2029 Draft Capital Improvement Program, and Provide Direction to Staff.

PUBLIC COMMENT ON CLOSED SESSION

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 Case No.

SVC0051563

REPORT OUT OF CLOSED SESSION

City Council Regular Meeting Agenda of May 28, 2024
5 City Council
Staff Report

Subject:

Minutes of the May 14, 2024 Regular Meeting of the City Council Date:

May 28, 2024
Submitted By:

Avinta Singh, City Clerk
Department:

City Clerk's Office
Recommendation:

Approve the Minutes of the May 14, 2024 Regular Meeting of the City Council.

Item Number 2A.

ATTACHMENTS:

1. DRAFT City Council Meeting Minutes of May 14 2024
6 DRAFT Meeting Minutes of May 14, 2024 Rocklin City Council 1 | P a g e

REGULAR MEETING OF THE

ROCKLIN CITY COUNCIL
May 14, 2024
Closed Session at 5:00 p.m.

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 Janda called the meeting to order at 5:00 p.m.

ROLL CALL

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

Absent: None

PUBLIC COMMENT ON CLOSED SESSION
There were none.

Members of the City Council left the Council Chambers and convened Closed Session at 5:03 p.m.

1. CLOSED SESSION
1A. 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 Case No. SVC0051563
1B. Pursuant to Government Code Section 54956.9(d)(1), Conference with Legal Counsel, Existing Litigation: D.J., M.J. Mandeville, et al. v. City of Lincoln, City of Rocklin (U.S. District Court, E.D. Cal. Case No. 2:22-CV- 1167-KJM-DB)
Members of the City Council returned to the Council Chambers at 6:09 p.m. 7 DRAFT Meeting Minutes of May 14, 2024 Rocklin City Council 2 | P a g e

REPORT OUT OF CLOSED SESSION
There was no reportable action.

The City Council took a recess at 6:09 p.m.

CALL GENERAL SESSION TO ORDER
Mayor Janda called General Session to order at 6:16 p.m.

PLEDGE OF ALLEGIANCE
Mayor Janda led the pledge of allegiance.

ROLL CALL

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

Absent: None

AGENDA REVIEW
There were no changes to the agenda.

CITIZENS ADDRESSING THE CITY COUNCIL
There were none.

2. REPORTS FROM CITY COUNCIL AND CITY MANAGER
Reports from the City Council will include any AB1234 Reports.

Councilmember Bass reported attendance at the Placer City and County Officials Association (PCCOA) dinner highlighting Visit Placer tourism; reported attendance at the Placer County Flood Control Board meeting; and congratulated the Rocklin Fire Department for winning the team award at the Hearts 4 Heroes event.

Councilmember Broadway reported attendance at the Placer County Transportation Planning Agency sharing that the Placer County Local Transportation Authority Improvement Plan and Retail Transaction and Use Ordinance had been approved; shared that he attended the Rocklin Girls Fast Pitch Softball Opening Ceremony however the event had been rained out and rescheduled; thanked staff for their hard work in organizing the Civic Celebration; participated in the Annual Placer County Ag Tour; attended the Leadership Rocklin graduation ceremony; attended a meeting of Western Placer Waste Management Authority board as an alternate noting that Scott Scholz had been hired as the new general manager; and attended the 7th Annual Rocklin Police and Fire Golf Tournament. 8 DRAFT Meeting Minutes of May 14, 2024 Rocklin City Council 3 | P a g e
Vice Mayor Gayaldo shared attendance at a Punjabi celebration at the Event Center; thanked the Historical Society for conducting school tours; attempted to attend the Rocklin Girls Fast Pitch Softball Opening Ceremony which had been rained out; attended the Civic Celebration noting the feedback received from the community was positive; reported attendance at multiple meetings of the Sacramento Area Council of Governments (SACOG) subcommittee she served on; shared that the Rocklin Community Festival sponsored by the Kiwanis Club had been a success; shared that she and City Manager Aly Zimmermann gave a City Hall tour to second grade students from the California International School; and shared the birth of her two granddaughters on May 8, 2024.

Councilmember Halldin shared he attended a Punjabi celebration held at the Event Center; indicated that residents enjoyed the Civic Celebration; expressed his appreciation to the Historical Society for their displays at the Civic Celebration and for organizing school tours that including an event at Ruhkala Elementary that he participated in; and reported attendance at the Sierra Pregnancy and Health fundraiser event.

Mayor Janda shared he attended the Civic Celebration where City staff showcased vehicles and equipment and served as a judge in the annual Congressional Art Competition held at Sierra College.

City Manager Zimmermannexpressed her appreciation to City staff for organizing the Civic Celebration and Commissioners for attending and informing the public of their roles; shared an upcoming Evenings in the Park event on May 17, 2024 that combined Movies in the Park with Park Pulse; shared an upcoming Concert at Quarry Park on May 19, 2024; invited the public to attend Meet the Machines to celebrate National Public Works Week on May 23, 2024 at the Corp Yard; announced a recreational swim program to be held at Rocklin High School this summer; and shared that the City was receiving applications for scheduled vacancies on its Board/Commissions/Committee with the deadline being May 20, 2024.

3. CONSENT CALENDAR
All items listed under the Consent Calendar are considered and acted upon by one Motion.

Anyone may request and item be removed for separate consideration. 3A. Minutes of the April 23, 2024 Regular Meeting of the City Council Action: Approved the Minutes of the April 23, 2024 Regular Meeting of the City Council.
3B. Northwest Rocklin General Development Plan - Whitney Ranch Retail PDG2024- 0001 (Second Reading of Ordinance)
Action: Adopted Ordinance No. 1179 An Ordinance of the City Council of the City of Rocklin Amending the Northwest Rocklin General Development Plan (Whitney Ranch Retail / PDG2024-0001).
9 DRAFT Meeting Minutes of May 14, 2024 Rocklin City Council 4 | P a g e
3C. Amendment No. 1 to Contract for IT Management Services Action: Adopted Resolution 2024-099 of the City Council of the City of Rocklin Approving Amendment No. 1 to the Contract for Services with SDI Presence, LLC and Authorized the City Manager to Execute Amendment No. 1. 3D. Levy and Collection of Assessments for Lighting Maintenance District No. 1 for Fiscal Year 2024/25
Action:

A. Adopted Resolution No. 2024-100 of the City Council of the City of Rocklin Ordering the Preparation of the Engineer's Report for Lighting Maintenance District No. 1.

B. Adopted Resolution No. 2024-101 of the City Council of the City of Rocklin Approving the Engineer's Report for the Levy of the Annual Assessment for Lighting Maintenance District No. 1.

C. Adopted Resolution No. 2024-102 of the City Council of the City of Rocklin Declaring Its Intention to Levy and Collect Annual Assessments for Lighting Maintenance District No. 1 and Setting a Time and Place for Public HearingThereon.
3E. Levy and Collection of Assessments for Landscape and Lighting Maintenance District No. 2 for Fiscal Year 2024/25
Action:

A. Adopted Resolution No. 2024-103 of the City Council of the City of Rocklin Ordering the Preparation of the Engineer’s Report for Landscape and Lighting Maintenance District No. 2.

B. Adopt Resolution No. 2024-104 of the City Council of the City of Rocklin Approving the Engineer’s Report for the Levy of the Annual Assessment for Landscape and Lighting Maintenance District No. 2.

C. Adopted Resolution No. 2024-105 of the City Council of the City of Rocklin Declaring its Intention to Levy and Collect Annual Assessments for Landscape and Lighting Maintenance District No. 2 and Setting a Time and Place for Public Hearing Thereon.
3F. Kathy Lund Community Park Snack Bar Re-Roof
Action: Adopted Resolution No. 2024-106 of the City Council of the City of Rocklin Declaring the Existence of an Emergency and Accepting the Project Known as the Removal and Replacement of the Roof at the Kathy Lund Community Park Snack Bar, Under the City Manager's Authorization in Accordance with Section 22050 of the California Public Contract Code.
3G. Rocklin Road at Pacific Street Roundabout
10 DRAFT Meeting Minutes of May 14, 2024 Rocklin City Council 5 | P a g e
Action:

A. Adopted Resolution No. 2024-107 of the City Council of the City of Rocklin Approving Amendment No. 1 to the Agreement for Consulting Services with Mark Thomas & Company, Inc. and Authorizing the City Manager toExecute Amendment No. 1.

B. Adopted Resolution No. 2024-108 of the City Council of the City or Rocklin Approving Change Orders No. 35 and No. 36 and Authorizing the City Manager to Execute Change Orders No. 35 and 36 with George Reed Inc.
3H. Solid Waste Collection Rates
Action: Adopted Resolution No. 2024-109 of the City Council of the City of Rocklin of Intent to Amend the Solid Waste Collection Service Rates Within the Incorporated Limits of the City of Rocklin and Setting a Time and Place for a Public Hearing Thereon.
3I. Proclamation Declaring May 12-18, 2024 as National Police Week and May 15 as Peace Officers Memorial Day
Action: Approved a Proclamation Declaring May 12-18, 2024 as National Police Week and May 15 as Peace Officers Memorial Day, and designate the Mayor to sign the Proclamation on behalf of the City Council.
3J. Proclamation Declaring May 19-25, 2024, as National Public Works Week Action: Approved a Proclamation Declaring May 19-25, 2024, as National Public Works Week, and designate the Mayor to sign the Proclamation on behalf of the City Council.
3K. Proclamation Declaring the Month of May 2024 as Lyme Disease Awareness Month
Action: Approved a Proclamation Declaring the Month of May 2024 as Lyme Disease Awareness Month.

PUBLIC COMMENT
There were none.

Mayor Janda indicated that the Minutes of April 23, 2024 Regular City Council Meeting were amended per a Blue Memo for Item 3A. Motion to approve Consent Calendar Item Nos. 3A through 3K by Councilmember Broadway and seconded by Councilmember Bass. Passed by the following roll call vote:

Ayes: Councilmembers Bass, Broadway, Gayaldo, Halldin
Mayor Janda
Noes: None

Absent: None
Abstain: None
11 DRAFT Meeting Minutes of May 14, 2024 Rocklin City Council 6 | P a g e

4. SPECIAL PRESENTATIONS
4A. Proclamation Declaring May 12-18, 2024 as National Police Week and May 15 as Peace Officers Memorial Day
Mayor Janda presented the proclamation to Police Chief Rustin Banks. 4B. Proclamation Declaring May 19-25, 2024, as National Public Works Week Mayor Janda presented the proclamation to Public Services Manager Rick Lawrence. 4C. Proclamation Declaring the Month of May 2024 as Lyme Disease Awareness Month
Councilmember Broadway presented the proclamation to Melissa Moya, founder and executive director of Lyme Fight Foundation.

5. DISCUSSION ITEMS
5A. Historical Marker Donation Policy
Recommendation: Adopt a Resolution of the City Council of the City of Rocklin Approving the Historical Marker Donation Policy.

Management Analyst Elizabeth Sorg presented the item to City Council. City Council comments and discussion followed, Management Analyst Sorg and City Manager Aly Zimmermann responded to Councilmember questions.

PUBLIC COMMENT
The following speakers addressed the City Council expressing concerns on the requirements for historical markers being at least 100 years old, appeal process, costs, and language within the proposed policy.

Ms. Gloria Beverage
Mr. Kent Dazey
Ms. Susan Brooking
Mr. Glen Johnson
Action: City Manager Zimmermann indicated that staff requested that the City Council take no action at the present meeting, that staff would agendize the item for a future meeting date, and explore the recommendations made by the City Council for revisions to the proposed Historical Marker Donation policy. 12 DRAFT Meeting Minutes of May 14, 2024 Rocklin City Council 7 | P a g e
5B. Various Roadway and Pedestrian Improvements Project Action:

A. Adopted Resolution No. 2024-110 of the City Council of the City of Rocklin Awarding a Construction Contract for the Various Roadway and Pedestrian Improvements Project to Central Valley Engineering and Asphalt, Inc. and Authorizing the City Manager to Execute the Agreement.

B. Adopted Resolution No. 2024-111 of the City Council of the City of Rocklin Approving a Notice of Exemption (Blue Oaks Boulevard Pedestrian Traffic Signal Project).

C. Adopted Resolution No. 2024-112 of the City Council of the City of Rocklin Approving a Notice of Exemption (Crest Drive at Valley View Elementary Pedestrian Improvements Project).

D. Adopted Resolution No. 2024-113 of the City Council of the City of Rocklin Approving a Notice of Exemption (School Zone Signage and Pavement Markings Project).

City Engineer/ Deputy Director of Community Development Hunter Young presented the item to City Council.

PUBLIC COMMENT
There were none.

City Council comments and discussion followed with a recommendation to inform the public that the removal of trees for the proposed project along Blue Oaks Boulevard was due to safety improvements. City Manager Aly Zimmermann indicated that staff will include an educational component on removal of trees in the project messaging.

City Engineer/Deputy Director of Community Development Young responded to Councilmember questions.

Motion to approve Discussion item 5B by Councilmember Broadway and seconded by Vice Mayor Gayaldo. Passed by the following roll call vote:

Ayes: Councilmembers Bass, Broadway, Gayaldo, Halldin
Mayor Janda
Noes: None

Absent: None
Abstain: None
13 DRAFT Meeting Minutes of May 14, 2024 Rocklin City Council 8 | P a g e

6. FUTURE AGENDA ITEMS
City Manager Zimmermann confirmed for Councilmember Bass that staff was working with the League of California Cities in order to schedule a discussion for a future City Council meeting.

ADJOURNMENT
Mayor Janda adjourned the meeting at 8:25 p.m.

This is to certify that the foregoing is a true and
correct copy of the minutes of May 14, 2024 as
approved by the Rocklin City Council.

Avinta Singh, City Clerk
14 City Council
Staff Report

Subject:

Side Letter of Agreement to the Memorandum of Understanding with the Rocklin Firefighter's Union Regarding Holiday Hours Date:

May 28, 2024
Submitted By:

Tameka Usher, Administrative Services Director
Department:

Administrative Services - Human Resources
Recommendation:

Background:

In 2023, staff discovered a seven year old error with handling holiday cash-out procedures.

For Classic CalPERS members of the Rocklin Firefighter's Union (RFU), the cash-out payments should have been reported to CalPERS as pensionable income; however, beginning in 2016, the City stopped collecting contributions for the employer and employee, which means the income was not reported to CalPERS. The error has been fixed.

While staff worked with CalPERS and the RFU to resolve this error, it was also identified that the Memorandum of Understanding (MOU) needed to be revised because Section IV, Article 27 of the MOU includes two (2) floating holidays, which CalPERS does not allow as pensionable income.

Therefore, the Side Letter of Agreement between the City and RFU modifies MOU Article 27 to remove reference to the two specific floating holidays and changes the value of the 10 holidays listed to an equivalent of 9.6 hours each, which retains the total value of the holiday hours at 96 hours. In order to continue making any holiday time cashed out as pensionable income, staff recommends the side letter be retroactive to January 1, 2016.

Fiscal Impact:

The total amount owed to CalPERS is $146,709.52. The City's contribution is $90,355.21, and the total employee contribution is $56,354.31 spread between 34 employees. The City will collect the employee amount via repayment agreements.

Item Number 2B.

15 ATTACHMENTS:

1. Resolution

2. Resolution Exhibit 1 - Side Letter
16 RESOLUTION NO. 2024-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROCKLIN

TO APPROVE A SIDE LETTER OF AGREEMENT TO THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF ROCKLIN AND THE ROCKLIN FIREFIGHTER’S UNION TO MODIFY SECTION IV, ARTICLE 27, HOLIDAYS
WHEREAS, the City of Rocklin (City) and the Rocklin Firefighter’s Union (RFU) (collectively, “the Parties”) are parties to a Memorandum of Understanding (MOU) establishing the terms and conditions of employment between the City and employees represented by RFU for the period of July 1, 2022 to June 30, 2025, adopted by Resolution No. 2022-159; and WHEREAS, Section IV, Article 27 (HOLIDAYS) of the MOU describes the “Policy” and “Accrual and Payoff” rules for holiday time off, which includes ten (10) specific designated holidays and two (2) floating holidays for a total of 96 hours annually, and further provides that “hours not used by the last pay period in November of each year shall be cashed out at the employee’s base rate and paid to the employee in the following pay period”; and WHEREAS, it is the Parties’ good faith understanding that the two (2) floating holidays as set forth and defined in Section IV, Article 27 of the MOU are not allowed by CalPERS to be considered pensionable income; and
WHEREAS, the City and RFU have met and conferred concerning the impact of excluding floating holidays from pensionable income on members of the RFU and in order to comport with applicable law and CalPERS general guidance, agree to amend Section IV, Article 27 of the July 1, 2022 to June 30, 2025 MOU, to remove reference to the two (2) floating holidays, retain ten (10) designated holidays, and change the value of each of the ten (10) designated holidays from eight (8) hours per day to nine-point-six (9.6) hours each holiday, for a total of 96 holiday hours annually, and to make this and related necessary changes retroactive to January 1, 2016 to ensure compliance with the California Public Employees’ Retirement System (CalPERS) rules for reportable, pensionable income for Classic members.

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

Section 1. The Recitals set forth herein are true and correct and are hereby incorporated by reference.

Section 2. Effective May 28, 2024, the City Council approves and authorizes the City Manager to sign the Side Letter of Agreement attached hereto as Exhibit 1.

PASSED AND ADOPTED this 28th day of May , 2024, by the following vote:
17 AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

Greg Janda, Mayor
ATTEST:

Avinta Singh, City Clerk
18 SIDE LETTER OF AGREEMENT
conditions of employment between the City and employees in the Union for the period of July 1, 2022 to June 30, 2025; and
WHEREAS, Article 27 of the MOU describes the manner and method in which holidays are handled; and
WHEREAS, Article 27 of the MOU allows for holiday time off, which includes ten (10) specific holidays and two (2) floating holidays for a total of 96 hours, in which unused hours can be cashed out in November each year; and
WHEREAS, CalPERS, per Government Code 20630 and 20636does not allow floating holidays to be pensionable income; and
WHEREAS, the City and the Union have met and conferred and agree to amend the MOU Article 27 (IV.A).

AGREEMENT
Now, therefore, upon Council adoption, the Parties agree to amend the MOU and incorporate the changes and additions set forth herein upon adoption by the City Council. The changes to Article 27 described in this Agreement shall be applied retroactively to January 1, 2016 to ensure compliance with CalPERS rules for Classic members. Except as amended by this Agreement, the provision of the MOU remain in full force and effect.

Section IV
Leaves, Article 27. Holidays
I. Policy
Due to the nature of work performed by Fire personnel, it is not possible to observe traditional holidays as they occur. Therefore, those employees who are scheduled to work without regard to holidays will be credited with ninety-six (96) holiday hours at the beginning of each calendar year, which are credited based on the ten (10) holidays identified below at a rate of 9.6 hours per holiday. Holiday time off shall be requested in accordance with Department guidelines and scheduled subject to approval by the Chief or his/her designee. Hours not used by the last pay period in November each year shall be cashed out at the employee's base rate and paid to the employee in the following pay period.

II. Accrual and Payoff:

A. Individuals who are not employed for the full calendar year shalt accrue holiday hours at the rate of eight (8) hours per month. If the date of hire falls between the 1st and 15th day of the month, they will be credited with the full eight (8) hours for that month and each succeeding month during the calendar year. If the date of hire falls between the 16th and the last day of the month, they will be credited with four (4) hours for that month and eight (8) hours for each succeeding month during the calendar year.

B. Individuals who leave employment with the City prior to the end of the calendar year shall be paid holiday hours at the rate of eight (8) hours for each full month of employment. Partial months of employment will be credited as follows: If the date of termination falls between the 16th and the last day of the month , they will be credited with the full eight (8) hours for that month. If the date of 19 termination falls between the 1st and the 15th day of the month, they will be credited with four (4) hours for that month. If an employee has taken more holiday hours in advance than have been earned at the time of separation from service, the City may deduct an equivalent amount of pay for the holiday hours taken in advance from the employee's final paycheck.

C. The City currently recognizes the holidays listed below . In the event the City agrees to recognize additional holidays during the term of this Agreement and grants these to the AFSCME members, the City agrees to add the corresponding number of holiday hours to the 96 hours currently being received. This Article supersedes that section of the City Personnel Rules entitled "Holidays." New Year's Day
Martin Luther King Jr. Day
President's Day
Memorial Day
Independence Day
Labor Day
Veteran's Day
Thanksgiving Day
Thanksgiving Friday
Christmas Day
For the City: For the Union:
_______________________ _________________________
City of Rocklin Rocklin Firefighters Local 3847
Aly Zimmermann, City Manager Chris Wade, Local 3847 President _________________________ _________________________
Date Date
20 City Council
Staff Report

Subject:

Second Amendment to Downey Brand, LLP Professional Services Agreement
Date:

May 28, 2024
Submitted By:

Matthew McOmber, City Attorney
Department:

City Attorney's Office
Recommendation:

Background:

The City of Rocklin, through the City Attorney's office, retained the Downey Brand, LLP law firm in 2018 to provide legal services to the City under a Professional Services Agreement regarding certain litigation involving Legacy Family Adventures-Rocklin, LLC (LFA). The original contract was amended in 2019. The LFA matter remains pending. A further contract amendment is necessary to remove provisions that are obsolete concerning payment, make related updates to the terms governing rates of compensation, and to ratify prior services rendered.

The City Attorney will continue to oversee the work of outside counsel, and on an ongoing basis or other times that the City Manager or City Council may request, will provide administrative and budgetary updates to the City Council.

Fiscal Impact:

There is no direct fiscal impact to the staff recommendation. Sufficient funds exist in the adopted Fiscal Year 2023/24 Operating Budget relative to this matter.

Item Number 2C.

ATTACHMENTS:

1. Resolution

2. Resolution Exhibit A - Second Amendment to PSA
21 RESOLUTION 2024-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROCKLIN

APPROVING THE SECOND AMENDMENT TO THE PROFESSIONAL SERVICES

AGREEMENT WITH DOWNEY BRAND, LLP, AND AUTHORIZING THE

CITY MANAGER TO EXECUTE THE SECOND AMENDMENT
WHEREAS, on November 27, 2018, the City entered into a Professional Services Agreement with Downey Brand, LLP, ("Downey Brand" or “Contractor”) for legal services (the “Agreement”), to represent the City in complex litigation versus David Busch (“Busch”) and Legacy Family Adventures Rocklin, LLC (“LFA”)(El Dorado County Superior Court Case No. PC 20190309), and related cross-actions, appeals, and legal proceedings; and
WHEREAS, since the execution of the Agreement, Downey Brand has continued to represent the City in this complex litigation, where the City has recovered in excess of $110,000 in court-ordered attorney fee reimbursements from Busch and LFA.

Additionally, as of the effective date of this Second Amendment, the City holds a judgment rendered by the court against Busch and LFA for approximately $90,000 that has yet to be paid by Busch or LFA; and
WHEREAS, at the time of the Agreement, the complexity and duration of the litigation was unknown; and
WHEREAS, the City desires to ratify the services provided by Downey Brand through the effective date of this Second Amendment and to ratify and agree upon increased costs and attorney fee rates that are necessary and have resulted over the course of litigation.

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 the Second Amendment to the Professional Services Agreement with Downey Brand, LLP for legal services, in the form attached hereto as Exhibit A, or substantially similar form approved by the City Attorney.

Section 2. For services provided by Contractor in accordance with the terms and conditions of the Agreement, the City Manager is authorized to make any necessary budgetary and accounting transactions to support the Agreement consistent with law, City policy, and the scope of services required of the legal matters assigned to the Contractor under the Agreement.

PASSED AND ADOPTED this 28th day of May, 2024, by the following vote:
22

Page 2 ends

to Reso. No. 2024-
AYES:

NOTES:

ABSENT:

ABSTAIN:
_________________________
Greg Janda, Mayor
ATTEST:
___________________________
Avinta Singh, City Clerk
23 Page | 1
4133117.1

SECOND AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF ROCKLIN AND DOWNEY BRAND, LLP
THIS SECOND AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT (“Second Amendment”) is effective commencing March 1, 2024. The purpose of this Second Amendment is to amend and update the November 27, 2018, Professional Services Agreement (the “Agreement”) by and between the CITY of Rocklin, ("CITY"), and Downey Brand LLP ("CONTRACTOR").

RECITALS
A. Since the execution of the Agreement, CONTRACTOR has continued to represent City in complex litigation versus David Busch (“Busch”) and Legacy Family Adventures Rocklin, LLC (LFA)(El Dorado County Superior Court Case No. PC 20190309), and related cross-actions, appeals, and legal proceedings (the litigation).

B. During the course of litigation, the CITY has recovered in excess of $110,000 in court-ordered attorney fee reimbursements from Busch and LFA. Add itionally, as of the effective date of this Second Amendment, the CITY holds a judgment rendered by the court against Busch and LFA for approximately $90,000 that has yet to be paid by Busch or LFA.

C. At the time of the Agreement, the complexity and duration of the litigation was unknown. The Agreement was previously amended on February 12, 2019. The purpose of this Second Amendment is to ratify the services provided by CONTRACTOR through the effective date of this Second Amendment and to ratify and agree upon increased costs and attorney fee rates that are necessary and have resulted over the course of litigation.

AGREEMENT

1. AGREEMENT. The terms of the Agreement shall remain in full force and effect with the exception of the modifications and updates to the Agreement as set forth in this Second Amendment, which shall control.

2. RATIFICATION OF SERVICES PROVIDED. CITY hereby ratifies all prior billings received by CITY from, and corresponding payments made by CITY to, CONTRACTOR for services rendered on CITY’s behalf pertaining to the litigation.

3. PAYMENT. CITY shall pay CONTRACTOR for services rendered under the Agreement and this Second Amendment at the updated rates set forth below. This Agreement shall not be subject to a not- to-exceed or particular maximum compensation limit, provided however, that CONTRACTOR is expected to and shall perform services and incur expenses in the most reasonable, efficient, and cost- effective manner possible.

Sean Filippini: $500 per hour
Christopher Kolkey: $450 per hour
Kevin Rooney: $450 per hour
Anthony Salaber: $340 per hour
Sandra Collier (paralegal): $290 per hour

CONTRACTOR will not request reimbursement or payment for services performed by any person or entity not identified herein, provided however that the City, through its City Attorney, may in its sole discretion approve or reject a request to add an individual with the same title,

24 Page | 2
4133117.1
position, and hourly rate (or lower rate) as an individual appearing on the above list.

The provisions in this paragraph three (3) shall supersede all previous payment provisions in the Agreement, including, but not limited to the payment provisions in Exhibit A of the Agreement.

Executed as of the day first above stated:

CONTRACTOR

By:___________________________ May 17, 2024

Sean J. Filippini Date
Downey Brand LLP

CITY OF ROCKLIN

By:____________________________

Aly Zimmermann, City Manager Date

Approved as to form:

By:_____________________________
Matthew McOmber, City Attorney

Attest:

By:___________________________
Avinta Singh, City Clerk

25 City Council
Staff Report

Subject:

Twin Oaks Park Cell Tower Collocation Project
Date:

May 28, 2024
Submitted By:

Jeff Scanlon, Administrative Analyst
Veronica Tracy, Parks and Recreation Director
Department:

Parks and Recreation
Recommendation:

A
.

Adopt a Resolution of the City Council of the City of Rocklin Approving a Notice of Exemption (T-Mobile – Twin Oaks Park Cell Tower Collocation Project).

B
.

Background:

In 1999 the Rocklin City Council approved a Communications Site License Agreement between the City and Pac Bell Wireless for the installation of a Cell Tower at Twin Oaks Park (Resolution No. 99-352). The cell tower is now owned and operated by T-Mobile, by and through its Attorney in Fact, CCTMO LLC (Crown Castle).

Crown Castle recently reached out to City staff with the desire to amend the current operating agreement to allow a collocation on the site and to lease an additional ninety-six (96) square foot area of property adjacent to the existing premises to Dish Wireless.

Staff has negotiated with Crown Castle for the ground lease and premise expansion requested at Twin Oaks Park. This is consistent with the Rocklin Municipal Code Title 17 (Zoning Ordinance). Twin Oaks Park is located at 5500 Park Drive and currently has one cell tower.

The additional ground space will allow Crown Castle to install the requested concrete pad, CMU block wall shelter, associated equipment, and the necessary telecommunications equipment for the additional collocation carrier. Staff and Crown Castle have prepared the First Amendment to Communications Site License Agreement (Attachment 3) for City Council approval. The terms of the amendment include the following:

Install wireless antennas, remote radio units and associated telecommunications equipment on the existing monopole.

Lease additional 96 Sq. Ft. of ground space.

Install CMU block wall shelter and associated equipment on additional expansion space.

Item Number 2D.

26 $1,500 monthly lease payment increase, with a three percent (3%) annual lease increase.
$10,000 one-time capital improvement fee.

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 Act (CEQA) pursuant to California Code of Regulations Section 15301 – Existing Facilities. The Notice of Exemption and accompanying Resolution are also attached to this Staff Report for approval. (Attachment 1).

Fiscal Impact:

The City will receive an increase of $18,000 in annual lease payment revenue, and a $10,000 one-time capital improvement fee. The annual lease payment will increase 3% each year thereafter.

ATTACHMENTS:

1. Resolution A - Notice of Exemption

2. Resolution B - First Amendment to Communications Site License Agreement

3. Resolution B - Exhibit A First Amendment to Communications Site License Agreement

4. Resolution No. 99-352 - Twin Oaks Park Communications Site License Agreement

5. Site Plans
27 RESOLUTION NO. 2024 -

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROCKLIN

APPROVING A NOTICE OF EXEMPTION
(T-Mobile – Twin Oaks Park Cell Tower Collocation Project) WHEREAS, the City of Rocklin’s Environmental Coordinator has reviewed the T-Mobile – Twin Oaks Park Cell Tower Collocation 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 28th day of May 2024, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:
__________________________________
Mayor, Greg Janda
ATTEST:
____________________________
Avinta Singh, City Clerk
28

Page 2 ends

Reso. 2024-

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: T-Mobile – Twin Oaks Park Cell Tower Collocation Project Project Location - Specific: The subject property is located at Twin Oaks Park, 5500 Park Drive, Rocklin, CA 95765. APN 017-350-024.

Project Location - City: Rocklin, CA; County: Placer
Description of Nature, Purpose and Beneficiaries of Project: The project consists of the installation of three (3) new Dish panel antennas and six (6) new Dish remote radio units (RRU) to an existing 90’-0’’ tall monopole cellular communications tower, with associated equipment and telecommunications infrastructure, and the installation of a new equipment shelter on ninety-six (96) 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 T-Mobile West Tower LLC, 12920 S.E. 38 th Street, Bellevue, Washington 98006, Attn: Leasing Administration. With a copy to: CCTMO LLC, Attn:

Legal – Real Estate Department, 2000 Corporate Drive, Canonsburg, PA 15317, BU# 827158.

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 new panel antennas and remote radio units 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. The modification and operation of an existing cellular communications tower at an existing community park is consistent with the exemption class descriptions noted above and is exempt pursuant to Class 1 of the CEQA Guidelines. The project will result in emissions of radio frequency electromagnetic radiation (RF). The applicant provided an analysis of the risk from such radiation (Radio 29 Frequency Safety Predictive Report by Waterford Consultants, LLC, dated August 19, 2022). The conclusion of the study was that the proposed wireless communications tower and associated equipment would comply with the FCC’s current prevailing standard for limiting human exposure to RF energy. Due to the mounting method utilized, the general public would not normally be able to approach the antennas.

Therefore, no significant impact on the general public is expected. The calculated electromagnetic field strength level in publicly accessible areas is less than the existing standard allows for exposure of unlimited duration. Based on worst-case predictive modeling, there are no modeled areas on any accessible ground-level walking/working surface related to the proposed Dish antennas that exceed the FCC’s occupational or general public exposure limits at this site. The public exposure limit is based on a standard published by the American National Standards Institute (ANSI) and the Institute of Electrical and Electronics Engineers (IEEE). The Federal Communications Commission (FCC) has adopted these exposure limits as standards and is the agency charged with their regulation and enforcement.

Contact Person: Shawn Darling, Parks and Recreation Manager, (916) 625-5282 Date received for Filing: ______________ ______________________________ Signature: Veronica Tracy
Parks and Recreation Director
30 RESOLUTION NO. 2024 -

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
(T-Mobile – Twin Oaks Park Cell Tower Collocation 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: 017-350-024) 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. 2024 - ______.

Section 3. The City Council hereby approves and authorizes the City Manager to execute the First Amendment to the Communications Site License Agreement (T- Mobile – Twin Oaks Park Cell Tower Collocation 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 28th day of May 2024, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:
__________________________________
Mayor, Greg Janda
ATTEST:
____________________________
Avinta Singh, City Clerk
31 Site Name: SA204 Twin Oaks Park
Business Unit #: 827158 1

FIRST AMENDMENT TO

COMMUNICATIONS SITE LICENSE AGREEMENT

THIS FIRST AMENDMENT TO COMMUNICATIONS SITE LICENSE
AGREEMENT (the “ First Amendment ”) is made as of the _______ day of ________________, 2024 (“ Effective Date ”), by and between the CITY OF ROCKLIN (hereinafter referred to as “ City”) and T-MOBILE WEST TOWER LLC, a Delaware limited liability company, by and through its Attorney in Fact, CCTMO LLC, a Delaware limited liability company (hereinafter referred to as “Licensee”).

RECITALS
WHEREAS, City and Pacific Bell Wireless, a Nevada limited liability company (“Original Licensee ”) entered into a Communications Site License Agreement dated October 14, 1999, a memorandum of which was recorded in the official records of Placer County, California (“ Official Records ”) on June 20, 2001 as Instrument No. 2001-0060771 (the “License”) whereby Original Licensee licensed certain real property, together with all necessary and reasonable access and utility rights, located in Placer County, California from the City (the “Premises”), all located within certain real property owned by the City (“City Property”); and WHEREAS, T-Mobile West Tower LLC is currently the Licensee under the License as successor in interest to Original Licensee; and
WHEREAS, City and Licensee desire to amend the License on the terms and conditions contained herein.

NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are acknowledged, City and Licensee agree as follows:

1. Recitals; Defined Terms. The parties acknowledge the accuracy of the foregoing recitals. Any capitalized terms not defined herein shall have the meanings ascribed to them in the License.

2. Additional License Area. The existing Premises is hereby expanded in size to include additional space, which consists of a ninety-six (96) square foot area of real property adjacent to the existing Premises at a location more particularly described on Exhibit B-1 attached hereto and depicted on the site plan/survey attached hereto as Exhibit B-3 (the “Additional License Area”). The Premises, as expanded, is described on Exhibit B-2 attached hereto. Exhibit B to the License shall be deleted in entirety and replaced with Exhibit B-2 and Exhibit B-3. Notwithstanding anything to the contrary in this First Amendment, Licensee is not relinquishing any rights to any licensed area, access rights, and/or utility rights that it possesses prior to the date of this First Amendment. In the event the location of any of Licensee’s or its sublicensees’ existing improvements, utilities, and/or access routes are not depicted or described on the site plan/survey and/or legal descriptions, Licensee’s licensed rights and access and utility rights over such areas shall remain in full force and effect and the Premises, as expanded shall be deemed to include such areas.
32 Site Name: SA204 Twin Oaks Park
Business Unit #: 827158 2

3. Additional Rent. In consideration of the license of the Additional License Area, Licensee shall pay to the City the amount of One Thousand Five Hundred and 00/100 Dollars ($1,500.00) per month (“ Additional Rent”) beginning upon the commencement of installation of improvements within the Additional License Area (“ Additional Rent Commencement Date”) and continuing thereafter until the earlier of (i) the expiration of the Term of the License; or (ii) the “Return of the Additional License Area” as set forth below. The Additional Rent shall be due and payable concurrently with and at the same time as the monthly Rent set forth in the License, for so long as such Additional Rent is payable to the City as set forth herein.

Commencing on the anniversary of the Additional Rent Commencement Date and annually thereafter (each an “ Adjustment Date”), the Additional Rent payable to the City shall escalate by an amount equal to three percent (3%) of the Additional Rent payable to the City during the month immediately preceding the Adjustment Date.

4. Right to Return the Additional License Area. Licensee shall have the option, upon thirty (30) days prior written notice to the City, in its sole and absolute discretion, to return the Additional License Area to the City and to terminate the license of the same by removing all improvements from the Additional License Area and returning same to its condition as of the Effective Date of this First Amendment, ordinary wear and tear excepted (the “ Return of the Additional License Area ”). Effective upon removal of all improvements from the Additional License Area, the Additional Rent shall cease and will no longer be due or payable beginning on the first day of the month following the Return of the Additional License Area. Licensee will pay the Additional Rent due and payable to City for the period up to and including the first day of the month following the Return of the Additional License Area and thereafter the Additional Rent shall terminate.

5. Notices. Licensee’s notice address shall be deleted and replaced as follows:

Licensee: T-Mobile West Tower LLC
12920 S.E. 38th Street
Bellevue, Washington 98006
Attention: Leasing Administration
With a copy to: CCTMO LLC
Attn: Legal - Real Estate Department
2000 Corporate Drive
Canonsburg, PA 15317
BU# 827158

6. Consent. City hereby acknowledges and agrees to the collocation and sublicense of a portion of the Premises, as expanded, to Dish Wireless LLC or an affiliate or subsidiary (the “DISH Sublicensee”) for purposes of installation, operation, maintenance and replacement of equipment, antennas, radios, cables, fiber, and related accessories on the Premises, as expanded, for the operation of a wireless communications facility thereon in compliance with the permitted uses provided in the License. In accordance with Section 6 of the License, City hereby consents to the installation, maintenance and replacement of such improvements reasonably required by the DISH Sublicensee to operate on the Premises, as expanded. Notwithstanding the foregoing, 33 Site Name: SA204 Twin Oaks Park
Business Unit #: 827158 3
the DISH Sublicensee shall be entitled to exchange, add and replace equipment and antennas within the Premises, as expanded.

7. Conditional Signing Bonus. Licensee will pay to the City, a one-time amount of Ten Thousand and 00/100 Dollars ($10,000.00) for the full execution of this First Amendment, payable within sixty (60) days of the full execution of this First Amendment (“ Conditional Signing Bonus”). In the event that this First Amendment (and any applicable memorandum of amendment) is not fully executed by both the City and Licensee for any reason, Licensee shall have no obligation to pay the Conditional Signing Bonus to the City.

8. Counterparts/Signatures. This First Amendment may be executed in separate and multiple counterparts, each of which shall be deemed an original but all of which taken together shall be deemed to constitute one and the same instrument. A facsimile or electronic signature of a party is and shall be deemed to be an original execution and is binding.

9. Remainder of License Unaffected. In all other respects, the remainder of the License shall remain in full force and effect. Any portion of the License that is inconsistent with this First Amendment is hereby amended to be consistent. [Signature pages follow]
34 Site Name: SA204 Twin Oaks Park
Business Unit #: 827158 4
IN WITNESS WHEREOF, City and Licensee have caused this First Amendment to be duly executed on the day and year first written above.

CITY:

CITY OF ROCKLIN
By:

Print Name:

Title:
[Licensee Execution Page Follows]
35 Site Name: SA204 Twin Oaks Park
Business Unit #: 827158 5
This First Amendment is executed by Licensee as of the date written herein.

LICENSEE:

T-MOBILE WEST TOWER LLC,
a Delaware limited liability company
By: CCTMO LLC,
a Delaware limited liability company
Its: Attorney in Fact
By:

Print Name:

Title:
36 Site Name: SA204 Twin Oaks Park
Business Unit #: 827158 6
EXHIBIT B-1
(Legal Description of Additional License Area)
A PORTION OF LOT 22, OF STANFORD RANCH PHASE II, UNIT 1 AND 2, RECORDED IN BOOK Q OF MAPS, PAGE 30, RECORDS OF PLACER COUNTY, IN THE CITY OF ROCKLIN, STATE OF CALIFORNIA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS:

COMMENCING AT A FOUND 2" BRASS DISK ON THE CENTERLINE OF PARK DRIVE, LYING SOUTHERLY OF SAID LOT 22, BEARING NORTH 49° 35' 00" EAST, A DISTANCE OF 543.23 FEET FROM THE END OF A TANGENT CURVE;
THENCE ALONG SAID CENTERLINE NORTH 49° 35' 00" EAST, A DISTANCE OF 174.82 FEET; THENCE DEPARTING THE CENTERLINE OF PARK DRIVE, NORTH 40° 30' 11" WEST A DISTANCE OF 479.31 FEET TO A POINT;
THENCE SOUTH 61° 16' 10" WEST, A DISTANCE OF 22.92 FEET; THENCE NORTH 28° 43' 50" WEST, A DISTANCE OF 1.46 FEET; THENCE SOUTH 61° 16' 10" WEST, A DISTANCE OF 7.04 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING SOUTH 61° 16' 10" WEST, A DISTANCE OF 10.50 FEET; THENCE NORTH 28° 43' 50" WEST, A DISTANCE OF 9.17 FEET; THENCE NORTH 61° 16' 10" EAST, A DISTANCE OF 10.50 FEET; THENCE SOUTH 28° 43' 50" EAST, A DISTANCE OF 9.17 FEET TO THE POINT OF BEGINNING; SAID PARCEL CONTAINS 96 SQUARE FEET OR 0.0022 ACRES OF LAND MORE OR LESS.

TOGETHER WITH A NON-EXCLUSIVE EASEMENT IN, TO, UNDER AND ACROSS LOT 22, OF STANFORD RANCH PHASE II, UNIT 1 AND 2, RECORDED IN BOOK Q OF MAPS, PAGE 30, RECORDS

OF PLACER COUNTY, IN THE CITY OF ROCKLIN, STATE OF CALIFORNIA FOR INGRESS AND

EGRESS, OPERATION, MAINTENANCE OF AND UTILITY SERVICE TO THE ABOVE DESCRIBED PARCEL.
37 Site Name: SA204 Twin Oaks Park
Business Unit #: 827158 7
EXHIBIT B-2
(Legal Description of the Premises, as expanded)
EXISTING LICENSE:

A PORTION OF LOT 22, OF STANFORD RANCH PHASE II, UNIT 1 AND 2, RECORDED IN BOOK Q OF MAPS, PAGE 30, RECORDS OF PLACER COUNTY, IN THE CITY OF ROCKLIN, STATE OF CALIFORNIA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS:

COMMENCING AT A FOUND 2" BRASS DISK ON THE CENTERLINE OF PARK DRIVE, LYING SOUTHERLY OF SAID LOT 22, BEARING NORTH 49° 35' 00" EAST, A DISTANCE OF 543.23 FEET FROM THE END OF A TANGENT CURVE;
THENCE ALONG SAID CENTERLINE NORTH 49° 35' 00" EAST, A DISTANCE OF 174.82 FEET; THENCE DEPARTING THE CENTERLINE OF PARK DRIVE, NORTH 40° 30' 11" WEST A DISTANCE OF 479.31 FEET TO THE POINT OF BEGINNING;
THENCE SOUTH 61° 16' 10" WEST, A DISTANCE OF 22.92 FEET; THENCE NORTH 28° 43' 50" WEST, A DISTANCE OF 7.42 FEET; THENCE NORTH 61° 16' 10" EAST, A DISTANCE OF 2.00 FEET; THENCE NORTH 28° 43' 50" WEST, A DISTANCE OF 9.50 FEET; THENCE NORTH 61° 16' 10" EAST, A DISTANCE OF 11.67 FEET; THENCE NORTH 28° 43' 50" WEST, A DISTANCE OF 0.70 FEET; THENCE NORTH 61° 16' 10" EAST, A DISTANCE OF 9.25 FEET; THENCE SOUTH 28° 43' 50" EAST, A DISTANCE OF 17.62 FEET TO THE POINT OF BEGINNING; SAID PARCEL CONTAINS 375 SQUARE FEET OR 0.0086 ACRES OF LAND MORE OR LESS.

TOGETHER WITH A NON-EXCLUSIVE EASEMENT IN, TO, UNDER AND ACROSS LOT 22, OF STANFORD RANCH PHASE II, UNIT 1 AND 2, RECORDED IN BOOK Q OF MAPS, PAGE 30, RECORDS

OF PLACER COUNTY, IN THE CITY OF ROCKLIN, STATE OF CALIFORNIA FOR INGRESS AND

EGRESS, OPERATION, MAINTENANCE OF AND UTILITY SERVICE TO THE ABOVE DESCRIBED PARCEL.

ADDITIONAL LICENSE AREA:

COMMENCING AT A FOUND 2" BRASS DISK ON THE CENTERLINE OF PARK DRIVE, LYING SOUTHERLY OF SAID LOT 22, BEARING NORTH 49° 35' 00" EAST, A DISTANCE OF 543.23 FEET FROM THE END OF A TANGENT CURVE;
THENCE ALONG SAID CENTERLINE NORTH 49° 35' 00" EAST, A DISTANCE OF 174.82 FEET; THENCE DEPARTING THE CENTERLINE OF PARK DRIVE, NORTH 40° 30' 11" WEST A DISTANCE OF 479.31 FEET TO A POINT;
THENCE SOUTH 61° 16' 10" WEST, A DISTANCE OF 22.92 FEET; THENCE NORTH 28° 43' 50" WEST, A DISTANCE OF 1.46 FEET; THENCE SOUTH 61° 16' 10" WEST, A DISTANCE OF 7.04 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING SOUTH 61° 16' 10" WEST, A DISTANCE OF 10.50 FEET; THENCE NORTH 28° 43' 50" WEST, A DISTANCE OF 9.17 FEET; (Exhibit B-2 continues on the following page)
38 Site Name: SA204 Twin Oaks Park
Business Unit #: 827158 8
THENCE NORTH 61° 16' 10" EAST, A DISTANCE OF 10.50 FEET; THENCE SOUTH 28° 43' 50" EAST, A DISTANCE OF 9.17 FEET TO THE POINT OF BEGINNING; SAID PARCEL CONTAINS 96 SQUARE FEET OR 0.0022 ACRES OF LAND MORE OR LESS.

TOGETHER WITH A NON-EXCLUSIVE EASEMENT IN, TO, UNDER AND ACROSS LOT 22, OF STANFORD RANCH PHASE II, UNIT 1 AND 2, RECORDED IN BOOK Q OF MAPS, PAGE 30, RECORDS

OF PLACER COUNTY, IN THE CITY OF ROCKLIN, STATE OF CALIFORNIA FOR INGRESS AND

EGRESS, OPERATION, MAINTENANCE OF AND UTILITY SERVICE TO THE ABOVE DESCRIBED PARCEL.
39 Site Name: SA204 Twin Oaks Park
Business Unit #: 827158 9
EXHIBIT B-3
(Site Plan/Survey of the Additional License Area and Premises, as expanded) (See Attached)
40 Site Name: SA204 Twin Oaks Park
Business Unit #: 827158 10

EXHIBIT C
(Form of Memorandum of License)
(See Attached)
41 Site Name: SA204 Twin Oaks Park
Business Unit #: 827158 11
This instrument was prepared by:

Crown Castle
2000 Corporate Drive
Canonsburg, PA 15317
After recording return by mail to:

CCTMO LLC
Attn: Recording Department
8020 Katy Freeway
Houston, Texas 77024
Space above this line for Recorder’s Use
A.P.N. 017-350-024-000 Prior recorded document(s) in Placer County, California:

June 20, 2001 as Instrument No. 2001-0060771

MEMORANDUM OF FIRST AMENDMENT TO

COMMUNICATIONS SITE LICENSE AGREEMENT
This document is exempt from the $75 Building Homes and Jobs Act Fee (per Government Code §27388.1) because:
 Document is a transfer of real property subject to the imposition of transfer tax  Document is a transfer of real property that is a residential dwelling to an owneroccupier
 Document is recorded in connection with an exempt transfer of real property (i.e., subject to transfer tax or owner occupied). If not recorded concurrently, provide recording date and document number of related transfer document:

Recording date Document Number
 The $225 per transaction cap is reached
 Document is not related to real property
Documentary Transfer Tax $ __________________
_____ Computed on full value of property
_____ Computed on full value less liens and encumbrances remaining at time of sale
_____ Computed on full value of lease surpassing the 35 year term limit _______________
_____ Computed
on leased area of
the property
City of ______________ Unincorporated ___ Signature of Declarant or agent – Firm Name
42 Site Name: SA204 Twin Oaks Park
Business Unit #: 827158 12

THIS MEMORANDUM OF FIRST AMENDMENT TO COMMUNICATIONS SITE LICENSE AGREEMENT (“Memorandum”) is made effective this ____ day of ______________, 2024 (“Effective Date”), by and between the City of Rocklin (hereinafter referred to as “City”) and T-MOBILE WEST TOWER LLC, a Delaware limited liability company, by and through its Attorney in Fact, CCTMO LLC, a Delaware limited liability company (hereinafter referred to as “Licensee”).

1. City and Pacific Bell Wireless, a Nevada limited liability company (“ Original Licensee”) entered into a Communications Site License Agreement dated October 14, 1999, a memorandum of which was recorded in the official records of Placer County, California (“Official Records ”) on June 20, 2001 as Instrument No. 2001-0060771 (the “ License”) whereby Original Licensee licensed certain real property, together with all necessary and reasonable access and utility rights, located in Placer County, California from the City (the “Premises”), all located within certain real property owned by the City (“ City Property”). The City’s Property of which the Premises is a part, is more particularly described on Exhibit A attached hereto.

2. T-Mobile West Tower LLC is currently the Licensee under the License as successor in interest to Original Licensee.

3. City and Licensee have entered into a First Amendment to Communications Site License Agreement (the “ First Amendment ”), of which this is a Memorandum, wherein the Premise was expanded by an additional area of ninety-six (96) square feet (“ Additional License Area”). The Premises, as expanded is more particularly described on Exhibit B attached hereto.

4. The terms, covenants and provisions of the First Amendment shall extend to and be binding upon the respective executors, administrators, heirs, successors and assigns of City and Licensee.

5. This Memorandum does not contain the social security number of any person.

6. A copy of the First Amendment is on file with the City and Licensee. [Signature and acknowledgment pages follow]
43 Site Name: SA204 Twin Oaks Park
Business Unit #: 827158 13
IN WITNESS WHEREOF, hereunto and to duplicates hereof, City and Licensee have caused this Memorandum to be duly executed on the day and year first written above.

CITY:

CITY OF ROCKLIN
By:

Print Name:

Title:

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 )
) ss:

COUNTY OF )
On ___________________, 2024 before me, _____________________________ (here insert name of the officer), Notary Public, personally appeared _______________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the foregoing 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 that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature of Notary Public
[Seal]
(Licensee signature and acknowledgment are on the following page) 44 Site Name: SA204 Twin Oaks Park
Business Unit #: 827158 14
LICENSEE:

T-MOBILE WEST TOWER LLC,
a Delaware limited liability company
By: CCTMO LLC,
a Delaware limited liability company
Its: Attorney in Fact
By:

Print Name:

Title:

STATE OF )
) ss:

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

WITNESS my hand and official seal.

Signature of Notary Public
[Seal]
45 Site Name: SA204 Twin Oaks Park
Business Unit #: 827158 15

EXHIBIT A
(Legal Description of the City Property)
46 Site Name: SA204 Twin Oaks Park
Business Unit #: 827158 16

EXHIBIT B
(Legal Description of Premises, as expanded)
EXISTING LICENSE:

COMMENCING AT A FOUND 2" BRASS DISK ON THE CENTERLINE OF PARK DRIVE, LYING SOUTHERLY OF SAID LOT 22, BEARING NORTH 49° 35' 00" EAST, A DISTANCE OF 543.23 FEET FROM THE END OF A TANGENT CURVE;
THENCE ALONG SAID CENTERLINE NORTH 49° 35' 00" EAST, A DISTANCE OF 174.82 FEET; THENCE DEPARTING THE CENTERLINE OF PARK DRIVE, NORTH 40° 30' 11" WEST A DISTANCE OF 479.31 FEET TO THE POINT OF BEGINNING;
THENCE SOUTH 61° 16' 10" WEST, A DISTANCE OF 22.92 FEET; THENCE NORTH 28° 43' 50" WEST, A DISTANCE OF 7.42 FEET; THENCE NORTH 61° 16' 10" EAST, A DISTANCE OF 2.00 FEET; THENCE NORTH 28° 43' 50" WEST, A DISTANCE OF 9.50 FEET; THENCE NORTH 61° 16' 10" EAST, A DISTANCE OF 11.67 FEET; THENCE NORTH 28° 43' 50" WEST, A DISTANCE OF 0.70 FEET; THENCE NORTH 61° 16' 10" EAST, A DISTANCE OF 9.25 FEET; THENCE SOUTH 28° 43' 50" EAST, A DISTANCE OF 17.62 FEET TO THE POINT OF BEGINNING; SAID PARCEL CONTAINS 375 SQUARE FEET OR 0.0086 ACRES OF LAND MORE OR LESS.

TOGETHER WITH A NON-EXCLUSIVE EASEMENT IN, TO, UNDER AND ACROSS LOT 22, OF STANFORD RANCH PHASE II, UNIT 1 AND 2, RECORDED IN BOOK Q OF MAPS, PAGE 30, RECORDS

OF PLACER COUNTY, IN THE CITY OF ROCKLIN, STATE OF CALIFORNIA FOR INGRESS AND

EGRESS, OPERATION, MAINTENANCE OF AND UTILITY SERVICE TO THE ABOVE DESCRIBED PARCEL.

ADDITIONAL LICENSE AREA:

COMMENCING AT A FOUND 2" BRASS DISK ON THE CENTERLINE OF PARK DRIVE, LYING SOUTHERLY OF SAID LOT 22, BEARING NORTH 49° 35' 00" EAST, A DISTANCE OF 543.23 FEET FROM THE END OF A TANGENT CURVE;
THENCE ALONG SAID CENTERLINE NORTH 49° 35' 00" EAST, A DISTANCE OF 174.82 FEET; THENCE DEPARTING THE CENTERLINE OF PARK DRIVE, NORTH 40° 30' 11" WEST A DISTANCE OF 479.31 FEET TO A POINT;
THENCE SOUTH 61° 16' 10" WEST, A DISTANCE OF 22.92 FEET; THENCE NORTH 28° 43' 50" WEST, A DISTANCE OF 1.46 FEET; THENCE SOUTH 61° 16' 10" WEST, A DISTANCE OF 7.04 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING SOUTH 61° 16' 10" WEST, A DISTANCE OF 10.50 FEET; THENCE NORTH 28° 43' 50" WEST, A DISTANCE OF 9.17 FEET; (Exhibit B continues on the following page)
THENCE NORTH 61° 16' 10" EAST, A DISTANCE OF 10.50 FEET; 47 Site Name: SA204 Twin Oaks Park
Business Unit #: 827158 17
THENCE SOUTH 28° 43' 50" EAST, A DISTANCE OF 9.17 FEET TO THE POINT OF BEGINNING; SAID PARCEL CONTAINS 96 SQUARE FEET OR 0.0022 ACRES OF LAND MORE OR LESS.

TOGETHER WITH A NON-EXCLUSIVE EASEMENT IN, TO, UNDER AND ACROSS LOT 22, OF STANFORD RANCH PHASE II, UNIT 1 AND 2, RECORDED IN BOOK Q OF MAPS, PAGE 30, RECORDS

OF PLACER COUNTY, IN THE CITY OF ROCKLIN, STATE OF CALIFORNIA FOR INGRESS AND

EGRESS, OPERATION, MAINTENANCE OF AND UTILITY SERVICE TO THE ABOVE DESCRIBED PARCEL.
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SHEET INDEX

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SITE INFORMATION PROJECT DIRECTORY
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GENERAL NOTES

SITE PHOTO

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UNDERGROUND SERVICE ALERT

UTILITY NOTIFICATION CENTER OF CALIFORNIA
(800) 422-4133
WWW.CALIFORNIA811.ORG
DISH Wireless L.L.C. SITE ID:

SCSAC00248A
DISH Wireless L.L.C. SITE ADDRESS:
5500 PARK DR.

ROCKLIN, CA 95677

CALIFORNIA - CODE COMPLIANCE

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Staff Report

Subject:
2023 Homeland Security Grant Program - Award of Grants
Date:

May 28, 2024
Submitted By:

Reginald Williams, Fire Chief
Rustin Banks, Police Chief
Department:

Police
Recommendation:

Background:

The State Homeland Security Program
provides funding to support the implementation of risk- driven, capabilities-based State Homeland Security Strategies to address capability targets.

The Homeland Security Grant Program includes a suite of risk-based grants to assist state, local, tribal and territorial efforts in preventing, protecting against, mitigating, responding to and recovering from acts of terrorism and other threats. This grant provides grantees with the resources required for implementation of the National Preparedness System and working toward the National Preparedness Goal of a secure and resilient nation.

On November 30, 2022, the City of Rocklin Fire Department applied for the State Homeland Security Grant Program through the County of Placer,
to increase the department's multi-band
radio program for enhanced intra- and inter-agency communications county-wide . On April 22,
2024, the Fire Department was notified of an award in the amount of $30,000, starting on or about May 1, 2024 and concluding December 31, 2025.

On November 30, 2022, the City of Rocklin Police Department applied for the State Homeland Security Grant Program through the County of Placer,
to purchase fire retardant gear for
protection from heat and fire of personnel while providing security and mutual aid and light- weight, mobile armored shields for SWAT personnel
. On April 22, 2024 the Police Department
was notified of an award in the amount of $27,237, starting on or about May 1, 2024 and concluding December 31, 2025.

The California Governor’s Office of Emergency Services (CalOES) and Federal Emergency Management Agency (FEMA) require the City Council certify by Resolution (Attachment 1) the approval of the grant awards and acceptance of the terms and grant funding. The total grant Item Number 2E.

99 award is $57,237, and no match is required. However, in order to accept the grant funds into the Fiscal Year 2023/24 Operating Budget, the Resolution authorizes a budget amendment to appropriate $57,237 in the Other Reimbursables Fund (Fund 275), with offsetting revenue, to account for and administer the grant.

Fiscal Impact:

The total amount of the grant is $57,237. There is no direct fiscal impact as no City match is required.

ATTACHMENTS:

1. Resolution

2. Resolution Exhibit A - County of Placer Notifications of Subaward

3. Resolution Exhibit B - Department of Homeland Security Subaward Grant Agreement - City of Rocklin Fire Department

4. Resolution Exhibit C - Department of Homeland Security Subaward Grant Agreement - City of Rocklin Police Department
100
RESOLUTION NO. 2024-

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

AUTHORIZING THE CITY MANAGER TO EXECUTE SUBAWARDEE GRANT AGREEMENTS

WITH THE COUNTY OF PLACER
ACCEPTING THE TERMS AND AWARDS OF THE 2023 HOMELAND SECURITY GRANT

PROGRAM
WHEREAS, on November 30, 2022 the City of Rocklin Fire Department applied for and on April 22, 2024 was notified of an award in the amount of thirty thousand dollars ($30,000) starting on or about May 1, 2024 and concluding December 31, 2025; and
WHEREAS, the grant funds for Fire will be used to increase to our multi-band radio program for enhanced intra- and inter-agency communications countywide; and WHEREAS, on November 30, 2022 the City of Rocklin Police Department applied for and on April 22, 2024 was notified of an award in the amount of twenty-seven thousand two hundred thirty-seven dollars ($27,237) starting on or about May 1, 2024 and concluding December 31, 2025; and
WHEREAS, the grant funds for Police will be used to purchase fire retardant gear for protection from heat and fire of personnel while providing security and mutual aid and light-weight, mobile armored shields for SWAT personnel; and WHEREAS, the California Governor’s Office of Emergency Services (Cal OES) and Federal Emergency Management Agency (FEMA) require the City of Rocklin’s City Council to adopt a resolution supporting the application and the proposed Grant Activities and identify the individual who is authorized to execute this Agreement; and WHEREAS, the County of Placer Notifications of Subaward are attached hereto as Exhibit A; and
WHEREAS, the Department of Homeland Security Subaward Grant Agreements are attached hereto as Exhibits B (Fire) and C (Police); and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rocklin as follows:

Section 1. The City Council of the City of Rocklin hereby approves of and authorizes the City Manager to execute the Subawardee Grant Agreements and all actions required to obtain and manage funds with the County of Placer accepting the terms and awards of the 2023 State Homeland Security Grant Program for both Fire and Police.
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Section 2. The City Manager is authorized to appropriate an expenditure budget of $57,237 and a corresponding revenue budget in the like amount to account for and administer grant in the Reimbursable Fund (Fund 275).

PASSED AND ADOPTED this 28th day of May, 2024, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:
____________________________________
Greg Janda, Mayor
ATTEST:
____________________________
Avinta Singh, City Clerk
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Placer County Office of Emergency Services
DHS Agreement with City of Rocklin

DEPARTMENT OF HOMELAND SECURITY

SUBAWARDEE GRANT AGREEMENT

CONTRACT NO: 2023-0042-061
DEPARTMENT: Office of Emergency Services
SUBAWARDEE: City of Rocklin
SUBAWARDEE UEI #: F9JTDAHKSBX5

GRANT INFORMATION:

Fiscal Year (FY) 2023 Homeland Security Grant Program (HSGP) Subaward #2023-0042 Subaward Period : 09/01/2023 – 05/31/2026
Federal Grantor Agency – US Department of Homeland Security CFDA #97.067 Pass-through State Agency – California Office of Emergency Services FIPS #061-00000, Subaward #2023-0042

This Agreement is entered into as of the date last signed below (“Effective Date”) between the County of Placer, a political subdivision of the State of California (hereinafter “County”) and City of Rocklin (hereinafter “SUBAWARDEE”, collectively “Parties”).

WHEREAS, County has been designated as the pass-through agent for the local administration of the State Homeland Security Grant Program (“SHSGP”) which consists of federally awarded funds from the Federal Emergency Management Agency (“FEMA”) through the California Governor’s Office of Emergency Services (“CalOES”); and

WHEREAS, SUBAWARDEE submitted an application to County for an award of a portion of the SHSGP that has been awarded to County; and

WHEREAS, County has approved SUBAWARDEE’s application for such grant funds conditioned on SUBAWARDEE’s approval and execution of this Agreement; and

WHEREAS, the purpose of this Agreement is to memorialize SUBAWARDEE’s legal obligations with respect to its use of the grant funds and its compliance with the terms and conditions of the SHSGP; and

WHEREAS, pursuant to Placer County Board of Supervisors Resolution No. 2022-128 (current HSGP GBR) dated June 21, 2022, which is attached hereto and incorporated herein as Exhibit C, the Assistant Director of the Placer County Office of Emergency Services (“PlacerOES”) has been authorized to execute this Agreement on behalf of County; and

WHEREAS, County and SUBAWARDEE desire to enter into this Agreement on the terms and conditions set forth herein.

NOW, THEREFORE, in consideration of the mutual promises hereinafter set forth, County and SUBAWARDEE agree as follows:

1. GRANT FUNDS & GRANT ACTIVITIES. SUBAWARDEE will utilize 2023 State Homeland Security Grant Program (SHSGP) grant funds (“Grant Funds”) only in the amount, type, and manner described in Exhibit A (“Scope of Grant Activities”). SUBAWARDEE will complete the tasks and/or activities in Exhibit A (“Grant Activities”) within the term of this Agreement.

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DHS Agreement with City of Rocklin

2. TERM OF AGREEMENT. This Agreement commences on the last date of execution of this Agreement and shall terminate on December 31, 2025 (December of year prior to closeout date).

3. SHSGP OBLIGATIONS.

A. Federal and State Requirements. The state and federal grant award requirements are provided in Exhibit B (“CalOES Standard Assurances”). SUBAWARDEE shall abide by all requirements therein, including:

i. The Department of Homeland Security Standard Terms and Conditions referenced therein.

ii. The requirement to provide proof in the form of a duly adopted resolution of the SUBAWARDEE’s governing body supporting the application and the proposed Grant Activities and identifying the individual who is authorized to execute this Agreement, which shall be provided as Exhibit D to this Agreement.

iii. The requirement to adhere to government cost principles, uniform administrative requirements, and audit requirements provided in 2 CFR 200, as they may be updated from time to time by the federal Office of Management and Budget.

iv. The requirement to adhere to all applicable federal regulations; the FEMA Notice of Funding Opportunity (“NOFO”); the FEMA Preparedness Grants Manual; the California Supplement to the NOFO; and federal and state grant program guidelines.

v. The audit and access to records provisions, which require SUBAWARDEE to provide County, the Comptroller General of the Unities States, and, if appropriate, the state, with access to all records related to the Grant Funds.

B. Procurement. SUBAWARDEE’s systems for acquiring goods and services under this Agreement shall comply with applicable federal regulations. All contracts awarded by SUBAWARDEE related to this Agreement, including but not limited to those in amounts less than the simplified acquisition threshold, shall contain the provisions set forth in 2 CFR 200, as applicable.

C. Use of Grant Funds for Fee or Profit Prohibited. The use of Grant Funds for the payment of any fee or profit under a sub-award, as defined in 2 CFR 200 subpart A–E, is not allowable.

The term sub -award does not include the SUBAWARDEE’s procurement of goods and services needed to carry out Grant Activities.

D. Post-Award Requirements . SUBAWARDEE shall meet all c loseout and continuing responsibilities, such as equipment tracking, monitoring, auditing, and records retention pursuant to the requirements in Exhibit B. SUBAWARDEE expressly agrees that use of the funds award is subject to single audit requirements pursuant to 2 CFR Part 200, Subpart F – Audit Requirements, Section 200.500.

E. Notification of Adverse Developments. The SUBAWARDEE shall notify County in writing of any developments that have a significant adverse impact on Grant Activities, as soon as reasonably practicable. This notification shall include a statement of the adverse issues, 107
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DHS Agreement with City of Rocklin
impact expected, action taken or contemplated, and any assistance needed to resolve the situation.

F. Pre-award Costs. SUBAWARDEE may not incur pre-award costs prior to the effective date of this Agreement as determined by CalOES. If SUBAWARDEE chooses to incur pre-award costs, it is at SUBAWARDEE’s sole risk and shall not impose any obligation on County.

G. Unexpended Allocation. SUBAWARDEE is not authorized to carry forward any unexpended allocation of Grant Funds beyond the term of this Agreement. As soon as SUBAWARDEE is aware that Grant Funds will not be expended, SUBAWARDEE shall notify County in writing and return the unused allocation of Grant Funds to County.

H. Ownership of Work Product. All technical data, evaluations, plans, specifications, reports, documents, or other work products developed by SUBAWARDEE hereunder shall be the property of the federal government, state, and County and shall be delivered to County by SUBAWARDEE upon completion of the Grant Activities. SUBAWARDEE may retain copies thereof for its files and internal use. Publication of the information directly derived from work performed or data obtained in connection with services rendered under this Agreement must first be approved in writing by County and state as applicable.

I. Property. Title to all nonexpendable and expendable tangible personal property purchased by the SUBAWARDEE with Grant Funds shall be deemed to have vested in the SUBAWARDEE upon purchase, in accordance with the provisions of 2 CRF 200, without further obligation. Title to any federally owned property remains vested in the federal government. No real property may be acquired with Grant Funds.

J. Reports. SUBAWARDEE shall submit the following reports and/or information electronically to County:

i. Quarterly Status Report. This report form provided by County, is due 15 days after quarter end, shall keep the County informed of SUBAWARDEE activity and progress toward accomplishment of the objectives of the Grant Activities.

ii. Equipment Tracking. SUBAWARDEE shall submit equipment information to County at least every 18 months, as required by 2 CFR 200. The equipment information must include a physical inventory report of all equipment that was purchased with the Grant Funds. SUBAWARDEE must report all equipment valued under $5,000 to County, and County approval is required to remove such equipment from the equipment inventory report. Equipment that is lost, stolen, or destroyed needs to be reported to County and may need to be replaced by SUBAWARDEE at SUBAWARDEE’s sole expense.

4. GRANT FUND PAYMENT.

A. County shall process SUBAWARDEE’s payment requests on a reimbursement basis. Grant Funds shall not be paid in advance. SUBAWARDEE shall submit payment requests quarterly, as provided below.

i. Quarter 1 (January–March): Payment request due April 15

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DHS Agreement with City of Rocklin
ii. Quarter 2 (April–June): Payment request July 15

iii. Quarter 3 (July–September): Payment request October 15

iv. Quarter 4 (October–December): Payment request January 15

With each payment request, SUBAWARDEE must provide supporting documentation reflecting actual costs incurred and associated Grant Activities performed and/or completed.

Failure to meet the above deadlines and/or provide supporting documentation may result in payment delays.

B. Each payment request must include a certification, signed by an official who is authorized to legally bind the SUBAWARDEE, which reads as follows:

“By signing this report, I certify to the best of my knowledge and belief that the report is true, complete, and accurate, and the expenditures, disbursements and cash receipts are for the purposes and objectives set forth in the terms and conditions of the Federal award. I am aware that any false, fictitious, or fraudulent information, or the omission of any material fact, may subject me to criminal, civil, or administrative penalties for fraud, false statements, and false claims otherwise. (U.S. Code Title 18, Section 1001 and Title 31, Sections 3729–3730 and 3801–3812).”

C. County will review each payment request from SUBAWARDEE and, if approved, submit the request to CalOES on behalf of SUBAWARDEE. CalOES may submit the request to FEMA for approval.

D. SUBAWARDEE understands and acknowledges that County does not control either the process for approving payment requests submitted to CalOES or CalOES’s decision regarding the payment request. Responsibility for processing, approving, and making payment in connect ion with any payment request submitted by SUBAWARDEE lies exclusively with CalOES and County shall have no financial liability to SUBAWARDEE for CalOES’s failure to process, approve, or make payment in connection with any payment request.

E. If the County becomes aware of any deficiencies in the payment request, County shall communicate the deficiencies to the SUBAWARDEE along with the corrective action necessary to allow County to submit the payment request to CalOES. SUBAWARDEE shall be responsible for correcting any deficiencies in the request.

F. When County receives Grant Funds from CalOES, County will process payment of Grant Funds to SUBAWARDEE. Because of the multiple agencies involved in reviewing and approving these payment requests, payment processing may take up to twelve (12) months.

5. DISGORGEMENT. SUBAWARDEE understands and acknowledges that its failure to comply with the requirements of this Agreement, including but not limited to its failure to comply with the rules and regulations governing the use of Grant Funds, may result in an audit or monitoring of SUBAWARDEE’s use of the Grant Funds or SUBAWARDEE’s compliance with the rules and regulations governing its use of Grant Funds, or both, by FEMA or CalOES. SUBAWARDEE further understands and acknowledges that the result of any such audit may be a demand by FEMA, CalOES, and/or County that SUBAWARDEE repay (disgorge) some or all of the Grant Funds . 109
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Placer County Office of Emergency Services
DHS Agreement with City of Rocklin
SUBAWARDEE shall indemnify, defend, and hold harmless the County, its Board of Supervisors, officers, directors, agents, and employees from and against any and all claims, demands, actions, losses, liabilities, damages, and costs, including reasonable attorneys’ fees, arising out of or resulting from a demand from FEMA or CalOES, or both, for repayment of some or all of the Grant Funds as a result of SUBAWARDEE’s failure to comply with any term or condition of this Agreement.

6. NOTICES. Any notice, request, demand, or other communication required or authorized under this Agreement shall be deemed to be properly given when:

A. Delivered personally to the person below, as of the date of delivery; or

B. Mailed to the physical address listed below by U.S. Mail or similar service, with postage prepaid and properly addressed, as of the date of postmark; or

C. Emailed to the email address(es) below, as of the date a read receipt, an acknowledgement from the recipient, or other proof of delivery is received by the sender.

In the case of County, to:

Name, Title: David Atkinson, Assistant Director of Emergency Services Address: 2968 Richardson Dr.

Auburn CA, 95603
Telephone: 530-886-5300
Email: [email protected]

In the case of SUBAWARDEE, to:

Name, Title: Reginald Williams, Chief
Address: 4060 Rocklin Road
Rocklin, CA 95677
Telephone: 916-625-5300
Email: [email protected]

7. TERMINATION AND ENFORCEMENT. This Agreement may be terminated by County if SUBAWARDEE materially fails to comply with the terms and conditions herein. Such termination shall be effective upon service of written notice of termination on SUBAWARDEE. As an alternative to termination, County may, in its sole and exclusive discretion, impose special conditions or take appropriate action as provided in 2 CFR 200 subpart D.

8. INDEMNIFICATION. SUBAWARDEE shall indemnify, defend, and hold harmless the County, its Board of Supervisors, officers, directors, agents, employees, and volunteers from and against any and all claims, demands, actions, losses, liabilities, damages, and costs, including reasonable attorneys’ fees, arising out of or related to this Agreement. This obligation to indemnify will survive termination of this Agreement.

9. EXHIBITS; MERGER CLAUSE; AMENDMENTS. This Agreement, including all Exhibits and Attachments, incorporated herein by this reference, constitutes the sole Agreement between the Parties and correctly states the rights, duties, and obligations of each party as of this document’s date. In the event that any term, condition, provision, requirement, or specification set forth in the body of t his Agreement conflicts with or is inconsistent with any term, condition, provision, 110
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requirement, or specification in any Exhibit and/or Attachment to this Agreement, the provisions of the body of the Agreement shall prevail. Any prior agreement, promises, negotiations, or representations between the parties not expressly stated in this document are not binding.

All subsequent modifications or amendments to this Agreement shall be in writing and signed by the parties.

10. SUCCESSORS AND ASSIGNS. This Agreement is to be binding on the successors of the parties hereto. The services called for herein are deemed unique and SUBAWARDEE shall not assign, transfer, or otherwise substitute its interest in this Agreement.

11. CONFLICT OF INTEREST. SUBAWARDEE certifies that it has no current business or financial relationship with any County employee or official, or other County contract provider that could create a conflict with this Agreement and will not enter into any such business or financial relationships during the period of this Agreement. SUBAWARDEE attests that its employees and the officers of its governing body shall avoid any actual or potential conflicts of interest, and that no officer or employee who exercises any functions or responsibilities in connection with this Agreement shall have any legally prohibited personal financial interest or benefit which either directly or indirectly arises out of this Agreement. SUBAWARDEE shall establish safeguards to prohibit employees or officers from using their positions for a purpose which could result in legally prohibited private gain or gives the appearance of being motivated for legally prohibited private gain for themselves or others, particularly those with whom they have family, business, or other ties. SUBAWARDEE certifies that no official or employee of the County, nor any business entity in which an official of the County has an interest, has been employed or retained to solicit or aid in the procuring of this Agreement. In addition, SUBAWARDEE agrees that no such person will be employed in the performance of this Agreement without immediately notifying the County.

12. VALIDITY OF ALL PARTS OF THE AGREEMENT. Should any part of this Agreement be declared by a final decision by a court or tribunal of competent jurisdiction to be unconstitutional, invalid or beyond the authority of either party to enter into or carry out, such decision shall not affect the validity of the remainder of this Agreement, which shall continue in full force and effect, provided that the remainder of this Agreement can be interpreted to give effect to the intentions of the parties.

13. GOVERNING STATE LAWS AND JURISDICTION. This Agreement is executed and intended to be performed in the State of California, and the laws of that State shall govern i ts interpretation and effect. Any legal proceedings on this agreement shall be brought under the jurisdiction of the Superior Court of the County of Placer, State of California. Each party waives any Federal court removal and/or original jurisdiction rights it may have.

14. WAIVERS IN PART. County’s waiver of the performance of any covenant, condition, obligation, representation, warranty or promise in this Agreement shall not invalidate this Agreement or be deemed a waiver of any other covenant, condition, obligation, representation, warranty or promise. County’s waiver of the time for performing any act or condition hereunder does not constitute a waiver of the act or condition itself.

15. INTERPRETATION. This Agreement shall be deemed to have been prepared equally by both of the parties, and the Agree ment and its individual provisions shall not be construed or interpreted more favorably for one party on the basis that the other party prepared it.

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16. DUPLICATE COUNTERPARTS; ELECTRONIC SIGNATURE. This Agreement may be executed in duplicate counterparts. Each counterpart shall be an original and both together shall constitute but one and the same document. This Agreement shall not be deemed executed unless and until at least one counterpart bears the signatures of all parties’ designated signatories.

In addition, this Agreement and future documents relating to this Agreement may be digitally signed in accordance with California law. Any party to this Agreement may revoke such agreement to permit electronic signatures at any time in relation to all future documents by providing notice pursuant to this Agreement.

IN WITNESS WHEREOF, the parties hereto have caused their duly authorized representatives to execute this Agreement.

SUBAWARDEE NAME (“SUBAWARDEE”)* COUNTY OF PLACER (“COUNTY”)

_____________________________________
Signature

_____________________________________
David Atkinson, PE
Assistant Director of Emergency Services
Placer County Office of Emergency Services

Aly Zimmermann, City Manager____________
Print Name

Chair of the Board, President, or
Vice President

Date: _______________________________ Date: ______________________________

_____________________________________
Signature
Approved as to Form
Office of Placer County Counsel

Matthew McOmber, City Attorney__________
Print Name

_____________________________________

Secretary, Asst. Secretary,
Chief Financ ial Officer, or Asst.

Treasurer

Date: _______________________________

Date: ______________________________

EXHIBITS:

Exhibit A: Scope of Grant Activities
Exhibit B: CalOES Standard Assurances
Exhibit C: County Resolution No. 2022-128
Exhibit D: SUBAWARDEE Resolution No. TBD
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EXHIBIT A

SCOPE OF GRANT ACTIVITIES
See Attachment A

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DHS Agreement with City of Rocklin

EXHIBIT B
CalOES STANDARD ASSURANCES
See Attachment B

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EXHIBIT C
COUNTY RESOLUTION NO. 2022-128
See Attachment C

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EXHIBIT D
SUBAWARDEE RESOLUTION NO. TBD

117
3/25/24, 1:29 PM Homeland Security Grant Program (HSGP) FY2023 Project Application https://forms.office.com/Pages/DesignPageV2.aspx?origin=NeoPortalPage&subpage=design&id=DOpnDCUV3EupM96HnECBHc9M23e3e5BPtt0zRj… 1/5 View results
Anonymous 10:28
Time to complete
6 Respondent
Applicant Agency *1.

CITY OF ROCKLIN, FIRE DEPARTMENT
Applicant Address *2.
4060 ROCKLIN ROAD, ROCKLIN, CA 95677
Primary Contact Name *3.

RYAN BRAYTON
Primary Contact Title *4.

DEPUTY CHIEF
Primary Contact Email *5.

[email protected]
Primary Contact Phone *6.
916-625-5307
Finance Contact Name *7.

KAREN SMITH
Finance Contact Title *8.

ADMINISTRATIVE ANALYST

EXHIBIT A
118
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[email protected]
Finance Contact Phone *10.
916-625-5356
Project Title: (Brief Project Summary - 20 Words or Fewer) *11.

PORTABLE RADIO UPGRADE FOR INTERAGENCY OPERABILITY
Funding Amount Requested *12.
$144,302.30
Yes
No
Is your agency willing to accept partial funding for your project? *13.

Yes
No
Has a cost analysis been performed? *14.

Yes
No
Are all costs reasonable, necessary, and allowable as defined in 2CFR Subpart E? https://www.ecfr.gov/current/title-2/subtitle- A/chapter-II/part-200/subpart-E *

15. Equipment
Training
Planning
Exercise
Project Type *16.
119
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Shareable
Both
Is your project deployable, shareable, or both? *17.

Enhancing the protection of soft targets/crowded places Enhancing information and intelligence sharing and cooperation with federal agencies Combating domestic violent extremism
Enhancing community preparedness and resilience
Enhancing cybersecurity
Enhancing election security
This project does not satisfy a National Priority
Does the project fulfill one of the following National Priorities? *18.

Enhance Information Collection, Analysis, and Sharing, in Support of Public Safety Operations Across California Protect Critical Infrastructure and Key Resources from All Threats and Hazards Strengthen Security and Preparedness Across Cyberspace
Strengthen Communications Capabilities through Planning, Governance, Technology, and Equipment Enhance Community Preparedness
Enhance Multi-Jurisdictional/Inter-Jurisdictional All-Hazards Incident Catastrophic Planning, Response, and Recovery Capabilities Improve Medical and Health Capabilities
Enhance Incident Recovery Capabilities
Strengthen Food and Agriculture Preparedness
Enhance Homeland Security Exercise, Evaluation, and Training Programs Does the project fulfill one of the State Homeland Security Priorities? *19. 120
3/25/24, 1:29 PM Homeland Security Grant Program (HSGP) FY2023 Project Application https://forms.office.com/Pages/DesignPageV2.aspx?origin=NeoPortalPage&subpage=design&id=DOpnDCUV3EupM96HnECBHc9M23e3e5BPtt0zRj… 4/5 Enhance Information and Intelligence Sharing and Cooperation with Federal Agencies, including DHS Enhance the Protection of Soft Targets/Crowded Places
Enhance Cybersecurity
Address Emergent Threats
Combating Domestic Violent Extremism through Enhanced Intelligence Collection & Analysis, Training, and Community Resilience Strengthen Emergency Communications Capabilities Through Planning, Governance, Technology, and Equipment Enhance Medical and Public Health Preparedness
Strengthen Information Sharing and Collaboration
Enhance Community Capabilities through Multi-Jurisdictional/ Inter-Jurisdictional All-Hazards Incident Planning, Response & Recovery Coordination, including Partnerships with Volunteers and Community Based Organizations and Programs Protect Critical Infrastructure and Key Resources (includes Food and Agriculture) Does the project fulfill one of the California State Investment Strategies? *20.

Project Description: Include the following information: Who the project is for (local HazMat Team, Fire Services, Law Enforcement, EOC, etc.); what the project entails (plans, equipment, training, exercises); where the project will take place (city, county, region); when the project will start and end (must be within the grant period of performance); why the project is necessary or what the intended benefit will be. (Limit 750 words) *

21. THE ROCKLIN FIRE DEPARTMENT REQUESTS THE PROCUREMENT OF FIFTEEN (15) MOTOROLA APX 8000EX ALL-BAND PORTABLE RADIOS AND ACCESSORIES VIA GRANT FUNDING FOR FIRE SUPPRESSION AND LEADERSHIP POSITIONS WITHIN THE DEPARTMENT FOR OPERATIONS, COMMAND AND CONTROL FUNCTIONS.

ROCKLIN FIRE DEPARTMENT WILL IMPLEMENT ALL-BAND PORTABLE RADIOS IN ROCKLIN AND PLACER COUNTY ENABLING EXPANDED COMMUNICATIONS ENHANCING MULTI-JURISDICTIONAL AND INTER-JURISDICTIONAL ALL-HAZARD INCIDENT PLANNING, RESPONSE, AND COORDINATION.

ACQUISITION AND IMPLEMENTATION OF THE PROJECT WILL COMMENCE UPON APPROVAL OF THIS GRANT WITHIN THE ALLOCATED TIME FRAME FOR PROCUREMENT.

PLACER COUNTY HAS FIVE (5) FIRE DISPATCH CENTERS OPERATING A COMBINATION OF 800 MHZ AND VHF FREQUENCIES. MANY AUTOMATIC AND MUTUAL AID RESPONSES REQUIRE PERSONNEL TO RELY ON UNRELIABLE FREQUENCY PATCHES AND LIMIT AVAILABLE OPERATIONAL COMMUNICATION BANDS.

ROCKLIN FIRE'S IMPLEMENTATION OF ALL-BAND RADIOS WILL PROVIDE EACH OPERATIONAL FIREFIGHTER AND SUPERVISOR ON SHIFT WITH THE ABILITY TO COMMUNICATE ON MULTI-JURISDICTIONAL INCIDENTS WITHIN PLACER COUNTY. THE ABILITY TO OPERATE IN MULTI-BAND COMMUNICATION SYSTEMS WILL

STRENGTHEN COMMUNICATION CAPABILITIES, INCREASE FIREFIGHTER SAFETY, ENHANCE THE MULTI-AGENCY PREPAREDNESS RESPONSE WITHIN PLACER

COUNTY, AND INCREASE RESILIENCE BY HAVING FLEXIBLE COMMUNICATION SYSTEMS TO COORDINATE WITH LOCAL AND FEDERAL FIRE AND LAW ENFORCEMENT AGENCIES. BY UTILIZING THE MULTI-BAND FREQUENCIES CAPABILITIES OF THE RADIOS, PERSONNEL CAN ENHANCE THE COMMUNITY PREPAREDNESS AND RESILIENCE IN ALL-HAZARD INCIDENT PREPARATION, RESPONSE, AND RECOVERY RESULTING IN INCREASED EFFICIENCIES AND SAFETY.

CURRENTLY, THE ROCKLIN FIRE DEPARTMENT HAS NO CAPABILITY OF COMMUNICATING ON THE 800MHZ FREQUENCY.

Is this a regional/multi-agency or agency-specific project? If this is a regional/multi-agency project, which agency will take the lead? *

22. AGENCY-SPECIFIC WITH CAPABILITY TO COMMUNICATE ACROSS MULTIPLE AGENCIES.

PLACER COUNTY AND BEYOND. THE ADDITION OF THIS TECHNOLOGY TO OUR ORGANIZATION WILL PROVIDE SEAMLESS INTEROPERABILITY BETWEEN BOTH THE FIRE AND POLICE DEPARTMENTS OF THE CITY OF ROCKLIN. IT WILL ALSO PROVIDE FOR RELIABLE COMMUNICATIONS BETWEEN PLACER COUNTY’S TWO LARGEST CITY FIRE DEPARTMENTS THAT SHARE RESOURCES ON A DAILY BASIS; ROCKLIN AND ROSEVILLE. CURRENTLY, THIS PARTNERSHIP RELIES ON A PATCH (800MHZ TO VHF) THAT IS LIMITED IN ITS CAPABILITY. WITH MULTIPLE MOVING PARTS NEEDING TO WORK FLAWLESSLY IN CONCERT TO ENSURE OPERABILITY, THE ADDITION OF THIS TECHNOLOGY WILL REMOVE THIS REDUNDANCY AND ENHANCE THE SAFETY OF OUR PERSONNEL. FROM A REGIONAL STAND POINT,

EMERGENCY RESPONSE FORCES WOULD BE ABLE TO COMMUNICATE AND MORE RAPIDLY DEPLOY TO ALL AREAS WITHIN, PLACER COUNTY AND SURROUNDING JURISDICTIONS.
121
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23. THE ATTACKS ON 9/11, THE BOSTON CITY MARATHON, AND NUMEROUS ACTIVE SHOOTER INCIDENTS HAVE GIVEN RISE TO THE IMPORTANCE OF NEEDING RELIABLE, EFFECTIVE, AND INTEROPERABLE COMMUNICATION PLATFORMS. ROCKLIN HIS HOME TO ONE OF TWO TRANSFER AND PUMPING STATIONS OWNED BY KINDER MORGAN INC. HAVING THE CAPACITY TO STORE OVER TEN MILLION GALLONS OF FUEL AND BEING RESPONSIBLE FOR PROVIDING RENO'S SUBSTATION WITH FUEL PRODUCTS, A DELIBERATE INCIDENT AT THIS FACILITY WILL CREATE SUPPLY CHAIN ISSUES THROUGHOUT MANY WESTERN STATES. AN INCIDENT OF GREATER ALARM WOULD REQUIRE ASSISTANCE FROM THE COUNTY, REGIONAL, AND FEDERAL PARTNERS WHO COMMUNICATE USING 800 MHZ FREQUENCIES.

AS A CITY HAVING TWO COLLEGE CAMPUSES, TWO MAJOR FREEWAYS, A NEIGHBORING REGIONAL MALL, A COMPREHENSIVE RAILWAY SYSTEM ADJACENT TO

HIGH-PRESSURE PETROLEUM LINES (SUPPLIED BY KINDER MORGAN), AND BEING MINUTES AWAY FROM OUR STATE CAPITAL, THE NEED FOR INTEROPERABILITY AND MUTUAL-AID IS PARAMOUNT TO THE SUCCESS OF THE INCIDENT AND THE SAFETY OF OUR PERSONNEL AND THE COMMUNITIES WE SERVE.

If this project funds
Equipment, please provide the Equipment Type, AEL Code, AEL Title, Quantity Needed, Unit Cost, and Total Cost.

24. PORTABLE RADIO; 06CP-01-PORT; RADIO, PORTABLE; QTY 15 @ $7,854.07 EACH; $117,811.10 EXTENDED (APX8000XE RUGGED RADIO WITH PROGRAMMING OPTIONS);
ACCESSORIES; 06CP-03-PRAC; ACCESSORIES, PORTABLE RADIO; QTY 15; $604.73 EACH; $9070.95 EXTENDED (BATTERY AND AUDIO REMOTE SPEAKER); ACCESSORIES; 06CP-03-PRAC; ACCESSORIES, PORTABLE RADIO; QTY 4; $1065.15 EACH; $4,260.60 EXTENDED (CHARGING BANKS) TOTAL COST WITH SALES TAX: $144,302.30
If this project funds
Equipment, please describe the jurisdiction’s maintenance and sustainability plans for the item(s).25.

EQUIPMENT MAINTENANCE WILL BE COMMENSURATE WITH OUR CURRENT RADIO PROGRAM. ROCKLIN FIRE WILL SELF-FUND EQUIPMENT MAINTENANCE.

PERSONNEL ARE TRAINED FOR MINOR REPAIRS WHILE THOSE NEEDING AN EXPANDED SCOPE ARE SENT TO AUTHORIZED SERVICE CENTERS. ALL ASSOCIATED FEES FOR REPAIR AND/OR REPLACEMENT OF EQUIPMENT PROVIDED THROUGH THIS GRANT OPPORTUNITY WILL BE ENCUMBERED BY OUR ORGANIZATION.

If this project funds
Training, please provide the Course Title, Course Provider, Course Location, Number of Students, Student Agency, Materials and Supply Costs, Travel Costs, and Total Cost. and Total Cost.

26. THIS PROJECT DOES NOT REQUEST GRANT FUNDING FOR TRAINING.

If this project funds an Exercise, please provide the Course Title, Course Provider, Course Location, Number of Students, Student Agency, Materials and Supply Costs, Travel Costs, and Total Cost.

27. THIS PROJECT DOES NOT REQUEST GRANT FUNDING FOR AN EXERCISE.

If this project funds Planning, please provide the costs for Contractors, Consultants, Conferences, Meetings, Materials and Supply Costs, Travel Costs, and Total Cost.

28. THIS PROJECT DOES NOT REQUEST GRANT FUNDING FOR PLANNING. 122
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As the duly authorized representative of the Applicant, I hereby certify that the Applicant has the legal authority to apply for federal assistance and the institutional, managerial, and financial capability (including funds sufficient to pay any non-federal share of project cost) to ensure proper planning, management, and completion of the project described in this application, within prescribed timelines.

The
requirements outlined in these assurances apply to Applicant and any of its subrecipients.

I
further acknowledge that the Applicant is responsible for reviewing and adhering to all requirements within the:
(a) Applicable Federal Regulations (see below);
(b) Federal Program Notice of Funding Opportunity (NOFO); (c) Federal Preparedness Grants Manual;
(d) California Supplement to the NOFO; and
(e) Federal and State Grant Program Guidelines.

Federal
Regulations
Government cost principles, uniform administrative requirements, and audit requirements for federal grant programs are set forth in Title 2, Part 200 of the Code of Federal Regulations (C.F.R.). Updates are issued by the Office of Management and Budget (OMB) and can be found at http://www.whitehouse.gov/omb/.

I
n the event Cal OES determines that changes are necessary to the subaward after a subaward has been made, including changes to period of performance or terms and conditions, Applicants will be notified of the changes in writing. Once notification has been made, any subsequent request for funds will indicate Applicant acceptance of the changes to the subaward.

State
and federal grant award requirements are set forth below. The Applicant hereby agrees to comply with the following:

1. Proof of Authority
The Applicant will obtain proof of authority from the city council, governing board, or authorized body in support of this project. This written authorization must specify that the Applicant and the city council, governing board, or authorized body agree:

EXHIBIT B
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(a) To provide all matching funds required for the grant project and that any cash match will be appropriated as required;
(b) Any liability arising out of the performance of this agreement shall be the responsibility of the Applicant and the city council, governing board, or authorized body;
(c) Grant funds shall not be used to supplant expenditures controlled by the city council, governing board, or authorized body;
(d) The Applicant is authorized by the city council, governing board, or authorized body to apply for federal assistance, and the institutional, managerial and financial capability (including funds sufficient to pay the non-federal share of project cost, if any) to ensure proper planning, management and completion of the project described in this application; and
(e) The official executing this agreement is authorized by the Applicant.

T
his Proof of Authority must be maintained on file and readily available upon request.

2. Period of Performance
The period of performance is specified in the Award. The Applicant is only authorized to perform allowable activities approved under the award, within the period of performance.

3. Lobbying and Political Activities
As required by Section 1352, Title 31 of the United States Code (U.S.C.), for persons entering into a contract, grant, loan, or cooperative agreement from an agency or requests or receives from an agency a commitment providing for the United States to insure or guarantee a loan, the Applicant certifies that:
(a) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement.
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(b) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.
(c) The Applicant shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.

The Applicant will also comply with provisions of the Hatch Act (5 U.S.C. §§ 1501- 1508 and §§ 7324-7328) which limit the political activities of employees whose principle employment activities are funded in whole or in part with federal funds.

Finally, the Applicant agrees that federal funds will not be used, directly or indirectly, to support the enactment, repeal, modification or adoption of any law, regulation or policy without the express written approval from the California Governor’s Office of Emergency Services (Cal OES) or the federal awarding agency.

4. Debarment and Suspension
As required by Executive Orders 12549 and 12689, and 2 C.F.R. § 200.214 and codified in 2 C.F.R. Part 180, Debarment and Suspension, the Applicant will provide protection against waste, fraud, and abuse by debarring or suspending those persons deemed irresponsible in their dealings with the federal government. The Applicant certifies that it and its subrecipients:

(a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency;
(b) Have not within a three-year period preceding this application been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or contract under a public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;

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(c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph (4)(b) of this certification; and (d) Have not within a three-year period preceding this application had one or more public transaction (federal, state, or local) terminated for cause or default.

Where the Applicant is unable to certify to any of the statements in this certification, he or she shall attach an explanation to this application.

5. Non-Discrimination and Equal Employment Opportunity
The Applicant will comply with all state and federal statutes relating to non- discrimination, including:

(a) Title VI of the Civil Rights Act of 1964 (Public Law (P.L.) 88-352 and 42 U.S.C. § 2000d et. seq.) which prohibits discrimination on the basis of race, color, or national origin and requires that recipients of federal financial assistance take reasonable steps to provide meaningful access to persons with limited English proficiency (LEP) to their programs and services;
(b) Title IX of the Education Amendments of 1972, (20 U.S.C. §§ 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex in any federally funded educational program or activity;
(c) Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794), which prohibits discrimination against those with disabilities or access and functional needs; (d) Americans with Disabilities Act (ADA) of 1990 (42 U.S.C. § 12101et seq.), which prohibits discrimination on the basis of disability and requires buildings and structures be accessible to those with disabilities and access and functional needs;
(e) Age Discrimination Act of 1975, (42 U.S.C. §§ 6101-6107), which prohibits discrimination on the basis of age;
(f) Public Health Service Act of 1912 (42 U.S.C. §§ 290 dd—2), relating to confidentiality of patient records regarding substance abuse treatment; (g) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. § 3601 et seq.), relating to nondiscrimination in the sale, rental or financing of housing as implemented by the Department of Housing and Urban Development at 24 C.F.R. Part100. The prohibition on disability discrimination includes the requirement that new multifamily housing with four or more dwelling units—i.e., the public and common use areas and individual apartment units (all units in buildings with elevators and ground-floor units in buildings without elevators)—

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be designed and constructed with certain accessible features (See 24 C.F.R. § 100.201);
(h) Executive Order 11246, which prohibits federal contractors and federally assisted construction contractors and subcontractors, who do over $10,000 in Government business in one year from discriminating in employment decisions on the basis of race, color, religion, sex, sexual orientation, gender identification or national origin;
(i) Executive Order 11375, which bans discrimination on the basis of race, color, religion, sex, sexual orientation, gender identification, or national origin in hiring and employment in both the United States federal workforce and on the part of government contractors;
(j) California Public Contract Code § 10295.3, which prohibits discrimination based on domestic partnerships and those in same sex marriages; (k) Department of Homeland Security (DHS) policy to ensure the equal treatment of faith-based organizations, under which the Applicant must comply with equal treatment policies and requirements contained in 6 C.F.R.

Part 19;
(l) The Applicant will comply with California’s Fair Employment and Housing Act (FEHA) (California Government Code §§12940-12957), as applicable. FEHA prohibits harassment and discrimination in employment because of ancestry, familial status, race, color, religious creed (including religious dress and grooming practices), sex (which includes pregnancy, childbirth, breastfeeding and medical conditions related to pregnancy, childbirth or breastfeeding), gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, mental and physical disability, genetic information, medical condition, age, pregnancy, denial of medical and family care leave, or pregnancy disability leave, military and veteran status, and/or retaliation for protesting illegal discrimination related to one of these categories, or for reporting patient abuse in tax supported institutions;
(m)Any other nondiscrimination provisions in the specific statute(s) under which application for federal assistance is being made; and
(n) The requirements of any other nondiscrimination statute(s) that may apply to this application.

6. Drug-Free Workplace
As required by the Drug-Free Workplace Act of 1988 (41 U.S.C. § 701 et seq.),the Applicant certifies that it will maintain a drug-free workplace and a drug-free awareness program as outlined in the Act.

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7. Environmental Standards
The Applicant will comply with state and federal environmental standards, including:

(a) California Environmental Quality Act (CEQA) (California Public Resources Code §§ 21000-21177), to include coordination with the city or county planning agency;
(b) CEQA Guidelines (California Code of Regulations, Title 14, Division 6, Chapter 3, §§ 15000-15387);
(c) Federal Clean Water Act (CWA) (33 U.S.C. § 1251 et seq.), which establishes the basic structure for regulating discharges of pollutants into the waters of the United States and regulating quality standards for surface waters; (d) Federal Clean Air Act of 1955 (42 U.S.C. § 7401) which regulates air emissions from stationary and mobile sources;
(e) Institution of environmental quality control measures under the National Environmental Policy Act (NEPA) of 1969 (P.L. 91-190); the Council on Environmental Quality Regulations for Implementing the Procedural Provisions of NEPA; and Executive Order 12898 which focuses on the environmental and human health effects of federal actions on minority and low-income populations with the goal of achieving environmental protection for all communities;
(f) Evaluation of flood hazards in floodplains in accordance with Executive Order 11988;
(g) Executive Order 11514 which sets forth national environmental standards; (h) Executive Order 11738 instituted to assure that each federal agency empowered to enter into contracts for the procurement of goods, materials, or services and each federal agency empowered to extend federal assistance by way of grant, loan, or contract shall undertake such procurement and assistance activities in a manner that will result in effective enforcement of the Clean Air Act and the Federal Water Pollution Control Act Executive Order 11990 which requires preservation of wetlands;
(i) The Safe Drinking Water Act of 1974, (P.L. 93-523); (j) The Endangered Species Act of 1973, (P.L. 93-205);
(k) Assurance of project consistency with the approved state management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. §§1451 et seq.);
(l) Conformity of Federal Actions to State (Clear Air) Implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. §§7401 et seq.); and

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(m) Wild and Scenic Rivers Act of 1968 (16 U.S.C. § 1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system.

The Applicant shall not be: (1) in violation of any order or resolution promulgated by the State Air Resources Board or an air pollution district; 2) subject to a cease-and- desist order pursuant to section 13301 of the California Water Code for violation of waste discharge requirements or discharge prohibitions; or 3) determined to be in violation of federal law relating to air or water pollution.

8. Audits
For subrecipients expending $750,000 or more in federal grant funds annually, the Applicant will perform the required financial and compliance audits in accordance with the Single Audit Act Amendments of 1996 and 2 C.F.R., Part 200, Subpart F Audit Requirements.

9. Cooperation and Access to Records
The Applicant must cooperate with any compliance reviews or investigations conducted by DHS. In accordance with 2 C.F.R. § 200.337, the Applicant will give the awarding agency, the Comptroller General of the United States and, if appropriate, the state, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the award. The Applicant will require any subrecipients, contractors, successors, transferees and assignees to acknowledge and agree to comply with this provision.

10. Conflict of Interest
The Applicant will establish safeguards to prohibit the Applicant’s employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain.

11. Financial Management
False Claims for Payment - The Applicant will comply with 31 U.S.C §§ 3729-3733 which provides that Applicant shall not submit a false claim for payment, reimbursement, or advance.

12. Reporting - Accountability
The Applicant agrees to comply with applicable provisions of the Federal Funding Accountability and Transparency Act (FFATA) (P.L. 109-282), including but not limited to (a) the reporting of subawards obligating $30,000 or more in federal funds,

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and (b) executive compensation data for first-tier subawards as set forth in 2 C.F.R.

Part 170, Appendix A. The Applicant also agrees to comply with the requirements set forth in the government-wide financial assistance award term regarding the System for Award Management and Universal Identifier Requirements located at 2 C.F.R.

Part 25, Appendix A.

13. Whistleblower Protections
The Applicant must comply with statutory requirements for whistleblower protections at 10 U.S.C. § 2409, 41 U.S.C. § 4712, and 10 U.S.C. § 2324, 41 U.S.C. § 4304 and § 4310.

14. Human Trafficking
The Applicant will comply with the requirements of Section 106(g) of the Trafficking Victims Protection Act of 2000, as amended (22 U.S.C. § 7104) which prohibits the Applicant or its subrecipients from: (1) engaging in trafficking in persons during the period of time that the award is in effect; (2) procuring a commercial sex act during the period of time that the award is in effect; or (3) using forced labor in the performance of the award or subawards under the award.

15. Labor Standards
The Applicant will comply with the following federal labor standards:

(a) The Davis-Bacon Act (40 U.S.C. §§ 276a to 276a-7), as applicable, and the Copeland Act (40 U.S.C. § 3145 and 18 U.S.C. § 874) and the Contract Work Hours and Safety Standards Act (40 U.S.C. §§ 327-333), regarding labor standards for federally-assisted construction contracts or subcontracts, and (b) The Federal Fair Labor Standards Act (29 U.S.C. § 201 et seq.) as they apply to employees of institutes of higher learning (IHE), hospitals and other non- profit organizations.

16. Worker’s Compensation
The Applicant must comply with provisions which require every employer to be insured to protect workers who may be injured on the job at all times during the performance of the work of this Agreement, as per the workers compensation laws set forth in California Labor Code §§ 3700 et seq.

17. Property-Related
If applicable to the type of project funded by this federal award, the Applicant will:

(a) Comply with the requirements of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646) 130
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which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of federal or federally-assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of federal participation in purchase;
(b) Comply with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires federal award subrecipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000 or more;
(c) Assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. § 470), Executive Order 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. § 469a-1 et seq.); and
(d) Comply with the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. § 4831 and 24 CFR Part 35) which prohibits the use of lead-based paint in construction or rehabilitation of residence structures.

18. Certifications Applicable Only to Federally-Funded Construction Projects For all construction projects, the Applicant will:

(a) Not dispose of, modify the use of, or change the terms of the real property title or other interest in the site and facilities without permission and instructions from the awarding agency. Will record the federal awarding agency directives and will include a covenant in the title of real property acquired in whole or in part with federal assistance funds to assure nondiscrimination during the useful life of the project;
(b) Comply with the requirements of the awarding agency with regard to the drafting, review and approval of construction plans and specifications; and (c) Provide and maintain competent and adequate engineering supervision at the construction site to ensure that the complete work conforms with the approved plans and specifications and will furnish progressive reports and such other information as may be required by the assistance awarding agency or State.

19. Use of Cellular Device While Driving is Prohibited
The Applicant is required to comply with California Vehicle Code sections 23123 and 23123.5. These laws prohibit driving motor vehicle while using an electronic wireless communications device to write, send, or read a text-based communication.

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Drivers are also prohibited from the use of a wireless telephone without hands-free listening and talking, unless to make an emergency call to 911, law enforcement, or similar services.

20. California Public Records Act and Freedom of Information Act The Applicant acknowledges that all information submitted in the course of applying for funding under this program, or provided in the course of an entity’s grant management activities that are under Federal control, is subject to the Freedom of Information Act (FOIA), 5 U.S.C. § 552, and the California Public Records Act, California Government Code §7920.000 et seq. The Applicant should consider these laws and consult its own State and local laws and regulations regarding the release of information when reporting sensitive matters in the grant application, needs assessment, and strategic planning process.

HOMELAND SECURITY GRANT PROGRAM (HSGP) –

PROGRAM SPECIFIC ASSURANCES / CERTIFICATIONS

21. Acknowledgment of Federal Funding from DHS
The Applicant must acknowledge its use of federal funding when issuing statements, press releases, requests for proposals, bid invitations, and other documents describing projects or programs funded in whole or in part with federal funds.

22. Activities Conducted Abroad
The Applicant must ensure that project activities carried on outside the United States are coordinated as necessary with appropriate government authorities and that appropriate licenses, permits, or approvals are obtained.

23. Best Practices for Collection and Use of Personally Identifiable Information (PII) DHS defines personally identifiable information (PII) as any information that permits the identity of an individual to be directly or indirectly inferred, including any information that is linked or linkable to that individual. If the Applicant collects PII, the Applicant is required to have a publicly-available privacy policy that describes standards on the usage and maintenance of PII they collect. The Applicant may refer to the DHS Privacy Impact Assessments: Privacy Guidance and Privacy template as a useful resource.

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24. Copyright
The Applicant must affix the applicable copyright notices of 17 U.S.C. §§ 401 or 402 and an acknowledgement of United States Government sponsorship (including the award number) to any work first produced under federal financial assistance awards.

25. Duplication of Benefits
Any cost allocable to a particular federal financial assistance award provided for in 2 C.F.R. Part 200, Subpart E may not be charged to other federal financial assistance awards to overcome fund deficiencies, to avoid restrictions imposed by federal statutes, regulations, or federal financial assistance award terms and conditions, or for other reasons. However, these prohibitions would not preclude the Applicant from shifting costs that are allowable under two or more awards in accordance with existing federal statutes, regulations, or the federal financial assistance award terms and conditions.

26. Energy Policy and Conservation Act
The Applicant must comply with the requirements of 42 U.S.C. § 6201 which contain policies relating to energy efficiency that are defined in the state energy conservation plan issued in compliance with this Act.

27. Federal Debt Status
The Applicant is required to be non-delinquent in its repayment of any federal debt.

Examples of relevant debt include delinquent payroll and other taxes, audit disallowances, and benefit overpayments. See OMB Circular A-129.

28. Fly America Act of 1974
The Applicant must comply with Preference for United States Flag Air Carriers: (air carriers holding certificates under 49 U.S.C. § 41102) for international air transportation of people and property to the extent that such service is available, in accordance with the International Air Transportation Fair Competitive Practices Act of 1974 (49 U.S.C. § 40118) and the interpretative guidelines issued by the Comptroller General of the United States in the March 31, 1981, amendment to Comptroller General Decision B-138942.

29. Hotel and Motel Fire Safety Act of 1990
In accordance with Section 6 of the Hotel and Motel Fire Safety Act of 1990, the Applicant must ensure that all conference, meeting, convention, or training space funded in whole or in part with federal funds complies with the fire prevention and control guidelines of the Federal Fire Prevention and Control Act of 1974, as amended, 15 U.S.C. § 2225a.
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30. Non-supplanting Requirement
If the Applicant receives federal financial assistance awards made under programs that prohibit supplanting by law, the Applicant must ensure that federal funds do not replace (supplant) funds that have been budgeted for the same purpose through non- federal sources.

31. Patents and Intellectual Property Rights
Unless otherwise provided by law, the Applicant is subject to the Bayh-Dole Act, Pub.

L. No. 96-517, as amended, and codified in 35 U.S.C. § 200 et seq. The Applicant is subject to the specific requirements governing the development, reporting, and disposition of rights to inventions and patents resulting from financial assistance awards located at 37 C.F.R. Part 401 and the standard patent rights clause located at 37 C.F.R. § 401.14.

32. SAFECOM
If the Applicant receives federal financial assistance awards made under programs that provide emergency communication equipment and its related activities, the Applicant must comply with the SAFECOM Guidance for Emergency Communication Grants, including provisions on technical standards that ensure and enhance interoperable communications.

33. Terrorist Financing
The Applicant must comply with Executive Order 13224 and United States law that prohibit transactions with, and the provisions of resources and support to, individuals and organizations associated with terrorism. The Applicant is legally responsible for ensuring compliance with the Order and laws.

34. Reporting of Matters Related to Recipient Integrity and Performance If the total value of the Applicant’s currently active grants, cooperative agreements, and procurement contracts from all federal assistance offices exceeds $10,000,000 for any period of time during the period of performance of this federal financial assistance award, the Applicant must comply with the requirements set forth in the government-wide Award Term and Condition for Recipient Integrity and Performance Matters located at 2 C.F.R. Part 200, Appendix XII, the full text of which is incorporated here by reference in the award terms and conditions. 134
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35. USA Patriot Act of 2001
The Applicant must comply with requirements of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act (USA PATRIOT Act), which amends 18 U.S.C. §§ 175-175c.

36. Use of DHS Seal, Logo, and Flags
The Applicant must obtain permission from their DHS Financial Assistance Office, prior to using the DHS seal(s), logos, crests or reproductions of flags or likenesses of DHS agency officials, including use of the United States Coast Guard seal, logo, crests or reproductions of flags or likenesses of Coast Guard officials.

37. Performance Goals
In addition to the Biannual Strategy Implementation Report submission requirements outlined in the Preparedness Grants Manual, the Applicant must demonstrate how the grant-funded project addresses the core capability gap associated with each project and identified in the Threat and Hazard Identification and Risk Analysis or Stakeholder Preparedness Review or sustains existing capabilities, as applicable. The capability gap reduction or capability sustainment must be addressed in the Project Description of the BSIR for each project.

38. Applicability of DHS Standard Terms and Conditions to Tribes The DHS Standard Terms and Conditions are a restatement of general requirements imposed upon the Applicant and flow down to any of its subrecipients as a matter of law, regulation, or executive order. If the requirement does not apply to Indian tribes or there is a federal law or regulation exempting its application to Indian tribes, then the acceptance by Tribes of, or acquiescence to, DHS Standard Terms and Conditions does not change or alter its inapplicability to an Indian tribe. The execution of grant documents is not intended to change, alter, amend, or impose additional liability or responsibility upon the Tribe where it does not already exist.

39. Required Use of American Iron, Steel, Manufactured Products, and Construction Materials
The Applicant must comply with the “Build America, Buy America” Act (BABAA), enacted as part of the Infrastructure Investment and Jobs Act and Executive Order 14005. Applicants receiving a federal award subject to BABAA requirements may not use federal financial assistance funds for infrastructure projects unless:

(a) All iron and steel used in the project are produced in the United States – this means all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States; 135
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(b) All manufactured products used in the project are produced in the United States – this means the manufactured product was manufactured in the United States; and the cost of the components of the manufactured product that are mined, produced, or manufactured in the United States is greater than 55 percent of the total cost of all components of the manufactured product, unless another standard for determining the minimum amount of domestic content of the manufactured product has been established under applicable law or regulation; and
(c) All construction materials are manufactured in the United States – this means that all manufacturing processes for the construction material occurred in the United States.

The “Buy America” preference only applies to articles, materials, and supplies that are consumed in, incorporated into, or affixed to an infrastructure project. It does not apply to tools, equipment, and supplies, such as temporary scaffolding, brought to the construction site and removed at or before the completion of the infrastructure project. Nor does a “Buy America” preference apply to equipment and furnishings, such as movable chairs, desks, and portable computer equipment, that are used at or within the finished infrastructure project but are not an integral part of the structure or permanently affixed to the infrastructure project.

Pe
r section 70914(c) of BABAA, FEMA may waive the application of a “Buy America” preference under an infrastructure program in certain cases.

On
July 1, 2022, OMB approved FEMA’s General Applicability Public Interest Waiver of the BABAA requirements to be effective for a period of six months, through January 1, 2023. Applicants will not be required to follow the BABAA requirements for FEMA awards made, and any other funding FEMA obligates, during this waiver period. For any new awards FEMA makes after January 1, 2023, as well as new funding FEMA obligates to existing awards or through renewal awards where the new funding is obligated after January 1, 2023, Applicants will be required to follow the BABAA requirements unless another waiver is requested and approved. 4 0. Advancing Effective, Accountable Policing and Criminal Justice Practice to Enhance Public Trust and Public Safety
The Applicant must comply with the requirements of section 12(c) of Executive Order 14074. The Applicant is also encouraged to adopt and enforce policies consistent with Executive Order 14074 to support safe and effective policing. 136
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IMPORTANT
The purpose of these assurances is to obtain federal and state financial assistance, including any and all federal and state grants, loans, reimbursement, contracts, etc.

Applicant recognizes and agrees that state financial assistance will be extended based on the representations made in these assurances. These assurances are binding on Applicant, its successors, transferees, assignees, etc. as well as any of its subrecipients.

Failure to comply with any of the above assurances may result in suspension, termination, or reduction of grant funds.

All a
ppropriate documentation, as outlined above, must be maintained on file by the Applicant and available for Cal OES or public scrutiny upon request. Failure to comply with these requirements may result in suspension of payments under the grant or termination of the grant or both and the Applicant may be ineligible for award of any future grants if Cal OES determines that the Applicant: (1) has made false certification, or (2) violates the certification by failing to carry out the requirements as noted above.

All of the language contained within this document must be included in the award documents for all subawards at all tiers. Applicants are bound by DHS Standard Terms and Conditions 2023, Version 2, hereby incorporated by reference, which can be found at: https://www.dhs.gov/publication/fy15- dhs- standard-terms-and-conditions.

The undersigned represents that he/she is authorized to enter into this agreement for and on behalf of the Applicant.

Applicant:

Signature of Authorized Agent:

Printed Name of Authorized Agent:

Title: Date:
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Placer County Office of Emergency Services
DHS Agreement with City of Rocklin

DEPARTMENT OF HOMELAND SECURITY

SUBAWARDEE GRANT AGREEMENT

CONTRACT NO: 2023-0042-062
DEPARTMENT: Placer County Office of Emergency Services SUBAWARDEE: City of Rocklin
SUBAWARDEE UEI #: F9JTDAHKSBX5

GRANT INFORMATION:

Fiscal Year (FY) 2023 Homeland Security Grant Program (HSGP) Subaward #2023-0042 Subaward Period: 09/01/2023 – 05/31/2026
Federal Grantor Agency – US Department of Homeland Security CFDA #97.067 Pass-through State Agency – California Office of Emergency Services FIPS #061-00000, Subaward #2023-0042

WHEREAS, SUBAWARDEE submitted an application to County for an award of a portion of the SHSGP that has been awarded to County; and

WHEREAS, County has approved SUBAWARDEE’s application for such grant funds conditioned on SUBAWARDEE’s approval and execution of this Agreement; and

WHEREAS, the purpose of this Agreement is to memorialize SUBAWARDEE’s legal obligations with respect to its use of the grant funds and its compliance with the terms and conditions of the SHSGP; and

WHEREAS, County and SUBAWARDEE desire to enter into this Agreement on the terms and conditions set forth herein.

NOW, THEREFORE, in consideration of the mutual promises hereinafter set forth, County and SUBAWARDEE agree as follows:

1. GRANT FUNDS & GRANT ACTIVITIES. SUBAWARDEE will utilize 2023 State Homeland Security Grant Program SHSGP grant funds (“Grant Funds”) only in the amount, type, and manner described in Exhibit A (“Scope of Grant Activities”). SUBAWARDEE will complete the tasks and/or activities in Exhibit A (“Grant Activities”) within the term of this Agreement.

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Placer County Office of Emergency Services
DHS Agreement with City of Rocklin

2. TERM OF AGREEMENT. This Agreement commences on the last date of execution of this Agreement and shall terminate on December 31, 2025 (December of year prior to closeout date).

3. SHSGP OBLIGATIONS.

i. The Department of Homeland Security Standard Terms and Conditions referenced therein.

iii. The requirement to adhere to government cost principles, uniform adm inistrative requirements, and audit requirements provided in 2 CFR 200, as they may be updated from time to time by the federal Office of Management and Budget.

B. Procurement. SUBAWARDEE’s systems for acquiring go ods and services under this Agreement shall comply with applicable federal regulations. All contracts awarded by SUBAWARDEE related to this Agreement, including but not limited to those in amounts less than the simplified acquisition threshold, shall contain the provisions set forth in 2 CFR 200, as applicable.

C. Use of Grant Funds for Fee or Profit Prohibited. The use of Grant Funds for the payment of any fee or profit under a sub-award, as defined in 2 CFR 200 subpart A–E, is not allowable.

The term sub -award does not include the SUBAWARDEE’s procurement of goods and services needed to carry out Grant Activities.

D. Post-Award Requirements . SUBAWARDEE shall meet all c loseout and continuing responsibilities, such as equipment tracking, monitoring, auditi ng, and records retention pursuant to the requirements in Exhibit B. SUBAWARDEE expressly agrees that use of the funds award is subject to single audit requirements pursuant to 2 CFR Part 200, Subpart F – Audit Requirements, Section 200.500.

Placer County Office of Emergency Services
DHS Agreement with City of Rocklin
impact expected, action taken or contemplated, and any assistance needed to resolve the situation.

J. Reports. SUBAWARDEE shall submit the following reports and/or information electronically to County:

4. GRANT FUND PAYMENT.

A. County shall process SUBAWARDEE’s payment requests on a reimbursement basis. Grant Funds shall not be paid in advance. SUBAWARDEE shall submit payment requests quarterly, as provided below.

i. Quarter 1 (January–March): Payment request due April 15

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